CITY OF MANNING, IOWA
ZONING
ORDINANCE
2013
Assembled by
City of Manning, Iowa
ZONING ORDINANCE
Adopted: October 1989
Amended & Revised Version, Ordinance No. 349
March 19, 2013
The Honorable
Harvey Dales
Mayor
Dawn Rohe
City Administrator
John Ohde
Zoning Administrator
CITY COUNCIL
Sheryl Dammann
Andy Eischeid
Jeff Hargens
Dick Johnson
Josh Linde
PLANNING AND ZONING COMMISSION
Ryan Doyel
Marcy Ehlers
Kirk Huehn
Leroy Irlbeck
Burke Johnson
Deb Knueven
Kari Ranniger
BOARD OF ADJUSTMENT
Dave Gore
Jason Hoffman
Sharon Kelderman
Jeff Siepker
Helen Wiese
CITY OF MANNING, IOWA ZONING ORDINANCE
TABLE OF CONTENTS
AS AMENDED/REVISED, 2013
Chapter One: TITLE AND PURPOSE
1.01
Short Title
1
Chapter Two: GENERAL PROVISIONS
2.01
Application of District Regulations
2.02
Establishment of Districts; Provision for Official Zoning Map
2.03
Rules Interpretation of District Boundaries
2
2
3
Chapter Three: DEFINITIONS
3.01
Definitions
5
Chapter Four: NON-CONFORMITIES
4.01
Intent
4.02
Non-Conforming Lots of Record
4.03
Non-Conforming Uses of Land (or Land with Minor Structures Only)
4.04
Non-Conforming Structures
4.05
Non-Conforming Uses of Structures or of
Structures and Premises in Combination
4.06
Repairs and Maintenance
4.07
Uses Under Special Exception Provisions Not Non-Conforming Uses
13
13
14
14
15
16
16
Chapter Five: ADMINISTRATIVE OFFICIAL
5.01
Administration and Enforcement
5.02
Building Permits Required
5.03
Application for Building Permit
17
17
17
Chapter Six: BOARD OF ADJUSTMENT
6.01
Board of Adjustment: Establishment and Procedure
6.02
Board of Adjustment: Powers and Duties
6.03
Appeals from the Board of Adjustment
18
18
21
Chapter Seven:
7.01
7.02.
7.03
7.04
7.05
7.07
7.08
7.09
7.10
7.11
DISTRICT REGULATIONS
Districts Established
Agricultural District
Conservation District
Residential Single Family District
Residential Multi Family District
Mobile Home District
Commercial District
Central Business Commercial District
Light Industrial District
Heavy Industrial District
22
23
26
28
31
34
52
55
58
60
Chapter Eight: SUPPLEMENTARY DISTRICT REGULATIONS
8.01
Supplementary District Regulations
63
Chapter Nine: ADMINISTRATION
9.01
Duties of Administrative Official, Board of Adjustment,
City Commission, and Courts on Matters of Appeal
9.02
Amendments
9.03
Penalties for Violation
9.04
Schedule of Fees, Charges, and .Expenses
9.05
Complaints Regarding Violations
9.06
Repeal of Conflicting Ordinances: Effective Date
9.07
Severability Clause
65
65
66
66
66
66
66
ADDENDUMS
Enacting Ordinance Documentation
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CITY OF MANNING ZONING ORDINANCE
CHAPTER ONE
TITLE AND PURPOSE
1.01 TITLE AND PURPOSE
1.01.01 - SHORT TITLE
This Ordinance shall be known and may be cited as the "City of Manning, Iowa, Zoning
Ordinance."
1.01.02 - PURPOSE
The purpose of this Ordinance is to provide adequate light and air, to prevent the overcrowding of
land, to avoid undue concentration of population, to regulate the use of land, and promote the
health, safety, and general welfare in the City of Manning, Iowa, and the unincorporated land
described as follows:
The area includes; entire sections (7), (8), (9), (21), (28), (29), (30). The remainder of sections (16),
(18), (19), (20), as shown on the Official Zoning Map and may be viewed on file in the office of the
City Clerk.
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REGION XII COUNCIL OF GOVERNMENTS
CHAPTER TWO
GENERAL PROVISIONS
1.02.01 APPLICATION OF DISTRICT REGULATIONS
The Regulations set by this Ordinance within each district shall be minimum regulations and shall
apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter
provided:
A. No building, structure, or land shall hereafter be used or occupied, no building or structure
or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally
altered except in conformity with all the regulations herein, specified for the district in which it
is located.
B. No part of a yard, or other open space, or off-street parking or loading space required about
or in connection with any building for the purpose of complying with this Ordinance, shall be
included as part of a yard, open space, or off-street parking or loading space similarly required
for any other building.
C. No yard or lot existing at the time of passage of this Ordinance shall be reduced in
dimension or area below the minimum requirements set forth herein. Yards or lots created after
the effective date of this Ordinance shall meet at least the minimum requirements established
by this Ordinance.
D. Whenever the requirements of this Ordinance are at variance with the requirements of any
other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most
restrictive or that imposing the higher standards shall govern.
1.02.02 ESTABLISIIMENT OF DISTRICTS; PROVISION FOR OFFICIAL ZONING
MAP
A. Official Zoning Map. The City lands shall be divided into districts, as shown on the Official
Zoning Map which, together with all explanatory matter thereon, shall be adopted by ordinance.
(Ord. 302)
B. Replacement of the Official Zoning Map. In the event that the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of the nature or number of changes
and additions, the City Council may by ordinance adopt a new Official Zoning Map which shall
supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or
other errors or omissions in the prior Official Zoning Map, but no such correction shall have
the effect of amending the original Official Zoning Map or any subsequent amendment thereof.
The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the
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CITY OF MANNING ZONING ORDINANCE
City Clerk, and bearing the Seal of the City under the following words: “This is to certify that
this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of
Ordinance No. 236 of the City of Manning, Iowa.”
C. Unincorporated Area. (Repealed by Ordinance No. 302)
1.02.03 - RULES INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the
following rules shall apply:
A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys
shall be construed to follow such center lines;
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
such City Limits;
D. Boundaries indicated as following railroad lines shall be construed 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 shoreline shall be construed as moving with the actual shore line;
boundaries indicated as approximately following the center lines of streams, rivers, or other bodies
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
C 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.
H. Where a district boundary line divides a lot which was in single ownership at the time of
passage of this Ordinance, the Board of Adjustment may permit, as a special exception, the
extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district
line into the remaining portion of the lot.
I. Whenever Council vacates and disposes of a Street or Alley, adjacent districts shall extend to
the center line of the vacation.
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REGION XII COUNCIL OF GOVERNMENTS
J.Whenever a variance exists between the Zoning Map and the legal description on an amendment
to this Ordinance, the legal description applies.
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CITY OF MANNING ZONING ORDINANCE
CHAPTER THREE
DEFINITIONS
1.03 DEFINITIONS
FOR THE PURPOSES OF THIS ORDINANCE, CERTAIN TERMS OR WORDS USED
HEREIN SHALL BE INTERPRETED AS FOLLOWS:
The word person includes a firm, association, organization, partnership, trust, company, or corporation
as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural
number includes the singular.
The word shall is mandatory, the word may is permissive.
The words used or occupied include the words intended, designed, or arranged to be used or occupied.
The word lot includes the words plot or parcel.
Abutting-Having property or district lines in common.
Access- A way of approaching or entering a property from a public street.
Accessory Buildings- A subordinate building located on the same lot with the main building occupied
by or devoted to an accessory use. Where an accessory building is attached to the main building in a
substantial manner, as by a wall or roof, such accessory building shall be considered part of the main
building.
Accessory Use- A use customarily incidental and subordinate to the main use or building and located on
the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the
principal lawful use or building.
Alley- A public way, other than a street, twenty (20) feet or less in width, affording secondary means of
access to abutting property.
Basement - A story having part but not more than one-half (1\2) its height below grade. A basement
shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over
five (5) feet.
Billboard – “Billboard” as used in this Ordinance shall include all structures, regardless of the material
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REGION XII COUNCIL OF GOVERNMENTS
used in the construction of the same, that are erected, maintained or used for public display of posters,
painted signs, wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures
or other pictorial reading matter which advertise a business or attraction which is not carried on or
manufactured in or upon the premises upon which said signs or billboards are located.
Board - The Board of Adjustment.
Boarding House - A building other than a hotel where, for compensation, meals and lodging are provided
for four (4) or more persons.
Building - Any structure designed or intended for the support, enclosure, shelter, or protection of persons,
animals, or property, but not including signs or billboards.
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.
District - A section or sections of the City within which the regulations governing the use of buildings and
premises or the height and area of buildings and premises are uniform.
Duplex: A building designed for or occupied exclusively for residence purpose by two families.
Dwelling - Any building, or portion thereof, which is designed or used exclusively for residential purposes,
but not including a tent, cabin, trailer, or mobile home.
Dwelling, Single-Family - A building designed for or occupied exclusively by and for residence purposes
by one family.
Dwelling, Multiple - A building or portion thereof designed for or occupied exclusively for residence
purposes by more than two families.
Family - One or more persons occupying a single housekeeping unit and using common cooking facilities.
Garage - Is a building or portion thereof in which a motor vehicle containing gasoline, distillate or other
volatile, flammable liquid in its tank is stored, repaired, or kept.
Garage, Private - Is a building or part thereof accessory to a main building and providing for the storage of
automobiles and in which no occupation or business for profit is carried on.
Garage Public or Storage - Is a building or part thereof other than a private garage for the storage of
motor vehicles and in which service station activities may be carried on.
Grade - The average elevation of the finished ground at the exterior walls of the main building.
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CITY OF MANNING ZONING ORDINANCE
Health Care Facility - Any residential care facility, intermediate care facility, or skilled nursing facility.
A. Residential Care Facility - Any institution, place, building, or agency providing for a period
exceeding twenty-four consecutive hours accommodation, board, personal assistance and other
essential daily living activities to three or more individuals, not related to the administrator or
owner thereof within the third degree of consanguinity, who by reason of illness, disease, or
physical or mental infirmity are unable to sufficiently or properly care for themselves but who do
not require the services of a registered or licensed practical nurse except on an emergency basis.
B. Intermediate Care Facility - Any institution, place, building or agency providing for a period
exceeding twenty-four consecutive hours accommodation, board, and nursing services, the need
for which is certified by a physician, to three or more individuals, not related to the administrator
or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or
physical or mental infirmity require nursing services which can be provided only under the
direction of a registered nurse or a licensed practical nurse.
C. Skilled Nursing Facility - Any institution, place, building, or agency providing for a period
exceeding twenty-four consecutive hours accommodation, board, and nursing services, the need
for which is certified by a physician, to three or more individuals not related to the administrator
or owner thereof within the third degree of consanguinity who by reason of illness, disease, or
physical or mental infirmity require continuous nursing care services and related medical services,
but do not require hospital care. The nursing care services provided must be under the direction
of a registered nurse on a twenty-four hour per day basis.
Home Occupation - An occupation conducted in a dwelling unit, provided that:
A. No person other than members of the family residing on the premises shall be engaged in such
occupation;
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor
area of the dwelling unit shall be used in the conduct of the home occupation;
C. There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation other than one sign, not exceeding one square
foot in area, non-illuminated, and mounted flat against the wall of the principal building;
D. No home occupation shall be conducted in any accessory building; except by Special Exception
of Board of Adjustment.
E. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by the
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REGION XII COUNCIL OF GOVERNMENTS
conduct of such home occupation shall be met by providing off street parking and shall not be in a
required front yard.
F. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the
occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in
other than a single-family residence. No equipment or process shall be used which creates visual or
audible interference in any radio or television receivers off the premises, or cause fluctuations in line
voltage off the premises.
Hospital - An institution which is devoted primarily to the maintenance and operation of facilities for the
diagnosis, treatment or care over a period exceeding twenty-four hours of two or more nonrelated
individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the
rendering over a period exceeding twenty-four hours of obstetrical or other medical or nursing care for
two or more nonrelated individuals, or any institution, place, building or agency in which any
accommodation is primarily maintained, furnished or offered for the care over a period exceeding
twenty-four hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or
convalescent care; and shall include sanatoriums or other related institutions. Provided, however, this shall
not apply to hotels or other similar places that furnish only food and lodging, or either, to their guests.
“Hospital” shall include, in any event, any facilities wholly or partially constructed or to be constructed with
federal financial assistance, pursuant to Public Law 725, 79th Congress, approved August 13, 1946.
Hotel- Is a building occupied as the more or less temporary residence of individuals who are lodged for
compensation with or without meals, in which there are sleeping rooms or suites of rooms with no
provision made for cooking in any individual room or suite of rooms, and entrance is through a common
lobby or office.
Junk Yard - Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or
packed, disassembled or handled, including places or yards for storage of salvaged house wrecking and
structural steel materials and equipment; but not including areas where such uses a conducted entirely
within a completely enclosed building and not including the processing of used, discarded or salvaged
materials as part of manufacturing operations.
Lodging House - A "lodging house" is a building originally designed for, or
used as single-family, two-family, or multiple-family dwelling, all or a portion of which contains lodging
rooms or rooming units which accommodate persons who are not members of the keeper's family.
Lodging or meals, or both, are provided for compensation. The term “lodging house” shall be construed to
include: boarding house, rooming house, fraternity house, sorority house and dormitories.
Lot - For purposes of this Ordinance, a Lot is a parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are
herein required. Such lot shall have frontage on an improved public street, or on an approved private
street, and may consist of:
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CITY OF MANNING ZONING ORDINANCE
A. A single lot of record,
B. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots of record and portions of lots of
record, or of portions of lots of record;
D. A parcel of land described by metes and bounds; provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirements of this
Ordinance.
Lot Frontage - The front of a lot shall be the portion nearest the street. For the purposes of determining
yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered
frontage, and yards shall be provided as indicated under Yards in this section.
Lot Measurements A. Depth of a lot shall be the distance between the midpoints of straight lines connecting the
foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. Width of a lot shall be the distance between straight lines connecting front and rear lot lines at
each side of the lot, measured across the building line, provided, however, that width between side
lot lines at their foremost points (where they intersect with the street line or front property line) shall
not be less than 80 percent of the required lot width except in the case of lots on the turning circle of
cul-de-sac where 80 percent requirement shall not apply.
Lot of Record - A lot which is part of a Subdivision recorded in the Office of the County Recorder, or a
lot or parcel described by metes and bounds, the description of which has been so recorded.
Lot Types – Plate 1 illustrates terminology used in this Ordinance with reference to "corner" lots,
“interior" lots, "reversed corner” lots and "double frontage" lots as follows:
"corner” lot - a lot located at the intersection of two or more streets.
"interior" lot - a lot other than a corner lot with only one frontage on a street other than an alley.
"double frontage" lot - a lot other than a corner lot with frontage on more than one street other
than an alley. Lots with frontage on two non-intersecting streets may be referred to as "through"
lots.
"reversed corner" lot - a corner lot, the side street line of which is substantially a continuation of
the front lot line of the first lot to its rear.
Mobile Home - Any structure used for living, sleeping, business or storage purposes, having no
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REGION XII COUNCIL OF GOVERNMENTS
foundation other than wheels, blocks, skids, jacks, horses, or skirtings, and which is, has been, or
reasonably may be, equipped with wheels or other devices for transporting the structure from place to
place, whether by motive power or other means. The term “mobile home” shall include camp car and
house car.
Motel (Also Motor Hotel, Motor Court, Motor Lodge, or Tourist Court) - Is a building or group of
buildings designed to provide sleeping accommodations to transient guests for compensation, and
provides near each guest room a parking space for the guest's vehicle. A swimming pool, restaurant,
meeting rooms, management offices and other such accessory facilities may be included.
Nonconformities - Lots, structures, uses of land and structures, or characteristics of uses, which are
prohibited under the terms of the Zoning Ordinance but were lawful at the date of` the Ordinance's
enactment.
Nursing or Convalescent Home - A building or structure having accommodations and where care is
provided for invalid, infirm, aged, convalescent, or physically disabled persons, not including insane and
other mental cases, inebriate, or contagious cases.
Parking Space - An area of not less than two hundred fifty (250) square feet either within a structure or in
the open, exclusive of driveway or access drives, for the parking of a motor vehicle.
Permitted Use - A use by right which is specifically authorized in a particular zoning district.
Principal Use - The main use of land or structures as distinguished from an accessory use.
Projections (into yards) - Parts of buildings such as architectural features that extend beyond the building's
exterior wall.
Setback - The required distance between every structure and lot line on the lot in which it is located.
Statement of Intent - A statement preceding regulations for individual districts, intended to characterize
the districts, and their legislative purpose.
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.
Story, half - A space under a sloping roof which has the line of intersection of roof decking and wall face
not more than four (4) feet above the top floor level. A half-story containing independent apartments or
living quarters shall be counted as a full story.
Street – All property dedicated or intended for public or private use for access to abutting lands or
subject to public easements therefore, and whether designated as a street, highway, thoroughfare,
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CITY OF MANNING ZONING ORDINANCE
parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise
designated.
Street Line - The right-of-way line of a street.
Structure - Structure is anything constructed or erected which requires location on the ground or
attached to something having location on the ground, including signs and billboards, but not including
fences or walls used as fences.
Structural Alteration - Any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
Use - The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended,
or for which it is occupied or maintained.
Variance - A device used by the Board of Adjustment which grants a property owner relief from certain
provisions of a Zoning Ordinance when, because of the particular physical surroundings, shape, or
topographical condition of the property, compliance would result in particular hardship upon the owner, as
distinguished from a mere inconvenience or a desire to make more money and which condition is not of
the owners own making.
Yard - An open space on the same lot with a building, unoccupied and unobstructed by any portion of a
structure from the ground upward, excepting as otherwise provided herein. In measuring a yard for the
purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the
lot line and the main building shall be used. Fences and walls are permitted in any yard, subject to height
limitations as indicated herein.
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 or unenclosed porches.
The narrow frontage on a corner lot.
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, unenclosed balconies or unenclosed porches. On corner
lots, the rear yard shall be considered as adjoining the street upon which the lot has its greater dimension.
On both corner lots and interior lots the opposite end of the lot from the front yard.
Yard, Side - A yard extending from the front yard to the rear yard and measured between the side lot lines
and the building.
Zoning Administrator - The local Official responsible for granting Zoning Permits and following a
determination by the Zoning Board of Adjustment for special exceptions and variances. Decisions of the
Official may be appealed to the Board of Adjustment.
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REGION XII COUNCIL OF GOVERNMENTS
Zoning District - A section the City designated in the Zoning Ordinances text and delineated on the
Zoning Map in which requirements for the use of land, the building and development standards are
prescribed. Within each district, all requirements are uniform.
Zoning Map - The Map delineating the boundaries of districts which, along with the zoning text, comprises
the Zoning Ordinance.
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CITY OF MANNING ZONING ORDINANCE
CHAPTER FOUR
NON-CONFORMITIES
1.04 NON-CONFORMITIES
1.04
NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NONCONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND
PREMISES, AND NON-CONFORMING CHARACTERISTICS OF USE.
1.04.01 - INTENT
Within the districts established by this Ordinance there exist:
A.
B.
C.
D.
lots,
structures,
uses of land and structures, and
characteristics of use,
which were lawful before this Ordinance was passed or amended, but which are prohibited, regulated, or
restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to
permit these non-conformities to continue until they are removed, but not to encourage their survival.
Further non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for
adding other structures or uses prohibited elsewhere in the same district.
To avoid undue hardship, nothing in this 'Ordinance' shall be deemed to require a change in the plans,
construction or designated use of any building on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this Ordinance and upon which actual building
construction has been carried on diligently. Actual construction is hereby defined to include the placing
of construction materials in permanent position and fastened in a permanent manner. Where excavation
or demolition or removal of an existing building has been substantially begun preparatory to rebuilding,
such excavation or demolition or removal of an existing building has been substantially begun
preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual
construction, provided that work shall be carried on diligently.
1.04.02 -
NON-CONFORMING LOTS OF RECORD
In any district in which single-family dwelling are permitted, a single-family dwelling and customary
accessory buildings may be erected on any single lot of record at the effective date of adoption or
amendment of this Ordinance, notwithstanding limitations imposed by other provisions of the
Ordinance. This Provision shall apply even though such lot fails to meet the requirements for area or
width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
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REGION XII COUNCIL OF GOVERNMENTS
Variance of yard requirements shall be obtained only through the action of the Board of Adjustment.
1.04.03
NON-CONFORMING USES OF LAND (OR LAND WITH MINOR
STRUCTURES ONLY)
Where at the time of passage of this Ordinance lawful use of land exists which would not be permitted
by the regulations imposed by this Ordinance, and where such use involves no individual structure with
a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise
lawful, provided:
A. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater
area or land than was occupied at the effective date of adoption or amendment of this Ordinance.
B. No such non-conforming use shall be moved in whole or in part to any other portion of the
lot or parcel occupied by such use at the effective date of adoption or amendment or this
Ordinance.
C. If any such non-conforming use of land ceases for any reason for a period of more than six
(6) months or twelve (12) months in any eighteen (18) month period, any subsequent use of such
land shall conform to the regulations specified by this Ordinance for the district
in which such land is located.
D. No additional structure not conforming to the requirements of this Ordinance shall be
erected in connection with such non-conforming use of land,
1.04.04 - NON-CONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that
could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage,
height, yards, its location on the lot, or other requirements concerning the structure, such structure
may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such non-conforming structure may be enlarged or altered in such a way which increases
its non-conformity, but any structure or portion thereof may be altered to decrease its nonconformity.
B. Should such non-conforming structure or non-conforming portion of structure be destroyed by
any means to an extent of more than 60 percent of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this Ordinance.
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located after it is moved.
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CITY OF MANNING ZONING ORDINANCE
1.04.05 - NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND
PREMISES IN COMBINATION
If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of
structure and premises in combination, exists at the effective date of adoption or amendment of this
Ordinance, that would not be allowed in the district under the terms of this Ordinance, the lawful use
may be continued so long as it remains otherwise lawful, subject to the following provisions.
A. No existing structure devoted to a use not permitted by this Ordinance in the district in which it
is located shall be enlarged, extended, constructed, reconstructed, or structurally altered except in
changing the use of the structure to a use permitted in the district in which it is located.
B. Any non-conforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the time of adoption or amendment of this
Ordinance, but no such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any non-conforming use of a structure, or structure and
premises, may as a special exception be changed to another non-conforming use provided that the
Board of adjustment, either by general rule or by making findings in the specific case, shall find that
the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate
conditions and safeguards in accord with the provisions of this Ordinance.
D. Any structure, or structure and land in combination, in or on which a non-conforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the district, and the
non-conforming use may not thereafter be resumed.
