Iowa Admin. Code r. 193B-5.3

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 193B-5.3 - Building use

The following criteria are used when applying the exceptions outlined in Iowa Code section 544A.18 and rule 193B-5.2 (544A):

(1)Building use takes priority over size. In all cases, the use of the building takes priority over the size. For example, a place of assembly is nota commercial use, and would not constitute an exception even if the building is not more than one story in height and does not exceed more than 10,000 square feet in gross floor area.

(2)Mixed building use. In the case that a building contains more than one use, the most stringent use is applied to the entire building when applying the exceptions. For example, a two-story building containing a 6,000 square foot commercial space as well as 6,000 square feet of residential space on the second floor would be considered a 12,000 square foot, two-story commercial building for the purposes of the exception matrix.

(3)Agricultural buildings. Activities inherent to housing farm implements, farm inputs, farm products, and livestock or other agricultural products, such as recordkeeping, sanitation, storage of farm inputs, or equipment preparation, repair, or modifications, are not to be construed as a use in and of itself for the purposes of applying the exceptions. For example, welding operations to repair an implement or grain-handling equipment would not trigger the consideration of an agricultural building or a portion of the building as an industrial use.

(4)Churches and accessory buildings. When under the height and gross floor area noted in the exception and encompassing uses inherent to a church or an accessory building as defined, these buildings are exempted, even if the use within the building would normally not be exempted. For example, a church used as a place of assembly with occupancy of more than 50 people but still under the height and gross floor area noted would still be exempted even though the occupancy would place the building in the nonexempted category.

Iowa Admin. Code r. 193B-5.3

Amended by IAB June 20, 2018/Volume XL, Number 26, effective 7/25/2018

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024