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Burlington City Zoning Code

CHAPTER 170

20 - DISTRICT REGULATIONS

170.20.01 - ZONING DISTRICTS:

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.

170.20.02 - TABLE OF USES

Residential Use Categories
Group Living
Definition:
Residential occupancy of a structure by a group of people who do not meet the Household Living classification or are otherwise permitted by these regulations. The size is typically larger than the average household size and the average length of stay is typically 60 days or longer. Structures generally have a common eating area.
Uses Included:
Boarding, rooming or lodging houses Nursing and /or assisted living facilities
Dormitories, fraternity house, or sorority house Transitional Living Facilities
Household Living
Definition:
Residential occupancy of a dwelling unit by a family (by definition of this ordinance), where the average length of stay is typically 60 days or longer.
Uses Included:
Single-family dwellings Multiple-family dwellings
Two-family dwellings Home occupations (see Section 170.30.40)
Short-Term Lodging
Definitions:
Facilities offering transient lodging accommodations to the general public, where the average length of stay is typically less than 60 days.
Uses Included:
Bed and breakfasts
Hotels
Motels

 

Limited Commercial Use Categories
Commercial Office
Definition: Activities conducted in an office setting and primarily focusing on administrative, business, government, professional, medical, or financial services. Contractors and others who perform services off-site are included in this Use Category if equipment and materials are not stored on site and fabrication, services, or similar work is not carried on at the site. Uses are deemed compatible with residential and are often operated in established neighborhood commercial areas. Only commercial office uses that occupy building spaces of less than or equal to 10,000 square feet in area shall be classified as Limited Commercial Uses; those greater shall be General Commercial Uses.
Uses Included: Office uses such as:
Data processing centers Sales offices
Government offices General office uses
Insurance services Medical and dental clinics, laboratories and
Public utility offices   offices
Real estate and related services Professional service offices (engineers,
  lawyers, etc.)
Financial institutions and/or ATM's (up to two
  drive-through lanes)
General Retail Sales and Services
Definition: Uses that involve the sale, lease, or rental of new and used consumer products to the general public and uses providing services involving predominately personal or business services, including repair of consumer and business goods. Uses are more intensive than limited commercial and create additional traffic concerns and may have some negative effects on residential uses. Only retail sales and service uses that occupy building spaces of less than or equal to 20,000 square feet in area and only grocery stores that that occupy building spaces of less than or equal to 30,000 square feet in area shall be classified as Limited Commercial Uses. Businesses above these size requirements shall be classified as General Commercial Uses.
Uses Included: Stores selling, leasing, or renting consumer, home, and business goods
including:
Antiques Jewelry
Appliances Music Supplies
Art Stores Newspaper distribution
Bicycles Office supplies, printing, and blueprinting
Books and printed material Liquor & tobacco products
Clothing and sporting goods Pet supplies
Convenience Store (Gas station) Pharmaceuticals
Electronic equipment Stationery
Fabric, furniture, and upholstery Toys
Garden supplies Videos
Home improvements Food preparation and sales
Retail, Personal, Business and Repair Services
Definition: See Definition of General Retail Sales and Services
Uses Included:
Business and commercial trade schools Photographic studios & development
Business and management consulting services Recycling drop-off
Dry cleaning and Laundromats Scientific and professional instrument repair
Employment agencies Tailors
Hair, tanning, and personal care services Tattoo and piercing
Health clubs and gyms Television, clock, electric motor, watch, shoe, gun
Locksmiths
Light Assembly, Entertainment, & Restaurant
Definitions: Facilities providing entertainment and gathering services; eating and drinking establishments. Only uses below that occupy building spaces of less than or equal to 10,000 square feet in area shall be classified as light assembly, entertainment and restaurant (individually or combined with other uses in this category).
Uses Included:
Bars and taverns Game arcades
Billiards and pool halls Lodges and social clubs
Cafes, bakery shop, and delicatessens Restaurants
Catering establishments

 

