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Johnston City Zoning Code

CHAPTER 172

OVERLAY DISTRICTS

172.01 APPLICATION

The restrictions, regulations, standards, and guidelines in this Chapter for land use and development shall apply to the following overlay zoning districts within the City:

FOFloodway Overlay Zoning District
FFFloodway Fringe Overlay Zoning District
FPGeneral Flood Plain Overlay Zoning District
T-SMerle Hay Road Town Square Overlay Zoning District
A-KAnimal Keeping Overlay Zoning District

Effective on: 5/1/2023

172.02 FLOODWAY OVERLAY DISTRICT (FO)

  • A.
    This overlay zoning district shall be made up of those areas identified as Floodway on the Official Flood Plain Zoning Map. The Floodway Overlay Zoning District boundaries shall be shown on the Official Zoning Map in addition to being identified on the Official Floodplain Zoning Map.
  • B.
    See CHAPTER 173 for regulations of this overlay zoning district.
  • Effective on: 5/1/2023

    172.03 FLOODWAY FRINGE OVERLAY DISTRICT (FF)

  • A.
    This overlay zoning district shall be made up of those areas identified as Zone AE on the Official Flood Plain Zoning Map, but excluding those areas identified as floodway. The Floodplain Fringe Overlay Zoning District boundaries shall be shown on the Official Zoning Map in addition to being identified on the Official Floodplain Zoning Map.
  • B.
    See CHAPTER 173 for regulations of this overlay zoning district.
  • Effective on: 5/1/2023

    172.04 GENERAL FLOODPLAIN OVERLAY DISTRICTS (FP)

  • A.
    This overlay zoning district shall be made up of those areas identified as Zone A on the Official Flood Plain Zoning Map. The General Floodplain Overlay Zoning District boundaries shall be shown on the Official Zoning Map in addition to being identified on the Official Floodplain Zoning Map.
  • B.
    See CHAPTER 173 for regulations of this overlay zoning district.
  • Effective on: 5/1/2023

    172.05 MERLE HAY ROAD TOWN SQUARE OVERLAY ZONING DISTRICT (T-S)

    The regulations set forth in this Section, or elsewhere within this ordinance when applicable, shall apply in the Merle Hay Road Town Square Overlay Zoning District.

    1. 1.
      Statement of Intent
      1. A.
        The T-S District is established to help create the town square envisioned by the City of Johnston’s Comprehensive Plan and detailed in the Merle Hay Road Redevelopment Plan. The northeast corner of Merle Hay Road and NW 62nd Street has long been considered as an opportunity site to create a central focus point for the Johnston community. The T-S District establishes this area as a future town square that can accommodate a mix of retail and residential uses along with activated public gathering spaces.
      2. B.
        The intent of this overlay district is to provide a uniform and enhanced set of design standards that are above and beyond the base standards found within the City’s current regulations.
    2. 2.
      Applicability
      1. A.
        The adopted design guidelines shall apply to all development within the T-S District and are in addition to the regulations contained within the City Zoning and Subdivision Regulations.
      2. B.
        Where a conflict should arise between the Zoning Ordinance and the adopted design guidelines, the requirements of the adopted design guidelines shall prevail. The final determination as to compliance with the provisions contained herein shall rest with the City Council.
    3. 3.
      Design Guidelines

      The Merle Hay Road Town Square Overlay Zoning District Design Guidelines dated September 19, 2022 are hereby adopted as a part of this Ordinance. A copy of the Merle Hay Road Town Square Overlay Zoning District Design Guidelines is on file in the Office of the City Clerk.

    Effective on: 5/1/2023

    172.06 ANIMAL KEEPING OVERLAY ZONING DISTRICT (A-K)

    The regulations set forth in this Section, or elsewhere in this Ordinance when applicable, shall apply in the Animal Keeping Overlay Zoning District.

