Zoning Ordinance (pdf) - Cerro Gordo County online

CERRO GORDO COUNTY ORDINANCE NO. 15 

ZONING ORDINANCE 

of CERRO GORDO COUNTY, IOWA 

March 13, 1990 (and as Revised through 03/25/2010) 

By North Iowa Area Council of Governments 

Consulting Planners, Mason City, Iowa

ZONING ORDINANCE - CERRO GORDO COUNTY 

TABLE OF CONTENTS 

ARTICLE 1: PURPOSE ............................................................................................................................................ 1 

ARTICLE 2: TITLE ..................................................................................................................................................... 1 

ARTICLE 3: INTERPRETATION OF STANDARDS ................................................................................................... 1 

ARTICLE 4: DEFINITIONS ......................................................................................................................................... 2 

ARTICLE 5: DISTRICTS, BOUNDARIES THEREOF, AND INTERPRETATION OF BOUNDARIES ....................... 18 

5.1 DISTRICTS ................................................................................................................................................. 18 

5.2 ZONING MAP ............................................................................................................................................. 18 

5.3 VACATED STREETS .................................................................................................................................. 18 

5.4 INTERPRETATION OF DISTRICT BOUNDARIES ..................................................................................... 18 

5.5 OVERLAY DISTRICTS IN GENERAL ......................................................................................................... 19 

5.6 ENVIRONMENTAL RESOURCES OVERLAY DISTRICT (EROD) ............................................................. 19 

5.7 AIRPORT ZONING ORDINANCE ............................................................................................................... 20 

APPENDIX I ................................................................................................................................. 27 

APPENDIX II ................................................................................................................................ 27 

ARTICLE 6: GENERAL REGULATIONS .................................................................................................................. 28 

6.1 AGRICULTURE .......................................................................................................................................... 28 

6.2 CONFORMANCE REQUIRED .................................................................................................................... 28 

6.3 CONTINUING EXISTING USES ................................................................................................................. 28 

6.4 NONCONFORMING USES OR BUILDINGS .............................................................................................. 28 

6.5 ZONING FOR FAMILY HOMES .................................................................................................................. 29 

6.6 PENDING APPLICATIONS FOR ZONING PERMITS ................................................................................ 29 

6.7 STREET FRONTAGE REQUIRED ............................................................................................................. 29 

6.8 DWELLING ................................................................................................................................................. 29 

6.9 ACCESSORY STRUCTURES OR USES IN RESIDENCE DISTRICTS AND AGRICULTURAL 

DISTRICTS ............................................................................................................................................................ 29 

6.10 REQUIRED YARD CANNOT BE REDUCED ....................................................................................... 30 

6.11 FRONT YARD SETBACK AVERAGE .................................................................................................. 30 

6.12 OFF-STREET PARKING AND LOADING ............................................................................................ 30 

6.13 HEIGHTS, HOW MEASURED ............................................................................................................. 31 

6.14 STORIES.............................................................................................................................................. 31 

6.15 FRONT YARD ON LOTS RUNNING THROUGH THE BLOCK ............................................................ 31 

6.16 FRONT YARD DEPTHS, HOW MEASURED ....................................................................................... 31 

6.17 STORAGE OF TRAVEL TRAILERS..................................................................................................... 31 

6.18 BUILDING LINES ON APPROVED PLATS.......................................................................................... 31 

6.19 MINIMUM WIDTH REQUIREMENT PER DWELLING UNIT ................................................................ 31 

6.20 MINIMUM GROUND FLOOR AREA REQUIREMENT PER DWELLING UNIT .................................... 32 

6.21 PRINCIPAL USE ON A COMMERCIAL OR INDUSTRIAL LOT ........................................................... 32 

6.22 SALE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS .......................................................... 32 

6:23 LOTS OF RECORD - UNDERSIZE ...................................................................................................... 32 

6.24 CONSTRUCTION OF ACCESSORY BUILDING BEFORE PRINCIPAL BUILDING ............................ 32 

6.25 SALE OR LEASE OF REQUIRED SPACE .......................................................................................... 32 

6.26 WATER AND SEWAGE REQUIREMENTS ......................................................................................... 32 

6.27 STRUCTURES PERMITTED ABOVE HEIGHT LIMITS ....................................................................... 33 

6.28 OTHER EXCEPTIONS TO YARD REQUIREMENTS .......................................................................... 34 

6.29 SUB-LOTS ........................................................................................................................................... 34 

6.30 SWIMMING POOLS ............................................................................................................................. 34 

6.31 FENCES, WALLS, AND VISION CLEARANCE ................................................................................... 35 

6.32 CONTROLLED ACCESS ..................................................................................................................... 35 

6.33 SITE PLAN FEES ................................................................................................................................. 36 

6.34 HOME OCCUPATIONS ....................................................................................................................... 36 

ARTICLE 7: A-1 AGRICULTURAL DISTRICT .......................................................................................................... 38 

7.1 DECLARATION OF INTENT ....................................................................................................................... 38 

7.2 PRINCIPAL PERMITTED USES ................................................................................................................. 38 

7.3 ACCESSORY PERMITTED USES ............................................................................................................. 38 

7.4 SPECIAL PERMITTED USES..................................................................................................................... 38 

7.5 HEIGHT REGULATIONS ............................................................................................................................ 39 

7.6 YARD REQUIREMENTS ............................................................................................................................ 39 

i

ARTICLE 8: A-2 AGRICULTURAL DISTRICT .......................................................................................................... 40 







ARTICLE 9: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT .................................................................................. 41 







ARTICLE 10: R-2 SINGLE FAMILY RESIDENTIAL DISTRICT ................................................................................ 43 

10.1 DECLARATION OF INTENT ................................................................................................................ 43 

10.2 PRINCIPAL PERMITTED USES .......................................................................................................... 43 

10.3 ACCESSORY PERMITTED USES ....................................................................................................... 43 

10.4 SPECIAL PERMITTED USES .............................................................................................................. 43 

10.5 HEIGHT REGULATIONS ..................................................................................................................... 43 

10.6 YARD REQUIREMENTS ...................................................................................................................... 43 

ARTICLE 11: R-3 SINGLE FAMILY RESIDENTIAL DISTRICT ................................................................................ 44 







ARTICLE 12: R-4 MULTI-FAMILY RESIDENTIAL DISTRICT .................................................................................. 45 







ARTICLE 13: C-1 LOCAL COMMERCIAL DISTRICT .............................................................................................. 47 


13.2 DISTRICT RESTRICTIONS ................................................................................................................. 47 






ARTICLE 14: C-2 GENERAL COMMERCIAL DISTRICT ......................................................................................... 49 








ARTICLE 14A: SEXUALLY ORIENTED BUSINESS ................................................................................................ 51 

14A.1 DECLARATION OF INTENT ................................................................................................................ 51 

14A.2 DEFINITIONS ....................................................................................................................................... 51 

14A.3 CLASSIFICATION ................................................................................................................................ 53 

14A.4 PERMIT AND/OR LICENSE REQUIRED ............................................................................................. 53 

14A.5 ISSUANCE OF PERMIT AND/OR LICENSE ....................................................................................... 54 

14A.6 FEES .................................................................................................................................................... 55 

14A.7 INSPECTION ....................................................................................................................................... 55 

14A.8 EXPIRATION OF PERMIT AND/OR LICENSE .................................................................................... 55 

14A.9 SUSPENSION ...................................................................................................................................... 55 

14A.10 REVOCATION ...................................................................................................................................... 55 

14A.11 TRANSFER OF PERMIT AND/OR LICENSE ...................................................................................... 56 

ii

14A.12 LOCATION OF SEXUALLY ORIENTED BUSINESSES ...................................................................... 56 

14A.13 ADDITIONAL REGULATIONS FOR ADULT MOTELS ........................................................................ 58 

14A.15 EXEMPTIONS ...................................................................................................................................... 59 

14A.16 CONFLICTING ORDINANCES REPEALED ........................................................................................ 59 

ARTICLE 15: C-3 PLANNED SHOPPING CENTER DISTRICT ............................................................................... 60 





15.5 ZONING COMMISSION PROCEDURE ............................................................................................... 62 

15.6 DEVELOPMENT PLAN REQUIREMENTS .......................................................................................... 62 

15.7 DEVELOPMENT SCHEDULE .............................................................................................................. 63 

15.8 OFF-STREET PARKING AND LOADING REQUIREMENTS ............................................................... 63 

ARTICLE 16: M-1 LIGHT INDUSTRIAL DISTRICT .................................................................................................. 64 







16.7 LOT REQUIREMENTS ......................................................................................................................... 65 


ARTICLE 17: M-2 HEAVY INDUSTRIAL DISTRICT ................................................................................................ 67 






17.6 REQUIRED CONDITIONS ................................................................................................................... 68 


17.8 LOT REQUIREMENTS ......................................................................................................................... 68 


ARTICLE 18: P.A.D. - PLANNED AREA DEVELOPMENT DISTRICT ..................................................................... 69 



18.3 USE CONTROL ................................................................................................................................... 69 

18.4 SIGNS .................................................................................................................................................. 69 

18.5 LAYOUT AND DESIGN REQUIREMENTS .......................................................................................... 70 

18.6 YARDS ................................................................................................................................................. 70 

18.7 OPEN SPACE ...................................................................................................................................... 70 

18.8 REAR AND SIDE YARD SETBACK ..................................................................................................... 70 

18.9 NUMBER OF DWELLING UNITS ........................................................................................................ 70 

18.10 SITE COVERAGE ................................................................................................................................ 70 

18.11 OFF-STREET PARKING ...................................................................................................................... 70 

18.12 APPLICATION ...................................................................................................................................... 71 

18.13 PROCEDURE ...................................................................................................................................... 71 

18.14 SITE SIZE ............................................................................................................................................ 72 

ARTICLE 19: LOADING AND PARKING AREA REQUIRED, FILLING STATIONS, BUFFER ZONE, 

LANDSCAPING, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS .................................................................. 73 

19.1 OFF-STREET LOADING SPACES REQUIRED .................................................................................. 73 

19.2 OFF-STREET PARKING AREAS REQUIRED ..................................................................................... 73 

19.3 FILLING STATIONS ............................................................................................................................. 74 

19.4 BUFFER ZONE REQUIRED ................................................................................................................ 75 

19.5 LANDSCAPING OF PARKING LOTS REQUIRED .............................................................................. 76 

19.6 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS ...................................................................... 77 

ARTICLE 20: SPECIAL USES ................................................................................................................................. 84 

20.1 REGULATIONS .................................................................................................................................... 84 

20.2 SPECIAL USES ................................................................................................................................... 84 

ARTICLE 21: FLOOD PLAIN MANAGEMENT ......................................................................................................... 94 


21.2 STATEMENT OF PURPOSE ............................................................................................................... 94 

21.3 LANDS TO WHICH ORDINANCE APPLIES ........................................................................................ 94 

21.4 GENERAL PROVISIONS ..................................................................................................................... 94 

iii

21.5 STANDARDS FOR FLOOD PLAIN DEVELOPMENT .......................................................................... 95 

21.6 ADMINISTRATION ............................................................................................................................... 98 

21.7 NONCONFORMING USES .................................................................................................................. 99 

ARTICLE 22: APPLICATIONS FOR ZONING PERMITS ....................................................................................... 101 

ARTICLE 23: ENFORCEMENT .............................................................................................................................. 103 

23.1 ENFORCEMENT BY ZONING ADMINISTRATOR ............................................................................. 103 

23.2 VIOLATIONS AND PENALTIES ......................................................................................................... 103 

23.3 VIOLATIONS - HOW PREVENTED ................................................................................................... 103 

ARTICLE 24: BOARD OF ADJUSTMENT .............................................................................................................. 104 

24.1 APPOINTMENT AND TERMS ............................................................................................................ 104 

24.2 MEETING ........................................................................................................................................... 104 

24.3 APPLICATIONS, APPEALS, HEARINGS AND STAY OF PROCEEDINGS ...................................... 104 

24.4 JURISDICTION AND POWERS OF BOARD OF ADJUSTMENT ...................................................... 105 

ARTICLE 25: ZONING COMMISSION ................................................................................................................... 110 

25.1 CREATION ......................................................................................................................................... 110 

25.2 MEMBERSHIP AND TERMS OF OFFICE ......................................................................................... 110 

25.3 QUORUM ........................................................................................................................................... 110 

25.4 MEETINGS ......................................................................................................................................... 110 

25.5 OFFICERS ......................................................................................................................................... 110 

25.6 REMOVAL OF COMMISSION MEMBERS ......................................................................................... 110 

25.7 JURISDICTION AND POWERS OF ZONING COMMISSION ............................................................ 111 

ARTICLE 26: DISTRICT CHANGES AND AMENDMENTS ................................................................................... 112 

26.1 GENERAL .......................................................................................................................................... 112 

26.2 PROCEDURE FOR CHANGE ............................................................................................................ 112 

ARTICLE 27: VALIDITY ......................................................................................................................................... 114 

ARTICLE 28: WHEN EFFECTIVE ......................................................................................................................... 114 

INDEX ........................................................................................................................................................................ 115 

iv

PURPOSE, TITLE & INTERPRETATION OF STANDARDS Art. 1, 2 & 3 

CERRO GORDO COUNTY, IOWA, ZONING ORDINANCE 

ARTICLE 1: 

PURPOSE 

This Ordinance is adopted for the purpose of promoting public health, safety, morals, comfort, and general 

welfare; to conserve the values of property and encourage the most appropriate use of land; to secure and 

provide the social and economic advantages resulting from an orderly planned use of land resources; and 

to facilitate adequate but economical provisions for public improvements, all in accordance with a 

Comprehensive Plan and as permitted by the provisions of Chapter 358A of the Code of Iowa, as 

amended. 

ARTICLE 2: 

TITLE 

This ordinance shall be known and may be cited and referred to as the "CERRO GORDO COUNTY, 

IOWA, ZONING ORDINANCE." 

ARTICLE 3: 

INTERPRETATION OF STANDARDS 

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum 

requirements. Wherever the requirements of this Ordinance are at variance with the requirements of any 

other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher 

standards shall govern. 

1

DEFINITIONS Art. 4 

ARTICLE 4: 

DEFINITIONS 

For the purpose of this Ordinance, all words shall carry their customary meanings except those specifically 

defined herein. Words used in the present tense shall include the future, the singular number shall 

include the plural, and the plural the singular; the word shall is mandatory and not directory. 

ACCESS: 

A way of approaching or entering a property. 

ACCESSORY BUILDING OR USE: 

A building or use which: (1) is subordinate to and serves a principal building or principal use; (2) is 

subordinate in area, extent, or purpose to the principal building or principal use served; (3) contributes to 

the comfort, convenience, or necessity of occupants of the principal building or principal use; and (4) is 

located on the same zoning lot as the principal building or principal use. 

AGRICULTURE: 

The science or art of cultivating the soil, producing crops, and raising livestock. 

ALLEY: 

A thoroughfare through the middle of a block giving access to the rear of a building or premise. 

APARTMENT: 

A room or suite of rooms in a multiple-dwelling intended or designed for use as a residence by a single 

family. 

ASPHALT PLANT, HOT-MIX, PERMANENT: 

A plant or facility that is more elaborate than the cold mix plant, used for the heating, drying, proportioning 

and blending of high type hot-mixes in accordance with specification requirements. 

ASPHALT PLANT, HOT-MIX, TEMPORARY: 

Same as permanent hot-mix asphalt plants with the exception that the finished mix or product is to be 

limited to specific contractual projects of one construction period and a Zoning Permit is obtained, in 

contrast to public commercial sales. 

AUTOMOBILE SALVAGE YARD: 

(See "Junk Yard") 

AUTOMOBILE SERVICE STATION: 

A retail place of business having pumps and/or storage tanks from which liquid, fuel, and/or lubricants are 

dispensed directly into a motor vehicle. Sales and installation of auto accessories, washing, polishing, 

inspecting, cleaning and auto "tune-up" may be carried on incidental to the sale of such fuel and 

lubricants; however not permitted are steam cleaning and body and fender work. 

AWNING: 

Roof-like cover entirely supported by and extending from a building for the purpose of protecting openings 

therein from the elements. 

BASE FLOOD: 

The flood having (1) percent chance of being equaled or exceeded in any given year. See also “Flood, 

100-years.” 

BASEMENT: 

Any enclosed area of a building which has its floor or lowest level below ground level (sub-grade) on all 

sides. A basement is counted as a story for the purpose of height regulation. See also “Lowest Floor.” 

2


BED AND BREAKFAST INN: 

A residential building containing a specified number of guest rooms occupied by a specific number of 

persons, which provides living units and limited refreshments for transient guests, and which is managed 

and occupied by the owner of the property. 

BEGINNING OF CONSTRUCTION: 

Excavation and/or the incorporation of labor and materials within the walls of the building or buildings. 

BILLBOARD: 

(See "Outdoor Advertising Device") 

BLOCK: 

A piece of land usually bounded on all sides by streets or other transportation routes such as railroad 

lines, or by physical barriers such as water bodies or public open space, and not traversed by a through 

street. 

BOARD OF ADJUSTMENT: 

The Board of Supervisors shall provide for the appointment of a Board of Adjustment, and in the 

regulations and restrictions adopted pursuant to the authority of Chapter 358A, Code of Iowa, shall provide 

that the said Board of Adjustment may, in appropriate cases, and subject to appropriate conditions and 

safeguards, make special exceptions to the terms of the ordinances or regulations in harmony with its 

general purpose and intent and in accordance with the general or specific rules therein contained, and 

provide that any property owner aggrieved by the action of the Board of Supervisors in the adoption of 

such regulations and restrictions may petition the Board of Adjustment direct to modify regulations and 

restrictions as applied to such property owners. 

BOARDING HOUSE: 

A building, other than a hotel, where for compensation, meals or lodging and meals are provided for three 

(3) or more persons. 

BUFFER ZONE (BUFFER STRIP): 

A strip of land established to protect one type of land use from another incompatible use. 

BUILDABLE AREA: 

The space remaining on a zoning lot after the minimum open-space requirements (coverage, yards, 

setbacks) have been met. 

BUILDING: 

Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, or 

property. When a structure is divided in separate parts by unpierced walls extending from the ground up, 

each part is deemed a separate building. 

BUILDING, HEIGHT OF: 

The vertical distance from the average natural grade at the building line to the highest point of the coping 

of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge 

for gable, hip and gambrel roofs. 

BUILDING LINE: 

An imaginary line, usually parallel to the front and side lot lines, beyond which a building cannot lawfully 

extend. 

BUILDING PERMIT: 

(See "Zoning Permit") 

3


BULK STATIONS: 

Distributing stations commonly known as bulk or tank stations used for the storage and distribution of 

flammable liquids or liquefied petroleum products where the aggregate capacity of all storage tanks is 

more than six thousand (6,000) gallons. 

CANOPY: 

(See "Awning") 

CELLAR: 

That portion of a building 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. 

CHILDCARE CENTER OR EARLY CHILDHOOD EDUCATIONAL CENTER: 

Any private agency, institution, establishment or place which provides supplemental parental care and/or 

educational work, other than lodging overnight for four (4) or more nonresident children of preschool age, 

for compensation. 

CHURCH: 

Any building or site whose primary use is public religious worship. 

COLD-MIX PLANT, PERMANENT: 

A plant or facility for the proportioning and blending of cold mixed asphalt or Portland cement concrete in 

accordance with specification requirements. 

COLD-MIX PLANT, TEMPORARY: 

Same as permanent cold-mix plants with the exception that the finished mix or product is to be limited to 

specific contractual projects of one construction period and a Zoning Permit is obtained, in contrast to 

public commercial sales. 

COMMERCIAL FEEDLOT: 

A feedlot, as defined herein, where the livestock feed is not grown on the premises. 

COMMISSION: 

(See "Zoning Commission") 

CONTROLLED ACCESS: 

(See "Access") 

CURB LEVEL: 

The level of the established curb in front of the building measured at the center of such front. 

DEVELOPMENT: 

Any man-made change to improved or unimproved real estate, including but not limited to buildings or 

other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and the 

placement of mobile homes. 

DISTRICT: 

A section or sections of the county within which the regulations governing the use of buildings and 

premises or the height and area of buildings and premises are uniform. 

DUMP: 

A premises used for the disposal of "clean" type of fill material or refuse such as dirt, rocks, cans, tree 

branches and similar materials, but not including organic matter of any type such as garbage or dead 

animals or portions thereof. 

4


DWELLING: 

Any building or portion thereof which is designed or used exclusively for residential purposes but not 

including a garage, tent, cabin, trailer, travel trailer, motor home or bus. 

DWELLING, SINGLE-FAMILY: 

A building designed for or occupied exclusively for residential purposes by one (1) family or housekeeping 

unit. A factory built structure can be a single family dwelling if it meets all of the following conditions: (1) 

It has received a HUD certificate in accordance with 42 U.S.C. Section 5415; (2) It is not constructed or 

equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of 

delivery to a permanent site which does not have wheels or axles permanently attached to its frame or 

body; (3) It does not have a vehicular certificate of registration; and (4) It is taxed as real property by the 

assessor. 

DWELLING, TWO-FAMILY (DUPLEX): 

A building designed for or occupied exclusively to two (2) families or housekeeping units, living 

independently of each other. 

DWELLING, MULTI-FAMILY: 

A building designed for or occupied by three or more families with separate housekeeping and cooking 

facilities for each. 

EARTH SHELTERED HOME: 

A building designed to be used as a dwelling utilizing earth to shelter the building. The roof can be of 

conventional construction or covered with earth as a completed residential dwelling, as opposed to a 

basement with a temporary roof. 

EXISTING CONSTRUCTION: 

The use of a lot or structure at the time of the enactment of the Zoning Ordinance. For the purpose of 

flood plain management requirements, “Existing Construction” is defined as any structure for which the 

“Start of Construction” commenced before the effective date of the community’s Flood Insurance Rate 

Map. May also be referred to as “Existing Structure.” 

EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION: 

A factory-built home park or subdivision for which the construction of facilities for servicing the lots on 

which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the 

construction of streets, and either final site grading or the pouring of concrete pads) is completed before 

the effective date of the Zoning Ordinance and the flood plain management regulations adopted by the 

County. 

EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION: 

The preparation of additional sites by the construction of facilities for servicing the lots on which the 

factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of 

streets, and either final site grading or the pouring of concrete pads.) 

FACTORY-BUILT HOME: 

Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed 

or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For 

the purpose of this Ordinance, factory-built homes include mobile homes, manufactured homes and 

modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for 

greater than one hundred eighty (180) days. 

FACTORY-BUILT HOME PARK OR SUBDIVISION: 

A parcel (or contiguous parcels) of land divided into two or more factory-built home lots for sale or rent. 

FACTORY-BUILT HOME PARK OR SUBDIVISION, EXISTING: 

(See “Existing Factory-Built Home Park or Subdivision”) 

5


FACTORY-BUILT HOME PARK OR SUBDIVISION, EXPANSION OF: 

(See “Expansion of Existing Factory-Built Home Park or Subdivision”) 

FACTORY-BUILT HOME PARK OR SUBDIVISION, NEW: 

(See “New Factory-Built Home Park or Subdivision”) 

FAMILY: 

An individual or two (2) or more persons related by blood, marriage, or adoption, living together as a single 

housekeeping unit - also any foster children, wards or resident employees who live or sleep in the same 

dwelling unit. A group of not more than five (5) persons who need not be related, living together as a 

single housekeeping unit in a dwelling unit. 

FAMILY, IMMEDIATE: 

Father, mother, brother, sister, son, daughter--related by blood or marriage or adoption. 

FARM: 

An area comprising ten (10) acres or more which is primarily adapted, by reason of nature, for use for 

agricultural purposes. 

FEEDLOT: 

A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and 

growth prior to slaughter or the sale of products derived from such animals. The term does not include 

areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed to 

graze or feed. 

FILLING STATION: 

(See "Automobile Service Station") 

FLOOD: 

A temporary rise in stream's flow or stage that results in water overflowing its banks and inundating areas 

adjacent to the channel, or an unusual and rapid accumulation of runoff or surface waters from any 

source. 

FLOOD ELEVATION: 

The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For 

instance, the 100-year flood elevation is that elevation of flood waters related to the occurrence of the 100- 

year flood and based on data compiled by the Federal Emergency Management Agency and as effective 

on June 7, 1977. 

FLOOD HAZARD AREAS: 

(See "Areas of Special Flood Hazard") 

FLOOD INSURANCE RATE MAP: 

The official map prepared as a part of (but published separately from) the Flood Insurance Study which 

delineates both the flood hazard areas and the risk premium zones applicable to the community. 

FLOOD INSURANCE STUDY: 

A study initiated, funded, and published by the Federal Insurance Administration for the purpose of 

evaluating in detail the existence and severity of flood hazards; providing the county with the necessary 

information for adopting a flood plain management program; and establishing actuarial flood insurance 

rates. 

FLOOD, 100 YEARS: 

A flood, the magnitude of which has a one percent chance of being equalled or exceeded in any given 

year or which, on the average, will be equalled or exceeded once every 100 years. 

6


FLOOD PLAIN: 

Any land within the 100-year flood level susceptible to being inundated by water as a result of a flood. 

FLOOD PLAIN MANAGEMENT: 

An overall program or corrective and preventive measures for reducing flood damages and promoting the 

wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, 

floodproofing and flood plain management regulations. 

FLOODPROOFING: 

Any combination of structural and nonstructural additions, changes, or adjustments to structures, including 

utility and sanitary facilities, which would preclude the entry of water. Structural components shall have 

the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. 

FLOODWAY: 

The channel of a river or stream and those portions of the flood plains adjoining the channel, which are 

reasonably required to carry and discharge flood water or flood flows so that confinement of flood flows to 

the floodway area will not cumulatively increase the water surface elevation of the base flood by more than 

one (1) foot. 

FLOODWAY FRINGE: 

Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise 

obstructed without causing substantially higher flood levels or flow velocities. 

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. 

FULL-TIME FARM EMPLOYEE: 

One who receives more than eighty percent (80%) of the family income for services and work performed 

on the farm which the employee and/or his family reside. 

GARAGE, PRIVATE: 

An accessory building, or portion of the principal building, in which one (1) or more motor vehicles are 

housed by the family and/or families resident upon the premises. 

GARAGE, PUBLIC: 

Any building or premises, except those used as private or storage garages, used for equipping, refueling, 

servicing, repairing, hiring, selling, or storing motor-driven vehicles. 

GARAGE, STORAGE: 

Any building or premises used for housing only of motor-driven 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. 

GAS STATION: 

(See "Automobile Service Station") 

GRADE: 

For buildings having walls adjoining one (1) street only, the elevation of the regularly established sidewalk 

grade at the center of the wall adjoining the street. 

For buildings having walls adjoining more than one (1) street, the average of the elevation of the regularly 

established sidewalk grades at the center of all walls adjoining the streets. 

For buildings having no wall adjoining the street, the average level of the finished surface of the ground 

adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) 

feet from a street line is considered as adjoining the street. 

7


HABITABLE FLOOR: 

Any floor used for living, which includes working, eating, sleeping, cooking or recreation or combination 

thereof. A floor used only for storage purposes is not a "habitable floor." 

HALF-STORY: 

A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not 

exceed two-thirds of the floor area of the floor immediately below it. 

HEALTH CARE: 

Convalescent Home or Care Center: A building or structure containing sleeping rooms where persons are 

housed or lodged and are furnished with meals and nursing care for hire. 

Developmental Disability or Developmentally Disabled: A disability of a person which has continued or 

can be expected to continue indefinitely and which is one of the following: (1) Attributable to mental 

retardation, cerebral palsy, epilepsy, or autism; (2) Attributable to any other condition found to be closely 

related to mental retardation because the condition results in impairment of general intellectual functioning 

or adaptive behavior similar to that of mentally retarded persons or requires treatment and services similar 

to those required for the persons; (3) Attributable to dyslexia resulting from a disability described in either 

subparagraph 1 or 2; or (4) Attributable to a mental or nervous disorder. 

Family Home: A community-based residential home which is licensed as a residential care facility under 

Chapter 135C (Code of Iowa) or as a child foster care facility under Chapter 237 (Code of Iowa) to provide 

room and board, personal care, habilitation services, and supervision in a family environment exclusively 

for not more than eight developmentally disabled persons and any necessary support personnel. 

However, family home does not mean an individual foster family home licensed under Chapter 237 (Code 

of Iowa). 

Group Home: (See "Family Home") 

Sanitarium: A private hospital or inpatient/outpatient care facility. 

HISTORIC STRUCTURE: 

Any structure that is: (1) Listed individually in the National Register of Historic Places, maintained by the 

Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the 

requirements for individual listing of the National Register; (2) Certified or preliminarily determined by the 

Secretary of the Interior as contributing to the historical significance of a registered historic district or a 

district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually 

listed on a state inventory of historic places in states with historic preservation programs which have been 

approved by the Secretary of the Interior; or, (4) Individually listed on a local inventory of histories places 

in communities with historic preservation programs that have been certified by either an approved state 

program as determined by the Secretary of the Interior or Directly by the Secretary of the Interior in states 

without approved programs. 

HOME OCCUPATION: 

An incidental and secondary use of a dwelling or accessory structure involving any occupation or 

profession for financial gain, conducted solely by resident occupants and, to the extent it is conducted on 

the premises, conducted entirely within their dwelling or accessory structure. 

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 or lodging house. 

INOPERABLE VEHICLE: 

Shall mean any motor vehicle which lacks a current registration or two (2) or more wheels or any other 

component parts, the absence of which renders the vehicle illegal for use on highways. 

8


JUNK: 

Shall mean all scrap copper, grass, lead, or any other nonferrous metal; rope, rags, batteries, paper, 

trash, rubber debris, waste; dismantled or inoperable vehicles, machinery and appliances or parts of such 

vehicles, machinery or appliances; iron, steel, or other scrap ferrous material; discarded glass, tinware, 

plastic, or discarded household goods or hardware; used lumber, salvaged wood or other building 

materials, scrap contractor's equipment, or any other kind of scrap or waste material. 

JUNK YARD: 

Any place not fully enclosed in a building and which encompasses an area of 200 square feet or more, 

used in whole or in part for the storage, salvage or deposit of junk or used lumber whether in connection 

with a business or not, or any place where more than two (2) inoperable motor vehicles, or used parts and 

materials thereof which exceed 240 cubic feet, are stored or deposited. For other purposes of this 

Ordinance, junk yard shall include salvage yard, wrecking yard, used lumber yard and places for storage 

of salvaged wood. 

KENNEL: 

The keeping of four (4) or more dogs or small animals whose ages are six (6) months or older for any 

purpose. 

KITCHEN: 

Any room or portion of a building used, intended or designed to be used for cooking and other preparation 

of food, including any room having a sink and provisions for either a gas or electric stove. 

LAGOON: 

Facultative: In wastewater treatment, a shallow artificial pond where sunlight, bacterial action and oxygen 

interact to restore wastewater to a standardized state of purity. 

Storage: In confinement/feedlot operations, an earthen basin used solely for the storage of organic waste. 

Anaerobic: In confinement/feedlot operations, an impoundment, the primary function of which is to store 

and stabilize organic waste. The impoundment is designed to receive wastes on a regular basis and the 

design waste loading rates are such that the predominant biological activity in the impoundment will be 

anaerobic. 

LIVESTOCK: 

Cattle, sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as 

food or food products for human consumption. 

LOADING SPACE: 

Any off-street space or berth on the same lot with a building or contiguous to a group of buildings for the 

temporary parking (less than twenty-four [24] hours) of a commercial vehicle while loading or unloading 

merchandise or materials. 

LOT: 

A parcel of land or two (2) or more contiguous parcels to be used as a unit under the provisions of this 

Ordinance, and having its principal frontage on a dedicated street and may consist of any one of the 

following: (1) A combination of complete lots of record, of complete lots of record and portions of lots of 

record, or of portions of lots of record; (2) A parcel of land described by metes and bounds; described by 

bearings, curves and distances; or described by sections and/or parts of a section. However, in no case 

of division or combination shall any residential lot or parcel be created which does not meet the 

requirement of this Ordinance; or (3) A single lot of record. 

9


LOT LINES: 

Front: The front property line of a lot shall be determined as follows: The front property line of a corner lot 

shall be the shorter of the two (2) lines adjacent to the streets as platted, subdivided or laid out. Where 

the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing 

custom of other buildings in the block. If such front is not evident, then either may be considered the front 

of the lot, but not both. 

Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage. 

Through Lot: The front property line of a through lot shall be that line which obviously is the front by 

reason of the prevailing custom of other buildings in the block. Where such front property line is not 

obviously evident, the Board of Adjustment shall determine the front property line. Such a lot over three 

hundred (300) feet deep shall be considered for the purpose of this definition, as two (2) lots each with its 

own frontage. 

Lake Lot: The front property line of a lake lot shall be the line bounding the street frontage. 

Rear: The rear property line of a lot is that lot line opposite the front property line. Where the side 

property lines of a lot meet in a point, the rear property line shall be assured to be a line not less than ten 

(10) feet long lying within the lot and parallel to the front property line. If the front property line is a curved 

line, then the rear property line shall be assumed to be a line not less than ten (10) feet long lying within 

the lot and parallel to a line tangent to the front property line at its midpoint. 

Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a 

lot. 

LOT MEASUREMENTS: 

Area: The gross area exclusive of streets or other public right-of-way within the boundary lines of a lot. 

Depth: The mean horizontal distance between the front and rear lot lines as measured perpendicular to 

the midpoint of the main front lot line. In the case of an interior triangular or gore-shaped lot, the depth 

shall be the horizontal distance between the midpoints of the front and rear lot lines. 

