Section 25.94.030 Requirements for conditional uses.

Authorized Uses. The following uses, and no others, shall be allowed as conditional uses in the zones indicated:

1. Any use specifically listed as a conditional use in the regulations applicable to the zone in which it is to be located.

2. Public, parochial and private schools, including those providing overnight accommodations for students, monasteries and colleges, in any residential zone other than the RG-20 and RG-8 zones, subject to the following additional standards:

a. Lot Size. When located in the RE or RS-120 zones, the minimum lot size shall be five acres. When located in any other zone the minimum lot size shall be three acres.

b. Access. For schools and colleges other than elementary schools, access to parking areas for over fifty cars and to service areas shall be from arterial or collector streets or service roads.

c. Buffer. All outdoor areas of concentrated activity shall be separated from adjoining residential property by a minimum of thirty feet or by a buffer found sufficient by the board to ensure visual and auditory privacy for the adjoining residential property.

3. Public Utility Substations, in any zone subject to the following additional standards:

a. All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the zone where located or shall be screened from view from any private property located in any residential zone; any such screening located in or adjoining any front yard shall be limited to vegetation which provides effective year-round screening.

b. All such uses shall be fenced where any hazard to the safety of human or animal life is present.

c. No service or storage yard for such building shall be permitted except as permitted for other uses in the zone.

d. Yards shall be provided as required by the zone regulations.

e. The level of noise emanating from such use shall not exceed sixty decibels (dBA) measured at any lot line.

4. Private recreation clubs in any zone other than the ML, MH, BN, BNH, RG-20 and RG-8 zones, subject to the following additional standards:

a. Lot Size. The minimum lot size shall be one acre.

b. Sleeping Facilities. There shall be no sleeping facilities other than those for one caretaker or manager and his family.

c. Accessory Uses. Accessory restaurants, cocktail lounges and game rooms are permitted if open only to members and members' guests.

5. Community centers and cultural and administrative functions of public or private eleemosynary institutions in the RE, RS-120, RS-70, RD-60, RG-50 and RG-28 zones, subject to the following additional standards:

a. Buffer. All outdoor areas of concentrated activity shall be separated from adjoining residential property by a minimum of thirty feet or by a buffer found sufficient by the board to ensure visual and auditory privacy for the adjoining residential property.

b. Access. Access to parking areas for over fifty cars and to service areas shall be from arterial or collector streets or service roads.

6. Fraternity and sorority houses in the RS-70, RD-60, RG-50 or RG-28 zones, subject to the following additional standards: The fraternity or sorority must consist of students of and must be recognized and regulated by a college or university.

7. Child care centers in the RE, RS-120, RS-70 and RD-60 zones, subject to the following standards:

a. The structure shall be of residential scale and architecturally similar to other residences in the neighborhood.

b. The service shall involve only the owner of the residence and members of the immediate family, all of which shall reside therein except that one employee not residing on the premises shall be allowed.

c. All services and facilities shall comply with state and local regulations and be licensed by appropriate agencies.

8. Child care centers in the RG-50 zone, subject to the following standards:

a. The structure shall be of residential scale and architecturally similar to other residences in the neighborhood.

b. Off-street automobile pick-up and drop-off space shall be provided.

c. All outdoor areas of concentrated play activity shall be fenced and screened to minimize auditory and visual effects upon adjoining residential property.

9. Rest homes and nursing homes in the RD-60, RG-50 and RG-28 zones.

10. Transitional service facility (halfway house) in the RS-70 and RD-60 zones subject to the following standards:

a. In the aforesaid zones, such facilities shall provide care for not more than eight permanent residents plus one additional occupant on an emergency basis. The resident supervisory family shall not exceed three persons.

b. Supervision. Every transitional service facility (halfway house) shall provide qualified supervisory personnel. Such personnel shall have sufficient education and experience, and shall be present in sufficient numbers and during sufficient and appropriate hours of the day, to meet all standards of any agency responsible for the licensing or regulation of the transitional service facility and such additional services as may be required by the board of adjustment. The conditional use permit shall specifically establish minimum standards for supervision. The name and telephone number of at least one person having responsibility for the operation of the facility shall be listed in the Sioux City telephone directory under the name of the facility.

c. Parking. Parking facilities for transitional service facilities shall be provided in accordance with the provisions of Chapter 25.96 of this title.

d. Open Space. Transitional service facilities shall provide usable exterior open space, which may include any required yard area.

e. Availability of Facilities. Every transitional service facility shall be provided with, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, educational, cultural and religious activities, consumer goods and services, and public transportation.

f. Required Approvals. No transitional service facility shall be established without, and every permit for a transitional service facility shall be conditioned upon, the prior licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a conditional use permit for a transitional service facility shall set forth each agency which must approve the establishment or operation of the facility, shall be accompanied by a copy of an application or other request to each such agency for such approval, shall set forth the status of each such application, and shall state any facts known to the applicant which might result in the denial or delay of any required approval which has not been obtained as of the time of the filing of the application for a conditional use permit.

g. Financial Stability. No conditional use permit for a transitional service facility shall be granted unless the applicant therefor shall establish to the satisfaction of the board of adjustment that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this title and other laws and regulations.

h. Concentration of Locations. In deciding the issue of granting a conditional use for a transitional service facility, the board shall consider whether the proposed location will materially add to the concentration of such facilities in the vicinity. The board shall consider that the widest feasible dispersion of such facilities around the city is part of the justification for the existence of the facilities.

