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Dyersville City Zoning Code

165.05 ZONING

DISTRICT REGULATIONS

   165.05.01.   Purpose. Zoning Districts are established in this Zoning Ordinance to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.
   165.05.02.   Application. A base district designation shall apply to each lot or site within the City and its planning jurisdiction. A site must be in one base district. Overlay districts may be applied to any lot or site or any portion thereof, in addition to a base district designation.
   165.05.03.   Official Map.
      A.   Boundaries. The boundaries of these districts are indicated upon the zoning map of the City, which map is made a part of this chapter by reference. The zoning map and all the notations, references, and other matters shown thereon, shall be as much a part of this chapter as if the notations, references, and other matters set forth by the map were all fully described herein; the original of which is on file with the City Clerk.
      B.   File. The official zoning map which is on file and in a publicly accessible digital format with the City Clerk shall be entitled “Official Zoning Map.” The Administrator shall direct revisions to the Official Zoning Map as soon as possible after the effective date of any ordinance establishing or amending zoning district boundaries.
      C.   Authority. The official zoning map, together with amending ordinances, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.
      D.   Conflicts. In the event of conflict between the Official Zoning Map and an approved legal description of an amending ordinance, the legal description governs. In other cases, the rules under Subsection 165.05.04 apply.
   165.05.04.   Interpretation of District Boundaries. The district boundaries are either lot lines, or the centerlines of streets, and alleys, and other identifiable rights-of-way, unless otherwise shown, and where the districts designated are bounded approximately by street, alley, or lot lines, and are not dimensioned otherwise, the lot lines or centerlines of streets and alleys shall be construed to be the boundary of the district.
   165.05.05.   Annexations. All territory which may hereafter be annexed to the City shall be considered as being in the A-1 Rural Restricted District until changed by ordinance, but a final zoning plan shall be adopted within six months of the annexation following the procedures of this Zoning Ordinance.
   165.05.06.   Water Areas. All areas within the corporate limits of the City which are under water, and not shown as included within any district, shall be subject to all regulations of the district which immediately adjoins the water area, and to extend to the centerline of the water.
   165.05.07.   Vacation of Streets and Alleys. Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former centerline and subject to Chapter 137 of the Dyersville Code of Ordinances.
   165.05.08.   Conformance Required. Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this Zoning Ordinance for the district in which the building or land is located.
   165.05.09.   Hierarchy. References in Chapter 165 to less intensive or more intensive districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in Subsection 165.05.11, Establishment of Districts, and shall represent a progression from the A-1 Rural Residential District as the least intensive to the I-3 Heavy Industrial District as the most intensive.
   165.05.10.   District Types. Districts are classified as base districts and overlay districts. Overlay districts are indicated with Overlay in the district title as shown in Section 165.05.11. Overlay Districts and are used in combination with base districts to modify or expand base district regulations. They adapt to the special needs of areas of the City and further allow this Zoning Ordinance to evolve as the planning and development needs and trends of specific areas also change. The overlay districts are designed to achieve the following objectives:
      A.   To recognize special conditions in specific parts of the City which require specific regulation;
      B.   To provide for the protection of special features in the natural and built environment of the City;
      C.   To allow for change and adaptability to different needs and trends in land development;
      D.   To encourage comprehensive neighborhood and environmental planning in the City, and to protect the integrity of vital City services; and
      E.   To provide flexibility in development and to encourage innovative design through comprehensively planned projects.
   165.05.11.   Establishment of Districts. In order to classify, regulate, and restrict the location of trade, industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the City is divided into districts. The use, height, and area regulations are uniform in each class of district, and the districts shall be known as:
      A.   Summary Table.
         i.   A-1 Rural Restricted District. The A-1 district provides for and preserves the agricultural and rural use of land, while accommodating extremely low-density residential development generally associated with agricultural uses. This district is designed to maintain permanent and comprehensive agricultural uses existing within Dyersville and the Dyersville extra-territorial jurisdiction. The A-1 district recognizes that major agriculture has industrial aspects and negative effects on nearby neighborhoods that often create conflicts between agricultural and residential uses. In addition, land included in the Urban Reserve in the Comprehensive Plan should be retained in the A-1 District to prevent premature or inappropriate development.
         ii.   A-2 Rural Residential. The A-2 district provides for the rural residential use of land, accommodating limited agriculture and very low-density residential environments. A-2 districts do not permit comprehensive agriculture and are intended for areas where farming is not a primary, permanent land use. Subdivisions in A-2 districts can be developed to rural standards, with gravel roads, surface drainage, and individual water and wastewater management systems. In parts of the Dyersville jurisdiction with distinctive landforms, conservation development design is required to maintain the character of the land. These areas are designated by the Floodplain Overlay District and are subject to special standards and planning procedures set forth in Subsection 165.06.20, Floodplain Overlay District.
         iii.   R-1 Single-family Residential District. The R-1 district is intended to provide for low-density residential neighborhoods, characterized by single-family dwellings with supporting community facilities and urban services. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure and existing neighborhood character or that desired in the future consistent with the Comprehensive Plan.
         iv.   R-2 Medium Density Residential District. The R-2 district is intended to provide for medium-density residential neighborhoods, characterized by single-family and lower density multi-family dwellings. It adapts to both established and developing neighborhoods, as well as transitional areas between single-family, higher density multi-family neighborhoods, and neighborhood commercial areas. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure and existing neighborhood character or that desired in the future consistent with the Comprehensive Plan.