General Commercial Use Categories
General Assembly, Entertainment, & Restaurant
Definitions: Facilities providing entertainment and gathering services; eating and drinking establishments.
Uses Included:
Bars and taverns Lodges and social clubs
Banquet and reception establishments Night clubs
Bowling alleys Restaurants
Exhibition and meeting areas Theaters
Automotive and Marine Craft
Definitions: Retail sale, rental, and leasing of motorized vehicles, including cars and trucks, marine craft, recreational equipment, and farm and road machinery, including all types of boats.
Uses Included: Sales or leasing of consumer vehicles, including:
Trucks Auto and marine craft supplies and accessories
Trailers Implement dealerships
Motor vehicles and Motorcycles Other recreational vehicles
Passenger vehicles Other vehicles, equipment, and machinery
General Commercial
Definition: Commercial uses that are considered to have an impact on the surrounding properties, especially on residential areas.
Uses Included:
Animal grooming salons Indoor storage facilities
Animal kennels, boarding, and veterinarians Martial arts instruction
Dance or music schools Pet stores (selling animals)
Financial institution and/or ATM's
(exceeding two drive-through lanes)
Sign making
Micro-brewery
Brew Pub
Radio or television broadcasting stations
Wholesale Trade
Definition: Uses that involve the sale, lease, or rental of products primarily intended for industrial, institutional, or commercial businesses. Uses emphasize on-site sales or order taking and often include indoor display areas. Businesses may or may not be open to the general public and may be picked up on-site or delivered.
Uses Included:
Mail order houses Machinery & parts
Construction materials (electric, heating, Packaging liquor and tobacco products
plumbing, welding supplies) Restaurant equipment
Janitorial supplies Wholesale establishments (clothing, electronic, food, etc.)

 

Light Industrial Use Categories
Definition:
Facilities that are light industrial in nature and include businesses that can be considered compatible with certain commercial uses stated above.
Industrial uses listed below allow for the assembly, storage, distribution and compounding of products that generally have minor health and/or environmental risks to surrounding properties.
Chemical and Allied Products
Uses Included:
Cosmetics and toiletries (compounding only)
Ice manufacture, including dry ice
Ink manufacture (Mixing only)
Perfumes and perfumed soup (compounding only)
Pharmaceutical products
Soap, washing or cleaning, powder or soda (compounding only)
Food and Beverage Products
Uses Included:
Chewing gum manufacture
Chocolate, cocoa and cocoa products, processing and packaging only
Coffee, tea and spices, processing and packaging only
Condensed and evaporate milk, processing and canning only
Fruit and vegetable processing (including canning, preserving, drying and freezing)
Macaroni and noodle manufacture
Oleomargarine (compounding and packaging only)
Fresh baked good/products (bread, donuts, pastries)
Metals and Metal Products
Uses Included:
Light machinery assembly (prefabricated parts)
Container and fastener manufacture (metal)
Iron fabrication (ornamental)
Plating, electrolytic process
Sheet metal products manufacture
Silverware and plated ware, and ornamental iron fabrication
Vitreous enameled products
Aluminum rolling, fabrication, and forming
Textiles, Bedding and Fibers
Uses Included:
Hat bodies of fur and wool felt (including men's hats) manufacture
Knitting, weaving, printing, finishing of textiles and fibers into fabric goods
Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing)
Cloth manufacture
Wood and Paper Products
Uses Included:
Basket and hamper (wood, teed, rattan)
Pencil manufacture
Shipping container (corrugated board, fiber or wire bound)
Veneer manufacture
Printing/Binding
Unclassified Uses
Uses Included:
Animal pound
Animal, poultry and bird raising, commercial
Bulk storage of petroleum products for a local distribution as distinguished from a petroleum product terminal for extensive storage and regional distributing purposes
Button manufacture
Cigar and cigarette manufacture
Coal and coke storage and sales
Contractor's shop and storage yard
Fur finishing (not including a tanning operation)
Industrial vocational training school, including internal combustion engines
Leather goods manufacture, but not including tanning operations
Tire retreading and vulcanizing
Assembly of products from finished materials/products
Computer manufacturing / electronic assembly
Processing / assembly of engineering, lab, scientific, or research instruments and associated equipment

 