Width: The horizontal distance between the side lot lines as measured perpendicular to the line 

representing the lot depth at its point of intersection with the required minimum front setback. Where the 

lot is decreasing from front to rear, the horizontal distance between the side lot lines as described above, 

shall be measured at its point of intersection with the required minimum rear setback. 

LOTS OF RECORD: 

A lot or parcel of land, the deed of which has been recorded in Cerro Gordo County, Iowa. 

LOT TYPES: 

Corner Lot: A lot located at the intersection of two (2) or more streets and having the street right-of-way 

abut the front and one (1) or more side lines of the lot. 

Double Frontage Lot: A lot other than a corner lot with frontages on more than one (1) street or public 

thoroughfare which do not intersect one another. 

Interior Lot: A lot other than a corner lot having frontage on one (1) street or public thoroughfare. 

Key Lot: An interior lot, one side of which is contiguous to the rear line of a corner lot. 

Lake Lot: A lot having the rear line abut the lake shore. 

LOWEST FLOOR: 

The floor of the lowest enclosed area intended for habitation in a building including a basement except 

when all the following criteria are met: (1) The enclosed area is designed to flood to equalize hydrostatic 

pressure during floods with walls or openings that satisfy the provisions of Article 21.5-B3: (2) The 

enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses 

such as building access, parking or storage; (3) Machinery and service facilities (e.g., hot water heater, 

furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the 100- 

year flood level; and (4) The enclosed area is not a "basement" as defined in this Ordinance. 

In cases where the lowest enclosed area satisfies criteria 1, 2, 3 and 4 above, the lowest floor is the floor 

of the next highest enclosed area that does not satisfy the criteria above. 

LUMBER YARD: 

A premises on which new lumber and related new building materials are sold. 

10


MAN-MADE: 

Anything manufactured, created or constructed by man. 

MINERAL EXTRACTION: 

Mineral extraction means the extraction of coal, gypsum, clay, stone, sand, gravel or other ores or mineral 

solids for sale, borrow or for processing or consumption in the regular operation of a business by 

removing any earth overburden lying above natural deposits thereof and mining directly from the natural 

deposits thereby exposed, or by mining directly from deposits lying exposed in their natural state. 

Removal of overburden and mining of limited amounts of any ores or mineral solids shall not be 

considered surface mining when done only for the purpose and to the extent necessary to determine the 

location, quantity, or quality of any natural deposit, so long as no ores or mineral solids removed during 

exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a 

business or agency. 

MOBILE HOME: 

Any factory built structure without motive power so manufactured or constructed as to permit it being used 

as a conveyance upon the public streets and highways. 

MOBILE HOME PARK: 

Any site, lot, field or tract of land upon which two (2) or more occupied mobile homes are harbored for use 

as single-family detached one-story residences, either free of charge or for revenue purposes. 

MODULE: 

Popularly called a building block or stack box. It is a self-contained house section built on an assembly 

line. Two (2) or more sections joined on a foundation form a modular building. 

MOTEL, AUTO COURT: 

A building or group of attached or detached buildings containing individual sleeping or living units for 

overnight auto tourists with garage attached or parking facilities conveniently located to each unit. 

NEW CONSTRUCTION (NEW BUILDINGS, NEW FACTORY-BUILT HOME PARKS): 

Those structures or development for which the start of construction commenced on or after the effective 

date of this ordinance. For the purpose of flood plain management regulations, “New Construction” shall 

be defined as those structures for which the start of construction commenced on or after the effective date 

of the Flood Insurance Rate Map. 

NEW FACTORY-BUILT HOME PARK OR SUBDIVISION: 

A factory-built home park or subdivision for which the construction of facilities for servicing the lots on 

which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the 

construction of streets, and either final site grading or the pouring of concrete pads) is completed on or 

after the effective date of this ordinance or flood plain management regulations adopted by the County. 

NONCONFORMING USE: 

The lawful use of any building or land that was established prior to or at the time of passage of this 

ordinance, or amendments thereto, which does not conform to the regulations or requirements of the 

zoning district in which it is located. 

NURSERY: 

An area where trees, shrubs or plants are grown for transplanting. 

OUTDOOR ADVERTISING DEVICE: 

Any structure or portion of a building used for the display of advertising. 

PARKING AREA OR LOT: 

An open area which is used for the temporary parking of more than four (4) motor vehicles and is 

available for public use. 

11


PARKING SPACE - MOTOR VEHICLE: 

An area other than a street or alley reserved for the parking of a motor vehicle--such space having a 

dimension not less than ten (10) feet by twenty (20) feet, plus such additional area as is necessary to 

afford adequate ingress-egress. Where four (4) or more motor vehicle parking spaces are to be grouped 

as a common facility meeting a requirement of this Ordinance, the individual spaces, plus the area 

necessary for driveways, shall total not less than 315 square feet per vehicle space. 

PLANNED AREA DEVELOPMENT: 

A tract of land which contains or will contain development which is controlled or owned by a single person 

or group. The development of which tends to be more innovative approach to the development of land by 

flexibility and design, placement of buildings and use of open spaces, which at the same time retaining 

substantially the same use of open spaces, and retaining substantially the same population density and 

area coverage permitted in the district in which the project is located. 

PREMISES: 

A lot or tract of land and any structure located thereon. 

PRINCIPAL USE: 

The main use of land or structures as distinguished from an accessory use. 

PUBLIC NOTICE: 

Publication of the time and place of a public hearing as provided in Chapter 358A of the Code of Iowa, or 

its successor provisions. 

RECREATIONAL VEHICLE: 

A vehicle which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when 

measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable 

by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as a temporary 

living quarters for recreational, camping, travel, or seasonal use. 

See also “Travel Trailer” 

RESIDENTIAL PURPOSES: 

The intent to use and/or the use of a room or group of rooms for the living, sleeping and housekeeping 

activities for persons on a permanent or semi-permanent basis of an intended tenure of more than 

fourteen (14) days. 

RESTAURANT: 

An establishment other than a boarding house where meals which are prepared therein may be secured 

by the public. 

RIGHT-OF-WAY: 

A tract or strip of land which has been dedicated to the County of Cerro Gordo, State of Iowa, or the 

United States, and is to be used by the public for circulation and services. 

SANITARY LANDFILL: 

A sanitary disposal project where solid waste is buried between layers of earth. 

SECTIONAL: 

A house built in halves in a factory and erected on a foundation, usually as a one-story single-family unit. 

SEWAGE TREATMENT FACILITY: 

Man-made devices installed for the purpose of treating, stabilizing, storing or disposing of sewage, 

industrial waste or other wastes or a commercial composting operation. 

12


SHOPPING CENTER: 

A group of commercial establishments planned, constructed and managed as a total entity with customer 

and employee parking provided on site, provision for goods delivery separated from customer access, 

aesthetic considerations and protection from the elements. 

SOLID WASTE: 

Garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited 

to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste 

does not include hazardous waste as defined in Section 455B of the Code of Iowa or source, special 

nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 

1979. 

SPECIAL EXCEPTION: 

(See "Special Use") 

SPECIAL FLOOD HAZARD AREA: 

The land within a community subject to a one (1) percent or greater chance of flooding in any given year. 

This land is identified as Zone A on the Flood Hazard Boundary Map. 

SPECIAL USE: 

A permit issued identifying specific conditions, limitations or restrictions, and which is subject to review or 

cancellation by the issuing department. 

SPECIAL USE PERMIT: 

A permit issued for the location of a special use which sets forth specified conditions and safeguards. 

STABLE, PRIVATE: 

A building or structure used or intended to be used for housing horses belonging to the owner of the 

property only for non-commercial purposes. 

STABLE, PUBLIC AND RIDING ACADEMY: 

A building or structure used or intended to be used for the housing only of horses on a fee basis. Riding 

instruction may be given in connection with a public stable or riding academy. 

STABLE, RIDING CLUB: 

A building or structure used or intended to be used for the housing only of horses by a group of persons 

for non-commercial purposes. 

START OF CONSTRUCTION: 

Includes substantial improvement, and means the date the development permit was issued, provided the 

actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other 

improvement, was within 120 days of the permit date. The actual start means either the first placement or 

permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of 

piles, the construction of columns, or any work beyond the state of excavation; or the placement of a 

factory-built home on a foundation. Permanent construction does not include land preparation, such as 

clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it 

include excavation for a basement, footings, piers, or foundations or the erection of temporary forms. For 

a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, 

floor, or other structural part of the building, whether or not that alteration affects the external dimensions 

of the building. 

STORY: 

That portion of a building included 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 or roof next above it. 

13


STREET OR ROAD LINE: 

A dividing line between a lot, tract or parcel of land and a contiguous street or road. 

STREET, PRIVATE: 

A non-dedicated, non-public passageway 20 feet or more in width which affords a principal means of 

access to abutting property. 

STREET OR ROAD, PUBLIC: 

Any thoroughfare or public way which has been dedicated to the public or deeded to the County and 

accepted for street or road purposes. 

STRUCTURAL ALTERATIONS: 

Any replacement or changes in the type of construction or in the supporting members of a building, such 

as bearing walls or partitions, columns, beams or girders beyond ordinary repairs and maintenance. 

STRUCTURE: 

Anything constructed or erected with a rigid or fixed location on the ground, or attached to something 

having a permanent location on the ground, including buildings, walls, fences, decks, signs, light 

standards, towers, tanks and billboards. 

SUBDIVISION: 

A division of a lot, tract or parcel of land into three (3) or more lots, plats, or sites for the purpose, whether 

immediate or future, of sale, lease, conveyance or transfer with the appurtenant streets, alleys and 

easements, dedicated or intended to be dedicated to public use or for the use of purchasers or owners 

within the tract subdivided. If a new street is involved, any division of a parcel of land or the division into 

two (2) or more parts of any residential lot shall also be deemed a subdivision. Each residential lot shall 

also be deemed a subdivision. Each subdivision shall comply with the provisions of the Cerro Gordo 

County Subdivision Ordinance. 

SUBSTANTIAL DAMAGE: 

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before 

damage condition would equal or exceed fifty (50) percent of the market value of the structure before the 

damage occurred. 

SUBSTANTIAL IMPROVEMENT: 

Any improvement to a structure which satisfies either of the following criteria: (1) Any repair, 

reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the 

market value of the structure either before the improvement or repair is started, or if the structure has 

been damaged and is being restored, before the damage occurred. For the purposes of this definition 

"substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other 

structural part of the building commences whether or not that alteration affects the external dimensions of 

the structure. The term does not, however, include any project for improvement of a structure to comply 

with existing State or Local Health, Sanitary, Building, or Safety Codes or Regulations as well as 

structures listed on National or State Registers of Historic Places; (2) Any addition which increases the 

original floor area of a building by twenty-five (25) percent or more. All additions constructed after March 

13, 1990, shall be added to any proposed addition in determining whether the total increase in original 

floor space would exceed 25 percent. 

TOURIST COTTAGE: 

A single family dwelling used as one of the units of a tourist park. 

TOURIST HOME: 

A residential building in which rooms are available for rental purposes as overnight sleeping 

accommodations primarily for travelers. 

14


TOURIST PARK: 

Any lot or plot of real property upon which three (3) or more single family camp cottages, or two (2) or 

more travel trailers or tents, or any combination of tourist cottages or tourist home or travel trailers and/or 

tents are located and maintained for the accommodation of transients. 

TRAILER: 

A vehicle without motive power designed for carrying persons or property on its own structural frame and 

which is designed to be drawn by a motor vehicle. For the purposes of this ordinance, the terms "trailer", 

"travel trailer", and "mobile home", which are each separately defined terms within this Article, are mutually 

exclusive terms. 

TRAILER CAMP: 

(See "Travel Trailer Park") 

TRAILER, HOUSE: 

(See "Mobile Home") 

TRAILER PARK: 

(See "Travel Trailer Park") 

TRAVEL TRAILER: 

A vehicle without motive power, designed for human habitation on a temporary basis, such vehicle shall 

not exceed eight (8) feet in width, and shall not exceed thirty-two (32) feet in length exclusive of separate 

tow unit. Such vehicles shall be customarily and ordinarily used for vacation or recreational purposes and 

not used as a place of permanent habitation. For the purposes of this ordinance, the terms "travel trailer," 

"trailer," and "mobile home," which are separately defined terms within this Article, are mutually exclusive 

terms. 

TRAVEL TRAILER PARK: 

Any lot, tract or parcel of land licensed and used or offered for use, in whole or in part, with or without 

charge, for the parking of occupied travel trailers, pickup campers, converted buses, motor homes, tent 

trailers, tents or similar devices used for temporary portable housing. 

TRUCK STOP: 

An area of not less than five (5) acres in which service stations, hotels and/or motels and restaurants are 

permitted uses. Also permitted are customary uses incidental to the permitted uses. Customary facilities 

and services in conjunction with the permitted uses may be provided for trucks and truck drivers at Truck 

Stops. 

USE: 

The specific purpose for which land, a structure or premises is designed, arranged, intended, or for which 

it is or may be occupied or maintained. 

VARIANCE: 

A device which grants a property owner relief from certain provisions of a zoning ordinance when, 

because of unusual topography or other extenuating circumstances, compliance would result in a 

particular hardship upon the owner. 

VEHICLE: 

A conveyance, either with or without motive power, in or on which persons and/or goods are transported 

on the surface of the ground, including automobiles, motor homes, motor trucks, motor house, travel 

trailers, tractors, earth moving equipment and other such conveyances. 

15


VIOLATION: 

The failure of a structure or other development to be fully compliant with the provisions of this Ordinance. 

For the purposes of flood plain management, a structure or other development without the elevation 

certificate, other certifications, or other evidence of compliance required by this ordinance is presumed to 

be in violation until such time as that documentation is provided 

WASTE STABILIZATION LAGOON: 

(See "Lagoon") 

WHOLESALE: 

The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate consumer. 

WIND ENERGY SYSTEM: 

A wind-to-energy conversion system that is incidental, subordinate, and accessory to the principal use of 

the lot or parcel or designed to service electrical load on an adjacent parcel, consisting of but not limited to 

a wind turbine, tower, blades, supports and guy wires and anchors, and associated control or conversion 

electronics; which is intended to primarily serve on-site electrical power load. 

YARD: 

An open space on the same lot with a building or building group lying between the front, rear, or side wall 

of a building and the nearest lot line, unoccupied except for projections and the specific minor uses or 

structures allowed in such open space under the provisions of the zoning ordinance. 

YARD, FRONT: 

A yard extending across the full width of the lot and measured between the front lot line and the building or 

any projection thereof other than the projection of the usual steps. In measuring a yard for the purpose of 

determining the depth of a front yard, the least distance between the lot line and the main building shall be 

used. On corner lots, the front yard shall be considered as the yard adjacent to the street upon which the 

lot has its least dimension. 

YARD, REAR: 

A yard extending across the full width of the lot and measured between the rear lot line and the building or 

any projections other than steps. On both corner lots and interior lots, and opposite end of the lot from the 

front yard. In measuring a yard for the purpose of determining the depth of the rear yard, the least 

distance between the lot line and the main building shall be used. 

YARD, SIDE: 

A yard extending from the front yard to the rear yard and measured between the side lot lines and the 

nearest building. 

ZONING ADMINISTRATOR: 

The administrative officer designated or appointed by the Board of Supervisors to administer and enforce 

the regulations contained in this Ordinance. 

ZONING COMMISSION: 

The Cerro Gordo County Zoning Commission. A commission appointed by the Cerro Gordo County 

Board of Supervisors, a majority of whose members shall reside within the county but outside the 

corporate limits of any city, to be known as the County Zoning Commission, to recommend the boundaries 

of the various original districts, and appropriate regulations and restrictions to be enforced therein. Such 

Commission shall, with due diligence, prepare a preliminary report and hold public hearings thereon 

before submitting its final report, and the Board of Supervisors shall not hold its public hearing or take 

action until it has received the final report of such Commission. After the adoption of such regulations, 

restrictions, and boundaries of the districts, the Zoning Commission may, from time to time, recommend 

to the Board of Supervisors amendments, supplements, changes or modifications. The Zoning 

Commission, with the approval of the Board of Supervisors, may contract with professional consultants, 

regional planning commission, the Iowa Department of Economic Development, or the Federal 

16


Government, for local planning assistance. 

ZONING DISTRICT: 

(See "District") 

ZONING PERMIT: 

Written statement issued by Cerro Gordo County authorizing the construction and use of land, buildings, 

or structures, consistent with the terms of the Cerro Gordo County Zoning Ordinance. 

17

DISTRICTS, BOUNDARIES & INTERPRETATION Art. 5 

ARTICLE 5: 

DISTRICTS, BOUNDARIES THEREOF, AND INTERPRETATION OF BOUNDARIES 

5.1 DISTRICTS 

For the purpose of this Ordinance, the unincorporated territory of Cerro Gordo County, Iowa, is hereby 

divided into the following districts: 

A-1 Agricultural District 

A-2 Agricultural Residence District 

R-1 Single Family Residential District 



R-4 Multi Family Residential District 

C-1 Local Commercial District 

C-2 General Commercial District 

C-3 Planned Shopping Center District 

M-1 Light Industrial District 

M-2 Heavy Industrial District 

P.A.D. 

Planned Area Development District 

F.P.D. 

Flood Plain District 

5.2 ZONING MAP 

The boundaries of these districts are hereby established as shown on the "Official Zoning Map" of the 

unincorporated area of Cerro Gordo County, Iowa, which maps are hereby made a part of this Ordinance. 

The said "Official Zoning Map," and all notations and references and other matters shown thereon, shall 

be and are hereby made a part of this Ordinance. 

The "Official Zoning Map" shall be filed in the office of the Cerro Gordo County Zoning Administrator in the 

Cerro Gordo County Courthouse. 

5.3 VACATED STREETS 

Whenever any street, road, alley or other public way is vacated by official action as provided by law, the 

Zoning Districts adjoining the side of such public way shall be automatically extended depending on the 

side or sides to which such lands revert to include the right-of-way of the public way thus vacated which 

shall thenceforth be subject to all regulations of the extended district or districts. 

5.4 INTERPRETATION OF DISTRICT BOUNDARIES 

A. Boundaries indicated as approximately following the center lines of streets, highways or alley shall be 

construed to follow such center lines. Where a public right-of-way divides two (2) different Zoning 

Districts, the Zoning District boundary line shall be construed to follow the center line of said public 

right-of-way. 

B. Boundaries indicated as approximately following platted lot lines shall be construed as following such 

lot lines. 

C. Boundaries indicated as approximately following city limits shall be construed as following city limits. 

D. Boundaries indicated as following railroad lines shall be construed as to be midway between the main 

tracks. 

E. Boundaries indicated as following shore lines, shall be construed to follow such shore lines and in the 

event of change in the shore line shall be construed as moving with the actual shore line; boundaries 

indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies 

18


of water shall be construed to follow such center lines. 

F. Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E 

above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be 

determined by the scale of the map. 

G. Where physical or cultural features existing on the ground are at variance with those shown on the 

Official Zoning Map, or in other circumstances not covered by Subsections A through F above, the 

Board of Adjustment shall interpret the district boundaries. 

5.5 OVERLAY DISTRICTS IN GENERAL 

PURPOSE AND INTENT 

Overlay districts, as presented in this Article, are created for the purpose of imposing special regulations in 

given designated areas of the County to accomplish stated purposes that are set forth for each overlay 

district. Overlay districts shall be in addition to, and shall overlap and overlay, all other zoning districts 

within which lands placed in each district also lie, so that any parcel of land lying in an overlay district shall 

also lie in one or more of the other zoning districts provided for by this Ordinance. 

ESTABLISHMENT 

In general, overlay districts and amendments thereto shall be established in the same manner and by the 

same procedures set forth in Article 26 for other zoning districts provided for by this Ordinance, unless 

such procedures are qualified by the provisions of a particular overlay district as set forth herein. 

5.6 ENVIRONMENTAL RESOURCES OVERLAY DISTRICT (EROD) 

A. Purpose and Intent 

The Environmental Resources Overlay District (EROD) has been established to protect areas of special 

natural environmental significance or sensitivity within the Clear Lake watershed. The purpose of the 

EROD District is to: 

1. Acknowledge the importance of Clear Lake as a natural resource and continue to strive for the 

preservation and conservation of this resource. 

2. Identify the lands lying within the Clear Lake watershed and beyond which could have influencing 

affects on Clear Lake's water quality. 

3. Encourage the preservation and protection of soil and water resources for future generations 

through an integrated effort utilizing proper land use planning, educational awareness nd 

promotion of environmental issues. 

4. Create clearly understandable and enforceable regulations for a specially defined district of the 

County. 

B. EROD Boundary 

The Environmental Resources Overlay District (EROD) shall encompass the land as indicated on the 

Official Zoning Map of Cerro Gordo County located in the Planning and Zoning Office at the Cerro Gordo 

County Courthouse, and is generally described as all land within the Clear Lake watershed, except those 

areas located within the corporate limits of the cities of Clear Lake and Ventura and except those areas 

located within the Clear Lake Sanitary District. 

19


C. EROD Regulations 

1. Any development requiring issuance of a building permit within the Environmental Resources 

Overlay District (EROD), shall not be issued for any building or structure utilizing a private waste 

water disposal system employing sub-surface soil absorption facilities where the lot area is less 

than ten (10) acres in size. 

a. When constructing multiple dwelling units, an allocation of a minimum of ten (10) acres of 

land shall be provided for each dwelling unit, with said units located on a contiguous tract of 

land. 

b. When constructing a commercial or industrial use, additional land standards in excess of the 

ten (10) acre minimum lot area requirement may be imposed upon said use based upon the 

anticipated sewage discharge associated with said business. 

2. Any proposed private collection system within the EROD must first receive written approval of the 

Board of Trustees, Clear Lake Sanitary District, prior to making application to the Cerro Gordo 

County Board of Health for issuance of an on-site waste water treatment and disposal system 

permit. 

3. So long as the property continues to utilize a private waste water disposal system employing subsurface 

soil absorption facilities, the required area shall not be reduced in size or dimension so as 

to make said area less than the minimum required by this Article. 

4. To the extent that any portion of the on-site waste water treatment and disposal ordinance of 

Cerro Gordo County is less stringent or restrictive than any standard specification requirement or 

ordinances of the Clear Lake Sanitary District then, within the EROD boundaries, the standards, 

specifications, requirements and ordinances of the Clear Lake Sanitary District shall apply. 

D. Variance and Appeals 

The Board of Adjustment may grant a variance from any standards or requirements imposed by this 

Article, including any decision by the Clear Lake Sanitary District to deny approval of an on-site waste 

water treatment and disposal system as provided for under Article 24 of this Ordinance. 

5.7 AIRPORT ZONING ORDINANCE 

A. Short Title 

This ordinance shall be known and may be cited as “The Mason City Municipal Airport Zoning Ordinance” 

or “The Airport Zoning Ordinance.” 

B. Definitions 

For the purposes of this ordinance, the following definitions shall apply unless the context requires 

otherwise. In each case, the singular shall include the plural and the plural shall include the singular. 

AIRCRAFT: Any contrivance used or designed for carrying humans in flight through the air, but not 

including parachutes. 

AERIAL NAVIGATION: The movement of an aircraft through the air. 

AIRPORT: The Mason City Municipal Airport. 

AIRPORT COMMISSION: The Mason City Airport Commission or its duly appointed representative. 

AIRPORT ELEVATION: 1213 feet above mean sa level (MSL). 

AIRPORT HAZARD: Any structure or tree or use of land which would exceed the Federal obstruction 

standards as contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise hazardous to the 

landing or take-off of any aircraft at the Airport, or hazrdous to persons or property on the ground. 

AIRPORT HAZARD AREA: Any area of land or water upon which an airport hazard might be established 

if not prevented as provided by this ordinance. 

BUILDING OFFICIAL: The Building Official of Mason City, Iowa, or the Building Official of Clear Lake, 

Iowa, or a duly authorized designee thereof. 

CITY: The City of Mason City, Iowa, and/or the City of Clear Lake, Iowa. 

20


COUNTY: Cerro Gordo County, Iowa. 

FEDERAL AVIATION ADMINISTRATION (FAA): An agency of the United States government that 

administers the federal regulations that relate to the use and flight of aircraft, and related regulations. The 

location of the controlling FAA office may be found in Appexdix I of this ordinance. 

INNER EDGE: That edge of any zone that is closest to the runway end to which the zone applies. The 

inner edge is perpendicular to the runway centerline. 

JURISDICTION: The City of Mason City, Iowa, and/or the City of Clear Lake, Iowa, and/or Cerro Gordo 

County, Iowa. 

NON-COMPATIBLE USE: Any activity that would degrade the safety of people on the ground, or 

occupants of aircraft in flight, including but not limited to: putrescible waste landfills, smoke or steam 

producing activities, any activity that would produce electrical or radio signal interference not compatible 

with safe operation of an aircraft, and those that lead to an assembly of people, including, but not limited 

to: residences, churches, schools, hospitals, office buildings, shopping centers, and other uses with 

similar concentrations of persons. 

NON-CONFORMING STRUCTURE: Any structure or portion of any structure that is located within or 

underlying any of the zones created by this ordinance and that does not conform to the height and use 

provisions of this ordinance. 

OBSTRUCTION: Any structure or tree, the height of which exceeds that which is allowed by this 

ordinance. 

PERSON: Any individual, firm, co-partnership, corporation, company, association, joint stock association, 

or body politic, and includes any trustee, assignee or other similar representative thereof. 

RUNWAY THRESHOLD: A designated point on any Airport runway that establishes the end of the 

runway. The Runway Threshold may or may not correspond with the end of the paved portion of the 

runway. 

STRUCTURE: Any object, whether permanent or temporary, stationary or mobile, constructed or installed 

by humans, including but not limited to: buildings, towers, smokestacks, scaffolds, lighting fixtures, public 

and private roads, railways, and overhead transmission lines, including poles or other structures 

supporting the same. 

TREE: Any object of natural growth 20 feet in height of greater, or that may be expected to grow to a 

height of 20 feet or greater. 

ZONING ADMINISTRATOR: The Zoning Administrator of Cerro Gordo County, Iowa, or a duly authorized 

designee thereof. 

C. Airport Zones 

In order to carry out the provisions of this section there are hereby created and established certain zones 

which are described herein and depicted on the Mason City Airport Zoning Map, which is hereby made a 

part of this ordinance. Any structure or tree located in more than one zone is considered to be only in the 

zone with the more restrictive height and use limitation. The various zones hereby established and 

defined are as follows: 

1. Approach Overlay Zone – (AO) Defined. The airspace above a sloping plane extending outward 

from each end of each runway, rising uniformly at a fixed ratio, and of fixed size, through which 

aircraft commonly operate when arriving at, and departing from, the Airport. AO zones vary in 

size and slope based upon the present or future use that can be expected for each Airport 

runway. The AO Zones at the Airport are as follows: 

a. Runway 36 (AO36) – Beginning 200 feet beyond the paved portion at the end of the runway 

and centered on the extended centerline of the runway, the inner edge of the zone is 1,000 

feet wide, expanding uniformly to an outer edge width of 16,000 feet. The altitude of the inner 

edge is the same as the altitude of the runway threshold at the centerline. For each 50 feet of 

horizontal distance the floor of the zone rises from the inner edge one foot (50:1) for a 

distance of 10,000 feet, and for an additional 40,000 feet, for each 40 feet of horizontal 

distance, rusing at a rate of one foot (40:1). 

b. Runway 18 (AO18) – Beginning 200 feet beyond the paved portion at the end of the runway 

and centered on the extended centerline of the runway, the inner edge of the zone is 1,000 


21


edge is the same as the altitude of the runway threshold at the centerline. For each 50 feet of 

horizontal distance the floor of the zone rises from the inner edge one foot (50:1) for a 

distance of 10,000 feet, and for an additional 40,000 feet, for each 40 feet of horizontal 

distance, rising at a rate of one foot (40:1). 

c. Runway 30 (AO30) – Beginning 200 feet beyond the paved portion at each end of the runway 

and centered on the extended centerline of the runway, the inner edge of each zone is 500 


edge is the same as the altitude of the runway threshold at the centerline. The floor of the 

zone rises from the inner edge one foot for each 34 feet or horizontal distance (34:1), for a 

distance of 10,000 feet. 

d. Runway 12 (AO12) – Beginning 200 feet beyond the paved portion at each end of the runway 

and centered on the extended centerline of the runway, the inner edge of each zone is 500 


edge is the same as the altitude of the runway threshold at the centerline. The floor of the 

zone rises from the inner edge one foot for each 34 feet of horizontal distance (34:1), for a 


e. Height Limitations: 

(1) Except as otherwise provided herein, no person shall construct or alter any structure, nor 

plant or grow any tree, so as to penetrate any Approach Overlay Zone created herein. 

(2) No person shall establish or maintain any private roadway in any location that would result 

in penetration of any AO zone by any portion of any vehicle that shall be permitted to 

operate upon such roadway. 

2. Controlled Activity Zone – (CA) Defined. An area of fixed size, underlying the innermost portion 

(closest to the runway end) of the AO zone for that runway, descending from the floor of the AO 

zone to the ground. The width and length of CA zones may vary, and may be different on each 

runway end. The CA zones for the Airport are as follows: 

a. Runway 36 (CA36) – Underlying the innermost 2,500 feet of the AI zone at the south end of 

the runway, the width of the CA zone is 1,000 feet at the inner edge and expands uniformly to 

a width of 1,750 feet. 

b. Runway 18 (CA18) – Underlying the innermost 2,500 feet of the AO zone at the south end of 

the runway, the width of the CA zone is 1,000 feet at the inner edge and expands uniformly to 

a width of 1,750 feet. 

c. Runway 30/12 (CA30, CA12) – Underlying the innermost 1,700 feet of the AO zone at the 

each end of the runway, the width of each CA zone is 1,000 feet at the inner edge, expanding 

uniformly to a width of 1,510 feet. 

d. Use Limitation: No person shall establish or maintain any non-compatible use in any 

Controlled Activity Zone. 

3. Horizontal Overlay Zone (HO) Defined. 

The airspace above a horizontal plane, the perimeter of 

which is established by swinging arcs of 10,000 foot radii from the center of the inner edge of the 

AO zones of runways 36, 18, and 30, and an arc of 5,000 foot radius from the center of the inner 

edge of the AO zone of runway 12, and connecting the adjacent arcs by lines tangent to those 

arcs. The floor of the HO zone is 150 FT above the Airport elevation, or 1363 feet above mean 

sea level. 

a. Height Limitation: Except as otherwise provided herein, no person shall construct or alter any 

structure, or plant or grow any tree, so as to penetrate the Horizontal Overlay zone created 

herein. 

4. Transitional Overlay Zone (TO) Defined. The airspace above a sloping plane rising from the sides 

of each runway and from the sides of each AO zone at the rate of 1 foot of elevation for each 7 

feet horizontally (7:1). The TO zones for the Airport are as follows: 

a. Runway 36 (TO36) – Along each side of the runway, beginning at a point 500 feet from the 

center line of the runway and at right angles to the runway center line, and from each side of 

the AO zone at the south end of the runway, at right angles to the extended runway center 

line. The TO zone is interrupted at the point where it intersects the HO zone, and resumes at 

the outer edge of the CO zone (see Section 5.7(C)(5) below) and continues outward for a 

distance of 5,000 feet from the edge of the AO zone. 

b. Runway 18 (TO18) – Along each side of the runway, beginning at a point 500 feet from the 

22


center line of the runway and at right angles to the runway center line, and from each side of 

the AO zone at the north end of the runway at right angles to the extended runway center line. 

The TO zone ends at the point where it intersects the HO zone. 

c. Runway 30/12 (TO30/12) – Along each side of the runway, beginning at a point 500 feet from 

the center line of the runway and at right angles to the runway center line, and from each side 

of the AO zone at each end of the runway at right angles to the extended runway center line. 

The TO zone ends at the point where it intersects the HO zone. 

d. Height Limitations: 

(1) Except as otherwise provided herein, no person shall construct or alter any structure, or 

plant ot grow any tree, so as to penetrate any Transitional Overlay zone created herein. 

(2) No person shall establish or maintain any private roadway in any location that would result 

in penetration of any Transitional Overlay zone by any portion of any vehicle that shall be 

permitted to operate upon such roadway. 

5. Conical Overlay Zone (CO) Defined. The airspace above a sloped horizontal plane beginning at 

the periphery of the HO zone and rising one foot in height for each 20 feet horizontally (20:1) for a 


a. Height Limitations: Except as otherwise provided herein, no person shall construct or alter 

any structure, or plant or grow any tree, so as to penetrate the Conical Overlay zone created 

herein. 

D. General Zoning Regulations 

1. Except as otherwise provided herein, no person shall construct or alter any structure in any zone 

created herein without having first obtained a building permit from the Building Official or a Zoning 

Permit from the Zoning Administrator. No person shall be issued a permit for any construction or 

alteration without a determination or finding from the FAA. (See Section F(2) below). Such 

finding or determination shall not find or determine that the proposed construction or alteration: 

a. Would create a hazard. 

b. Would establish a non-compatible use. 

c. Would endanger the general safety, health and welfare of persons in the vicinity of the Airport, 

or occupants of aircraft in flight. 

d. Would result in the raising of the minimum instrument flight altitude of any Federal Airway, 

approved off-airway route, or instrument approach procedure to the Airport. 

2. Except as otherwise provided herein, no person shall occupy any structure in any zone created 

herein without having first obtained an occupancy permit from the Building Official or Zoning 

Administrator. No person shall be issued an occupancy permit for any non-compatible use. 

3. No person shall establish or maintain any private roadway in any location that would result in 

penetration of any zone created herein by any portion of any vehicle that shall be permitted to 

operate upon such roadway. 

