Johnston City Zoning Code

CHAPTER 195

GENERAL SUBDIVISION PROVISIONS

195.01 TITLE

Chapters 195 through 199 of this Code of Ordinances shall be known and may be cited and referred to as the “Subdivision Ordinance” of the City of Johnston, Iowa, and may be referred to as “this Ordinance,” adopted pursuant to Chapter 354 of the Code of Iowa.

Effective on: 5/1/2023

195.02 PURPOSE

The Subdivision Ordinance regulates the way land is to be divided and made ready for development. It is essential to establish minimum standards for design and development that will provide for future services and accurate records while meeting public safety, health and general welfare requirements.

1.
The subdivision of land must be coordinated with the Comprehensive Plan and the Zoning Ordinance for the purpose of guiding future development of the City as outlined in the Plan.
2.
The review and approval of subdivisions under this Ordinance shall also preserve and enhance the development of neighborhoods as envisioned in the Comprehensive Plan and incorporating amenities of the highest standards.

Effective on: 5/1/2023

195.03 APPLICABILITY

This Ordinance is in accordance with:

A.
The provisions of Chapter 354 of the Code of Iowa, governing the subdivision of all lands within the corporate limits of the City; and
B.
The provisions of Section 354.9 of the Code of Iowa, governing all subdivisions located in the unincorporated area of Polk County within a two-mile radius of the Johnston corporate limits, with the exception of the area east of the Des Moines River and Saylorville Lake.
1. 1.
  For plats located in unincorporated areas, the standards and conditions applied by the City for review and approval of the subdivision shall be the same standards and conditions used for review and approval of subdivisions within the City limits.
2. 2.
  The City may, by resolution, defer its review authority to the governing jurisdiction or accept the standards of the other governing jurisdiction.

For the purpose of this Ordinance, a subdivision of land is either:

A.
The division of land into three (3) or more tracts, sites or parcels.
B.
Establishment or dedication of a road, highway, street, alley, place or private drive through a tract of land regardless of area.
C.
Resubdivisions or replats of land heretofore divided or platted into lots, sites or parcels; however, the sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, nor place said lots in nonconformance with the provisions of the zoning ordinance or this title, shall not be considered as a subdivision of land.
D.
The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the allocation of land for common use by owners, occupants or leaseholders.

No plat or subdivision shall be officially recognized by the City until all provisions and approvals set forth in these regulations have been met.

The Council shall not permit any public improvements over which it has any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted after July 11, 1974, unless such subdivision or street has been approved in accordance with the provisions contained herein.

The Building Official shall not issue permits for any structure located on a lot in any subdivision, the plat of which has been recorded after July 11, 1974, and not approved in accordance with the provisions contained herein.

Effective on: 5/1/2023

195.04 EFFECTIVE DATE

The effective date of this Ordinance is May 1, 2023. This Ordinance hereby supersedes and replaces in its entirety, Chapter 180 of the Johnston, Iowa Code of Ordinances on the effective date hereof.

Effective on: 5/1/2023

195.05 INTERPRETATION

Conflicting Regulations or Provisions.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. Wherever this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Ordinance shall govern except as otherwise provided in State statutes or rules.

Use of Graphics, Illustrations, Figures, Photos, and Cross-References.

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.
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.

Severability

The provisions of this Ordinance are severable. If any provision of this Ordinance, or application of any provision of this Ordinance to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Ordinance shall not be affected thereby.

Effective on: 5/1/2023

Johnston City Zoning Code

CHAPTER 195

GENERAL SUBDIVISION PROVISIONS

195.01 TITLE

Effective on: 5/1/2023

195.02 PURPOSE

1.
The subdivision of land must be coordinated with the Comprehensive Plan and the Zoning Ordinance for the purpose of guiding future development of the City as outlined in the Plan.
2.
The review and approval of subdivisions under this Ordinance shall also preserve and enhance the development of neighborhoods as envisioned in the Comprehensive Plan and incorporating amenities of the highest standards.