11. Par 3 golf courses in the RD-60 and RG-50 zones, subject to the following standards:

a. Access. Access to all parking and service areas shall be from arterial or collector or service roads.

b. Layout. The course shall be laid out to minimize the likelihood that golf balls will be driven onto adjacent residential property. Neither solid nor mesh fence in excess of six feet in height shall be used to satisfy this standard.

c. Lighting, if allowed, shall be directed so that it will not create excessive glare on adjacent residentially zoned or used property.

12. Heliports and Helistops. Heliports and helistops in AG zones, ML zones, MA zones and MH zones and helistops only in RG-20 zones, RG-8 zones, BC zones, BG zones, and BGM zones, subject to the following standards:

a. Heliports shall be permitted in the RG-20 and RG-8 zones only in connection with the use of hospitals as defined in subsection 25.04.020(H-6).

b. Heliports and helistops and the operation thereof shall comply with all rules and regulations established by the Federal Aviation Administration (FAA) as defined in AC No. 150-5390-1B, dated August 22, 1977 ("Heliports Design Guide") including all subsequent amendments thereto and the requirements set forth by the National Fire Protection Association pamphlets 403 and L418 as adopted in 1978 including all subsequent amendments thereto. Such uses shall further comply with the provisions of Section 2308-3, Heliport and Helistop Landing Areas, of the Uniform Building Code as adopted by the city of Sioux City, including subsequent amendments thereto.

c. Occasional Landings or Takeoffs. The city council may issue a special permit for the temporary landing and takeoffs of a helicopter on public or private property subject to such terms as may be set forth in said permit.

d. Emergency Landing and Takeoffs. The police chief, fire chief, director of civil defense, the district health officer or their authorized representatives may authorize emergency landings and takeoffs of helicopters without compliance with the terms of this section in all instances where they consider persons or property to be in peril;

13. All conditional uses shall comply with the space limits as set forth in Chapters 25.48, 25.60 and 25.70, and the parking requirements set forth in Chapter 25.96 of this title;

14. When a conditional permit is applied for to establish a nonconforming use in an existing structure that was designed for public, quasi-public, commercial or industrial use, and is located in a residential zone as provided for in Section 25.98.040-11, no conditional permit may be approved unless the board of adjustment finds that the nature and intensity of the activities to be involved or conducted on the site in relation thereto, and the location of the site with respect to streets giving access to the use, shall be such that it will be in harmony with the appropriate and orderly development of the zone and neighborhood in which it is located.
In granting a conditional use permit, the board of adjustment may impose any condition or restriction it reasonably considers necessary to reduce or eliminate any detrimental effects of the proposed conditional use upon the neighborhood or the zone, or to carry out the general purposes and intent of this title.

Violations of such conditions and restrictions when made part of the terms under which a conditional use permit is granted, shall be deemed a violation of this title.

The following conditions and standards shall be applicable to all permits under this chapter of the title:

a. That the nonconforming structure was never converted to a conforming use after August 2, 1976;

b. That the structure will comply with all city of Sioux City codes and ordinances without requiring any structural alterations, as defined herein;

c. The use shall be conducted entirely within the building;

d. there shall be no outdoor storage of equipment or materials on the premises;

e. All vehicles used in conjunction with the use shall be stored within a building when they remain on the premises overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area;

f. No mechanical, electrical or other equipment which produces electrical or magnetic interference, vibration, heat, glare, odor or other nuisance outside the structure which housed the use;

15. Pigeon Lofts or Cages. The keeping, maintaining or harboring of seemless banded pigeons, being pigeons banded by a recognized association of pigeon fanciers, may be permitted in the RE, RS-120, RS-70, RD-60, RG-50 and RG-28 zones subject to the following standards:

a. The use is incidental and accessory to an existing residential dwelling and conducted by the resident owner or occupant of the dwelling;

b. The number of pigeons kept on the premises will be established by the board of adjustments not to exceed one hundred;

c. Seemless banded pigeons such as Flying Tiplers, Tumblers and Homing Pigeons or Rollers may be released for exercise or performance between the hours of seven a.m. to nine a.m. and six p.m. to eight p.m. from May 1st through October 31st; seven a.m. to nine a.m. and four p.m. to six p.m. from November 1st through April 31st, upon the condition that the owner or persons who have possession of such pigeons shall not permit them to light upon the building or property of others;

d. Other than the time that pigeons are permitted to be exercised or trained, they shall be confined to cages or pens;

e. No pigeons shall be brought to or kept on the premises until an approved permit is obtained under Title 7 (Animals), of this code and maintained in effect during the conduct of the use;

f. All conditional permits for keeping pigeons will automatically expire when the use is terminated by the removal of the pigeons from the property for a period of six months or more; or the owner or occupant fails to obtain and maintain a permit under Title 7 (Animals), of this code. The conditional permit is automatically rescinded requiring no further action by the board of adjustment and the use can only be reestablished as provided for in Chapter 25.12 Municipal Code of Sioux City, Iowa.