4. Notwithstanding any other provision of this ordinance, no person shall, in any zone created by this 

ordinance, or upon any land or water underlying such zones: 

a. Establish any putrescible waste landfill, or open air composting facility one (1) acre in size, or 

larger. 

b. Create, alter, or maintain any structure or use that would create a bird strike hazard. 

c. Create, alter, or maintain any structure or use in such a manner as to create electrical or radio 

interference with aviation navigational signals or aircraft communications. 

d. Install, align or use any lighting devices tht make it difficult for pilots to distinguish between 

airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility. 

e. Produce steam, smoke, or other visual hazard that would impair visibility. 

f. Create, alter, or maintain any structure or use that would endanger or interfere with landing, 

takeoff or maneuvering of any aircraft. 

g. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can be 

expected to grow into any zone created herein. 

E. Lighting and Marking 

23


1. Notwithstanding any other provision of this ordinance, any person constructing or altering any 

structure located in any zone created by this ordinance shall install all lighting or markings upon 

said structure as shall be recommended by the FAA as a part of its review of the applicant’s 

Notice of Proposed Construction or Alteration. Such lighting or markings shall be made in a 

manner consistent with FAA Regulations and Advisories. 

2. Any permit or variance granted under the provisions of the ordinance may be so conditioned so as 

to require the owner of the land, structure, or tree in question to permit the City or County, at its 

own expense, to install, operate, and maintain such lighting and/or markings as the City or County 

deems necessary to indicate to operators of aircraft the presence of an airport obstruction. 

F. Administrative Procedure 

1. The Building Official or Zoning Administrator shall perform the administration of these zoning 

regulations. 

2. Any person who proposes to construct or alter any structure in or underlying any of the zones 

created herein shall notify the Administrator, Federal Aviation Administration, by filing with the 

appropriate federal agency, an executed FAA form 7460-1, Notice of Proposed Construction or 

Alteration (See Appendix II). Such notice should be given sixty (60) days prior to, and shall be 

given no later than thirty (30) days prior to the earlier of the following dates: 

a. The date the proposed construction or alteration is to begin. 

b. The date an application for building permit or occupancy permit is to be filed. 

3. In the event of an emergency involving essential public services, public health, or public safety 

that requires immediate construction, the Building Official, or Zoning Administrator, may waive the 

30 day notice requirement, providing the applicant complies with the requirements of 14 CFR 

FAR, Part 77.17(d). 

4. Except as othwise provided herein, the Building Official or Zoning Administrator shall not issue 

any building permit or occupancy permit without first: 

a. Having received from the applicant a copy of the applicable FAA form 7460-1, as submitted 

under paragraph B. of this section, and the corresponding finding or determination from the 

FAA that the proposed construction or alteration complies with Section 5.7(D) of this 

ordinance. 

b. Having determined that the proposed use is not non-compatible, and is consistent with the 

zoning provisions contained herein. 

5. EXCEPTIONS: No FAA form 7460-1 is required to be submitted to the FAA or to the Building 

Official or Zoning Administrator for a building permit for construction or alteration of any structure 

which the Building Official or Zoning Administrator has determined that: 

a. The proposed structure meets the requirements for shielding. Each and all of the following 

requirements are required for a determination of shielding. 

(1) The property upon which the construction or alteration is proposed is located within the 

congested area of a city. 

(2) The proposed structure does not lie within any CA zone. 

(3) There exists a structure or structures of a permanent and substantial nature at least as 

tall and at least as wide as the proposed structure, and which lie(s) between the location 

of the proposed construction or alteration, and a point on the runway centerline at the 

threshold of the closest end of the closest runway of the Airport. 

(4) The shielding structure is within 500 feet of the structure that is proposed for construction 

or alteration. 

(5) It is evident beyond a reasonable doubt that the shielded structure will not adversely affect 

aerial navigation. 

b. The proposed structure is an antenna that is no greater than 20 feet in height, and does not 

increase the height of an existing antenna structure. 

c. The proposed structure is an airport, aerial navigation, or meteorological device, of a type 

approved by the FAA, the location and height of which is fixed by function. 

6. WAIVER: The Building Official or Zoning Administrator shall set aside the provision of Section 

5.7(F)(4)(a), above, when the following conditions have been met: 

a. The applicant has provided evidence that an applicable FAA form 7460-1 has been submitted 

in accordance with Paragraph B of this section, and that thirty (30) days or more have elapsed 

24


since submission. 

b. That the FAA has not issued a determination in response to the applicable FAA form 7460-1. 

c. The applicant agrees that should the subsequent FAA determination, when issued, find that 

the proposed construction or alteration constitutes a hazard, or otherwise fails to comply with 

Section 5.7(D) of this ordinance, that the construction or alteration shall be revised and/or 

reconstructed so as to alleviate the condition which the determination has found to be 

adverse. 

(1) The applicant further agrees that required revision and/or reconstruction shall be 

completed within 120 days of the issuance of the FAA determination. 

(2) The applicant further agrees that failure to revise or reconstruct as provided herein 

constitutes a nuisance, and is subject to abatement in accordance with applicable law. 

G. Non-Conformities 

1. The regulations prescribed herein are not retroactive and shall not be construed to require the 

removal of any tree, or the reconstruction or alteration, or the discontinuation of any use of any 

structure made non-conforming by the adoption of this ordinance. 

2. Nothing contained herein shall require any change in the construction or alteration, or the intended 

use of any structure, the construction or alteration of which was begun prior to the effective date of 

this ordinance, and which is completed within one year thereafter. 

3. No pre-existing non-conforming structure, use, or tree shall be rebuilt, altered, allowed to grow 

higher, or be replanted, so as to constitute a greater Airport hazard than it was at the time that 

these regulations were adopted. 

4. Whenever the Building Official or Zoning Administrator determines that a non-conforming 

structure has been abandoned, or more than 50% torn down, physically deteriorated, damaged or 

decayed, no building permit or occupancy permit shall be issued that would allow such structure to 

exceed the applicable height and use provisions of this ordinance. Any tree so damaged or 

destroyed shall be subject to the provisions of Section 5.7(D)(4)(g) of this ordinance. 

5. Not withstanding the previous provisions of this section the owner of any pre-existing nonconforming 

structure or tree shall be required to permit the installation, operation, or maintenance 

thereon of any markers and/or lights as shall be deemed necessary by the City or County to 

indicate to the operators of aircraft, the presence of such structure or tree. Such markers and 

lights shall be installed, operated, and maintained at the expense of the City or County. 

H. Airport Zoning Commission 

Pursuant to the provisions of Section 329.9 of the Iowa Code, there shall be a Mason City Municipal 

Airport Zoning Commission, consisting of 7 members, two of whom shall be appointed by the City of 

Mason City, two of whom shall be appointed by the City of Clear Lake, two of whom shall be appointed by 

the Board of Supervisors of Cerro Gordo County, and one additional member whom shall be selected by a 

majority vote of the City and County appointed members, and who shall serve as Chairperson of said 

commission. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. 

I. Airport Zoning Board of Adjustment 

Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be a Mason City Airport Zoning 

Board of Adjustment, consisting of 7 members, two of who shall be appointed by the City of Mason City, 

two of whom shall be appointed by the City of Clear Lake, two of whom shall be appointed by the Board of 

Supervisors of Cerro Gordo County, and one additional member whom shall be selected by a majority 

vote of the City and County appointed members, and who shall serve as Chairperson of said commission. 

The terms of such members shall be as provided by Section 329.9 of the Iowa Code. The Airport Zoning 

Board of Adjustment shall have the duties and powers established by the Iowa Code. 

J. Special Exceptions 

1. With the concurrence of a majority vote, the Airport Zoning Board of Adjustment (the Board) may, 

25


based upon a written determination from the FAA, reverse any order, requirement, decision or 

determination of any administrative official and may modify the provisions of this ordinance in 

favor of an applicant, providing: 

a. Any height or use limitations contained in this ordinance that is modified by the Board shall not 

result in an obstruction to any aircraft in flight. 

b. No use of land shall be permitted that would nto be compatible with airport operations. 

2. Any application for a special exception to the provisions of this ordinance shall include as a part 

thereof, the written determination of the FAA pertaining to the application, and no application shall 

be set for hearing by the Board in the absence is such FAA determination. 

K. Variances 

1. Any person desiring to construct or alter any structure, or permit the growth of any tree, or 

otherwise use property in a manner that would constitute a violation of this ordinance, may apply 

to the Board for a variance from these regulations. The Board shall consider no application for a 

variance to the requirements of this ordinance unless a copy of the application has been 

submitted to the Airport Commission for their opinion as to the aeronautical effects of such a 

variance. If the Airport Commission fails to respond to the Board within sixty (60) days from its 

receipt of the copy of the application, the Board may make its decision in the absence of the 

Airport Commission opinion. Such variances may be granted by the Board only where the literal 

application of these regulations would result in unnecessary hardship, and are subject to the 

following: 

a. Such variance would not be contrary to the public interest. 

b. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code. 

c. Such variance shall be granted subject to any reasonable conditions that the Board may 

deem necessary to effectuate the purposes of this ordinance and of Chapter 329 of the Iowa 

Code. 

d. Such variance shall be subject to the requirement that the applicant shall install, operate, and 

maintain such markings and lighting, at the applicant’s own expense, as may be necessary to 

indicate to aircraft operators the existence of an airport obstruction as determined by the 

Board. 

e. Such variance shall be subject to the reservation of the right of the City and the Airport at their 

own expense, to go onto applicant’s property to install, operate, and maintain thereon such 

FAA approved markers and lights as may be necessary to indicate to operators of aircraft the 

existence of an airport obstruction. 

2. Any person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment may 

appeal such decision, pursuant to the provisions of the Iowa Code. 

L. Enforcement 

Enforcement of the provisions of this ordinance shall be the responsibility of the Building Official or Zoning 

Administrator, or such person(s) as the Building Official or Zoning Administrator shall, from time to time, 

direct. However such duties of enforcement and administration shall not include any of the powers herein 

delegated to the Airport Zoning Board of Adjustment. 

M. Equitable Remedies 

The City of the Airport may, pursuant to Section 329.5 of the Iowa Code, maintain an action in equity to 

restrain and abate as a nuisance the creation, establishment or maintenance of an airport hazard, in 

violation of any provision established by this ordinance, on any property, whether within or without the 

territorial limits of the City. 

N. Prohibited Acts 

Except as herein provided, it shall be unlawful for any person to construct or alter any structure, use any 

land, or grow any tree in violation of the provisions of this ordinance. 

26


O. Penalties 

Each violation of these regulations shall constitute a misdemeanor and the perpetrator thereof, upon 

conviction, shall be punished by a fine not to exceed $100 or by imprisonment in the county jail for not 

more than 30 days, or both. Each day a violation occurs or continues to exist shall constitute a separate 

offense. 

P. Conflicting Regulations 

In the event of any conflict between regulations contained in this ordinance and any other regulations 

applicable to the same area, whether the conflict be with respect to height of structures or trees, use of 

structures or land, or any other matter, the more stringent limitation or requirement shall prevail. 

Q. Repealer 

In each jurisdiction that adopts this ordinance, all pre-existing Ordinances and parts of Ordinances in 

conflict herewith are hereby repealed, but only to the extent of such conflict. 

R. Severability 

If any section, provision, or part of this ordinance shall be adjudged to be invalid, such adjudication shall 

not affect the validity of this ordinance as a whole, nor any section, provision or part thereof not adjudged 

invalid. 

S. Effective Date 

This ordinance shall be in effect in each jurisdiction immediately after its final passage by the governing 

body of that jurisdiction, and publication, as required by law. 

APPENDIX I 

The controlling Federal authority for the Mason City Municipal Airport is: 

Federal Aviation Administration, Central Region 

Office of the Manager, Airports Division 

901 Locust 

Kansas City, MO 64106-2641 

APPENDIX II 

Notice of Proposed Construction or Alteration, FAA Form 7460-1 shall be sent to: 

Express Processing Center, Federal Aviation Administration 

Southwest Regional Office, Air Traffic Division Airspace Brance, ASW-520 

2601 Meacham Boulevard 

Fort Worth, TX 76137-0520 

Or may be filed electronically using the internet at: https://oeaaa.faa.gov/oeaaa/external/portal.jsp 

27

GENERAL REGULATIONS Art. 6 

ARTICLE 6: 

GENERAL REGULATIONS 

6.1 AGRICULTURE 

This ordinance does not apply to farms, farm houses, farm barns, farm outbuildings or other buildings or 

structures which are primarily adapted, by reason of nature and area, for use for agricultural purposes, 

while so used. 

However, the ordinance may apply to any structure, building, dam, obstruction, deposit or excavation in or 

on the flood plains of any river or stream. 

6.2 CONFORMANCE REQUIRED 

Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no 

building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged or 

altered except in conformity with the regulations herein specified for the District in which it is located. 

However, a building that is nonconforming, as to yard requirements only, may be enlarged or added to 

providing the particular yard requirement in question is not reduced beyond the existing yard dimension 

and a variance is received from the Board of Adjustment. 

6.3 CONTINUING EXISTING USES 

Any use, building or structure existing at the time of the enactment of this Ordinance may be continued 

even though such use, building or structure may not conform with the provisions of this Ordinance for the 

district in which it is located. Neither shall any change of title or of right to possession affect such 

continuation of any existing use. 

No structure alteration or repair to any non-conforming structure over the life of the structure shall exceed 

50 percent of its fair market value at the time of its becoming a non-conforming use, unless the structure 

is permanently changed to a conforming use. 

6.4 NONCONFORMING USES OR BUILDINGS 

No existing building or premises devoted to a use not permitted by this Ordinance in the district in which 

such building or premises is located, except when required to do so by law or order shall be enlarged, 

extended, reconstructed, substituted, or structurally altered unless the use thereof is changed to a use 

permitted in the district in which such building or premises is located. Whenever a nonconforming use 

has been changed or altered so as to become more in compliance with the regulations of the district it is 

located in, such use shall not thereafter revert or be changed to a use which is in less compliance with 

district regulations except as follows: 

A. Discontinuance 

If a nonconforming use is discontinued for one (1) year or more, it shall not be re-established unless 

specifically approved by the Board of Adjustment. 

B. Replacing Damaged Buildings 

Any nonconforming building or structure damaged more than fifty (50) percent of its fair market value, 

prior to destruction and exclusive of the foundations at the time of damage by fire, flood, explosion, war, 

riot, or Act of God shall not be restored or reconstructed and used as before such occurrence; but if less 

than fifty (50) percent damaged above the foundation, it may be restored, reconstructed or used as 

before, provided that it be done within six (6) months of such occurrence and is in accordance with current 

and acceptable building practices and requirements. 

28


C. Discontinuance of Nonconforming Uses of Land Where Buildings are not Involved 

The use of land upon which no building or structure exists in conjunction therewith which does not 

conform to the provisions of this Ordinance, and the use of land upon which no building or structure exists 

in conjunction therewith which becomes non-conforming by reason of a subsequent change in this 

Ordinance, shall be discontinued within three (3) months from the date of the change. 

D. Junk Yard Conformance with District Restrictions 

Any junk yards which do not conform to the provisions set forth in any of the district restrictions in which 

the junk yard is located shall within twelve (12) months of the effective date of this amendment, come into 

compliance with said restrictions or shall cease operation. 

6.5 ZONING FOR FAMILY HOMES 

A Family Home shall be considered a residential use of property for the purposes of zoning and shall be 

treated as a permitted use in all residential zones or districts, including all single family residential zones or 

districts, of the County. No Conditional Use Permit, Special Use Permit, Special Exception, or Variance 

shall be required by the owner, or operator of any Family Home, as required by Chapter 358A of the Code 

of Iowa. 

A new Family Home shall not be located within one-fourth (1/4) of a mile from another family home. 

6.6 PENDING APPLICATIONS FOR ZONING PERMITS 

Nothing contained herein shall require any change in the overall layout, plans, construction, size or 

designated use of any development, building, structure or part thereof for which official approvals and 

required permits have been granted before the enactment of any amendment to this Ordinance, the 

construction of which conforms with such plans shall have been started prior to the effective date of such 

amendment to this Ordinance and completion thereof carried on in a normal manner and not discontinued 

for reasons other than those beyond the builders' control. 

6.7 STREET FRONTAGE REQUIRED 

Except as otherwise permitted in this Section, no lot shall contain any building used in whole or in part for 

residential purposes unless such lot abuts for at least twenty (20) feet on at least one (1) street. 

6.8 DWELLING 

It is the intent of this provision to allow one dwelling structure, either single family or duplex, where 

permitted, per lot in the A-1 and A-2 Agriculture Districts, and the R-Single Family Residence Districts. 

However, in the R-4 Multi-Family Residence District and the Commercial Districts, more than one multifamily 

dwelling structure per lot would be permitted. 

6.9 ACCESSORY STRUCTURES OR USES IN RESIDENCE DISTRICTS AND AGRICULTURAL 

DISTRICTS 

A. No accessory structure or use shall be established in any required court or in any required yard other 

than a rear yard except as provided hereinafter. 

Accessory structures or uses shall be located at least ten (10) feet from the principal building, and 

shall also be distance at least ten (10) feet from any other separate structure on the same lot, and at 

least three (3) feet from all rear lot lines. 

In residential districts, where it is desired to build a detached garage or other accessory structure to 

the side of a dwelling or less than ten (10) feet behind the rear line of the principal building, the 

29


minimum front, side and rear yard requirements for a principal building in the Zoning District shall be 

observed in placing and erecting said accessory structure. No accessory structure shall be placed 

between the dwelling and the front lot line. 

In agricultural districts, accessory structures may be placed in any location on the property, including 

between the dwelling and front lot line, as long as the above separation distances are met and the 

minimum front and side yard requirements for a principal building in the Zoning District are observed. 

On Lake lots, a detached garage or other accessory structure may be built in the front yard as long as 

all setback and separation requirements are followed. 

Sleeping and bathroom accommodations are prohibited in detached accessory structures. 

B. No accessory structure or use or group of accessory structures or uses in any residential district shall 

cover more than twenty-five (25) percent of the required rear yards. 

C. Accessory structures, except those housing animals or fowl, maybe erected as part of the principal 

building or maybe connected thereto by a breezeway or similar structure provided all yard 

requirements for a principal building are complied with and the accessory structure or use for the 

purpose of determining yard requirements will be treated as an addition to the principal building. 

D. Animals may be kept in agricultural districts only, and as permitted in Article 7 and Article 8. 

E. In any residential district, the owner of the property may store up to a maximum of six (6) boat 

hoists/lifts in any required side or rear yard. 

6.10 REQUIRED YARD CANNOT BE REDUCED 

No lot shall be reduced in area so as to make any yard or any other open space less than the minimum 

required by this Ordinance. No part of a yard or other open space provided about any building or structure 

for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or 

other open space required under this Ordinance for another building or structure. 

Off-street parking and loading areas may occupy all or any part of any required yard or open space except 

as otherwise specified in this ordinance. In districts where permitted, however, no permanent parking of 

vehicles, travel trailers, mobile homes, or implements (whether for sale or not), shall be permitted within 

one-half (1/2) of the required yard distance nearest the street or streets. 

6.11 FRONT YARD SETBACK AVERAGE 

In any District there shall be a minimum front yard required as stated in the yard requirements for that 

particular district; provided, however, that where lots comprising thirty (30) percent or more of the frontage 

within 200 feet of either side lot line are developed with buildings at a greater or lesser setback, the front 

yard minimum requirement shall be the average of these building setbacks. In computing the average 

setback, buildings located on reverse corner lots or entirely on the rear half of lots, shall not be included in 

the computation. 

6.12 OFF-STREET PARKING AND LOADING 

In Residence Districts one (1) commercial vehicle (pickup or panel type) may be parked on a lot, however, 

no commercial vehicle with dual rear wheels (four [4] or more wheels on the rear of the vehicle) may be 

parked on such lots. 

Such permitted use shall be for the purpose of transportation, not commercial purposes which are not 

permitted in Residential and Agricultural Districts. 

30


In any Commercial or Industrial District, spaces for loading or unloading shall be provided, and in all 

districts, parking spaces for parking and storage of vehicles shall be provided in accordance with the 

provisions of Article 19. 

6.13 HEIGHTS, HOW MEASURED 

On a corner or interior lot, the height shall be the vertical distance from the average established curb 

grade or from the average finished grade at the building line if higher. 

6.14 STORIES 

The lowest story or the ground story, or first story of any building is the lowest story, the floor of which is 

not more than three and one-half (3-1/2) feet below the average contact ground level at the exterior walls 

of the building; except that any basement used for residence purposes, other than for a janitor or 

caretaker of his family, shall be deemed a ground or first story. 

6.15 FRONT YARD ON LOTS RUNNING THROUGH THE BLOCK 

In any district where a lot runs through a block from street to street and where a front yard is required, 

such front yard shall be provided along each street lot line, not a side street lot line. 

6.16 FRONT YARD DEPTHS, HOW MEASURED 

The minimum front yard depth as specified, shall be measured from the established right-of-way line of 

the street on which the lot fronts. 

6.17 STORAGE OF TRAVEL TRAILERS 

It shall be strictly prohibited in all zoning districts to allow the storage of a recreation vehicle, travel trailer, 

camper, utility trailer and other similar vehicles and devices in any required front yard. 

In order to facilitate the demands for temporary storage of such vehicles and devices, such temporary 

storage may be allowed in appropriate parking areas for a period not to exceed seventy-two (72) hours 

and in not greater frequency than twice a month. 

Permanent storage of such vehicles in all zoning districts shall be permitted in side and rear yards only. 

Setback requirements for accessory structures must be observed. Refer to Article 22-D concerning 

availability of temporary occupancy permits. 

6.18 BUILDING LINES ON APPROVED PLATS 

Whenever the plat of a land subdivision, approved by the County Board of Supervisors and recorded, for 

purposes of creating a front yard or side street yard line, the building line thus shown shall apply along 

such frontages in place of any other yard line required in this Ordinance unless specific yard requirements 

in this Ordinance require a greater setback. 

6.19 MINIMUM WIDTH REQUIREMENT PER DWELLING UNIT 

A. The minimum dimension of the main body of the dwelling unit shall not be less than twenty-two (22) 

feet 

B. In no case shall two (2) or more structures constructed as individual dwelling units be allowed to be 

attached for the purpose of satisfying the width requirements, nor shall any structure constructed as 

an individual dwelling unit have additions constructed for the purpose of satisfying the width 

requirements. 

31


C. Provisions of the minimum width requirement per dwelling unit does not apply to lake lots in a 

residential district. 

6.20 MINIMUM GROUND FLOOR AREA REQUIREMENT PER DWELLING UNIT 

A. A one (1) floor dwelling shall contain not less than seven hundred twenty (720) square feet of usable 

ground floor area exclusive of open porches, garages or steps. 

B. A story and one-half or two-story dwelling shall contain no less than six hundred fifty (650) square feet 

of ground floor area exclusive of open porches, garages or steps. 

6.21 PRINCIPAL USE ON A COMMERCIAL OR INDUSTRIAL LOT 

In any commercial or industrial district, more than one (1) permitted or permissible principal use may be 

allowed on a single lot, provided that yard and other requirements of this Ordinance shall be met for each 

use as though it were an individual lot. 

6.22 SALE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS 

No parcel of land which has less than the minimum width area requirements for the district in which it is 

located, may be cut off from another parcel of land for the purpose, whether immediate or future, of 

building or development as a lot, except by permit of the Board of Adjustment. 

6:23 LOTS OF RECORD - UNDERSIZE 

If any district in which dwellings are permitted, a single family dwelling shall be permitted on a single lot of 

record at the time of passage of this Ordinance, subject to other provisions of this Ordinance. Side yards 

for dwellings on lots of record at the time of passage of this Ordinance which do not meet the minimum 

width requirement of the district in which located may be reduced as follows unless otherwise provided in 

the district regulations: 

A. Interior Lots. The width of each of the side yards may be reduced to ten percent of the width of the lot 

on lots having a width of fifty (50) feet, or more. On lots having a width less than fifty (50) feet, each 

side yard shall be no less than three (3) feet. 

B. Corner Lots. The width of the side yard adjacent to the side street may be reduced to not less than 

twelve and one half (12-1/2) feet. The width of the side yard opposite the side street may be reduced 

to ten percent of the width of the lot on lots having a width of fifty (50) feet, or more. The width of the 

side yard opposite the side street shall be no less than three (3) feet on lots having a width less than 

fifty (50) feet. 

6.24 CONSTRUCTION OF ACCESSORY BUILDING BEFORE PRINCIPAL BUILDING 

No permit for an accessory building shall be issued unless and until a permit has been issued for the 

principal building. 

6.25 SALE OR LEASE OF REQUIRED SPACE 

No space needed to meet the width, yard, area, coverage, parking or other requirements of this Ordinance 

for lot or building may be sold or leased away from such lot or building. 

6.26 WATER AND SEWAGE REQUIREMENTS 

In all cases where a proposed building or proposed use will involve the use of sewage facilities and public 

sewer and/or water is not available, the sewage disposal and/or the domestic water supply shall comply 

with the requirements of the County Board of Health and the application for a building permit shall be 

32


accompanied by a certificate of approval from said Board of Health. The following minimum lot area and 

frontage requirements for single family dwellings shall apply in such cases except in districts where the 

said minimum for any single family dwelling is greater than those listed below. 

No public sewer and water: 

Public water supply, no public sewer: 

Minimum area - 20,000 square feet 

100 foot lot width 

Minimum area - 10,000 square feet 

80 foot lot width 

6.27 STRUCTURES PERMITTED ABOVE HEIGHT LIMITS 

The building height limitations of this Ordinance shall be modified as follows: 

A. Chimneys, cooling towers, elevators, bulkheads, fire-towers, monuments, stacks, tanks, water towers, 

ornamental towers and spires, commercial radio or television towers or necessary mechanical 

appurtenances may be erected to the height approved by the Board of Adjustment. 

B. Public, semi-public or public service building, hospitals, sanitariums or schools, when permitted in a 

district may be erected to a height not exceeding sixty (60) feet, and churches and temples when 

permitted in a district may be erected to a height not exceeding seventy-five (75) feet if the building is 

set back from each property 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. 

C. Flag poles, light poles and similar single pole structures may be established within the required front 

yard setback but may not be established in the required side and rear yard setbacks. The height of 

such a structure shall not exceed thirty (30) feet in height without the Board of Adjustment approval. 

D. Radio tower including base and guide wires may not be established in the required yard setbacks and 

may not be established in the front of the front line of the principal building. The height of such a 

structure shall not exceed sixty (60) feet in height, as measured to the highest point of the structure 

including the antenna, without the approval of the Board of Adjustment. Private radio towers and 

antennas not exceeding sixty (60) feet in height may be permitted in any agricultural or residential 

district. 

E. Wind energy systems that are accessory to a principal permitted use shall be permitted only in the A-1 

and A-2 Districts, and on lots greater than 20,000 square feet in the R-1, R-4, C-2, C-3, M-1 and M-2 

Districts subject to the following standards. 

1. Wind energy systems located in the A-1 and A-2 Districts may be located anywhere on the lot in 

conformance with these standards. Wind energy systems in any other district listed above shall 

be located in a rear yard. 

2. The base of the wind energy system shall be located a distance equal to the height of the tower 

measured from its base to the height of the blade at its apex from any property line or road rightof-way 

line. A lesser setback may be authorized by the Board of Adjustment if a structural 

engineer, licensed in the State of Iowa, certifies in writing that the collapse of the system will occur 

within a lesser distance under all foreseeable circumstances. Guy wire anchors shall be set back 

from lot lines a distance equal to the setbacks required in the zoning district in which the wind 

energy system is located. 

3. In no case shall a wind energy system exceed a height of: 

a. 80 feet on parcels of two (2) acres or less; and 

b. 120 feet on parcels greater than two (2) acres. 

4. Wind energy systems shall not exceed 60 dBA as measured at the closest neighboring inhabited 

dwelling. This level may be exceeded during short-term events such as utility outages and/or 

periods of high winds. 

5. Wind turbines shall have been approved under a certification program or standards recognized by 

the American Wind Energy Association. 

33


6. Evidence of the wind energy system’s compliance with applicable Federal Aviation Administration 

regulations shall be required. 

7. No wind energy system shall be installed until evidence has been provided that the utility company 

has been informed of the customer’s intent to install an interconnected customer-owned 

generator. The wind energy system shall meet the requirements for interconnection and 

operation as set forth by the utility company and the Iowa Utilities Board. Systems that are not 

interconnected with the utility company’s system shall be exempt from the requirement to notify 

the local utility company. 

8. Electrical equipment boxes, control panels, external ladders , and other similar appurtenances 

shall be locked or secured by other means to prevent tampering ad unauthorized access. 

9. Non-functional or inoperative wind energy systems shall be deemed to be abandoned after a 

period of one (1) year. Upon proof that a replacement turbine has been ordered, the tower 

structure, foundations, and transmission equipment may remain, however, the turbine shall be 

removed. If no replacement turbine is ordered within one (1) year of non-function or inoperability 

or if structural components are in disrepair which may result in collapse, the entire system 

including the tower structure and transmission equipment shall be removed. 

Non-function or inoperability may be verified from reports provided by the utility company if the 

wind energy system is interconnected. If such removal is required, the Zoning Administrator shall 

notify the owner/operator. 

6.28 OTHER EXCEPTIONS TO YARD REQUIREMENTS 

Every part of a required yard shall be open to the sky unobstructed with any building or structure except 

for a permitted accessory building in a rear yard and except for ordinary projections not to exceed twentyfour 

(24) inches including roof overhang; however, architectural features such as sidewalk arcades, 

canopies, roofs, or similar architectural features of commercial or industrial buildings may be established 

and maintained in a required front yard, provided the total combined area of such features does not 

exceed twenty (20) percent of the required front yard area. 

6.29 SUB-LOTS 

When authorized as a permitted use in the zoning district in which it is proposed to be located, dwellings 

with common party walls may be constructed on a sub-lot, and separately conveyed subject to compliance 

with all of the following conditions: 

A. Site Requirements 

1. Recorded Lots. Each sub-lot shall be located in a recorded subdivision lot--said lot shall contain 

an area of not less than seven thousand five hundred (7,500) square feet. 

2. Number of Sub-Lots. The allowable number of sub-lots shall be determined by dividing the gross 

area of the platted lot by the density limits of the zoning district. In no case, however, shall a sublot 

have an area of less than three thousand five hundred (3,500) square feet or more than one 

(1) dwelling unit thereon. 

3. Building Limitations. The yard, height, and area requirements of the district shall apply to the 

entire area of the platted lot or of the development tract. 

4. Parking. Off-street parking shall be provided in accordance with Article 19 of this Ordinance. 

B. Procedure 

The procedure for the approval of a sub-lot plan by the Board of Supervisors and the resultant 

issuance of building permits, shall be the same as that for a subdivision. 

6.30 SWIMMING POOLS 

A. All swimming pools shall be enclosed by a solid wall or fence or chain link fence not less than five (5) 

feet nor more than six (6) feet in height to prevent unauthorized and uninvited access. 

B. In the Agricultural and Residential District, private swimming pools can be located beside, in front of, 

or behind the principal use but shall not be located within any of the required yard areas. Where 

34


decks and/or canopies are used in conjunction with this use, conformance shall be made with all 

required setbacks and codes of the district for accessory structures. See Article 6, General 

Regulations, "Accessory Structures or Uses in Residence Districts and Agricultural Districts." 

C. No public swimming pool shall be located closer than twenty-five (25) feet to any lot line on which it 

sets. 

6.31 FENCES, WALLS, AND VISION CLEARANCE 

A. On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to 

impede vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the center line 

grades of the area described as follows: 

That area bounded by the street right-of-way lines of a corner lot and a straight line joining points on 

said right-of-way lines twenty-five (25) feet from the point of intersection of said right-of-way lines. 

B. Not withstanding the provisions of Article 6 "ACCESSORY STRUCTURES OR USES IN RESIDENCE 

DISTRICTS AND AGRICULTURAL DISTRICT," the following provisions shall prevail: 

1. On any lot used for residential purposes, fences and walls not exceeding six (6) feet in height are 

permitted within the limits of the required side yards and rear yards except on a lake lot. A fence 

or wall not exceeding three (3) feet in height is permitted within the limits of the required front 

yards or rear yards of a lake lot. 

2. Within the limits of the required front yards on any lot not zoned or used for residential purposes, a 

chain link fence or structure of similar density is permitted. Within or bounding the required side 

or rear yard, a wall, fence, or chain link fence is permitted. The height of any of these structures 

shall be no greater than that for structures in that district. 

3. In the case of retaining walls supporting embankments, the above requirements shall apply only to 

the part of the wall above the ground surface of the retained embankment. 

a. Grade for determining the maximum height above grade for fences and walls: 

(1) For a fence along a street right-of-way, grade shall be the highest point of the pavement 

lying between the intersection of the center line and a projection of the side lot lines. 

(2) For a fence or wall between the front lot line and the front building lines, grade shall be 

prorated between the grade at the front lot line and the grades at the building. 

(3) For a fence or wall along the rear lot line or between the front building line and the rear lot 

line, grade shall be the grade at the building. 

b. Fences and walls on a corner lot shall comply with the vision clearance requirements of 

Paragraph A on the previous page. 

6.32 CONTROLLED ACCESS 

It is the intention of this article to protect the public and those property owners and residents whose lands, 

homes and buildings abut any county road and at the same time provide for the free flow of traffic upon, 

entering upon and existing from any county road. 

This article shall in no way affect existing access facilities as long as these access facilities are maintained 

and used for their present purposes. This article shall not be construed to refer to access facilities used 

only for agricultural purposes. 

