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Johnston City Zoning Code

CHAPTER 167

INTRODUCTION TO ZONING DISTRICTS

167.01 ZONING DISTRICTS ESTABLISHED

The City is hereby divided into the following classes of zoning districts:

  1. 1.
    Base Zoning Districts
    1. A.
      Residential Districts
      1. 1.
        R-E   Residential Estates District
      2. 2.
        R-1(100)  Large Lot Residential District
      3. 3.
        R-1(75)   Medium Lot Residential District
      4. 4.
        R-1(60)   Small Lot Residential District
      5. 5.
        R-2   Low Density Mixed Residential District
      6. 6.
        R-3   Medium Density Mixed Residential District
      7. 7.
        R-4   High Density Mixed Residential District
      8. 8.
        R-5   Manufactured Home Community District
    2. B.
      Mixed-Use Districts
      1. 1.
        MU-1   Neighborhood Mixed Use District
      2. 2.
        MU-2   Community Mixed Use District
    3. C.
      Non-Residential Districts
      1. 1.
        C-1   Neighborhood Commercial District
      2. 2.
        C-2   Community Commercial District
      3. 3.
        C-3   Regional Commercial District
      4. 4.
        E-1   Office Employment District
      5. 5.
        E-2   General Employment District
      6. 6.
        M-1   Light Industrial District
      7. 7.
        M-2   General Industrial District
    4. D.
      Special Districts
      1. 1.
        A-R   Agriculture Reserve District
      2. 2.
        C-D   Conservation District
      3. 3.
        G-F   Government Facility District
      4. 4.
        PUD  Planned Unit Development District
  2. 2.
    Overlay Zoning Districts
    1. A.
      T-S   Merle Hay Road Town Square Overlay Zoning District
    2. B.
      A-K   Animal Keeping Overlay Zoning District
    3. C.
      FO   Floodway Overlay Zoning District
    4. D.
      FF   Floodway Fringe Overlay Zoning District
    5. E.
      FP   General Flood Plain Overlay Zoning District

Effective on: 5/1/2023

167.02 DISTRICT BOUNDARIES AND OFFICIAL ZONING MAP

  • 1.
    Adopted and Established
    1. A.
      The boundaries of the Zoning Districts established in Section 167.01 ZONING DISTRICTS ESTABLISHED are indicated upon the Official Zoning Map of the City, which is made a part of this Ordinance by reference.
    2. B.
      The Official Zoning Map and all notations, references and other matters shown thereon shall be as much a part of this Ordinance as if the notations, references and other matters set forth by said map were all fully described herein; the original of which is properly attested to and is on file in the Office of the City Clerk.
  • 2.
    Clarifying Amendments
    1. A.
      The City Council may from time to time amend the Official Zoning Map or adopt a new Official Zoning Map which shall supersede the prior Map provided, however, that any such adoption shall not have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof.
    2. B.
      When needed, Table 167.1 lists the amendments to this Ordinance:

      Table 167.1 to be inserted when needed.

  • 3.
    District Boundaries
    1. A.
      The district boundaries are either lot lines or the centerlines of streets, unless otherwise shown on the Official Zoning Map.
    2. B.
      Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
      1. 1.
        Boundaries indicated as approximately following the centerlines of streets, highways, or other public rights-of-way shall be construed to follow such centerlines.
      2. 2.
        Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
      3. 3.
        Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.
      4. 4.
        Boundaries indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines shall be construed as following such lines.
      5. 5.
        Boundaries indicated as following railroad lines shall be construed to follow the centerline of the railroad right-of-way.
      6. 6.
        Boundaries indicated as approximately following the centerlines of rivers, streams, creeks or other waterways shall be construed to follow such centerlines.
      7. 7.
        Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the Official Zoning Map or if not dimensioned shall be determined by the scale shown on the map.
    3. C.
      All questions concerning the exact location of district boundary lines shall be determined by the Zoning Administrator. An appeal of the Zoning Administrator’s interpretation of district boundary lines may be made to the Board of Adjustment according to rules and regulations which may be adopted by it.
    4. D.
      Where one (1) parcel of property has two (2) or more portions covered by different zoning districts, a zoning district boundary may be adjusted up to 40 feet in any direction of the original district boundary after review and approval by the Zoning Administrator. Any adjustment of more than 40 feet from the original district boundary shall require an Official Zoning Map amendment.
    5. E.
      Where one (1) parcel of property has two (2) or more portions covered by different zoning districts, each portion shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of this chapter, each portion shall be considered as if in separate and different ownership. Each of these portions shall comply with the regulations of its respective zoning district.
  • 4.
    Future Annexation of Territory
    1. A.
      At the time of annexation into the City, the City Council may assign the property a zoning district in the resolution approving the annexation after considering the Comprehensive Plan and recommendations from the Planning and Zoning Commission, provided all public notices and public hearings are completed as required for amendments to this Ordinance.
    2. B.
      If the Council fails to assign a zoning district, then the property shall be designated as A-R Agricultural Reserve District.
  • (Ord. 1092, 04/03/2023) 