         v.   R-3 Urban Residential District. The R-3 district is intended to provide locations primarily for all housing types and densities, with supporting and appropriate community facilities. It also permits some non-residential uses to permit the development of mixed-use neighborhoods.
         vi.   C-1 Neighborhood Commercial District. The C-1 district supports neighborhood convenience uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses.
         vii.   C-2 General Commercial District. The C-2 district accommodates a variety of commercial uses, some of which have significant traffic or visual effect. These districts may include commercial uses which are oriented to services, including automotive services, rather than retail activities. These uses may create land use conflicts with adjacent residential areas, requiring provision of adequate buffering.
         viii.   C-3 Downtown Commercial District. The C-3 district is intended to provide appropriate development regulations for Downtown Dyersville. Mixed uses are encouraged within the C-3 district with the primary use type being commercial. The grouping of uses with retail as the primary use type is designed to strengthen the town center’s role as a center for trade, service, and civic life.
         ix.   I-1 Light Industrial District. The I-1 district is designed for limited industrial uses that are in an urban setting. These facilities provide services to local residents and are appropriate as transitions between commercial or residential areas. They usually include landscaping and good visual and pedestrian relationships among buildings.
         x.   I-2 Mixed Industrial District. The I-2 district is intended for the location of industrial uses with relatively limited environmental effects. The district is designed to provide appropriate space and regulations to encourage good quality industrial development that is buffered from lower intensity uses when necessary, while assuring that facilities are served with adequate infrastructure and site area.
         xi.   I-3 Heavy Industrial District. The I-3 district is intended to accommodate a wide variety of industrial uses, especially those which may have significant external effects. These uses may have operating characteristics that create conflicts with lower-intensity surrounding land uses. The district provides the reservation of land for these activities and includes buffering requirements to reduce incompatibility.
         xii.   P-1 Public and Institutional District. The P-1 district accommodates a variety of public and Institutional uses. Examples include civic buildings, schools, places of assembly, hospitals, medical campuses, and elder care facilities. The district is designed to provide appropriate space and development regulations to accommodate the unique needs of these uses.
         xiii.   PC Parks and Conservation District. The PC district accommodates Dyersville’s policies, including the Comprehensive Plan, to retain large areas of environmental importance for conservation and recreational purposes. These include area currently designated at public parks, river corridors, and existing greenways. Other areas may be designated in accordance with the policies of the Comprehensive Plan. Legal descriptions of the zoning district may be used and required where natural features do not follow existing lot line or boundaries described in Subsection 165.05.03, Official Map.
         xiv.   PUD Planned Unit Development District. The PUD Planned Unit Development District is intended to provide flexibility in the design of planned projects; to permit innovation in project design that incorporates open space and other amenities; and to insure compatibility of developments with the surrounding urban environment.
         xv.   Floodplain Overlay District. The Floodplain Overlay District protects areas designated as floodplain or floodway by the Federal Emergency Management Association (FEMA) for significant development that would increase natural flooding boundaries.
         xvi.   Historic Overlay District. The Historic Overlay District enables the adoption of special performance and development standards in combination with site development regulations of a base district for areas of special historical or architectural significance within the City of Dyersville. The District recognizes the importance of historically and architecturally significant districts to the character of Dyersville and provides for their conservation.
         xvii.   Neighborhood Conservation Overlay. The Neighborhood Conservation Overlay District allows special deviations and exceptions for subdivisions formed when Dyersville was first developed. Standards accommodate the character of these existing neighborhoods as special areas in Dyersville that should be conserved while catering to property owner needs.
   165.05.12.   Land Uses. Land uses are permitted, conditionally subject to special standards and processes, or prohibited in each zoning district.
   165.05.13.   Application. The standards listed in the Subsection 165.05.14, Use Matrix apply to development on all parcels in the City of Dyersville upon the effective date of this Zoning Ordinance. Existing uses that do not comply with the Use Matrix, shall be subject to the requirements of Subsection 165.11.05, Non-conforming Uses.
   165.05.14.   Use Matrix. Within zoning districts in the City, different uses are permitted with different conditions. These are displayed in the Use Matrix. Levels of permission include:
      A.   Uses permitted by right. These uses are permitted subject to issuance of a building permit by the Administrator, subject only to compliance with all regulations of this Zoning Ordinance. Uses permitted by right might be subject to supplemental regulations contained in this Zoning Ordinance. These uses are indicated in the Use Matrix by a “P” in the applicable cell.
      B.   Conditional Uses. These uses are subject to approval of a Conditional Use Permit by the Board of Adjustment, following the procedure set forth in Subsubsection 165.03.04.I, Conditional Use Permit. These uses are indicated in the Use Matrix by a “C” in the applicable cell.
      C.   Site plan approval. Some use types require supplemental regulations and approval by the Administrator or the Commission and Council, based on specific criteria for review. This procedure is set forth in Subsubsection 165.03.04.G, Site Plan Review. These uses are indicated in the Use Matrix by an asterisk (*) following the citing of a specific use type.
      D.   Agricultural Uses
165.05.14.01 Permitted Agricultural Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Agriculture
P
C
C
Animal Production
P*
C
Animal Raising, Personal
P
P
C
C
C
Commercial Feedlots/Operations
C
Community Garden
P
P
P*
P*
P*
P*
P*
P
Livestock Sales
C
P
Urban Farming
P
P
C
C
C
C
Notes:
1. Supplemental standards may apply in Section 165.09, Supplemental Standards
 