Heavy Industrial Use Categories
Definition:
Facilities that are generally located separate from other uses in this regulation. Heavy Industrial uses listed below are associated with businesses that have a higher potential to be considered a nuisance due to the above normal noise, chemicals, outdoor storage of materials, and use of heavy machinery associated with finished product assembly.
Chemical, Petroleum, Coal and Allied Products
Uses Included:
Adhesives
Alcohol, industrial
Bleaching
Candles and essential oils
Cleaning and polishing preparation (nonsoap) dressing and blacking
Dyestuff
Exterminating agents and poisons
Fertilizers (nonorganic)
Fuel briquettes
Glue and size (vegetable)
Ink manufacture from primary raw materials (including colors and pigments)
Soap and soap products
Clay, Stone and Glass Products
Uses Included:
Abrasive wheels, stones, paper, cloth and related products
Brick, fire brick, and clay products
Concrete products or central mixing and proportioning plant
Glass and glass products
Graphite and graphite products
Monument and architectural stone
Pottery and porcelain products (coal fired)
Refractories (other than coal fired)
Stone and sand-lime products
Wallboard and plaster, building, insulation and composition flooring
Food and Beverage
Uses Included:
Chocolate and cocoa
Cider and vinegar
Distilleries (alcoholic), breweries and alcoholic spirits
Flour, feed and grain milling or storage
Gelatin
Glucose or dextrine
Malt extracts and yeast manufacture
Meat packing
Molasses and sugar refining
Oil, shortenings, and fats (including oleomargarine)
Poultry (including slaughter)
Metal and Metal Products
Uses Included:
Aluminum extrusion, rolling, fabrication and forming
Boiler manufacture (other than welded)
Culvert manufacture
Firearms manufacture
Forge plant, pneumatic, drop and forging hammering
Foundries
Galvanizing or plating (hot dip)
Heating, ventilation, and appliance manufacture
Heavy and light machinery manufacture
Motor testing (internal combustion motors)
Nails, brads, tacks, spikes and staples manufacture
Safe and vault manufacture
Ship yard
Structural iron and steel fabrication and manufacture
Tool, die, gauge and machine shops
Tools, plumbing and hardware products
Wire rope and cable
Textiles, Fibers and Bedding
Uses Included:
Bedding (mattress, pillow and quilt) manufacture
Bleachery
Floor covering manufacture
Hair and felt products washing, curling and dyeing
Hosiery mill
Jute, hemp and sisal products
Nylon, cordage, and rope
Oilcloth, oil-treated products and artificial leather
Rayon
Wool pulling or scouring
Wood and Paper Products
Uses Included:
Barrels, pallets, and box and crate manufacture
Charcoal and pulverizing
Cooperage works
Furniture
Paper and paperboard products (planing and millwork)
Pulp goods, pressed or molded (including papier mâché products)
Sawmill (including cooperage stock mill)
Wood preserving treatment
Miscellaneous Industries
Uses Included:
Carbon papers and ribbons
Chewing tobacco
Leather tanning and curing
Rubber (natural and synthetic), gutta-percha, chicle and balata processing
Rubber tire and tube
Shell grinding
Other Uses
Uses Included:
Railroad yard, roundhouse, repair and overhaul shops
Oils, vegetable and animal (nonedible) and storage
Paint, lacquer, shellac and varnish (including colors and pigments, thinners and removers)
Roofing materials, building paper, and felt (including asphalt and composition)
Salt tanning materials and allied products
Tar products (except distillation)
Controlled Uses (SUP required)
Definition:
Facilities or uses listed below require a Special Use Permit in the M-2 District due to the potential to cause higher health and/or environmental risks.
Uses Included:
Acid manufacture
Automobile wrecking, parts for storage and sale
Cement, lime, gypsum, or plaster of paris manufacture
Distillation, manufacture or refining of bones, coal, or tar asphalt
Explosives, manufacture or storage
Fat, grease, lard, or tallow rendering or refining
Fertilizer manufacture (organic and inorganic)
Glue manufacture
Garbage; offal or dead animal reduction or dumping
Junk and salvage storage, treatment, baling
Lead oxide
Paper manufacture
Refining, terminal, or storage depots for petroleum and asphalt
Smelting of tin, copper, zinc, or iron ores
Storage or processing rawhides or fur
Stockyards or slaughter of animals (except chickens)
Storage battery manufacture

 