35


Except as hereinafter provided, any parcel or tract of land of record, which subsequent to the effective 

date of this Ordinance is subdivided or for which access to a county road is desired, shall be provided 

such access facilities only upon a marginal access road (frontage road). The marginal access road shall 

serve the property desirous of an access facility. Entrance to and exit from such properties shall be upon 

this marginal access road and thence by access facilities to the prime facility (a county road). However, 

where special problems exist, the Zoning Commission after careful study may recommend that direct 

access to the prime facility be allowed. 

Permission for access facilities shall be granted only after a thorough study of the topography of the area 

under consideration, the future need for extending such marginal access road beyond the limits of the 

property under consideration, the traffic density on the county road upon which the marginal road will have 

access, and any other related features which would affect the proposed access facilities. 

After the effective date of this Ordinance, access to county roads shall be granted to a property owner or 

subdivider only by the County Board of Supervisors upon the recommendation of the County Zoning 

Commission after the Commission has made a thorough study and heard evidence on the proposal. 

Marginal access roads shall become the property of the County after proper legal dedication and 

acceptance by the county. 

6.33 SITE PLAN FEES 

A. For any use which requires a site plan, the fee shall be $100.00. This fee is for site plan review only. 

B. Site plans are required for the following: Planned Shopping Center, Planned Area Development, Go- 

Kart Tracks, Racetracks, Dragstrips, Sewage Treatment Plants and Waste Stabilization Lagoons, 

Public or Private Utility Service, Mobile Home Park, Travel Trailer Park, Anhydrous Ammonia 

Pumping and Storage Facilities, Wholesale Storage of Gasoline, fuels, oils, flammable or toxic 

substances, Commercial feedlots and confinement operations, Salvage Yards and/or junk yards, 

Extraction and Primary Material Processing and Permanent Asphalt Plants and commercial 

composting operations. 

6.34 HOME OCCUPATIONS 

A. Home occupation standards. Home occupations are permitted in the “A” Agriculture Districts and “R” 

Residential Districts. To qualify as a Home Occupation, the following conditions shall be met: 

1. There shall be no alterations to the exterior of the dwelling or any exterior evidence of the Home 

Occupation except as hereafter permitted. 

2. A Home Occupation shall not produce excessive noises, obnoxious odors, electrical disturbances, 

or significant additional vehicular traffic which would render the use objectionable or detrimental to 

or incompatible with the residential character of the neighborhood. 

3. The Home Occupation shall not create a need for additional on or off-street parking beyond 

normal dwelling needs. 

4. There shall be no advertising on the premises other than one (1) sign not exceeding the 

dimensions for nameplates in Agricultural and Residential Districts stated in Article 19 of this 

Ordinance. 

5. The home occupation, its materials, supplies, equipment, and products shall occur in and be 

confined to the dwelling or a permitted accessory building or buildings located on the premises. 

Outdoor displays of any kind are prohibited. 

6. Direct sales of products, except sales of products incidental to the provision of personal 

professional services and those produced as part of the home occupation, shall not be allowed, 

however, catalog, telephone or Internet orders may be picked up as part of a home occupation. 

7. In residential districts, no heavy equipment or trucks, connected in any way with the home 

occupation and exceeding eight (8) ton capacity shall be parked on the premises, except entirely 

within an enclosed structure. 

8. Unless specifically prohibited in Section B below, nothing in this section shall be construed or 

36


applied to prohibit the provision of professional or personal services or counseling on an 

appointment basis to individuals or families so long as the provision of such services in all other 

respects complies with the requirements for a home occupation. Examples of professional or 

personal services include, but are not limited to financial planning, tax preparation, counseling, 

and legal representation. 

B. Prohibited Home Occupations. The following uses are expressly prohibited as Home Occupations 

and shall not be allowed in any district unless allowed by Special Use Permit pursuant to Article 20, or 

another section of this Ordinance. 

1. Contractor’s storage yards for the parking of contractor’s equipment and/or the storage of 

construction or scrap materials. 

2. Motor vehicle and small engine repair, motor vehicle sales, auto body or fender repair, motor 

vehicle painting, and minor auto repair garages. 

3. Animal hospital, veterinary clinic or kennels. 

4. Restaurants, clubs, and drinking establishments. 

5. Undertaking establishments and funeral homes or parlors. 

6. Sexually oriented businesses. 

7. Salvage yards and/or junk yards. 

8. Health care facilities and medical offices for doctors and dentists. 

9. Shops for contractors and tradesmen, including but not limited to electricians, plumbers, and 

carpenters on residentially-zoned parcels. Such shops are permissible in agriculturally-zoned 

districts. 

10. Trash-hauling operations. 

11. Tattoo and body-piercing services. 

C. No permit shall be required for a home occupation. 

37

A-1 AGRICULTURAL DISTRICT Art. 7 

ARTICLE 7: 

A-1 AGRICULTURAL DISTRICT 

7.1 DECLARATION OF INTENT 

The A-1 Agricultural District is one of agricultural uses which is designed to permit the continued use of 

such land for agricultural purposes. 

The following regulations and the General Regulations contained in Article 6 shall apply in the A-1 

Agricultural District. 

7.2 PRINCIPAL PERMITTED USES 

A. Farms and farmhouses. 

B. Specialized farms where livestock, such as hogs, cattle horses, poultry, pigeons, rabbits, and other 

common farm animals are bred and/or raised, but not including the feeding or disposal of community 

or collected garbage. 

C. Specialized horticultural operations, including truck gardens, orchards, and wholesale nurseries. 

D. Forest and wildlife preserves. 

E. Stables (private) providing that any such structure built to accommodate horses must be located in the 

rear yard (if there is also a residence) and at least fifty (50) feet from all property lines. 

F. Sod farms. 

G. Single family homes on platted lots in existing subdivisions, on auditor's plats or on existing parcels of 

less than ten (10) acres as of the adoption date of this Article. 

H. Cemeteries, mausoleums and crematories. 

I. Church or other places of worship, including parish house, Sunday school building and bulletin boards. 

7.3 ACCESSORY PERMITTED USES 

A. Accessory buildings and uses customarily incident to any of the uses in Section 7.2 above. 

B. Home occupation and home industry. 

C. A private garage or parking space. 

D. Seed and feed dealerships, provided however, there is no evidence of showroom or other commercial 

activities. A sign not exceeding ten (10) square feet in area may be located on the building storing the 

seed and feed during the sales season. 

E. Roadside stands offering for sale only products grown on the premises from any of the above uses. 

Such stands shall be removed during any season or period when they are not being used. 

7.4 SPECIAL PERMITTED USES 

See Article 20. 

38


7.5 HEIGHT REGULATIONS 

No building hereafter erected or structurally altered shall exceed two and one-half (2-1/2) stories or thirtyfive 

(35) feet. 

7.6 YARD REQUIREMENTS 

Each lot shall have front, side and rear yards not less than the depths or widths following: 

A. Front yard depth, fifty (50) feet. 

B. Each side yard width, twenty-five (25) feet. 

C. Rear yard depth, thirty (30) feet. 

39


ARTICLE 8: 

A-2 AGRICULTURAL DISTRICT 


The A-2 Agricultural District is intended to serve the agricultural community and guide urban land use 

development in the rural area. It does allow for a limited number of agricultural service related 

businesses. Such areas shall be not less than two (2) acres in size. 

The following regulations and the General Regulations contained in Article 6 shall apply in the A-2 

Agricultural District. 


A. Any use permitted in the A-1 Agricultural Protection District using the same restrictions. 

B. Church or other places of worship, including parish house, Sunday school building and bulletin boards. 

C. Cemeteries, mausoleums, and crematories. 

D. Parks, playgrounds, golf courses, both public and private, service organizations, and recreational uses 

including, but not limited to, Boy or Girl Scout camps and church camps. 

E. Schools, both public and private educational institutions; preschool and day care facilities operating no 

more than from 6 A.M. to 8 P.M. daily; providing that a single-family dwelling also may be co-located 

for use by the landowner or custodian. 

F. Institutions of a religious, charitable, philanthropic or similar nature. 

G. Public stables. 

H. City and County buildings and facilities. 


A. Accessory buildings and uses customarily incident to any of the uses in Section 8.2 above. 

B. Other accessory uses as allowed in A-1 District. 





(35) feet. 


Each lot shall have front, side and rear yards not less than the depths or widths following: 



C. Rear yard depth, fifty (50) feet. 

40

R-1 SINGLE FAMILY RESIDENTIAL DISTRICT Art. 9 

ARTICLE 9: 

R-1 SINGLE FAMILY RESIDENTIAL DISTRICT 


The R-1 Single Family Residential District is one of single family dwelling units designed to maintain, 

protect and preserve the character of development on lots with a minimum area of twenty thousand 

(20,000) square feet and a lot width not less than one hundred twenty (120) feet. No more than one (1) 

dwelling unit and the customary accessory buildings shall be allowed on one (1) lot. 

The following regulations and the General Regulations contained in Article 6 shall apply in the R-1 Single 

Family Residential District. 


A. Single-family dwellings. 

B. Family Homes in compliance with Section 358A, Code of Iowa. 

C. Churches or other places of worship, including parish houses. Other accessory church uses such as 

Sunday School buildings, nursery schools, preschools, and child care centers, which would be 

compatible with church uses. A completely fenced and screened play lot shall be provided for nursery 

schools, preschools and child care centers. Said fencing and screening shall be located not less than 

twenty (20) feet from any other lot in any "R" District. 

D. Public and parochial schools and colleges for academic instruction. 

E. Public buildings and properties of the cultural, administrative or public service type but not including 

such uses as storage yards, warehouses, garages or sewage pumping stations. 


A. Accessory buildings and uses customarily incident to any allowed use within the district. 

B. Accessory utility services and equipment for use by adjacent properties. 

C. Home occupations. 

D. Private swimming pool. 

E. Temporary buildings for uses incidental to construction work which buildings shall be removed upon 

the completion or abandonment of the construction work. This shall include trailers and house trailers 

used as offices. 

F. Truck gardens, orchards and nurseries; provided, however, that no storage of manure or odor or dust 

producing substances shall be permitted within one hundred (100) feet of any property line. 

G. Roadside stands offering for sale only products grown on the premises. Such stands shall be 

removed during any season or period when they are not in use. 



41



No building hereafter erected or structurally altered shall exceed two and on-half (2-1/2) stories or thirtyfive 

(35) feet. 


Each lot shall have front, side and rear yards not less than the depths, widths or area following: 



C. Rear yard depth, fifty (50) feet. 

D. On corner lots the side yard requirement on the street side shall be twenty-five (25) feet. 

42


ARTICLE 10: 




protect and preserve the character of development on lots with a minimum area of twelve thousand 

(12,000) square feet and lot width not less than eighty (80) feet. No more than one (1) dwelling unit and 

the customary accessory buildings shall be allowed on one (1) lot. 




A. Any principal uses permitted in the R-1 Single Family Residential District. 


A. Any accessory uses permitted in the R-1 Single Family Residential District. 





(35) feet. 


Each lot shall have front, side and rear yards not less than the depth, width or area following: 


B. Each side yard width, fifteen (15) feet. 


D. On corner lots the side yard requirement on the street side shall be twenty-five (25) feet. 

43


ARTICLE 11: 




protect and preserve the character of development on lots with a minimum area of five thousand (5,000) 

square feet and lot width of not less than fifty (50) feet. No more than one (1) dwelling unit and the 

customary accessory buildings shall be allowed on one (1) lot. 




A. Any principal uses permitted in the R-1 Single Family Residential District. 


A. Any accessory uses permitted in the R-1 Single Family Residential District. 





(35) feet. 


Each lot shall have front, side and rear yards not less than the depth, width or area following: 

A. Front yard depth, thirty (30) feet. 

B. Each side yard width, six (6) feet or ten (10) percent of the lot width, whichever is greater, up to a 

twelve (12) foot maximum. 


D. On corner lots the side yard requirement on the street side shall be twelve and one-half (12-1/2) feet. 

44

R-4 MULTI FAMILY RESIDENTIAL DISTRICT Art. 12 

ARTICLE 12: 

R-4 MULTI-FAMILY RESIDENTIAL DISTRICT 


The R-4 Multi-Family Residential District is one of the residences and other compatible uses designed to 

maintain, protect and preserve the character of development with not more than one (1) dwelling unit and 

the customary accessory buildings for each five thousand (5000) square feet of lot area. 

The following regulations and the General Regulations contained in Article 6 shall apply in the R-4 Multi- 



Only the use of structures or land listed in this section shall be permitted in the R-4 District. 

A. All principal uses permitted in the R-1 District. 

B. Two-family dwellings, with a minimum lot area of five thousand (5,000) square feet per family. 

C. Multiple-family dwellings with a minimum lot area of three thousand five hundred (3,500) square feet 

per family. 

D. Tourist homes, rental cabins, lodging and rooming houses, and dormitories. 

E. Clubs, lodges, social and recreational centers, fraternity and sorority houses, except those of which 

the chief activity is carried on for gain. 

F. Nursing, convalescent, and boarding homes, provided that no such building shall be located within fifty 

(50) feet of any adjoining lot line. 

G. Hospitals, clinics and sanitariums, provided that no such use shall be established or permitted on a 

parcel of land less than two (2) acres in area, nor shall any part or portion of such use be permitted 

within fifty (50) feet of any adjoining lot line. 

H. Building devoted to professional offices; provided such group does not exceed eight (8) offices. 


A. Accessory uses and structures as permitted and regulated in the R-1 District, except as hereafter 

modified. 

B. Accessory utility services and equipment. 




No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet. 

45

R-4 MULTI FAMILY RESIDENTIAL DISTRICT Art. 12 


Unless otherwise provided in this article by specific mention, the front, side and rear yard depths, widths 

and areas shall not be less than the following: 


B. Each side yard width, ten (10) feet. 


D. On corner lots the side yard requirement on the street side shall be twelve and one-half (12-1/2) feet. 

46

C-1 LOCAL COMMERCIAL DISTRICT Art. 13 

ARTICLE 13: 

C-1 LOCAL COMMERCIAL DISTRICT 


The C-1 Local Commercial District is one of light neighborhood (local) type retail and customer service 

uses designed to be compatible with each other and nearly residential districts. No lot shall have a width 

of less than twenty (20) feet. 

13.2 DISTRICT RESTRICTIONS 

A. All commercial uses are restricted to closed buildings except the parking lots and certain service 

station operations. 

B. Outdoor displays are prohibited in any yard. 

C. Any lighting shall be so placed so as to reflect the light away from adjacent residential districts. No 

noise, odor or vibrations shall be emitted so that it exceeds the general level of noise, odor, or 

vibration emitted by uses outside the site. Such comparisons shall be made at the boundary of the 

site. 

D. Outside storage of materials or supplies is prohibited. 

The following regulations and the General Regulations contained in Article 6 shall apply in the C-1 Local 

Commercial District. 


B. All uses allowed and as regulated in the R-4 District and any retail business or service establishments 

supplying commodities or performing services such as the following: 

1. Business Service 

Bank 

Funeral homes, including crematoriums 

Interior decorating shop 

Loan office 

Messenger service 

Professional or commercial office 

Real estate office 

Travel bureau 

2. Clothing Service 

Apparel Shop 

Personal laundry and dry cleaning establishment 

Shoe sales or repair 

Tailor 

3. Equipment Service 

Household appliances and repair 

Phono-record shop 

Photographic studio 

47

C-1 LOCAL COMMERCIAL DISTRICT Art. 13 

4. Food Service 

Cafe 

Caterer 

Drugstore 

Meat market 

Restaurant 

5. General Retail Service 

Bakery, retail sales only 

Book store 

Cigar store 

Florist shop 

Furrier 

Hardware 

Hobby shop 

Paint and wallpaper store 

Toy shop 

Variety store 

6. Personal Service 

Beauty parlor 

Barber shop 

Cosmetics 

Masseur salon 

Tanning salon 

7. Any use which is interpreted by the Zoning Administrator to be a use similar to one of the abovenamed 

uses, and in his opinion, conforms to the intent of this Article. 


A. Accessory uses and structures as permitted in the R-4 District. 

B. Other accessory uses and structures, customarily accessory and incidental to any permitted principal 

use. 




No structure shall exceed three (3) stories or forty-five (45) feet in height except as provided in Article 6. 


A. Each lot shall have front, side and rear yards not less than the depths, width or area following: 

B. Front yard depth, thirty (30) feet. 

C. Each side yard width, ten (10) feet. 

D. Rear yard depth, thirty (30) feet. 

48

C-2 GENERAL COMMERCIAL DISTRICT Art. 14 

ARTICLE 14: 

C-2 GENERAL COMMERCIAL DISTRICT 


The C-2 General Commercial District is one of general commercial uses necessary for the orderly growth 

and development of Cerro Gordo County. Lot width shall not be less than sixty (60) feet. 


A. All lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, 

odor, or vibration shall be emitted so that it exceeds the general level of noise, odor, or vibration 

emitted by uses outside the site. Such comparisons shall be made at the boundary of the site. 

B. Except as otherwise provided, all permitted uses and storage of materials or supplies shall be 

conducted entirely within a closed building. 

C. The outside display of merchandise is permissible only if specifically approved by, and subject to any 

limitations or restrictions imposed by, the Board of Adjustment, unless such outside displays are 

specifically permitted by this Article. 

The following regulations and the General Regulations contained in Article 6 shall apply in the C-2 General 



A. Any use or structure permitted and as regulated in the C-1 District, except residences, apartments and 

dormitories. 

B. Grocery stores. 

C. Drive-in eating and drinking establishments. 

D. Industrial laundry and dry cleaning establishment. 

E. Automobile, trailer, travel trailer, truck, motorcycle, boat and farm implement establishments for 

display, hire, rental and sales (including sales lots), including as incidental to these major uses all 

repair work in connection with their own or customers' vehicles. Not included are uses in which the 

major source of revenue is from body and fender work. Outside display areas for the above vehicles 

shall comply with the off-street parking requirements of Article 19. This paragraph shall not be 

construed to include automobile, tractor or machinery wrecking, and rebuilding of wrecks, or used 

parts yards. 

F. Theaters; provided that for drive-in theaters the screen shall be so located as to not be visible from 

adjacent streets or highways and said screen shall be set back not less than two hundred (200) feet 

from the established right-of-way of any highway. 

G. Animal hospital, veterinary clinic or kennel but not including any outside exercising runway; provided 

any structure or area used for such purposes shall be at least two hundred (200) feet from any R- 

District and one hundred (100) feet from any A- or C-1 District boundary. 

H. Public swimming pools, commercial baseball fields, skating rinks, golf driving ranges or similar open 

air recreational uses and facilities. 

I. Service establishments, including non-offensive, minor processing and assemblage, only when totally 

enclosed within a structure and which are not objectionable due to emission of odor, smoke, dust, gas 

or noise. 

49

C-2 GENERAL COMMERCIAL DISTRICT Art. 14 

J. Hotels and motels. 

K. Minor auto repair garages (Auto body and fender repair allowed only pursuant to Article 20). 

L. Ballrooms and dance halls. 

M. Amusement enterprises, including assembly halls, billiard parlors, pool halls, bowling alleys, indoor 

recreation buildings, and pinball arcades. 

N. Manufacture or treatment of products clearly incidental to the conduct of a retail business conducted 

on the premises. 

O. Undertaking establishments and funeral homes or parlors. 

P. Automotive services, including automobile service stations, bus depots, public parking, tires and auto 

accessory stores. 

Q. Any use which is interpreted by the Zoning Administrator to be a use similar to any of the abovenamed 

uses, and, in his opinion, conforms to the intent of this Article. 


A. Accessory uses and structures as permitted in the C-1 District. 

B. Other accessory uses and structures customarily accessory and incidental to any principal permitted 

uses, except that no accessory use or structure shall be located closer than fifteen (15) feet from any 

A- or R- District. 




No structure shall exceed three (3) stories or forty-five (45) feet in height, except as provided in Article 6. 


Each lot shall have front, side and rear yards not less than the depths, widths or area following: 


B. Each side yard width, ten (10) feet. 


50

SEXUALLY ORIENTED BUSINESS 

Art. 14A 

14A.1 DECLARATION OF INTENT 

ARTICLE 14A: SEXUALLY ORIENTED BUSINESS 

It is the purpose of this ordinance to regulate sexually oriented businesses to promote the health, safety, 

morals and general welfare of the citizens of the county, and to establish reasonable and uniform 

regulations to prevent the continued deleterious location and concentration of sexually oriented 

businesses within the county. The provisions of this ordinance have neither the purpose nor effect of 

imposing a limitation or restriction on the content of any communicative materials, including sexually 

oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by 

adults to sexually oriented materials protected by the First Amendment, or to deny access by the 

distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is the intent 

nor effect of this ordinance to condone or legitimize the distribution of obscene material. 

14A.2 DEFINITIONS 

ADULT ARCADE: 

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or 

electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other 

image-producing devices are maintained to show images to five or fewer persons per machine at any one 

time, and where the images so displayed are distinguished or characterized by the depicting or describing 

of "specified sexual activities" or "specified anatomical areas." 

ADULT BOOKSTORE OR ADULT VIDEO STORE: 

A commercial establishment which, as one of its principal business purposes, offers for sale or rental for 

any form of consideration any one or more of the following: (1) Books, magazines, periodicals or other 

printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or 

other visual representations which depict or describe "specified sexual activities" or "specified anatomical 

areas"; or (2) Instruments, devices, or paraphernalia which are designed for use in connection with 

"specified sexual activities." A commercial establishment may have other principal business purposes 

that do not involve the offering for sale or rental of material depicting or describing "specified sexual 

activities" or "specified anatomical areas" and still be categorized as ADULT BOOKSTORE or ADULT 

VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments 

from being categorizes as an ADULT BOOKSTORE or ADULT VIDEO STORE so long as one of its 

principal business purposes is the offering for sale or rental for consideration the specified materials which 

depict or describe "specified sexual activities" or "specified anatomical areas." 

ADULT CABARET: 

A nightclub, bar, restaurant or similar commercial establishment which regularly features: (1) Persons 

who appear in a state of nudity; or (2) Live performances which are characterized by the exposure of 

"specified anatomical areas" or by "specified sexual activities"; or (3) Films, motion picture, video 

cassettes, slides, or other photographic reproductions which are characterized by the depiction or 

description of "specified sexual activities" or "specified anatomical areas." 

ADULT MOTEL: 

A hotel, motel or similar commercial establishment which: (1) Offers accommodations to the public for 

any form of consideration; provides patrons with closed-circuit television transmissions, films, motion 

pictures, video cassettes, slides, or other photographic reproductions which are characterized by the 

depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign 

visible from the public right of way which advertises the availability of this adult type of photographic 

reproductions; or (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; 

or (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less 

than ten (10) hours. 

51


Art. 14A 

ADULT MOTION PICTURE THEATER: 

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, 

slides, or similar photographic reproductions are regularly shown which are characterized by the depiction 

or description of "specified sexual activities" or "specified anatomical areas." 

ADULT THEATER: 

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons 

who appear in a state of nudity or live performances which are characterized by the exposure of "specified 

anatomical areas" or by "specified sexual activities." 

ESCORT: 

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another 

person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another 

person. 

ESCORT AGENCY: 

A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one 

of its primary business purposes for a fee, tip, or other consideration. 

ESTABLISHMENT: 

Means and includes any of the following: (1) The opening or commencement of any sexually oriented 

business as a new business; (2) The conversion of an existing business, whether or not a sexually 

oriented business, to any sexually oriented business; (3) The additions of any sexually oriented business 

to any other existing sexually oriented business; or (4) The relocation of any sexually oriented business. 

PERMITTEE AND/OR LICENSEE: 

A person in whose name a permit and/or license to operate a sexually oriented business has been issued, 

as well as the individual listed as an applicant on the application for a permit and/or license. 

NUDE MODEL STUDIO: 

Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is 

provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by 

other persons who pay money or any form of consideration. 

NUDITY OR A STATE OF NUDITY: 

The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast. 

PERSON: 

An individual, proprietorship, partnership, corporation, association, or other legal entity. 

SEMI-NUDE: 

A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the 

female breast, as well as portions of the body covered by supporting straps or devices. 

SEXUAL ENCOUNTER CENTER: 

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of 

consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the opposite 

sex; or (2) Activities between male and female persons and/or persons of the same sex when one or 

more of the persons is in a state of nudity or semi-nude. 

SEXUALLY ORIENTED BUSINESS: 

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture 

theater, adult theater, escort agency, nude model studio, or sexual encounter center. 

52


Art. 14A 

SPECIFIED ANATOMICAL AREAS: 

THe male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female 

genitals. 

SPECIFIED SEXUAL ACTIVITIES: 

Means and includes any of the following: (1) The fondling or other erotic touching of human genitals, 

pubic region, buttocks, anus or female breasts; (2) Sex acts, normal or perverted, actual or simulated, 

including intercourse, oral copulation or sodomy; (3) Masturbation, actual or simulated; or (4) Excretory 

functions as part of or in connection with any of the activities set forth in (a) through (c) above. 

SUBSTANTIAL ENLARGEMENT: 

A sexually oriented business means the increase in floor areas occupied by the business by more than 

twenty-five (25) percent, as the floor areas exist on January 1, 1996. 

TRANSFER OF OWNERSHIP OR CONTROL: 

Transfer of ownership or control of a sexually oriented business means and includes any of the following: 

(1) The sale, lease or sublease of the business; (2) The transfer of securities which constitute a 

controlling interest in the business, whether by sale, exchange, or similar means; or (3) The 

establishment of a trust, gift or other similar legal device which transfers the ownership or control of the 

business, except for transfer by bequest or other operation of law upon the death of the person 

possessing the ownership or control. 

14A.3 CLASSIFICATION 

Sexually oriented businesses are classified as follows: 

A. adult arcades; 

B. adult bookstores or adult video stores; 

C. adult cabarets; 

D. adult motels; 

E. adult motion picture theaters; 

F. adult theaters; 

G. escort agencies; 

H. nude model studios; and 

I. sexual encounter centers. 

14A.4 PERMIT AND/OR LICENSE REQUIRED 

A. A person commits a simple misdemeanor and/or a county infraction if he operates a sexually oriented 

business without a valid permit and/or license, issued by the county for the particular type of business. 

B. An application for a permit and/or license must be made on a form provided by the Zoning 

Administrator. The application must be accompanied by a sketch or diagram showing the 

configuration of the premises, including a statement of total floor space occupied by the business. 

The sketch or diagram need not be professionally prepared but must be drawn to a designated scale 

or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six 

(6) inches. 

53


Art. 14A 

C. The applicant must be qualified according to the provisions of this article and the premises must be 

inspected and found to be in compliance with the law by the health department, fire department and 

building official. 

D. If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the 

application for a permit/or license as applicant. If a person who wishes to operate a sexually oriented 

business is other than an individual, each individual who has a ten (10) percent or greater interest in 

the business must sign the application for a permit and/or license as applicant. If a corporation is 

listed as owner of a sexually oriented business or as the entity which wishes to operate such a 

business, each individual having a ten (10) percent or greater interest in the corporation must sign the 

application for a permit and/or license as applicant. 

E. The fact that a person possesses other types of state or county permits and/or licenses does not 

exempt him from the requirement of obtaining a sexually oriented business permit and/or license. 

14A.5 ISSUANCE OF PERMIT AND/OR LICENSE 

The Cerro Gordo County Zoning Administrator shall approve the issuance of a permit and/or license to an 

applicant within thirty (30) days after receipt of an application unless he finds one or more of the following 

to be true: 

A. An applicant is under eighteen (18) years of age. 

B. An applicant or an applicant's spouse is overdue in his payment to the county of taxes, fees, fines, or 

penalties assessed against him or imposed upon him in relation to a sexually oriented business. 

C. An applicant has failed to provide information reasonably necessary for issuance of the permit and/or 

license or has falsely answered a question or request for information on the application form. 

D. An applicant is residing with a person who has been denied a permit and/or license by the County to 

operate a sexually oriented business within the preceding twelve (12) months, or residing with a 

person whose license to operate a sexually oriented business has been revoked within the preceding 

twelve (12) months. 

E. The premises to be used for the sexually oriented business have not been approved by the health 

department, fire department and building official as being in compliance with applicable laws and 

ordinances. 

F. The permit and/or license fee required by this ordinance has not been paid. 

G. An applicant of the proposed establishment is in violation of or is not in compliance with any of the 

provisions of this ordinance. 

H. The permit and/or license, if granted, shall state on its face the name of the person or persons to 

whom it is granted, the expiration date, and the address of the sexually oriented business. The permit 

and/or license shall be posted in a conspicuous place at or near the entrance to the sexually oriented 

business so that it may be easily read at any time. 

The health department, fire department and building official shall complete their certification that the 

premises is in compliance or not in compliance within twenty (20) days of the receipt of the application by 

the Zoning Administrator. The certification shall be promptly presented to the Zoning Administrator. 

54


Art. 14A 

14A.6 FEES 

The annual fee for a sexually oriented business permit and/or license is five hundred ($500.00) Dollars. 

14A.7 INSPECTION 

A. An applicant or permittee and/or licensee shall permit representatives of the sheriff's department, 

health department, fire department, zoning department or other county departments or agencies to 

inspect the premises of a sexually oriented business for the purpose of insuring compliance with the 

law, at any time it is occupied or open for business. 

B. A person who operates a sexually oriented business or his agent or employee commits a simple 

misdemeanor and/or county infraction if he refuses to permit such lawful inspection of the premises at 

any time it is occupied or open for business. 

14A.8 EXPIRATION OF PERMIT AND/OR LICENSE 

A. Each permit and/or license shall expire one year from the date of issuance and may be renewed only 

by making application as provided in Article 14A.5. Application for renewal should be made at least 

thirty (30) days before the expiration date, and when made less than thirty (30) days before the 

expiration date, the expiration of the permit and/or license will not be affected. 

B. When the Zoning Administrator denies renewal of a license, the applicant shall not be issued a permit 

and/or license for one year from the date of denial. If subsequent to denial, the Zoning Administrator 

finds that the basis for denial of the renewal permit and/or license has been corrected or abated, the 

applicant may be granted a permit and/or license if at least ninety (90) days have elapsed since the 

date denial became final. 

14A.9 SUSPENSION 

The Cerro Gordo County Zoning Administrator shall suspend a permit and/or license for a period not to 

exceed thirty (30) days if he determines that a permittee and/or licensee or an employee of a permittee 

and/or license has: 

A. violated or is not in compliance with any section of this ordinance; 

B. engaged in excessive use of alcoholic beverage while on the sexually oriented business premises; 

C. refused to allow an inspection of the sexually oriented business premises as authorized by this article; 

D. knowingly permitted gambling by any person on the sexually oriented business premises. 

14A.10 REVOCATION 

A. The Cerro Gordo County Zoning Administrator shall revoke a permit and/or license if a cause of 

suspension in Article 14A.1 occurs and the permit and/or license has been suspended within the 

proceeding twelve (12) months. 

B. The zoning administrator shall revoke a permit and/or license if he determines that: 

1. A permittee and/or licensee gave false or misleading information in the material submitted to the 

auditor during the application process; 

2. A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of 

controlled substances on the premises; 

55


Art. 14A 

3. a permittee and/or licensee or an employee has knowingly allowed prostitution on the premises; 

4. a permittee and/or licensee or an employee knowingly operated the sexually oriented business 

during a period of time when the permittee's and/or licensee's permit and/or license was 

suspended. 

5. a permittee and/or licensee or an employee has knowingly allowed any act of sexual intercourse, 

sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted 

and/or licensed premises; 

6. a permittee and/or licensee is delinquent in payment to the county or state for any taxes for fees 

past due. 

C. When the Zoning Administrator revokes a permit and/or license, the revocation shall continue for one 

(1) year, and the permittee and/or licensee shall not be issued a sexually oriented permit and/or 

license for one (1) year from the date revocation became effective. If, subsequent to revocation, the 

Cerro Gordo County Zoning Administrator finds that the basis for the revocation has been corrected or 

abated, the applicant may be granted a permit and/or license if at least ninety (90) days have elapsed 

since the revocation became effective. 

D. Appeals governed by procedures set forth in Article 24.3-24.4 of the Cerro Gordo County Zoning 

Ordinance and Rules of Procedure adopted by the Cerro Gordo County Board of Adjustment. 

14A.11 TRANSFER OF PERMIT AND/OR LICENSE 

A permittee and/or licensee shall not transfer his permit and/or license to another, nor shall a permittee 

and/or licensee operate a sexually oriented business under the authority of a permit and/or license at any 

place other than the address designated in the application. 

14A.12 LOCATION OF SEXUALLY ORIENTED BUSINESSES 

A. The Cerro Gordo County Zoning Ordinance will include the following uses in a C-2 General 

Commercial District. The permitted principal uses and structures shall be those enumerated in Article 

14.3 of the Cerro Gordo County Zoning Ordinance as well as the following: 

1. adult arcades; 

2. adult bookstores or adult video stores; 

3. adult cabarets; 

4. adult motels; 

5. adult motion picture theaters; 

6. adult theaters; 

7. escort agencies; 

8. nude model studios; and 

9. sexual encounter centers. 

The permitted accessory uses and structures; permitted special exceptions; prohibited uses and 

structures; minimum lot area; minimum lot width; minimum yard requirements; maximum lot coverage 

by all building; maximum height of structures; minimum off-street parking and loading requirements; 

56


Art. 14A 

and sign regulations shall be the same as those required under the C-2 General Commercial District 

classification as cited in Article 14 of the Cerro Gordo County Zoning Ordinance. 

B. A person commits a simple misdemeanor and/or county infraction if he operates or causes to be 

operated a sexually oriented business outside of a designated C-2 district. All sexually oriented 

businesses shall be located within a C-2 district. 

