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Community Development

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1. How can I find out how my property is zoned?

Zoning information is available online through the Pottawattamie County Geographic Information Systems (GIS) Department website listed below. Zoning information can be obtained by searching for a property by owner name, address and/or legal description and then selecting the "City Zoning Layer' from the list of available map layers. Additionally, you can contact the Community Development Department and provide the legal description and/or the common property address. Please note that the tax assessment classification information available online is not the same as a City zoning classification. Pottawattamie County GIS

2. How can I determine the setback requirements for my property?

The required setbacks for a specific piece of property is determined by the zoning classification of the property. Each zoning designation has a set of minimum setbacks requirements. Once you have determined your zoning classification (see FAQ Question #1) you may find the zoning regulations, including setback information, online through the Council Bluffs Municipal Code (see link below). Additionally, you can also verify if a variance for the minimum setback has been granted by viewing the 'Variance Layer' on the Pottawattamie County GIS. Please note that setbacks are measured from property lines, which are often not the street curb, sidewalk or edge of pavement. Council Bluffs Municipal Code

3. How do I find my property lines?

The only definitive way to determine where your property lines are located is to have your property surveyed. The City does not have a surveying department so you will need to contact a licensed surveyor.

4. Can I operate a business out of my home?

Home occupations are allowed in all residential districts of the City, subject to certain conditions. Among other restrictions, no retail sales are allowed and the address of the home occupation cannot be advertised. The home occupation must be secondary to the primary residential use of the property and only the persons living in the home can work at the home occupation. Day care operations are not considered a home occupation. An accessory structure may not be used in conjunction with a home occupation. For a complete listing of home occupation conditions, refer to Chapter 15.24.30 of the Council Bluffs Municipal Code. Council Bluffs Municipal Code

5. Where can I locate an accessory structure (e.g. detached garage, storage shed or pool) on my residential property?

Accessory structures must meet the minimum setback requirements for accessory structures according the zoning classification of the property (refer to FAQ Question #1 to determine a property zoning designation) In general, accessory structures cannot be located within the front yard setback of a property or between the principle structure and the front property line. In most instances, accessory structures can be placed as close as three feet to an interior side property line and rear property line. In cases of a corner lot, structures must be placed a minimum of 15 feet from the street side yard property line. Accessory structures cannot exceed 18 feet in height and must remain subordinate in overall size to a principle structure (e.g., residential dwelling).

6. What are the location and maximum height requirements for residential fences and do I need a permit?

Permits for fences are required as of 2022. Fence regulations including placement, location, materials, etc., for all zoning districts may be viewed at the following link: 

• 15.24.040 Fence Regulations

Contact the Community Development Department at (712) 890-5350 if you have additional questions. Last, always remember "Call Before You Dig" at 1-800-292-8989 or 811.

7. How do I report a possible zoning violation?

All suspected zoning violations can be reported to the Council Bluffs Community Development Department via phone (712) 890-5350 or in person at 209 Pearl St (lower level of City Hall.)

8. How is zoning enforced?

Zoning enforcement is handled through the Planning Division of the Community Development Department. Each zoning violation is reviewed on a case-by-case with enforcement action being determined by the severity of the violation. If you suspect a zoning violation has occurred, please contact the Community Development Department at (712) 890-5350.

9. Who enforces my restrictive covenants and/or private deed restrictions?

In most cases, restrictive covenants and/or private deed restrictions are enforced by a homeowners association, a property management company or by individual homeowners. The City of Council Bluffs does not enforce nor regulate such restrictions and/or agreements.

10. Can the zoning designation of a parcel of land be changed?

All rezoning requests are decided upon by the City Council after review and recommendation by the City Planning Commission. As part of the rezoning process, the City Council must consider several important factors when making their decision including, but not limited to, minimum lot size, surrounding land uses, consistency with the Council Bluffs Comprehensive Plan and the availability of utilities to service the subject property. For more information on rezoning a parcel of land, please contact the Council Bluffs Community Development Department at (712) 890-5350.