E. When a non-conforming use of a structure, or structure and premises in combination, is
discontinued or abandoned for twelve (12) consecutive months or for eighteen (18) months during
any three-year period (except when government action impedes access to the premises) the structure,
or structure and premises in combination, shall not thereafter be used except in conformity with the
regulations of the district in which it is located.
F. When non-conforming use status applies to a structure and premises in combination, removal or
destruction of the structure shall eliminate the non-conforming status of the land. Destruction for
the purpose of the subsection is defined as damage to an extent of more than 60 percent of the
replacement cost at time of destruction. Replacement shall begin within 6 months of the time of
destruction or the non-conforming status shall expire.
1.04.06 - REPAIRS AND MAINTENANCE
15
REGION XII COUNCIL OF GOVERNMENTS
On any building devoted in whole or in part to any non-conforming use, work may be done on
ordinary repairs, provided that the cubic content of the building as it existed at the time of passage or
amendment of this Ordinance shall not be increased.
1.04.07 USES UNDER SPECIAL EXCEPTION PROVISIONS NOT NON-CONFORMING
USES
Any use which is permitted as a special exception in a district under the terms of this Ordinance (other
than a change through Board of Adjustment action from a non-conforming use to another use not
generally permitted in the district) shall not be deemed a non-conforming use in such district, but shall
without further action be considered a conforming use.
16
CITY OF MANNING ZONING ORDINANCE
CHAPTER FIVE
ADMINISTRATIVE OFFICIAL
1.05 ADMINISTRATIVE OFFICIAL
1.05.01 ADMINISTRATION AND ENFORCEMENT
An administrative official designated by the City Council shall administer and enforce this Ordinance.
The official may be provided with the assistance of such other persons as the City Council may direct.
If the Administrative Official shall find that any of the provisions of this Ordinance are being violated,
the official shall notify in writing the person responsible for such violations, indicating the nature of
the violation and noting the action necessary to correct it. The official shall also notify the City
Attorney, when appropriate, who shall take any action necessary to correct the violation.
1.05.02 - BUILDING PERMITS REQUIRED
No building or other structure shall be erected, moved, added to, or the building footprint altered
without a permit therefore issued by the administrative official. No building permit shall be issued
except in conformity with the provisions of the Ordinance, except after written order from the Board
of Adjustment. Fees for building permits shall be as provided by City resolution.
1.05.03 APPLICATION FOR BUILDING PERMIT
All applications for building permits shall be accompanied by a plan showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already
existing, if any; and the location and dimensions of the proposed building or alteration. The
application shall include existing or proposed building or alteration; existing or proposed uses of the
building and land; the number of families, housekeeping units, or rental units the building is designed
to accommodate; conditions existing on the lot; and such other matters as may be necessary to
determine conformance with, and provide for the enforcement of, this Ordinance.
17
REGION XII COUNCIL OF GOVERNMENTS
CHAPTER SIX
BOARD OF ADJUSTMENTS
1.06 BOARD OF ADJUSTMENT
1.06.01 - BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE
A. Board Created. A Board of Adjustment is hereby established which shall consist of five (5)
members. The terms of office of the members of the Board and the manner of their
appointment shall be as provided by Statute. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant. No more than 2 members shall be involved in the
business of purchasing or selling of real estate.
B. Proceedings of the Board of Adjustment. The Board of Adjustment shall adopt rules
necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance.
Meetings shall be held at the call of the Chairman and at such other time as the Board may
determine. The Chairman, or in the Chairman’s absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings shall be open to the Public.
The Board of Adjustment shall, through its Secretary, keep minutes of its proceedings, showing
the vote of each member upon each question or if absent or failing to vote indicating such fact,
and shall keep records of its examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public record. All actions of the
Board concerning special exceptions or variances shall also be recorded
in the office of the county Recorder. It shall be the responsibility of the appellant to record
said action and all corresponding stipulations and further said action shall take effect upon the
Board receiving sufficient confirmation of the same. A copy of said action shall also be filed in
the office of the Administrative Official.
1.06.02 - BOARD OF ADJUSTMENT: POWERS AND DUTIES
The Board of Adjustment shall have the following powers and duties:
A. Administrative Review. To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the Administrative Official in the
enforcement of this Ordinance.
1. Appeals to the Board may be taken by any person aggrieved, or by any officer,
department, board or bureau of the City of Manning affected by any decision of the
administrative officer. Such appeal shall be taken within ten (10) days by filing with the
administrative officer, and with the Board a notice of appeal specifying the grounds thereof.
18
CITY OF MANNING ZONING ORDINANCE
The administrative officer shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from is taken.
2. The Board shall fix a reasonable time for the hearing of the appeal, and give not less
than five days public notice thereof by due notice to the parties in interest, and decide the
same within 30 days. At said hearing, any party may appear in person, by agent or by
attorney.
3. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action
appealed from, unless the Administrative Official from whom the appeal is taken certifies
to the Board of Adjustment after the Notice of Appeal is filed with him, that by reason of
facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and
property. In such case proceedings shall not be stayed other 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 Administrative Official from whom the appeal is taken and on due cause
shown.
B. Special
Exceptions:
Conditions
Governing
Applications;
Procedures.
To hear and decide only such special exceptions as the Board of Adjustment is specifically
authorized to pass on by the terms of this Ordinance; to decide such questions as are involved in
determining whether special exceptions should be granted; and to grant special exceptions with
such conditions and safeguards as are appropriate under this Ordinance, or to deny special
exceptions when not in harmony with the purpose and intent of this Ordinance. A special
exception shall not be granted by the Board of Adjustment unless and until:
1. A written application for a special exception is submitted indicating the section of this
Ordinance under which the special exception is sought and stating the grounds on which it
is requested;
2. The owner of the property for which special exception is sought or their agent shall be
notified by mail of the time and date of the hearing. Notice of such hearings shall be
posted at the City Hall and published in a newspaper of general circulation in the City, at
least 15 days and not more than 20 days prior to the Public Hearing;
3. The public hearing shall be held. Any party may appear in person, or by agent or
attorney;
4. The Board of Adjustment shall make a finding that it is empowered under the section of
this Ordinance described in the application to grant the special exception, that the granting
of the special exception, will not adversely affect the public interest.
19
REGION XII COUNCIL OF GOVERNMENTS
C. Variance, Conditions Governing Application; Procedures. 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 would result in unnecessary hardship. A variance from the terms of this
Ordinance shall not be granted by the Board of Adjustment unless and until:
1. A written application for a variance is submitted demonstrating:
a. That special conditions and circumstances exist which are peculiar to land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same district;
b. That literal interpretation of the provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under the
terms of this Ordinance;
c. That the special conditions and circumstances do not result from the actions of the
applicant;
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in the
same district.
No non-conforming use of neighboring lands, structures, or buildings in the same district,
and no permitted or non-conforming use of land, structures, or buildings in other districts
may be considered ground for the issuance of a variance.
2. Notice of Public Hearing shall be provided as per section 1.06.02.
3. The Public Hearing shall be held. Any party may appear in person, or by agent or by
attorney.
4. The Board of Adjustment shall make findings that requirements of Section 1.06.02 have
been met by the applicant for a variance;
5. The Board of Adjustment shall further make a finding that the reasons set forth in the
application justify the granting of the variance, and that the variance is the minimum variance
that will make possible the reasonable use of the land, building, or structure.
6. The Board of Adjustment shall further make a finding that the granting of the variance will
be in harmony with the general purpose and intent of this Ordinance, and will not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
20
CITY OF MANNING ZONING ORDINANCE
In granting any variance, the Board of Adjustment may prescribe appropriate conditions
and safeguards in conformity with this Ordinance. Violation of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of this Ordinance and punishable under this Ordinance.
Under no circumstances shall the Board of Adjustment grant a variance to allow a use not
permissible under the terms of this Ordinance in the district involved or any use expressly
or by implication prohibited by the terms of this Ordinance is said district.
D. The concurring vote of a majority of the members of the Board shall be necessary to
reverse any order, requirement, decision, or determination of the administrative official, or to
decide in favor of the applicant on any matter upon which it is required to pass under this
Ordinance, or to effect any variation in the application of this Ordinance. (Amended by
Ordinance No. 267)
E. The council may provide for its review of variances granted by the Board of Adjustment
before their effective date. The council may remand a decision to grant a variance to the Board
of Adjustment for further study. The effective date of the variance is, in such case, delayed for
thirty days from the date of the remand.
1.06.03 - APPEALS FROM THE BOABD OF ADJUSTMENT
Any person or persons, or any taxpayer, department, board or bureau of the City aggrieved by any
decision of the Board of Adjustment may seek review by a court of record of such decision, in the
manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.
21
REGION XII COUNCIL OF GOVERNMENTS
CHAPTER SEVEN
DISTRICT REGULATIONS
1.07 DISTRICT REGULATIONS
1.07.01 – DISTRICTS ESTABLISHED
The City and unincorporated areas are herewith divided into the following districts:
A-1
CN
R-S
R-M
MH
C-1
C-2
M-1
M-2
Agricultural District
Conservation District
Residential Single-Family District
Residential Multi-Family District
Mobile Home District
Light Commercial District
Central Business Commercial District
Light Industrial District
Heavy Industrial District
These Districts are established within the City of Manning and surrounding
unincorporated areas as identified on the Official Zoning Map which, together with all explanatory
matters thereon, is hereby adopted by reference and declared to be part of this Ordinance.
22
CITY OF MANNING ZONING ORDINANCE
1.07.02 - AGRICULTURAL DISTRICT
A. Intent. This district is intended to provide for areas in which agriculture and related uses are
encouraged as the principal use of land. However, uses which may be offensive to the surrounding
area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic or physical
appearance or other similar factors are not permitted. The district prohibits urban density residential
use until these areas may be served by utilities and services of the City. This district is also intended to
preserve land suited for eventual development into other uses, pending proper timing for economical
and practical provisions of streets, utilities, schools and other faculties so that reasonably compact
development will occur and the fiscal integrity of the City is preserved. All newly annexed areas to
the City will automatically be placed into this district classification unless otherwise suitably classified.
B. Permitted Uses. The following uses are permitted in the A-1 District:
1. Agriculture, including the usual agricultural buildings and structures and excluding offensive
uses.
2. Home Occupations.
3. Single-family homes.
C. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted
use in the A-1 District.
1. Private garages, barns and other farm buildings.
2. Roadside stands offering for sale only agricultural products or other products produced on the
premises.
3. Temporary buildings for the uses incidental to construction work which buildings shall be
removed upon the completion or abandonment of the construction work.
D. Special Exceptions. Certain uses may be permitted in the A-1 District subject to specific
conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
1. Cemeteries, crematories or mausoleums
2. Commercial kennels
3. Stables, private or public
4. Greenhouses and nurseries
5. Publicly operated sanitary landfills
23
REGION XII COUNCIL OF GOVERNMENTS
6. Private recreational camps, golf courses and recreational facilities.
7. Public or private utility substations, relay stations, etc.
8. Churches and publicly owned and operated buildings and facilities.
9. Public parks and recreation open space.
E. Bulk Regulations. The following requirements shall provide for light and air around permitted uses
and buildings in the A-1 District.
1. Minimum lot area
dwellings: 2 acres
other uses: 5 acres
2. Minimum lot width
dwellings: 150 feet
other uses: 200 feet
3. Minimum front yard
dwellings: 50 feet
other uses: 50 feet
4. Minimum side yard
dwellings: 15 feet
other uses: 25 feet
5. Minimum rear yard
dwellings: 40 feet
other uses: 40 feet
6. Maximum height - the lesser of:
dwellings: 2 1/2 stories of 35 feet
other uses: 2 1/2 stories of 35 feet, excluding farm buildings
F. Off-street Parking. The following off-street parking requirements shall apply in the A-1 District:
1. Dwellings: two (2) parking spaces on the lot for each living unit in the building.
2. Churches: one (1) parking space on the lot for each 5 seats in the main auditorium.
3, Public buildings and facilities: one parking space for each 300 square feet of grass or floor area.
