The following questions are some of the ones that we hear most often on the topic of "Zoning:"

1.) When do I need a building permit?
2.) Do I need a building permit even when I put up a small shed or what I would consider to be a temporary/portable structure?
3.) How do setbacks work with "accessory buildings?"
4.) What does your ordinance say about fences?
5.) Does the City settle lot line disputes between neighbors?
6.) What are the setbacks for a residential corner lot?
7.) How do I figure where my front setback starts from?
8.) What is a "variance," and how is one granted?
9.) Can a mobile home be set up in outside of an existing trailer park?
10.) What is a "Home Occupation" and under what conditions can an occupation be conducted out of a residence?

1.) When do I need a building permit?

A building permit is almost always required for any type of activity that will change the exterior dimensions of existing structures or when a new structure it being placed on a property. More specifically, the City ordinance states:

"5-1Q-2 It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure, fences or parking lots, or any portion thereof, without first having applied in writing to the Building Official for a building permit to do so and a building permit has been granted therefor."

2.) Do I need a building permit even when I put up a small shed or what I would consider to be a temporary/portable structure?

Yes. Although past City Councils and past city administrations may not have enforced or required building permits for portable structures or small structures, the language of the ordinance requires a building permit for projects that involve these types of projects. Further, the current City Council has determined that this aspect of the zoning ordinance will be enforced.

The construction of a deck also requires a building permit.

3.) How do setbacks work with "accessory buildings?"

An accessory building is a structure such as a detached garage, a storage shed, a satellite dish, etc. The ordinance defines an accessory building as follows: "A subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use."

The rules for accessory building setbacks are as follows:

"5-1K-4 ACCESSORY BUILDINGS, AREA AND LOCATION.

1. Location. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than fifty percent (50%) of the required yard area shall not be nearer than two feet (2') to any side or rear lot lines and shall be located ten feet (10') more in back of or behind the main building. The two foot side yard setback shall be measured from the overhang or eve of the building.

2. Distance from the Main Building. If the accessory building is located closer than ten feet (10') to the main building, then the accessory building shall be regarded as part of the main building for purposes of determining side and rear yard areas.

3. Entrance from Alley. If the accessory building is a garage which is entered from an alley and is not located closer than ten feet (10') to the main building, then there shall be a rear yard of not less than ten feet (10').

4. Height Restriction. No accessory building in a residential district shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed fifteen (15') in height at the highest point from the ground level."

4.) What does your ordinance say about fences?

Most fences do not require a building permit unless they are for a commercial purpose or unless the fence is for residential use but is intended to be over 6' tall, or if it is within the front yard setback of a residential lot, or if it is within the front and/or setback. More specifically, the City's ordinance states:

"5-1N-1 SIZE No fence, wall, shrub wall, or hedge shall exceed six feet (6') in height for residential uses.

5-1N-2 VISIBILITY No fence, shrub, wall, or hedge, shall obscure vision over three feet (3') above the curb line on cross streets for corner lots.

5-1N-3 PERMITS Permits are required for all residential fences proposed for construction in front yard set back areas. Permits are required for all public, commercial, and industrial use fences."

5.) Does the City settle lot line disputes between neighbors?

No. Lot line disputes must be treated as a civil matter where disputing neighbors may ultimately pursue the services of their family attorneys and take the case before a judge. A judge might order a survey to be conducted. The City does not conduct surveys in disputes between neighbors.

However, until a lot line dispute is settled, the City may withhold the issuance of a building permit for a structure that might, arguably, be constructed on another person's property.

6.) What are the setbacks for a residential corner lot?

In almost all cases, the setbacks for a residential corner lot are 30' in front and 30' on the side that abuts the intersecting street. No construction should take place in any setback area for any type of lot without first checking with City Hall.

7.) How do I figure where my front setback starts from?

The front setback starts at the point where the property that abuts the public right-of-way begins.

You can best tell where the right of way begins by way of a property survey.

Short of having a survey performed, there are two unofficial, "rule of thumb" methods that can be used to determine where a property generally begins:

1.) Call City Hall to learn how wide the street right-of-way for a given street is listed on our plat map. It will be a figure such as 60', 50', etc. Divide the number by 2. From the center of the street, walk that distance toward the property in question. You lot line should be generally in area you have measured-off. Please be aware that this method assumes that the middle of the street is in the exact middle of the right-of-way, and that is not always the case.

2.) If there is a sidewalk present, the sidewalk is assumed to sit in the right-of-way. From the property-side edge of the sidewalk, count off at least 1'-2' from the edge of the sidewalk. Please be aware that not all sidewalks are set back from the street by the same distance; therefore, this isn't always a useful method on all streets.

8.) What is a "variance," and how is one granted?