11. I want to care for children in my home. How many can I care for and do I need a permit?

A daycare service is considered any facility which receives for temporary care, six or more individuals during any part of a 24 hour day. Such facilities require a conditional use permit from the Zoning Board of Adjustment (ZBA) prior to operation. Daycare services which care for five or less individuals in a 24 hour day are not required to obtain a conditional use permit from the Council Bluffs ZBA. Individuals interested in operating a daycare should also check with the Iowa Department of Human Services to determine if any special license(s) are required. For more information on requesting a conditional use permit from the Council Bluffs ZBA and/or operating a day care service from your home, please contact the Community Development Department at (712) 890-5350 for more information.

Iowa Department of Human Services

12. I want to sell some of my property to my neighbor. What do I need to do?

If it is determined that the portion of your property you want to sell to your neighbor is not considered to be of a buildable size and does not create any nonconforming building setbacks, it might be possible to do a Property Line Adjustment. A form would be required to be filled out and signed by both you and your neighbor and a filing fee is required. If the Community Development Director determines it necessary, a property survey would also be required. The Property Line Adjustment is reviewed and approved/denied by the Director and does not go before the Planning Commission or City Council. Contact the Community Development Department at (712) 890-5350 for more information.

Property Line Adjustment Application

13. Is a permit required to place and/or resurface a sign?

Yes. A permit is required to place a new sign or to modify or ‘re-face’ an existing sign. A sign permit application is available from the Building Division. Please note that a complete application must include all existing signage on a property and other items as required by Chapter 15.33 Signs of the Council Bluffs Municipal Code. The maximum amount and type of signage permitted on a property is determined by the zoning classification.
Council Bluffs Municipal Code

14. My property is located in a historical district, or is a local historic landmark; do I need approval for exterior modifications (e.g., window, doors, paint, etc.) to the structure?

Yes. If your property is a locally designed historic landmark or located within a locally designated historic district all exterior modifications including signage requires the review of the City Historic Preservation Commission. If your property is entered in the National Register of Historic Places (as a landmark or as part of a district), but is not locally designated review of the City Historic Preservation Commission is not required. If you are unsure about the designation of a property you may view the historic preservation layer on the website referred to FAQ Question #1, or contact the Community Development Department at (712) 890-5350 for more information. Please note that in addition to Commission review all other permitting requirements are in effect.

Historic Preservation Ordinance

15. The alley behind my house is unused. Can I buy it?

Property owners located adjacent to an unimproved alley right-of-way can request that it be vacated and conveyed to the adjoining property owner(s). In most situations, vacated property is divided evenly between property owners, (i.e. a 12-foot wide alley located between two lots would be divided 6 feet to each of the property owners). Once a request and filing fee are received it is sent to all City departments and public utilities to determine the existence of any utilities within the alley. Notices are also sent to all property owners adjoining the alley in order to determine if anyone objects to vacating the alley and to make sure all owners are willing to accept their portion of alley. If, after public hearing by the City Planning Commission and the City Council, it is determined that the alley can be vacated, it may be conveyed to the abutting owners at no additional cost. Contact the Community Development Department at (712) 890-5350 for more information.

Alley/Street/Right-of-Way Vacation Application

16. Where can I park my recreational vehicle on my residential property?

Parking of one recreational vehicle (e.g., camper or boat) may be allowed outside within the required front yard setback (which in most cases is 25 feet from the front property line) on a hard surface driveway or on a hard surface pad contiguous with the driveway, provided: 1. Space is not available in the side yard, behind the required front yard or there is no reasonable access to either the side yard or rear yard; 2. Parking in an enclosed structure is not possible; 3. The vehicle is parked perpendicular to the curb; and 4. The vehicle may not extend over the public sidewalk or public right-of-way. For more information, please contact the Council Bluffs Community Development Department at (712) 890-5350 or reference Chapter 15.23.030(04) Recreational Vehicle Parking of the Council Bluffs Municipal Code.

