District SFR is a low density single-family residential dwelling district and is subject to the city's most restrictive regulations in order to prevent the encroachment of incompatible uses. No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, converted, enlarged, or structurally altered within District SFR except in accordance with the provisions of this Section.

(a)

Permitted uses.

Single-family dwellings;

Accessory residential uses;

Governmental facilities;

Home occupations;

Private recreational facilities owned and operated for or on behalf of a residential subdivision;

Public primary and secondary educational facilities;

Servants' or caretakers' quarters;

Construction offices relating to developments of permitted structures during such construction;

Sales offices and model homes related to single-family residential subdivision development;

Agricultural uses;

Public and private parks;

However, HUD Code manufactured homes, manufactured homes, and mobile homes are prohibited in District SFR.

(b)

Specific uses. The following uses are permitted with District SFR subject to the granting of a specific use permit as prescribed in article VIII of this ordinance;

Churches or other places of religious worship;

Private or public educational institutions, including:

Accredited elementary and secondary schools;

Kindergartens and nursery schools; and

Religious institutions.

(c)

Lot size requirements.

(1)

Minimum lot area:

(i)

One acre for lots served by neither public sewage treatment nor public water supply; or

(ii)

One-half acre for lots served by either public sewage treatment or public water supply.

(2)

Minimum lot width: As would be required by the subdivision ordinance, if the property were being subdivided, regardless whether the property actually is being subdivided.

(3)

Minimum lot depth: As would be required by the subdivision ordinance if the property were being subdivided, regardless whether the property actually is being subdivided.

(Ord. No. 2014-01, § 1, 1-27-2014)

(d)

Yard requirements.

(1)

Required front yard: 50 feet.

(2)

Required side yard: 25 feet for interior side lots. Side yards adjacent to side streets shall be not less than 50 feet, except that side yards adjacent to the turn-around portion of a cul-de-sac street shall be not less than 25 feet.

(3)

Required rear yard: 50 feet; provided, however, a rear yard of at least 100 feet shall be maintained where adjacent to a street.

(4)

Maximum lot coverage: Not more than 50 percent of the lot area, including the main building, accessory buildings, and other impervious surfaces, but not including swimming pools.

(e)

Maximum height. Two stories. Cooling towers, roof gables, chimneys, and vent stacks may extend to a height not to exceed 35 feet above the average level of the base of the foundation of the building. Height regulations prescribed herein shall not apply to satellite earth station antennas or any personal communication electronic facilities protected by the federal Telecommunications Act of 1996.

District MU is established to accommodate mixed uses through the strict enforcement of performance standards that will encourage quality development and redevelopment of small-scale mixed commercial and residential uses.

(a)

Permitted uses. In the MU district, no buildings or land shall be used and no building shall be erected or converted to any use other than the following; provided however, that any sales of goods or merchandise included in the following list shall be retail only, not wholesale:

(1)

Abstract or title company;

(2)

Accountant;

(3)

Advertising agency;

(4)

Agricultural uses;

(5)

Animal feed store;

(6)

Antique store;

(7)

Appraisers;

(8)

Architect;

(9)

Art gallery;

(10)

Arts and craft store;

(11)

Automatic laundry;

(12)

Automobile parking lots;

(13)

Automobile parts store;

(14)

Bakery, employing no more than five persons;

(15)

Bank;

(16)

Barber and beauty shop;

(17)

Bookkeeper;

(18)

Bookstore;

(19)

Cafeteria;

(20)

Candy store;

(21)

Catering;

(22)

Child care center;

(23)

Clinic for treatment of humans;

(24)

Clothes store;

(25)

Collection agency;

(26)

Commercial billboard or advertising signs not to exceed 32 square feet in area per sign;

(27)

Computer store and repairs;

(28)

Convenience store;

(29)

Credit counselor;

(39)

Dance studio;

(31)

Delivery service;

(32)

Dental clinic;

(33)

Department store;

(34)

Doctor;

(35)

Drafting service;

(36)

Drug store;

(37)

Engineer;

(38)

Filling station or service station, but without a wrecker service;

(39)

Financial consultant;

(40)

Flea market, maximum one acre including parking;

(41)

Florist shop;

(42)

Furniture store;

(43)

Gift shop;

(44)

Gun shop;

(45)

Grocery store;

