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Johnston City Zoning Code

CHAPTER 177

ACCESSORY USE SPECIFIC STANDARDS

177.01 ACCESSORY DWELLING UNIT (ADU)

  • 1.
    Only one (1) ADU may be created per property.
  • 2.
    There shall be no more than two (2) occupants per bedroom.
  • 3.
    The property owner shall comply with CHAPTER 153 RESIDENTIAL RENTAL CODE.
  • 4.
    An ADU shall be between 300 and 900 square feet in size.
  • 5.
    Off-street parking spaces must be available for use by the owner-occupant(s) and tenant(s) with at least two (2) spaces available for the principal residence and two (2) spaces available for the accessory dwelling unit. All parking spaces shall be located within a structure or on a paved dustless surface.
  • 6.
    An ADU in a detached accessory structure must also meet the following requirements:
    1. A.
      The square footage of the detached ADU shall be counted toward to the total allowable detached accessory structure area on a lot as listed in Table 177.1 of Section 177.03 ACCESSORY STRUCTURE.
    2. B.
      The accessory structure containing the ADU shall follow the setback standards for an accessory structure as identified in Section 177.03. An existing accessory structure may not be converted into an accessory dwelling unit if required setbacks are not met.
    3. C.
      The accessory structure containing the ADU shall be located at least five (5) feet from any other structure.
    4. D.
      The accessory structure containing the ADU must meet zoning district height restrictions for an accessory structure, unless a special exception is granted.
    5. E.
      A deed restriction shall be created and recorded with Polk County restricting the independent sale of an ADU and requiring adherence to size limitations and other requirements found in this Chapter.

    • Effective on: 5/1/2023

    177.02 ACCESSORY RETAIL

  • 1.
    The accessory retail use shall be related to the principal use.
  • 2.
    The accessory retail use shall be housed in the same building as the principal use.
  • 3.
    The accessory retail use shall not exceed 20 percent of the building’s gross floor area.

    • Effective on: 5/1/2023

    177.03 ACCESSORY STRUCTURE

    Accessory structures, whether attached or detached to the principal structure, shall be erected as provided for in the following paragraphs and according to the maximum structure size and minimum bulk requirements tables.

    1. 1.
      General Standards
      1. A.
        No accessory structure shall be constructed upon a lot until the construction of the principal structure has been commenced.
      2. B.
        No accessory structure shall be used if the principal structure has been unused for a period of six (6) months or longer.
      3. C.
        Accessory structures housing non-domestic animals or fowl shall not be attached to the principal structure.
      4. D.
        Structures which contain common amenities, including clubhouses, within a residential development or complex shall be considered principal structures.
    2. 2.
      Accessory Structure Building Materials
      1. A.
        Structures that are accessory to single-unit or two-unit dwellings shall be constructed of common residential exterior materials provided the color scheme of the accessory structure is consistent with the principal structure.
      2. B.
        Structures that are accessory to residential uses with three (3) or more units or non-residential uses shall be constructed with building materials meeting the architectural requirements listed in CHAPTER 185 ARCHITECTURAL STANDARDS.
    3. 3.
      Attached Accessory Structures
      1. A.
        An accessory structure shall be considered attached to the principal structure if it is integrally connected to the principal structure by a breezeway or similar structure.
      2. B.
        Attached accessory structures may not exceed the height of the principal structure.
      3. C.
        Attached accessory structures shall meet principal structure setback and dimensional requirements.
    4. 4.
      Detached Accessory Structures
      1. A.
        Bulk Standards
        1. 1.
          The size limits listed in this Subsection shall not apply to structures accessory to residential uses with three (3) or more units which are required to provide parking spaces listed in CHAPTER 180 Off-Street Parking, Loading, and Circulation, maintenance buildings, or structures containing common amenities. These structures shall meet the façade articulation requirements as specified in Section 185.04 ARCHITECTURAL DESIGN.
        2. 2.
          The cumulative area of all detached accessory structures on a lot shall not exceed the most restrictive of the following standards, unless a special exception is granted as provided for in Subsection 177.03.5.
          1. a.
            The cumulative area of all detached accessory structures shall not exceed 30 percent of the rear yard.
          2. b.
            The cumulative area of all detached accessory structures shall not exceed 10 percent of the total lot area.
          3. c.
            The cumulative area of all detached accessory structures shall not exceed the total area listed in Table 177.1.
    Table 177.1 Detached Accessory Structure Dimensions
    Lot SizeMaximum Total Area (sq. ft.)Maximum Sidewall Height (ft.)
    Less than 1 acre1,60012
    1 acre to less than 3 acres2,40014
    3 acres to less than 5 acres3,00014
    5 acres to less than 10 acres3,60016
    10 acres or more4,50016
    Table 177.1 Detached Accessory Structure Dimensions
    Lot SizeMaximum Total Area (sq. ft.)Maximum Sidewall Height (ft.)
    Less than 1 acre1,60012
    1 acre to less than 3 acres2,40014
    3 acres to less than 5 acres3,00014
    5 acres to less than 10 acres3,60016
    10 acres or more4,50016
    1.  
      1.  
        1. 3.
          In any non-residential zoning district, a maximum of one (1) detached accessory structure for the storage of goods or equipment is permitted. This structure may be no more than 360 square feet in area.
      2. B.
        Setbacks
        1. 1.
          Detached accessory structures shall be located no closer to the front property line than the front building line of the principal structure. In cases of a corner lot, this requirement shall apply to both lot lines abutting a public street.
        2. 2.
          Structures accessory to residential uses with three (3) or more units which are required to provide parking spaces listed in CHAPTER 180 Off-Street Parking, Loading, and Circulation shall be located a minimum of 15 feet from any property line.
        3. 3.
          The required side yard setback for detached accessory structures shall be as follows:
          1. a.
            Accessory structures less than 120 square feet shall have a minimum side yard setback of three (3) feet.
          2. b.
            Accessory structures exceeding 120 square feet shall have a minimum side yard setback equal to the principal structure side yard setback for the zoning districts in which they are located.
        4. 4.
          The required rear yard setback for detached accessory structures shall be as follows:
          1. a.
            Accessory structures less than 120 square feet shall have a minimum rear yard setback of three (3) feet.
          2. b.
            Accessory structures between 120 square feet and 440 square feet shall have a minimum rear yard setback equal to the principal structure side yard setback required for the zoning districts in which they are located.
          3. c.
            Accessory structures between 440 square feet and 720 square feet shall have a minimum rear yard setback equal to half the distance between the required side and rear yard setbacks for principal structures for the zoning districts in which they are located. For example, if the principal structure side yard setback is 8 feet and the principal structure rear yard setback is 35 feet then the accessory structure rear yard setback will be 21.5 feet.
          4. d.
            Accessory structures larger than 720 square feet shall meet the principal structure rear yard setback required for the zoning districts in which they are located.