The City Council appoints a 5-member "Zoning Board of Adjustment" or ZBA. Whenever a person cannot be granted a building permit under the current guidelines, he/she may apply for the ability to vary from the rules. A person can apply for a variance at City Hall. As a part of the application, the person must pay a fee and submit the names and addresses of property owners within 200 feet of his/her property. Those names and addresses can be obtained at the Jackson County Courthouse. A public hearing then must be set up before the ZBA and the neighboring property owners must be notified of the hearing by City Hall. The neighboring property owners may speak either for or against the proposed project.

In this process, it is the role of the ZBA:

"To hear requests for variances from the literal provisions of the zoning regulations in instances where strict enforcement of the zoning regulations would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning regulations. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the regulations. The Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property."

9.) Can a mobile home be set up in outside of an existing trailer park?

Yes, but without a variance from the Zoning Board of Adjustment, a trailer or mobile home can exist outside of an established trailer park under these conditions:

"3-12-2 From the 1st day of July, 1996, a home defined in 3-12-1 shall not be located outside of a manufactured home park except upon the following conditions:

1. The home shall be located in a R-1 or R-2 district of the City of Maquoketa.

2. The home shall comply in all respects with the zoning regulations applicable to the R-1 zone.

3. The home shall have a permanent foundation system, in all respects the same as the foundation required of a site-built home.

4. The home shall meet minimum square footage requirement of a site built home which is nine hundred and sixty square feet. The home shall be assessed and taxed as a site-built dwelling on the lot."

10.) What is a "Home Occupation" and under what conditions can an occupation be conducted out of a residence?

Although this isn't the entire ordinance governing home occupations, these are the main points:

"5-1D-8 (1) Definition: "Home Occupations" means any business, profession, occupation or trade conducted for gain or support within a residential building or an accessory structure thereto, which is incidental and secondary to the use of such a building for dwelling purposes and which does not change the essential residential character of such building.

5-1D-8 (2) Home Occupations Inspector. (Not included here. Please see ordinance.)

5-1D-8 (3) Exceptions. Notwithstanding the definition of home occupations set forth above, certain occupations that are pursued partially or entirely in a district zoned R-1, R-2, R-3 and A-1 may be excluded from the requirements and regulations of this Ordinance by determination of the Home Occupations Inspector. Those occupations that may be excluded from the operation of this Ordinance are:

a. McNess dealers
b. Amway dealers
c. Avon dealers
d. Mary Kay products dealers
e. Home Interior salespersons
f. Insurance salespersons
g. Sewing and alterations
h. Seed corn or agricultural products
i. Salesperson
j. Woodworking
k. Catering from the home and home baking
l. Any other home occupation which the Home Occupations Inspector has determined has such an insignificant impact on the neighborhood that it may be exempt from the requirement to apply for and obtain a Home Occupations Permit.

The Home Occupations Inspector, in making his determination to exempt an occupation from the operation of this Ordinance shall, take into consideration whether the home occupation and residence substantially complies with the requirements of 5-1D-8-(7) (a through j); and, the Home Occupations Inspector shall also consider the comments of neighbors within 200 feet of the premises in question.

5-1D-8 (4)Permit Required.

a. It shall be unlawful for any person to carry on a business, profession, occupation or trade at a residence in an area of the City zoned R-1 or R-2 or R-3 or A-1, unless the person has applied for and received a permit to do so or has obtained an exemption under 5-1D-8-(3) from the Home Occupations Inspector. Each day that this Ordinance is violated shall be a separate violation of this Ordinance.

b. It shall be unlawful for a title holder to real estate to knowingly allow a person to use the real estate for a home occupation in violation of this Ordinance after title holder has received written notice from the Inspector that the real estate is being used in violation of this Ordinance and seven days have elapsed from the receipt of that notice.

c. It shall be unlawful for anyone who is granted a permit to carry on a Home Occupation to violate any of the rules and regulations set forth at Section 5-1D-8-(7) of this Ordinance and of the Municipal Infractions Ordinance.

5-1D-8 (5) Penalty. Each violation of this Ordinance shall, upon conviction, subject the violator to a fine not to exceed $100.00 or a term in jail not to exceed thirty days or to both such fine and term in jail; and in addition, upon a finding that the Municipal Infractions Ordinance has been violated, the violation will subject the violator to the sanctions imposed under that Ordinance.

5-1D-8 (6) Nuisance. In addition, any violation of this Ordinance may be subject to abatement as a nuisance under Title 3 Chapter 2 of the Code of Ordinances.

