Chapters 165 through 194 of this Code of Ordinances shall be known and may be cited and referred to as the “Zoning Ordinance” of the City of Johnston, Iowa, and may be referred to as “this Ordinance,” adopted pursuant to Chapter 414 of the Code of Iowa.

The purposes of this Ordinance are:

1. A.
   To consider the protection of soil from wind and water erosion;
2. B.
   To encourage efficient urban development patterns;
3. C.
   To preserve the availability of agricultural land;
4. D.
   To secure safety from fire, flood, panic and other dangers;
5. E.
   To promote health and the general welfare;
6. F.
   To provide adequate light and air;
7. G.
   To prevent the overcrowding of land;
8. H.
   To avoid undue concentration of population;
9. I.
   To promote the conservation of energy resources;
10. J.
    To promote reasonable access to solar energy;
11. K.
    To facilitate the adequate provision of transportation, water, sewage, schools, and parks and open space;
12. L.
    To preserve historically significant areas of the community;
13. M.
    To recognize the character of the area of the district and the particular suitability of such area for particular uses;
14. N.
    To conserve the value of buildings;
15. O.
    To lessen congestion in the street;
16. P.
    To implement the policies and goals of the Comprehensive Plan and other relevant, officially adopted plans of the City;
17. Q.
    To classify and regulate the type and intensity of land uses;
18. R.
    To regulate the location, bulk, and aesthetics of buildings hereafter erected or altered; and
19. S.
    To fulfill other public requirements.

Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used or site improved, or land subdivided, which does not comply with or is not maintained in accordance with all of the district regulations established by this Ordinance for the district in which the building or land is located.

1. A.
   The effective date of this Ordinance is May 1, 2023. This Ordinance hereby supersedes and replaces in its entirety, Chapters 165-174 of the Johnston Code of Ordinances on the effective date hereof.

   1. 1.
      The provisions of this Ordinance shall apply to all development plans (preliminary plats, site plans, minor subdivisions and final plats, revised, or final) filed on or after May 1, 2023. Plans on file before May 1, 2023 shall be reviewed for compliance with the ordinance effective at the time of filing.
   2. 2.
      The provisions of this Ordinance shall apply to all permits filed on or after May 1, 2023. Permit applications on file before May 1, 2023 shall be reviewed for compliance with the ordinance effective at the time of filing.
2. B.
   The authority to adopt this Ordinance within the City of Johnston is derived from Iowa Code Section 364.1 and Iowa Code Chapter 414. Whenever other applicable State laws or rules referenced in this ordinance have been amended or superseded, this ordinance shall also be considered amended accordingly.

1. A.
   If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
2. B.
   If any application of this Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
3. C.
   If any condition attached to an approval granted through this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

1. A.
   The Zoning Administrator shall issue all permits and certificates required by this ordinance.
2. B.
   If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated, such official shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings, or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of this Ordinance.

The Comprehensive Plan for the City of Johnston or “Comprehensive Plan,” including amendments adopted by the City Council, is the guiding policy document for the City. A primary intent of this Ordinance is to implement the policies, goals and actions of the Comprehensive Plan while remaining consistent with all applicable requirements of federal and state laws.

If the provisions of this Ordinance are inconsistent with or conflict with state or federal law, the applicable state and federal law or regulation governs.

If the provisions of this Ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

1. A.
   Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.
2. B.
   In some instances, cross-references between Chapters, Sections, and Subsections are provided that include the chapter, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.

This Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district, and each of which defines the appropriate location for structures to be constructed. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without specifying the requirements, circumstances and conditions under which they will be operated and maintained. Furthermore, it is the intention of this Section that all nonconforming uses shall be eventually brought into conformity.

1. A.
   A property owner may request a determination of the lawful status of a nonconforming use or structure from the Zoning Administrator.

