The R-5 district is intended to provide for the development or redevelopment of tracts of ground on a unit basis, allowing greater flexibility of land use and building locations than the conventional single-lot method provided in other sections of this title. It is the intent of this section that basic principles of land use planning, including an orderly relationship between various types of land uses, be maintained and that zoning standards set forth in this title and other statutes of the city concerning adequate light and air, recreation, open space and building coverage be preserved.

(Ord. 952 (part), 1993)

A.

The owner or owners of any tract of land comprising an area of not less than two acres may petition the city council for a change to the R-5 zoning district classification. The petition shall be accompanied by evidence that the proposed development is compatible with the surrounding area, evidence showing how the owner or owners propose to maintain any common ground included within the development, evidence of the feasibility of providing adequate stormwater and surface water drainage, water mains and sanitary sewers for the proposed development, evidence that the developer is capable of successfully completing the proposed development. A preliminary plan of the proposed development shall be submitted in a format and number as determined by the zoning administrator as necessary to review, showing in schematic form the location of all proposed:

1.

Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;

2.

Parking areas;

3.

Access drives;

4.

Streets abutting or within the proposed development;

5.

Walks;

6.

Site topographic features;

7.

Landscaping and planting areas;

8.

Required peripheral yards;

9.

Common land, recreation areas and parks;

10.

Existing utility or other easements;

11.

Development stages and timing.

B.

The petition and all attachments shall be referred to the planning and zoning commission for study and report. The commission shall review the conformity of the proposed development with the standards of the comprehensive plan and with recognized principles of urban design, land use planning and landscape architecture. The commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the petitioner amend the plan to preserve the intent and purpose of this title to promote public health, safety and the general welfare.

C.

The petition and preliminary plan, along with the commission's recommendations on the request for rezoning, shall then be referred to the city council. The council, after public hearing, may approve or disapprove the preliminary plan and request for rezoning, as reported, or may require such changes as are necessary to preserve the intent and purpose of this title to promote public health, safety, and the general welfare.

D.

1.

If the council approves the preliminary plan and request for rezoning, the applicant shall submit within two hundred seventy days, or such longer period as may be approved by the council, to the commission a final development plan in a format and number as determined by the zoning administrator as necessary to review, of not less than one stage of the proposed development showing in detail the location of all proposed:

a.

Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;

b.

Parking areas;

c.

Access drives;

d.

Streets abutting or within the proposed development;

e.

Walks;

f.

All proposed walls and fences;

g.

Landscaping and plant material;

h.

Required peripheral yards;

i.

Common land, recreation areas, and parks;

j.

Existing and proposed utilities and public easements;

k.

Proposed signs and their area and dimensions;

l.

Storm and sanitary sewer lines;

m.

Water mains; and

n.

Development stages and timing.

2.

The final development plan shall be accompanied by the following required documents:

a.

If the proposed development includes common land which will not be dedicated to the city, and the proposed development will not be held in single ownership, proposed by-laws of a homeowner's association fully defining the functions, responsibilities, and operating procedures of the association. The proposed by-laws shall include, but not be limited to, these provisions:

i.

Automatically extending membership in the association to all owners of dwelling units within the development,

ii.

Limiting the uses of the common property to those permitted by the final development plan,

iii.

Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property,

iv.

Placing the responsibility for operation and maintenance of the common property in the association,

v.

Giving every owner of a dwelling unit voting rights in the association, and

vi.

If the development will combine rental and for-sale dwelling units, stating the relationship between the renters and the homeowner's association and the rights renters shall have to the use of the common land;

b.

Performance bond or bonds, in accordance with the requirements of the subdivision ordinance, which bond or bonds shall insure to the city that the dedicated public streets and utilities, including sewers and water mains, located therein and other common development facilities shall be completed by the developer within the time specified on the final development plan;

c.

Covenant to run with the land, in favor of the city and all persons having a proprietary interest in any portion of the development premises, that the owner or owners of the land or their successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the city; in compliance with the ordinances of the city;

d.

Any additional easements and/or agreements required by the city council at the time of preliminary plan approval;

e.

A final plat shall be submitted with each stage of the final development plan. The plat shall show building lines, lots and/or blocks, common land, streets, easements and other applicable items required by the subdivision ordinance. Following approval of the final plat by the commission and council, the plat shall be recorded with the Winneshiek County auditor and recorder.