Institutional Use Categories
Schools
Definition:
Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
Uses Included:
Administration buildings
Public and private schools
Community & private colleges, Universities
Nursing and medical schools not accessory to a hospital
Seminaries
Community Facilities
Definition: Uses generally provide a service to the people of the community. Services are generally provided on the site or employees are at the site on a regular basis.
Community centers or facilities that have membership provisions are open to the general public to join at any time, and the services are ongoing, not just for special events. The use may also provide special counseling, education, or training of a public, nonprofit, or charitable nature.
Uses Included:
City and County Service Stations and Offices
Community centers
Detention buildings
Libraries
Museums
Post Offices
Senior centers
Vocational training for the handicapped
Youth club facilities
Day Care Facilities
Definition:
Uses where a program of supplementary care, protection, and supervision is regularly provided to children at least twice a week. The service is provided outside the home of the care recipients and covers only a portion of the day. Day care facilities uses include "group day care homes", " child care facilities" and "registered family day care homes" as those terms are defined in 237A.1 of the Iowa Code. Commercial day care uses permitted under this chapter do not include any unlicensed facilities for which a license is required by law.
Uses Included:
Child care center Preschools and nursery schools
Group and family day care homes
Funeral Facilities
Definition:
Uses providing for the preparation of the deceased for burial or cremation, the display of the deceased and the rituals connected therewith before burial or cremation, or the storage of human bodies prior to burial or cremation.
Uses Included:
Funeral Homes Mortuaries
Medical Centers
Definition:
Uses providing medical or surgical care to patients and offering overnight care, including uses that provide in-patient care and planned treatment for psychiatric, alcohol, or drug problems.
Uses Included:
Drug, alcohol and psychiatric in-patient facilities
Hospitals (may have heliports if necessary)
Medical centers (may have heliports if necessary)
Religious Institutions
Definition:
A facility where people regularly attend religious services and affiliated meetings and activities. Religious institutions include buildings in which the religious services of any denomination are held.
Uses Included:
Churches Synagogues
Mosques Temples
Other houses of worship
Social Service Providers
Definition:
Social Service Provider uses are primarily engaged in providing on-site counseling, meals or shelter beds for free or significantly below market rates. Uses that provide on-site meals, counseling and shelter beds as an Accessory Use are not included if the service is provided fewer than 3 days a week. For example, a church that provides a free or low-cost meal once a week would not be classified as a social service provider use.
Uses Included:
Drug and alcoholic counseling centers
Rescue missions
Shelters, temporary or permanent
Surplus food distribution centers and soup kitchens

 

Transportation, Communications and Essential Services Use Categories
Basic Utilities
Definition:
Utility infrastructure that needs to be located in or near the area where services are provided. Basic utility uses generally do not have regular employees at the site and may be provided privately or publicly.
Uses Included:
Telephone relay towers
Private utility substations
Wind towers and/or Wind turbines for the purpose of harnessing energy
Solar Energy Systems
Airport Facilities
Definition:
Structures, uses, and landscaping located within or surrounding the two-mile jurisdiction of the Burlington Municipal Airport.
Uses Included:
Airport terminals
Hangers
Fuel tanks
Landing strips
Heliports
Fire stations and training facilities
Aeronautical research uses
Manufacturing establishments having required proximity to airports
Facilities for sale or maintenance of aircraft
Vehicle rental facilities
Taxi cab facilities
Storage facilities
Parks and Open Areas
Definition:
Land outdoors, open to the public, and reserved primarily as a natural area or an area consisting mostly of vegetative landscaping, outdoor recreation space, community gardens, or public square or plaza.
Uses Included:
Boat launching areas
Botanical gardens
Cemeteries
Golf Courses
Nature preserves
Parks & recreational trails
Plazas & public squares
Swimming pools
Tennis courts (open to the public)
Marinas
Campgrounds
Playgrounds

 

Miscellaneous Use Categories
Adult Entertainment Facilities
Definition:
Any establishments including, but not limited to bookstores, bars, restaurants, movie theaters, arcades, or retail stores where films are shown, where live performances take place, or where twenty-five percent or more of the materials that are rented, sold, or offered for customers including, but not limited to videos, magazines, books, or other materials or items are characterized by an emphasis upon the depiction or exposure of specified sexual activities or specified anatomical areas. For purposes of determining the twenty-five percent, the greater of either the floor area where items are displayed or the total number of items offered shall be calculated to determine the classification of the establishment.
Uses Included:
Adult motion picture arcades Adult bookstores
Adult cabarets Adult motion picture theaters
Adult theaters Massage parlors
Bars featuring "topless" or "exotic" dancers or striptease performances
Agricultural and Farm Related Activities
Definition:
Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticulture services, veterinarian and other animal services, and farm labor and management services.
Uses Included:
Farms Stables
Commercial Outdoor Recreation
Definition:
Large, generally commercial facilities, that provide continuous or seasonal recreation or entertainment-oriented activities. They generally take place outdoors or may take place in a number of structures that are arranged together in an outdoor setting, excluding special events, as determined by the Development Department; typically running less than (7) days.
Uses Included:
Amusement Parks Beach clubs
Campgrounds (private) Golf driving ranges
Miniature golf facilities Zoos
Racetracks Drag strips
Riding Stables Recreation complexes
Major Event Entertainment
Definition:
Activities and structures that draw people as spectators or to participate at specific events or shows.
Uses Included:
Auditoriums
Bazaars and carnivals
Exhibition and meeting areas
Fairgrounds
Stadiums and sports arenas
Vehicle Service Facilities
Definitions:
Vehicle service stations: Any use where gasoline and other petroleum products are sold and/or light maintenance activities such as light engine tune-ups, lubrication, minor repairs, and carburetor cleaning is conducted. Service station uses shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.
Vehicle repair facilities: Businesses servicing passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles, including premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.
Vehicle parking facilities: Any area that is used or required for use for the parking of vehicles, but no vehicles are to be equipped, repaired, rented or sold.
Uses Included:
Vehicle Service Station Uses:
  Car Washes
  Publicly and privately owned vehicle emission test sites
  Gas stations
  Minor auto repair and tire sales
  Quick lubrication services
Vehicle Repair Facility Uses:
  Auto body shops
  Auto detailing shops
  Auto upholstery shops
  Tire sales and mounting shops
  Transmission or muffler shops
  Vehicle repair shops
Vehicle Parking Facility Uses
  Parking lots
  Parking garages