    Setback StandardsSetback Standards

    1.  
      1.  
        1. 5.
          Accessory structures shall meet fire code requirements for building separation.
    1. 5.
      Special Exceptions
      1. A.
        The Board of Adjustment may grant a special exception to the provisions of this Section as listed below in accordance with CHAPTER 190 LAND USE PROCEDURES.
      2. B.
        The Board may not grant a special exception to the limitations set forth in Subsections 177.03.4.A.2.a and 177.03.4.A.2.b. Any variance to those limitations must be in conformance with Section 190.04.3.
      3. C.
        Accessory Structures Without a Principal Structure
        1. 1.
          In no circumstance may the Board of Adjustment grant a special exception to construct an accessory structure on a lot prior to commencing construction of the principal structure.
        2. 2.
          The Board of Adjustment may grant a special exception to allow an existing accessory structure to remain on a lot without a principal structure in the following circumstances:
          1. a.
            Where the principal structure has been destroyed by fire or means of natural disaster (such as a wind storm or tornado).
          2. b.
            Where the owner wishes to demolish a dilapidated principal structure. In such an instance, a special exception to allow the accessory structure without a principal structure must be granted prior to demolition of the principal structure.
        3. 3.
          Any special exception granted by the Board of Adjustment to allow an accessory structure on a lot without a principal structure must include the following conditions for approval:
          1. a.
            The accessory structure may only house equipment used to maintain the property on which it resides.
          2. b.
            All materials stored on premises must be kept within the accessory structure. No outdoor storage of equipment or materials is allowed. The accessory structure may not be used as rental storage or otherwise for any commercial activity.
          3. c.
            The structural and aesthetic integrity of the accessory structure must be maintained at all times. Dilapidated structures must be rehabilitated as a condition for approval.
          4. d.
            In choosing to grant a special exception as outlined above, the Board of Adjustment may choose to impose additional restrictions as deemed appropriate by the Board.
      4. D.
        Maximum Accessory Structure Area and Height
        1. 1.
          The Board of Adjustment may grant a special exception to allow:
          1. a.
            The total accessory structure square footage for a lot to exceed the amount established in Subsections 177.03.3 and 177.03.4 above.
          2. b.
            An accessory structure to exceed the maximum height established in Subsections 177.03.3 and 177.03.4 above.
        2. 2.
          Any special exception granted by the Board of Adjustment for the requests listed above shall include the following conditions for approval:
          1. a.
            The need for additional floor area and/or height of accessory structure is demonstrated to the Board of Adjustment’s satisfaction, and
          2. b.
            The additional floor area will not significantly affect the property value of the subject property or adjoining properties. The Board of Adjustment may request the applicant or opponents of the application submit an appraisal completed by a certified appraiser to demonstrate this condition has or has not been met, and
          3. c.
            The siting (such as setbacks) of the proposed accessory structure minimizes any adverse effect upon adjacent properties, and
          4. d.
            Greater architectural restrictions than contained in Subsection 177.03.2 above may be employed as needed to assure compatibility with neighboring residential structures.
      5. E.
        Minimum Setback for Structures Larger than 720 Square Feet

        The Board of Adjustment may grant a special exception to allow reduced setbacks for an accessory structure larger than 720 square feet, provided:

        1. 1.
          The need for the reduced setbacks for the accessory structure is demonstrated to the Board of Adjustment’s satisfaction, and
        2. 2.
          The reduced setbacks will not significantly affect the property value of the subject property or adjoining properties. The Board of Adjustment may request the applicant or opponents of the application submit an appraisal completed by a certified appraiser to demonstrate this condition has or has not been met, and
        3. 3.
          The siting (such as drainage, access, etc.) of the proposed accessory structure minimizes any adverse effect upon adjacent properties, and
        4. 4.
          Greater architectural restrictions than contained in Subsection 2 may be employed as needed to assure compatibility with neighboring residential structures.

