20 - DISTRICT REGULATIONS
Districts Designated. In order to classify and regulate the location and use of all buildings; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards and other open spaces surrounding such buildings, the City is divided into ten classes of districts. Located throughout the City of Burlington are pockets of development that contain unique characteristics, therefore they must meet added requirements known as overlay districts. The use and area regulations are uniform in each district, and the districts shall be known as:
Base Zones
R-1 Single-family Residential District
R-2 Single-family Residential (Transitional) District
R-3 Two-family Residential District
R-4 Multi-family Residential District
C-1 Limited Commercial District
C-2 General Commercial District
C-3 Central Business District
M-1 Light Industrial District
M-2 Heavy Industrial District
A-1 Airport Zone
Overlay Zones
H-1 Historical Preservation Zone
P-1 Planned Unit Development (P.U.D)
T-1 Mobile Home Planned Development (M.P.D)
Table 170.20.02 is broken down into various use categories and lists the permitted and special uses for the City of Burlington. When a situation arises that a particular use is not listed under one of the categories in table 170.20.02, the Department of Development has the following three options available in the commercial and industrial districts:
1.
The Department of Development may determine that the proposed use be allowed in the same category as a similar use listed. The proposed use then becomes subject to the same criteria as the listed use.
2.
If the Department of Development determines that the proposed use is not similar to a use listed in table 170.20.02, then the applicant can request that the proposed use be submitted to the City of Burlington Zoning Board of Adjustment as a special use permit application. The proposed use will then be subject, upon approval, to all requirements set forth in the Section 170.30.30 and 170.50 of these regulations along with all other pertinent regulations.
3.
Any industrial use considered to have high health and/or environmental risks as determined by the City of Burlington Development Department, shall be considered a special use and will follow all applicable requirements of the City of Burlington, State of Iowa, and agencies of the U.S. Government.
All uses listed must comply with all applicable zoning regulations, building codes, and licensing requirements of the City of Burlington, State of Iowa, and agencies of the U.S. Government.
(Ord. No. 3389, § 3, 10-5-15; Ord. No. 3489, § 1, 8-2-21)
170.20.031 Purpose:
This district is intended to provide for a variety of single-family residential areas where public utilities and services are available and may further provide a transition area between residential growth and agriculture.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-1 single-family residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special, and accessory uses of the R-1 District shall meet all of the requirements of this Title, including the following supplementary requirements, before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.041 Purpose:
This district is intended to allow for development of single-family detached dwelling areas with larger and/or irregular shaped lots where construction may be limited to homes of larger dimensions. Certain adaptations may be allowed to accommodate alternative designs for streets and lot layouts.
170.20.042 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-2 single-family residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the R-2 District shall meet all of the requirements of this Title, including the following supplementary requirements, before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.051 Purpose:
This district is intended to allow for low and medium density neighborhoods by providing varying area requirements.
170.20.052 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-3 two-family residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the R-3 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.061 Purpose:
This district is intended to allow for medium and high-density neighborhoods by providing varying area requirements.
170.20.062 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-4 apartment residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the R-4 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.071 Purpose:
The intent of this district is to allow a transition area between limited commercial growth and residential neighborhoods.
170.20.072 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-1 limited commercial district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
Y *1 = Permitted as upper-story and/or in rear of building. Shall maintain commercial
storefront along public streets and meet requirements of both commercial and residential
uses.
New residential uses shall meet lot size and parking requirements based on the number
of residential units. Lot coverage shall meet commercial requirements.
Y *2 = Permitted by Special Use Permit, see Chapter 170.30.30.
The above listed permitted, special and accessory uses of the C-1 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.081 Purpose:
The intent of this District is to provide for commercial business activities of a more general retail and wholesale nature, where no manufacturing, assembling, or fabrication is involved without the intrusion of residential dwellings and heavy industry.
170.20.082 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-2 general commercial district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
N *1 = Warehousing of non-hazardous industrial products is permitted.
The above listed permitted, special and accessory uses of the C-2 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.091 Purpose:
The Central Business District, Downtown Mixed Use, is intended to provide appropriate development regulations for Downtown Burlington. The grouping of uses is designed to strengthen the downtown's role as a center for trade, service, housing, entertainment, and civic life. Mixed uses are allowed and encouraged within the CBD District.
170.20.092 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-3 central business district.