 

(Ord. No. 3389, § 3, 10-5-15; Ord. No. 3489, § 1, 8-2-21)

170.20.03 - R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

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.

170.20.032   General Use:

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES
Household living
  Single family dwellings Y BP Staff
  Home Occupations/Business Y SP and/or SUP Staff and/or ZBA
  Mobile home parks Y MPD See Section 170.20.60
Group Living
  Assisted Living Facility Y SUP ZBA
  Transitional living facilities Y SUP ZBA
Short-term lodging
  Bed and breakfast Y SUP ZBA
LIMITED COMMERCIAL USES N
GENERAL COMMERCIAL USES N
Entertainment and restaurants
  Tea and coffee room Y SUP ZBA
LIGHT INDUSTRIAL USES N
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES
Community facilities Y BP and/or SUP ZBA and/or Staff
Religious institutions Y BP Staff
Social service providers Y SUP ZBA
Schools Y BP Staff
Medical centers
  Medical centers Y SUP ZBA
  Hospitals Y SUP ZBA
Child day care facilities Y SUP ZBA
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Spaces
  Golf courses Y SP, and/or BP ZBA and/or Staff
  Nature Preserve Y SP, and/or BP Staff
    Parks and recreational trails Y SP, and/or BP Staff
Swimming Pools Y SP, and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
  Cemeteries Y SUP ZBA
  Marinas Y SUP ZBA
  Playgrounds Y SP Staff
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Agriculture and farm related activities Y BP Staff
Commercial outdoor recreation Y SUP ZBA
Parking Lot Y SUP ZBA

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

170.20.04 - R-2 SINGLE-FAMILY RESIDENTIAL (TRANSITIONAL) DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES
  Household living
  Single family dwellings Y BP Staff
  Two-family dwellings Y,
meeting R-3 or PUD standards
BP Staff
  Home Occupations/Business Y SP and/or SUP Staff and/or ZBA
  Mobile home parks Y MPD See Section 170.20.60
Group Living
  Assisted Living Facility Y SUP ZBA
  Transitional living facilities Y SUP ZBA
Short-term lodging
  Bed and breakfast Y SUP ZBA
LIMITED COMMERCIAL USES N
GENERAL COMMERCIAL USES N
Entertainment and restaurants
  Tea and coffee room Y SUP ZBA
LIGHT INDUSTRIAL USES N
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES
Community facilities Y BP Staff
Religious institutions Y BP Staff
Social service providers Y SUP ZBA
Schools Y BP Staff
Medical centers
  Medical centers Y SUP ZBA
  Hospitals Y SUP ZBA
Child day care facilities Y SUP ZBA
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Spaces
  Golf courses Y SP and/or BP ZBA and/or Staff
  Nature Preserve Y SP and/or BP Staff
  Parks and recreational trails Y SP and/or BP Staff
  Swimming Pools Y SP and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
  Tennis Courts Y SP, and/or BP ZBA and/or Staff
  Cemeteries Y SUP ZBA
  Marinas Y SUP ZBA
  Playgrounds Y SP Staff
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Parking Lot Y SUP ZBA

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses Section 170.30.10

 