    Effective on: 5/1/2023

    177.04 CAR WASH

  • 1.
    The accessory car wash use shall be limited to a maximum of one (1) automated tunnel or one (1) automated in-bay.
  • 2.
    Exterior washing shall only be permitted in the E-2, M-1, and M-2 zoning districts.
  • 3.
    Vacuums accessory to the car wash use are permitted.

    • Effective on: 5/1/2023

    177.05 CENTRAL UTILITY PLANT OR ELECTRICAL GENERATOR

    Any central utility plant or electrical generator shall meet the requirements below prior to obtaining any permit required:

    1. 1.
      Except in any M District, all generators and equipment shall be located a minimum of 200 feet from any R District. The City Council may waive this requirement if the generator is outfitted with a critical silence muffler or it can be demonstrated that noise levels at the R District boundary will not exceed 55 db.
    2. 2.
      All generators and equipment shall be completely screened from view from any adjoining property by a solid fence or wall.

    Effective on: 5/1/2023

    177.06 DECK

  • 1.
    All uncovered decks in a residential zoning district with a platform height of 30 inches or greater, as measured from the top of the platform to the general ground level of the graded lot, shall meet the following minimum setbacks:
    1. A.
      Minimum front yard setback shall be equal to the principal structure front yard setback in the applicable zoning district.
    2. B.
      Minimum side yard setback shall be equal to the principal structure side yard setback in the applicable zoning district.
    3. C.
      Minimum rear yard setback is 25 feet.
  • 2.
    All uncovered decks in a residential zoning district with a platform height of less than 30 inches, as measured from the top of the platform to the general ground level of the graded lot, shall meet the following minimum setbacks:
    1. A.
      Minimum front yard setback shall be equal to the principal structure front yard setback in the applicable zoning district.
    2. B.
      Minimum side and rear yard setback shall be one (1) foot from the property line.

    • Effective on: 5/1/2023

    177.07 DRIVE-THROUGH FACILITY

  • 1.
    Drive-through facilities shall be clearly identified using striping, landscaping, and/or signs.
  • 2.
    Drive-through facilities may not impede pedestrian movements, on- or off-site traffic movements, or movements in or out of off-street parking spaces.
  • 3.
    Curb-cut entrances for queuing driveways and exit driveways shall be consolidated with any other driveway entrances or exits on the site.
  • 4.
    Queuing Spaces Required
    1. A.
      Queuing spaces shall have be a minimum of 12 feet wide and 20 feet long.
    2. B.
      Drive-through facilities accessory to food and beverage uses shall provide a minimum of 12 queuing spaces per drive-through lane. Six (6) spaces shall be located before the ordering station and six (6) shall be located after the order station.
    3. C.
      Drive-through facilities accessory to all other uses shall provide a minimum of six (6) queuing spaces per drive-through lane.
  • 5.
    Any canopy as part of this use shall be compatible with the architectural design and materials of the principal structure and shall meet principal structure setbacks.
  • 6.
    Drive-through facilities shall be located to the side or rear of the principal building.
  • 7.
    Landscape screening, decorative fences, walls, or a combination of these elements shall be utilized to minimize the view of the drive-through facilities from any public street.
  • 8.
    If the drive-through facility is adjacent to a residential use:
    1. A.
      Drive-through facilities shall be fully screened from view of adjacent residential properties using a combination of fences and walls with landscaping.
    2. B.
      Systems for placing of orders shall be located and designed so that noise is not perceptible on adjacent residential properties.
  • 9.
    Message Boards
    1. A.
      Message boards shall be located internal to the site and oriented toward a drive-through or similar service area.
    2. B.
      Area
      1. 1.
        No more than 60 square feet of message board area shall be permitted for each drive-through lane or similar service area. The total area of a message board shall be the actual square footage of one message face.
      2. 2.
        Double faced message boards shall not be permitted.
    3. C.
      Setback Requirement
      1. 1.
        The minimum setback required for message boards shall be 20 feet.
      2. 2.
        All message boards shall have a side setback not less than the height of the message board.
    4. D.
      Internal message boards shall not be installed at a height greater than eight (8) feet.