Y = Yes: permitted by required approval: subject to supplementary regulations
Y*1 = Permitted only as upperstory and/or in the rear of the ground floor for properties
that are within the area bounded by Washington Street, 8
th
Street, railroad tracks and Front Street; excluding properties located adjacent to
Washington Street from the alley between N. 6
th
St. and N. 7
th
St. to N. 8
th
St. Properties in the described area shall maintain a commercial storefront along
public streets on the first floor of the building consisting of at least 50% of the
depth of the building and entire width.
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the C-3 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
(Ord. No. 3517, § 1(Exh. A), 4-17-23)
170.20.101 Purpose:
The intent of this district is to allow development of industrial uses that are compatible with a close proximity to residential areas and an intermingling with commercial uses. These district regulations are designed to permit industrial uses that would not be hazardous, obnoxious, offensive, or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, air pollutants, and/or any other characteristics that would be detrimental to the surrounding area.
170.20.102 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the M-1 light industrial district. Light Industrial operations shall: 1) be conducted entirely within an enclosed building; 2) not be associated with nuisances such as odor, noise, heat, vibration, or radiation which are detectable at the property line; and 3) not pose a significant safety hazard (such as danger of explosion).
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special, and accessory uses of the M-1 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
(Ord. No. 3391, § 3, 11-2-15; Ord. No. 3517, § 1(Exh. A), 4-17-23)
170.20.201 Purpose:
The intent of this district is to allow development of large-scale industrial uses. These district regulations are designed to permit industrial uses that are essential to the City, but may be known as having a nuisance potential.
170.20.202 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the M-2 heavy industrial district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted uses of the M-2 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
Current Business Parks
1. Flint Ridge Business Park
(Ord. No. 3391, § 3, 11-2-15)
170.20.301 Purpose:
The intent of this District is facilitating the safe and structured expansion of the Burlington Municipal Airport. In order to protect specified encroachment areas within the operational area of the Burlington Municipal Airport, the following regulations have been set forth to restrict height, location, and general use of structures.
170.20.302 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the A-1 airport district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted uses of the A-1 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa. These permits are also subject to all State and Federal regulations governing areas within the airport designation.
170.20.401 Purpose:
The planned unit development (PUD) is designed to allow comprehensively planned projects which would provide for innovative and imaginative approaches to urban design and land development.
170.20.402 Planned Unit Development (PUD):
The PUD is a negotiated private/public contract for land development rather than development following a set of minimum requirements. It permits a flexibility of established land regulations as contained in the subdivision regulations and zoning districts.
When an area is developed under this article (PUD), parts of the plat and subdivision requirements may be waived; zoning districts requirements pertaining to area, height, and setbacks may be modified; and various land use mixtures may be permitted with appropriate screening, landscape buffers, and setback restrictions. However, in no case shall the purpose or intent of zoning and platting ordinances be violated.
A PUD is an overlay zone working in conjunction with the established zoning district (base zone) and platting regulations. Such overlay zone places additional regulations and/or requirements on the PUD zoned area.
1.
PUD approval shall be received for all large-scale projects generating traffic over two thousand vehicles per day.
2.
PUD approval may be given for small scale projects over two acres in size.
3.
PUD approval may be given for redevelopment projects of historically significant sites or buildings.
4.
PUD approval may be given for infill, affordable housing projects over one acre in size.
(Ord. No. 3391, § 3, 11-2-15)
Planned unit developments (PUDs) shall be planned as integral units and may be residential, commercial, industrial, or a combination of land uses. When land uses are mixed, the PUD shall be designed to be compatible with adjacent areas and shall meet all zoning district requirements unless addressed in the approving ordinance.
In no case shall a PUD violate density of the zoning district in which it is located.
1.
Density: Maximum density requirements shall comply with zoning regulations as designated by the PUD Agreement.
2.
Environmental Design: Excessive site clearing of topsoil, trees and natural features will be discouraged. A site plan shall be required for all PUDs in order to preserve green space, historical buildings and other natural assets and scenic points.
3.
Open Space:
a.
Open space is an important factor in the development of planned unit developments. No PUD shall be approved unless such development provides for permanent landscaped or natural opens space.
b.
Common open space shall comprise at least twenty percent (20%) of the gross area of the PUD, and is to be used for recreational, park, or environmental amenities, but shall not include public or private streets, driveways, buildings, parking lots, or loading areas.
c.
Open space requirements may be reduced to fifteen percent of the gross area of the PUD when open spaces are fully developed. Developed pedestrian malls, landscape buffer screens, and preserved historic sites and buildings may be included as open space.
4.
Building Spacing. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise. High-rise buildings shall be located within a PUD in such a way as to dissipate any adverse impact on adjoining low-rise buildings.
a.