C. A person commits a simple misdemeanor and/or county infraciton if he operates or causes to be 

operated a sexually oriented business within one thousand (1,000) feet of: 

1. a church; 

2. a public or private elementary or secondary school; 

3. a boundary of any residential district; 

4. a public park adjacent to any residential district; 

5. the property line of a lot devoted to residential use. 

D. A person commits a simple misdemeanor and/or county infraction if he causes or permits the 

operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually 

oriented business within one thousand (1,000) feet of another sexually oriented business. 

E. A person commits a simple misdemeanor and/or a county infraction if he causes or permits the 

operation, establishment, or maintenance of more than one sexually oriented business in the same 

building, structure, or portion thereof, or the increase of floor areas of any sexually oriented business 

in any building, structure, or portion thereof containing another sexually oriented business. 

F. For the purpose of this article, measurement shall be made in a straight line, without regard to 

intervening structures or objects, from the nearest portion of the building or structure used as a part of 

the premises where a sexually oriented business is conducted, to the nearest property line of the 

premises of a church or public or private elementary or secondary school, or to the nearest boundary 

of an affected public park, residential district or residential lot. 

G. For purposes of Subsection D of this section, the distance between two sexually oriented businesses 

shall be measured in a straight line, without regard to intervening structures or objects, from the 

closest exterior wall of the structure in which each business is located. 

H. Any sexually oriented business lawfully operating on January 1, 1996, that is in violation of Subsection 

A through G of this section shall be deemed a nonconforming use. The nonconforming use will be 

permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or 

voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be 

increased, enlarged, extended or altered except that the use may be changed to a conforming use. If 

two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a 

permissible location, the sexually oriented business which was first established and continually 

operating at a particular location is the conforming use and the later-established business(es) is 

nonconforming. 

I. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming 

use by the location, subsequent to the grant or renewal of the sexually oriented business permit 

and/or license, of a church, public or private elementary or secondary school, public park, residential 

district, or a residential lot within one thousand (1,000) feet of the sexually oriented business. This 

provision applies only to the renewal of a valid permit and/or license, and does not apply when an 

application for a permit and/or license is submitted after a permit and/or license has expired or has 

been revoked. 

57


Art. 14A 

14A.13 ADDITIONAL REGULATIONS FOR ADULT MOTELS 

A. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been 

rented and vacated two or more times in a period of time that is less than ten (10) hours creates a 

rebuttal presumption that the establishment is an adult motel as the term is defined in this article. 

B. A person commits a simple misdemeanor and/or a county infraction if, as the person in control of a 

sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually 

oriented permit and/or license, he rents or subrents a sleeping room to a person and, within ten (10) 

hours from the time the room is rented, he rents or subrents the same sleeping room again. 

C. For purposes of Subsection B of this section, the terms "rent" or "subrent" mean the act of permitting 

a room to be occupied for any form of consideration. 

14A.14 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS 

A. A person who operates or causes to be operated a sexually oriented business, other than an adult 

motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square 

feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual 

activities or specified anatomical areas, shall comply with the following requirements: 

1. Upon application for a sexually oriented permit and/or license, the application shall be 

accompanied by a diagram of the premises showing a plan thereof specifying the location of one 

or more manager's stations and the location of all overhead lighting fixtures and designating any 

portion of the premises in which patrons will not be permitted. A manager's station may not 

exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at 

which the permit will be conspicuously posted, if granted. A professionally prepared diagram in 

the nature of an engineer's or architect's blueprint shall not be required; however, each diagram 

should be oriented to the north or to some designated street or object and should be drawn to a 

designated scale or with marked dimensions sufficient to show the various internal dimensions of 

all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Cerro 

Gordo County Zoning Administrator may waive the foregoing diagram for renewal applications if 

the applicant adopts a diagram that was previously submitted and certifies that the configuration 

of the premises has not been altered since it was prepared. 

2. The application shall be sworn to be true and correct by the applicant. 

3. No alteration in the configuration or location of a manager's station may be made without the prior 

approval of the Zoning Administrator or his designee. 

4. It is the duty of the owners and operator of the premises to ensure that at least one employee is 

on duty and situated in each manager's station at all times that any patron is present inside the 

premises. 

5. The interior of the premises shall be configured in such a manner that there is an unobstructed 

view from a manager's station of every area of the premises to which any patron is permitted 

access for any purpose excluding restrooms. Restrooms may not contain video reproduction 

equipment. If the premises has two or more manager's stations designated, then the interior of 

the premises shall be configured in such a manner that there is an unobstructed view of each 

area of the premises to which any patron is permitted access for any purpose from at least one of 

the manager's stations. The view required in this subsection must be by direct line of sight from 

the manager's station. 

6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and 

employees present in the premises to ensure that the view area specified in Subsection 5 remains 

unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to 

58


Art. 14A 

ensure the no patron is permitted access to any area of the premises which has been designated 

as an area in which patrons will not be permitted in the application filed pursuant to Subsection 1 

of this section. 

7. No viewing room may be occupied by more than one person at any time. 

8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate 

every place to which patrons are permitted access at an illumination of not less than one (1) footcandle 

as measured at the floor level. 

9. It shall be the duty of the owners and operator and it shall also be the duty of any agents and 

employees present in the premises to ensure that the illumination described above, is maintained 

at all times that any patron is present in the premises. 

B. A person having a duty under Subsection 1 through 9 of Subsection A above commits a simple 

misdemeanor and/or county infraction if he fails to fulfill that duty. 

14A.15 EXEMPTIONS 

A. It is a defense to prosecution under Articles 14A.5 and 14A.12 that a person appearing in a state of 

nudity did so in a modeling class operated: 

1. by a proprietary school, licensed by the State of Iowa; a college, junior college, or university 

supported entirely or partly by taxation; 

2. by a private college or university which maintains and operates educational programs in which 

credits are transferable to a college, junior college, or university supported entirely or partly by 

taxation; or 

3. in a structure: 

a. which has no sign visible from the exterior of the structure and no other advertising that 

indicates a nude person is available for viewing; and 

b. where, in order to participate in a class a student must enroll at least three (3) days in 

advance of the class; and 

c. where no more than one nude model is on the premises at any one time. 

14A.16 CONFLICTING ORDINANCES REPEALED 

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 

59

C-3 PLANNED SHOPPING CENTER DISTRICT Art. 15 

ARTICLE 15: 

C-3 PLANNED SHOPPING CENTER DISTRICT 


The Planned Shopping Center District provides for well-designed shopping facilities in appropriate 

locations. Intent is also that the district be laid out and developed as a unit according to an approved plan. 

It shall be the responsibility of the developer to either post a performance or guarantee bond or establish 

an escrow account which is equal to one hundred (100) percent of the proposed public improvements as 

provided by a certified engineer. These funds or bonds will be made payable to the county in the event 

that the developer is unable to finish the improvements. It is also the responsibility of the developer to 

provide proof of such measures to the extent which is required to suffice the Zoning Commission and 

Board of Supervisor requirements. 


A. All commercial uses shall be restricted to closed buildings except parking lots, plant nurseries, and 

certain service station operations. Only the normal pump island services will be permitted as outdoor 

service station operations. 

B. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, 

odor, or vibrations shall be emitted so that it exceeds the general level of noise, odor, or vibration 

emitted by uses outside the boundaries of the Planned Shopping Center District. 

The following regulations and the General Regulations contained in Article 6 shall apply in the Planned 

Shopping Center District. 


A. All residential district uses are prohibited. 

B. All uses permitted in the C-1 District subject to Paragraph A above. 

C. Any of the following uses subject to the approval of the Board of Adjustment: 

1. Assembly hall or auditorium. 

2. Bars and cocktail lounges. 

3. Laboratory, clinical or research. 

4. Radio and television broadcasting studios, but not including outside towers or other devices used 

in transmitting and receiving. 


A. Accessory uses and structures as permitted in the C-1 District. 

B. Other accessory uses and structures, customarily accessory and incidental to any permitted principal 

use. 

C. Signs. The following shall apply to all signs displayed for observation from outside a building whether 

displayed on or within a building, or in a free-standing situation: 

1. Signs shall be limited to those (a) identifying the uses conducted in the shopping center; or (b) 

necessary for directional purposes; or, (c) used to advertise the sale or lease of real property on 

60


buildings on which displayed; or, (d) identifying the shopping center by name or symbol only. 

2. The total allowable area of all use identification signs on any building of a business establishment 

shall be determined by permitting two (2) square feet of sign area for each horizontal foot of the 

building wall displaying such sign or signs. 

3. In addition to the above, one or more signs identifying the shopping center may be provided for 

each C-3 District Shopping Center on the following basis: 

a. Each shopping center may have one (1) or more shopping center identification signs with a 

total aggregate area of three hundred (300) square feet for the first nine (9) or less acres of 

total shopping center site area, and an additional one hundred (100) square feet of total 

aggregate sign area for each additional nine (9) acres of total shopping center site area. 

b. Such shopping center identification sign or signs may be free-standing or attached to the face 

of a building. 

c. Free-standing shopping center identification signs--(a) shall not exceed four hundred fifty 

(450) square feet in area for each face of each sign (subject to the maximum permitted in c.1 

above); and (b) shall not be located so that the bottom of the sign is closer than ten (10) feet 

to the ground, nor the top more than twenty-five (25) feet above the ground; and (c) shall not 

be located closer than one thousand (1,000) feet from each other. 

4. The total allowable area of all signs advertising the sale or lease of real property on buildings shall 

not exceed two hundred (200) square feet, but no single such sign shall exceed one hundred 

(100) square feet. 

5. For the purpose of this section, the sign area allowed by Subsections 2. and 3. above, shall: 

a. For free-standing letters, be computed by taking the area enclosed within the smallest 

rectangle needed to completely encompass each word or insignia of the sign. 

b. For signs, other than free-standing letters, be computed by taking the total area of the facing 

on the total area within the outer edge of an existent border of the sign. 

6. All signs shall be fixed and shall not be audible; no illumination shall be intermittent, flashing or 

scintillating; nor shall any sign or illumination be revolving or animated. No sign shall have moving 

parts including devices set in motion by movement of the atmosphere. 

7. No wall mounted sign shall project out from a wall or face of a building more than two (2) feet, nor 

project above the roof line more than four (4) feet. 

8. Service stations located in the Shopping Center District shall be limited to one (1) square foot of 

sign area for each lineal foot of street frontage occupied by such use. Where a service station 

located in the C-3 Shopping Center District has frontage on more than one (1) street, only one (1) 

street frontage may be used to compute allowable sign area. In no case shall the total area of all 

signs for any one service station exceed one hundred fifty (150) square feet. 

9. All signs shall conform at all times to such requirements as to size and location within the 

foregoing limitations as may be specified as part of the action by the Zoning Commission on the 

site plans as provided by Section 3 of this Article. 

61


15.5 ZONING COMMISSION PROCEDURE 

A. An applicant for a C-3 Planned Shopping Center District shall apply directly to the Commission upon 

forms to be prescribed by the Commission. Said application shall be filed with the Zoning 

Administrator and be transmitted by him to the County Zoning Commission. Such application shall be 

accompanied by a preliminary development plan for the entire tract involved, together with supporting 

data. 

B. Upon receipt of such application, development plan and data, the Commission shall review the same 

and shall set the date for public hearing. Public hearing shall be held as prescribed by law. At said 

hearing the Commission will consider such applications and objections from persons interested in or 

affected by such proceedings. 

C. The Commission shall consider such objections and shall review the proposed development plans 

and supporting data upon the basis of the requirements of this Article. Thereafter, the Commission 

shall take action as follows: 

1. If it shall find that such plan meets the requirements of this Article, it shall approve the same as 

the final development plan and so recommend to the Board of Supervisors. 

2. If it shall find that upon said plan being amended, altered and changed as specified by the 

Commission, it will meet the requirements of this Article, it shall so notify the applicant. 

Thereupon the applicant shall prepare and file with the commission a final development plan and 

supporting data incorporating such specifications. Upon the filing of a final development plan 

complying with the specifications of the Commission, the Commission shall approve the same 

and so recommend to the Board of Supervisors. 

3. If it shall find that such plan does not comply with the requirements of this Article and is not 

susceptible to alteration, change or amendment to meet requirements or if the applicant fails to 

file a final development plan in compliance with Subsection 2. hereof, the Commission shall 

disapprove the same and make the appropriate recommendation to the Board of Supervisors. 

4. The Board of Supervisors, upon receipt of the recommendations of the Zoning Commission, shall 

then hold a public hearing on the site plan or plans and may require changes thereon and approve 

or disapprove said plan or plans. 

5. Upon approval a site plan by the Board of Supervisors, a signed copy thereof shall be filed in the 

office of the Zoning Administrator. 

6. Whenever the building inspector finds that any proposed construction or occupancy will not, in his 

opinion, substantially comply with the site plan or stipulations, he shall refer the question to the 

Board of Supervisors for its review, in written format detailing the items that are deemed to be 

unacceptible and also making suggestions as to the appropriate measures that need to be taken 

to correct the deficiencies. 

15.6 DEVELOPMENT PLAN REQUIREMENTS 

In determining approval or disapproval of a development plan, the Commission shall be governed by the 

following: 

A. The area to be occupied by buildings in this district shall be twenty-five (25) percent or less of the net 

area of the district. 

B. The location of the shopping center shall be on property which has an acceptable relationship to major 

thoroughfares. The Commission shall satisfy itself as to the adequacy of the thoroughfare to carry the 

additional traffic engendered by the development. 

62


C. The plan for the proposed shopping center should present a unified and organized arrangement of 

buildings with a functional relationship to property comprising the development and adjacent 

properties. 

D. The location, size and use of all buildings and structures; nature and intensity of the operation involved 

in or in connection with the center; its site layout including the location, size, and arrangement and 

capacity of all areas to be used for vehicular access, parking, loading and unloading; and its 

relationship to streets giving access so as to not create undue hazards to normal traffic in the vicinity. 

E. Location, size and arrangement of areas to be devoted to planting, lawns, trees or other purposes so 

that the center will be harmonious to the neighborhood in which it is situated. 

F. The submittal of information for plan review must follow the format which is outlined in the Subdivision 

Ordinance of Cerro Gordo County and any additional information or site plan requirements as deemed 

necessary by the Zoning Commission or Zoning Administrator. 

15.7 DEVELOPMENT SCHEDULE 

An application for a Planned Shopping Center District shall be accompanied by a development schedule 

indicating to the best of the applicant's knowledge, the approximate date on which construction of the 

project can be expected to begin, the states of development, and the anticipated rate of development and 

completion. The approved development schedule shall become a part of the development plan and shall 

be adhered to by the owner of the property and his successors in interest. 

If, in the opinion of the Zoning Commission, the development schedule is not being adhered to, the Zoning 

Commission may initiate proceedings to amend the Ordinance to remove the Planned Shopping Center 

District from the Official Zoning Map. 

However, the Zoning Commission may also recommend to the Board of Supervisors that the limits 

imposed by the development schedule be extended. 

15.8 OFF-STREET PARKING AND LOADING REQUIREMENTS 

(See Article 19 for "Off-Street Parking and Loading Requirements") 

63

M-1 LIGHT INDUSTRIAL DISTRICT Art. 16 

ARTICLE 16: 

M-1 LIGHT INDUSTRIAL DISTRICT 


The M-1 Light Industrial District is one of light industrial uses designed to serve the needs of Cerro Gordo 

County for industrial activity least offensive to the uses in nearby Commercial and Residential Districts. 


A. No use is permitted which will emit any offensive odor, dust, noxious gas, noise, vibration, smoke, 

heat, glare, refuse matter or water-carried waste beyond the boundaries of the lot on which such uses 

are conducted. 

B. Subject to the approval by the Board of Adjustment, one dwelling unit may be maintained for a 

watchman or a caretaker and his family. 

C. All uses specified in Subsection 16.3-B thru Y inclusive, shall be conducted wholly within a completely 

enclosed building except for parking, loading and unloading facilities. 

The following regulations and the General Regulations contained in Article 6 shall apply in the M-1 Light 

Industrial District. 


A. Any use permitted and as regulated in the C-2 General Commercial District. 

B. Automobile assembly and major repair. 

C. Creamery, bottling, ice manufacturing and cold storage plant. 

D. The manufacturing, compounding, processing, packaging, or treatment of cosmetics, 

pharmaceuticals, wine and food products. 

E. The manufacturing, compounding, assembling or treatment or articles or merchandise from previously 

prepared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, 

wax, yard and wood. 

F. Manufacture of musical instruments, novelties and molded rubber products. 

G. Manufacture or assembly of electrical appliances, instruments and devices. 

H. Manufacture of pottery or other similar ceramic products using only previously pulverized clay and 

kilns fired only by electricity or gas. 

I. Laboratories - experimental, film or testing. 

J. The manufacture and repair of electric signs, advertising structures, light sheet metal products, 

including heating and ventilating equipment. 

K. Blacksmith, welding or other metal shop excluding drop hammers and the like. 

L. Foundry casting lightweight non-ferrous metals or electric foundry not causing noxious fumes or 

odors. 

M. Bag, carpet and rug cleaning; provided necessary equipment is installed and operated for the effective 

precipitation or recovery of dust. 

64


N. Enameling, lacquering or japanning. 

O. Crematory. 

P. Sawmill, planing mill; including manufacture of wood products not involving chemical treatment. 

Q. Printing and/or publishing houses. 

R. Mini-storage, warehouses, wholesale warehouse or wholesale business. 

S. Truck terminals, including warehousing. 

T. Woodworking shop, sheet metal shop, plumbing shop, sign painting shop. 

U. Truck repair and sales. 

V. Building material sales yards, lumber yard, contractor's equipment storage yard or plant or rental of 

equipment commonly used by contractors; storage and sale of feed or fuel; storage yards for vehicles 

of a delivery service, provided dust is effectively controlled. 

W. Circus, carnival, or similar transient enterprise; provided such structures or buildings shall be at least 

two hundred (200) feet from any R District. 

X. Inflammable liquids, provided that all current rules and regulations are followed. 

Y. Any use which is interpreted by the Zoning Administrator to be a use similar to any of the abovenamed 



A. Accessory uses and structures customarily accessory and incidental to any M-1 permitted principal 

use, except that no accessory use or structure shall be located closer than twenty-five (25) feet from 

any A- or R-District boundary. 




No building hereafter erected or structurally altered shall exceed a height of three (3) stories or forty-five 

(45) feet, except special consideration shall be given to the height of grain elevators and storage bins. 

16.7 LOT REQUIREMENTS 

There is no minimum required lot area or width, except that when a lot is not served by a public sanitary 

system, the open and undeveloped yard area shall be not less than the area required to provide suitable 

sanitary treatment facilities which shall be developed in accordance with the related rules and regulations 

of the County Department of Health. 

65



Each lot shall have front, side and rear yards not less than the depths or width following: 


B. Side yard widths, ten (10) feet; except that any lot bordering a district having more restrictive yard 

requirements will provide a side yard the same as the more restrictive adjoining district. 


66

M-2 HEAVY INDUSTRIAL DISTRICT Art. 17 

ARTICLE 17: 

M-2 HEAVY INDUSTRIAL DISTRICT 


The M-2 Heavy Industrial District is one of heavy uses designed to serve the needs of Cerro Gordo 

County for industrial activity generally offensive if located near commercial and residential uses. 


A. No use is permitted which will emit any offensive odor, dust, noxious gas, noise, vibration, smoke, 

heat, glare, refuse matter or water-carried waste beyond the boundaries of the lot on which such uses 

are conducted. 

B. No Zoning Permit shall be issued for any use in conflict with any resolution of Cerro Gordo County or 

law of the State of Iowa regulating nuisances. 

C. No Zoning Permit shall be issued for any dwellings, schools, hospitals, clinics, and other institutions 

for human care. 

The following regulations and the General Regulations contained in Article 6 shall apply in the M-2 Heavy 

Industrial District. 


A. Any use permitted and as regulated in the M-1 District subject to the District Restrictions above. 

B. Any of the below listed uses, but not until and unless the location of such use shall have been 

authorized by the Board of Adjustment as provided for under Article 20. 

1. Slaughter houses or stock yards. 

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

3. Explosive manufacture or storage. 

4. Fat rendering; fertilizer, gas; or glue manufacture. 

5. Garbage, offal or dead animal reduction or dumping. 

6. Petroleum or petroleum products refining. 

7. Smelting or reduction of ores or metallurgical products. 

8. Any use which is interpreted by the Zoning Administrator to be a use similar to any of the abovenamed 



Same as M-1 



67

M-2 HEAVY INDUSTRIAL DISTRICT Art. 17 

17.6 REQUIRED CONDITIONS 

A. The best practical means known for the disposal of refuse matter or water-carried waste, the 

abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be 

employed. 

B. All principal buildings and accessory buildings or structures, including loading and unloading facilities, 

shall be located at least two hundred (200) feet from any R-District Boundary line, and not less than 

one hundred (100) feet from any other district boundary line, except an M-1 District Boundary line. 


No building hereafter erected or structurally altered shall exceed three and on-half (3-1/2) stories or fifty 

(50) feet. 

17.8 LOT REQUIREMENTS 

There is no minimum required lot area or width, except that when a lot is not served by a public sanitary 

system, the open and undeveloped yard area shall be not less than the area required to provide suitable 

sanitary treatment facilities which shall be developed in accordance with the related rules and regulations 

of the County Department of Health. 


Each lot shall have the front, side and rear yards not less than the depths or widths following: 


B. Side yard widths, ten (10) feet; except that any lot bordering a district having more restrictive side yard 

requirements will provide a side yard the same as the more restrictive adjoining district. 


68

PLANNED AREA DEVELOPMENT DISTRICT Art. 18 

ARTICLE 18: 

P.A.D. - PLANNED AREA DEVELOPMENT DISTRICT 


Planned Area Development is intended to encourage a more innovative approach to the development of 

land by permitting flexibility in design, placement of buildings and use of open spaces, while at the same 

time retaining substantially the same population density and area coverage permitted in the district in 

which the project is to be located. 

It shall be the responsibility of the developer to either post a performance or guarantee bond or establish 

an escrow account which is equal to one hundred (100) percent of the proposed public improvements as 

provided by a certified engineer. These funds or bonds will be made payable to the county in the event 

that the developer is unable to finish the improvements. It is also the responsibility of the developer to 

provide proof of such measures to the extent which is required to suffice the Zoning Commission and 

Board of Supervisors requirements. 


In a Planned Area Development only the following uses are permitted: 

A. In a residential Planned Area Development: 

1. Single-family, two-family and multiple dwellings. 

2. Other uses as permitted in the R-4 District. 

3. Neighborhood retail uses and those uses permitted in the C-1 Commercial District may be 

specifically and selectively authorized as to type and size only when integrated by design as an 

accessory element of the project, provided the development is planned for more than one 

hundred fifty (150) dwelling units. 

B. In a Planned Area Development designed primarily for other than residential uses as permitted above, 

the uses shall be limited to those permitted in the zoning district in which the use is to be located. 

18.3 USE CONTROL 

A. In a residential Planned Area Development, the zoning of areas for commercial uses shall not become 

effective until one-half (1/2) of the total number of dwelling units planned is completed. 

B. In a residential Planned Area Development there shall be a minimum of ten (10) percent of the total 

area of the Planned Area Development dedicated or reserved as usable common open space land. 

Common open space land shall be clearly designated on the plan as to character of use and 

development and shall not include: 

1. Areas reserved for the exclusive use or benefit of an individual tenant or owner, nor 

2. Dedicated streets, alleys and other public rights-of-way, nor 

Vehicular drives, parking, loading and storage areas. 

18.4 SIGNS 

Signs shall be permitted subject to the limitations of the Zoning District within which the sign is to be 

located. 

69


18.5 LAYOUT AND DESIGN REQUIREMENTS 

The regulations, requirements and standards of the Zoning District in which the Planned Area 

Development is to be located, shall apply to the layout and design of the total project. 

Where necessary, to insure compatibility of buildings and uses with each other and with off-site properties, 

the Commission may recommend and the Board of Supervisors may specify modification of such 

regulations, requirements and standards. 

The layout and design shall be subject to the following limitations. 

18.6 YARDS 

The yard requirements for the district in which the Planned Area Development is to be located shall apply 

to all exterior boundary lines of the site, except as otherwise provided on the approved development plan. 

18.7 OPEN SPACE 

The distance between the buildings (under thirty-six [36] feet in height) which contain dwelling units shall 

not be less than that required for the district in which the property is located. A comparable building which 

exceeds a height of thirty-five (35) feet must maintain a distance the equivalent of the required side yard 

plus one (1) foot for each one (1) foot such building exceeds thirty-five (35) feet in height. This distance 

must be maintained from any other building on the site or off the site which contains a dwelling unit. 

Accessory buildings exceeding a height of thirty-five (35) feet will observe the same distances as 

residential buildings. 

18.8 REAR AND SIDE YARD SETBACK 

For buildings and structures exceeding fifteen (15) feet in height, there shall be maintained a distance 

from the side and rear boundaries equal to the required yard plus one (1) additional foot for each foot of 

building height in excess of fifteen (15) feet. 

18.9 NUMBER OF DWELLING UNITS 

The number of dwelling units permitted shall be determined by dividing the net development area of the 

site by the minimum lot area per dwelling unit required in the district in which the project will be located. 

Net development area shall be that area remaining after subtracting those portions of the site set aside for 

non-residential uses, such as schools, parks and commercial. 

18.10 SITE COVERAGE 

The permitted percentage of coverage by buildings and structures of the net development area as 

determined by the above shall not exceed the percentage of coverage permitted in the district in which the 

project is located. 

18.11 OFF-STREET PARKING 

The total required off-street parking facilities shall not be less than the sum of the required parking 

facilities for the various uses computed separately and in accordance with Article 19. 

70


18.12 APPLICATION 

C. An application to establish a Planned Area Development project shall be filed by: 

1. The owner or owners having title to all of the property in the area proposed for the Planned Area 

Development, or 

2. The County Zoning Commission. 

D. Site Plan 

The site plan should be drawn at a scale of not less than 1" = 100' and twelve (12) copies of the site 

plan shall be submitted with the permit application. The site plan shall include but not be limited to the 

type of structures proposed, number and size of dwelling units, floor area of office or industrial 

building, buffers, landscaping, parking area, walls, density, floor area ratio, sewer and water proposed, 

anticipated expansion and other information deemed necessary to illustrate compliance with the 

requirements of this Ordinance. In addition, the map will show dimensions of open-space, public 

dedications, and the horizontal and vertical dimensions of all proposed buildings and structures. 

E. Statement 

An explanatory statement of the general purpose of the project shall accompany the application. The 

statement shall supplement the site plan with narrative information. The adoption of the text of the 

statement specifying the particular non-residential uses shall constitute a limitation to those specific 

uses. 

F. The submittal of information for plan review must follow the format which is outlined in the Subdivision 

Ordinance of Cerro Gordo County and any additional information or site plan requirements as deemed 

necessary by the Zoning Commission or Zoning Administrator. 

18.13 PROCEDURE 

A. Preliminary Plan 

The approval of a Planned Area Development shall be by the Board of Supervisors upon 

recommendation of the Zoning Commission subject to procedures required in amending the 

Ordinance. A preliminary Development Plan shall be submitted to the Zoning Commission for its 

review and recommendation. The Commission shall then advise the Board of Supervisors that such 

plans do or do not comply with the development policies of the county. Preliminary approval by the 

Board shall be binding as to the general intent and apportionment of land and improvements, but shall 

not be construed to render inflexible the ultimate design, specific uses or final plan of the project. 

B. Final Development Plan 

The applicant shall within one (1) year of the date of preliminary plan approval by the Board submit a 

final Development Plan identifying the location and the extent of uses and improvements as 

authorized in the approved preliminary plan complying with any stipulations of the Board. 

If the final plan is in conformity with the approved preliminary plan, a Resolution shall then be prepared 

for Board adoption as part of the Official Zoning Map and identified thereon appropriately. 

Amendment procedure shall then take place. 

C. Noncompletion 

Upon written notice of the abandonment--or upon expiration of three (3) years from the final approval 

by the Board of Supervisors of the Planned Area Development which has not by then been completed, 

71


shall be cause for the approval to be terminated by the Board after having given due consideration to 

the preservation of open space to that part of the project which has already been developed. 

18.14 SITE SIZE 

A Planned Area Development project in a Residential District shall contain an area of not less than five (5) 

acres; in other districts, not less than four (4) acres. 

72

LOADING AND PARKING AREA REQUIRED, FILLING 

STATIONS, BUFFER ZONE,, LANDSCAPING, OUTDOOR 

ADVERTISING SIGNS AND BILLBOARDS 

Art. 19 

ARTICLE 19: 

LOADING AND PARKING AREA REQUIRED, FILLING STATIONS, BUFFER ZONE, 

LANDSCAPING, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 

19.1 OFF-STREET LOADING SPACES REQUIRED 

In any district in connection with every building or part thereof hereafter erected having a gross floor area 

of ten thousand (10,000) square feet or more which is to be occupied by manufacturing, storage, 

warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry 

cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, 

there shall be provided and maintained on the same lot with such building at least one (1) off-street 

loading space plus one (1) additional such loading space for each twenty thousand (20,000) square feet or 

major fraction thereof of gross floor area so used in excess of ten thousand (10,000) square feet. 

A. Each loading space shall be not less than twelve (12) feet in width and forty (40) feet in length. 

B. Such space may occupy all or part of any required yard or court space. 

19.2 OFF-STREET PARKING AREAS REQUIRED 

A. In all districts in connection with every industrial, commercial, business, trade, institution, recreational 

or dwelling use, and similar uses, spaces for parking and storage of vehicles shall be provided in 

accordance with the following schedule: 

1. Automobile sales and service garages - fifty (50) percent of floor area. 

2. Banks, business and professional office - fifty (50) percent of floor area. 

3. Bowling alleys - five (5) spaces for each alley. 

4. Churches and schools - one (1) space for each eight (8) seats in a principal auditorium or one (1) 

space for each seventeen (17) classroom seats, whichever is greater. 

5. Dance halls, assembly halls - two hundred (200) percent of floor area used for dancing or 

assembly. 

6. Dwelling - one (1) parking space for each family or dwelling unit. 

7. Funeral homes, mortuaries - one (1) parking space for each five (5) seats in the principal 

auditorium. 

8. Furniture and appliance stores, household equipment or furniture repair shops over one thousand 

(1,000) square feet of floor area one hundred (100) percent of floor area. 

9. Hospitals - one (1) parking space for each four (4) beds. 

10. Hotels, lodging houses - one (1) space for each two (2) bedrooms. 

11. Manufacturing plants - one (1) space for each three (3) employees on the maximum working shift. 

12. Restaurants, beer parlors and night clubs over one thousand (1,000) square feet floor area - two 

hundred (200) percent of floor area. 

13. Retail stores, super markets, etc., over two thousand (2,000) square feet floor area - two hundred 

(200) percent of floor area. 

14. Retail stores, shops, etc., under two thousand (2,000) square feet floor area - one hundred (100) 

73




Art. 19 

percent of floor area. 

15. Sports arenas, auditoriums other than in schools - one (1) parking space for each six (6) seats. 

16. Theaters, assembly halls with fixed seats - one (1) parking space for each six (6) seats. 

17. Wholesale establishments or warehouses - one (1) space for each two (2) employees. 

B. In the case of any building, structure or premises, the use of which is not specifically mentioned 

herein, the provisions for a use which is so mentioned and to which said use is similar, shall apply. 

C. Where a lot does not abut on a public or private alley or easement of access there shall be provided 

an access drive not less than eight (8) feet in width in the case of a dwelling and not less than twentyfour 

(24) feet in width in all other cases leading to the loading or unloading spaces and parking or 

storage areas required hereunder in such manner as to secure the most appropriate development of 

the property in question, except where provided in connection with a use not permitted in a residential 

district, such easement of access or access drive shall not extend more than one hundred 100 feet 

form the boundary of the less restrictive Zoning District. 

D. Every parcel of land hereafter used as a public or private parking area including a commercial parking 

lot and equipment or vehicle storage yard shall be developed and maintained in accordance with the 

following requirements: 

1. No part of any parking space shall be closer than five (5) feet to an established street right-of-way 

or alley line. In case the parking lot adjoins an "R" District, it shall be set back at least five (5) feet 

from the "R" District boundary and shall be effectively screen-planted to conform to the 

requirements of this Article pertaining to the buffer zone and landscaping requirements found 

herein. 

2. Any off-street parking or loading area, including any commercial parking lot, for more than five (5) 

vehicles, shall be surfaced with an asphaltic or portland cement binder pavement or such other 

surfaces as shall be approved by the County Engineer so as to provide a durable and dustfree 

surface; shall be so graded and drained as to dispose of all surface water accumulation within the 

area and shall be so arranged and marked as to provide for orderly and safe loading or unloading 

and parking and storage of self-propelled vehicles. 

3. Any lighting used to illuminate any off-street parking area, including any commercial parking lot 

shall be so arranged as to reflect the light away from adjoining premises in any "R" District. 

E. Subject to the requirements of Article 19, off-street parking areas may be established in any "R" 

District that immediately joins a "C" or "M" District or its directly across an alley from a "C" or "M" 

District; provided, however, that such transitional use shall not extend more than one hundred (100) 

feet from the boundary of the less restricted zone. 

19.3 FILLING STATIONS 

A. No gasoline filling station or a commercial customer or employee parking lot for twenty-five (25) or 

more motor vehicles or a parking garage or automobile repair shop shall have an entrance or exit for 

vehicles within two hundred (200) feet along the same side of a street of any school, public 

playground, church, hospital, public library or institution for dependents or for children except where 

such property is in another block or on another street which the lot in question does not abut. 

1. Pump islands, light standards and related minor accessory equipment not involving repair work or 

servicing of vehicles other than for fuel, air and water shall be permitted in the yard areas provided 

no gasoline pump or fuel dispensing equipment shall be located within twelve (12) feet of any 

street right-of-way. 