170.20.05 - R-3 TWO-FAMILY RESIDENTIAL DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES
Household living
  Single family dwellings Y BP Staff
  Two-family dwellings Y BP Staff
  Home Occupations/Business Y SP and/or SUP Staff and/or ZBA
  Mobile home parks Y MPD See Section 170.20.60
Group Living
  Assisted Living Facility Y SUP ZBA
  Transitional living facilities Y SUP ZBA
Short-term lodging
  Bed and breakfast Y SUP ZBA
LIMITED COMMERCIAL USES N
GENERAL COMMERCIAL USES N
Entertainment and restaurants
  Tea and coffee room Y SUP ZBA
LIGHT INDUSTRIAL USES N
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES
Community facilities Y BP Staff
Religious institutions Y BP Staff
Social service providers Y SUP ZBA
Schools Y BP Staff
Medical centers
  Medical centers Y SUP ZBA
  Hospitals Y SUP ZBA
Child day care facilities Y SUP ZBA
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Spaces
  Golf courses Y SP, and/or BP ZBA and/or Staff
  Nature Preserve Y SP, and/or BP Staff
  Parks and recreational trails Y SP, and/or BP Staff
  Swimming Pools Y SP, and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
  Tennis Courts Y SP, and/or BP ZBA and/or Staff
  Cemeteries Y SUP ZBA
  Marinas Y SUP ZBA
  Playgrounds Y SP Staff
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Parking Lot Y SUP ZBA

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses Section 170.30.10

 

170.20.06 - R-4 MULTI-FAMILY RESIDENTIAL DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL REQUIREDAPPROVAL AUTHORITY
RESIDENTIAL USES
Household living
  Single family dwellings Y BP Staff
  Two-family dwellings Y BP Staff
  Multi-family dwellings Y BP Staff
  Home Occupations/Business Y SP and/or SUP Staff and/or ZBA
  Mobile home parks Y MPD See Section 170.20.60
Group Living Y BP Staff
Short-term lodging
  Bed and breakfast Y SUP ZBA and/or Staff
LIMITED COMMERCIAL USES N
GENERAL COMMERCIAL USES N
LIGHT INDUSTRIAL USES N
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES
Community facilities Y BP Staff
Religious institutions Y BP Staff
Social service providers Y SUP ZBA
Schools Y BP Staff
Medical centers
  Medical centers Y SUP ZBA
  Hospitals Y SUP ZBA
Child day care facilities Y SUP ZBA
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
  Parks and Open Spaces
  Golf courses Y SP, and/or BP ZBA and/or Staff
  Nature Preserve Y SP, and/or BP Staff
  Parks and recreational trails Y SP, and/or BP Staff
  Swimming Pools Y SP, and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
  Tennis Courts Y SP, and/or BP ZBA and/or Staff
  Cemeteries Y SUP ZBA
  Marinas Y SUP ZBA
  Playgrounds Y SP Staff
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Parking Lot Y SUP ZBA

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

170.20.07 - C-1 LIMITED COMMERCIAL DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES
Household living Y *1 BP Staff
Home Occupations/Business Y *1 BP and/or SUP Staff / ZBA
Group Living Y BP Staff
Short-term Lodging
  Bed and breakfasts Y SUP ZBA and/or Staff
LIMITED COMMERCIAL USES Y BP Staff
GENERAL COMMERCIAL USES Y *2 SUP ZBA
LIGHT INDUSTRIAL USES N
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES Y BP and/or SP Staff
Community facilities Y BP Staff
Religious institutions Y BP Staff
Social service providers Y BP Staff
Schools Y BP Staff
Medical centers Y SP and BP Staff
Child day care facilities Y SUP ZBA and/or Staff
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Spaces
  Golf courses Y SP and/or BP ZBA and/or Staff
  Parks and recreational trails Y SP, and/or BP Staff
  Swimming Pools Y SP, and/or BP ZBA and/or Staff
  Tennis Courts Y SP, and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
  Cemeteries Y SUP ZBA
  Marinas Y SUP ZBA
  Playgrounds Y SP Staff
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Ch. 170.70
MISCELLANEOUS
Vehicle service station uses Y BP and/or SP Staff
Parking Lot Y BP and/or SP Staff