24
CITY OF MANNING ZONING ORDINANCE
4. Roadside stands: one (1) parking space for each 50 square feet of floor area.
5. Greenhouses and nurseries: one (1) parking space per 1,000 square feet of enclosed floor
area.
G. Off-street Loading. The following off-street loading requirements shall apply in the A-1 District:
1. All activities or uses allowed in the A-1 District shall be provided with adequate receiving
facilities accessible by motor vehicle off any adjacent service drive or open space on the same
zoning lot.
2. Loading shall not be permitted to block public right-of-way.
25
REGION XII COUNCIL OF GOVERNMENTS
1.07.03 – CN CONSERVATION DISTRICT
A. Intent. This district is intended to prevent, in those areas which are subject to periodic or
potential flooding, such development as would result in a hazard to health or safety or be otherwise
incompatible with the public welfare. This district is also intended to provide for
water conservation, erosion control, protection of wildlife habitat, protect natural erosion control,
protect natural drainage ways and to generally provide for ecologically sound land use of
environmentally sensitive areas.
B. Permitted Uses. The following uses are permitted in the CN District:
1. Undeveloped and unused land in its natural condition.
1. Public parks and recreation open space.
C. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted
use in the CN District:
1. Agriculture, exclusive of dwelling units.
2. Agricultural or recreational buildings or structures whose use or value would not be impaired
by being flooded.
3. Flood control structures
4. Roadside stands offering for sale only agricultural products or other products produced on
the premises.
5. Temporary buildings for the uses incidental to construction work which buildings shall be
removed upon, the completion or abandonment of the construction work.
D. Special Exceptions. Certain uses may be permitted in the CN District subject to specific
conditions and requirements intended to make them compatible with and acceptable to adjacent
uses.
1. Cemeteries, crematories or mausoleums
2. Stables, private or public
3. Greenhouses and nurseries
26
CITY OF MANNING ZONING ORDINANCE
4. Private recreational uses
5. Public or private utility - substations, relay stations, etc.
E. Bulk Regulations. The following requirements shall provide for light and air around permitted uses
and buildings in the CN District.
1. Minimum lot area - 5 acres
2. Minimum lot width - 200 feet
3. Minimum front yard - 50 feet
4. Minimum side yard - 25 feet
5. Minimum rear yard - 40 feet
6. Maximum height - 2 1/2 stories or 35 feet, excluding farm buildings
F. Off-street Parking. The following off-street parking requirements shall apply in the CN District:
1. Roadside stands: one (l) parking space for each 50 square feet of floor area.
2. Greenhouses and nurseries: one (1) parking space per 1,000 square feet of enclosed floor
area.
G. Off-street Loading. The following off-street loading requirements shall apply in the CN District:
1. All activities or uses allowed in the CN District shall
with
adequate
receiving
facilities
accessible
by
motor
any adjacent service drive or open space on the same zoning lot.
be provided
vehicle
off
2. Loading shall not be permitted to block public right-of-way.
27
REGION XII COUNCIL OF GOVERNMENTS
1.07.04 - R-S RESIDENTAL SINGLE FAMILY DISTRICT
A. Intent. This district is intended to provide for a variety of single family residential areas where
public utilities and services are available and to encourage a suitable living environment through the
promotion of public health, safety and welfare. Low and medium population density
neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria
such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other
public facilities shall be taken into consideration when the lot area requirement is established for the
various single family residential areas of the city.
B. Permitted Uses. The following uses are permitted in the R-S District:
1. Single family detached dwellings.
2. Duplexes.
3. Home Occupations.
4. Public parks and recreation open spaces.
C.
Accessory Uses. Uses of land or
subordinate to a permitted use in the R-S District:
structure
customarily
incidental
and
1. Private garages.
2. Raising and keeping of animals and fowl, but not on a commercial basis or on a scale
objectionable to neighbors; the keeping or raising of pigs, sheep, goats. cattle or horses is prohibited
except on premises containing two (2) acres or more and except within an enclosure at least one
hundred (100) feet from any residence now existing or hereafter erected.
3. Private recreational facilities.
4. Temporary buildings for the use incidental to construction work which buildings shall be
removed upon the completion or abandonment of the construction work.
D. Special Exceptions. Certain uses may be permitted in the R-S District subject to specific conditions
and requirement intended to make them compatible with and acceptable to adjacent uses.
1. Nursery schools
2. Public or private utility substations, relay stations, etc.
28
CITY OF MANNING ZONING ORDINANCE
3. Churches and public owned and operated buildings and facilities
4. Private schools with a curriculum similar to public schools
5. Golf courses - but not miniature courses or separate driving tees
6. Satellite dishes greater than 30" in diameter. (ended by Ord. No. 268)
7. Bed and Breakfast Houses
C. Bulk Regulations. The following requirements shall provide for light and air around permitted
residential uses and buildings in the R-S District:
Zoning
Symbol
6 R-S
8 R-S
10 R-S
15 R-S
min. lot
min. lot
min. front
min. side
min. rear
acres
width
yard
yard
yard
(Sq. ft.) (Feet)
(Feet)
(Feet)
(Feet)
6,000
8,000
10,000
15,000
60
80
100
150
20
25
25
25
6
6
10
12
20
25
25
25
Where public sewer facilities are not available, not less than twenty thousand square feet-of lot area is
required.
Maximum height - the lesser of: 2 ½ stories or 35 feet.
D. Off-street Parking. The following off-street parking requirements shall apply in the R-S District:
1. Dwellings: two (2) parking spaces on the lot for each living unit in the building. For dwellings
not consisting of living units: two (2) parking spaces on the lot for each 1,000 square feet of floor
area.
2. Churches: one (1) parking space on the lot for each 5 seats in the main auditorium.
3. Elementary, junior high and equivalent private or parochial schools: one (1) parking space for
each classroom and office plus one (1) parking space per each 300 square feet of gross floor area
in auditorium or gymnasium.
4. Senior high schools and equivalent private or parochial schools: one (1) parking space for each
employee of maximum number employed at any one time and one (1) parking space for each ten
(10) students.
29
REGION XII COUNCIL OF GOVERNMENTS
5. Colleges. universities, institutions of higher learning, and equivalent private or parochial
schools: one (1) parking space for each employee of maximum number employed at any one time
and one (1) parking space for each five (5) students.
6.
Public buildings and
square feet of gross floor area.
facilities:
one
parking
space
for
each
300
7. Nursery schools: one (1) parking space for each employee of maximum number employed at
any one time.
E. Visibility at Intersections in Residential Districts. On a corner lot in any residential district,
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) and ten (10) feet above the centerline grades of the
intersecting streets in the area bounded by the street lines of such corner lots and a line joining points
along said street lines twenty-five (25) feet from the point of intersection of right-of-way lines.
F. Off-street Loading. The following off-street loading requirements shall apply in the R-S District:
1. All activities or uses allowed in the R-S District shall be provided with adequate receiving
facilities accessible by motor vehicle off any adjacent service drive or open space on the same
zoning lot.
2. Loading shall-not be permitted to block public right-of-way.
30
CITY OF MANNING ZONING ORDINANCE
1.07.05 R-M RESIDENTIAL MULTI-FAMILY DISTRICTS
A. Intent. This district is intended to provide for a variety of multi-family residential areas where
public utilities and services are available and to encourage a suitable living environment through the
promotion of public health, safety and welfare. Medium and high population density neighborhoods
are recognized and provided for by varying the minimum bulk regulations. Criteria such as
topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public
facilities shall be taken into consideration when the lot area requirement is established for the various
multi-family residential areas of the city.
B. Permitted Uses. The following uses are permitted in the R-M District:
1. Single Family detached dwellings.
2. Duplexes.
2. Multi-family dwellings. *As per Bulk Regulations
3. Public parks and recreation open space.
4. Health Care Faculties (residential and intermediate).
5. Home Occupations.
C. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted
use in the R-M District:
1. Private garages
2. Parking lots
3. Raising and keeping of animals and fowl, but not on a commercial basis or on a scale
objectionable to neighbors; the keeping or raising of pigs, sheep, goats, cattle or horses is
prohibited except on premises containing two (2) acres or more and except within an
enclosure at least one hundred (100) feet from any residence no existing or hereafter erected.
4. Private recreational facilities
5. Temporary buildings for the use incidental to construction work which buildings shall be
removed upon the completion or abandonment of the construction work.
D. Special Exceptions. Certain uses may be permitted in the R-M District subject to specific conditions
31
REGION XII COUNCIL OF GOVERNMENTS
and requirements intended to make them compatible with and acceptable to adjacent uses.
1. Nursery schools
2. Public or private utility substations, relay stations, etc.
3. Churches and public owned and operated buildings and facilities
4. Private schools with curriculum similar to public schools
5. Lodging houses, dormitories, fraternities and sororities
6. Satellite dishes greater than 30" in diameter. (Amended by Ord. No. 268)
7.Bed and Breakfast Houses
E. Bulk Regulations. The following requirements shall provide for light and air around permitted
residential uses and buildings in the RM District.
Zoning
min. lot
Symbol area per gross lot
dwelling
acre
(sq. ft.)
units
lot
area
min. min.
front side
width yard
(sq. ft.)(ft.)
min.
rear
yard
(ft.)
min.
max.
yard
(ft.)
min.
1 RM
2 RM
3 RM
4 RM
(43)
(21)
(14)
(10)
6,000
6,000
6,000
6,000
20
20
20
20
6
6
6
6
20
20
20
20
1,000
2,000
3,000
4,000
60
60
60
60
height
(ft.)
(ft.)
45
45
45
45
*Where public sever facilities are not available, not less than twenty thousand square feet of lot area is
required.
F. Off-street Parking. The following off-street parking requirements shall apply in the RM District.
1. Single family dwellings: two (2) parking spaces on the lot.
2. Multi-family dwellings: one (1) parking space on the lot for each dwelling unit.
3. Churches: one (1) parking space on the lot for each 5 seats in the main auditorium.
4. Elementary, junior high and equivalent private or parochial schools: one (1) parking space for
each classroom and office plus one (1) parking space per each 300 square feet of gross floor area
32
CITY OF MANNING ZONING ORDINANCE
in auditorium or gymnasium.
5. Senior high schools and equivalent private or parochial schools: one (1) parking space for each
employee of maximum number employed at any one time and one (1) parking space for each ten
(10) students.
6. Colleges. universities, institutions of higher learning, and equivalent private or parochial
schools: one (1) parking space for each employee of maximum number employed at any one time
and one (1) parking space for each ten (10) students.
7. Public buildings and facilities: one parking space for each 300 square feet of gross floor area.
8. Nursery schools: one (1) parking space for each employee of maximum number employed at
any one time.
G. Visibility at Intersections in Residential Districts. On a corner lot in any residential district,
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) and ten (10) feet above the centerline grades of the
intersecting streets in the area bounded by the street lines of such corner lots and a line joining points
along said street lines twenty-five (25) feet from the point of intersection of right-of-way lines.
H. Off-street Loading. The following off-street loading requirements shall apply in the RM District:
1. All activities or uses allowed in the RM District shall be provided with adequate receiving
facilities accessible by motor vehicle off any adjacent service drive or open space on the same
zoning lot.