    Effective on: 5/1/2023

    167.03 GENERAL PROVISIONS FOR ZONING DISTRICTS

  • 1.
    General Standards
    1. A.
      Activities within the principal building shall not create an excessive amount of vibration or noise, dust or other particulate matter, fumes, smoke, gas, heat or light, or other objectionable emissions that may be detrimental or noxious to neighboring uses.
    2. B.
      All building and site improvements shall meet the requirements of the American with Disabilities Act (ADA) as may be amended. This includes meeting the design standards set forth in the most current adopted standards for accessible design.
  • 2.
    Required Yard, Open Space, Parking and Loading Space Cannot Be Reduced
    1. A.
      No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum required by this Ordinance.
    2. B.
      Unless otherwise approved as provided in this Ordinance, no part of a yard or other open space, or off-street parking or loading space provided for any building, structure, or use for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space required under this Ordinance for another building, structure, or use.
  • 3.
    Number of Principal Structures Allowed Per Lot

    Multiple occupancy of a lot by more than one (1) principal building is permitted in any district except for the R-E and R-1 districts, if the site is developed as a complex and the approved site plan demonstrates that buildings are compatible in architectural design and use of exterior materials; organized in close physical proximity, utilizing a centralized open space, and provided parking areas are not located between buildings within the complex.

  • 4.
    Installation of Underground Accessory Structures

    An accessory structure which is constructed underground, including but not limited to an emergency shelter, garage, or wine cellar, may be located beneath the ground surface of any yard area provided that said structure complies with the following requirements:

    1. A.
      No portion of the structure shall be located less than five (5) feet, measured horizontally, from any lot line from which a minimum surface yard area is required.
    2. B.
      The surface area covering the structure shall be finished in a manner natural to the landscape so as to entirely conceal the underground structure within the required yard area.
    3. C.
      No portion of the finished surface area above the surrounding ground elevation may exceed a two (2) foot height increase above the normal finished elevation of any required yard area.
    4. D.
      Ingress-egress to the underground structure shall be located within the allowable surface structure area of the lot and shall not be located in any required yard area.
  • 5.
    Exceptions and Modifications

    The regulations specified in this Ordinance are subject to the following exceptions, modifications, and interpretations:

    1. A.
      Use of Existing Lots of Record.

      In any district where dwellings are permitted, a single-unit dwelling may be located on any lot or plot of official record as of September 25, 1986 irrespective of its area or width; provided, however:

      1. 1.
        The sum of the side yard widths of any such lot or plot shall not be less than 20 percent of the width of the lot, but in no case less than 10 percent of the width of the lot or five (5) feet, whichever is greater, for any one side yard.
      2. 2.
        The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case less than 20 feet.
    2. B.
      Structures Permitted Above the Height Limit

      Chimneys, cooling towers, elevator bulk-heads, fire towers, monuments, stage towers or scenery lofts, water towers, church ornamental towers and spires, radio or television towers or other similar and necessary mechanical appurtenances may be erected to a height greater than that permitted by this Ordinance by the following processes:

      1. 1.
        The Zoning Administrator may approve a modification to the height limitation of no more than 10 feet.
      2. 2.
        Modifications exceeding 10 feet shall be approved by the Board of Adjustment as a variance.
    3. C.
      Double Frontage Lots
      1. 1.
        Buildings on double frontage lots shall provide the required minimum front yard setback on the street frontage where the vehicle access is permitted and shall provide the required minimum rear yard setback on the street frontage where no vehicle access is permitted.
      2. 2.
        The City may also require an additional buffer adjacent to thoroughfares through the subdivision regulations.
    4. D.
      Encroachments

      No part of any use or structure shall encroach into any required yard setback except as permitted below:

      1. 1.
        Ordinary projections of sills, belt courses, cornices, chimneys, ornamental features and roof overhang may project no more than 24 inches into a required yard setback.
      2. 2.
        Open stairways may project from the building wall into the required yard setback not more than seven and one-half (7.5) feet.
      3. 3.
        Stairways when located in the required yard setback shall be cantilevered or supported by the necessary columns only; support by a wall other than the exterior building wall is strictly prohibited.
      4. 4.
        Recreational equipment such as a swing set, slide, climbing apparatus, sandbox and the like, clotheslines, picnic tables and other equipment accessory to and associated with the residential use of property may be located three (3) feet from any property line.
  • Effective on: 5/1/2023