(46)

Hardware store;

(47)

Home appliance store;

(48)

Ice retail distributing, but not manufacturing;

(49)

Insurance agency;

(50)

Jewelry store;

(51)

Laundry storefront, dry cleaning storefront, or laundry plant, but not dry cleaning plant;

(52)

Lawyer;

(53)

Locksmith;

(54)

Medical supply store;

(55)

Mortgage company;

(56)

Motels, hotels, and tourists courts;

(57)

Moving picture (motion picture) theater, but not drive-in theater;

(58)

Musical instrument store;

(59)

Notary public;

(60)

Office supply and machinery store and repairs;

(61)

Optician or optometrist;

(62)

Pawnshops that have been duly licensed to transact business by the consumer credit commissioner under the Texas Pawnshop Act ([Vernon's Ann. Civ. St. art.] 5069-51.01 et seq. [now V.T.C.A., Finance Code § 371.001 et seq.]);

(63)

Plant nursery;

(64)

Radio repair and sales;

(65)

Radio studio (excluding tower);

(66)

Real estate agent;

(67)

Record and tape store;

(68)

Restaurants and taverns;

(69)

Shoe store and repair shop;

(70)

Sporting goods store;

(71)

Stockbroker;

(72)

Studio (art, music or photo);

(73)

Taxidermist;

(74)

Tailor;

(75)

Toy store;

(76)

Travel agency;

(77)

Video arcade;

(78)

Washateria;

(79)

Any use permitted in District SFR;

(80)

Public and private parks.

No store or use shall be open for business at any time between midnight and 5:00 a.m. on any day of the week, except any store or use may apply for a specific use permit to be open for business at any time on any day of the week, if the store or use complies with all of the following conditions:

1.

The store or use is located and has property frontage on a super arterial or major arterial, as designated on the adopted City of Iowa Colony major thoroughfare plan;

2.

The store or use is located within 600 feet of the right-of-way line of a super arterial, as designated on the adopted City of Iowa Colony major thoroughfare plan;

3.

The store or use is located within the high-density mixed-use (HDMU) area, as designated on the City of Iowa Colony comprehensive plan;

4.

The store or use is generally associated with an urgency of need to operate between midnight and 5:00 a.m.;

5.

The store or use will not create a disturbance of the general area around the location of the store or use;

6.

The store or use is not located on property that shares a boundary line or is adjacent to single-family residential use either as an existing single-family use or as a proposed single-family use, as indicated by either an adopted plan of development or by an adopted general plan indicating future land uses; and

7.

The store or use is not one of the following uses:

a.

A game room or video arcade;

b.

A tattoo parlor;

c.

A sexually oriented business;

d.

A bar, tavern, restaurant or other place of business serving alcoholic beverages for consumption on site;

e.

A gun shop;

f.

A motel, hotel, or tourist court with room rentals for less than daily use;

g.

A pawnshop; or

h.

A freestanding, not mixed-use, restaurant, with either sit-down dining and/or drive-thru fast food pick-up.

The city council shall have discretion to grant or deny any specific use permit under this ordinance.

(b)

Specific uses and permits. Any other commercial or nonresidential use may be allowed, but only if the city council exercises its discretion to grant a specific use permit. However, regardless of any other provision, no specific use permit shall be available for the following uses, and such uses are hereby prohibited in MU districts: any use that is noxious or offensive by reason of emission of odors, soot, dust, gas, fumes, vibrations, electrical or magnetic emissions, noise, or other emissions onto the land of another person.

(c)

Regardless of subsections (a) and (b), HUD Code manufactured homes, manufactured homes, and mobile homes are prohibited in MU districts, regardless whether used as a home or otherwise.

(d)

Reserved.

(e)

Area regulations, residential.

(1)

Single-family dwellings: Same as District SFR regulations.

(f)

Area regulations, nonresidential.

(1)

Lot size requirements.

a.

Minimum lot area: 8,000 square feet;

b.

Minimum lot width: 80 feet;

c.

Minimum lot depth: 100 feet.

(g)

Yard requirements.

(1)

Required front yard: 25 feet.

a.

Required side yard: Ten feet for side yards; provided, however, a side yard adjacent to a side street shall have a yard of not less than 20 feet;

b.

Required rear yard: 20 feet; provided, however, a rear yard adjacent to a street shall have a yard of not less than 30 feet.