5-1D-8 (7) General Regulations. It shall be unlawful to operate a business, profession, occupation or commercial activity within a district zoned R-1, R-2, R-3, or A-1 unless the person operating the business complies with the following regulations:

A. The business, profession, occupation or activity shall employ only members of the immediate family living within the dwelling. No more than one person other than a member of the family may be employed on a temporary basis and such employees shall be limited to a total of not more than thirty (30) individual days in any twelve (12) month period for all the employees' combined time. (Ord. 774, 1-6-92)

B. The Home Occupation shall be conducted entirely within the principal dwelling unit or permitted accessory building.

C. A Home Occupation shall not occupy more than the equivalent of thirty (30%) percent of the gross floor area of one (1) story of each building. A Home Occupation may occupy the entire gross floor area, of any accessory building. This restriction shall not apply to persons who operate child care services. (Ord. 776, 2-3-92)

D. There shall be no outdoor display or storage of equipment or material used in the Home Occupation that shall indicate from the exterior that the building is being utilized in whole or in part for any other purpose other than that of a dwelling. This restriction shall not apply to persons who operate child care services. (Ord. 776, 2-3-92)

E. No Home Occupation shall permit generation or emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, humidity, glare, refuse, radiation, or other objectionable emission that will be detrimental to the residential character of the neighborhood at any time.

F. No Home Occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, parking of vehicles or pedestrian traffic.

G. Spaces for off-street parking and loading shall be provided in compliance with provisions set forth in Subchapter 1L, Off-Street Parking Requirements, for any type of home occupation or commercial activity that would require more than two off-street parking spaces.

H. Any sign or display shall be limited to one (1) only and shall not exceed two (2) square feet in size. It shall carry only the name and occupation of the occupant of the premises. The sign or display shall be non-lighted and non-reflective in nature and shall be attached to the dwelling or accessory building or located within two (2) feet thereof.

I. Occasional garage sales are exempt from the provisions of this Ordinance. Garage sales that are conducted for more than three (3) consecutive days or more than three garage sales in any twelve (12) month period are considered to be Home Occupations and are subject to the provisions of this Ordinance.

J. No Home Occupation shall be permitted in an accessory building that had previously been used as a dwelling unit or residence. No Home Occupation shall be expanded upon an adjacent residential lot or separately platted parcel of land other than the lot where the home or principal building is located. (Ord. 774, 1-6-92)

It shall be unlawful to operate a motor vehicle repair or motorcycle repair or small engine repair business within a district zoned R-1, R-2, R-3 or A-1 and such a business shall not be granted a Home Occupation permit by the Inspector; however, the operator of a small engine repair business may appeal the decision of the Inspector under the appeal procedure in 5-1D-8-(10).

5-1D-8 (8) Home Occupation Permit. Any person wishing to operate a Home Occupation must make application for a Home Occupation Permit upon forms provided by the Home Occupations Inspector.

Upon receipt of the application the Home Occupations Inspector shall set a hearing upon the Application and shall cause one publication of notice of the date, time, place and purpose of the hearing. The publication shall appear in the newspaper selected for official notices not less than 5 days before and not more than ten days before the date of the hearing.

The hearing shall be conducted informally by the Home Occupations Inspector and upon the conclusion of the hearing the Home Occupations Inspector may grant the permit, deny the permit, or determine that the occupation is an exception under 5-1D-8-(2). The decision of the Home Occupations Inspector must be communicated in writing within five days of the conclusion of the hearing.

The Home Occupations Inspector shall deny the application for the permit if the applicant has not complied with the requirements of 5-1D-8-(7) (a through j). Any decision of the Home Occupations Inspector may be appealed under 5-1D-8 (10).

Should an applicant be denied a permit for failure to comply with 5-1D-8 (7) (a through j), the applicant may appeal for an exemption from one or more requirements for 5-1D-8 (7), (a through j), by using the appeal procedure in 5-1D-8 (10).

5-1D-8 (9) Consent to Inspection. (Not included here. Please see ordinance.)

5-1D-8 (10) Appeal. The applicant or a neighbor who lives within 200 feet of the applicant's residence or the Council Person for the applicant's Ward may appeal any decision made by the Home Occupations Inspector under this Ordinance.

The applicant or neighbor or Council Person shall state his/her objection to the decision of the Home Occupations Inspector in writing and mail or deliver the Appeal to the City Manager at City Hall. The Appeal must include the name, address and signature of the person making the Appeal and the name and address of the person operating the Home Occupation subject to the Appeal. The Appeal must be mailed or delivered no later than twenty days after the decision of the Inspector has been made.

The City Manager shall place the matter of the Appeal on the City Council Agenda for the regularly scheduled meeting of the Council following receipt of the Appeal.

The City Council shall take up the matter of the Appeal in public session and shall by resolution uphold the decision of the Inspector or reverse the decision of the Inspector with instructions for the correction of the decision which may include an exemption from one or more requirements of 5-1D-8 (7) (a through j). The Council shall consider the requirements of Section 5-1D-8 (7) and the comments of the neighbors and the applicant in ruling upon the Appeal.

A party to the Appeal who is aggrieved by the decision of the Council may seek a remedy for that decision in the District Courts of the State of Iowa as provided by law."