2. Loading shall-not be permitted to block public right-of-way.
33
REGION XII COUNCIL OF GOVERNMENTS
1.07.07 – M-H MOBILE HOME DISTRICT
A. Intent. This district is intended to provide for certain medium density residential areas in the
city now developed as Mobile Home Parks which by reason of their design and location are
compatible with surrounding residential areas and areas of the city where similar development
seems likely to occur. This district has useful application as a transition zone between shopping
areas and residential areas and is normally located along thoroughfares where direct access to the
site is available.
B. Definitions.
1. Approved Mobile Home Park Development Plan. Mobile home park development plan
approved by the City Council.
2. Appurtenances. An attached or detached enclosed addition to a mobile home, situated on the
mobile home lot for the use of its occupants, such as an enclosed carport, garage, storage shed, or
items of a similar nature.
3. Building Codes. Those applicable codes enforced by the City of Manning, Iowa.
4. Common Area. Any area or space designated for joint use of tenants occupying mobile
home parks.
5. Community Building. A building housing toilet and bathing faculties for men and women, a
slop-water sink and such other faculties as may be required by this Chapter of the Code of
Iowa.
6. Driveway. A minor private way used by vehicles and pedestrians on a mobile home lot.
7. Existing Installations. Those installations which were constructed before the effective date of
this Ordinance.
8. Mobile Home. A mobile home means any vehicle without motive power used or so
manufactured or constructed as to permit its being used as a conveyance upon the public streets
and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used
as a place for human habitation by one or more persons; but shall also include any such vehicle
with motive power not registered as a motor vehicle in Iowa. A Mobile Home shall be a
minimum of ten (10) feet in width and thirty-two (32) feet in length.
9. Mobile Home Lot. A parcel of land for the placement of a single mobile home and the
exclusive use of its occupants.
10. Mobile Home Park. A parcel of land under single ownership which has been planned and
improved for the placement of mobile homes for non-transient use.
34
CITY OF MANNING ZONING ORDINANCE
11. Mobile Home Park Development Plan. A Custom-made design for a specific site or area
consisting of drawings, maps, and engineering details to set forth the boundary, topography and
overall park design, including streets, parking facilities, mobile home lot locations and service
facilities.
12. Mobile Home Stand. That part of an individual mobile home lot which has been reserved
for the placement of the mobile home and any appurtenances thereto.
13. New Installations. Those which are proposed for construction after the effective date of this
Chapter.
14. Plat. A map, plan, or chart of a city, town, section, or subdivision, indicating the location
and boundaries of individual properties.
15. Private Street. A private way which affords principal means of access to abutting individual
mobile home lots or accessory buildings.
16. Property Line. A recorded boundary of a plat.
17. Right-of-Way. The areas, either public or private, over which the right of passage exists.
18. Skirting. The materials and construction around the perimeter of a mobile home floor
between the bottom of the mobile home floor and the grade level of the mobile home stand.
19. Tenant Storage. An enclosed space designed to provide auxiliary general storage space for an
individual mobile home.
20. Transient Use. The occupancy of a mobile home lot by a mobile home for a period of
fourteen (14) days or less.
21. Travel Trailer. A vehicular, portable structure on a chassis, designed to be used as a
temporary dwelling.
22. Yards. The area on the same lot with a mobile home between the lot line and the front,
rear, or side of the mobile home. For purposes of this Ordinance the "front" of a mobile home
shall be considered as that part of the mobile home facing toward the approved street or rightof-way as required by this Chapter.
B. General Requirements.
1. The area proposed for a mobile home park shall consist of at least five (5) acres of gross
35
REGION XII COUNCIL OF GOVERNMENTS
development area or provide for a minimum of thirty (30) mobile home lots. Such area may be
developed in two, provided that said stages conform in all respects with the overall mobile home
park development plan.
2. Occupancy shall not be permitted until all facilities and improvements are installed and
operational for not less than twenty (20) mobile home lots.
3. The maximum density allowed for the gross development area shall be six (6) mobile homes
units per gross acre or as provided in Section F.
4. Every mobile home park shall be constructed and maintained in accordance with the
approved mobile home park development plan.
5. All mobile homes shall be located and maintained in full conformity with the approved
mobile home park development plan.
6. Mobile homes to be used and occupied for dwelling purposes shall be located or placed only
in lawfully operated mobile home parks.
7. An annual inspection of the mobile home park shall be made by a City building official prior to
the City's approval for renewal of the annual state license. The building official shall assure that all
provisions and requirements of the approved mobile home park plan are being maintained. The
mobile home park owner shall be notified of any nonconforming items and given 60 days in
which to comply prior to renewal of the license.
C. Procedure for obtaining an approved mobile home park.
1. The owner of any tract of ground located within the corporate limits of the City of Manning
who may wish to establish, enlarge, or extend a mobile home park, shall submit four (4) copies of
a mobile home park development plan to the Planning and Zoning Commission.
2. The Planning and Zoning Commission shall render to the City Council a report on the
development plan to include but not limited to the following factors:
a. The relation of the proposed mobile home park to the public interest.
b. The effect of the proposed mobile home park to adjacent property values.
c. The consistence and compliance of the proposed mobile home park with the provision
of this ordinance.
d. The suitability of the site for present development.
36
CITY OF MANNING ZONING ORDINANCE
e. A recommendation as to the approval or disapproval of proposed plans and locations.
3. The City Council upon receipt of the plan shall hold a public hearing on the proposed
plans upon receipt of written recommendation from the Planning and Zoning Commission
and the Iowa Board of Health. The City Council shall take action upon the proposed plans
of the proposed mobile home park and approve or disapprove the same.
D. Mobile Home Park Development Plan.
1. No mobile home shall be located on land or water unless and until the required mobile home
development plan is officially approved by resolution of the City Council and the required licensing
provisions of the Code of Iowa are complied with.
2. The proposed mobile home park development plan shall show the following:
a. Topography with topographic lines at a minimum of five (5) foot intervals.
b. Park boundaries and dimensions.
c. Location and identification of all uses, including streets adjacent to and within the park;
walks, patios, mobile home stands, play areas, parks, and common spaces, parking areas,
utilities including street lighting and fire hydrants, physical features such as retaining walls,
fences, trees, and natural features, other information that may be required by the planning,
engineering, fire, health, or building departments, easements and dedications. Show gross area,
net area of uses and density.
d. A vicinity map of appropriate scale and covering sufficient adjoining territory so as to clearly
indicate nearby street patterns, property lines, and other significant features which will have a
bearing upon the proposed mobile home park.
3. If said mobile home park development plan contains no dedication to the City for streets or
utilities or should it be contemplated that the facilities of the City shall not be used for maintenance
of streets, sidewalks, water and sewer lines, garbage collection, or other related functions, then such
owner shall be required to record with such mobile home park plan a covenant as follows:
THAT
(Name of Owner)
BEING THE OWNER OR OWNERS OF REAL
ESTATE CONTAINED IN THE ABOVE ATTACHED MOBILE HOME PARK
DEVELOPMENT PLAN HEREBY CONSENT THAT
IF THEY OR THEIR
ASSIGNEES, HEIRS, OR THOSE HOLDING OR OWNING SAID LAND THROUGH
SAID OWNERS, FAIL TO MAINTAIN THE STREETS, SIDEWALKS, WATER AND
SEWER MAINS ACCORDING TO AND IN COMPLIANCE WITH THE MINIMUM
37
REGION XII COUNCIL OF GOVERNMENTS
STANDARDS FOR THE MAINTENANCE OF STREETS, SIDEWALKS, WATER AND
SEWER MAINS AS ESTABLISHED BY THE CITY OF MANNING, IOWA, THAT
AFTER TEN (10) DAYS NOTICE IN WRITING TO THE OWNER OF SAID LAND AS
SHOWN UPON THE RECORDS IN THE COUNTY AUDITOR’S OFFICE OF
CARROLL COUNTY, IOWA, AND AT THE ADDRESS HEREIN SHOWN, THEN
SAID OWNER, ASSIGNEES, HEIRS AND THOSE HOLDING OR OWNING
THROUGH SAID OWNERS, HEREBY AUTHORIZE THE CITY OF MANNING,
IOWA, TO MAKE ALL NECESSARY REPAIRS AND PERFORM ALL NECESSARY
MAINTENANCE AND FURTHER AUTHORIZE THE CITY OF MANNING, IOWA,
TO FILE A MECHANICS LIEN OR SUCH OTHER LIEN OR INCUMBRANCE
AGAINST SAID REAL ESTATE AND ENFORCE SAID LIEN PURSUANT TO LAWS
THEN APPLICABLE.
4. Exhibits required and instructions for preparing a Mobile Home Park Development Plan.
a. Final Development Plan.
i. Three (3) complete sets of the drawings and specifications of the proposed mobile
home park development plan shall be submitted to the Planning and Zoning
Commission for distribution to the City Clerk for review.
ii. The items required by the following list to be shown on each drawing are set forth as
guides and are subject to modifications, where not applicable or where additional
information is required by the City. So far as possible, drawings must be of uniform by
the City. So far as possible, drawings must be of uniform size, numbered consecutively,
arranged in the order listed below, and securely stapled on the left hand edge.
b. Cover Sheet.
i. Print in black or blue line on white paper.
ii. Title of project and project location.
iii. Index of drawings by name, numbered consecutively.
iv. Signature block setting forth the following:
Identification
Engineer - (Print name) by signature
Owner - (Print name) by signature and title
Date -Revised (Date)
c. Topographic Map.
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CITY OF MANNING ZONING ORDINANCE
i. Scale one inch equals 50 feet. This map shall be laid over the plot plan if practical to
do so without confusing the plot plan.
d. Plot Plan.
i. Scale one inch equals 50 feet.
ii. Land boundaries, dimension, angles, distance to street intersection; north point;
land area within boundaries excluding portions to be dedicated.
iii. Streets, alleys, or roads adjacent or within the project boundaries, together with
walks, curbs, pavement, steps, play areas, ramps, parking areas and drying yards, and
utilities such as gas, water, electric and sanitary and storm sewer lines: dimensions or
sizes for each, and distance from mobile home stand and accessory buildings or other
locating points; materials to be used for such items as walks, patios, and pavements, and
the extent of each; off-site construction noted as "new" or "existing” unless “new";
dimensions and areas of any land to be dedicated.
iv. Mobile home lots, and lot numbers, stands, locating dimension, and overall
dimension; location of accessory buildings.
v. Elevations of mobile home stands and patios, together with elevations of accessory
buildings; existing and new elevations of curbs and streets; invert elevations of sanitary
and storm sewers and direction of flow; elevations of streets, curbs, and other
construction in public right-of-way or in areas to be dedicated, as established or
approved by civil authorities having jurisdiction.
vi. Utilities servicing the property, or distance to point of connection and utility leadins
or
service
connections;
yard
lighting,
hose
bibs,
lawn
hydrants and lawn sprinkler systems with pipe sizes, controls, drains, and fire hydrants.
vii. Retaining and garden walls, fences, guard rails, garages and carports, dimensions,
details, and notes as necessary to provide definite information
of all features not otherwise clearly provided for.
viii. Existing trees and other natural features and whether to be removed or preserved.
e. Grading and Drainage Plans.
i. When essential information required hereafter cannot be clearly shown in its entirety
on the plot plan, a grading and drainage plan shall be provided.