(h)

Maximum lot coverage. As required to implement the applicable yard requirements and any other requirements of this ordinance or other applicable law.

(i)

Maximum height. Two stories, except that cooling towers, roof gables, chimneys, vent stacks and other projections from the roof may extend to a height not to exceed 35 feet above the average level of the base of the foundation of the building. Height regulations prescribed herein shall not apply to satellite earth station antennas or any communication electronic facilities protected by the federal Telecommunications Act of 1996.

(j)

Floor area maximum. 60 percent of site area.

(Ord. No. 2021-12, § 3, 3-15-2021; Ord. No. 2021-13, § 4, 4-19-2021)

District Manufactured Housing is created to provide a place in the city for various types for housing.

(a)

Permitted uses.

HUD Code manufactured homes;

Industrialized homes;

Manufactured homes;

Mobile homes;

Modular homes;

Public and private parks.

(b)

Area regulations.

(1)

Lot size requirements:

a.

In a manufactured home park: same as in the manufactured home park ordinance, Ordinance No. 98-5.

b.

Not in a manufactured home park: same as in District MU.

(2)

Yard requirements:

a.

In a manufactured home park: same as in the manufactured home park ordinance, Ordinance No. 98-5.

b.

Not in a manufactured home park: same as in District MU.

(3)

Maximum lot coverage. As required to comply with applicable yard requirements of this ordinance.

(4)

Height regulations, two stories. Cooling towers, roof gables, chimneys, and vent stacks may extend to a height not to exceed 35 feet above the average level of the base of the frame, chassis, or foundation of the structure. Height regulations prescribed herein shall not apply to satellite earth station antennas or any personal communication electronic facilities protected by the federal Telecommunications Act of 1996.

District BR is established to accommodate business and retail uses through the strict enforcement of performance standards that will encourage quality development and redevelopment of commercial properties.

(a)

Permitted uses. In the BR district, no buildings or land shall be used and no building shall be erected or converted to any use other than the following; provided, however, that any sales of goods or merchandise included in the following list shall be retail only, not wholesale:

(1)

Abstract or title company;

(2)

Accountant;

(3)

Advertising agency;

(4)

Agricultural uses;

(5)

Animal feed store;

(6)

Antique store;

(7)

Appraisers;

(8)

Architect;

(9)

Art gallery;

(10)

Arts and craft store;

(11)

Automatic laundry;

(12)

Automobile parking lots;

(13)

Automobile parts store;

(14)

Bakery, employing no more than five persons;

(15)

Bank;

(16)

Barber and beauty shop;

(17)

Bookkeeper;

(18)

Bookstore;

(19)

Cafeteria;

(20)

Candy store;

(21)

Catering;

(22)

Child care center;

(23)

Clinic for treatment of humans;

(24)

Clothes store;

(25)

Collection agency;

(26)

Commercial billboard or advertising signs not to exceed 32 square feet in area per sign;

(27)

Computer store and repairs;

(28)

Convenience store;

(29)

Credit counselor;

(30)

Dance studio;

(31)

Delivery service;

(32)

Dental clinic;

(33)

Department store;

(34)

Doctor;

(35)

Drafting service;

(36)

Drug store;

(37)

Engineer;

(38)

Filling station or service station, but without a wrecker service;

(39)

Financial consultant;

(40)

Flea market, maximum one acre including parking;

(41)

Florist shop;

(42)

Furniture store;

(43)

Gift shop;

(44)

Gun shop;

(45)

Grocery store;

(46)

Hardware store;

(47)

Home appliance store;

(48)

Ice retail distributing, but not manufacturing;

(49)

Insurance agency;

(50)

Jewelry store;

(51)

Laundry storefront, dry cleaning storefront, or laundry plant, but not dry cleaning plant;

(52)

Lawyer;

(53)

Locksmith;

(54)

Medical supply store;

(55)

Mortgage company;

(56)

Motels and tourists courts;

(57)

Motion picture theater, but not drive-in theater;

(58)

Musical instrument store;

(59)

Notary public;

(60)

Office supply and machinery store and repairs;

(61)

Optician or optometrist;

(62)