Effective on: 5/1/2023

195.03 APPLICABILITY

This Ordinance is in accordance with:

A.
The provisions of Chapter 354 of the Code of Iowa, governing the subdivision of all lands within the corporate limits of the City; and
B.
The provisions of Section 354.9 of the Code of Iowa, governing all subdivisions located in the unincorporated area of Polk County within a two-mile radius of the Johnston corporate limits, with the exception of the area east of the Des Moines River and Saylorville Lake.
1. 1.
  For plats located in unincorporated areas, the standards and conditions applied by the City for review and approval of the subdivision shall be the same standards and conditions used for review and approval of subdivisions within the City limits.
2. 2.
  The City may, by resolution, defer its review authority to the governing jurisdiction or accept the standards of the other governing jurisdiction.

For the purpose of this Ordinance, a subdivision of land is either:

A.
The division of land into three (3) or more tracts, sites or parcels.
B.
Establishment or dedication of a road, highway, street, alley, place or private drive through a tract of land regardless of area.
C.
Resubdivisions or replats of land heretofore divided or platted into lots, sites or parcels; however, the sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, nor place said lots in nonconformance with the provisions of the zoning ordinance or this title, shall not be considered as a subdivision of land.
D.
The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the allocation of land for common use by owners, occupants or leaseholders.

No plat or subdivision shall be officially recognized by the City until all provisions and approvals set forth in these regulations have been met.

Effective on: 5/1/2023

195.04 EFFECTIVE DATE

The effective date of this Ordinance is May 1, 2023. This Ordinance hereby supersedes and replaces in its entirety, Chapter 180 of the Johnston, Iowa Code of Ordinances on the effective date hereof.

Effective on: 5/1/2023

195.05 INTERPRETATION

Conflicting Regulations or Provisions.

Use of Graphics, Illustrations, Figures, Photos, and Cross-References.

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.
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.

Severability

Effective on: 5/1/2023

Johnston City Zoning Code

CHAPTER 195

GENERAL SUBDIVISION PROVISIONS

195.01 TITLE

Effective on: 5/1/2023

195.02 PURPOSE

1.
The subdivision of land must be coordinated with the Comprehensive Plan and the Zoning Ordinance for the purpose of guiding future development of the City as outlined in the Plan.
2.
The review and approval of subdivisions under this Ordinance shall also preserve and enhance the development of neighborhoods as envisioned in the Comprehensive Plan and incorporating amenities of the highest standards.

Effective on: 5/1/2023

195.03 APPLICABILITY

This Ordinance is in accordance with:

A.
The provisions of Chapter 354 of the Code of Iowa, governing the subdivision of all lands within the corporate limits of the City; and
B.
The provisions of Section 354.9 of the Code of Iowa, governing all subdivisions located in the unincorporated area of Polk County within a two-mile radius of the Johnston corporate limits, with the exception of the area east of the Des Moines River and Saylorville Lake.
1. 1.
  For plats located in unincorporated areas, the standards and conditions applied by the City for review and approval of the subdivision shall be the same standards and conditions used for review and approval of subdivisions within the City limits.
2. 2.
  The City may, by resolution, defer its review authority to the governing jurisdiction or accept the standards of the other governing jurisdiction.

For the purpose of this Ordinance, a subdivision of land is either:

A.
The division of land into three (3) or more tracts, sites or parcels.
B.
Establishment or dedication of a road, highway, street, alley, place or private drive through a tract of land regardless of area.
C.
Resubdivisions or replats of land heretofore divided or platted into lots, sites or parcels; however, the sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, nor place said lots in nonconformance with the provisions of the zoning ordinance or this title, shall not be considered as a subdivision of land.
D.
The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the allocation of land for common use by owners, occupants or leaseholders.

No plat or subdivision shall be officially recognized by the City until all provisions and approvals set forth in these regulations have been met.

Effective on: 5/1/2023

195.04 EFFECTIVE DATE

The effective date of this Ordinance is May 1, 2023. This Ordinance hereby supersedes and replaces in its entirety, Chapter 180 of the Johnston, Iowa Code of Ordinances on the effective date hereof.

Effective on: 5/1/2023

195.05 INTERPRETATION

Conflicting Regulations or Provisions.

Use of Graphics, Illustrations, Figures, Photos, and Cross-References.

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.
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.

Severability

Effective on: 5/1/2023