      E.   Residential Uses
165.05.14.01 Permitted Residential Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Boarding Home
P
Child Care Center
P
P
P
Child Care Home
P
P
P
P
P
P
Child Development Home
P*
P*
P*
P*
P*
P*
Dwelling, Single-Family Detached
P
P
P
P
P
P
C
C
Dwelling, Single-Family Attached
P*
P
P
P
C
C
Dwelling, two-family (duplex)
P*
P*
P*
P
P
C
Dwelling, Multi-Family (apartment, multiplex)
P*
P*
P
P
C
Group Residential
P
P
Live/Work Unit
P*
P
P
P
Manufactured and Modular Home Dwelling
P
P
P
P
P
P
P
C
Mobile Home Park
C
Short-term rental
P
P
P
P
P
P
P
P
Notes:
1. Supplemental standards may apply in Section 165.09, Supplemental Standards
 
      F.   Civic, Public, and Institutional Uses  
165.05.14.01 Permitted Civic, Public, and Institutional Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Administration
P
P
P
P
P
P
P
Animal Shelter and Kennels
P
P*
P*
P*
P
P
Campground
P*
C
P*
P*
Cemetery
P
P
Convalescent Home
P
Education (primary)
P
Education (secondary)
P
Education (university)
P
Family Home
P
P
P
P
P
Group Care
P*
P*
Group Home
P
P
P
P
P
Hospital, Clinics, Urgent Care
C
P
P
C
P
P
P
P
Indoor Recreation
C
C
C
P*
P*
P*
P
P
P*
C
Outdoor Commercial Recreation
C
P
C
P
P
P
P*
C
Parking Structure or Lot
C
P*
P*
C
P
P
P
P
Park & Recreation
P
P
P
P
P
P
P
C
P
P
P
P
P
Place of Assembly
P*
P*
P*
P*
P*
P*
P
P
P
P
P
P
Postal Facilities
C
P
P
P
P
P
Safety and Maintenance Services
P
P
P
P
P
C
Notes:
1. Supplemental standards may apply in Section 165.09, Supplemental Standards
 
      G.   Commercial Uses
165.05.14.01 Permitted Commercial Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Alcoholic Beverage Sales
C
P*
P*
P*
P*
P*
Automobile Rental/Sales
P
C
P
P
P
Automobile and Equipment Repair Services
C
P
C
P
P
P
Car Wash
P*
C
P
P
P
Commercial use with drive-through facility
P*
P*
C
P
P
P
Construction Sales/Service
P
P
P
Food Services, no drive thru
P*
P
P
P
P
P
P
Food Services, with drive thru
P*
P*
C
P*
P
P
Funeral Service
P
P
P
C
P
P
P
Gas Station
P
C
P
P
P
General Office, no drive thru
C
P
P
P
P
P
P
General Office, with drive thru
P*
P*
C
P*
P
P
General Retail
C
P*
P
P
P
P
P
General Services
C
P
P
P
P
P
P
Heavy Retail
P*
C
P*
P
P
Hotels
P
C
P
P
P
Mixed-Use
P*
P*
P
P
Movie Theater
P
C
Personal Services
C
P*
P
P
P
P
P
Pet Services
P*
P
P
P
P
P
Restaurants (Drive-in)
P*
P
C
P
P
P
Restaurants (General)
P*
P
P
P
P
P
Tavern/Bar
C
P
P
P
P
P
Vehicle Storage Facilities
C
P*
P
P
Veterinary
P
C
P
P
P
Notes:
1. Supplemental standards may apply in Section 165.09, Supplemental Standards
 