Pawnshops that have been duly licensed to transact business by the consumer credit commissioner under the Texas Pawnshop Act (Vernon's Ann. Civ. St. art. 5069-51.01 et seq. [now V.T.C.A., Finance Code § 371.001 et seq.]);

(63)

Plant nursery;

(64)

Radio repair and sales;

(65)

Radio studio (excluding tower);

(66)

Real estate agent;

(67)

Record and tape store;

(68)

Restaurants and taverns;

(69)

Shoe store and repair shop;

(70)

Sporting goods store;

(71)

Stockbroker;

(72)

Studio (art, music or photo);

(73)

Taxidermist;

(74)

Tailor;

(75)

Toy store;

(76)

Travel agency;

(77)

Video arcade; and

(78)

Washateria.

No store or use shall be open for business at any time between midnight and 5:00 a.m. on any day of the week, except any store or use may apply for a specific use permit to be open for business at any time on any day of the week, if the store or use complies with all of the following conditions:

1.

The store or use is located and has property frontage on a super arterial or major arterial, as designated on the adopted City of Iowa Colony major thoroughfare plan;

2.

The store or use is located within 600 feet of the right-of-way line of a super arterial, as designated on the adopted City of Iowa Colony major thoroughfare plan;

3.

The store or use is located within the High-Density Mixed-Use (HDMU) area, as designated on the City of Iowa Colony comprehensive plan;

4.

The store or use is generally associated with an urgency of need to operate between midnight and 5:00 a.m.;

5.

The store or use will not create a disturbance of the general area around the location of the store or use;

6.

The store or use is not located on property that shares a boundary line or is adjacent to single-family residential use either as an existing single-family use or as a proposed single-family use, as indicated by either an adopted plan of development or by an adopted general plan indicating future land uses; and

7.

The store or use is not one of the following uses:

a.

A game room or video arcade;

b.

A tattoo parlor;

c.

A sexually oriented business;

d.

A bar, tavern, restaurant or other place of business serving alcoholic beverages for consumption on site;

e.

A gun shop;

f.

A motel, hotel, or tourist court with room rentals for less than daily use;

g.

A pawn shop; or

h.

A freestanding, not mixed-use, restaurant, with either sit-down dining and/or drive-thru fast food pick-up.

The city council shall have discretion to grant or deny any specific use permit under this ordinance.

(b)

Specific uses and permits. Any other commercial, nonresidential, or public or private park use may be allowed, but only if the city council exercises its discretion to grant a specific use permit. However, regardless of any other provision, no specific use permit shall be available for the following uses, and such uses are hereby prohibited in the BR district: any use that is noxious or offensive by reason of emission of odors, soot, dust, gas, fumes, vibrations, electrical or magnetic emissions, noise, or other emissions onto the land of another person.

(c)

Reserved.

(d)

Area regulations, nonresidential. Lot size requirements:

(1)

Minimum lot area: 8,000 square feet;

(2)

Minimum lot width: 80 feet; and

(3)

Minimum lot depth: 100 feet.

(e)

Yard requirements.

(1)

Required front yard: 25 feet;

(2)

Required side yard: Ten feet for side yards; provided, however, a side yard adjacent to a side street shall have a yard of not less than 20 feet; and

(3)

Required rear yard: 20 feet; provided, however, a rear yard adjacent to a street shall have a yard of not less than 30 feet.

(f)

Maximum lot coverage. As required to implement the applicable yard requirements and any other requirements of this ordinance or other applicable law.

(g)

Maximum height. No building located in the BR district, including anything attached thereto, except a parapet not to exceed four feet in height, nor anything constructed for use therewith nor any other structure or device of any sort, shall exceed the following height:

(1)

42 feet above natural grade within 200 feet of the nearest point of any residential lot;

(2)

56 feet above natural grade at distances greater than 200 feet but less than 300 feet from the nearest point of any residential lot; and

(3)

70 feet above natural grade at distances greater than 300 feet from the nearest point of any residential lot.

(h)

[Height regulation exemptions.] Height regulations prescribed herein shall not apply to satellite earth station antennas or any communication electronic facilities protected by the federal Telecommunications Act of 1996.

