The regulations contained in Chapters 165 through 173 of this Code of Ordinances shall be known as the City of North Liberty Zoning Code, may be cited as such, and are referred to herein as “this code.”

   The purpose of this code is to safeguard the health, property, and public welfare by controlling the design, location, use, or occupancy of all buildings through the regulated and orderly development of land and land uses within this jurisdiction.

   The provisions of this code shall apply to the construction, alteration, moving, repair, and use of any building, structure, parcel of land, sign, or fence within the jurisdiction, except:

   1.   Work located in public rights-of-way.

   2.   Public utility structures, such as transformers, pedestals, cabinets, poles, wires, cables, conduits, vaults, laterals, pipes, mains, hydrants and valves. Public utility structures for the purpose of this exemption do not include wireless telecommunications, amateur HAM radio towers, solar panels, wind turbines, and utility (sub)stations.

Any territory annexed into the City is automatically, upon annexation, zoned ID Interim Development District.

   1.   Plot Plans to Accompany Building Permit Application. Each application for a building permit shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this code. A record of applications and plans shall be kept on file with the Code Official.

   2.   Preliminary Site Plan Review. The preliminary site plan review process promotes orderly development and redevelopment in a manner that is harmonious with surrounding properties, is consistent with City’s adopted land use policies, and promotes the public health, safety, and welfare of the City.

      A.   Authority. The City Council, after receiving a recommendation from the Planning Commission, will take formal action on requests for preliminary site plan review.

      B.   Procedure. All applications shall be filed with the Code Official. The Code Official may convene a technical review group comprised of City staff to review the application. The application must include all information, plans, and data as specified in Paragraph D, below.

      C.   Required Preliminary Site Plan Review. Preliminary site plan approval is required for the following developments:

         (1)   New townhouse, multi-unit residence, manufactured home park, nonresidential, and mixed-use development, including construction of additional principal buildings on a developed site.

         (2)   Additions to townhouse, multi-unit residence, nonresidential, and mixed-use development that increase the gross floor area by 3,000 square feet or more.

         (3)   Parking lots of 15 or more spaces.

      D.   Preliminary Site Plan Submittal Requirements. All applications for preliminary site plan review shall include the following:

         (1)   The completed application form.

         (2)    A scaled and dimensioned site plan drawn to a scale not less than one inch to one hundred. The site plan shall include the following:

            (a)   Date, north arrow and graphic scale.

            (b)   The property owner’s name and description of proposed development.

            (c)   A vicinity sketch showing the location of the property and other properties within 1,000 feet of it.

            (d)   Property boundary lines, dimensions, and total area.

            (e)   Contour lines at intervals of not more than five feet, City datum. If substantial topographic change is proposed, the existing topography shall be illustrated on a separate map and the proposed finished topography shown on the site plan.

            (f)   The location of existing streets, sidewalks, easements, utilities, drainage courses.

            (g)   The total square feet of building floor area, both individually and collectively.

            (h)   Total number of dwelling units and the density of the development.

            (i)   All structures and major features shall be fully dimensioned including distance between structures, distance between driveways, parking areas, property lines and building height.

            (j)   Off-street parking areas, ingress and egress to the property, number of parking spaces proposed, number of parking spaces required by this code and type of surfacing.

            (k)   Pedestrian walkways with special consideration given to pedestrian safety.

            (l)   Recreation and open spaces, with special consideration given to the location, size and development of the areas in regard to adequacy, effect on privacy of adjacent living areas, and relationship to community wide open spaces and recreation facilities.

            (m)   Walls, fences or other artificial features.

            (n)   Trash and refuse enclosures.

            (o)   The general drainage pattern and location of storm water detention features.

            (p)   The general location, type and size of landscaping and ground cover illustrated in color perspective.

            (q)   A rendering, elevation or photo of the proposed development.

            (r)   Other information deemed necessary by the Code Official due to the scale of the development.

 

   3.   Construction Site Plans Review. The construction site plan review process ensures consistency with the approved preliminary site plan, all applicable municipal regulations, and adopted construction standards.