Council Bluffs Municipal Code

17. Is the Community Development Department the Section 8 Office?

No. The Section 8 office is part of the Municipal Housing Agency and their phone number is (712) 322-6931. Municipal Housing Agency of Council Bluffs

18. How can I purchase a piece of property owned by the City of Council Bluffs?

In order to purchase a piece of City owned property, you need to complete a “Purchase Surplus City Property Application” and return it to the Community Development Department. This application can obtained by clicking on the following link: Purchase Surplus City Property

19. Can I get Tax Increment Financing (TIF) assistance for a project I am considering?

The primary incentive of the urban renewal law is the use of tax increment financing (TIF). TIF is a method by which the amount of increase in property tax revenues generated by a project can be used by the municipality to assist in the development of the project. TIF allows the city to acquire, prepare and assist in the development of project and/or sites that would not have been otherwise developed by the private sector. Using TIF districts “freezes” the base valuation of the designated area and captures the increment gained from the new development. This new increment is what is used to help finance the project. Each individual project is examined by staff in order to determine whether or not a project will be eligible for TIF assistance. Please contact the Community Development Department at (712) 890-5350 to initiate this process.

20. I would like to rehab a historic home. Is there any assistance available to help me?

Currently, no assistance is available to help with rehab of historic homes at this time.

21. I need some financial assistance to rehabilitate my house. Are there any programs to help me?

The City has an Emergency Repair Program intended to provide immediate repair and correction of hazardous housing conditions, which represent a threat to the health, safety, and well being of the occupant or occupants. An emergency shall mean a sudden occurrence of plumbing problems, electrical problems, furnace/heating systems, utility services, severe structural damage that is a sudden occurrence, or sudden roof failure and is a critical danger to the life or safety of the occupant, which requires immediate action to protect the health, safety, and welfare of said occupant or occupants. Repairs to homes using emergency repair funds will be limited to major code violations. Funding will be limited to 90% of the cost of correcting the emergency repair and shall not exceed $2,500. Please contact the Community Development Department to determine eligibility. Emergency Repair Program Information

22. I would like to purchase a home. Is there any downpayment assistance available to help me?

The City of Council Bluffs offers down payment assistance through the NeighborWorks Home Solutions. NeighborWorks Home Solutions administers the Infill Program which provides down payment assistance to low to moderate income homebuyers. For additional information please contact NeighborWorks Home Solutions at (402) 451.2939 or visit their website at http://www.neighborworkshomesolutions.org

23. What kind of projects does the City fund with their Community Development Block Grant (CDBG) and HOME funds?

The primary objective of the City’s Community Development Program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Typical CDBG & HOME funded projects include the following types of activities:

• Housing Development – The conservation and redevelopment of established neighborhoods and the preservation and expansion of their housing stock.
• Economic Development – The revitalization of commercial properties and job creating projects that benefit low and moderate income people.
• Public Services and Facilities – The development of physical and human service projects that benefit low and moderate income people by non-profit organizations.

24. I am having problems with my landlord. Where can I turn to for advice?

Contact Iowa Legal Aid of Council Bluffs and Southwest Iowa at (712) 328-3982 for assistance. If you feel that you have been discriminated against in the sale or rental of property please contact the Fair Housing Center of Nebraska and Western Iowa at (402) 934-6675 or toll-free at (800) 639-5853 (800-NOW-FAIR). Nebraska Relay, contact (800) 833-0920 (voice) or (800) 833-7352 (TTY).

25. I need help making my house handicap accessible. Is there any assistance to help me?

The League of Human Dignity offers a Barrier Removal Program. This program provides grants to low income persons with disabilities to assist them in modifying their residential units for accessibility. The program encourages persons to remain in their existing living environment and creates additional accessible housing in the community. The program is available for rental units and owner-occupied housing. For more information, call the League to Human Dignity at (712) 323-6863 or visit the following website.

League of Human Dignity