(Ord. No. 2021-12, § 3, 3-15-2021; Ord. No. 2021-13, § 5, 4-19-2021)

(a)

Purpose and objectives. The purpose and intent of the planned unit development is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the city consistent with this ordinance and accepted urban planning with overall mixed-use regulations as set forth below and in accordance with the city's comprehensive plan. The PUD rules are designed:

(i)

To allow development which is harmonious with nearby areas;

(ii)

To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural, or historic significance;

(iii)

To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs;

(iv)

To encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties end neighborhoods;

(v)

To facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment;

(vi)

To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and

(vii)

To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned developments.

Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the city's comprehensive plan and this ordinance, and to that end, the PUD plan must be prepared and approved in accordance with the provisions of this ordinance.

(b)

Mixed-use development. The PUD shall include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly, and healthy development and expansion of the city. In order to promote such development, the PUD may be comprised of a combination of all of the other zoning districts provided for in this ordinance.

(c)

Flexible planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under property circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and street lights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single-use district, etc. Final approval of a PUD by the city council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.

(d)

Rules applicable. The city council, after public hearing and proper notice to all parties affected and after recommendation from the commission, may attach a planned unit development designation to any tract of land equal to or greater than 20 acres for any planned unit development composed of only non-single-family uses and equal to or greater than 50 acres for any planned unit development with any single-family lots. Under the planned unit development designation, the following rules apply:

(i)

The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the city council, and no such approval will be inferred or implied.

(ii)

Permitted uses are those listed under the applicable zoning district for the base zoning to be applied to the PUD (for example, the permitted uses in a PUD proposed to be developed as a retail, commercial and office development are the respective uses listed for the business and retail district). In addition, a planned unit development may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting would create a protective transition between a lesser and more restrictive district. In approving a planned unit development, additional uses may be permitted, and specific permitted uses may be prohibited from the base district.

(iii)

Standards required by the base zoning apply in a planned unit development, except that the following regulations and standards may be varied in the adoption of the planned unit development, provided that the plan is consistent with sound urban planning and good engineering practices:

(A)

Lot size along with front, side and rear setbacks; provided, however, that no modification will be allowed that would be inconsistent with the city's subdivision ordinance except as follows:

(1)

Single-family residential lot area.

(a)

The minimum lot area for a single-family residential lot with wastewater collection service shall be 6,600 square feet, except that;

(b)

The lot area for a single-family residential lot with wastewater collection service may be less than the minimum lot area provided by subsection [(d)(iii)(A)(1)](a) if the subdivision plat containing the reduced lot area meets all the following performance standards:

(i)

Compensating open space. A subdivision may contain a single-family residential lot of less than minimum lot area required by subsection (a) of section 74 of this ordinance, if compensating open space for lots less than 6,600 square feet in area is provided within the boundaries of the subdivision plat that includes single-family residential lots less than 6,600 square feet in area in accordance with the following schedule and in conformance with additional performance standards of this section as follows:

Single-family residential lots less than 3,500 square feet in lot area are not allowed.

The provided compensating open space must conform to all of the following minimum performance standards:

(1)

Compensating open space areas must be reasonably dry and flat with no more than 25 percent of the total required compensating open space to located within the 100-year floodplain and/or within a non-permanent wet location of a drainage detention area;

(2)

The minimum size of any area used for compensating open space shall be 1,000 square feet, with minimum dimensions of 20 feet with the aggregate total amount of open space being not less than one-fourth acre or 10,890 square feet for the subdivision containing single-family residential lots less than 6,600 square feet in lot area;

(3)

Any area used for compensating open space shall be restricted for the use of owners of property in and residents of the subdivision; shall be owned, managed and maintained under a binding agreement among the owners of the property in the subdivision in the form of a property management association (i.e., homeowners association) or municipal utility district maintained; and shall be accessible to all of the residents of the subdivision.

The following areas shall not be used for or considered compensating open space:

(1)

Areas designated or used as lots or building sites for dwelling units, utility or storage purposes, carports, or garages;

(2)

Driveways, private roadways, or streets;

(3)

Street medians of any width within public or private street right-of-way;

(4)

Detention ponds, drainageways, water areas including floodplains and floodways, or ravines, except that, up to a maximum of 25 percent of the required total compensating open space area may be designated for the portion of maintained detention ponds that do not contain permanent water areas.

(5)

Any land dedicated as a public or private park that is used to satisfy the parkland dedication requirement of section 3.2.1.3 of the Unified Development Code (UDC).