Zero Lot Line development may be considered in R-1, Single-family Residential Zoning Districts, provided such proposed lots are located adjacent to a separate zoning district (other than R-1) and/or a landscape buffer is platted as part of the development.
5.
Traffic Circulation:
a.
Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic.
b.
Minor streets within PUDs shall not be connected to local streets to encourage their use by through traffic.
c.
The pedestrian circulation system and its related walkways shall be separated from the vehicular street system unless specifically stated elsewhere in the approved development.
d.
All nonresidential land uses within a PUD should have direct access to a major street or frontage road.
e.
Standards of design and construction for roadways, within residential PUDs, may be modified as is deemed appropriate by City staff.
6.
Community Services: PUD approvals shall not be granted unless such facilities as water lines, sanitary sewer lines, and major streets exist in sufficient quantity to serve the PUD.
(Ord. No. 3416, § 1, 12-5-16)
A PUD involves the negotiating of a development contract representing private and public interests. PUDs should satisfy platting and zoning requirements of the City or address those conditions that are to modify adopted requirements.
The landowner or representative that is authorized to negotiate the terms of development on a specific parcel of land.
After a developer has properly filed a complete PUD with the Development Department, the staff has ninety days to review the PUD in detail, analyze its impact, negotiate standards needed to maintain quality development in an urban environment, and convey their findings and recommendations in writing to the Commission, and start the public hearing process.
The Commission shall take the following action:
1.
Determine if the proposed PUD is in conformance with adopted City plans and the intent of platting and zoning regulations;
2.
Conduct a public hearing to receive citizen input and concerns;
3.
Review staff recommendations and consider any differing viewpoints between developer, staff or citizens on the proposed PUD;
4.
Make recommendation to Council based upon findings. Within thirty days after public hearing, Commission shall recommend either: approval as filed, approval subject to specific conditions as listed, or denial based upon findings.
The Burlington City Council has the authority for waiving Code requirements and adopting land development conditions to facilitate desirable PUDs. Approval of a PUD shall be by ordinance and shall include the plans, maps, reports and conditions that comprise the PUD.
If a developer fails to begin construction within two years of approval, the PUD approval shall be considered null and void.
PUDs may be designed to be developed as a single project or in phases.
If a developer does not complete the PUD within its scheduled time period, City Council shall review progress and may extend time schedules, amend the PUD, or revoke elements of the PUD that are not completed.
Project construction plans shall be reviewed by Staff to determine if they meet requirements and do not vary significantly from the approved PUD. The Development Director may authorize minor detail changes and interpretations. Significant changes must be approved as amendments to the PUD by City Council.
Building permits may be issued and construction may begin following Council acceptance of the necessary streets, easements, and public areas. A performance bond may be required by the Council for construction of all public improvements including streets, utilities, sidewalks, and public areas.
The developer shall initiate formal action on a PUD by filing with the Commission the following:
1.
Major Site Plan and Supporting Drawings
2.
Written Documents.
a.
A legal description of the development site, including a statement of ownership and proposed zoning;
b.
A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed;
c.
When commercial uses are proposed, a market analysis may be required to be submitted justifying the type and size of the project which can be realistically supported in the community;
3.
Filing Fee.
170.20.501 Purpose:
The intent of this District is to provide the City of Burlington the opportunity to preserve the historical nature of targeted areas within the City limits. These regulations are intended to allow for a mixture of commercial, industrial, and residential significant buildings, use, and properties; allowing such to exist without interfering or significantly affecting their historical significance.
170.20.502 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations of the H-1 Historical Preservation District.
A Historic Preservation District is an overlay zone working in conjunction with the established zoning district (base zone) and platting requirements. All historic preservation districts officially designated and adopted are subject to all uses and regulations set out in Chapter 25 Historic Preservation Commission, of the Code of Ordinances of the City of Burlington, Iowa.
170.20.601 Purpose:
The Mobile Home Planned Development (MPD) is designed to promote planned trailer court and mobile home projects that maintain a harmonious nature with the surrounding districts. These approaches allow for imaginative and innovative design characteristics.
170.20.602 Mobile Home Planned Development:
The mobile home planned development (MPD) allows for flexibility of established land regulations as contained in the subdivision regulations and zoning districts.
When an area is developed under this article as a mobile home park or an area has been developed as a mobile home park prior to the adoption of this regulation, zoning district requirements pertaining to 170.20.603 Application and 170.20.604 Design Standards may be modified, provided that the purpose and intent of the zoning and platting requirements are not violated.
The MPD is an overlay zone working in conjunction with the established zoning district (base zone) and platting requirements.
1.
All major MPD developments shall require a minimum of five (5) acres for consideration.