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

170.20.08 - C-2 GENERAL COMMERCIAL DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES N
Short-term Lodging
  Hotels and/or motels Y SP and BP Staff
LIMITED COMMERCIAL USES Y BP and/or SP Staff
GENERAL COMMERCIAL USES Y BP and/or SP Staff
LIGHT INDUSTRIAL USES N *1 BP and/or SP Staff
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES
Funeral facilities Y BP Staff
Religious institutions Y SUP and BP ZBA and Staff
Social Service Providers Y BP Staff
Medical centers Y BP Staff
Community facilities Y BP Staff
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Spaces
  Golf courses Y SP and/or BP ZBA and/or Staff
  Parks and recreational trails Y SP, and/or BP Staff
  Swimming Pools Y SP, and/or BP ZBA and/or Staff
  Plazas and public squares Y SP, and/or BP Staff
  Tennis Courts Y SP, and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Vehicle repair facility uses Y BP and/or SP Staff
Vehicle service station uses Y BP and/or SP Staff
Adult Entertainment facilities Y SUP ZBA
Commercial outdoor recreation Y SUP ZBA
Major event entertainment Y SUP ZBA
Parking Lot Y BP and/or SP Staff

 

 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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

170.20.09 - C-3 CENTRAL BUSINESS DISTRICT (DOWNTOWN MIXED USE)

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.

USE CATEGORIESSTATUSAPPROVAL REQUIREDAPPROVAL AUTHORITY
RESIDENTIAL USES
Household living Y*1 BP Staff
Group Living Y BP and/or SUP Staff and/or ZBA
Short-term Lodging
  Hotels and/or motels Y SP and BP Staff
LIMITED COMMERCIAL USES Y BP Staff
GENERAL COMMERCIAL USES Y SP and BP Staff
Indoor commercial or personal storage Y*1 BP Staff
LIGHT INDUSTRIAL USES N
  Warehousing/assembly of non-hazardous industrial products Y SP and BP Staff
  Warehousing of hazardous industrial products Y SUP ZBA
HEAVY INDUSTRIAL USES N
INSTITUTIONAL USES
Funeral facilities Y BP Staff
Religious institutions Y BP Staff
Social Service Providers Y BP Staff
Medical centers Y BP Staff
Community facilities Y BP Staff
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Spaces
  Golf courses Y SP and/or BP ZBA and/or Staff
  Swimming Pools Y SP, and/or BP ZBA and/or Staff
  Plazas and public squares Y SP, and/or BP Staff
  Tennis Courts Y SP, and/or BP ZBA and/or Staff
  Boat Launching Areas Y SUP ZBA
  Parks and recreational trails Y SP, and/or BP Staff
  Marina Y SUP ZBA
Basic Utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Vehicle repair facility uses Y BP and/or SP Staff
Vehicle service station uses Y BP and/or SP Staff
Commercial outdoor recreation Y SUP ZBA
Major event entertainment Y SUP ZBA
Parking Lot Y BP and/or SP Staff

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

(Ord. No. 3517, § 1(Exh. A), 4-17-23)

170.20.10 - M-1 LIGHT INDUSTRIAL DISTRICT

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).

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES N
LIMITED COMMERCIAL USES Y BP and/or SP Staff
GENERAL COMMERCIAL USES Y BP and/or SP Staff
LIGHT INDUSTRIAL USES Y BP and/or SP Staff
HEAVY INDUSTRIAL USES
Clay, stone and glass products Y SUP ZBA
Food and beverage Y SUP ZBA
Textiles, fibers, and bedding Y SUP ZBA
Wood, and paper products Y SUP ZBA
Miscellaneous products Y SUP ZBA
INSTITUTIONAL USES
Child day care facilities Y SUP ZBA
Community facilities Y BP Staff
Medical centers Y BP Staff
Religious Institutions Y SUP and BP ZBA and Staff
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and Open Areas
  Boat Launching Areas Y SUP ZBA
  Parks and recreational trails Y SP, and/or BP Staff
  Marinas Y SUP ZBA
Basic utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Vehicle repair facility uses Y BP and/or SP Staff
Vehicle service station uses Y BP and/or SP Staff
Adult Entertainment facilities Y SUP ZBA
Commercial outdoor recreation Y SUP ZBA
Major event entertainment Y SUP ZBA
Parking Lot Y BP and/or SP Staff

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

(Ord. No. 3391, § 3, 11-2-15; Ord. No. 3517, § 1(Exh. A), 4-17-23)