74




Art. 19 

2. No oil draining pit or appliance for such purpose shall be located within twenty-five (25) feet of any 

"R" District boundary nor within twelve (12) feet of any street right-of-way line unless enclosed 

within a building. 

3. A curb of at least four (4) inches in height and width shall be required for the entire length of pump 

islands and shall be placed parallel to the islands near the sidewalk or right-of-way of the property. 

It shall be constructed of concrete, asphalt or other similar material. 

B. On all corner lots, all vehicular entrances to or exists from, and curb openings shall be set back a 

minimum of fifty (50) feet from the projecting intersection of curb lines and such openings shall not 

exceed forty-five (45) feet in width at the curb line. There shall be a minimum of twenty (20) feet 

measured along the curb line between any series of driveways. 

19.4 BUFFER ZONE REQUIRED 

A. Conditions 

The following conditions shall require a buffer between abutting districts: 

1. Any "C" or "M" District which abuts any "R" or "A" District shall be buffered as required in this 

Article. 

2. Any Mobile Home Park Residence District shall be buffered as required in this Article. 

B. Permissive Buffers 

Buffers required under the provisions of this Article or elsewhere in this Ordinance shall be 

accomplished by any one or approved combination of the following methods: 

1. A Buffer Wall 

Such shall be not less than six (6) feet in height; constructed of a permanent, low-maintenance 

material such as concrete block, cinder block, brick, concrete, precast concrete, tile block, 

earthen berm, etc.; the wall shall be designed by an architect or engineer for both structural 

adequacy and aesthetic quality; the use of weather resistant wood, metal or manufactured 

substitutes may be used as an accessory material for aesthetic quality. 

2. A Buffer Park 

Such park shall be not less than forty (40) feet in width in any "C" District and sixty (60) feet in any 

"M" District, designed and landscaped by a qualified architect, engineer or landscape architect; 

predominate planting shall be evergreen type trees, shrubs and plants so as to assure year-round 

effectiveness; density and height of planting shall be adequate to serve as a solid and 

unpenetrable screen. 

C. Burden of Provision of a Buffer 

The burden of provision and selection of the buffer shall be as follows: 

1. Where two different Districts, requiring a buffer between them, are both in an existing improved 

condition, the above requirement is not retroactive and should a buffer be desired, it shall be by 

mutual agreement between property owners or as otherwise provided by law. However, in the 

event of any or all of the improved property is abandoned, destroyed, demolished, etc., for the 

purpose of renewal, redevelopment, etc., that portion of such property being renewed, 

redeveloped, etc., shall be considered vacant land subject to the requirements herein. 

75




Art. 19 

2. Where one of two different Districts requiring a buffer between them is partially developed, the 

developer of the vacant land shall assume the burden. 

3. Where both Districts, requiring a buffer between them, are vacant or undeveloped except for 

agricultural use, the burden shall be assumed by the developer as the land is improved or 

developed. 

D. Waiver of Buffer Requirement 

Where the line between two districts, requiring a buffer, follows a street, right-of-way, railroad, stream, 

or other similar barrier, the requirement for a buffer may be waived, provided such waiver does not 

permit the exposure of undesirable characteristics of land use to public view. 

19.5 LANDSCAPING OF PARKING LOTS REQUIRED 

A. Conditions 

When a parking lot is determined to have met the qualifying criteria as developed herein, it shall be 

the responsibility of the developer to provide a detailed landscaping plan as prepared by a registered 

architect, landscape architect or engineer for the lot that upon approval shall be implemented on a 

schedule as agreed to by the Zoning Administrator. 

Continued maintenance of the landscaping materials shall be the responsibility of the property owners. 

Before a zoning permit can be finalized, the landscaping must be completed to the full extent of the 

landscape plan as approved. 

Any parking lot or designated area that is intended to accommodate ten (10) or more vehicles shall 

meet the requirements of this Article and shall provide that fifteen (15) percent of the gross area of the 

parking lot or area is devoted to screening and landscaping. This Article shall not be deemed 

applicable to frontages of automobile sales lots or other businesses which display vehicles or 

machinery out of doors. However, such businesses are still required to meet all other requirements 

established in this article which do not affect street frontage visibility as determined by the Zoning 

Administrator. 

B. Landscaping 

Landscaping and screening of parking lots required under the provisions of this article or elsewhere in 

this ordinance shall be accomplished by any one or an approved combination of the following 

methods: 

1. Screening 

It is required that for parking lots or designated parking areas that they shall be screened in such 

a manner as to reduce the visual impact made by such areas on surrounding properties and 

street frontages. This may be accomplished on strips of ground running the entire length of the lot 

on both side yard lines and street frontages which are not less than five (5) feet in width through 

the construction of a small earthen berm or small wall or fence not less than three (3) feet in 

height which is planted with a mixture of shrubs, plants, and other low to mid level height ground 

cover. Along with this, it shall be necessary to introduce shade trees in such a manner as to 

completely reduce the visual impact of the development from the area of not less than ten (10) 

feet in height. The intent of the screening is to address all visual access points from ground level 

to a height of thirty (30) feet and yet allowing visual access points to the business in such a 

manner that the store front is visible. 

All plantings and groupings shall be done in such a manner that the density and heights of the 

76




Art. 19 

plantings shall be adequate to serve as a solid and unpenetrable screen for each visual access 

area that is being addressed. 

If a wall is to be used as either a replacement of the berm or in conjunction with a planting design, 

it shall be constructed of permanent, low-maintenance material such as concrete, concrete block, 

cinder block, brick, precast concrete, tile block or other similar material which must reflect a 

cohesiveness with the design and materials used in the construction of the building. The wall 

shall be designed by an architect, landscape architect or an engineer for both structural adequacy 

and aesthetic quality. 

If a fence is to be used in place of a berm and in conjunction with a planting design, it shall be 

constructed of durable low maintenance material such as treated wood, cedar or redwood, metal 

or other similar material. The architect, landscape architect or engineer designing the landscape 

shall include a statement concerning the use of selected materials and the compatibility of the 

fence with the design and materials used in the construction of the building(s) for which the 

parking lot or area serves. 

2. Landscaping of Interior Lots 

In conjunction with the screening of a parking lot or parking area, it shall be necessary to include 

on the overall landscaping design and to install islands throughout the parking lot or area in which 

a combination of plantings are used to address low to high level fields of vision and which divide 

the expanse of the parking lot or area and provide relief from the impact of the sun's heat and 

glare. 

An island shall be a minimum of five (5) feet in width and fifteen (15) feet in length and shall be 

landscaped with shrubs, plants and ground cover. Shade trees shall also be provided in such a 

manner that no island has less than two (2) shade trees or the trees are planted at intervals of no 

greater than fifteen (15) feet. The intent is to provide plantings in such a manner as to serve as a 

solid and unpenetrable screen, on both the ground and along the tree line. Islands shall be 

provided throughout the parking lot or area in such a manner that at least every other row of 

parking abuts either an island or a section of the required screening. In some instances it may 

require that additional lot area be reserved for use for landscaping and screening in addition to the 

minimum percentage that is required in this or any section of the ordinance. 

C. Planting Materials 

Planting materials need only be deciduous to the growing region Cerro Gordo County is located in and 

which will also meet the requirements as established herein. This section is intended to be flexible in 

order to accommodate the diversity of combinations of plantings and physical structures in order to 

allow the most effective and aesthetically pleasing environment as possible. 

D. Burden of Provision of Landscaping 

The burden of provision of the requirements established herein shall be with the developer of the 

property. After the initial installation of the material, it shall be the responsibility of the property owner 

from thereon to insure the continual maintenance of both physical structures and the planting 

materials used. The repair and/or replacement of either structures or plantings due to damage, death 

or age, shall be done in a timely manner not to exceed a normal growing season. 

19.6 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 

A. Purpose 

The purpose of this section is to establish minimum requirements to regulate the location, use, and size of 

signs within the various zoning disricts while providing for the protection and enhancement of the aesthetic 

77




Art. 19 

environment, creating an environment that promotes economic development, and protecting and 

improving pedestrian and traffic safety. Further, it is the intent of this section to permit and regulate signs 

in compliance with the Code of Iowa, and such administrative rules retulating outdoor advertising. 

B. Definitions 

The following definitions are to be used in the administration of this section: 

ADVERTISING SIGN 

A sign that directs attention to a business or profession conducted, or to a product or service sold, offered, 

rented, or manufactured, or to an entertainment offered on or off the premises on which the sign is 

located. 

BUILDING-MOUNTED SIGN 

A sign fastened to, supported by, or painted on a building or wall and includes terms such as wall sign, 

awning sign, marquee sign, and roof sign. 

DIRECTIONAL SIGNS, PUBLIC 

Signs normally erected by a governmental entity and: (1) for guiding the safe movement of pedestrian or 

vehicular traffic; (2) containing directional information about public places owned or operated by a 

governmental entity; or (3) other signs erected for a public purpose including OFFICIAL SIGNS as defined 

herein. 

FACE 

That part of an advertising sign that is devoted to the display of advertising and that is visible to traffic 

proceeding in any one direction. 

FREESTANDING SIGN 

A permanent, non-movable sign not building-mounted and which is supported by one or more uprights or 

braces in or upon the ground. The definition includes billboards. 

OFFICIAL SIGN 

A sign or notice placed and maintained by a public agency, including its officers and agencies, within their 

jurisdiction, and pursuant to and in accordance with direction or authorization contained in federal, state, 

or local law, for the purposes of carrying out an official duty or responsibility. The definition includes a 

historical marker lawfully erected by a state or local government agency. 

OFF-PREMISE SIGN 

An advertising sign which is not an on-premise sign. 

ON-PREMISE SIGN 

An advertising sign that advertises the sale or lease of, or activities being conducted upon, the property 

where the sign is located and: (1) consists solely of the name of the establishment or that identifies the 

establishment’s principal or accessory products or services offered on the property; (2) is located on the 

same property as the advertised activity or the same property as that advertised for sale or lease; and (3) 

is limited to advertising the property’s for sale or lease, or identifying the activities located on or products 

or services available on the property. 

SIGN OR SIGNAGE 

Any object, device, display, or structure, or part thereof, visible from a the public right-of-way, which is 

used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, 

business, product, service, event, or location by any means, including but not limited to words, letters, 

figures, designs, symbols, fixtures, colors, illumination, or projected or electronic images. 

SIGN AREA 

The face or display surface used for the advertising message, exclusive of supporting structures provided 

78




Art. 19 

there is no advertising on said supporting structures. 

TEMPORARY SIGN 

A sign that is not permanent, building-mounted, or attached to or in the ground and includes portable signs 

with or without a hitch and wheels, or signs constructed of light material designed or intended to be 

displayed for a short period of time. 

C. General Provisions Applying to All Signs 

1. Distances from Intersections. No advertising sign nor any part thereof shall be placed within a 

distance of three hundred (300) feet from the nearest point of on or in the intersection of a road 

right-of-way with another road right-of-way or intersection with a railroad right-of-way. A buildingmounted 

advertising sign is permissible within such distances if the sign does not cause any 

greater obstruction of vision or distraction than that caused by the building itself. 

2. Distances from Certain Uses. No advertising sign shall be located within three hundred (300) feet 

of the nearest property line of a parcel containing a residence; church; school; historical 

monument; federal, state, county, or municipal park or public use area; or a cemetery. 

3. Prohibited Signs. Signs meeting any of the following provisions are prohibited: 

a. Signs placed in, encroaching on, or hanging over the right-of-way of any federal, state, county, 

municipal, or private street or road except those authorized by this Ordinance. 

b. Non-public or unofficial signs creating a traffic hazard by: (1) attempting or appearing to 

attempt to direct the movement of traffic; (2) interfering with, imitating, or resembling any 

official sign, signal, or device; (3) impairing the vision of any motor vehicle driver; (4) 

obstructing the view of any street, road, or railroad to the extent it poses a danger; or (5) 

obscuring or physically interfering with an official traffic control sign, signal, or device. 

c. Signs erected or maintained upon trees, painted or drawn upon rocks or other natural 

features. 

d. Advertising signs affixed to or painted on a motor vehicle, travel trailer, semi-trailer, utility 

trailer, or similar device, except those in transit or in use. 

e. Advertising signs illuminated by flashing, intermittent, or animated or moving light or lights, or 

automated signs that change the advertising message, except those giving public service 

information such as time, date, temperature, weather, and news. 

f. Signs with illumination used in such a way that beams or rays of light are directed at any 

portion of the main traveled way or that cause glare or otherwise impair the vision of the driver 

of any motor vehicle, or otherwise interferes with any driver’s operation of a motor vehicle. 

4. Advertising signs located along Interstate, freeway-primary, and non-freeway primary highways 

will be required to comply with the Code of Iowa, and such administrative rules regulating outdoor 

advertising, and obtain approval from the Iowa Department of Transportation. 

D. Signs Permitted in All Zones. The following signs are permitted in all zones without a permit, provided 

they comply with the requirements of Section 19.6(C) and do not exceed the requirements herein: 

1. Farm Product Signs. Advertising signs located on any farm which do not exceed 20 square feet in 

size and which relate in whole or in part to farm products, merchandise, or service sold, used, 

produced, manufactured, or furnished on such farm including signs indicating the type of seed or 

hybrid used or farm product supplier affiliation. 

79




Art. 19 

2. For Sale Signs. Real estate signs, not exceeding 20 square feet in size, advertising the sale, 

rental, or lease of property upon which they are located. 

3. Church, Municipal Recognition, Institutional or other Public Signs. Church, municipal recognition, 

institutional or other public signs of a non-profit nature and which do not singularly exceed 20 

square feet in size or when used in a series do not exceed 35 feet in their total aggregate. 

4. Utility, Safety, and Public Agency Signs. Miscellaneous traffic or other signs of a public agency, 

utility, or common carrier such as railroad crossing signs, and signs warning of danger, hazards, 

or unsafe conditions. 

5. Required Signs. Signs and notices required to be displayed, maintained, or posted by law or by 

any court or governmental order, rule, or regulation. 

6. Incidental signs. Incidental signs, including no spraying, no hunting, and no trespassing signs. 

7. Agricultural Products and Produce. Signs advertising the on-premise sale of agricultural products 

and produce. 

8. Construction Signs. Construction signs identifying the architects, engineers, contractors, or other 

individuals involved in the construction of a building on property upon which such a sign is located, 

or directing traffic related to construction. Such signage shall not exceed thirty-two (32) square 

feet in area per sign and shall not exceed ten (10) feet above ground level. Such signs shall 

remain no longer than ninety (90) days following the initial occupation of the buildings. 

9. Political Signs. Political signs not in violation of Iowa Code Section 68A.406 (2007), announcing 

candidates seeking public office, a political or ballot issue, or a sign containing other information 

relating to a specific election. 

E. Sign Regulations by Zoning District. 

1. All Agricultural Districts. 

a. One nameplate per residence, mounted on a structure or free-standing, shall be allowed 

provided the nameplate is limited to two (2) sides, does not exceed twelve (12) square feet in 

size on any side, and is non-illuminated. Nameplates shall be limited to the address, name(s) 

of occupants, and/or terms descriptive of any farming operation (for example, “Century Farm” 

or “Smith Acres”). If not a farming operation, then no information other than address and/or 

name(s) of occupants are permitted. Such nameplates shall not require a permit. 

b. No off-premise advertising sign shall exceed thirty-two (32) square feet in area on a single 

face or a height of more than twelve (12) feet above finished grade, exclusive of supporting 

structures. All parts of such advertising signs shall be limited to two faces. Such signs shall 

be placed no less than twenty-five (25) feet from the nearest right-of-way line and meet 

required side and rear yard setbacks for the district in which it is located. No off-premise 

advertising sign shall be placed within six hundred sixty (660) feet of another lawful offpremise 

advertising sign. Off-premise signs shall comply with the Code of Iowa as applicable. 

c. One illuminated, on-premise sign for churches, public buildings, hospitals and institutions 

permitted in the A-1 and A-2 districts shall be allowed provided such signs do not exceed 

twenty-four (24) square feet in face area on each side, do not exceed six (6) feet in height 

above finished grade, and are be located in the front yard. Such signs shall be placed no less 

than twenty-five (25) feet from a right-of-way line and meet required side and rear yard 

setbacks for the zoning district in which it is located. 

d. Temporary signs of a nature listed in Section 19.6(D) shall be allowed without a permit as long 

80




Art. 19 

as all requirements of this Ordinance are met. 

e. Illuminated signs are prohibited, except as authorized by this Ordinance. 

2. All Residential Districts. 

a. One nameplate per residence, mounted on the residence or free-standing, containing only 

names of occupants and/or the address of the residence shall be allowed provided the 

nameplate is limited to two (2) sides and does not exceed one and one-half (1½) square feet 

in size on any side. Nameplates may be illuminated by recessed or landscape lighting. Such 

nameplates shall not require a permit. 

b. Advertising signs shall be prohibited, unless authorized as part of a home occupation or by 

variance or special use permit granted by the Board of Adjustment. 

c. One double-faced, illuminated, on-premise sign for churches, public and buildings, hospitals 

and institutions permitted in the R-1, R-2, R-3, and R-4 districts shall be allowed provided 

such signs do not exceed twenty-four (24) square feet in area on each face, do not exceed six 

(6) feet in height above finished grade, and are located in the front yard. Such signs shall be 

placed no less than ten (10) feet from a right-of-way line and meet required side and rear yard 

setbacks for the zoning district in which it is located. 

d. One double-faced, illuminated, on-premise sign shall be allowed for a permitted use in an R-4 

district, provided that such sign does not exceed twenty-four (24) square feet in area on each 

face, and do not exceed six (6) feet in height above finished grade. Such signs shall be 

placed no less than ten (10) feet from a right-of-way line and meet required side and rear yard 

setbacks for the R-4 district. 

e. Temporary signs of a nature listed in Section 19.6(D) shall be permitted without a permit as 

long as all requirements of this Ordinance are met. 

f. Illuminated signs are prohibited, except as authorized by this Ordinance. 

3. All Commercial and Industrial Districts. 

a. Signs permitted in Residential Districts are permitted in the Commercial and Industrial 

Districts. 

b. On-premise Advertising Signs. On-premise advertising signs not in violation of the Code of 

Iowa shall be permitted as follows: 

(1) Advertising signs shall be limited to a maximum of one hundred (100) square feet of total 

advertising surface area on any one (1) face, and limited to a maximum of two (2) faces. 

(2) On any single development property, no more than one (1) advertising sign shall be 

permitted for every one hundred fifty (150) feet of adjoining highway, road or frontage 

road frontage. A minimum of one hundred fifty (150) foot spacing shall be maintained 

between advertising signs, whether on or off the property. In the case of shopping 

centers or other groupings of businesses, individually sized-limited advertising signs may 

be grouped on one sign that meets all of the requirements of this Ordinance. 

(3) Where the property fronts upon a frontage road, such adverting signs may be located 

anywhere within the buildable area or within the front yard of the developed property. 

Where the subject property does not front upon a frontage road, a twenty-five (25) foot 

front yard setback shall be required of all advertising signs, except within the C-1 Local 


81




Art. 19 

(4) Side yard and rear yard setbacks, including corner lot side yards on the street side, shall 

be not less than those specified for structures in the respective districts. 

(5) No advertising sign shall overhang adjacent property lines or frontage road, road, or 

highway right-of-way lines. 

(6) The advertising sign shall advertise only the product produced, the business conducted or 

the manufacturing conducted upon the premises. 

(7) Building-mounted advertising signs shall be limited to a sign area not to exceed twentyfive 

(25) percent of the area of the front wall of the principal building occupied by the 

commercial or industrial operation. 

(8) No free-standing or building-mounted advertising sign shall exceed the maximum height 

permitted for a structure within the zoning district in which the sign will be located. 

(9) One (1) temporary, on-premise advertising sign shall be permitted on a lot for a period of 

no more than thirty (30) days without a permit. 

c. Off-Premise Advertising Signs. Off-premise advertising signs are permitted only on 

developed commercial and industrial-zoned lots. Off-premise advertising signs not in violation 

of the Code of Iowa shall be permitted as follows: 

(1) Front, side, and rear yard setbacks, including corner lot side yards on the street side, shall 

be not less than those specified for structures in the respective districts. 

(2) The advertising sign shall not exceed the lesser of five hundred (500) square feet of 

advertising surface area on any one (1) face, with a maximum of two (2) faces, or an area 

in square feet on any one (1) face which is equal in number to the front foot width of the 

property on which the sign is located. 

(3) The advertising sign shall not be located within six hundred sixty (660) feet of another 

lawful off-premise advertising sign. 

(4) Such advertising signs may be illuminated subject to the restrictions of Section 

19.6(C)(3)(e) and (f). 

F. Permit Requirements. 

1. Any sign that is to be erected, modified, or placed on a lot or building shall obtain a permit, unless 

not required to do so under this Ordinance. The owner of such sign shall secure a sign permit 

prior to the sign being erected, constructed, reconstructed, moved, enlarged, altered or 

illuminated. Non-compliance with this section shall result in the assessment of the administrative 

fee stated in Section 22(I) of this Ordinance in addition to the permit fee for the sign. 

2. No permit of any kind shall be issued for an existing or proposed sign unless such sign is in 

conformity with these regulations. 

3. An application for a sign permit shall be accompanied by the following: 

a. The dimensions of the sign face; and where applicable, the dimensions of the wall surface to 

which the sign will be attached. 

b. The dimensions of the sign support structure on a free-standing sign. 

82




Art. 19 

c. A dimensioned site plan showing the location of the sign in relation to the boundaries of the lot 

and all existing and/or proposed buildings or structures on the lot. 

d. A dimensioned elevation drawing of the proposed sign, including the support structure of a 

free-standing sign, if applicable. 

4. Fees. Upon approval of an application for a sign permit, the owner of the sign shall pay the 

required fee in accordance with the following schedule: 

a. $25.00 if the advertising area of the sign does not exceed fifty (50) square feet. 

b. $50.00 if the advertising area of the sign exceeds fifty (50) square feet but does not exceed 

two hundred (200) square feet. 

c. $100.00 if the advertising area of the sign exceeds two hundred (200) square feet. 

G. Non-Conforming Signs. 

1. Signs that do not conform these regulations, and existing at the time of adoption of these 

regulations, shall not be altered or enlarged in any way to exacerbate the non-conforming 

condition. The non-conforming sign shall not be moved or replaced unless to bring the sign more 

into conformity with these regulations. 

2. If a non-conforming sign is destroyed, then replacement shall be according to the requirements of 

this Ordinance. 

3. The message of a non-conforming sign may be changed, but shall not create any new nonconformity. 

83

SPECIAL USES Art. 20 

ARTICLE 20: 

SPECIAL USES 

20.1 REGULATIONS 

The regulations set forth in this Article or elsewhere in this Ordinance which are applicable shall apply to 

the special uses listed in this Article. It is recognized that certain uses possess characteristics of such 

unique and special form as to make impractical their being included automatically in any class of use as 

set forth in the various districts established by this Ordinance; therefore, these uses shall be subject to 

certain conditions and standards set forth in this Article. 

The Board of Adjustment may by special permit after public hearing authorize the location of any of the 

following structures or uses in the districts and according to the regulations specified below. In approving 

any "special use" the Board of Adjustment may prescribe appropriate conditions and safeguards; 

however, a special use permit may not be granted for a use in a zoning district from which it is specifically 

excluded by the provisions of this Ordinance. In addition, special permits in connection with which a 

violation occurs shall be subject to revocation by the Board of Adjustment. 

20.2 SPECIAL USES 

A. Any public building erected and used by any department of the Township, County, State or Federal 

Government. Any District. 

B. Airport, heliport, or private landing field. A-1, A-2, C-2, M-1, and M-2 Districts provided that the 

following minimum requirements are met: 

1. An operational plan shall be developed for the facility, and subsequent activities shall be 

conducted in accordance with the plan. 

2. Additional controls may be established to control noise during the operation of the facility, 

including but not limited to limitations on hours of operation. 

3. Site lighting shall be of the least conspicuous type and exist only to satisfy Federal Aviation 

Administration (FAA) requirements. Red lights shall be preferable to white lights. 

4. All repair or aircraft and machinery shall be conducted inside an enclosed building. 

5. Any building, hanger, or other structure associated with the use shall be setback one hundred 

(100) feet from all property and road right-of-way lines. 

6. The Board of Adjustment may require berms or vegetative buffers as deemed necessary to 

mitigate conflicts between the facility and other land uses in the vicinity. 

7. The applicant shall demonstrate compliance with all state Department of Transportation and.or 

FAA rules, regulations, and standards for the facility and file documentation of such compliance at 

the time of application. 

8. No facility is allowed in an area encompassed by the Airport Zoning Ordinance in Article 5, unless 

documented approval has been received from the FAA. 

C. Bed and Breakfast Inn. 

1. Minimum Development Requirements: 

a. Operated in a residence only. 

b. Operated as an accessory use to the owner's residential use. The Bed and Breakfast Inn 

shall be operated by the owner of the property only. 

c. Check-in/check-out time shall be between 9:00 a.m. and 8:00 p.m. only. 

d. Breakfast shall be the only meal served to guests. 

e. No long term rental of rooms shall be permitted. The maximum stay for guests shall be seven 

(7) days. 

f. No cooking facilities shall be allowed in the guest rooms. 

g. If the use at any time becomes unduly intrusive to the neighborhood, the permit may be 

revoked at the discretion of the Board of Adjustment. The decision of the Board of 

Adjustment shall be final 

h. The historic character of the structure shall be maintained. 

i. Bed and Breakfast Inns shall comply with all applicable adopted County fire and building 

84


codes. 

j. The number of rooms permitted in the Bed and Breakfast Inn shall be specified in the special 

use permit. 

k. Parking shall be provided at a ratio of one off-street parking space for each guest room plus 

two (2) spaces for the owner's unit. In addition, one space shall be provided for each 

employee of the shift of maximum employment. 

l. One sign shall be permitted subject to approval of the Board of Adjustment at the time of the 

special use permit consideration. Such sign shall be compatible with the historic character of 

the structure in design, color and materials. The sign shall not exceed 12" wide by 16" long 

and shall be mounted at a maximum height of four (4) feet. Modification of the sign, at a later 

time, shall be subject to the approval of the Zoning Administrator. 

m. Bed and Breakfast Inns shall comply with the design regulations for the underlying zone in 

which the site is located. 

85


D. Establishments or enterprises involving large assemblages of people or automobiles including, but not 

limited to: 

1. Amusement parks. 

2. Carnivals, circus and fairgrounds, except as hereinafter provided. 

3. Commercial sport or recreational enterprises, including amphitheaters, convention halls and 

auditoriums. 

4. Rodeo grounds, music festivals and sports festivals. A-1,A-2, C-1, C-2, M-1 and M-2 District. 

E. Garbage Disposal. A-1, A-2, M-1 and M-2 Districts. 

F. Go-Kart tracks, racetracks and dragstrips. A-1, A-2, M-1 and M-2 Districts. The requirements of 

Article 18.12 (B) and (C) shall be adhered to. 

1. Minimum Development Requirements: 

a. Minimum lot area - twenty (20) acres 

b. Minimum lot width - six hundred (600) feet 

c. Minimum front yard setback - two hundred (200) feet 

d. Minimum side yard - two hundred (200) feet 

e. Minimum rear yard - two hundred (200) feet 

f. Off-street parking. A minimum of one and one-half (1-1/2) parking spaces for each racer 

based on the maximum capacity of the track plus an additional one hundred (100) parking 

spaces for spectators shall be provided. 

g. Lighting. Any lighting provided shall be so arranged that it will not shine directly onto adjacent 

properties. 

h. Buffering. Noise buffering in the form of landscaping or fencing may be required by the Board 

of Adjustment as needed according to its discretion. 

i. Distance from existing dwellings. No track shall be located closer than six hundred (600) feet 

from any existing dwellings other than dwellings owned by the applicant for the proposed 

track. 

j. Surfacing. The track shall be surfaced with asphalt or treated with oil and/or water to reduce 

dust. 

G. Golf courses and country clubs. Any district unless otherwise prohibited. 

H. Hospitals, sanitariums, and institutions of an educational, religious, philanthropic or charitable in 

character. Any district except M-1 and M-2. 

I. Public and private cemetery, including a mausoleum or crematory. R-1, R-2, R-3, R-4, C-1 and C-2 

Districts. 

J. Commercial microwave, radio and television towers, public utility structures and accessory equipment, 

including their transmitting stations and towers, and wireless telecommunications facilities. Any 

district except residential provided the following requirements are met: 

1. Application. In making application for a Special Use Permit, the applicant shall file the following in 

addition to the standard application for Special Use Permit: 

a. A site plan, drawn to scale, identifying the site boundary; tower or facility location; height of 

structure(s); guy wires and anchors; and existing and proposed structures including accessory 

structures. 

b. If the applicant is not the site owner, written authorization from the site owner. 

c. The applicant shall provide evidence that available public or private sites are unsuitable for 

operation of the facility under applicable telecommunications regulations and applicant's 

technical design requirements. A new tower shall not be permitted if co-location can be found 

upon an existing or alternative tower structure that meets engineering requirements of an 

applicant's wireless network within a one (1) mile radius of the proposed new tower site. Cost 

shall not be used as a reason against co-locating of antennas. 

d. Evidence that all permits required by any other governmental entity have been obtained, or, if 

all such permits cannot practicably be obtained prior to the public hearing, the written 

86


acknowledgement by the applicant that any sepcial use permit granted will be contingent upon 

the applicant obtaining all such permits and providing conclusive evidence thereof to the 

Administrative Officer, as the latter may require. 

2. Conditions. Any applicant shall provide documentation that all of the following applicable 

conditions will be met for all towers: 

a. The tower shall be constructed or easily modifiable, within thirty (30) days, to support the 

equipment of at least three (3) communications companies. 

b. Towers and telecommunications facilities shall be of camouflage design, if possible. 

Examples of camouflage facilities include, but are not limited to, architecturally screened roofmounted 

antennas, antennas integrated into architectural elements, communications and 

telecommunications towers designed to blend into the surrounding environment or to look like 

an object other than a tower. Where camouflage design is impossible or impractical, the 

tower shall be built of materials that make it nearly invisible. Lighting on the tower shall be of 

the least conspicuous type and exist only to satisfy Federal Aviation Administration (FAA) 

requirements. 

c. The tower owner and the tower operator shall provide proof of adequate liability insurance in 

writing, to the Administrative Officer of Cerro Gordo County for Planning and Zoning, under 

such further conditinos and in such amounts as the Board of Adjustment or the Administrative 

Officer may direct, but in no event shall such proof be required more often than annually. 

d. The base of the tower shall be at least the height of the tower from any public right-of-way and 

any existing principal or accessory structure, other than the base station. Guy wires, guy 

anchors, and base station structures shall comply with all setbacks for the zoning district in 

which they are located. No guy anchors, towers, or base station structures shall be located in 

an easement located on the property except that held by the applicant. 

e. Any signal interference complaints associated with the tower or related equipment shall be 

addressed within thirty (30) days in accordance with Federal Communications Commission 

(FCC) rules and procedures. 

f. The tower and all appurtenances shall be removed upon the end of its useful life and the site 

restroed to its condition prior to tower placement within one hundred eighty (180) days. 

g. Access from any public road shall be subject to the standards of the County Engineer. An 

access permit shall be obtained from the County Engineer prior to construction. 

h. A zoning permit shall be applied for and approved, subject to Article 22 of the Zoning 

Ordinance, prior to any construction. 

i. A sign shall be placed on the base station structure or at the base of the tower that identifies a 

name and phone number of whom to contact in case of emergency. No advertising device is 

permitted anywhere on the facility except as permitted by this Ordinance. 

3. Exceptions. The Special Use Permit procefure shall not apply where: 

a. An applicant proposes to add an antenna to an existing tower and the addition of such 

antenna will not increase the total height of the tower. 

In such cases, the applicant shall file an Application for Zoning Certificate for review by the 

Zoning Administrator, along with evidence that the required FAA and FCC permits have been 

obtained. 

4. Transmission lines. The routing of transmission lines shall be restricted to locations that minimize 

the disruption of agricultural activity and developed residential areas. 

K. Sewage treatment plants and waste stabilization lagoons, public or private; and any building, 

structure, or land used by a public or private utility service for the purpose of transmitting power, 

liquids or gases. Also, newspaper distribution buildings. No part of any treatment facility (structure or 

levee) shall be closer than two hundred (200) feet from any property line or road right-of-way. The 

requirements of Article 18.12 (B) and (C) shall be adhered to. 

L. Explosive manufacture or storage provided that no special permit for the storage of explosives may be 

issued unless the proposed location of the magazine or magazines for the storage of explosives 

complies with the current American Table of Distances for Storage of Explosives as revised and 

approved by the Institute of Makers of Explosives and that all current rules and regulations are 

followed. A-1, A-2 and M-2 Districts only. 

87


M. Animal Rescue Leagues. A-1, A-2 and M-2 Districts only. 

N. Dumps, including sanitary landfill. A-1, A-2, M-1 and M-2 Districts only. 

O. Commercial swimming pools, fishing lakes, gun clubs, skeet shooting ranges and similar uses. A-1 

and A-2 Districts only. 

P. Mobile Home Parks. A-1 and R-4 Districts. 

1. Principal Permitted Uses: 

a. Mobile Home Parks, in accordance with regulations of the State of Iowa and minimum 

requirements contained herein, but not including mobile home sales and display area. 

No part of any park shall be used for non-residential purposes except such uses that are 

required for the direct servicing and well-being of park residents and for the management and 

maintenance of the park. This shall in no way prohibit the sale by a resident owner of a 

mobile home located on a mobile home stand and connected to the pertinent utilities. 

