A. 
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City of Manawa.
B. 
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C. 
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
A. 
No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
B. 
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this code shall be included as a part of a yard or other open space required for another building.
[Amended 1-3-2000]
Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, except as provided in § 303-13C.
[1]
Editor's Note: Former § 303-11, Lots abutting more restrictive district, was deleted 1-3-2000. See § 303-13E.
Only the following uses and their essential services may be allowed in any district:
A. 
Permitted uses. Permitted uses, being the principal uses specified for a district.[1]
[1]
Editor's Note: See Appendix A, Permitted Uses.
B. 
Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
C. 
Conditional uses.
(1) 
Classes of conditional uses. Conditional uses may be denominated either "regular" or "limited."
(2) 
General conditional use provisions. Provisions applicable to conditional uses generally are as follows:
(a) 
Conditional uses and their accessory uses are considered as special uses requiring for their authorization review, public hearing and approval by the Plan Commission and Common Council in accordance with Article V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(b) 
Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of this code require no action by the Common Council, upon the recommendation of the Plan Commission, for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(c) 
A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Common Council, upon the recommendation of the Plan Commission, in accordance with Article V of this chapter.
(d) 
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Common Council, upon the recommendation of the Plan Commission, in accordance with Article V of this chapter.
(e) 
Provisions in this chapter relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control), be deemed to be applicable to both regular and limited conditional uses.
(3) 
Specific regular conditional use provisions. Provisions applicable specifically to regular conditional uses are as follows:
(a) 
Regular conditional uses, either allowed by action of the Common Council, upon the recommendation of the Plan Commission, or existent at time of adoption of this code, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of the same or similar type without approval of the Common Council, upon the recommendation of the Plan Commission. A change to a conditional use of other than the same or similar type shall require procedures and approval in accordance with Article V.
(b) 
See Subsection C(2)(b) above as to conditional uses existent at time of adoption of this code being deemed to be regular conditional uses.
(4) 
Specific limited conditional use provisions. Provisions applicable specifically to limited conditional uses are as follows:
(a) 
Limited conditional uses authorized by the Common Council, upon the recommendation of the Plan Commission, shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
(b) 
Limited conditional uses authorized by the Common Council, upon the recommendation of the Plan Commission, shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Common Council approval and the procedures required in Article V of this chapter.
D. 
Uses not specified in code.
(1) 
Uses not specified in this chapter which are found by the Common Council, upon the recommendation of the Plan Commission, to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2) 
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Common Council, upon the recommendation of the Plan Commission, after public hearing and approval in accordance with Article V of this chapter.
A. 
(Reserved)[1]
[1]
Editor's Note: Former § 303-13A, Site suitability, was deleted 1-3-2000. See § 303-13F.
B. 
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 25 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
C. 
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The Plan Commission may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
D. 
Dedicated street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and is located on that side thereof from which the required dedication has not been secured.
E. 
Lots abutting more restrictive district. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
F. 
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of this subsection, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he or she so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council.
G. 
Preservation of topography. In order to protect the property owner from possible damage due to a change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Plan Commission. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
[Amended 1-3-2000]
H. 
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
I. 
Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of said vacated area shall not be affected by such proceeding.
J. 
Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.
K. 
Dwelling units. No cellar, basement or unfinished home, garage, tent, trailer or accessory building shall, at any time, be used as a dwelling unit, except mobile homes located in an approved mobile home park. Basements shall not be used as dwelling units, except where specifically designed for such use through proper dampproofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.[2]
[2]
Editor's Note: See Ch. 106, Building Construction.
A. 
Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1) 
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this chapter.
(2) 
Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smokestacks and flagpoles are exempt from the height limitations of this chapter.
(3) 
Essential services, utilities, water towers and electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4) 
Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(5) 
Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
(6) 
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries and governmental offices and stations, may be erected to a height of 60 feet, provided that all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B. 
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1) 
Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and not closer than three feet to any lot line.
(2) 
Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet.
(3) 
Essential services, utilities, water towers and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
[Amended 1-3-2000]
(4) 
Landscaping and vegetation are exempt from the yard requirements of this chapter, with the exception that any landscaping or vegetation shall be subject to the restrictions in § 303-60.
(5) 
Required street yards may be decreased to the average of the existing street yards of the abutting structures on each side.
(6) 
Miscellaneous. The following shall not be considered to be encroachments on yard and setback requirements: posts, off-street open parking spaces, yard lights, flues, sills, pilasters, lintels, cornices, eaves, gutters, open terraces, awnings, open canopies, flagpoles, open fire escapes, sidewalks and fences meeting all requirements of this chapter.
[1]
Editor's Note: Former § 303-15, Reduction or joint use, was repealed 1-3-2000. See § 303-9A.
A. 
Required screens and buffers. Where screens or buffers are required by this chapter or the Common Council to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.
B. 
Buffer yards. Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer shall be determined by the Plan Commission. The minimum width shall be 10 feet.
C. 
Screens. Screens are barriers located in a limited space (10 feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a year-round screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.