    • Effective on: 5/1/2023

    177.08 HOME OCCUPATIONS

  • 1.
    The following activities shall be prohibited from being home occupations:
    1. A.
      Animal kennels
    2. B.
      Business that rents vehicles or equipment, such as trailers
    3. C.
      Handicraft and/or artisanal services which routinely produce objectionable light, glare, noise or vibration.
    4. D.
      Dispatch where persons come to a site and are dispatched to other locations
    5. E.
      Excavating
    6. F.
      Firearm training or instruction
    7. G.
      Funeral chapel
    8. H.
      Large volume sales, wholesaling, storage and warehousing
    9. I.
      Medical/dental office which require the disposal of biohazardous waste
    10. J.
      Repair or painting of motorized vehicles, trailers, boats, or lawn equipment
    11. K.
      Tow truck
    12. L.
      Welding or machine shop
  • 2.
    The following uses are not considered home occupations and therefore are not required to meet the standards of this Section:
    1. A.
      Child care home and child development home.
    2. B.
      Remote work
  • 3.
    Home occupations are permitted as long as the following standards are met. These limits shall apply regardless of the number of home occupations in operation.
    1. A.
      The home occupation shall be conducted entirely within the principal dwelling unit or within a permitted accessory building.
    2. B.
      If located within the principal dwelling unit, no more than 25 percent of the principal dwelling units finished floor area or 500 square feet, whichever is less, shall be devoted to the home occupation. If located within an accessory building, the home occupation shall take up no more than 500 square feet of floor area.
    3. C.
      The home occupation shall not change the character of the neighborhood in which it is located, including but not limited to:
      1. 1.
        There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit.
      2. 2.
        There shall be no outdoor storage of equipment or materials used in the home occupation.
      3. 3.
        There shall be no activity or equipment used that creates noise, vibration, glare, fumes, odor, or electric or television interference discernable at the property line.
      4. 4.
        No storage of flammable, explosive or toxic materials shall be permitted.
    4. D.
      Not more than one (1) commercial vehicle used in connection with any home occupation shall be parked outside.
    5. E.
      Except in cases where Subsection 177.08.3.F below applies, no more than five (5) vehicles may be parked outside on a property containing a home occupation at any one time. All parking generated by the home occupation must be accommodated on the property, and all parking shall be on a paved dustless surface pursuant to Section 180.07 Parking Lot Design.
    6. F.
      For properties that are greater than one (1) acre in size, no more than 10 vehicles may be parked outside on a property containing a home occupation at any one time. All parking generated by the home occupation must be accommodated on the property, and all parking shall be on a paved dustless surface pursuant to Section 180.07 Parking Lot Design. The following additional restrictions shall apply:
      1. 1.
        If more than five (5) vehicles will be parked on the property, screening shall be provided between the parking areas and any adjacent residential structures, to the extent possible.
      2. 2.
        Parking of more than five (5) vehicles shall only be allowed between the hours of 7:00 a.m. and 6:00 p.m.
      3. 3.
        Parking of more than five (5) vehicles shall only be allowed for home occupations which have a low volume of client/customer turnover throughout the day.
      4. 4.
        Parking of more than five (5) vehicles shall not occur more than eight (8) days in a 30 day period.
    7. G.
      Where required, a license from the state shall be maintained at all times and the home occupation shall operate in compliance with the terms of that license and all applicable regulations of the state.

    • Effective on: 5/1/2023

    177.09 KEEPING OF ANIMALS, DOMESTIC AND NON-DOMESTIC

  • 1.
    The following are exempt from the provisions of this Section, provided all State requirements are met:
    1. A.
      Animals inclusive of fowl maintained for educational purposes by schools, day care centers, vocational agricultural programs and for other public education programs;
    2. B.
      Animals inclusive of fowl maintained for display at a zoo, science center, circuses; and
    3. C.
      The bringing in of such animals and fowl on a temporary basis for exhibits or shows
  • 2.
    Maximum Number of Animals:
    1. A.
      Domestic: A maximum of four (4) adult dogs, cats, rabbits and potbellied pigs or animals or fowl of this nature in any combination is permitted. There is no limit to the number of smaller animals that may be kept in the dwelling unit. Small animals include, but are not limited to, housebirds, mice, rats, gerbils, hamsters, chinchillas, guinea pigs, fish, insects, and non-poisonous reptiles/amphibians.
    2. B.
      Non-Domestic: No more than two (2) non-domestic adult animals are allowed on any parcel greater than 20,000 square feet. Non-domestic animals are not permitted on lots less than 20,000 square feet in size.
    3. C.
      Juvenile Animals: The young or juveniles produced by any animal or fowl and maintained with the parent animals are not limited. However, they should be kept for a period of no more than 10 weeks, or for a longer period if appropriate for the specific species.
  • 3.
    Animal Enclosures
    1. A.
      Any enclosure that is considered a building which was constructed to house any animal shall meet accessory structure setbacks as established in Section 177.03 ACCESSORY STRUCTURE.
    2. B.
      No animal or fowl under this Section may be enclosed, maintained, or fenced in the front yard of a dwelling.
  • 4.
    The care of animals shall, at a minimum, meet the standards as specified in the Iowa Administrative Code 21-67 and the Animal Welfare Principles of the American Veterinary Medical Association, and include the following requirements:
    1. A.
      The area is maintained free of odors, insects and rodents, and disturbing noises such as crowing, cackling, and gobbling, causing no safety or health hazards to the general public.
    2. B.
      Animals and fowl fed in the confines of their outdoor enclosure shall have all grains and food stored in rodent proof containers.
    3. C.
      Disposal of animal waste shall conform to the current Polk County Local Board of Health rules and regulations.
  • 5.
    Special Exception
    1. A.
      The Board of Adjustment may consider a special exception to the provisions of this Section. The review process for the special exception request shall follow the procedure detailed in CHAPTER 190 LAND USE PROCEDURES, except that notice may be mailed only to adjacent property owners, unless in the opinion of the Zoning Administrator, a broader dissemination of notice is appropriate.
    2. B.
      The Board of Adjustment may consider the following conditions in the review and approval of a special exception, but is not limited to these considerations:
      1. 1.
        That the exception may have a sunset provision. The sunset may be based upon a change in property ownership or an occupancy change, after which a new application for the exception must be made or the number of animals maintained on the property must conform to this Section.
      2. 2.
        That the Board may establish a total number of animals, both adult and juvenile, that may be allowed under the exception.
      3. 3.
        That adequate setback exists for cages, hutches, coops, cotes, lofts or other confinement from a property line and a minimum of 25 feet from a neighboring dwelling unit.
      4. 4.
        That confinement structures, exercise areas and feeding areas are of sufficient size for the number of animals proposed to meet applicable standards, including those contained in the Iowa Administrative Code 21-67 and the Animal Welfare Principles of the American Veterinary Medical Association.
      5. 5.
        The Board may specify a maximum lot area and maximum structure area that may be used to house the special exception use.
      6. 6.
        The Board may require inspections be performed at specific intervals of time to assure compliance with special exception conditions.
      7. 7.
        That the proposed use would not adversely affect the health or safety of the neighboring properties or adversely affect their use of their property.
      8. 8.
        Applications for a special exception of an illegal, non-conforming use may take into consideration the duration of time that the use has existed, any complaints made against the animal use, and any features that may distinguish the property and make it suitable for that use, including the size of the property and the surrounding uses.
      9. 9.
        Failure to meet any of the requirements of this Section or any condition imposed by the Board of Adjustment in granting a special exception is a violation of this Chapter, and the property owner may be subject to revocation of the special exception by the Board of Adjustment after notification in writing to the property owner.

