Grimes City Zoning Code

The R-4 Planned Residential Development 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 chapters 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 ordinances of the City concerning adequate light and air, recreation, open space and building coverage be preserved.

1. 1.
   Submission of Petition and Preliminary Plan. The owner or owners of any tract of land comprising an area of not less than five (5) acres may petition the Council for a change to R-4 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 storm and surface water drainage, water mains and sanitary sewers for the proposed development, and evidence that the developer is capable of successfully completing the proposed development. A preliminary plan of the proposed development shall be submitted in triplicate, showing in schematic form the proposed location of all of the following:

   1. A.
      Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
   2. B.
      Parking areas;
   3. C.
      Access drives;
   4. D.
      Streets abutting or within the proposed development;
   5. E.
      Walks;
   6. F.
      Site topographic features;
   7. G.
      Landscaping and planting areas;
   8. H.
      Required peripheral yards;
   9. I.
      Common land, recreation areas and parks;
   10. J.
       Existing utility or other easements; and
   11. K.
       Development stages and timing.
2. 2.
   Referral to Commission. The petition and all attachments shall be referred to the Planning and Zoning Commission for study and report after public hearing. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Land Use Plan and with recognized principles of engineering design, land use planning and landscape architecture. After public hearing, 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 general welfare.
3. 3.
   Referral to Council. The petition and preliminary plan along with the Commission’s recommendations on the request for rezoning shall then be referred to the 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.
4. 4.
   Submission of Final Development Plan. If the Council approves the preliminary plan and request for rezoning, the applicant shall submit within two hundred seventy (270) days, or such longer period as may be approved by the Council, after recommendation by the Commission a final development plan, in triplicate, of not less than one stage of the proposed development showing in detail the proposed location of all of the following:

   1. A.
      Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
   2. B.
      Parking areas;
   3. C.
      Access drives;
   4. D.
      Streets abutting or within the proposed development;
   5. E.
      Walks;
   6. F.
      Walls and fences;
   7. G.
      Landscaping and plant material;
   8. H.
      Required peripheral yards;
   9. I.
      Common land, recreation areas and parks;
   10. J.
       Existing and proposed utilities and public easements;
   11. K.
       Signs and their area and dimensions;
   12. L.
       Storm and sanitary sewer lines;
   13. M.
       Water mains; and
   14. N.
       Development stages and timing.
5. 5.
   Accompanying Documents. The final development plan shall be accompanied by the following required documents:

   1. 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 bylaws of a homeowner’s association fully defining the functions, responsibilities and operating procedures of the association. The proposed bylaws shall include, but not be limited to, the following provisions:

      1. 1.
         automatically extending membership in the association to all owners of dwelling units within the development;
      2. 2.
         limiting the uses of common property to those permitted by the final development plan;
      3. 3.
         granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property;
      4. 4.
         placing the responsibility for operation and maintenance of the common property in the association;
      5. 5.
         giving every owner of a dwelling unit voting rights in the association; and
      6. 6.
         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 use of the common land.
   2. B.
      Performance bond or bonds, in accordance with the requirements of TITLE 13 of this Code of Ordinances, 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.
   3. 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.
   4. D.
      Any additional easements and/or agreements required by the Council at the time of preliminary plan approval.
   5. 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 TITLE 13. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the Polk County Auditor and Recorder.
6. 6.
   Review of Final Development Plan. 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 Council.
7. 7.
   Standards. 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 of TITLE 13 of this Code of Ordinances.

   1. A.
      Buildings shall only be used for residential purposes, occupant garages, occupant storage space and similar accessory uses, noncommercial recreational facilities and community activities, including churches and schools.
   2. B.
      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 open space or screenings to 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 (125) feet of the development boundary.
   3. C.
      All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.
   4. D.
      “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.
   5. E.
      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 homeowner’s association. The dedication of land to the City shall be subject to the approval of the Council.
   6. F.
      The requirements of Sections 12-15-4 and 12-15-5, relating to off-street parking and loading, shall apply to all R-4 developments.
   7. G.
      Each stage of the final development plan shall comply with the density requirements of this title for the zoning district in which it is located.
   8. H.
      No stage of a final development plan shall contain less than three (3) acres.
8. 8.
   Density Requirements. The maximum number of dwelling units permitted in an R-4 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. The maximum number of multiple-dwelling units permitted in the R-4 development shall be determined by the zoning district in which the development is located as follows:

If the development area contains two (2) 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.

9. 9.
   Completion. 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 Section 12-16-1, 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. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. 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.
10. 10.
    Completion of Stages. 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 (50%) of all construction and improvements have been completed in any prior stage of such plan.

Effective on: 1/1/1901