2.
All minor MPD developments containing less than five (5) acres shall meet the requirements of this section, provided the Development Department may waive or reduce these requirements based on the size of the development.
3.
All MPD developments require a major site plan and a pre-submission meeting with the Development Department.
4.
All MPD developments shall be limited to single-family dwellings, accessory uses, permitted and special home occupations, recreational parks and or any other use allowed during the application process.
Mobile Home Planned Developments (MPD) shall be planned as integral units and shall meet all of the minimum requirements set forth in this Section.
1.
Density: Maximum density is limited to eight (8) homes per acre.
2.
Environmental Design: Excessive site clearing of topsoil, trees and natural features will be discouraged.
3.
Open Space:
a.
In all MPD areas, there shall be one (1) or more recreation areas accessible to all park residents.
b.
The size of recreation areas shall be based on a minimum of two hundred fifty (250) square feet for every lot.
c.
No such outdoor recreation area shall contain less than five thousand (5000) square feet, and shall not include public or private streets, driveways, buildings, parking lots or loading areas.
4.
Building Spacing: Each development shall provide reasonable visual and acoustical privacy for dwelling units, including fences, insulation, walks, barriers and landscaping used for the protection and aesthetic enhancement of property and the privacy of its occupants.
5.
Building Requirements: Minimum standards
a.
No home shall be located closer than twenty-five (25) feet to the front yard property line when located on a public right-of-way.
b.
No home shall be closer than fifteen (15) feet to the front yard property line when located on a private drive.
c.
Rear yards shall be maintained at fifteen (15) feet.
d.
Side yards shall be maintained at five (5) feet.
6.
Traffic Circulation:
a.
Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic.
b.
The pedestrian circulation system and its related walkways shall be separated from the vehicular street system unless specifically stated elsewhere in the approved development.
c.
Standards of design and construction for roadways, within residential MPDs, may be modified as is deemed appropriate by City staff, provided the following minimum requirements are maintained:
7.
Community Services: MPD approvals shall not be granted unless such facilities as water lines, sanitary sewer lines, and major streets exist in sufficient quantity to serve the MPD.
8.
Storm Shelters: MPD developments shall provide adequate storm shelter facilities for occupants.
MPDs should satisfy platting and zoning requirements of the City or address those conditions that are to modify adopted requirements.
The landowner or representative that is authorized to negotiate the terms of development on a specific parcel of land.
A professional committee composed of City personnel and support persons as necessary to review proposed MPDs, analyze their impact, and negotiate standards needed to maintain quality development in an urban environment.
After a developer has properly filed a complete MPD with the Development Department, the staff has ninety days to review the MPD in detail, convey their findings and recommendations in writing to the Commission, and start the public hearing process.
The Commission shall take the following action:
1.
Determine if proposed MPD is in conformance with adopted City plans and the intent of platting and zoning regulations;
2.
Conduct a public hearing to receive citizen input and concerns;
3.
Review staff recommendations and consider any differing viewpoints between developer, staff or citizens on the proposed MPD;
4.
Make recommendation to Council based upon findings. Within thirty days after the public hearing, the Commission shall recommend either: approval as filed, approval subject to specific conditions as listed, or denial based upon findings.
The Burlington City Council is the authority for adopting land development conditions to facilitate desirable MPDs. Approval of a MPD shall be by ordinance and shall include the plans, maps, reports and conditions that comprise the MPD.
If a developer fails to begin construction within two years of approval, the MPD approval shall be considered null and void.
Project construction plans shall be reviewed by Public Staff to determine if they meet requirements and do not vary significantly from the approved MPD. The Development Director may authorize minor detail changes and interpretations. Significant changes must be approved as amendments to the MPD by City Council.
Building permits may be issued and construction begins following Council acceptance as necessary of streets, easements, and public areas. A performance bond may be required to insure proper installment of infrastructure.
The developer shall initiate formal action on a MPD by filing with the Commission the following:
1.
Major Site Plan and Supporting Drawings
2.
Written Documents.
a.
A legal description of the development site, including a statement of ownership and proposed zoning;
b.
A development schedule indicating the approximate date when construction of the MPD or stages of the MPD can be expected to begin and be completed;
3.
Filing fee.