    • Effective on: 5/1/2023

    177.10 KEEPING OF BEES

  • 1.
    Number of Colonies
    1. A.
      No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot:
    • Lot SizeNumber of Colonies Allowed
    Less than 0.5 acre2
    Between 0.5 and 1 acre4
    Between 1 and 5 acres8
    Larger than 5 acresNo restriction
    Lot SizeNumber of Colonies Allowed
    Less than 0.5 acre2
    Between 0.5 and 1 acre4
    Between 1 and 5 acres8
    Larger than 5 acresNo restriction
    1.  
      1. B.
        Regardless of lot size, so long as all lots within a radius of at least 200 feet from any hive remain undeveloped, there shall be no limit to the number of colonies.
      2. C.
        For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one (1) nucleus colony in a hive structure not to exceed one (1) standard 9-5/8 inch depth 10-frame hive body with no supers.
      3. D.
        If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation of the portion of this ordinance limiting the number of colonies if he or she temporarily houses the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than 30 days from the date acquired.
    2. 2.
      Location
      1. A.
        No person shall establish or maintain any hive or keep any bees in the front yard of a property or within 10 feet of any property line, sidewalk, alley, or other public right-of-way as measured from the nearest point on the hive to the property line.
      2. B.
        Where a colony is kept less than 25 feet from a property line, the beekeeper shall establish and maintain a flyway barrier of at least five (5) feet in height. The flyway barrier may consist of a wall, fence, dense vegetation, or a combination thereof such that bees will fly over rather than through the materials to reach the colony. The flyway barrier shall be approved by the Zoning Administrator.
    3. 3.
      Honey bee colonies shall be kept in hives with removable frames.
    4. 4.
      Each beekeeper shall ensure that a convenient source of water is available within 10 feet of each of the colonies so long as colonies remain active outside of the hive.
    5. 5.
      Each apiary shall be visually screened from adjacent properties and public right-of-way. This may be achieved through a combination of buildings, fencing, or vegetation. Additional screening may be required at the discretion of the Zoning Administrator based on specific site characteristics.
    6. 6.
      Each beekeeper shall ensure that no wax comb or other materials that might encourage robbing by other bees are left upon the grounds of the apiary lot.
    7. 7.
      All beekeeping equipment shall be maintained in good condition. Unused equipment shall be secured from weather, potential theft or vandalism, and occupancy by swarms.
    8. 8.
      Per the recommendation of the State of Iowa Apiarist, the beekeeper shall incorporate best management practices in the beekeeping operation at all times, including but not limited to:
      1. A.
        Successful completion of a Beekeeping Educational Course for which dates and locations can be obtained from the Iowa Honey Producers Association website;
      2. B.
        Registering the location of their apiaries annually with Iowa Department of Agriculture and Land Stewardship’s Sensitive Crops Directory; and
      3. C.
        Practicing proper management and manipulation of colonies to remedy swarming and/or aggressive colonies.