2. Accessory Uses: 

a. Accessory uses may include common facility service buildings which provide laundry facilities, 

a semi-public swimming pool, short order food service, accessory supplies, vending 

machines, etc.; also park management buildings, maintenance building, community building, 

one dwelling unit to be occupied by the owner or administrator, and other uses of a similar 

nature. All such buildings shall be located within the central "park" area, and shall be 

restricted to the use of the park occupants. 

b. One permanent identification sign shall be permitted at any main entrance to a Mobile Home 

Park. Such sign shall be of ornamental metal, stone, masonry, or other permanent material 

and shall indicate only the name of such Mobile Home Park. Such signs shall not exceed 

twenty (20) square feet in surface area. 

3. Height Regulations: 

a. No mobile home or accessory building shall exceed twenty (20) feet in height. 

4. Lot Area, Lot Frontage and Yard Requirements: 

a. The minimum area proposed for a Mobile Home Park shall have at least ten (10) acres of 

gross development area. The maximum density allowed for the gross development area shall 

be eight (8) mobile home units per gross acre. 

b. All Mobile Home Park perimeter yard requirements shall be not less than thirty-five (35) feet. 

c. No part of any mobile home space shall be closer to any public street upon which the park 

adjoins than seventy-five (75) feet; however, interior park streets may be located within the 

setback area. 

d. The individual mobile home lot shall contain not less than 4,500 square feet in area with a 

minimum depth of ninety (90) feet. Each lot shall have a front yard not less than fifteen (15) 

feet in depth measured from the edge of the surfaced private street to the closest point of the 

lower face of the mobile home. Side and rear yards shall be provided and maintained so as 

to provide a minimum separation at the nearest point between mobile homes, and other 

buildings and structures on adjoining lots, of at least twenty-five (25) feet; however, this may 

be reduced to fifteen (15) feet between a mobile home and a garage or other accessory 

structure on adjoining lots, provided the garage or accessory structure has a firewall. Any 

roof, canopy, carport, or other accessory enclosure, whether attached to or detached from a 

mobile home, shall be distant at least fifteen (15) feet from its nearest point to a mobile home 

on an adjacent lot. No accessory enclosure or detached structure shall be permitted in the 

front yard setback area of the mobile home lot. 

e. A minimum of two hundred fifty (250) square feet for each lot shall be provided for one or 

more recreational areas which shall be easily accessible to all park residents. The required 

recreational area shall be computed in addition to the minimum lot area specified herein. 

5. Parking: 

a. A minimum of two (2) off-street car spaces for each mobile home lot shall be provided. These 

required parking spaces, or parking areas, shall be so located as to provide convenient 

access to the mobile home, but shall not exceed a distance of two hundred (200) feet from 

88


the mobile home that it is intended to serve. All parking areas shall be constructed with a 

concrete or asphaltic concrete surface. 

6. Streets: 

a. The entrance road connecting the park streets with a public street shall have a minimum road 

pavement width of thirty-one (31) feet, measured back to back of curbs. All interior streets 

shall be not less than twenty-eight (28) feet in width, measured back to back of curbs. 

b. All streets shall be constructed with either hot mix asphaltic concrete or Portland cement 

concrete with an approved curb to provide for drainage. 

7. Mobile Home Stands: 

a. The area of the mobile home stand shall be improved to provide an adequate foundation for 

the placement and tie-down of the mobile home, thereby securing the superstructure against 

uplift, sliding, rotation and overturning. 

(1) The mobile home stand shall be constructed in such a manner that it will not heave, shift, 

or settle unevenly under the weight of the mobile home due to inadequate drainage, 

vibration or other forces acting on the superstructure. The mobile home stand shall be 

constructed at a minimum with six (6) inch deep by thirty (30) inch wide poured concrete 

ribbons with 6x6#10 wire mesh reinforcing and of sufficient length to support all wheels 

and undercarriage supports of any mobile home that may be placed on the mobile home 

stand, or by another method which will provide equal or better stability and which is 

approved by the Administrative Officer. 

(2) The mobile home stand shall be provided with anchors, arrowhead anchors, or other 

devices insuring the stability of the mobile home. 

(3) Tie-down or anchors shall be placed at least at each corner of the mobile home stand to 

provide a readily accessible anchor for the mobile home and each shall be able to sustain 

a minimum tensile strength of two thousand eight hundred (2800) pounds. 

8. Skirting: 

a. Skirting of a permanent type material and construction shall be installed within fourteen (14) 

days to enclose the open space between the bottom of a mobile home floor and the grade 

level of the mobile home stand. This skirting shall be maintained in an attractive manner 

consistent with the exterior of the mobile home and to preserve the appearance of the Mobile 

Home Park. 

9. Utilities: 

a. Sewer and water facilities shall be provided for each Mobile Home Park space in accordance 

with the requirements of the County Department of Health. Any lagoons, or other treatment 

facility, constructed in conjunction with the development, shall be located not less than 

seventy-five (75) feet from any public road or street or lot line (in the case of a lagoon, this 

distance shall be measured from the outside toe of the levee slope). The provisions of this 

paragraph do not require a "Special Use Permit". 

10. Site Plan: 

a. Prior to the issuance of a "Zoning Permit" for the construction of a Mobile Home Park, a 

comprehensive site plan shall be submitted for review and approval of the Board of 

Adjustment. 

b. The site plan shall be prepared at a scale of not less than 1" = 100'. 

c. The Board of Adjustment may approve said plan or require such changes thereto as are 

deemed necessary to carry out the spirit and intent of this Ordinance. The site plan shall 

show, as a minimum, the following: 

(1) Name and address of owner-developer. 

(2) Location and legal description of the mobile home development. 

(3) The area and dimensions of the tract of land. 

(4) The number, location, and size of all mobile home lots and parking facilities. 

(5) The location and width of roadways and walkways. 

(6) The location of water and sewer lines, fire hydrants, and riser pipes. 

(7) Plans and specifications of the water supply and refuse and sewer disposal facilities. 

(8) Plans and specifications of all buildings constructed or to be constructed within the mobile 

home development. 

(9) The location and details of lighting and electrical systems. 

89


(10) The location of recreation areas and facilities. 

(11) A buffer or landscaping as required in Article 19. 

11. After Board of Adjustment approval and before issuance of required permit, it shall be the 

responsibility of the developer to either post a performance or guarantee bond or establish an 

escrow account which is equal to one hundred (100) percent of the proposed public 

improvements as provided by a certified engineer. These funds or bonds will be made payable to 

the County in the event that the developer is unable to finish the improvements. It is also the 

responsibility of the developer to provide proof of such measures to the extent which is required to 

suffice the Board of Adjustment. 

Q. Travel Trailer Parks. Any District except M-1 and M-2. 

1. Minimum Requirements for Park: 

a. Front Yard. Same as district or fifty (50) feet, whichever is greater. This requirement shall 

apply to any and all roads or streets upon which "park" abuts. 

b. Side Yard. Thirty-five (35) feet. 

c. Rear Yard. Thirty-five (35) feet. 

d. Minimum Area. One and one-half (1-1/2) acres. 

e. Maximum Density. Twenty (20) unit spaces per gross acre of park site. 

f. Drives. Twenty-five (25) feet in width with asphaltic concrete surface. 

g. A Common Service Building providing laundry facilities, short order food service, accessory 

supplies, etc., may be included in the "park" permitted in the A-1 and A-2 Districts, provided 

such building shall not be visible to passing traffic; and shall be restricted to the use of the 

park occupants. Such service buildings shall be permitted in the C-2 District providing such 

use shall conform to the requirements provided in the C-2 District Regulations. 

h. The Rear and/or Side Yards shall be screened from adjacent property's visual access by 

planting screen not less than ten (10) feet in width, or by an unclimbable fence wall in 

accordance with Article 19. 

2. Requirements for "Travel Trailer" Spaces: 

a. Minimum Space Size. Twenty (20) feet by fifty-five (55) feet. 

b. Minimum Space Area. One thousand one hundred (1,100) square feet. 

c. Off-Drive Parking. One (1) parking space for and within the area of each "Travel Trailer" 

space. 

d. Minimum Front Yard. Ten (10) feet. 

e. Minimum Rear Yard. Five (5) feet. 

f. Minimum Side Yard. Five (5) feet. 

g. Travel Trailer Separation. The minimum distance between any two (2) travel trailers shall be 

not less than ten (10) feet. 

3. Site Plan Requirements: 

a. A site plan of the park site shall be required for review and consideration of a "Special Use" 

permit. The site plan shall be prepared at a scale of not less than 1" = 100'. 

b. All provisions to meet the requirements of this Ordinance shall be clearly illustrated. 

c. All existing drainage and public utility facilities shall be shown; and proposed methods of 

storm water removal, waste removal and water distribution shall be stated on the plan. 

Detailed requirements shall be approved by the appropriate county department prior to the 

issuance of a special permit. 

d. Final Travel Trailer Park development shall be in accordance with the approved site plan. 

4. Storage of Travel Trailers: 

a. Unoccupied mobile homes, travel trailers, campers, converted buses, motor homes, tent 

trailers or similar devices may be located in travel trailer parks for storage purposes as per the 

following: 

b. A specific area must be designated as a storage area and all vehicles shall be located in this 

area during such time as the use is for storage. 

c. The site plan shall identify the sites for occupied use and sites for storage. 

d. Nothing in this article shall be construed to permit the repair, maintenance, sales or servicing 

of vehicles located in a travel trailer park. 

90


R. Anhydrous ammonia pumping and storage facilities in any A-1, A-2 or M-2 District providing the 

following site requirements can be met: Anhydrous ammonia containers shall be located outside of 

buildings other than those especially constructed for this purpose. Permanent storage shall be 

located outside of densely populated areas and subject to the approval of the authority having 

jurisdiction. The container shall not be less than: fifty (50) feet from the line of adjoining property 

which may be built upon (except that the distance can be reduced to not less than ten [10] feet from a 

main line railroad); one hundred (100) feet from an open source of drinking water or a dwelling unit; 

and one thousand (1,000) feet from any school, hospital or other place of public assembly. The 

requirements of Article 18.12 (B) and (C) shall be adhered to. 

S. Tourist Parks. A-1, A-2 and C-2 Districts only. 

T. The raising of animals and/or poultry for commercial purposes. A-1, A-2 and M-2 Districts only. 

U. Courses and/or activity areas for motor cycles, minibikes, and snowmobiles. A-1 and A-2 Districts 

only. 

V. Agricultural buildings and structures as a principal use on non-farm parcels in the A-1 and A-2 

Districts only. 

W. Animal hospital and veterinary clinic; commercial kennels for the raising, breeding or boarding of dogs 

or other small animals. Any outside exercising runways shall be at least two hundred (200) feet from 

all property lines and not nearer than six hundred (600) feet from any zoned residential district, 

incorporated boundary line or dwelling other than the lessee or owner of the site. A-1 and A-2 

Districts. 

X. Commercial stables and riding academies and clubs -- which must be located at least two hundred 

(200) feet from all boundary lines of the property on which located. Such stables and riding 

academies and clubs shall be permitted one (1) double-faced sign on the premises not to exceed 

twenty-five (25) square feet per face. A-1 and A-2 Districts. 

Y. Nursery schools, preschools and childcare centers provided there is established and maintained in 

connection therewith a completely fenced and screened playlot. A-1 and A-2 District. 

Z. Nurseries and greenhouses; provided that any heating plant shall be distant at least two hundred 

(200) feet from any dwelling and from any adjoining lot line. A-1 and A-2 District. 

AA. Auto Body or Fender Repair. Within a C-2 District. Excluding salvaging or junking of vehicles: 

Providing that any painting shall be done in a "Paint Booth" designed to alleviate the hazard of paint 

vapor and fumes being released into the open air; that all activities producing noise be conducted 

within an enclosed structure, and the noise produced thereby, when measured at the property 

boundary, does not exceed the general noise level of the area; and all wrecked or damaged vehicles 

and new or used parts are stored within an enclosed structure. 

BB. Home occupations. R-4 District 

CC. Wholesale storage of gasoline, fuels, oils, flammable or toxic substances. M-1 and M-2 Districts. 

Provided that a one thousand (1,000) foot buffer is maintained when such a storage facility is located 

adjacent to any residential district or use or when located adjacent to any commercial district or use. 

All state and federal requirements must be adhered to. Any permits required by any other 

governmental entity must be obtained prior to the operation of the activity for which the permits are 

required, with such proof of such permits being filed with the Cerro Gordo County Zoning 

Administrator prior to the operation of the activity for which the permits are required. Failure to file 

copies of such permits with the Cerro Gordo County Zoning Administrator may be grounds for 

revoking the special use permit granted pursuant to this section. The requirements of Article 18.12 

(B) and (C) shall be adhered to. 

91


DD. Salvage yards and/or junk yards, including auto wrecking and salvage, used parts sales and junk, iron 

or rags storage and baling. A-1, M-1 and M-2 Districts. Provided the following is met: 

1. A minimum five hundred (500) foot setback from any abutting residential district shall be provided. 

2. All dismantled vehicles and vehicle parts shall be stored within an enclosed building or within an 

area completely enclosed by at least a six (6) foot high privacy fence constructed of solid material. 

The fence must not be visually penetrable and a chain link fence with slats will not constitute a 

solid fence. 

3. Any junk yard which abuts a residential or commercial district shall provide a solid buffer 

consisting of vegetation and in conformance with the standards as provided in Article 19 under 

Buffer Zone and Landscaping requirements. This shall be in addition to any other screening 

requirements found in this or any other section of this ordinance. It shall be the responsibility of 

the property owner to install and maintain the required buffer/landscaping. 

4. At no time shall junk be allowed to become visible either over or through the required 

screening/buffering requirements. 

The requirements of Article 18.12 (B) and (C) shall be adhered to. 

EE. Temporary facilities for music events, sports events, commercial exhibitions and carnivals. A-1 and 

A-2 Districts. 

FF. Commercial feedlots and confinement operations (see Definition section) whether or not regulated by 

the Iowa Department of Environmental Quality. However, no feedlot with more than one thousand 

(1000) head of livestock based on the animal units multiplier factor shall be located closer than onequarter 

(1/4) mile to any R District boundary or C District boundary. The animal unit multiplier for 

various types of livestock shall be defined as: 

Type of Livestock 

Multiplier Factor 

Slaughter and Feeder Cattle 1.0 

Mature Dairy Cattle 0.7 

Swine Butcher or Breeding (over 55 lbs.) 2.5 

Sheep or Lambs 10.0 

Turkey or Chickens 55.0 

The requirements of Article 18.12 (B) and (C) shall be adhered to. A-1 District. 

GG. Farm family feedlots may apply for a special permit if they comply with the procedures of FF. 

above. Once approved, such feedlots will be exempt from civil nuisance proceedings. A-1 District. 

HH. Second dwelling on a farm for someone in the immediate family or a full-time farm employee. A-1 

District. 

II. Agricultural and neighborhood commercial businesses, provided a buffer zone of at least fifty (50) feet 

is established between the commercial building's associated work area, and the property lines. Such 

buffer areas will include any combination of earthen berms, trees, shrubs and bushes, and solid 

fences to develop compatibility with the adjoining property owners. No more than one (1) acre of 

cultivated farm land can be converted to the new commercial use. A-1 and A-2 Districts. 

JJ. Extraction and primary material processing of coal, stone, gravel, sand, clay, dirt or ores. The Board 

of Adjustment will look to determine how the operation will minimize fugitive dust, protect the 

hazardous areas from errant children, and locate only where County roads are adequate to meet the 

trucking needs of the operation. If the extraction does not create a large body of water, topsoil shall 

be stockpiled and returned to reclaim the land for future crop production once the operation ceases for 

more than one (1) year. Primary material processing shall not take place closer than one thousand 

(1000) feet from an existing residential district or neighboring residence. No phase of the material 

extraction shall take place within three hundred (300) feet from an existing residential district or 

neighboring residence nor the right-of-way of any public street or highway. The requirements of 

Article 18.12 (B) and (C) shall be adhered to. All state and federal requirements must be adhered to. 

Any permits required by any other governmental entity must be obtained prior to the operation of the 

92


activity for which the permits are required, with such proof of such permits being filed with the Cerro 

Gordo County Zoning Administrator prior to the operation of the activity for which the permits are 

required. Failure to file copies of such permits with the Cerro Gordo County Zoning Administrator may 

be grounds for revoking the special use permit granted pursuant to this section. A-1, M-2 District. 

KK. Permanent asphalt plants, concrete mixing and concrete manufacturing facilities involved in the 

manufacturing, storage and distribution of such product. The requirements of Article 18.12 (B) and 

(C) shall be adhered to. Special emphasis shall be placed on the location of the processing and 

distribution facilities from residential districts as well as the method of screening or buffering that will 

be incorporated into the site design. All state and federal requirements must be adhered to. Any 

permits required by any other governmental entity must be obtained prior to the operation of the 

activity for which the permits are required, with such proof of such permits being filed with the Cerro 

Gordo County Zoning Administrator prior to the operation of the activity for which the permits are 

required. Failure to file copies of such permits with the Cerro Gordo County Zoning Administrator may 

be grounds for revoking the special use permit granted pursuant to this section. A-1, M-1 and M-2 

Districts. 

93

FLOOD PLAIN MANAGEMENT Art. 21 

ARTICLE 21: 

FLOOD PLAIN MANAGEMENT 


The Legislature of the State of Iowa has in Chapter 335, Code of Iowa, as amended, delegated the power 

of counties to enact zoning regulations to secure safety from flood and promote health and the general 

welfare. 

It is the purpose of the Flood Plain Management Article to reduce flood losses, hazards and related 

adverse affects in those flood hazard areas of Cerro Gordo County, Iowa, which are subject to periodic 

inundation. Flooding can result in the loss of life and property, health and safety hazards, disruption of 

commerce and governmental services, extraordinary public expenditures for flood protection and relief, 

and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare 

of the community. 

These flood losses, hazards, and related adverse affects are caused by: a) the occupancy of flood hazard 

area by uses vulnerable to flood damages which create hazardous conditions as a result of being 

inadequately evaluated or otherwise protected from flood; and b) the cumulative effect of obstructions on 

the flood plain causing increases in flood heights and velocities. 

21.2 STATEMENT OF PURPOSE 

It is the purpose of this article to minimize those flood losses described above with provisions designed to: 

A. Restrict or prohibit uses which are dangerous to health, safety or property in time of flood or which 

cause excessive increases in flood heights or velocities. 

B. Require that uses vulnerable to floods, including public facilities which serve such uses, shall be 

protected against flood damage at the time of initial construction or substantial improvement. 

C. Protect individuals from buying lands which may not be suited for intended purposes because of flood 

hazard. 

D. To assure that eligibility is maintained for property owners in the community to purchase flood 

insurance through the National Flood Insurance Program. 

21.3 LANDS TO WHICH ORDINANCE APPLIES 

The provisons of this Ordinance shall apply to all lands having special flood hazards within the jurisdiction 

of Cerro Gordo County. For the purpose of this Ordinance, the special flood hazard areas are those areas 

designed as Zone A on the Flood Hazard Boundary Map for Cerro Gordo County, as amended. 

21.4 GENERAL PROVISIONS 

A. Rules for Interpretation of District Boundaries 

The boundaries of the special flood hazard areas shall be determined by scaling distances on the 

official Flood Hazard Boundary Map. When an interpretation is needed as to the exact location of a 

boundary, the Zoning Administrator shall make the necessary interpretation. 

B. Compliance 

No structure or land shall hereafter be used and no structure shall be located, extended, converted or 

structurally altered without full compliance with the terms of this ordinance. 

94


C. Abrogation and Greater Restrictions 

It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, 

or deed restrictions. Where this ordinance imposes greater restrictions, the provision of this 

ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to 

the extent of the inconsistency only. 

D. Interpretation 

In their interpretation and application, the provisions of this ordinance shall be held to be minimum 

requirements and shall be liberally construed in favor of the governing body and shall not be deemed 

a limitation or repeal of any other powers granted by State law. 

E. Warning and Disclaimer of Liability 

The degree of flood protection required by this ordinance is considered reasonable for regulatory 

purposes. This ordinance does not imply that areas outside the designated special flood hazard areas 

will be free from flooding or flood damages. This ordinance shall not create liability on the part of 

Cerro Gordo County or an officer or employee thereof for any flood damages that result from reliance 

on this ordinance or any administrative decision lawfully made hereunder. 

F. Permits required 

Permits required from federal or state agencies must be obtained prior to making application to Cerro 

Gordo County, Iowa. 

21.5 STANDARDS FOR FLOOD PLAIN DEVELOPMENT 

All uses must be consistent with the need to minimize flood damage and meet the following applicable 

performance standards. Where 100-year flood data has not been provided on the Flood Insurance Rate 

Map, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant 

will be responsible for providing the Department of Natural Resources with sufficient technical information 

to make such determination. 

A. All development within the special flood hazard areas shall: 

1. Be consistent with the need to minimize flood damage. 

2. Use construction methods and practices that will minimize flood damage. 

3. Use construction materials and utility equipment that are resistant to flood damage. 

4. Obtain all other necessary permits from federal, state and local governmental agencies including 

approval when required from the Iowa Department of Natural Resources. 

B. Structures 

1. New and substantially improved residential structures shall have the lowest floor, including 

basement, elevated a minimum of one (1) foot above the 100-year flood level. Construction shall 

be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the 100-year flood 

level and extend such elevation at least 8 feet beyond the limits of any structure erected thereon. 

Alternate methods of elevating (such as piers) may be allowed subject to favorable consideration 

by the Board of Adjustment, where existing topography, street grades, or other factors preclude 

elevating by fill. In such cases, the methods used must be adequate to support the structure as 

well as withstand the various forces and hazards associated with flooding. All new residential 

structures shall be provided with a means of access, which will be passable, by wheeled vehicles 

95


during the 100-year flood. 

2. New or substantially improved nonresidential structures shall have the first flood (including 

basement elevated a minimum of one (1) foot above the 100-year flood level or together with 

attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is 

utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing 

methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift 

forces and other factors associated with the 100-year flood; and that the structure below the 100- 

year flood level is watertight with walls substantially impermeable to the passage of water. Fill 

may be used to accomplish this only after receiving permission from the appropriate agencies. A 

record of the certification indicating the specific elevation (in relation to the National Geodetic 

Vertical Datum) to which any structures are floodproofed shall be maintained by the Administrator. 

3. All new and substantially improved structures 

a. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to 

flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls 

by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must 

either be certified by a registered professional engineer or meet or exceed the following 

minimum criteria: 

(1) A minimum of two openings having a total net area of not less than one square inch for 

every square foot of enclosed area subject to flooding shall be provided. 

(2) The bottom of all openings shall be no higher than one foot above grade. 

(3) Openings may be equipped with screens, louvers, valves, or other coverings or devices 

provided that they permit the automatic entry and exit of floodwaters. 

b. New and substantially improved structures must be designed (or modified) and adequately 

anchored to prevent flotation, collapse, or lateral movement of the structure resulting from 

hydronamic and hydrostatic loads, including the effects of buoyancy. 

c. New and substantially improved structures must be constructed with electrical, heating, 

ventilation, plumbing, and air conditioning equipment and other service facilities that are 

designed and/or located so as to prevent water from entering or accumulating within the 

components during conditions of flooding. 

C. Factory-built homes 

1. Factory-built homes, including those placed in existing factory-built home parks or subdivisions, 

shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may 

include, but are not limited to, use of over-the-top or frame ties to ground anchors. 

2. Factory-built homes, including those placed in existing factory home parks or subdivisions, shall 

be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of 

one (1) foot above the 100-year flood level. 

D. Subdivisions (including factory-built home parks and subdivisions) 

Subdivisions shall be consistent with the need to minimize flood damage and shall provide adequate 

drainage to reduce exposure to flood hazards. Development associated with subdivisions shall meet 

the applicable standards of this section. Subdivision proposals intended for residential use shall 

provide all lots with a means of access, which will be passable by wheeled vehicles during the 100- 

year flood. 

96


E. Utility and Sanitary Systems 

1. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate 

infiltration of floodwaters into the system as well as the discharge of effluent into floodwaters. 

Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood 

protection equal to or greater than one (1) foot above the 100-year flood elevation. 

2. On-site waste disposal and water supply systems shall be located or designed to avoid 

impairment to the system or contamination from the system during flooding. 

3. New and replacement water supply systems shall be designed to minimize or eliminate infiltration 

of flood waters into the system. Water supply treatment facilities (other than on-site systems) 

shall be provided with a level of protection equal to or greater than one (1) foot above the 100- 

year flood elevation. 

4. Utilities such as gas and electrical systems shall be located and constructed to minimize or 

eliminate flood damage to the system and the risk associated with such flood damaged or 

impaired systems. 

F. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within 

the altered or relocated portion. In addition, such alterations or relocations must be approved by the 

Department of Natural Resources. 

G. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or 

plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. 

Other material and equipment must either be similarly elevated or: 

1. Not be subject to major flood damage and be anchored to prevent movement due to flood waters; 

or 

2. Be readily removable from the area within the time available after flood warning. 

H. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection 

from a 100-year flood with a minimum of 3 ft. of design freeboard and shall provide for adequate 

interior drainage. In addition, structural flood control works shall be approved by the Department of 

Natural Resources. 

I. Accessory Structures 

1. Detached garages, sheds, and similar structures accessory to a residential use are exempt from 

the 100-year flood elevation requirements where the following criteria are satisfied: 

a. The structure shall not be used for human habitation. 

b. The structure shall be designed to have low flood damage potential. 

c. The structure shall be constructed and placed on the building site so as to offer minimum 

resistance to the flow of floodwaters. 

d. The structure shall be firmly anchored to prevent floatation, which may result in damage to 

other structures. 

e. The structure’s servcie facilities such as electrical and heating equipment shall be elevated or 

floodproofed to at least one foot above the 100-year flood level. 

2. Exemption from the 100-year flood elevation requirements for such a structure may result in 

97


increased premium rates for flood insurance of the structure and its contents. 

J. Recreational Vehicles 

1. Recreational vehicles are exempt from the requirements of Section 21.5(C) of this Article 

regarding anchoring and elevation of factory-built homes when the following criteria are satisfied: 

a. The recreational vehicle shall be located on the site for less than 180 consecutive days, or 

b. The recreational vehicle must be fully licensed and ready for highway use. A recreational 

vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the 

site only by quick disconnect type utilities and security devices and has no permanently 

attached additions. 

2. Recreational vehicles that are located on the site for more than 180 consecutive days and are not 

ready for highway use must satisfy requirements of Section 21.5(C) of this Article regarding 

anchoring and elevation of factory-built homes. 

K. Pipeline, river, and stream crossings shall be buried in the streambed and banks, or otherwise 

sufficiently protected to prevent rupture due to channel degradation and meandering. 

21.6 ADMINISTRATION 

A. Appointment, Duties and Responsibilities of Zoning Administrator 

1. The Zoning Administrator, is hereby appointed to implement and administer the provisions of this 

ordinance and will herein be referred to as the Administrator. 

2. Duties of the Administrator shall include, but not necessarily be limited to, the following: 

a. Review all flood plain development permit applications to assure that the provisions of this 

ordinance will be satisfied. 

b. Review all flood plain development applications to assure that all necessary permits have 

been obtained from federal, state and local governmental agencies including approval when 

required from the Department of Natural Resources for flood plain construction. 

c. Record and maintain a record of the elevation (in relation to National Geodetic Vertical 

Datum) of the lowest floor (including basement) of all new or substantially improved structures 

in the special flood hazard area. 

d. Record and maintain a record of the elevation (in relation to National Geodetic Vertical datum) 

to which all new or substantially improved structures have been floodproofed. 

e. Notify adjacent communities/counties and the Department of Natural Resources prior to any 

proposed alteration or relocation of a watercourse and submit evidence of such notifications 

to the Federal Emergency Management Agency. 

f. Keep a record of all permits, appeals and such other transactions and correspondence 

pertaining to the administration of this ordinance. 

B. Flood Plain Development Permit 

1. Permit Required. A Flood Plain Development Permit issued by the Administrator shall be secured 

prior to any flood plain development (any man-made change to improved and unimproved real 

estate, including but not limited to buildings or other structures, mining, filling, grading, paving, 

98


excavation or drilling operations), including the placement of factory-built homes. 

2. Application for Permit. Application shall be made on forms furnished by the Administrator and 

shall include the following: 

a. Description of the work to be covered by the permit for which application is to be made. 

b. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street 

address or similar description) that will readily identify and locate the work to be done. 

c. Indication of the use or occupancy for which the proposed work is intended. 

d. Elevation of the 100-year flood. 

e. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including 

basement) of buildings or of the level to which a building is to be floodproofed. 

f. For buildings being improved or rebuilt, the estimated cost of improvements and market value 

of the building prior to the improvements. 

g. For developments involving more than 5 acres, the elevation of the 100-year flood. 

h. Such other information as the Administrator deems necessary for the purpose of this 

ordinance. 

3. Procedure for Acting on Permit. The Administrator shall make a determination as to whether the 

flood plain development, as proposed, meets the applicable provisions of Section 21.3 and shall 

approve or disapprove the application. In reviewing proposed development, the Administrator 

shall obtain, review and reasonably utilize any available flood plain information or data from 

Federal, State or other sources. 

4. Construction and Use to be as Provided in Application. Flood Plain Development Permits based 

on the basis of approved plans and applications authorize only the use, arrangement, and 

construction set forth in such approved plans and applications and no other use, arrangement or 

construction. Any use, arrangement, or construction at a variance with that authorized shall be 

deemed a violation of this Article. The applicant shall be required to submit certification by a 

professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the 

finished fill, building floor elevations, floodproofing, or other flood protection measures were 

accomplished in compliance with the provisions of this Article, prior to the use or occupancy of 

any structure. 

C. Subdivision Review 

The Administration shall review all subdivision proposals within the special flood hazard areas to 

assure that such proposals are consistent with the purpose and spirit of this ordinance and shall 

advise the Board of Supervisors of potential conflicts. Flood plain development in connection with a 

subdivision (including installation of public utilities) shall require a Flood Plain Development Permit as 

provided in Section 21.6-B. Proposals for subdivision greater than five (5) acres or fifty (50) lots 

(whichever is less) shall include 100-year flood elevation data for those areas located within the Flood 

Plain (Overlay) District. 

21.7 NONCONFORMING USES 

A. A structure or the use of a structure or premises which was lawful before the passage or amendment 

of this Article, but which is not in conformity with the provisions of this Article, may be continued 

subject to the following conditions: 

99


1. If such use is discontinued for six (6) consecutive months, any future use of the building premises 

shall conform to this Article. 

2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as 

nonconforming uses. 

B. If any nonconforming structure is destroyed by any means, including flood, it shall not be 

reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the 

damage occurred, unless it is reconstructed in conformity with the provisions of this Article. This 

limitation does not include the cost of any alteration to comply with existing state or local health, 

sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the 

National Register of Historic Places, provided that the alteration shall not preclude its continued 

designation. 

100

APPLICATIONS FOR ZONING PERMITS Art. 22 

ARTICLE 22: 

APPLICATIONS FOR ZONING PERMITS 

A. It shall be unlawful to do any grading, erecting, constructing, reconstructing, enlarging, altering or 

moving of any building or structure until a Zoning Permit shall have been issued by the Cerro Gordo 

County Zoning Administrator. 

It shall also be unlawful to change the use or occupancy of any building, structure or land from one 

classification to another or to change a nonconforming use without the issuance of a Zoning Permit. 

B. To secure a Zoning Permit, the applicant shall file with the Administrative Officer a written application 

on approved forms and shall state the legal description of the property as of public record and the 

names of the owner and applicant. The applicant shall describe the uses to be established or 

expanded and any other information the Administrative Officer deems essential for the enforcement of 

this Ordinance. Each application shall be accompanied by a dimensioned drawing presented on a 

copy of an official plat or a plan drawing developed by a Registered Land Surveyor and shall show the 

location of buildings, dimensions of the lot, size or yards and automobile parking areas. 

Where public sanitary sewer or water is not available, the application shall include the approval of the 

County Board of Health as to plans and specifications of the proposed private sanitary disposal or 

water system. 

C. To secure a Zoning Permit for Temporary Placement of a hot-mix asphalt plant or cold-mix plant, 

applicant must file a typewritten letter requesting permit stating the type and volume of the contract, 

parties to the contract for which the plant is to be operated, type of equipment and where the plant is 

to be located. You must file a drawing showing the location of the plant on the site and the distances 

to all property lines and nearest residence. (No phase of the operation shall be conducted within a 

one thousand [1000] foot radius of any residential district or any structure used for dwelling purposes 

other than the lessee or owner of site, nor within fifty [50] feet of any property line.) You must attach 

copies of contracts for which work will be done. You must file evidence of compliance with applicable 

current state and federal regulations. The Zoning Administrator may request additional information 

deemed essential for review. Permit fee for Temporary Placement $15.00. This permit will be subject 

to revocation for applicant's failure to comply with the provisions as herein set forth. 

D. To secure a Zoning Permit for Temporary Occupancy of a recreation vehicle or travel trailer outside a 

travel trailer park - The Zoning Administrator may issue a permit for the temporary occupancy of a 

recreation vehicle or travel trailer outside a travel trailer park. The permit may be issued for a period 

not to exceed fourteen (14) days from date of granting the permit. Said application shall set forth the 

location of the occupied dwelling where such travel trailer is to be used and occupied, the name of the 

occupant in control of such dwelling, the name of the owner or operator of such vehicle together with 

his car license number and the license number of such vehicle. The fee for such application shall be 

$15.00. 

E. The Administrative Officer shall issue, within seven (7) days of acceptance of said application, a 

written Zoning Permit or denial thereof with reasons in writing. 