39
REGION XII COUNCIL OF GOVERNMENTS
ii. Scale 1 inch equal 50 feet.
iii. North Point.
iv. All grades related to established City datum.
v. Proposed grading contours at not more than five foot intervals indicated in solid
line; existing contours indicated with dotted line.
vi. All existing and new grade elevations at mobile home stands and new grade
elevation at walks, drives, parking areas, drying yards, play areas, walks and steps.
vii. Yard drainage, together with controlling grades and dimensions of all tile lines,
culverts, catch basins, drain inlets, turf and masonry gutters, and all curb, drainage
disposal, and any existing facilities to be used.
f. Drawing of typical mobile home lots and stands, patio and storage facilities.
i. Scale 1/4 inch equal 1 foot or larger.
ii. Plan, sections, and details.
iii. Location and sizes of:
(a) Sewer and drain system - sanitary and storm
(b) Water distribution system
(c) Gas distribution system
(d) Electrical service lines
(e) Yard lighting
(f) Telephone service lines
g. Drawings of accessory structures.
i. All drawing of accessory structures shall be drawn as outlined in the City Building
Code.
ii. All accessory buildings shall be approved by the City Building Official and must
obtain a building permit before construction begins.
h. Public Water Supply.
i. Evidence that the public system will serve the development.
40
CITY OF MANNING ZONING ORDINANCE
ii. A topographic map of the development showing the size and location of the
distribution system and appurtenances. This map may be the same map as
the plot plan required in Section E.
iii. Complete working drawings and specifications of the distribution system and
appurtenances which describe accurately, clearly, and completely the materials and
methods of construction. Drawings acceptable to the City Water Department shall be
sufficient.
i. Public Sewage Disposal.
i. Evidence that the public system will serve the development.
ii. A topographic map of the development showing the size and location of the collection
system and appurtenances which describe accurately, clearly, and completely, the materials
and methods of construction. Drawings acceptable to the City Engineer shall be
sufficient.
5. Amending Procedure.
a. If it is found necessary to make material and substantial alterations or modifications to an
approved mobile home park development plan, such alterations or modifications shall be
subject to the approval of the City Council, following review and recommendation by the
Planning and Zoning Commission.
b. A request for approval of alterations or modifications of a previously approved mobile
home park development plan shall be accompanied by the same kind and number of exhibits
as is required for a new request for approval insofar as such exhibits are applicable to the
requested alterations or modifications. When City Council by official resolution approves the
revised mobile home park development plan, said revised plan will supplant the original
approved mobile home park development plan.
c. If a reasonable length of time has elapsed without significant progress having been made in
completion of the mobile home park or if there has in the interim been significant
environmental change within or surrounding the area covered by the plan, the City Council
may require that a revised plan be submitted by the developer.
F. Environmental, open space and access requirements.
1. Lot Area: Every lot upon which a mobile home unit is located shall have adequate access onto
41
REGION XII COUNCIL OF GOVERNMENTS
an approved public or private street or right-of-way as defined in this chapter and shall conform to
the following minimum lot area and spacing requirements:
a.) The lot area shall be a minimum of four thousand (4,000) square feet.
b.) The following requirements shall be observed on all lots:
FRONT TO FRONT
SIDE TO SIDE
REAR TO REAR
FRONT TO REAR
FRONT TO SIDE
42
CITY OF MANNING ZONING ORDINANCE
REAR TO SIDE
i. Mobile home minimum space dimensions (to include their appurtenances):
Front to Front
Side to Side
Rear to Rear
Front to Side
Front to Rear
Side to Rear
Parking Lot to Mobile Home
Corner to Corner
30 Feet
20 Feet
25 Feet
15 Feet
20 Feet
15 Feet
10 Feet
15 Feet
c. Setbacks.
i. Every lot shall have a front setback not less than twenty-five feet in depth
measured from the edge of the surfaced street.
ii. No mobile home shall be located closer than twenty feet to any banding within the
park.
2. Park Perimeter Requirements.
a. Each yard abutting on a perimeter public right-of -way shall be considered a perimeter yard
and shall be a minimum of 50 feet measured from the edge of the surfaced street.
b. All other perimeter yards shall have a minimum depth of 50 feet when adjacent to any
residential district and 35 feet when adjacent to any other district.
c. The yard requirement herein may be increased or decreased where the Planning and
Zoning Commission may recommend and the City Council deems necessary.
d. Where the boundary of a mobile home park directly abuts another use district, the
Planning and Zoning Commission may recommend and the City Council, may, where it is
deemed necessary, require an area, a minimum of ten feet in width, be reserved along the
perimeter on the mobile home park and within said area require the erection of a decorative
fence or wall six feet in height of a material which will provide a significant visual and sound
43
REGION XII COUNCIL OF GOVERNMENTS
barrier, and /or screen plantings to be provided and maintained with a minimum height of
eight feet at maturity; or as otherwise required by the City Council. This area may be
included as part of the perimeter yard depth.
3. Site Drainage Requirements.
Adequate provisions shall be made to handle all surface and storm drainage water as determined
by the City Engineer.
4. Lot Markers.
Location of lot limits on the ground shall be approximately the same as shown on the approved
plans. The degree of accuracy obtainable by working with a scale on the plan and then a tape on
the ground is acceptable. Precise engineering of lot limits is not required either on the plans or
on
the
ground.
This
is
in
no
way to be construed as permitting lots of a lesser size than the required minimum or in
permitting lesser yard or separation dimensions than set forth elsewhere in this ordinance.
5. Park Areas for Accessory Uses.
a. No part of any mobile home park shall be used for non-residential purposes, except such
uses that are required for the services and well being of park residents and for the
management and maintenance of the park.
b. Nothing contained in this section shall be deemed as prohibiting the sale by an owner of
a mobile home located on a mobile home stand and connected to the pertinent utilities.
Any sales of mobile homes in place on the mobile home stand shall not in any way relieve
any parties involved from complying with all the applicable regulations of this chapter.
6. Park Street Systems.
a. General Requirements. All mobile home parks shall be provided with safe and
convenient vehicular access from abutting public or private streets or roads to each mobile
home lot. Alignment and gradient shall be properly adapted to topography.
b. Access. Access to mobile home parks shall be designed to minimize congestion and
hazards at the entrance or exit and allow free movement of traffic on adjacent streets.
c. Interior Streets, surfaced roadways, shall be of adequate width to accommodate
anticipated traffic, and in any case shall meet the following minimum requirements:
i. All streets shall have a minimum road pavement width of twenty-four (24) feet.
44
CITY OF MANNING ZONING ORDINANCE
ii. Dead end streets shall be limited in length to six hundred feet and shall be provided
at the closed end with a turnaround having an outside roadway radius of at least sixty
feet.
iii. All streets of a mobile home park providing ingress and egress from an abutting
public street or road shall have the location and design of intersection with said public
street or road approved by the City Engineer and by any other governmental agency
exercising control over such streets or roads.
iv. No parking will be allowed on any interior streets.
v. All streets shall be paved with concrete or equivalent material.
7. Required illumination of mobile home park street systems.
a. All parks shall be furnished with lighting units so spaced and equipped with approved
fixtures placed at such mounting heights as will provide the following average maintained
levels of illumination for the safe movement of pedestrians and vehicles at night.
i. All parts of the park street system: 0.6 foot candle, with a minimum of 0.25 foot
candle.
ii.
Potentially hazardous locations, such as major street intersections and steps or
stepped ramps; individually illuminated with a minimum of 0.4 foot candle.
8. Street Construction and Design Standards.
a. Public Streets. All streets intended for general public use shall be dedicated as public
right-of-way and subject to such improvements as is dictated by the subdivision regulations
of the City of Manning, Iowa.
b. Private Streets. All streets intended primarily for use of park occupants, guests, and
services shall be owned and maintained by the mobile home park owner. Private streets shall
be constructed with either hot mix asphaltic concrete or Portland cement-concrete to
provide for drainage. Street surfaces shall be maintained free of cracks, holes, and other
hazards. All streets shall be constructed to specifications approved by the City Engineer.
c. Grades of all streets shall be sufficient to insure adequate surface drainage. All street
grades shall have prior approval of the City Engineer before commencing construction.
45
REGION XII COUNCIL OF GOVERNMENTS
d. Intersections. Within fifty feet on an intersection, streets shall be at approximately right
angles. A distance of at least one hundred feet shall be maintained between
center line of off-set intersecting streets unless specifically approved by the City Engineer.
Intersections of more than two streets at one point shall be avoided.
9. Required Parking Areas.
a. Parking areas shall be provided in all mobile home parks for the use of park occupants
and guests. Such areas shall be furnished at the rate of at least 2 off street car spaces for each
mobile home lot.
b. Required car parking spaces shall be so located as to provide convenient access to the
mobile home, but shall not exceed a distance of one hundred feet from the mobile home
that it is intended to serve. All parking areas shall be constructed with hard, smooth, dustfree surfacing.
10. Walks.
a. General Requirements. All parks shall be provided with safe, convenient, all season
pedestrian access of adequate width for intended use, durable and convenient to maintain,
between individual mobile homes, the park streets, and all community facilities that are
provided for park residents.
b. Common walk system. A common walk system shall be provided and maintained
between locations where pedestrian traffic is concentrated. Such common walks shall have
a minimum width of four feet.
c. Individual walks. All mobile home stands shall be connected to common walks, to
paved streets, or to paved driveways or parking spaces connected to a paved street. Such
individual walks shall have a minimum width of two feet.
11. Mobile Home Stand.
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, slicing, rotation, and over turning.
a. 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.
b. The mobile home stand shall be provided with anchors, arrowhead anchors, or other
devices insuring the stability of the mobile home.
46
CITY OF MANNING ZONING ORDINANCE
c. 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 2,800 pounds. If the mobile home is in excess of fifty (50) feet
in length, six tie-downs shall be required.
12. Skirting.
A permanent type material with a baked enamel finish and construction compatible with the
design and color of the mobile home, shall be installed to enclose the open space between the
bottom of a mobile home floor and the grade level of the mobile home stand and shall be so
constructed to provide substantial resistance to heavy winds, thereby alleviating to the maximum
extent possible, lifting action created on the underside of the mobile home by heavy winds.
a. Sufficient screened, ventilating area, shall be installed in the skirting to supply the
combustion requirements of heating units and other ventilating requirements of the mobile
home. Provision shall be made for easy removal of a section large enough to permit access
for inspection of the enclosed area under the mobile home and for repairs on sewer and water
riser connections.
b. 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.
13. Water Supply.
a. General Requirements. An accessible, adequate, safe, and potable supply of water shall be
provided in each mobile home park. Where a public supply of water is available, connection
shall be made thereto and its supply used exclusively. When a satisfactory public water supply
is not available, a private water supply system may be developed and used as approved by the
City of Manning, Iowa.
b. Source of Supply. The water supply shall be capable of supplying a minimum of one
hundred fifty gallons per day per mobile home.
c. Water Distribution System.
i. The water supply system of the mobile home park shall be connected by pipes to all
mobile homes, buildings, and other facilities requiring water.
ii. All water piping, fixtures, and other equipment shall be constructed and maintained in
accordance with state and local regulations and requirements and shall be of a type and in
locations approved by the health authority and the City of Manning, Iowa.
iii.
The water system shall be designed, constructed, and maintained according to
47
REGION XII COUNCIL OF GOVERNMENTS
specification of the City of Manning, Iowa.
d.) Individual Water Riser Pipes and Connections.
i. Individual water riser pipes shall be located within the confined area of the mobile
home stand at a point where the water connection will approximate a vertical position.
ii. Water riser pipes shall extend at least to ground level. The pipe shall be at least three
quarter inch. The water outlet shall be capped when a mobile home does not occupy the
lot.
iii. Adequate provisions shall be made to prevent freezing of service lines, valves, and
riser pipes and to protect risers from heaving and thawing actions of ground during
freezing weather. Surface drainage shall be diverted from the location of the riser pipe.
iv. A shut-off valve below the frost line shall be provided near the water riser pipe on
each home lot.
v.