    Effective on: 5/1/2023

    177.11 OUTDOOR DINING

  • 1.
    The outdoor dining area shall be contiguous to the food or beverage service principal use to which it is accessory.
  • 2.
    Outdoor dining areas shall be installed in conformance with an approved site plan.
  • 3.
    In a multi-tenant building, the outdoor dining area must not extend beyond the frontage of the use requesting outdoor dining, unless a written statement signed by the owners and tenants of any adjacent business fronting the street indicates approval of the placement of the outdoor dining area in front of their business.
  • 4.
    The outdoor dining area shall be clearly delineated.
  • 5.
    None of the minimum number of off-street parking stalls required for the principal use shall be occupied by the outdoor dining area.
  • 6.
    No additional parking shall be required for the outdoor dining area.
  • 7.
    When an outdoor dining area is located adjacent to a street, trail, or sidewalk, a clear, continuous pedestrian path, parallel to the curb and not less than five (5) feet in width, shall be required for pedestrian circulation outside of the outdoor dining area.
  • 8.
    The outdoor dining area shall not include nor be located within five (5) feet of bus stops, fire hydrants, or other facilities deemed necessary for public safety.
  • 9.
    All food and drink preparation shall be performed within the principal use. No preparation or storage of food or drink shall be permitted within the outdoor dining area.
  • 10.
    All equipment associated with the outdoor dining area that is stored outdoors when not in use shall be neatly stacked in an area approved by the City on a site plan.

    • Effective on: 5/1/2023

    177.12 OUTDOOR DISPLAY

  • 1.
    Outdoor display areas may not be located within required setback areas and are limited to the lesser of 150 square feet or a maximum of 40 percent of the width of a building frontage that contains a customer entrance or exit. There shall be no more than one (1) building frontage with an outdoor display area.
  • 2.
    Outdoor display areas are to be located on a paved surface immediately adjacent to and within the dimensions of the building frontage and shall not extend beyond the building edge.
  • 3.
    Outdoor display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Five (5) feet is the minimum width required to maintain pedestrian access.
  • 4.
    Outdoor display areas shall not exceed a height of five (5) feet, except that vending machines or cabinets for items such as beverages, ice, movies, and propane may exceed the height as long as there are no more than three (3) machines per frontage.
  • 5.
    Outdoor display areas shall be maintained in an orderly and attractive manner.
  • 6.
    Outdoor display areas shall be limited to products for sale and shall not serve as a storage area for inventory.

    • Effective on: 5/1/2023

    177.13 OUTDOOR STORAGE

  • 1.
    Outdoor storage shall be located at least 60 feet from any residential district.
  • 2.
    Outdoor storage shall not be located in the front yard setback area.
  • 3.
    Outdoor storage shall be allowed to cover a maximum percentage of each lot as follows:
    1. A.
      In the E-1 district, outdoor storage may cover no more than 10 percent of any lot.
    2. B.
      In the E-2 district, outdoor storage may cover no more than 20 percent of any lot.
    3. C.
      In the M-1 and M-2 districts, outdoor storage may cover no more than 30 percent of any lot.
  • 4.
    The outdoor storage use shall be surrounded by a solid fence. In the M-1 and M-2 districts, a chain link fence with slats may be used for screening purposes if used in conjunction with evergreen plantings.
  • 5.
    A landscape buffer area at least 20 feet wide shall be provided along any public right-of-way. The buffer shall contain plant materials as described for a 20-foot wide buffer in Section 182.04 BUFFER COMPOSITION.
  • 6.
    Outdoor storage shall not exceed the height of the fence used in Subsection 177.13.4 above except for the following items:
    1. A.
      Vehicles
    2. B.
      Construction equipment
    3. C.
      Unstacked shipping containers
    4. D.
      Agriculture equipment

    • Effective on: 5/1/2023

    177.14 RESIDENTIAL SWIMMING POOL

    Residential swimming pools, including those developed as a common amenity for a residential development or complex, shall:

    1. 1.
      Follow the regulations adopted by the City of Johnston in CHAPTER 148.
    2. 2.
      Be located in the rear yard or side yard.
      1. A.
        The pool itself shall be located at least three (3) feet from all lot lines.
      2. B.
        Pool decks, walkways, and associated pool equipment shall be set back at least one (1) foot from all lot lines.
    3. 3.
      Shall obtain a building permit and all required trade permits prior to construction if the pool is a permanent pool with a depth of 24” or greater.

    Effective on: 5/1/2023

    177.15 SHORT-TERM VACATION RENTAL (STVR)

    The property owner shall comply with CHAPTER 153 RESIDENTIAL RENTAL CODE.