20 - DISTRICT REGULATIONS
Districts Designated. In order to classify and regulate the location and use of all buildings; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards and other open spaces surrounding such buildings, the City is divided into ten classes of districts. Located throughout the City of Burlington are pockets of development that contain unique characteristics, therefore they must meet added requirements known as overlay districts. The use and area regulations are uniform in each district, and the districts shall be known as:
Base Zones
R-1 Single-family Residential District
R-2 Single-family Residential (Transitional) District
R-3 Two-family Residential District
R-4 Multi-family Residential District
C-1 Limited Commercial District
C-2 General Commercial District
C-3 Central Business District
M-1 Light Industrial District
M-2 Heavy Industrial District
A-1 Airport Zone
Overlay Zones
H-1 Historical Preservation Zone
P-1 Planned Unit Development (P.U.D)
T-1 Mobile Home Planned Development (M.P.D)
Table 170.20.02 is broken down into various use categories and lists the permitted and special uses for the City of Burlington. When a situation arises that a particular use is not listed under one of the categories in table 170.20.02, the Department of Development has the following three options available in the commercial and industrial districts:
1.
The Department of Development may determine that the proposed use be allowed in the same category as a similar use listed. The proposed use then becomes subject to the same criteria as the listed use.
2.
If the Department of Development determines that the proposed use is not similar to a use listed in table 170.20.02, then the applicant can request that the proposed use be submitted to the City of Burlington Zoning Board of Adjustment as a special use permit application. The proposed use will then be subject, upon approval, to all requirements set forth in the Section 170.30.30 and 170.50 of these regulations along with all other pertinent regulations.
3.
Any industrial use considered to have high health and/or environmental risks as determined by the City of Burlington Development Department, shall be considered a special use and will follow all applicable requirements of the City of Burlington, State of Iowa, and agencies of the U.S. Government.
All uses listed must comply with all applicable zoning regulations, building codes, and licensing requirements of the City of Burlington, State of Iowa, and agencies of the U.S. Government.
(Ord. No. 3389, § 3, 10-5-15; Ord. No. 3489, § 1, 8-2-21)
170.20.031 Purpose:
This district is intended to provide for a variety of single-family residential areas where public utilities and services are available and may further provide a transition area between residential growth and agriculture.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-1 single-family residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special, and accessory uses of the R-1 District shall meet all of the requirements of this Title, including the following supplementary requirements, before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.041 Purpose:
This district is intended to allow for development of single-family detached dwelling areas with larger and/or irregular shaped lots where construction may be limited to homes of larger dimensions. Certain adaptations may be allowed to accommodate alternative designs for streets and lot layouts.
170.20.042 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-2 single-family residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the R-2 District shall meet all of the requirements of this Title, including the following supplementary requirements, before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.051 Purpose:
This district is intended to allow for low and medium density neighborhoods by providing varying area requirements.
170.20.052 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-3 two-family residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the R-3 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.061 Purpose:
This district is intended to allow for medium and high-density neighborhoods by providing varying area requirements.
170.20.062 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-4 apartment residential district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
HO = Home Occupation: subject to supplementary regulations
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the R-4 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.071 Purpose:
The intent of this district is to allow a transition area between limited commercial growth and residential neighborhoods.
170.20.072 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-1 limited commercial district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
Y *1 = Permitted as upper-story and/or in rear of building. Shall maintain commercial
storefront along public streets and meet requirements of both commercial and residential
uses.
New residential uses shall meet lot size and parking requirements based on the number
of residential units. Lot coverage shall meet commercial requirements.
Y *2 = Permitted by Special Use Permit, see Chapter 170.30.30.
The above listed permitted, special and accessory uses of the C-1 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.081 Purpose:
The intent of this District is to provide for commercial business activities of a more general retail and wholesale nature, where no manufacturing, assembling, or fabrication is involved without the intrusion of residential dwellings and heavy industry.
170.20.082 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-2 general commercial district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
N *1 = Warehousing of non-hazardous industrial products is permitted.
The above listed permitted, special and accessory uses of the C-2 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
170.20.091 Purpose:
The Central Business District, Downtown Mixed Use, is intended to provide appropriate development regulations for Downtown Burlington. The grouping of uses is designed to strengthen the downtown's role as a center for trade, service, housing, entertainment, and civic life. Mixed uses are allowed and encouraged within the CBD District.
170.20.092 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-3 central business district.
Y = Yes: permitted by required approval: subject to supplementary regulations
Y*1 = Permitted only as upperstory and/or in the rear of the ground floor for properties
that are within the area bounded by Washington Street, 8
th
Street, railroad tracks and Front Street; excluding properties located adjacent to
Washington Street from the alley between N. 6
th
St. and N. 7
th
St. to N. 8
th
St. Properties in the described area shall maintain a commercial storefront along
public streets on the first floor of the building consisting of at least 50% of the
depth of the building and entire width.