(ii)

Minimum required improvements within dedicated parkland:

(1)

Any private or public dedicated parkland area greater than one-fourth acre in size but less than one acre in size within the area containing single-family residential lots less than 6,600 square feet in area shall be improved with a minimum one bench capable of seating three people side by side, and one bicycle rack capable of securing a minimum of three bicycles;

(2)

Additionally, any private or public dedicated parkland area greater than one acre in size but less than five acres in size within the area containing single-family residential lots less than 6,600 square feet in lot area, shall be improved with the requirements in [this section] and a permanent covered shade structure, a minimum size of 625 square feet in area, at least one public water drinking fountain, plus one additional (for a minimum total of two) benches with each bench capable of seating three people side by side, plus one additional (for a minimum total of two) bicycle racks capable of securing a minimum of three bicycles in each rack; and a connected walking path also being connected to a street sidewalk or to the street curb if no street sidewalk is provided, a minimum with of five feet wide;

(3)

Additionally, any private or public dedicated parkland area greater than five acres but less than ten acres in size within the area containing single-family residential lots less than 6,600 square feet in lot area shall be improved with those improvements listed in [this section] plus one fully irrigated, regulation soccer practice field and one fully irrigated, regulation youth baseball practice field with backstop and detachable bases, or two fully irrigated, regulation soccer practice fields; plus an additional concrete on-site parking area with a minimum 20 car capacity and one additional (for a minimum total of three bicycle racks capable of securing a minimum of three bicycles each rack;

(4)

Additionally, any private or public dedicated parkland area greater than ten acres is size within the area containing single-family residential lots less than 6,600 square feet in lot area shall be required to provide the improvements listed in [this section] and shall be reviewed and approved by city council regarding additional required improvements;

(5)

When more than one acre of private or public dedicated parkland area is required in a single-family residential area with lots less than 6,600 square feet in lot area, section 3.2.1.4. [of the Unified Development Code] (money in lieu of land dedication for neighborhood parks) is not applicable as an option to parkland dedication.

(iii)

Any single-family residential area with single-family residential lots less than 6,600 square feet in lot area shall provide a property or homeowners association (HOA) to maintain the required compensating open space. Additionally, private deed restrictions that provide enforcement of design guidelines for sustainable, higher-quality development must be submitted to the city before final plat approval;

(iv)

Any area with single-family residential lots less than 5,000 square feet in lot area shall provide a property owners association to maintain the front yard between the face of the front of the house structure and the front property line of each lot for the area containing single-family residential lots less than 5,000 square feet in lot area;

(v)

Any single-family residential area with single-family residential lots less than 6,600 square feet in lot area shall include primary structures constructed of brick or masonry veneer exterior walls for 100 percent of the exterior wall surface (exclusive of windows and doors) for one story structures and a minimum of 60 percent of the exterior wall surface (exclusive of windows and doors) for two-story structures with the remaining maximum 40 percent being cementitious fiber board (also known as fiber cement board) material, or equal, for two-story structures. Secondary and accessory structures shall be cementitious fiber board or equal;

(vi)

A PUD having any single-family residential lots less than 6,600 square feet in lot area shall have at least 40 percent of the total PUD area with single-family lots equal to or greater than 6,600 square feet in lot area. The remaining 60 percent of the total PUD area may contain lots less than 6,600 square feet in lot area. However, no more than one-half of the PUD area with single-family residential lots less than 6,600 square feet in area shall contain single-family residential lots with less than 5,000 square feet in lot area;

(vii)

Any area with single-family residential lots less than 6,600 square feet in lot area shall have the primary residential structure constructed with the following minimum and maximum building floor area: Single-family lots, within a single-family residential lot area with lots less than 6,600 square feet in lot area, with a lot area between 5,000 square feet and 6,600 square feet require a minimum building floor area of 2,400 square feet (not including the attached garage area) and a maximum first floor building coverage of 50 percent of the single-family residential lot area; single-family residential lots, within a single-family residential lot area with lots less than 6,600 square feet in lot area, between 4,000 square feet and 5,000 square feet require a minimum building floor area of 2,500 square feet (not including the attached garage area) and a maximum first floor building coverage of 50 percent of the single-family residential lot area; single-family residential lots, within a single-family residential lot area with lots less than 6,600 square feet in lot area, with a lot area between 3,500 square feet and 4,000 square feet require a minimum building floor are of 2,500 square feet and a maximum first floor building coverage of 45 percent;

(viii)

Any single-family residential lot, within a single-family residential lot area with lots less than 6,600 square feet in lot area, with less than 6,600 square feet in lot area with rear loaded garages (alley on the rear of the lot with garage access to the alley) may be allowed with an additional 15 percent of first floor building coverage.