3.

The final development plan and required documents shall be reviewed by the commission, for compliance with the standards of this section and substantial compliance with the preliminary plan. The commission's recommendations and report on the final development plan shall be referred to the council. The council shall review the final development plan and approve it if it complies with the standards of this section and is in substantial compliance with the preliminary development plan. No building permits shall be issued until the final development plan and final plat have been approved by the city council.

(Ord. 952 (part), 1993)

(Ord. No. 1328, § 2, 5-20-2024)

Permitted principal and accessory land uses, lot area, yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of this title or the subdivision ordinance.

A.

Buildings are primarily to be used for residential purposes; occupant garages, occupant storage space, and similar accessory uses; noncommerical recreational facilities; and community activities, including churches and schools.

B.

Buildings, or portions thereof, may be used for limited commercial use that meet the following criteria:

1.

The building shall be located no closer than one hundred-fifty feet from the closest point of an adjacent residential zoning district, measured in a straight line from the nearest point of the structure to the nearest point of the residential district.

2.

The combined commercial units may not exceed ten percent of the total units in the development and must be identified on the development plan.

3.

All potential uses of commercial units must be submitted as part of the development plan. Only those approved will be considered permitted uses for the development.

C.

The minimum lot and yard requirements of the zoning districts in which the development is located shall not apply, except that minimum yards specified in the district or suitable screening or buffering shall be provided around the boundaries of the development. In the absence of any appropriate physical barrier, the council may require that open space or screenings be located along all or a portion of the development boundaries. The height requirements of the zoning district in which the development is located shall apply within one hundred twenty-five feet of the development boundary.

D.

All streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the city.

E.

"Common land," as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.

F.

Any land gained within the development because of the reduction in lot sizes, below minimum zoning ordinance requirements, shall be placed in common land to be dedicated to the city or retained in private ownership to be managed by a homeowners' association. The dedication of land to the city shall be subject to the approval of the city council after referral to appropriate city agencies.

G.

The requirements of Chapter 17.52, relating to off-street parking and loading, shall apply to all R-5 developments.

H.

Each stage of the final development plan shall comply with the density requirements of this chapter for the zoning district in which it is located.

I.

No stage of a final development plan shall contain less than three acres.

(Ord. 952 (part), 1993)

(Ord. No. 1328, § 3, 5-20-2024)

A.

The maximum number of dwelling units permitted in an R-5 development shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zoning district or districts in which the area is located. (In the R-2 district, the single-family dwelling requirement shall apply.) Net development area shall be determined by subtracting the area set aside for churches and schools, if any, and deducting the area actually proposed for streets from the gross development area. The area of land set aside for common land, open space or recreation shall be included in determining the number of dwelling units permitted.

B.

The maximum number of multiple-dwelling units permitted in the R-5 development shall be determined by the zoning district in which the development is located as follows:

C.

If the development area contains two or more different zoning classifications, the number of dwelling units permitted and the percentage of multiples allowed shall be determined in direct proportion to the area of each zoning classification contained in the entire tract.

(Ord. 952 (part), 1993)

The council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the council, in accordance with the provisions of Chapter 17.44, to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension is recommended by the commission and approved by the council for due cause shown. For the purpose of this section, the term "unimproved" property means all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.

(Ord. 952 (part), 1993)

(Ord. No. 1328, § 4, 5-20-2024)

In no event shall the installation of any improvements be commenced in the second or subsequent stages of the final development plan until such time as fifty percent of all construction and improvements have been completed in any prior stage of such plan.

(Ord. 952 (part), 1993)

Any application by the property owner or owners for modification to an approved plan shall first be reviewed by the planning and zoning commission. Said proposed modification, along with a recommendation from the planning and zoning commission shall then be forwarded to the city council. The city council shall then take such appropriate action on the proposed modification and their decision shall be final.

No modification may be considered that is more than ten percent increase in density or a change of uses of the site without a public hearing by the planning and zoning commission and city council as required for a rezoning. A public hearing may be held by the planning and zoning commission or city council on any requested modification. All modifications and adjustments shall be recorded at the Winneshiek County Recorder's Office.

(Ord. No. 1328, § 5, 5-20-2024)