      A.   Authority. The Code Official reviews and issues final approval of construction site plans. When a subdivision plat is required by any provision of this Code of Ordinances, and such plat creates the need for extension of streets, utilities or any other new public improvements, no construction site plan approval shall be issued for any lot, parcel or tract within the proposed development until a final plat is approved and recorded.

      B.   Required Construction Site Plan Review. Construction site plan approval is required for any development requiring preliminary site plan approval, and development of any utility (sub)stations.

      C.   Construction Site Plan Submittal Requirements. All applications for construction site plan review shall include the following:

         (1)   The completed application form.

         (2)   A scaled and dimensioned site plan drawn to a scale not less than one inch to one hundred feet, prepared by a licensed engineer, landscape architect and/or architect. The site plan shall include the following:

            (a)   Date, north arrow and graphic scale.

            (b)   The property owner’s name and description of proposed development.

            (c)   A vicinity sketch showing the location of the property and other properties within 1,000 feet of it.

            (d)   Property boundary lines, dimensions, and total area.

            (e)   Contour lines at intervals of not more than five feet, City datum. If substantial topographic change is proposed, the existing topography shall be illustrated on a separate map and the proposed finished topography shown on the site plan.

            (f)   The location of existing streets, sidewalks, easements, utilities, drainage courses.

            (g)   The total square feet of building floor area, both individually and collectively.

            (h)   Total number of dwelling units and the density of the development.

            (i)   All structures and major features shall be fully dimensioned including distance between structures, distance between driveways, parking areas, property lines and building height.

            (j)   Off-street parking areas, ingress and egress to the property, number of parking spaces proposed, number of parking spaces required by this code and type of surfacing.

            (k)   Pedestrian walkways with special consideration given to pedestrian safety.

            (l)   Recreation and open spaces, with special consideration given to the location, size and development of the areas in regard to adequacy, effect on privacy of adjacent living areas, and relationship to community wide open spaces and recreation facilities.

            (m)   Walls, fences or other artificial features.

            (n)   Trash and refuse enclosures.

            (o)   Documentation demonstrating compliance with Chapter 155, entitled Construction Site Erosion and Sediment Control.

            (p)   Documentation demonstrating compliance with Chapter 156, entitled Post-Construction Storm Water Runoff Control.

            (q)   A lighting plan depicting the location, height, and type of lighting fixtures on the site and proposed buildings and a photometric plan depicting the lighting fixture locations and illumination levels.

            (r)   The location, type and size of all plants, shrubs, trees, and ground cover.

      D.   Extension of public utilities and services, dedication of right-of-way.

         (1)   The petitioner may, as a condition of the construction site plan approval, be required to install public utilities, including (but not limited to) water lines, storm sewer, sanitary sewer, street paving, fire hydrants, and such other utilities as applicable to properly serve the proposed development , to provide easements for the ingress and egress of public utility and emergency vehicles, and to dedicate right-of-way to accommodate motorized and nonmotorized transportation, parking, and utility requirements. The City and petitioner may enter into a written site plan agreement governing the installation and establishment of such utilities and accommodations necessary to satisfy public needs. Where required as a condition of a construction site plan approval, utilities shall be constructed in accordance with construction standards as established by resolution of the City Council for those portions within the public right-of-way and to be dedicated to the City, and may be required to be constructed to the same specifications for those undedicated portions where said utilities may have a direct effect on the future safety, proper functioning, and maintenance of those portions to be dedicated.

         (2)   To allow orderly development, the water lines and sanitary sewer service installed in a proposed development pursuant to subparagraph 1 above shall extend to the boundary line of the subject property, and beyond as may be determined to be necessary by the City to provide for future service to adjacent properties. The City shall require the installation of water and sewer service of sufficient size and capacity to serve the full area capable of being served by each such type of improvement, so that the City will not be required to construct parallel or duplicate facilities. If such improvements are greater in size than needed to serve the subject property itself, the City, at its discretion, may share in the expense thereof. Such cost sharing shall be according to the terms of a site plan agreement. Any payment of excess costs by the City shall be pursuant to state law.