    Effective on: 5/1/2023

    177.16 SMALL-SCALE SOLAR ENERGY GENERATION SYSTEM

  • 1.
    Height. Solar energy systems are subject to the following height requirements:
    1. A.
      Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For the purposes of height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices for the zoning district.
    2. B.
      Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.
  • 2.
    Setbacks
    1. A.
      Building- or roof-mounted solar energy systems. In addition to the building setback, the collector surface and mounting devices for building- or roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge. The collector and racking for roof-mounted systems that have a greater pitch than the roof surface shall be set back from all roof edges by at least two (2) feet. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
    2. B.
      Ground or pole-mounted solar energy systems must meet accessory structure setbacks for the appropriate zoning district.
  • 3.
    Visibility in residential districts
    1. A.
      Solar energy systems shall be designed to minimize visual impacts from the public right-of-way to the extent that doing so does not affect the cost or efficacy of the system.
    2. B.
      Roof-mounted systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley or if the system meets the following standards:
      1. 1.
        Roof-mounted systems on pitched roofs that are visible from the nearest edge of the street frontage right-of-way shall have the same finished pitch as the roof and be no more than 10 inches above the roof.
      2. 2.
        Roof-mounted systems on flat roofs that are visible from the nearest edge of the street frontage right-of-way shall not be more than five (5) feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
    3. C.
      Ground-mounted solar energy systems located less than 100 feet from any adjacent residential use, public right of way, or trail, must be designed to provide screening. The screening must be at least 10 feet in width and contain at least 12 shrubs for each 100 linear feet of frontage. An opaque fence or wall six (6) feet in height can replace up to 50 percent of the required shrubs.
    4. D.
      All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
  • 4.
    Prior to installation of any ground mounted solar energy system exceeding 800 square feet in size, the property owner shall inform the surrounding properties of the anticipated installation following the good neighbor communication requirements specified in Section 190.01 Common Procedures and Requirements.
  • 5.
    Ground mounted solar energy systems shall be counted toward the total allowable square footage for detached accessory structures as specified in Section 177.03 ACCESSORY STRUCTURE.
  • 6.
    All solar energy systems shall comply with the Iowa State Electrical Code.
  • 7.
    All solar energy systems shall comply with all applicable federal, state and local laws, rules and regulations.
  • 8.
    All solar energy systems must be removed and properly disposed of if they are out of production for more than one (1) year unless the City Council grants an extension of time for their removal.
  • 9.
    Special exceptions.
    1. A.
      The Board of Adjustment may grant a special exception to the maximum size of a ground mounted solar energy system in accordance with CHAPTER 190 LAND USE PROCEDURES.
    2. B.
      The Board of Adjustment may impose additional conditions to address any impacts of the proposed ground mounted solar energy system on adjacent land uses, right of ways, or trails.