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special and accessory uses of the C-3 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
(Ord. No. 3517, § 1(Exh. A), 4-17-23)
170.20.101 Purpose:
The intent of this district is to allow development of industrial uses that are compatible with a close proximity to residential areas and an intermingling with commercial uses. These district regulations are designed to permit industrial uses that would not be hazardous, obnoxious, offensive, or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, air pollutants, and/or any other characteristics that would be detrimental to the surrounding area.
170.20.102 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the M-1 light industrial district. Light Industrial operations shall: 1) be conducted entirely within an enclosed building; 2) not be associated with nuisances such as odor, noise, heat, vibration, or radiation which are detectable at the property line; and 3) not pose a significant safety hazard (such as danger of explosion).
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted, special, and accessory uses of the M-1 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
(Ord. No. 3391, § 3, 11-2-15; Ord. No. 3517, § 1(Exh. A), 4-17-23)
170.20.201 Purpose:
The intent of this district is to allow development of large-scale industrial uses. These district regulations are designed to permit industrial uses that are essential to the City, but may be known as having a nuisance potential.
170.20.202 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the M-2 heavy industrial district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted uses of the M-2 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa.
Current Business Parks
1. Flint Ridge Business Park
(Ord. No. 3391, § 3, 11-2-15)
170.20.301 Purpose:
The intent of this District is facilitating the safe and structured expansion of the Burlington Municipal Airport. In order to protect specified encroachment areas within the operational area of the Burlington Municipal Airport, the following regulations have been set forth to restrict height, location, and general use of structures.
170.20.302 General Regulations:
The regulations set forth in this chapter, or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the A-1 airport district.
Y = Yes: permitted by required approval: subject to supplementary regulations
N = No: prohibited in this district, unless otherwise specified
SUP = Special Use Permit: subject to supplementary regulations
BP = Building permit required: subject to supplementary regulations
SP = Site plan approval, accessory structures still require a building permit
ZBA = City of Burlington, Zoning Board of Adjustment
Staff = City of Burlington, Department of Development
The above listed permitted uses of the A-1 District shall meet all of the requirements of this Title, including the following supplementary requirements before permits will be issued, in order to ensure the health, safety, and general welfare in the City of Burlington, Iowa. These permits are also subject to all State and Federal regulations governing areas within the airport designation.
170.20.401 Purpose:
The planned unit development (PUD) is designed to allow comprehensively planned projects which would provide for innovative and imaginative approaches to urban design and land development.
170.20.402 Planned Unit Development (PUD):
The PUD is a negotiated private/public contract for land development rather than development following a set of minimum requirements. It permits a flexibility of established land regulations as contained in the subdivision regulations and zoning districts.
When an area is developed under this article (PUD), parts of the plat and subdivision requirements may be waived; zoning districts requirements pertaining to area, height, and setbacks may be modified; and various land use mixtures may be permitted with appropriate screening, landscape buffers, and setback restrictions. However, in no case shall the purpose or intent of zoning and platting ordinances be violated.
A PUD is an overlay zone working in conjunction with the established zoning district (base zone) and platting regulations. Such overlay zone places additional regulations and/or requirements on the PUD zoned area.
1.
PUD approval shall be received for all large-scale projects generating traffic over two thousand vehicles per day.
2.
PUD approval may be given for small scale projects over two acres in size.
3.
PUD approval may be given for redevelopment projects of historically significant sites or buildings.
4.
PUD approval may be given for infill, affordable housing projects over one acre in size.
(Ord. No. 3391, § 3, 11-2-15)
Planned unit developments (PUDs) shall be planned as integral units and may be residential, commercial, industrial, or a combination of land uses. When land uses are mixed, the PUD shall be designed to be compatible with adjacent areas and shall meet all zoning district requirements unless addressed in the approving ordinance.
In no case shall a PUD violate density of the zoning district in which it is located.
1.
Density: Maximum density requirements shall comply with zoning regulations as designated by the PUD Agreement.
2.
Environmental Design: Excessive site clearing of topsoil, trees and natural features will be discouraged. A site plan shall be required for all PUDs in order to preserve green space, historical buildings and other natural assets and scenic points.
3.
Open Space:
a.
Open space is an important factor in the development of planned unit developments. No PUD shall be approved unless such development provides for permanent landscaped or natural opens space.
b.
Common open space shall comprise at least twenty percent (20%) of the gross area of the PUD, and is to be used for recreational, park, or environmental amenities, but shall not include public or private streets, driveways, buildings, parking lots, or loading areas.
c.