    1. 1.
      Statement of Intent. The A-K District is intended to allow the continuation and development of new areas with a distinctive rural character where the keeping of animals, including livestock and poultry are allowed.
    2. 2.
      Applicability
      1. A.
        The restrictions, regulations, and guidelines on development and construction set forth by this Section shall apply to the A-K District shown on the Official Zoning Map of the City.
      2. B.
        The A-K overlay may be used in combination with the R-E, R-1(100), and R-1(75) Districts.
    3. 3.
      Livestock keeping is a permitted accessory use to the principal use of a residence within the A-K Overlay Zone subject to the following standards:
      1. A.
        Animals and poultry may be kept for personal use only and not for commercial use within the A-K District and as otherwise limited in this Section.
      2. B.
        Maximum Number of Animals per Lot
        1. 1.
          The maximum numbers of animals that may be permitted are subject to the limitations of Table 172.1.
    Table 172.1 Animals per Lot
    Animals AllowedArea Requirements
    Horses, bovine animals, sheep, goats and other similar large animalsOne (1) or two (2) adult animals of any one kind or combination thereof may be kept on any one (1) lot with a minimum area of 43,560 square feet. One (1) additional adult animal may be added for each 43,560 additional square feet of lot area.
    Poultry, rabbits, mink, chinchillas, pigeons, hamsters, and other fowl or small animalsNo more than six (6) of any one (1) or combination of such adult animals may be kept on a lot of less than 21,780 square feet in size. Not more than six (6) of any one (1) kind of such adult animals or combination thereof may be added for each additional 21,780 square feet up to a maximum of 24 animals.
    Table 172.1 Animals per Lot
    Animals AllowedArea Requirements
    Horses, bovine animals, sheep, goats and other similar large animalsOne (1) or two (2) adult animals of any one kind or combination thereof may be kept on any one (1) lot with a minimum area of 43,560 square feet. One (1) additional adult animal may be added for each 43,560 additional square feet of lot area.
    Poultry, rabbits, mink, chinchillas, pigeons, hamsters, and other fowl or small animalsNo more than six (6) of any one (1) or combination of such adult animals may be kept on a lot of less than 21,780 square feet in size. Not more than six (6) of any one (1) kind of such adult animals or combination thereof may be added for each additional 21,780 square feet up to a maximum of 24 animals.
    Table 172.1 Animals per Lot
    Animals AllowedArea Requirements
    Horses, bovine animals, sheep, goats and other similar large animalsOne (1) or two (2) adult animals of any one kind or combination thereof may be kept on any one (1) lot with a minimum area of 43,560 square feet. One (1) additional adult animal may be added for each 43,560 additional square feet of lot area.
    Poultry, rabbits, mink, chinchillas, pigeons, hamsters, and other fowl or small animalsNo more than six (6) of any one (1) or combination of such adult animals may be kept on a lot of less than 21,780 square feet in size. Not more than six (6) of any one (1) kind of such adult animals or combination thereof may be added for each additional 21,780 square feet up to a maximum of 24 animals.
    Table 172.1 Animals per Lot
    Animals AllowedArea Requirements
    Horses, bovine animals, sheep, goats and other similar large animalsOne (1) or two (2) adult animals of any one kind or combination thereof may be kept on any one (1) lot with a minimum area of 43,560 square feet. One (1) additional adult animal may be added for each 43,560 additional square feet of lot area.
    Poultry, rabbits, mink, chinchillas, pigeons, hamsters, and other fowl or small animalsNo more than six (6) of any one (1) or combination of such adult animals may be kept on a lot of less than 21,780 square feet in size. Not more than six (6) of any one (1) kind of such adult animals or combination thereof may be added for each additional 21,780 square feet up to a maximum of 24 animals.
    1.  
      1.  
        1. 2.
          In determining the area of a lot for the purpose of determining the number of animals or fowl which may be kept, only usable land shall be considered. For the purposes of this Section, usable land is defined as that land which due to topography, soil type, drainage pattern, and vegetation coverage shall not cause drainage from animal or fowl waste onto any other property.
        2. 3.
          There is no limit on the permitted number of juvenile (less than 6 months old) animals permitted on the property provided they are offspring to the adults currently on the property.
      1. C.
        All livestock and poultry must be placed in a structurally sound fence, pen or building. All accessory structures and enclosures for protection of the animals, including fences, are subject to the accessory use standards of CHAPTER 177 of this Ordinance.
      2. D.
        Grazing of livestock or poultry shall be allowed as follows:
        1. 1.
          At least 50 feet from any structure either now or in the future used for dwelling purposes.
        2. 2.
          At least 100 feet from any well being used for potable water.
      3. E.
        Animals shall not create or constitute a nuisance, including excessive noise, odor or dust.
      4. F.
        All offensive odors created by the animals shall be prohibited. The area where the animals are permitted shall be kept clean and free from debris and animal waste.
      5. G.
        Disposal of animal waste shall conform to the current Polk County Local Board of Health rules and regulations.
      6. H.
        Any owner of animals shall comply with all statutes, ordinances and regulations regarding health and safety of the State of Iowa, Polk County, and the City of Johnston.

    Effective on: 5/1/2023