    • Effective on: 5/1/2023

    177.17 SMALL WIND ENERGY CONVERSION SYSTEMS (SWECS)

  • 1.
    General Regulations.
    1. A.
      Permit Required. It shall be unlawful to construct, erect, install, alter or locate any SWECS within the City of Johnston, unless a special use permit has been obtained from the Board of Adjustment, as specified in CHAPTER 190 LAND USE PROCEDURES. The special use permit may be revoked by resolution of the Board of Adjustment any time the approved system does not comply with the rules set forth in this section and the conditions imposed by the Board of Adjustment. The owner/operator of the SWECS must also obtain any other permits required by other federal, state and local agencies/departments prior to constructing the system.
    2. B.
      Number of Systems per Zoning Lot.
      1. 1.
        Residential Use. No more than one (1) freestanding SWECS may be placed on any parcel or lot zoned for residential use. Building mounted SWECS shall be prohibited on any parcel or lot containing a one (1) or two (2) family use.
      2. 2.
        Commercial, Industrial, and Institutional Use. No more than one (1) freestanding SWECS may be placed any parcel or lot with a commercial, industrial, or institutional use that is taller than the tallest existing principal building located on said parcel or lot. Additional freestanding SWECS which conform to setback requirements contained herein and which are no taller than the tallest existing principal building located on said parcel or lot may be allowed. Additional building mounted SWECS may be allowed within the parameters herein below. However, in no case shall the generating capacity of aggregated SWECS exceed anticipated energy needs for on-site consumption.
      3. 3.
        Mixed Use. Any building containing both residential and commercial uses or described as a “Mixed Use” building, shall be considered to be a commercial use for the purposes of this section.
    3. C.
      Tower. Only monopole towers shall be permitted for freestanding SWECS. Lattice, guyed or towers of any other type shall not be considered to be in compliance with this section.
    4. D.
      Color. Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match the color of the building on which it is mounted. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be non-reflective.
    5. E.
      Lighting. No lights shall be installed on the tower, unless required to meet FAA regulations.
    6. F.
      Signage. No signage or advertising of any kind shall be permitted on the tower or any associated structures.
    7. G.
      Climbing Apparatus. The tower must be designed to prevent climbing within the first 10 feet.
    8. H.
      Maintenance. Facilities shall be well maintained in accordance with manufacturer’s specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this section or elsewhere within the City Code.
    9. I.
      Displacement of Parking Prohibited. The location of the SWECS shall not result in the net loss of required parking as specified elsewhere in the City Zoning Ordinance.
    10. J.
      Utility Notification. The City of Johnston shall notify the utility of receipt of an application to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this notification requirement.
    11. K.
      Interconnection. The SWECS, if not off-grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board. No permit of any kind shall be issued until the City of Johnston has been provided with a copy of an executed interconnection agreement. Off-grid systems shall be exempt from this requirement.
    12. L.
      Restriction On Use of Electricity Generated. A SWECS shall be used exclusively to supply electrical power to the owner for on-site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with Section 199, CHAPTER 15.11(5) of the Iowa Administrative Code, as may be subsequently amended.
    13. M.
      Noise. A SWECS shall be designed, installed and operated so that the noise generated does not exceed 55 decibels (dBA), as measured at the nearest neighboring property line, except during short-term events including utility outages and severe wind storms.
    14. N.
      Shadow Flicker. No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure.
    15. O.
      Safety Controls. Each SWECS shall be equipped with both an automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid.
    16. P.
      Shut Off. A clearly marked and easily accessible shut off for the wind turbine will be required as determined by the Fire Chief, Building Official or Zoning Administrator.
    17. Q.
      Electromagnetic Interference. All SWECS shall be designed and constructed so as not to cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner/operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the appropriate City authority. A permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident.
    18. R.
      Wind Access Easements. The enactment of this section does not constitute the granting of an easement by the City of Johnston. The SWECS owner/operator shall have the sole responsibility to acquire any covenants, easements, or similar documentation to assure and/or protect access to sufficient wind as may or may not be necessary to operate the SWECS.
    19. S.
      Insurance. The owner/operator of a SWECS must demonstrate and maintain liability insurance of not less than $1,000,000 coverage.
    20. T.
      Engineer Certification. Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted.
    21. U.
      Installation. Installation must be done according to manufacturer’s recommendations. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards.
    22. V.
      Removal. If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, transmission equipment and fencing from the property excluding foundations. Non-function or lack of operation may be proven by reports from the interconnected utility. For off-grid systems the City of Johnston shall have the right to enter the property at its sole discretion to determine if the off-grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner/operator and successors shall make available to the Zoning Administrator or their designee all reports to and from the purchaser of energy from the SWECS if requested. If removal of towers and appurtenant facilities is required, the Zoning Administrator or designee shall notify the SWECS owner/operator. Removal shall be completed within six (6) months of written notice to remove being provided to the owner/operator by the City of Johnston.
    23. W.
      Right of Entrance. As a condition of approval of a special use permit an applicant seeking to install SWECS shall be required to sign a right of entrance agreement which shall be recorded and run with the land granting permission to the City of Johnston to enter the property to remove the SWECS pursuant to the terms of approval and to assure compliance with the other conditions set forth in the permit. Removal shall be at the expense of the owner/operator and the cost may be assessed against the property.
    24. X.
      Feasibility Study. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least three (3) months.
  • 2.
    Bulk Regulations.
    1. A.
      Setbacks.
      1. 1.
        The minimum distance between any freestanding SWECS and any property line shall be a distance that is equivalent to 150 percent of the total system height. The setback shall be measured from the property line to the point of the SWECS closest to the property line.
      2. 2.
        The required setback for any building mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached at such time that the application to install a building mounted SWECS is received by the City of Johnston.
    2. B.
      Maximum Height. Height shall be measured from the ground to the top of the tower, including the wind turbine generator and blades.
      1. 1.
        For lots of more than 40,000 square feet and fewer than three (3) acres, the maximum height shall be 65 feet.
      2. 2.
        For lots of three (3) to seven (7) acres, the maximum height shall be 80 feet.
      3. 3.
        For lots of more than seven (7) acres the maximum height shall be 100 feet.
      4. 4.
        Building mounted SWECS may be a maximum of 10 feet higher than the point of attachment to the building on which they are attached.
    3. C.
      Minimum Lot Size. The minimum lot size for a SWECS shall be 40,000 square feet.
    4. D.
      Clearance of Blade. No portion of a horizontal axis SWECS blade shall extend within 30 feet of the ground. No portion of a vertical axis SWECS shall extend within 10 feet of the ground. No blades may extend over parking areas, driveways or sidewalks. No blade may extend within 20 feet of the nearest tree, structure or above ground utility facilities.
    5. E.
      Location.
      1. 1.
        No part of a SWECS shall be located within or over drainage, utility or other established easements.
      2. 2.
        A freestanding SWECS shall be located entirely in the rear yard.
      3. 3.
        A SWECS shall be located in compliance with the guidelines of applicable Federal Aviation Administration (FAA) regulations as amended from time to time.
      4. 4.
        No SWECS shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet.
      5. 5.
        Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure.
  • 3.
    Application Required. Application for SWECS shall be made on forms provided by the City of Johnston. No action may be taken regarding requests for SWECS until completed applications have been filed and fees paid.

    • Effective on: 5/1/2023

    177.18 STORAGE OF GASOLINE, FUEL OIL, OR THEIR DERIVATIES

  • 1.
    Storage of gasoline, fuel oil, or their derivatives shall only be stored underground in a standalone tank not exceeding 40,000 gallons in one (1) tank, and there shall be no maximum aggregate storage on a property.
  • 2.
    Above ground storage of gasoline, fuel oil, or their derivatives shall not exceed 2,000 gallons in one (1) tank and shall not exceed 5,000 gallons in aggregate on a property.
  • 3.
    Storage shall be located at least 200 feet from any R district.
  • 4.
    This use shall adhere to Sections 159.08 and 159.09 of the City Fire Code.
  • 5.
    Generators with integrally attached storage of gasoline, fuel oil, or their derivatives shall be exempt from the regulations of this section.

    • Effective on: 5/1/2023

    177.19 WIRELESS FACILITY, MACRO

    Any accessory macro wireless facility shall follow the principal use standards for macro wireless facilities as established in Section 176.29 WIRELESS FACILITY, MACRO.

    Effective on: 5/1/2023

    177.20 WIRELESS FACILITY, SMALL

    Any accessory small wireless facility shall follow the principal use standards for small wireless facilities as established in Section 176.30 WIRELESS FACILITY, SMALL.

    Effective on: 5/1/2023