(2)

Building setbacks.

(a)

Rear building setback.

(i)

Any single-family residential lot, within a single-family residential lot area with less than 6,600 square feet in lot area, with a lot area less than 6,600 square feet in lot area but at least 3,500 square feet in lot area shall have a minimum 20 feet building setback from the rear lot line unless the lot has rear alley access which shall require a minimum of 24 feet between the face of the garage door and the opposing alley paving edge line or any other fence or structure and a minimum of three feet rear building line for any other structure. If the driveway connection between the rear-loaded garage and the alley is to provide required on-site parking, the minimum rear building setback line for the garage is 20 feet.

(b)

Side building setback.

(i)

Any single-family residential lot, within a single-family residential lot area having lots less than 6,600 square feet in lot area, with a lot area less than 6,600 square feet in lot area shall have a minimum six feet between structures on adjacent lots. This six feet can be any combination that adds up to six feet from zero feet on one side and a minimum six feet side building setback between the adjacent structure and three feet side building setback from any side lot line and an additional minimum three feet side building setback between the adjacent structure on an adjacent lot (for a total minimum of six feet between two houses).

(c)

Front building setback.

(i)

The minimum front building setback from either a public or private street right-of-way for any single-family residential lot, within a single-family residential lot area with lots less than 6,600 square feet in lot area, with a lot area less than 6,600 square feet with driveway access to the front public or private street, shall be 20 feet.

(ii)

The minimum front building setback from either a public or private street right-of-way for any single-family residential lot, within a single-family residential lot area with lots less than 6,600 square feet in lot area, with a lot area less than 6,600 square feet with driveway and garage access to a rear public or private alley, shall be ten. On-street parking for more than ten minutes along the front public or private street shall be prohibited except delivery vehicles for drop-off or pick-up. Additionally, the public or private street width shall be a minimum of 24 feet back-of-curb to back-of-curb. A minimum of one off-street/off-alley parking space per lot must be provided from the alley at the rear of the lot for on-site guest parking.

(iii)

Single-family lots within a single-family lot area with lots less than 6,600 square feet in lot area will be allowed to have one-story covered porches encroach into the front building setback line, a maximum of ten feet for lots with front public or private street driveway access but in any case, the minimum front building setback line will be ten feet.

(3)

Lot width.

(a)

The minimum lot width.

(i)

The minimum lot width for single-family residential lots greater than 6,600 square feet in lot area, within a single-family residential lot area with lots less than 6,600 square feet in lot area, shall be 60 feet.

(ii)

The minimum lot width for single-family residential lots less than 6,600 square feet in lot area shall be 3,500 square feet, within a single-family residential lot area with lots less than 6,600 square feet in lot area, shall be 35 feet or a minimum lot width, in feet, of one percent of the lot area, in square feet, whichever is less, up to a maximum required minimum lot width of 60 feet.

(iii)

The minimum lot width shall be measured at all locations within the lot between the front building setback and the rear building setback with the location of the least lot width dimension being the minimum lot width.

(B)

Maximum height. Any single-family residential lot, regardless of lot area shall not have any structures on the lot greater than two stories or a maximum height of 35 feet unless approved by the City of Iowa Colony Fire Marshal.

(C)

Maximum lot coverage. Any single-family residential lot, within a single-family residential lot area with lots less than 6,600 square feet in lot area, less than 6,600 square feet in lot area shall provide a minimum of 300 square feet in permeable land surface on each lot below 6,600 square feet in lot area.

(D)

Floor area ratio.

(E)

Off-street parking requirements.

(F)

Special district requirements pertaining to the base zoning.

(G)

Number of dwelling units per acre. Any single-family residential development area containing lots less than 6,600 square feet in lot area shall have a maximum gross density no greater than five lots per acre. Single-family residential shall mean the use of a lot with one building designed for and containing not more than two separate units with facilities for living, sleeping, cooking and eating herein. A lot upon which is located a free-standing building containing one dwelling unit and a detached secondary dwelling unit of not more than 900 square feet also shall be considered single-family residential.