Open space requirements may be reduced to fifteen percent of the gross area of the PUD when open spaces are fully developed. Developed pedestrian malls, landscape buffer screens, and preserved historic sites and buildings may be included as open space.
4.
Building Spacing. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise. High-rise buildings shall be located within a PUD in such a way as to dissipate any adverse impact on adjoining low-rise buildings.
a.
Zero Lot Line development may be considered in R-1, Single-family Residential Zoning Districts, provided such proposed lots are located adjacent to a separate zoning district (other than R-1) and/or a landscape buffer is platted as part of the development.
5.
Traffic Circulation:
a.
Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic.
b.
Minor streets within PUDs shall not be connected to local streets to encourage their use by through traffic.
c.
The pedestrian circulation system and its related walkways shall be separated from the vehicular street system unless specifically stated elsewhere in the approved development.
d.
All nonresidential land uses within a PUD should have direct access to a major street or frontage road.
e.
Standards of design and construction for roadways, within residential PUDs, may be modified as is deemed appropriate by City staff.
6.
Community Services: PUD approvals shall not be granted unless such facilities as water lines, sanitary sewer lines, and major streets exist in sufficient quantity to serve the PUD.
(Ord. No. 3416, § 1, 12-5-16)
A PUD involves the negotiating of a development contract representing private and public interests. PUDs should satisfy platting and zoning requirements of the City or address those conditions that are to modify adopted requirements.
The landowner or representative that is authorized to negotiate the terms of development on a specific parcel of land.
After a developer has properly filed a complete PUD with the Development Department, the staff has ninety days to review the PUD in detail, analyze its impact, negotiate standards needed to maintain quality development in an urban environment, and convey their findings and recommendations in writing to the Commission, and start the public hearing process.
The Commission shall take the following action:
1.
Determine if the proposed PUD is in conformance with adopted City plans and the intent of platting and zoning regulations;
2.
Conduct a public hearing to receive citizen input and concerns;
3.
Review staff recommendations and consider any differing viewpoints between developer, staff or citizens on the proposed PUD;
4.
Make recommendation to Council based upon findings. Within thirty days after public hearing, Commission shall recommend either: approval as filed, approval subject to specific conditions as listed, or denial based upon findings.
The Burlington City Council has the authority for waiving Code requirements and adopting land development conditions to facilitate desirable PUDs. Approval of a PUD shall be by ordinance and shall include the plans, maps, reports and conditions that comprise the PUD.
If a developer fails to begin construction within two years of approval, the PUD approval shall be considered null and void.
PUDs may be designed to be developed as a single project or in phases.
If a developer does not complete the PUD within its scheduled time period, City Council shall review progress and may extend time schedules, amend the PUD, or revoke elements of the PUD that are not completed.
Project construction plans shall be reviewed by Staff to determine if they meet requirements and do not vary significantly from the approved PUD. The Development Director may authorize minor detail changes and interpretations. Significant changes must be approved as amendments to the PUD by City Council.
Building permits may be issued and construction may begin following Council acceptance of the necessary streets, easements, and public areas. A performance bond may be required by the Council for construction of all public improvements including streets, utilities, sidewalks, and public areas.
The developer shall initiate formal action on a PUD by filing with the Commission the following:
1.
Major Site Plan and Supporting Drawings
2.
Written Documents.
a.
A legal description of the development site, including a statement of ownership and proposed zoning;
b.
A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed;
c.
When commercial uses are proposed, a market analysis may be required to be submitted justifying the type and size of the project which can be realistically supported in the community;
3.
Filing Fee.
170.20.501 Purpose:
The intent of this District is to provide the City of Burlington the opportunity to preserve the historical nature of targeted areas within the City limits. These regulations are intended to allow for a mixture of commercial, industrial, and residential significant buildings, use, and properties; allowing such to exist without interfering or significantly affecting their historical significance.
170.20.502 General Regulations:
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations of the H-1 Historical Preservation District.
A Historic Preservation District is an overlay zone working in conjunction with the established zoning district (base zone) and platting requirements. All historic preservation districts officially designated and adopted are subject to all uses and regulations set out in Chapter 25 Historic Preservation Commission, of the Code of Ordinances of the City of Burlington, Iowa.
170.20.601 Purpose:
The Mobile Home Planned Development (MPD) is designed to promote planned trailer court and mobile home projects that maintain a harmonious nature with the surrounding districts. These approaches allow for imaginative and innovative design characteristics.
170.20.602 Mobile Home Planned Development:
The mobile home planned development (MPD) allows for flexibility of established land regulations as contained in the subdivision regulations and zoning districts.