16. Bed and breakfast homes in the AG, RE, RS-120, RS-70, RD-60, RG-50, and RG-28 zones, subject to the following standards:

a. Minimum gross habitable floor area: 750 square feet per rooming unit

b. Minimum total lot area: As required in the applicable zoning district

c. Signs: One identification sign, not to exceed three square feet in area. External illumination of said sign shall be permitted, provided that the intensity of the illumination shall not exceed 25 watts. Said sign shall be set back at least five feet from the side property line.

d. Meals: Meals shall be provided to overnight guests only.

e. Private events: Private events may be allowed by the Board, subject to the following standards:

(1) Private events shall be limited to the hours of 9 a.m. to 4 p.m.

(2) Additional parking for the private event shall be provided, as per Chapter 25.96.

f. Maximum number of non-resident employees: Three

g. Parking: The Board of Adjustment may lower the number of parking spaces to no less than 50% of the required number, based on a finding that sufficient parking exists in the neighborhood. Tandem parking may be permitted by the Board. Parking lots for more than three vehicles shall be paved.

h. Screening: Parking lots for more than three vehicles shall be screened from neighboring residentially zoned or used properties. The screening shall be continuous, six feet in height, and shall consist of a fence, foliage or a combination of such materials.

17. Bed and breakfast homes that hold private events, in the RG-20, RG-8, and BN zones, subject to the following standards:

a. Private events: Limited to the hours of 9 a.m. to 4 p.m.

b. Parking: Additional parking shall be provided, as per Chapter 25.96.

18. Bed and breakfast inns that serve meals to non-guests and/or that hold private events, in the RG-20, RG-8, and BN zones, subject to the following standards:

a. Private events: Limited to the hours of 9 a.m. to 4 p.m.

b. Parking: Additional parking shall be provided, as per Chapter 25.96.

c. Non-resident employees: The Board may allow more than three non-resident employees if it approves a Conditional Use Permit for meals to non-guests.

d. Number of seats for non-guest meals: The number of restaurant seats and the hours of restaurant operation may be limited by the Board.

19. Extraction or landfilling in the AG, RE, RS120, RS70, RD60, RG50, RG28, BC, BG, ML, and MH Zones, that does not comply with all conditions required for extraction or landfilling as a principal permitted use in those zones, provided that the extraction or landfilling site does not occur in the Loess Hills within that area visible from the Loess Hills National Scenic Byway located on Highway 12 and Interstate Highway 29, as defined in Section 20.30.040.

20. Building-mounted telecommunication facilities that are not accessory to a principal permitted use located within all zones, commercial buildings located within any zone, and publicly owned facilities, subject to the following additional standards:

a. Building-mounted telecommunication facilities within any business zone shall be designed as to minimize the visual obstruction and view blockage, and maximize the compatibility with architectural character of the building, structure, and / or neighborhood. All antenna and equipment located on buildings and / or structures shall be set back as to minimize the visual impact from public rights-of-way and abutting properties. Additional screening may be required as to blend to antenna and equipment through use of a parapet wall or painting schemes.

b. Antenna and equipment shall be located to the rear of the property, whenever possible. The City of Sioux City understands the need to locate the equipment within the front or sides of the property, due to environmental constraints. However, it shall be the City’s policy to encourage locating the equipment to the rear of the property in order to screen it from public view.

c. Building-mounted telecommunication support equipment shall be constructed out of nonreflective material (visible surfaces only) and should, when possible, be located underground, hidden by earthen berms, screened with vegetation, and / or painted to match the existing theme or architecture of the building, structure, or neighborhood.

d. Lighting of any building-mounted telecommunication antenna or equipment shall be prohibited, unless required by the FCC and / or FAA.

e. Building and / or roof-mounted antennas or towers shall project no higher than 20% of the building’s height and shall not be higher than the height requirements found in section 25.60.020(1).

f. Photo simulations and / or site plans shall be submitted as part of the conditional use application. The photo simulations and / or site plans shall detail the location, color, size, and material of the proposed building-mounted telecommunication equipment; and, location, description, and height of screening to be provided.

21. Structures built to house accessory uses when the primary use of the property does not normally occur within a building shall not be allowed under this section. They shall only be allowed as conditional uses under subsection 25.92.030(21). (Ord. 2007-0380, 2007-0299, 2003-0437; 2001-0740; 2001-0219; 2000-9785; 2000-9159; 97/U-5924; 91/T-10465; 89/T-7516; 89/T-7049; 86/T-4395; 84/T-2873; S-37649, 1979; S-37020, 1978; S-30424, 1976)