F. Zoning Permits issued in accordance with the provisions of this Article, shall be null and void at the 

end of one hundred twenty (120) days from the date of issue if the construction, alteration or change 

of use has not commenced during that period. Such permits shall expire by limitation and become 

null and void one (1) year from date of issuance. 

G. All applications for Zoning Permits shall be systematically kept for ready public reference by the 

Administrative Officer who shall also account to Cerro Gordo County for all fees collected. 

101

APPLICATIONS FOR ZONING PERMITS Art. 22 

H. Fees. The following fees shall be charged for zoning permits and are based on the proposed cost of 

the erection, construction or structural alteration of the building: 

CONSTRUCTION COSTS 

$ 0 to $ 4,999 

$ 5,000 to $ 14,999 

$ 15,000 to $ 29,999 

$ 30,000 to $ 49,999 

$ 50,000 to $ 74,999 

$ 75,000 to $ 99,999 

$100,000 to $249,999 

$250,000 to $499,999 

Over $500,000 

FEE 

$ 20.00 

$ 30.00 

$ 50.00 

$ 75.00 

$100.00 

$150.00 

$200.00 

$350.00 

$500.00 

I. Administrative Fee. Any person, firm or corporation not conforming to Section 22(A) above will be 

assessed a $200.00 feet in addition to the Zoning Permit Fee. 

102

ENFORCEMENT Art. 23 

ARTICLE 23: 

ENFORCEMENT 

23.1 ENFORCEMENT BY ZONING ADMINISTRATOR 

It shall be the duty of the Zoning Administrator to enforce this Ordinance in accordance with its provisions. 

All departments, officials and public employees of Cerro Gordo County who are vested with the duty or 

authority to issue permits shall insure conformance to the provisions of this Ordinance and shall issue no 

permit for any use, building or purpose if the same would be in conflict with the provisions of this 


23.2 VIOLATIONS AND PENALTIES 

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building 

or land in violation of any regulation in or any provisions of this Ordinance or any amendment or 

supplement thereto adopted by the Board of Supervisors of Cerro Gordo County. Any person, firm or 

corporation violating any regulation in or any provision of this Ordinance or of any amendment or 

supplement thereto, shall be punished by a fine of not more than five hundred dollars ($500.00) or my 

imprisonment of not more than thirty (30) days. Each and every day during which such illegal location, 

erection, construction, reconstruction, enlargement, change, maintenance or use continues may be 

deemed a separate offense. 

In addition, any violation of any regulation in or any provisions of this ordinance or any amendments or 

supplements thereto that are adopted to this ordinance shall be a county infraction, pursuant to Section 

331.307, Code of Iowa (2001), which is punishable by a civil penalty of up to, but not more than five 

hundred dollars ($500.00) for each violation, or if the infraction is a repeat offense a civil penalty of up to, 

but not more than seven hundred fifty dollars ($750.00) for each repeat offense occurring within two (2) 

years of a previous civil or criminal conviction for violating any portion of the Cerro Gordo County Zoning 

Ordinance. Each day that a violation occurs or is permitted by the defendant to exist constitutes a 

separate offense. 

23.3 VIOLATIONS - HOW PREVENTED 

In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, 

changed, maintained or used, or any land is or is proposed to be used in violation of this Ordinance or any 

amendment or supplement thereto, that the Zoning Administrator may make application to the appropriate 

court to grant appropriate relief to abate or halt the violation or both. 

103

BOARD OF ADJUSTMENT Art. 24 

ARTICLE 24: 

BOARD OF ADJUSTMENT 

24.1 APPOINTMENT AND TERMS 

A Board of Adjustment is hereby created. All members shall be citizens and residents of Cerro Gordo 

County providing that at all times a majority of the members shall reside in the unincorporated portions of 

the county. Such Board of Adjustment shall consist of five (5) members appointed by the County Board of 

Supervisors. The five members of the first Board of Adjustment shall serve terms of one (1), two (2), 

three (3), four (4) and five (5) years respectively. Thereafter, terms shall be for five (5) years and 

vacancies shall be filled for the unexpired terms of any member whose term becomes vacant. The 

expiration date for all terms of office shall be June 30 at midnight; however, that all members shall hold 

office until their successors are appointed and approved. The County Board of Supervisors shall have 

power to remove any member of the Board of Adjustment for cause upon written charges and after public 

hearing. 

24.2 MEETING 

The Board of Adjustment shall organize and adopt rules in accordance with provisions of this Ordinance 

and the Iowa Statute. All meetings of the Board of Adjustment shall be held at the call of the chairman 

and at such time and place within the County as the Board of Adjustment may determine. Such chairman, 

or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All 

meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep 

minutes of its proceedings showing the vote indicating such fact, and shall keep complete records of its 

hearings and other official actions. Every rule, regulation, amendment or repeal thereof, and every order, 

requirement or decision of the Board of Adjustment shall immediately be filed in the office of the Board of 

Adjustment and shall be a public record. The presence of three (3) members shall be necessary to 

constitute a quorum. 

24.3 APPLICATIONS, APPEALS, HEARINGS AND STAY OF PROCEEDINGS 

A. Applications - When and by whom taken 

An application in cases in which the Board of Adjustment has original jurisdiction under the provisions 

of this Ordinance may be taken by any property owner including a tenant, or by a governmental 

officer, department, board or bureau. Such application shall be filed with the Zoning Administrator 

who shall transmit same to the Board of Adjustment. 

B. Appeals - When and by whom taken 

An appeal to the Board of Adjustment may be taken by any person aggrieved or by any officer of the 

County affected by any decision of the Zoning Administrator. Such appeal shall be taken within thirty 

(30) days after the decision by filing with the Zoning Administrator and with the Board of Adjustment a 

notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to 

the Board of Adjustment all the papers constituting the record upon which the action appealed from 

was taken. 

C. Hearings 

Upon the filing with the Board of Adjustment of an appeal, an application for a Special Exception or a 

request for variance, the Board shall hold a public hearing as provided in this Article and the Board of 

Adjustment's Rules of Procedure. The Board may require the appellant or applicant to provide such 

information as is reasonably deemed necessary and may request the technical assistance and/or 

evaluation of a professional engineer or other expert person or agency, including the Iowa Department 

of Natural Resources. 

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice 

104


thereof as well as due notice to the parties in interest, and decide the same within a reasonable time 

after it is submitted. 

Each application for a variance from the yard requirement of the Zoning Ordinance shall be 

accompanied by a payment of $100.00 to cover the cost of the procedure. Each application for 

anything other than a yard variance shall be accompanied by a payment of $175.00 to cover the cost 

of the procedure. At the hearing, any party may appeal in person or by attorney. Any taxpayer or any 

officer, department, board or bureau of Cerro Gordo County, or any person or persons jointly or 

severally aggrieved by any decision of the Board of Adjustment may present to a court of record a 

petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the 

grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the 

filing of the decision in the office of the Board of Adjustment. 

Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of 

Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time 

within which a return thereto shall be made which shall be not less than ten (10) days and may be 

extended by the court. The allowance of the writ shall not stay proceedings upon the decision 

appealed from, but the court may on application and upon notice to the Board of Adjustment and on 

due cause shown, grant a restraining order. 

The Board of Adjustment shall not be required to return the original papers acted upon by it, but it 

shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be 

called for by such writ. The return shall concisely set forth such other facts as may be pertinent and 

material to show the grounds of the decision appealed from, and shall be verified. If upon the hearing, 

which shall be tried de novo, it shall appeal to the court that testimony is necessary for the proper 

disposition of the matter, it may take such evidence or appoint a referee to take such evidence as it 

may direct and report the same to the court with his findings of fact and conclusions of law, which 

shall constitute a part of the proceedings upon which the determination of the court shall be made. 

The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. 

Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it 

acted with gross negligence or in bad faith or with malice in making the decision appealed from. 

D. Stay of Proceedings 

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from 

whom the appeal is taken certified to the Board of Adjustment after the notice of appeal shall have 

been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause 

imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a 

restraining order which may be granted by the Board of Adjustment or by a court of record on 

application on notice to the officer from whom the appeal is taken and on due cause shown. 

24.4 JURISDICTION AND POWERS OF BOARD OF ADJUSTMENT 

A. The Board of Adjustment shall have the following powers and it shall be its duty: 

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision 

or determination made by an administrative official in the enforcement of this Ordinance or of any 

supplement or amendment. 

2. To hear and decide special exception to the terms of this Ordinance upon which such Board of 

Adjustment is required to pass under this Ordinance. 

The Board of Adjustment in reviewing an application for a special exception, also referred to in 

this ordinance as Special Use, may consider the following: 

a. Whether the proposed use is harmonious with and in accordance with the general principles 

105


and proposals of zoning ordinance for Cerro Gordo County. 

b. That the use be designed, constructed, operated and maintained so as to be harmonious and 

appropriate in appearance with the existing or intended character of the general vicinity and 

that such a use will not change the essential character of the area in which it is proposed. 

c. That the use will not be hazardous or disturbing to existing or future uses in the same general 

vicinity and will be a substantial improvement to the property in the immediate vicinity and to 

the community as a whole. 

d. That the proposed use will be served adequately by essential public facilities and services 

such as highways, streets, policy, fire protection, drainage structures, refuse disposal, water 

and sewage facilities or schools. 

e. That the proposed use will not create an excessive additional requirement at public cost for 

public facilities and services. 

f. That the proposed use will not involve uses, activities, processes, materials, and equipment or 

conditions of operations that will be detrimental to any person, property or general welfare by 

reasons of excessive production of traffic, noise, smoke, fumes, glare, or odors. 

g. That the proposed use is consistent with the intent and the purpose of the zoning district in 

which it is proposed to locate such use. 

In addition to the general requirements of this Ordinance, in granting a special use permit, the 

Board of Adjustment may attach conditions which it finds are necessary to carry out the purpose 

of this Ordinance, in conformance with what is provided in Article 20 of this Ordinance, and where 

reasonable and necessary may increase the required lot or yard, control the location and number 

of vehicular access points to the property, limit the number of signs, limit coverage or height of 

buildings because of obstruction to view and reduction of light and air to adjacent property, and 

require screening and landscaping to reduce noise and glare and maintain the property in 

character in keeping with the surrounding area. A special use shall ordinarily comply with the 

standards of the district concerned for principal uses which are permitted therein, except as 

modified by the Board of Adjustment in granting a special use permit. 

3. To authorize upon appeal in specific cases, such variance from the terms of this Ordinance as will 

not be contrary to the public interest, where owing to special conditions a literal enforcement of the 

provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of the 

Ordinance shall be observed and substantial justice done. 

Also, in authorizing any variance, the Board of Adjustment may prescribe appropriate conditions 

and safeguards which it finds necessary to carry out the purpose of the Ordinance. 

No variation in the application of the provisions of this Ordinance shall be made unless and until 

the Board of Adjustment shall be satisfied that all of the following have been established: 

a. The land in question cannot yield a reasonable return if used only for a purpose allowed in 

that zone. 

b. The plight of the owner is due to unique circumstances and not to the general conditions in 

the neighborhood, which may reflect the unreasonableness of the zoning ordinance itself. 

c. The use to be authorized by the variance will not alter the essential character of the locality. 

B. The concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse 

any requirement, decision, order, or determination of the Zoning Administrator or to decide in favor of 

106


the applicant in regard to any matter upon which the Board is authorized by this Ordinance to render a 

decision. 

C. It is not the intention to grant to the Board of Adjustment the power or authority to alter or to change 

the Zoning Ordinance or the District Maps. Such power and authority rests solely with the Board of 

Supervisors in the manner hereafter provided in Article 24. 

D. Special permits and variances which have been granted in accordance with the provisions of this 

Ordinance shall be null and void at the end of six (6) months from the date of grant if substantial 

action has not been taken to accomplish the purpose for which the Special Permit was issued or the 

variance granted. Completion must be within a reasonable length of time. 

E. Special Exceptions, Variances and Appeals must meet all of the above requirements within the 

jurisdiction of this ordinance. Additionally, the following standards must be met for the Flood Plain 

District. 

1. Variances 

a. No variance shall be granted for any development within the Floodway District which would 

result in any increase in floods during a 100-year flood. 

b. Variances shall only be granted upon: 

(1) a showing of good and sufficient cause; 

(2) a determination that failure to grant the variance would result in exceptional hardship to 

the applicant; and 

(3) a determination that the granting of the variance will not result in increased flood heights, 

addition threats to public safety, extraordinary public expense, create nuisances, cause 

fraud on or victimization of the public or conflict with existing local codes or ordinances. 

c. Variances shall only be granted upon a determination that the variance is the minimum 

necessary, considering the flood hazard, to avoid relief to the applicant. 

d. In cases where the variance involves a lower level of flood protection for buildings than what 

is ordinarily required by this ordinance, the applicant shall be notified in writing over the 

signature of the Zoning Administrator that: 

(1) the issuance of a variance will result in increased premium rates for flood insurance up to 

amounts as high as $25 for $100 of insurance coverage; and 

(2) such construction increases risks to life and property. 

e. All variances granted shall have the concurrence or approval of the Iowa Department of 

Natural Resources. 

2. Decisions. 

The Board shall arrive at a decision on an appeal, Special Exception or variance within a 

reasonable time. In passing upon an appeal, the Board may, so long as such action is in 

conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the 

order, requirement, decision or determination appealed from, and it shall make its decision, in 

writing, setting forth the findings of fact and the reasons for its decision. In granting a Special 

Exception or variance, the Board shall consider such factors as contained in this section and all 

other relevant sections of this ordinance. In passing upon applications for Special Exceptions or 

107


requests for variances, the Board shall consider all relevant factors specified in other sections of 

this Ordinance and: 

a. The danger to life and property due to increased flood heights or velocities caused by 

encroachments. 

b. The danger that materials may be swept on to other lands or downstream to the injury of 

others. 

c. The proposed water supply and sanitation systems and the ability of these systems to prevent 

disease, contamination and unsanitary conditions. 

d. The susceptibility of the proposed facility and its contents to flood damage and the effect of 

such damage on the individual owner. 

e. The importance of the services provided by the proposed facility to the community. 

f. The requirements of the facility for a flood plain location. 

g. The availability of alternative locations not subject to flooding for the proposed use. 

h. The compatibility of the proposed use to the existing development and development 

anticipated in the foreseeable future. 

i. The relationship of the proposed use to the comprehensive plan and flood plain management 

program for the area. 

j. The safety of access to the property in times of flood for ordinary and emergency vehicles. 

k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water 

expected at the site. 

l. The cost of providing governmental services during and after flood conditions, including 

maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, 

streets and bridges. 

m. Such other factors relevant to the purpose of this ordinance. 

3. Conditions attached to Special Exceptions or variances. Upon consideration of the factors listed 

above, the Board may attach such conditions to the granting of Special Exceptions or variances 

as it deems necessary to further the purpose of this ordinance. Such conditions may include, but 

not necessarily be limited to: 

a. Modification of waste disposal and water supply facilities. 

b. Limitation on periods of use and operation. 

c. Imposition of operational controls, sureties, and deed restrictions. 

d. Requirements for construction of channel modification, dikes, levees, and other protective 

measures, such as are approved by the Iowa Department of Natural Resources are deemed 

the only practical alternative to achieving the purposes of this ordinance. 

e. Floodproofing measures. Floodproofing measures shall be designed consistent with the floor 

protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic 

and hydrodynamic forces, and other factors associated with the 100-year flood. The Board of 

108


Adjustment shall require that the applicant submit a plan or document certified by a registered 

professional engineer that the floodproofing measures are consistent with the 100-year flood 

protection elevation and associated flood factors for the particular area. Optional language -- 

Such floodproofing measures may include, but are not limited to the following: 

(1) Anchorage to resist flotation and lateral movement. 

(2) Installation of watertight doors, bulkheads, and shutters, or similar methods of 

construction. 

(3) Reinforcement of walls to resist water pressures. 

(4) Use of paints, membranes, or mortars to reduce seepage of water through walls. 

(5) Addition of mass or weight structures to resist flotation. 

(6) Installation of pumps to lower water levels in structures. 

(7) Construction of water supply and waste treatment systems so as to prevent the entrance 

of flood waters. 

(8) Pumping facilities or compar-able practices for subsurface drainage systems for building 

to relieve external foundation wall and basement flood pressures. 

(9) Construction to resist rupture or collapse caused by water pressure or floating debris. 

(10) Installation of valves or con-trols on sanitary and storm drains which will permit the drains 

to be closed to prevent backup of sewage and storm waters into the buildings of 

structures. 

(11) Location of all electrical equipment, circuits and installed electrical appliances in a 

manner which will assure they are not subject to flooding. 

109

ZONING COMMISSION Art. 25 

ARTICLE 25: 

ZONING COMMISSION 

25.1 CREATION 

Pursuant to the provisions of statutes and regulations of the State of Iowa, and as hereinafter set forth, 

there is hereby created and established a Planning & Zoning Commission consisting of five (5) members 

appointed by the Cerro Gordo County Board of Supervisors. 

25.2 MEMBERSHIP AND TERMS OF OFFICE 

All members shall be citizens and residents of Cerro Gordo County, providing that at all times a majority of 

the members shall reside in the unincorporated portions of the county. The terms of office of the 

Commission members shall be as follows: The five (5) members first appointed shall serve terms of one 

for one (1) year; one for two (2) years; one for three (3) years; one for four (4) years; and one for five (5) 

years. Thereafter, terms shall be five (5) years. In cases of resignation, the vacancy shall be filled for only 

the remainder of the original term. The expiration date for all terms of office shall be December 31 at 

midnight; however, that all members shall hold office until their successors are appointed and approved. 

25.3 QUORUM 

A majority of the membership of the Commission shall constitute a quorum, and a quorum shall be 

required to conduct the business of the Commission. Action on proposed amendments to the regulations 

imposed and districts created by the Zoning Ordinance adopted by Cerro Gordo County shall not be taken 

until after a public hearing has been held before the Commission. 

A. The presiding Commission member should conduct the meeting, unless it is a joint meeting with a 

City Planning & Zoning Commission, in which case the presiding officer of each respective body may 

determine who shall conduct the meeting. 

B. Presiding officer should present an opening statement stating the purpose of the meeting and laying 

the general ground rules for conducting the meeting. 

C. After the conclusion of said hearing, the Commission shall make a report to the Board of Supervisors 

that summarizes the views of those in favor of the proposed change and those opposed to the 

proposed change. 

The Commission may make a recommendation to the Board of Supervisors concerning the proposed 

change if the majority of the quorum present at the meeting so desire. 

25.4 MEETINGS 

The Zoning Commission shall meet at least once a month and in special cases, on call of the Chairman. 

There shall be an annual meeting with the Board of Supervisors to discuss the Commission's proceedings 

and activities, suggestions for policy and Zoning Ordinance revisions and other items relating to the 

Commission's duties. 

25.5 OFFICERS 

The Zoning Commission shall elect a Chairperson, a Vice Chairperson and a Secretary from among its 

members. 

25.6 REMOVAL OF COMMISSION MEMBERS 

Zoning Commission members are appointed by the Board of Supervisors and may be removed for just 

cause, upon written charges and after a public hearing. 

110

ZONING COMMISSION Art. 25 

25.7 JURISDICTION AND POWERS OF ZONING COMMISSION 

A. Recommend the boundaries of the various original districts, and appropriate regulations and 

restrictions to be enforced therein. 

B. Recommend to the Board of Supervisors amendments, supplements, changes or modifications. 

C. The Zoning Commission, with the approval of the Board of Supervisors, may contract with 

professional consultants, regional planning commissions, the Iowa department of economic 

development, or the federal government, for local planning assistance. 

111

DISTRICT CHANGES AND AMENDMENT Art. 26 

ARTICLE 26: 

DISTRICT CHANGES AND AMENDMENTS 

26.1 GENERAL 

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Board 

of Supervisors may be resolution on its own action or by petition after recommendation by the Zoning 

Commission, after public hearings as provided herein, amend, supplement, or change the regulations, 

district boundaries or classifications of property now or hereafter established by this Ordinance or 

amendments thereof. 

26.2 PROCEDURE FOR CHANGE 

A. Applications for any change of district boundaries or classification of property as shown on the Zoning 

Maps shall be submitted to the County Zoning Commission at their public office upon such forms and 

shall be accompanied by such data and information as may be prescribed for that purpose by the 

Zoning Commission so as to assure the fullest practicable presentation of facts for the permanent 

record. Each such application shall be verified by at least one of the owners or lessees of property 

within the area proposed to be reclassified, attesting to the truth and correctness of all facts and 

information presented with the application. Applications for amendments of the text or requirements 

of this Ordinance shall likewise be submitted to the County Zoning Commission on forms prescribed 

by it and shall be verified by the person or persons preparing said amendment. Application for 

rezoning or text amendments shall not be withdrawn from consideration of the Zoning Commission 

after notice has been given as required. 

B. Before submitting its recommendations on a proposed amendment to the Board of Supervisors, the 

Zoning Commission shall hold at least one (1) public hearing thereon. When the Zoning Commission 

has completed its recommendations on a proposed amendment, it shall certify the same to the Board 

of Supervisors. 

C. After receiving the certification of said recommendations on the proposed amendment form the 

Zoning Commission and before adoption of such amendment, the Board of Supervisors shall hold a 

public hearing thereon. Application for rezoning or text amendments or the recommendations of the 

Zoning Commission shall not be withdrawn from consideration of the Board of Supervisors after notice 

has been given as required by this paragraph. 

D. After holding the public hearing provided for, the Board of Supervisors shall consider such 

recommendations and vote on the adoption of the proposed amendment. The proposed amendment 

shall become effective by a favorable vote of a majority of the members of the Board of Supervisors. 

E. Any person or persons desiring a change in the zoning classification of property shall file with the 

application for such change, a statement giving the names and addresses of the owners of all 

properties lying within five hundred (500) feet on any part of the property proposed to be changed. 

F. The failure to notify as provided in Subsections B and C above shall not invalidate any 

recommendation of the Zoning Commission, provided that such failure was not intentional, and the 

omission of the name of any owner of property who may, in the opinion of the Zoning Commission be 

affected by such amendment or change, shall not invalidate any recommendation adopted hereunder; 

it being the intention of this Subsection to provide so far as may be, due notice to the persons 

substantially interested in the proposed change that an application is pending before the Zoning 

Commission, proposing to make a change int he Zoning Maps or the regulations set forth in this 


G. Each application for an amendment or change to the District Zoning Map, except those initiated by the 

Zoning Commission, shall be accompanied by a check payable to the Treasurer of Cerro Gordo 

County or a cash payment of $150.00. This is to cover the approximate costs of this procedure and 

under no conditions shall said sum or any part thereof be refunded for failure of said amendment or 

112

DISTRICT CHANGES AND AMENDMENT Art. 26 

change to be enacted into law. 

H. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein 

contained or subsequently established shall have been denied by the Board of Supervisors, then no 

new petition covering the same property and additional property shall be filed with or considered by 

the Board of Supervisors until one year shall have elapsed from the date of the filing of a previous 

petition. 

113

VALIDITY & WHEN EFFECTIVE Art. 27 & 28 

ARTICLE 27: 

VALIDITY 

Should any section or provision of this Ordinance as amended be declared by a court of competent 

jurisdiction to be invalid, such decision shall not affect the validity to this Ordinance as a whole or any part 

thereof other than the part so declared to be invalid. 

ARTICLE 28: 

WHEN EFFECTIVE 

This Ordinance shall be in full force and in effect in the unincorporated territory of Cerro Gordo County 

after its passage, approval and publication as provided by law. 

March 13, 1990 

Motion by Supervisor Jay Urdahl and seconded by Supervisor Willard Gisel: To approve the final reading 

of Cerro Gordo County Home Rule Ordinance No. 15, entitled the "Cerro Gordo County, Iowa, Zoning 

Ordinance." Said hearing being continued from the first public hearing held February 13, 1990, and the 

second hearing held February 20, 1990. 

Vote taken resulted as follows: 

AYES - Urdahl, Gisel and Ermer 

NAYS - none 

ABSENT - none 

/s/ ROBERT K. ERMER 

Robert K. Ermer, Chairman, 

Cerro Gordo County Board of Supervisors 

/S/ LINDA KAY COLLINS 

Linda Kay Collins 

Cerro Gordo County Auditor 

(NOTE: Summary of Ordinance No. 15 published March 20, 1990.) 

114

INDEX 

access, 2, 10, 13, 14, 34, 35, 36, 51, 58, 59, 63, 74, 76, 77, 87, 88, 90, 95, 96, 106, 108 

ACCESS, i, 2, 4, 35 

accessory building, 7, 32, 34, 36, 41, 43, 44, 45, 68, 88 

accessory buildings, 41, 43, 44, 45, 68 

accessory structure, 8, 29, 30, 31, 35, 86, 87, 88 

accessory structures, 30, 31, 35, 86 

accessory use, 12, 40, 43, 44, 48, 50, 56, 60, 65, 84 

adult arcades, 53, 56 

adult bookstore, 52, 53, 56 

adult cabarets, 53, 56 

adult video store, 52, 53, 56 

alley, 12, 18, 73, 74 

amphitheaters, 86 

Amusement parks, 86 

apartments, 49 

appliances, 9, 47, 64, 109 

asphalt plant, 2, 93, 101 

asphalt plants, 2, 93 

assembly halls, 50, 73, 74 

auditorium, 52, 60, 73 

auto accessories, 2 

auto accessory, 50 

auto body, 37 

auto repair garages, 37, 50 

auto wrecking and salvage, 92 

Automobile assembly, 64 

automobile service station, 50 

automobile service stations, 50 

awning, 78 

banks, 6, 98 

bar, 51 

baseball fields, 49 

billboards, 14, 78 

billiard parlors, 50 

boarding house, 12 

bottling, 64 

bowling alleys, 50 

broadcasting studios, 60 

buffer zone, 74, 92 

bulletin boards, 38, 40 

bus depots, 50 

canopy, 88 

care center, 41 

care centers, 41 

carnival, 65 

carnivals, 92 

cemetery, 79, 86 

ceramic products, 64 

child care centers, 41 

church camps, 40 

churches, 21, 33, 80, 81 

circus, 86 

clinic, 37, 49, 91 

clinics, 45, 67 

clubs, 37, 73, 86, 88, 91 

cocktail lounges, 60 

115

cold storage plant, 64 

cold-mix plant, 4, 101 

commercial exhibitions, 92 

commercial office, 47 

composting, 12, 23, 36 

convalescent, 45 

convention halls, 86 

cosmetics, 64 

country clubs, 86 

crematories, 38, 40 

crematoriums, 47 

crematory, 86 

dance halls, 50 

day care facilities, 40 

developmentally disabled, 8 

dormitories, 45, 49 

dragstrips, 86 

drinking establishments, 37, 49 

drop hammers, 64 

dry cleaning, 47, 49, 73 

duplex, 29 

escort, 52, 53, 56 

escort agency, 52 

factory-built homes, 5, 11, 98, 99 

fairgrounds, 86 

family feedlots, 92 

family home, 8, 29, 38 

farm, 7, 28, 38, 49, 79, 91, 92 

farmhouses, 38 

feed dealerships, 38 

feedlot, 4, 9, 92 

feedlots, 36, 92 

fence, 34, 35, 76, 77, 90, 92 

fences, 14, 35, 92 

fender repair, 37, 50 

fertilizer, 67 

filling station, 74 

film, 58, 64 

fishing lakes, 88 

food service, 88, 90 

fuel, 2, 65, 74 

fuels, 7, 36, 91 

funeral homes, 37, 50 

garage, 5, 11, 29, 30, 38, 74, 88 

gasoline, 74, 91 

golf courses, 40 

golf driving ranges, 49 

greenhouses, 91 

hardware, 9 

heliport, 84 

hospital, 8, 37, 49, 73, 74, 91 

hospitals, 21, 33, 67, 80, 81 

hotel, 3, 51, 58, 73 

hotels, 15 

hot-mix asphalt plants, 2 

house trailers, 41 

ice manufacturing, 64 

indoor recreation buildings, 50 

116

japanning, 65 

junk yard, 9, 29, 36, 37, 92 

junk yards, 29, 36, 37, 92 

kennel, 49 

kennels, 37, 91 

lacquering, 65 

lagoon, 89 

lagoons, 87, 89 

landing field, 84 

landscaping, 71, 74, 76, 77, 86, 90, 92, 106 

lighting, 21, 23, 24, 26, 47, 49, 58, 59, 60, 74, 81, 84, 86, 89 

livestock, 2, 4, 6, 38, 92 

lodges, 45 

lodging house, 8, 73 

lodging houses, 73 

lot, 2, 3, 5, 6, 9, 10, 11, 12, 14, 15, 16, 18, 20, 29, 30, 31, 32, 33, 34, 35, 39, 40, 41, 42, 43, 44, 45, 47, 48, 

50, 56, 57, 64, 65, 66, 67, 68, 70, 73, 74, 76, 77, 82, 83, 86, 88, 89, 91, 99, 101, 106 

lot line, 3, 10, 16, 18, 29, 30, 31, 33, 35, 45, 89, 91 

lot lines, 3, 10, 16, 18, 29, 33, 35 

lumber yard, 9, 65 

man-made, 4, 98 

mausoleum, 86 

mausoleums, 38, 40 

metal shop, 64, 65 

microwave, 86 

minibikes, 91 

mobile home, 4, 5, 11, 15, 30, 88, 89, 90 

mobile homes, 4, 5, 11, 30, 88, 90 

molded rubber products, 64 

motel, 51, 52, 58 

motels, 15, 50, 53, 56 

motor cycles, 91 

music events, 92 

music festivals, 86 

nonconforming use, 28, 57, 100, 101 

non-conforming use, 28 

nonconforming uses, 57, 100 

nurseries, 38, 41, 60 

nursery school, 41 

nursing, 8 

off-street loading, 73 

off-street parking, 36, 49, 56, 70, 74, 85 

oil, 75, 86 

oils, 7, 36, 91 

orchards, 38, 41 

parish house, 38, 40, 41 

park, 5, 11, 14, 57, 75, 79, 88, 89, 90, 101 

parking lot, 47, 60, 74, 76, 77 

parking lots, 47, 60, 76 

pharmaceuticals, 64 

pinball arcades, 50 

planing mill, 65 

playground, 74 

playgrounds, 40 

plumbing shop, 65 

pool halls, 50 

pottery, 64 

premise, 2, 78, 80, 81, 82 

117

premises, 4, 7, 8, 10, 15, 28, 36, 38, 41, 50, 53, 54, 55, 56, 57, 58, 59, 74, 78, 82, 91, 99, 100 

preschool, 4, 40 

preschools, 41, 91 

private garage, 38 

professional office, 45, 73 

professional offices, 45 

public building, 80, 84 

public buildings, 80 

public notice, 104 

public stable, 13 

public utility structures, 86 

publishing, 65 

racetracks, 86 

radio, 21, 23, 33, 86 

recreational centers, 45 

rental cabins, 45 

residential purposes, 5, 35, 88 

restaurant, 51 

riding academy, 13 

rooming houses, 45 

rug cleaning, 64 

sanitariums, 33, 45, 86 

sanitary landfill, 88 

school, 21, 33, 38, 40, 41, 57, 59, 67, 70, 73, 74, 79, 91, 106 

schools, 21, 33, 41, 67, 70, 73, 74, 91, 106 

service organizations, 40 

sewage pumping stations, 41 

sexual activities, 51, 52, 58 

sexual encounter centers, 53, 56 

sheet metal products, 64 

shopping center, 21, 60, 61, 62, 63, 81 

sign, 36, 38, 51, 54, 57, 59, 61, 65, 69, 78, 79, 80, 81, 82, 83, 85, 87, 88, 91 

sign painting shop, 65 

skating rinks, 49 

skeet shooting ranges, 88 

snowmobiles, 91 

solid waste, 12 

sorority houses, 45 

sports events, 92 

sports festivals, 86 

stable, 13 

stables, 40, 91 

stock yards, 67 

storage garages, 7 

storage yard, 37, 41, 65, 74 

storage yards, 37, 41, 65 

sub-lot, 34 

Sunday school building, 38, 40 

swimming pool, 34, 35, 41, 49, 88 

television, 33, 51, 60, 86 

theaters, 49, 53, 56 

tires and auto accessory stores, 50 

tourist cottage, 15 

tourist cottages, 15 

tourist home, 15 

tourist park, 14 

tower, 16, 33, 34, 86, 87 

towers, 14, 21, 33, 60, 86, 87 

118

trailer, 5, 15, 31, 49, 79, 90, 101 

trailer park, 90, 101 

trailer parks, 90 

trailers, 5, 15, 30, 41, 90 

transient enterprise, 65 

travel trailer, 5, 15, 30, 31, 49, 79, 90, 101 

travel trailers, 5, 15, 30, 90 

truck gardens, 38 

used parts, 9, 49, 91, 92 

used parts sales, 92 

vehicle, 2, 8, 9, 12, 15, 22, 23, 30, 31, 37, 74, 79, 92, 98, 101 

veterinary clinic, 37, 49, 91 

video store, 52, 53, 56 

wall, 7, 13, 14, 16, 34, 35, 57, 61, 75, 76, 77, 78, 82, 90, 109 

wallpaper store, 48 

walls, 3, 7, 10, 14, 31, 34, 35, 58, 71, 96, 97, 109 

warehouse, 65, 73 

warehouses, 41, 65, 74 

waste stabilization lagoon, 87 

welding, 64 

wholesale nurseries, 38 

wildlife preserves, 38 

wind energy system, 33, 34 

Wind energy systems, 33 

119

Zoning Ordinance (pdf) - Cerro Gordo County online

Create successful ePaper yourself

Delete template?

Save as template?