When an area is developed under this article as a mobile home park or an area has been developed as a mobile home park prior to the adoption of this regulation, zoning district requirements pertaining to 170.20.603 Application and 170.20.604 Design Standards may be modified, provided that the purpose and intent of the zoning and platting requirements are not violated.
The MPD is an overlay zone working in conjunction with the established zoning district (base zone) and platting requirements.
1.
All major MPD developments shall require a minimum of five (5) acres for consideration.
2.
All minor MPD developments containing less than five (5) acres shall meet the requirements of this section, provided the Development Department may waive or reduce these requirements based on the size of the development.
3.
All MPD developments require a major site plan and a pre-submission meeting with the Development Department.
4.
All MPD developments shall be limited to single-family dwellings, accessory uses, permitted and special home occupations, recreational parks and or any other use allowed during the application process.
Mobile Home Planned Developments (MPD) shall be planned as integral units and shall meet all of the minimum requirements set forth in this Section.
1.
Density: Maximum density is limited to eight (8) homes per acre.
2.
Environmental Design: Excessive site clearing of topsoil, trees and natural features will be discouraged.
3.
Open Space:
a.
In all MPD areas, there shall be one (1) or more recreation areas accessible to all park residents.
b.
The size of recreation areas shall be based on a minimum of two hundred fifty (250) square feet for every lot.
c.
No such outdoor recreation area shall contain less than five thousand (5000) square feet, and shall not include public or private streets, driveways, buildings, parking lots or loading areas.
4.
Building Spacing: Each development shall provide reasonable visual and acoustical privacy for dwelling units, including fences, insulation, walks, barriers and landscaping used for the protection and aesthetic enhancement of property and the privacy of its occupants.
5.
Building Requirements: Minimum standards
a.
No home shall be located closer than twenty-five (25) feet to the front yard property line when located on a public right-of-way.
b.
No home shall be closer than fifteen (15) feet to the front yard property line when located on a private drive.
c.
Rear yards shall be maintained at fifteen (15) feet.
d.
Side yards shall be maintained at five (5) feet.
6.
Traffic Circulation:
a.
Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic.
b.
The pedestrian circulation system and its related walkways shall be separated from the vehicular street system unless specifically stated elsewhere in the approved development.
c.
Standards of design and construction for roadways, within residential MPDs, may be modified as is deemed appropriate by City staff, provided the following minimum requirements are maintained:
7.
Community Services: MPD approvals shall not be granted unless such facilities as water lines, sanitary sewer lines, and major streets exist in sufficient quantity to serve the MPD.
8.
Storm Shelters: MPD developments shall provide adequate storm shelter facilities for occupants.
MPDs should satisfy platting and zoning requirements of the City or address those conditions that are to modify adopted requirements.
The landowner or representative that is authorized to negotiate the terms of development on a specific parcel of land.
A professional committee composed of City personnel and support persons as necessary to review proposed MPDs, analyze their impact, and negotiate standards needed to maintain quality development in an urban environment.
After a developer has properly filed a complete MPD with the Development Department, the staff has ninety days to review the MPD in detail, convey their findings and recommendations in writing to the Commission, and start the public hearing process.
The Commission shall take the following action:
1.
Determine if proposed MPD is in conformance with adopted City plans and the intent of platting and zoning regulations;
2.
Conduct a public hearing to receive citizen input and concerns;
3.
Review staff recommendations and consider any differing viewpoints between developer, staff or citizens on the proposed MPD;
4.
Make recommendation to Council based upon findings. Within thirty days after the public hearing, the Commission shall recommend either: approval as filed, approval subject to specific conditions as listed, or denial based upon findings.
The Burlington City Council is the authority for adopting land development conditions to facilitate desirable MPDs. Approval of a MPD shall be by ordinance and shall include the plans, maps, reports and conditions that comprise the MPD.
If a developer fails to begin construction within two years of approval, the MPD approval shall be considered null and void.
Project construction plans shall be reviewed by Public Staff to determine if they meet requirements and do not vary significantly from the approved MPD. The Development Director may authorize minor detail changes and interpretations. Significant changes must be approved as amendments to the MPD by City Council.
Building permits may be issued and construction begins following Council acceptance as necessary of streets, easements, and public areas. A performance bond may be required to insure proper installment of infrastructure.
The developer shall initiate formal action on a MPD by filing with the Commission the following:
1.
Major Site Plan and Supporting Drawings
2.
Written Documents.
a.
A legal description of the development site, including a statement of ownership and proposed zoning;
b.
A development schedule indicating the approximate date when construction of the MPD or stages of the MPD can be expected to begin and be completed;
3.
Filing fee.