(H)

Accessory building regulations.

(I)

Spacing between developments.

(1)

The perimeter boundary of a single-family residential development having single-family residential lots less than 6,600 square feet in area shall be located no closer than 1,320 feet to the perimeter boundary of another single-family residential development having single-family residential lots less than 6,600 square feet in area. No single PUD area may contain more than 500 single-family residential lots with a lot area less than 6,600 square feet in lot area.

(2)

A single-family residential development having single-family lots less than 6,600 square feet in area shall be located to provide a minimum of two separate points of street access on a major thoroughfare or major collector as indicated by the latest adopted City of Iowa Colony major thoroughfare plan and shall not take primary access for any adjacent single family residential development having lots greater than 6,600 square feet in lot area. The minimum two separate points of street access shall have intersections with the adjacent major thoroughfare or major collector that are spaced a minimum of 250 feet apart.

(I)[(J)]

Sign standards.

(iv)

In approving a planned unit development, the proposed PUD must comply with the requirements for a PUD as set forth in the city's subdivision ordinance and no standards may be modified unless such modification is expressly permitted by this ordinance, and in no case may standards be modified when such modifications are prohibited by this ordinance.

(v)

In approving a planned unit development, the city council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space, and screening.

(vi)

This commission and city council, in approving modifications to standards and regulations, shall be guided by the purposes intended by the base zoning and general intent of this ordinance.

(e)

Preliminary site plan. A preliminary site plan of the entire property within the planned unit development will be considered by the commission prior to any recommendation to, or consideration by, the city council of the planned unit development ordinance.

(i)

A preliminary site plan may be approved for a portion of a planned unit development where the PUD is divided by a major thoroughfare, and the preliminary site plan includes all the property located on one side of the street.

(ii)

Approval of a preliminary site plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, building locations and height, lot coverage, yards and open spaces, landscaping, screening walls or fences, topography, and other development and protective requirements, considered necessary to create a reasonable transition to, and protection of, the adjacent property.

(iii)

The commission and/or city council may approve, conditionally approve, require modifications, or deny approval of the preliminary site plan based on evaluation of details with respect to:

(A)

The plan's compliance with all provisions of this ordinance and other ordinances of the city.

(B)

The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

(C)

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts.

(D)

The provision of a safe and efficient vehicular and pedestrian circulation system.

(E)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(F)

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

(G)

The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city.

(H)

The use of landscaping and screening:

(1)

To provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and

(2)

To complement the design and location of buildings and be integrated into the overall site design.

(I)

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

(J)

The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

(f)

Final site plan. Following approval of the preliminary site plan, or simultaneously if detailed information is available, a final site plan for any portion of the planned unit development may be approved. The preliminary site plan establishes the general development standards according to a base district. The final site plan providing all the detail required for development, subdivision, zoning and enforcement of the special conditions and regulations must be approved by ordinance prior to the zoning being in effect and construction being authorized.

(g)

[Consideration of] amendments. Consideration of amendments to a planned unit development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions which are substantive shall require public hearings in the manner required for any other zoning change.

(h)

Expiration. If development equal to at least 25 percent of the cost of installing streets, utilities and drainage in the PUD, or, if the PUD is approved to be developed in sections or phases, if development equal to at least 50 percent of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a planned unit development tract or lot within two years after the date of approval, such approval shall expire; and may only be renewed after application is made therefor, notice is given and public hearings are held by the commission and city council to evaluate the appropriateness of the previously authorize planned development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning.

(i)

Ordinance amendment. Every planned unit development approved under the provisions of this ordinance is considered an amendment of this ordinance as to the property involved. All planned unit developments will be referenced on the zoning district map, and a list of such planned unit developments shall be maintained as an appendix to this ordinance.

(j)

Certificate of occupancy. All planned unit developments conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a planned unit development, or, if applicable, the separate section or phase being developed.

(l)[(k)]

Minimum age developments. Portions of total developments with single-family residential lots may be age-restricted if the following requirements are incorporated:

(1)

All of section 74(d); section 74(d)(iii)(A), (B), (C), (G), and (I).

(Ord. No. 2019-14, 4-30-2019)