      H.   Industrial Uses
165.05.14.01 Permitted Industrial Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Farm Equipment Rental and Sales
P
C
P
P
P
Animal meat processing or rendering
P*
Construction Yards
P*
P
P
Extraction
C
Heavy Industry
C
P*
Junk Yards
C
Landfill, Refuse, and Compost Disposal
C
C
Light Industry
P*
P
P
Recycling collection
C
C
P
Recycling collection and processing
C
P
Self-Storage Facility (Primarily indoor)
C
C
C
P*
P*
P
P
Truck Terminal
C
P*
P
P
Warehousing (Enclosed)
P
P
P
Warehousing (Open)
C
P*
P
Well Drilling services
C
P*
P*
P
Heavy Manufacturing
P*
Notes:
1. Supplemental standards may apply in Section 165.09, Supplemental Standards
 
      I.   Miscellaneous Uses
165.05.14.01 Permitted Miscellaneous Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Airport
P*
Broadcasting Center
P*
C
P*
P*
P*
Electrical Substation
P*
P*
P*
P*
P*
P*
P*
P
P
P
P*
SES (Solar Energy System) Primary Use
P*
P*
P*
P*
P*
P*
P*
Telecommunication Tower
C
C
C
C
C
C
C
C
C
P*
C
Utilities
C
C
C
C
C
C
C
C
C
C
C
C
C
WECS (Small Wind Energy System)
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
Privately owned small wireless facilities
P*
P*
C
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
Notes:
1. Supplemental standards may apply in Section 165.09, Supplemental Standards
 
      J.   Uses that are Not Listed. Uses that are not listed are subject to the requirements below in determining their application in this Zoning Ordinance.
         i.   If a proposed use is not specified in Subsection 165.05.14, Use Matrix, the Administrator has the authority to decide that the use is either a subcategory of a permitted or conditional use or a use that is functionally similar to a permitted or conditional use. If the Administrator authorizes the use, then all standards of the similar use apply.
         ii.   If the Administrator determines that a proposed use is not a subcategory of or functionally similar to a permitted or conditional use than the use is prohibited.
   165.05.15.   Accessory and Temporary Uses. Accessory and temporary uses and structures are permitted in any district in connection with any principal use lawfully existing within such district when located in the same district as the principal use or in an adjoining district in which the principal use is permitted. Accessory uses, and accessory buildings and structures include, but are not limited to, those set out in 165.05.15.01, Permitted Accessory and Temporary Uses.
165.05.15.01 Permitted Accessory and Temporary Uses
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Use Types1
A-1
A-2
R-1
R-2
R-3
C-1
C-2
C-3
I-1
I-2
I-3
P-1
PC
Accessory Dwelling Unit
P
P
P*
P*
P*
Building mounted telecommunication antennas
P*
P*
C
P*
P*
P*
P*
P*
P*
P*
P*
P*
Home Occupation
P*
P*
P*
P*
P*
P*
Human care incidental to a permitted use
P
Outdoor storage
P
P*
P*
P*
P*
P*
P*
P*
P*
P
P
P*
Parking lots
P
P*
P*
P*
P*
P*
P
P*
P
P
P
P
P
Portable storage units/Shipping containers
P*
P*
P*
P*
P*
Private Garage
P
P
P
P
P
P
P
P
P
P
P
P
P
Private pool or recreational equipment
P
P
P
P
P
P
P
Refreshment or roadside stand
C
P
C
P
Retail Sale of Consumer Fireworks
C
Sheds and storm shelters
P
P
P
P
P
P
P
P
P
P
P
P
P
Solar energy systems
P
P
P
P
P
P
P
P
P
P
P
P
P
Temporary Construction Buildings
C
C
C
C
C
C
P
C
P
P
P
P*
P*
Temporary Construction Equipment or Yards
P*
C
C
C
C
C
P*
P*
P*
P
P
P*
P*
Notes:
1. Additional standards in Subsection 165.09.12
 
      A.   General Requirements. No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory and shall comply with the regulations of the applicable zoning district.
      B.   Supplemental Standards. Specific standards, where applicable, are described in Section 165.09, Supplemental Standards and Subsubsection 0 Accessory Use Standards for development regulations.
(Section 165.05 – Ord. 839 – Oct. 21 Supp.)