      G.   Once a site plan is approved, the petitioner has eighteen (18) months to commence the development of the property consistent with the approved site plan and any related conditions and agreements. The development of the property shall be substantially completed within thirty-six (36) months from the date of City approval of the site plan. In the event that the petitioner fails to either commence or complete the development of the property within these timeframes, authorization to proceed with the development shall cease, and the petitioner shall be required to seek reauthorization and approval of the construction site plan. The petitioner may, however, request an extension of time from the City. If an extension is granted, it may be conditioned upon updating any security posted by the petitioner or requiring the petitioner to provide security to reflect cost increases and extended completion date.

   No land and/or building shall be occupied or used in whole or in part until a certificate of zoning compliance is issued by the Code Official recognizing that the use of land and/or building complies with zoning regulations, and/or completed site improvements are in compliance with the issued permit or approved construction site plan. The issuance of a certificate of zoning compliance by the Code Official shall be required for the following:

   1.   Completion of site improvements in accordance with an issued permit and/or approved construction site plan. A final certificate of occupancy shall not be issued prior to the issuance of a certificate of zoning compliance.

   2.   New occupancy for a non-residential use in a building or portion of a building.

   3.   Change of occupancy for a non-residential use in a building or portion of a building. A change of occupancy is defined as a change from group to another group.

   1.   Permit Required. A flood plain development permit issued by the Code Official shall be secured prior to the initiation of any flood plain development, including (but not limited to) buildings or other structures, mining, filling, grading, paving, excavation, drilling, or any other manmade change to improved or unimproved real estate.

   2.   Application for a Permit. All application for a flood plain development permit shall include the following information:

      A.   The completed application form.

      B.   Description of work to be covered by the permit for which application is made.

      C.   A plat map, in triplicate, drawn to scale, giving the description of the land on which the work is to be performed. The plat map shall include the complete legal description of the property plus such other information as deemed necessary by the Code Official to readily identify the property.

      D.   Indication of the use or occupancy for which the proposed work is intended.

      E.   Elevation of the 100-year flood with respect to the property, and such topographic information on the property itself as to allow the Code Official to ascertain the level of potential flooding prior to the permit application.

      F.   Elevation (NL datum) of the lowest habitable floor (including basement) of buildings and the level to which any building is to be flood-proofed. For any building being improved or rebuilt, the estimated cost of improvements and the market value of the building prior to the improvements shall be noted, as well as such other information as the Code Official deems reasonably necessary for the purpose of this code.

      G.   The “A” Zone classification on the FIRM for the parcel and the elevation of the crown of the nearest street.

      H.   Signed approval of the Iowa Department of Natural Resources if, within the flood plain or watercourse under its jurisdiction, any stream straightening or a variance is proposed.

      I.   Certification from a registered engineer or architect that the methods and/or materials for structural flood proofing shall meet the requirements of this code.

      J.   Plans for the flood proofing and protection of all sanitary sewer and water lines serving the development for which the permit is sought. New or replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters, and on-site waste disposal systems shall be located so as to avoid impairment or contamination.

   3.   Action on Permit Application. Upon receipt of the application, the Code Official shall forward copies of the plat map and application to the Building Official and City Engineer. Both the Building Official and City Engineer shall review and make recommendation to the Code Official as to whether the proposed development complies with the applicable standards and provisions of this code and good engineering and design practices. The Code Official shall review all comments and recommendations and shall ascertain whether the proposed development meets the applicable provisions and standards of this code, and such official shall approve or disapprove the application. In the case of disapproval, the Code Official shall, in writing, supply the petitioner the specific reasons for denial. In the review process, should information not be supplied within the original request sufficient for the Code Official to render an accurate opinion, the petitioner shall forthwith provide such additional information as is necessary to properly evaluate the permit application. Flood plain development permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this code and shall be punishable as provided in this code. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, flood proofing, and/or other flood protection measures were accomplished in compliance with the provisions of this code prior to the use of any ground or issuance of an occupancy permit for any structure.

   4.   Records. The Code Official shall maintain the following records with respect to flood plain development permit applications:

      A.   A record of all development permit applications, together with all-pertinent ancillary documents and data submitted, including permits obtained from Federal, State, or other local government agencies as necessary.

      B.   A record of the elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures, or the elevation to which new or substantially improved structures have been flood proofed.