Underground stop and water valves shall be installed as required by City
regulations.
14. Sewage Disposal - General Requirements.
An adequate and safe sewage system shall be provided in all mobile home parks for conveying
and disposing of all sewage. Such system shall be designed, constructed, and maintained in
accordance with state and local laws.
a. Sewer lines. All sewer mains and laterals shall be constructed according to specifications
of the City of Manning, Iowa, and connected to the City sewer system.
b. Individual sewer connections.
i. Each mobile home stand shall be provided with at least a four inch diameter sewer
riser pipe.
ii. The sewer connection shall have a minimum inside diameter of three inches and the
slope thereof shall be not less than one-fourth inch per foot. The sewer connection
shall consist of one pipe line only without any branch fittings. All joints shall be air and
water tight.
iii. All materials used for sewers and sewer connections shall be semi-rigid, corrosive
resistant, nonabsorbent and durable. The inner surface shall be smooth.
48
CITY OF MANNING ZONING ORDINANCE
iv. Provision shall be made for plugging the sewer riser pipe when a mobile home does
not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of
the riser pipe shall extend at least to ground level.
15. Electrical and Telephone Distribution System.
a. Every park shall contain an electrical wiring system consisting of necessary wiring,
fixtures, and equipment which shall be installed and maintained in accordance with
applicable codes and regulations governing such systems.
b. Main electrical power distribution lines shall be constructed underground according to
local electric utility specifications.
c. Each mobile home shall be electrically connected according to specifications set out in
the City Electrical Ordinance and the National Electric Code as recommended by the
National Fire Protection Association as approved by the United States of America
Standards Institute and the provisions of other safety codes approved by the United
Standards Institute.
16. Service Building and Other Community Service Facilities
The requirements of this section shall apply to service buildings, recreation buildings, and
other community, service faculties, such as management offices, repair shops, and storage
areas, sanitary facilities, laundry facilities, indoor recreation areas.
a. Structural requirements for building. All buildings other than mobile homes and their
appurtenances shall be constructed in compliance with applicable state and local codes and
regulations.
b. Cooking shelters, barbecue pits and fireplaces shall be so located, constructed,
maintained, and used as to minimize fire hazards and smoke nuisance both on the
property on which used and on neighboring property. No open fire shall be permitted
except in facilities provided. No open fire shall be left unattended. No fuel shall be used
and no material burned which emits dense smoke or objectionable odors.
G. Mobile Home Park Regulations, Variations, and Exceptions.
1. Whenever the property proposed to be developed is of such unusual size or shape or is
surrounded by such development or unusual conditions that the strict application of the
requirements contained in these regulations would result in substantial hardships or injustice,
the owner or his representative may appeal to the Board of Zoning Adjustment to vary or
49
REGION XII COUNCIL OF GOVERNMENTS
modify such requirements so that the developer is allowed to develop his property in a
reasonable manner, but so, at the same time, the public welfare and interests of the City and
surrounding area are protected and the general intent and spirit of these regulations are
preserved.
2. Occupancy. It shall be unlawful to use any mobile home, travel trailer, pick-up coach,
motorized home or vehicle for human occupancy within the corporate limits of the City of
Manning for more than 72 hours except when located in a Mobile Home Park regularly
approved according to the provisions of the ordinance, or in an area licensed by the State of
Iowa as a Mobile Home Park prior to the effective date of this ordinance and except such
mobile homes or vehicles may be used for human occupancy in an area authorized by the City
Council for recreational or other purposes.
3. This ordinance does not prohibit the storage of one mobile home, travel trailer, pick-up coach,
or motorized home for any one family providing that the stored location of said unit is in
compliance with the regulations of the Zoning Ordinance of the City of Manning. At no time
shall parked or stored mobile homes, travel trailers, pick-up coaches, or motorized homes be
occupied or used for living, sleeping, or housekeeping purposes except as provided for in this
ordinance.
50
CITY OF MANNING ZONING ORDINANCE
1.07.08 – C-1 COMMERCIAL DISTRICT
A. Intent. This District is intended to provide for certain areas of the city for the development of
service, retail, and other non-residential uses which because of certain locational requirements and
operational characteristics are appropriately located in close proximity to arterial and other main
thoroughfares. Residential type structures are also permitted. The District is further characterized by
a typical need for larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress and
egress, and access to other adjacent thoroughfares.
B. Permitted uses.
1. Single family dwellings.
2. Multiple family dwellings.
3. Sales and display rooms and lots, not including yards for the storage or display of new or used
building materials or for any scrap or salvage operation storage or sales.
4. Offices and clinics.
5. Churches and public owned and operated buildings and facilities.
6. Hotels and motels.
7. Any other retail or service sales business, including food preparation for sale off-premises.
C. Accessory uses. Uses of land or structures customarily incidental and subordinate to a
permitted use in the C-1 District:
1. Private Recreational Facilities.
2. Living quarters of persons employed on the premises and not rented or otherwise used as a
separate dwelling.
3. Private garages.
4. Parking Lots.
5. Temporary buildings for the use incidental to construction work which buildings shall be
removed upon the completion or abandonment of the construction work.
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REGION XII COUNCIL OF GOVERNMENTS
D. Special Exceptions. Certain uses may be permitted in the C-1 District subject to specific conditions
and requirements intended to make them compatible with and acceptable to adjacent uses
1. Public or private utility substations, relay stations, etc.
2. Publicly owned and operated buildings and facilities.
E. Bulk Regulations. The following requirements shall provide for light and air around permitted uses
and buildings in the C-1 District.
1. Minimum lot area: 6,000 square feet.
2. Minimum lot width: 60 feet.
3. Minimum front yard: 25 feet.
4. Minimum side yard: If adjacent to a residential district, the side yard shall be equal to the
minimum side yard required in the adjacent district; but in no instance less than 6 feet.
5. Minimum rear yard: If adjacent to a residential district, the rear yard shall be equal to the
minimum side yard required in the adjacent district; but in no instance less than 6 feet.
6. Maximum height: The lesser or 45 feet or 3 stories.
F. Off-street Parking. Off-street Parking. The following off-street parking requirements shall apply
in the C-1 District.
1. Sales and service building: one (1) parking space per 300 square feet of gross floor area.
2. Offices: one (1) parking space per 300 square feet of gross area.
3. Clinics: one (1) parking space per 300 square feet of gross floor area.
4. Churches: one (1) parking space on the lot for each 5 seats in the main auditorium.
5. Public buildings and facilities: one (1) parking space per 300 square feet of gross floor area.
6. Hotels and motels: one (1) parking space per room plus one (1) parking space for each
employee of maximum number employed at any one time.
G. Off-street Loading. The following off-street loading requirements shall apply in the C-1 District:
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CITY OF MANNING ZONING ORDINANCE
1. All activities or uses allowed in the C-1 District shall be provided with adequate receiving
facilities accessible by motor vehicle off any adjacent service drive or open space on the
same zoning lot.
2. Loading shall-not be permitted to block public right-of-way.
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REGION XII COUNCIL OF GOVERNMENTS
1.07.08 – C-2 CENTRAL BUSINESS COMMERCIAL DISTRICT
A. Intent. This District is intended to accommodate the major business and office
concentration in Manning. It is characterized further by a variety of stores and related
activities which occupy the central commercial area of Manning. This District is
intended to be the single central business District of Manning and no other use of this
District shall be utilized other than contiguously with the currently established C-2
District. Bulk regulations further reflect a more intense use and development pattern.
B. Permitted uses. The following uses are permitted in the C-2 District:
1. Business sales and services conducted entirely within the building including
those with incidental manufacturing or processing of goods or products.
Outdoor
kennels for animals, including but not limited to dogs, cats, rabbits and fowl are
prohibited.
(Amended
by
Ordinance
No.
271)
2. Offices and clinics.
3. Churches and public owned and operated buildings and facilities.
4. Hotels and motels.
5. Multi-family dwellings.
C. Accessory uses. Uses of land or structures customarily incidental and subordinate to a
permitted use in the C-2 District:
1. Outdoor sales and service.
2. Private garages.
3. Parking Lots.
4. Temporary buildings for the use incidental to construction work which buildings shall be
removed upon the completion or abandonment of the construction work.
5. Accessory uses customarily incidental to any permitted principal use.
D. Special Exceptions. Certain uses may be permitted in the C-2 District subject to specific conditions
and requirements intended to make them compatible with and acceptable to adjacent uses.
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CITY OF MANNING ZONING ORDINANCE
1. Service stations.
2. Manufacturing and warehousing if entirely enclosed within a building.
3. Parking ramps.
4. Warehousing.
5. Outdoor storage.
E. Bulk Regulations. The following requirements shall provide for light and air around permitted uses
and buildings in the C-2 District.
1. Maximum height: the lesser of 4 stories or 60 feet.
7. Minimum lot width: 20 feet.
8. Minimum front yard: none
9. Minimum side yard: None, except if a side yard is provided it shall be a minimum of 6 feet.
10. Minimum rear yard: None, except if a side yard is provided it shall be a minimum of 6 feet.
11. Minimum lot area: None, unless used for solely residential purposes, then 6,000 square feet.
F. Off-Street Parking.
None required.
G. Off-street Loading. In the C-2 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 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 in 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.
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REGION XII COUNCIL OF GOVERNMENTS
1.07.10 – M-1 LIGHT INDUSTRIAL DISTRICT
A. Intent. This district is intended to provide for areas of development by industrial firms that have
high standards of performance and that can locate in close proximity to residential and business uses.
The district regulations are designed to permit the development of any manufacturing or industrial
operations which on the basis of actual physical and operational characteristics, would not be
detrimental to the surrounding area or to the community as a whole by reasons of noise, dust,
smoke, order, traffic, physical appearance or other similar factors. Outdoor storage is allowed in this
district when the material is enclosed within a solid fence at least six feet high and said fence being
within required building lines. All industrial operations must be in an enclosed building.
B. Permitted Uses. The following uses are permitted in the M-1 District.
1. Any non-residential building or use which would not be hazardous, obnoxious, offensive or
unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid
or solid waste, smoke, or other air pollutants.
2. Storage, manufacture, compounding, processing, packing and/or treatment of products,
exclusive of the rendering or refining of fats and/or oils.
3. Manufacture, compounding, assembly and/or treatment of articles or merchandise derived
from previously prepared materials.
4. Assembly of appliances and equipment, including manufacture of small parts.
5. Wholesale distribution of all standard types of prepared or packaged merchandise.
6. Sale and storage of building materials. Outdoor or open storage shall be allowed only when
the material is enclosed within a solid fence at least six feet high and said fence being within
required building lines.
7. Contractor’s offices and storage of equipment.
8. Public or private utility substations, relay stations, etc.
9. Single and multiple family housing.
C. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted
use in the M-1 District.
1. Accessory buildings and uses customarily incidental to a permitted use.
2. Living quarters for watchmen or custodians of industrial properties.
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CITY OF MANNING ZONING ORDINANCE
D. Special Exceptions. Certain uses may be permitted in the M-1 District subject to specific
conditions and requirements intended to make them compatible with and acceptable to adjacent
uses.
E. Bulk Regulations. The following requirements shall provide for light and air around permitted
uses and buildings in the M-1 District.
1. Building Height: 3 stories or forty-five (45) feet.
2. Minimum Lot Area: None, except that if utilized for residential use, six thousand (6,000)
square feet.