   1. 1.
      The burden of establishing that any nonconforming use or structure is lawful shall be upon the owner of the nonconforming use or structure and not the City.
   2. 2.
      The Zoning Administrator shall maintain a registry of nonconforming use or structure requests and their disposition.
   3. 3.
      A determination may be appealed to the Board of Adjustment under the provisions of Section 190.04 BOARD OF ADJUSTMENT.
2. B.
   Any existing, nonconforming use which was not a lawful nonconforming use under the previous Zoning Ordinance shall not be authorized to continue as a nonconforming use pursuant to this Ordinance, or amendments thereto, and shall be considered an unlawful use.
3. C.
   Permits Previously Issued.

    Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any structure or part thereof for which approvals and required permits have been granted before the enactment of this Ordinance provided that the construction of said building in conformance with such plans shall have been started prior to the effective date of this Ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control.

Any structure existing on the effective date of this Ordinance and not in conformance with this Chapter may be maintained in a safe condition, but no alteration, modification, or improvement of said structure shall occur, unless installed in conformance with this Chapter.

 Any lawful use which becomes nonconforming under the terms of this Ordinance may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. A.
   A conforming structure devoted to a nonconforming use may not be enlarged, extended, reconstructed, altered, or relocated on the site, unless the use is changed to a use permitted in the district.
2. B.
   No nonconforming use located outside of a structure shall be enlarged or increased to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.
3. C.
   Any existing residential use in any nonresidential district which is considered nonconforming by this Chapter may be structurally altered or enlarged by issuance of a Special Exception by the Board of Adjustment.

   1. 1.
      This modification shall be limited to patios, decks, garages, and minor building additions.
   2. 2.
      Any addition to a principal structure shall adhere to the lot area, lot coverage, frontage, width, yard, height, and parking requirements of the district in which it is located.
   3. 3.
      Any modification to an accessory structure shall follow the provisions of Section 177.03 ACCESSORY STRUCTURE.
   4. 4.
      When evaluating a special exception request, the Board of Adjustment may consider the following:

      1. a.
         The length of time before a transition to conforming use may occur
      2. b.
         The enhancement made to habitability
      3. c.
         The maintenance and upkeep of the property
      4. d.
         The effect the improvements may have upon the development of adjacent properties according to their current zoning.
4. D.
   Any nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of this Ordinance unless such movement shall bring the nonconformance into compliance with this Ordinance.
5. E.
   If any nonconforming use ceases for any reason for a period of more than six (6) months, any subsequent use of land shall conform to district regulations for the district in which such land is located. Disconnection of any services, including but not limited to water, sewer, or electric, for a period of more than six (6) months shall be considered a cease of use for the purposes of this provision.

Where a lawful nonconforming structure or building exists at the effective date of adoption or amendment of this Ordinance, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. A.
   No such building or structure may be enlarged or altered in a way which increases its nonconformity.
2. B.
   If the site improvements on an existing building site do not conform to the requirements of this Ordinance, the use of the site cannot be expanded or new buildings constructed, unless the site improvements are brought into conformance with this Ordinance.
3. C.
   In the event municipal acquisition of right-of-way causes an existing structure to be in violation of the setback or lot area provisions of the zoning code, said property shall be exempt from the provisions in Subsections 166.04.5.B and 166.04.5.D to the extent said violation is caused by right-of-way acquisition, subject to the following provisions:

   1. 1.
      Any property subject to a change of zoning subsequent to municipal acquisition of right-of-way shall no longer be exempt as described above and must comply with the setbacks of the district or otherwise be considered nonconforming.
   2. 2.
      Nothing within this provision shall be construed to permit any obstruction which is otherwise determined herein to be a hazard.
4. D.
   Destruction

   1. 1.
      Should any legal nonconforming structure be destroyed by any means to an extent of 50 percent or more of its replacement cost at time of its destruction, exclusive of the foundations, it shall not be reconstructed except in conformity with the provisions of this ordinance.
   2. 2.
      If the structure is less than 50 percent destroyed above the foundation, it may be reconstructed and used as prior to the event, provided it is done within six (6) months of such event, and is built of similar materials.