      C.   A record of all approved permits, appeals, and variances, together with all other transactions and correspondence pertaining to the administration of this code.

   Annually, or as may otherwise be required by law, the Code Official shall prepare, file, and maintain records of all reports for the Federal Insurance Administration.

   Fees for services shall be set by resolution of the City Council.

   1.   Purpose. The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party. Zoning map amendments are also called rezonings.

   2.   Initiation. The City or a property owner in the City, or person expressly authorized in writing by the property owner, may propose a zoning text or map amendment.

   3.   Authority. The City Council, after receiving a recommendation from the Plan Commission, will take formal action on requests for zoning text or map amendments.

   4.   Procedure. All applications must be filed with the Code Official. The Code Official will schedule the consideration of the completed by the Planning Commission. Amendments initiated by the City also require an application, but are exempt from fees.

      A.   Good Neighbor Meeting. Good neighbor meetings are intended to allow an applicant to share the details of the application, answer questions, and receive feedback prior to formal consideration by the Planning Commission.

         (1)   Requirement. Good Neighbor meetings are required to be held for all rezoning applications filed by private property owners. In the event that a proposed subdivision is dependent upon the property first being rezoned, the requirements of the good neighbor meeting in accordance with Chapter 180 shall be fulfilled as long as the notice and presentation include both requests.

         (2)   Meeting Notice and Conduct.

            (a)   The City shall mail notification of the meeting to all property owners within the 200 feet of the subject property. The City may expand the notification of the neighborhood meeting if it deems warranted. The City is not required to be notified by mail of the Good Neighbor Meeting.

            (b)   The City shall post notice of the meeting on the City’s website.

            (c)   The meeting will be moderated by City staff.

         (3)   Meeting Notice Content.

            (a)   The notifications will include the time, date and location of the meeting, and a brief description of the proposed rezoning. Other information or material such as a map of the area may be included to clarify the notice.

         (4)   Timing.

            (a)   The Good Neighbor meeting shall be held a minimum of 12 days prior to the Planning Commission’s consideration of the application.

            (b)   Notifications shall be sent, delivered and/or posted no later than ten (10) days prior to the Good Neighbor meeting.

      B.   Action by the Planning Commission.

         (1)   The Planning Commission must recommend approval, approval with conditions, or denial of the application.

         (2)   The Planning Commission must evaluate the application in accordance with the approval standards of this section and evidence and/or testimony provided at the public hearing.

         (3)   The Planning Commission shall, with due diligence, prepare a preliminary report and hold public hearings thereon before submitting its final report; and such council shall not hold its public hearings or take action until it has received the final report of such commission.

      C.   Action by the City Council.

         (1)   The City Council must hold a public hearing on the application within 60 days of receipt of the Planning Commission recommendation.

         (2)   Following the public hearing, the City Council must take action in the form of approval, approval with conditions, or denial of applications. The City Council may also refer the application back to the Planning Commission for further consideration if it has deemed there are substantive changes and/or new relevant evidence and/or testimony has been provided.

         (3)   If the Planning Commission recommends denial of the application or if a protest against the rezoning is signed by 20% or more of the area of the lots included in such proposed change or by owners within 200 feet of the exterior boundaries of such proposed map amendment, it may only be approved by a favorable 3/4 vote of the City Council.

      D.   Approval Standards. The Planning Commission recommendation and the City Council decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Plan Commission and the City Council must consider the following standards. The approval of amendments is based on a balancing of these standards.

         (1)   Map Amendments.

            (a)   The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.

            (b)   The compatibility with the zoning of nearby property

            (c)   The compatibility with established neighborhood character.

            (d)   The extent to which the proposed amendment promotes the public health, safety, and welfare of the City.

            (e)   The extent to which the proposed amendment creates nonconformities.

         (2)   Zoning Text Amendments.

            (a)   The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.

            (b)   The extent to which the proposed amendment promotes the public health, safety, and welfare of the City.

            (c)   The consistency of the proposed amendment with the intent and general regulations of this Ordinance.

            (d)   Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy or change in development trends or technology.

            (e)   The extent to which the proposed amendment creates nonconformities.