3. Minimum Lot Width: None, except that if utilized for residential use, sixty (60) feet.
4. Minimum Front Yard: Thirty (30) feet.
5. Minimum Side Yard: None, except that if adjacent to an “R” District, then it shall be twentyfive (25) feet.
6. Minimum Rear Yard: Forty (40) feet, unless bordering a railroad right-of-way, in which case
none shall be required.
F. Off-street Parking. The following off-street parking requirements shall apply in the M-1 district:
1. All commercial uses shall provide one (1) parking space on the lot for each 300 square feet
of floor area.
2. All industrial uses shall provide one (1) parking space on the lot for each two (2) employees
of maximum number employed at any one time.
G. Off-street Loading. The following off-street loading requirements shall apply in the M-1
District:
1. All activities or uses allowed in the M-1 District shall be provided with adequate receiving
faculties accessible by motor vehicle off any adjacent service drive or open space on the same
zoning lot.
2. Loading shall not be permitted to block public right-of-way.
1.07.11 – M-2 HEAVY INDUSTRIAL DISTRICT
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REGION XII COUNCIL OF GOVERNMENTS
A. Intent. This district is intended to provide areas for activities and uses of a heavy industrial
character and is the least restrictive of any district. In the best interest of the City, certain uses in the
M-2 District shall be subject to final City Council approval, conditional approval or denial to insure
that proper safeguards are taken. The Planning and Zoning Commission will provide extensive prior
study review and recommendation to the City Council for consideration. No residential uses are
permitted.
B. Permitted Uses. There may be any use, excluding residential uses and mobile homes: the
following uses must be given separate Council approval before a building or occupancy permit is
issued.
1. Acid manufacture
2. Cement, lime, gypsum, or plaster of paris manufacture
3. Distillation of bones
4. Explosive manufacture or storage
5. Fat rendering
6. Fertilizer manufacture
7. Gas manufacture
8. Garbage, offal, or dead animals, reduction or dumping
9. Glue manufacture
10. Petroleum, or its products, refining of
11. Smelting of tin, copper, zinc, or iron ores
12. Stockyards or slaughter of animals
13. Junk yards. Must be surrounded by a solid fence at least six feet high located within building
lines and the junk piled not higher than the fence.
Before granting such separate approval, Council shall refer applications to the Planning and
Zoning Commission for study, investigation, and report. If no report is received in 30 days,
Council may assume approval of the application.
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CITY OF MANNING ZONING ORDINANCE
The Council shall then after holding a public hearing consider all of the following provisions in its
determination upon the particular use at the location requested:
1. That the proposed location design, construction, and operation of the particular use
adequately safeguards the health, safety and general welfare of persons residing or working in
adjoining or surrounding property;
2. That such use shall not impair an adequate supply of light and air to surrounding property;
3. That such use shall not unduly increase congestion in the streets, or public danger of fire and
safety;
4. That such use shall not diminish or impair established property values in adjoining or
surrounding property; and
5. That such use shall be in accord with the intent, purpose and spirit of this Ordinance and the
Comprehensive Plan of the City.
C. Required Conditions
1. 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.
2. All principal buildings and all accessory buildings or structures, including loading and unloading
facilities shall be located at least one hundred (100) feet from any “R” District boundary, except
where adjoining a railroad right-of-way.
D. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted
use in the M-2 District.
E. Bulk Regulations. The following requirements shall provide for light and air around permitted
uses and buildings in the M-2 District.
1. Maximum building height - Height restrictions shall be determined by the Zoning
Administrator on a case-by-case basis. Issues including, but not limited to, the type of
proposed structure, setbacks, lot size, and surrounding land uses will be considered when
determining height limitations to be established on any individual structure. Appeals of
decisions made by the Zoning Administrator shall be brought to the Board of Adjustment.
(Ord 287 - Jun. 98 Supp.)
2. Minimum lot area - none
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REGION XII COUNCIL OF GOVERNMENTS
3. Minimum lot width - none
4. Minimum front yard - Thirty (30) feet.
5. Minimum side yard - Fifteen (15) feet.
(Ord 287 - Jun. 98 Supp.)
6. Minimum rear yard - Forty (40) feet, unless abutting a railroad right-of-way in which
case none is required.
F. Off-street Parking. The following off-street parking requirements shall apply in the M-2
District.
1. All commercial uses shall provide one (1) parking space on the lot for each 300 square
feet of floor area.
2. All industrial uses shall provide one (1) parking space on the lot for each two (2)
employees of maximum number employed at any one time.
G. Off-street Loading. The following off-street loading requirements shall apply in the M-2
District.
1. All activities or uses allowed in the M-2 District shall be provided with adequate
receiving facilities accessible by motor vehicle off any adjacent service drive or open space
on the same zoning lot.
2. Loading shall not be permitted to block public right-of-way.
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CITY OF MANNING ZONING ORDINANCE
CHAPTER EIGHT
SUPPLEMENTARY DISTRICT REGULATIONS
1.08 SUPPLEMENTARY DISTRICT REGULATIONS
1.08.01 – SUPPLEMENTARY DISTRICT REGULATIONS
A. Community Unit Plan. The owner or owners of any tract of land comprising an area of not
less than ten (10) acres may submit to the City Council of the City of Manning, Iowa a plan for the
use and development of the entire tract of land. The development shall be referred to the
Planning and Zoning Commission for study and report and for public hearing. If the Commission
approves the development plan, the plan, together with the recommendation of the Commission,
shall then be submitted to the City Council for consideration and approval. If the City Council
approves the plan, building permits may be issued even though the use of land and the location of
the buildings to be erected in the area and the yards and open spaces contemplated by the plans do
not conform in all respects to the district regulations of the district in which it is located except as
follows:
1. Only uses permitted in the "R" Districts shall be permitted.
2. The average lot area per family contained in the proposed plan, exclusive of the area
occupied by streets, will not be less than the lot area per family required in the district in which
the development is located.
B. Accessory Buildings. No accessory building shall be erected in any required court, or in any
yard other than a rear yard, except as provided hereinafter. Accessory buildings shall be distant at
least two (2) feet from all lot lines, and any other separate building on the lot; and on a corner lot
they shall conform to the set-back regulations on the side street. An accessory building which is
not a part of the main building shall not occupy more than thirty (30) percent of the rear yard and
shall not exceed twelve (12) feet in height.
C. Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the
Planning and Zoning Commission and on record in the office of the County Recorder shows a
building line along any frontage for the purpose of creating a front yard or side street yard line,
the building line thus shown shall apply along such frontage in place of any other yard line
required in this Ordinance unless specific yard requirements in this Ordinance require a greater
set-back.
D. Erection of More Than One Principal Structure on a Lot. In any district more than one
structure housing a permitted or permissible principal use may be erected on a single lot, provided
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REGION XII COUNCIL OF GOVERNMENTS
that yard and other requirements of this Ordinance shall be met for each structure as though it were
on an individual lot.
E. Height Limits. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers,
monuments, stacks, stage towers or scenery lofts, tank, water towers, ornamental towers, spires,
wireless tower; grain elevators, or necessary mechanical appurtenances, are exempt from height
regulations.
F. Where, on the effective date of this Ordinance, 40 percent or more of a frontage was occupied
by two or more buildings, then the front yard is established in the following manner:
1. Where the building furthest from the street provides a front yard not more than ten feet
deeper than the building closest to the street, than the front yard for the frontage is and remains
an average of the then existing front yards.
2. Where this (1) is not the case and a lot is within 100 feet of a building on each side then the
front yard is a line drawn from the closest front corners of these two adjacent buildings.
3. Where neither (1) or (2) is the case and the lot is within 100 feet of an existing building on
one side only, then the front yard is the same as that of the existing adjacent building.
G. Walls, belt course, cornices, and ornamental features may project only two feet into a required yard.
H. Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the
ordinary projections of chimneys and flues into a rear yard for a distance of not more than 3 1/2 feet
when so placed as to not obstruct light and ventilation, may be permitted by the Zoning Administrator.
I. Open, unenclosed porches may extend 10 feet into a front yard.
J. Terraces/decks, which are structures built on rear or side yards that do not have roofs, and which do
not extend above the level of the ground (first) floor, may project into a required yard, provided these
projections be distant at least two feet from the adjacent side lot line. If a roof is added, it is considered
an addition and must follow setbacks. If a terrace is built off of the second floor (or any floor higher
than ground level), it must follow setbacks.
K. Nothing in this Ordinance shall have the effect of prohibiting utility service lines.
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CITY OF MANNING ZONING ORDINANCE
CHAPTER NINE
ADMINISTRATION
1.09 ADMINISTRATION
1.09.01 – DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTMENT, CITY
COMMISSION, AND COURTS ON MATTERS OF APPEAL.
All questions of interpretation and enforcement shall be first presented to the Administrative
Official, or his Assistant, and that such questions shall be presented to the Board of Adjustment
only on appeal from the decision of the Board of Adjustment shall be to the courts as provided by
law and particularly by Chapter 414, Code of Iowa.
1.09.02 – AMENDMENTS.
The regulations, restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed, provided that at least seven days’ notice of the time
and place of such hearing shall be published in a paper of general circulation in the City. In no case
shall the notice be published more than 20 days prior to the hearing.
The regulations, restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed. Notwithstanding section 414.2, as a part of an
ordinance changing land from one zoning district to another zoning district or an ordinance
approving a site development plan, a council may impose conditions on a property owner which are
in addition to existing regulations if the additional conditions have been agreed to in writing by the
property owner before the public hearing required under this section or any adjournment of the
hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly
caused by the requested change. In case, however, of a written protest against a change or repeal
which is filed with the City Clerk and signed by the owners of twenty percent or more of the area of
the lots included in the proposed change or repeal, or by the owners of twenty percent or more of
the property which is located within two hundred feet of the exterior boundaries of the property for
which the change or repeal is proposed, the change or repeal shall not become effective except by
the favorable vote of at least three-fourths of all the members of the council. The protest, if filed,
must be filed before or at the public hearing.
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REGION XII COUNCIL OF GOVERNMENTS
1.09.03 – PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance3 with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances or special
exceptions) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to
comply with any of its requirements shall upon conviction thereof be fined not more than $100 or
imprisoned for more than 30 days. Each day such violation continues shall be considered a separate
offense.
Nothing herein contained shall prevent the City from taking such other legal action as is
necessary to prevent any violation.
1.09.04 – SCHEDULE OF FEES, CHARGES, AND EXPENSES
The City Council shall establish a schedule of fees, charges, and expenses and a collection
procedure for zoning district changes, zoning permits, appeals, and other matters pertaining to this
Ordinance. The schedule of fees shall be posted in the office of the Administrative Official, city
Clerk and may be altered or amended only by the City Council, as recommended by the
Commission.
Until all applicable fees, charges, and expenses have been paid in full, no action shall be
taken on any application or appeal.
1.09.05 – COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of the Ordinance occurs, or is alleged to have occurred any person
may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed
with the Administrative Official. He shall record properly such complaint, immediately investigate,
and take action thereon as provided by this Ordinance.
1.09.06 – REPEAL OF CONFLICTING ORDINANCES: EFFECTIVE DATE
All Ordinances or parts of Ordinances in conflict with this Zoning Ordinance, are hereby
repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance shall
become effective upon publication.
1.09.07 – SEVERABILITY CLAUSE.
If any section, clause, provision, or portion of this portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby.
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CITY OF MANNING ZONING ORDINANCE
ADDENDUM
ENACTING ORDINANCE DOCUMENTATION
A-1