170.20.20 - M-2 HEAVY INDUSTRIAL DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES N
LIMITED COMMERCIAL USES Y, as part of business park only BP and/or SP Staff
GENERAL COMMERCIAL USES Y, as part of business park only BP and/or SP Staff
LIGHT INDUSTRIAL USES Y BP and/or SP Staff
HEAVY INDUSTRIAL USES
Chemical, coal, petroleum and allied products Y BP and/or SP Staff
Clay, stone and glass products Y BP and/or SP Staff
Food and beverage Y BP and/or SP Staff
Metal and metal products Y BP and/or SP Staff
Textiles, fibers, and bedding Y BP and/or SP Staff
Wood and paper products Y BP and/or SP Staff
Miscellaneous products Y BP and/or SP Staff
Other uses Y SUP ZBA
Controlled uses Y SUP ZBA
INSTITUTIONAL USES Y, as part of business park only BP and/or SP Staff
Child day care facilities Y SUP ZBA
Religious institutions N
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Parks and recreational trails Y SP and/or BP Staff
Basic utilities Y SUP ZBA
  Telephone Relay Towers See Chapter 170.70
MISCELLANEOUS
Vehicle repair facility uses Y BP and/or SP Staff
Vehicle service station uses Y BP and/or SP Staff
Adult Entertainment facilities Y SUP ZBA
Commercial outdoor recreation Y SUP ZBA
Major event entertainment Y SUP ZBA
Parking Lot Y BP and/or SP Staff

 

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

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

(Ord. No. 3391, § 3, 11-2-15)

170.20.30 - A-1 AIRPORT DISTRICT

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.

USE CATEGORIESSTATUSAPPROVAL
REQUIRED
APPROVAL
AUTHORITY
RESIDENTIAL USES N
LIMITED COMMERCIAL USES N
GENERAL COMMERCIAL USES
Automotive and Marine Craft
  Motor Vehicle rental Y BP and/or SP Staff
LIGHT INDUSTRIAL USES Y BP and/or SP Staff
HEAVY INDUSTRIAL USES Y SUP ZBA
INSTITUTIONAL USES N
TRANSPORTATION, COMMUNICATIONS & ESSENTIAL SERVICES USES
Airport Facilities
  Airport terminals Y BP Staff
  Hangers/storage facilities Y BP Staff
  Fuel tanks Y BP Staff
  Landing strips Y SUP SUP
  Heliports Y SUP SUP
  Fire stations and training areas Y BP Staff
  Aeronautical research facilities Y BP Staff
  Manufacturing (specific to airports) Y BP Staff
  Sale and Maintenance Y BP Staff
Parks and recreational trails Y SP and/or BP Staff

 

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.

Bulk Regulations (height and area): see Section 170.30.20
Parking regulations see Section 170.30.50
Accessory use regulations see Section 170.30.202
Sign regulations see Chapter 170.75
Special use regulations see Section 170.30.30
Tower and antenna regulations see Chapter 170.70
Nonconforming Uses see Section 170.30.10

 

170.20.40 - PUD PLANNED UNIT DEVELOPMENT

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.

170.20.403   Application:

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)

170.20.404   Design Standards:

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)

170.20.405   Administration:

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.

170.20.406   Private Developer:

The landowner or representative that is authorized to negotiate the terms of development on a specific parcel of land.

170.20.407   Review:

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.

170.20.408   Commission:

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.

170.20.409   City Council:

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.

170.20.410   Phase Development:

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.

170.20.411   Construction:

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.

170.20.412   Filing:

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.

170.20.50 - H-1 HISTORICAL PRESERVATION DISTRICT

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.

170.20.503   Use Regulations:

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.

170.20.60 - T-1 MOBILE HOME PLANNED DEVELOPMENT

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.

170.20.603   Application:

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.

170.20.604   Design Standards:

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:

No parking on street 1 way 14 feet in width
2 way 20 feet in width
Parallel parking on side 1 way 20 feet in width
2 way 30 feet in width
Parallel parking on both sides 1 way 26 feet in width
2 way 31 feet in width
Two (2) off street parking spaces minimum per dwelling unit as required by City Code, provided a maximum of one (1) parking stall may be allowed in the required front yard.

 

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.

170.20.605   Administration:

MPDs should satisfy platting and zoning requirements of the City or address those conditions that are to modify adopted requirements.

170.20.606   Private Developer:

The landowner or representative that is authorized to negotiate the terms of development on a specific parcel of land.

170.20.607   Public Staff:

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.

170.20.608   Commission:

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.

170.20.609   City Council:

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.

170.20.610   Construction:

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.

170.20.611   Filing:

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.