Norwalk City Zoning Code
CHAPTER 175B
ZONING ORDINANCE ZONING DISTRICT REGULATIONS
175B.01 ZONING DISTRICT REGULATIONS.
This chapter sets forth the regulations for individual zoning districts with the intent to classify, regulate, and restrict land use; regulate and restrict the location of trades and industries; regulate and restrict the location of buildings designed for specified uses; regulate and restrict the height, bulk, architecture, and construction of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas; and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings. The City is hereby divided into the following zoning districts whose boundaries are indicated upon the official Zoning Map of the City of Norwalk, Iowa, which is made a part of this ordinance by reference. The use, height, area, and construction regulations are uniform in each zoning district, and said districts shall be known as:
ZONING DISTRICTS: | |
A-R | Agricultural Reserve District |
RE-1 | Single-Family Rural Estates District |
R-1(60) | Single-Family Residential District |
R-1(70) | Single-Family Residential District |
R-1(80) | Single-Family Residential District |
R-1(90) | Single-Family Residential District |
R-1(100) | Single-Family Residential District |
R-2 | One and Two-Family Residential District |
R-3 | Medium Density Multiple-Family Residential District |
R-4 | High Density Multiple-Family Residential District |
R-5 | Mobile Home Park District |
C-O | Commercial Office District |
C-1 | Neighborhood Commercial District |
C-2 | Community Commercial District |
C-3 | Highway Service Commercial District |
C-4 | Old Town Business District |
TC | Town Center Commercial District |
PC | Professional Commerce Park District |
IC | Industrial Commerce Park District |
M-1 | General Industrial District |
PUD | Planned Unit Development District |
CD | Conservation District |
175B.02 A-R ZONING DISTRICT REGULATIONS.
The regulations set forth in this section, or elsewhere in this ordinance as applicable, shall apply in the A-R Agricultural Reserve District. (ORD. 06-06)
1. Statement of Intent. The A-R District is intended to provide for the protection and preservation of agricultural land until such time as urban services are available to the area and the land is ready for development. This district recognizes the need to establish controls over certain existing agricultural areas in order to prevent the establishment of scattered small-lot subdivisions that the City is unable to provide urban services to or are not expected to be developed into urban uses in the immediate future. (ORD. 06-06)
2. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the A-R District.
A. Agriculture and the usual agricultural buildings and structures, but not including commercial livestock feed lots, livestock confinement operations, and poultry farms.
B. Specialty farming, including truck farming, tree farms, orchards, vineyards and aquaculture.
C. Single-family detached dwelling.
D. Nurseries, greenhouses, and truck gardens provided no retail sales takes place on the premises except as herein permitted.
E. Horse riding, training, husbandry and associated stables, facilities and grounds.
F. Kennels for the raising, breeding, and boarding of dogs or other small animals, providing that all buildings, including exercise runways, be at least two hundred (200) feet from all property lines.
3. Permitted Accessory Uses. The following accessory uses may exist as part of or in accessory to the permitted use:
A. Private garages or carports used in conjunction with a dwelling, provided only one detached garage is permitted.
B. Private swimming pools and tennis courts.
C. Private greenhouses not operated for commercial purposes.
D. Temporary roadside stand for the display and sale of agricultural products produced on the property with the condition that an area for parking is provided off the public street.
E. Indoor and outdoor storage of equipment, vehicles, or materials associated with a business or the employment of the owner or lessee of the site of the principal permitted use but not associated with the principal permitted use. The indoor storage area shall be limited to an area not greater than one (1) percent of the lot area up to a maximum of 12,500 square feet and the outdoor storage area shall also be limited to an area not greater than one (1) percent of the lot area up to a maximum of 12,500 square feet.
F. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
G. One accessory dwelling unit.
(Ord. 21-05 - Dec. 21 Supp.)
H. Building Mounted Solar Energy Systems
(Ord. 21-07 - Dec. 21 Supp.)
4. Special Uses. The following uses may be permitted in the A-R District subject to approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. One accessory living quarter.
B. Cemeteries, including mausoleums and crematoriums which are part of the cemetery.
C. Churches, chapels, temples, and similar places of worship.
D. Public and parochial schools (elementary and secondary), colleges, and universities.
E. Recreation areas and centers, including country clubs, swimming pools, golf courses, golf driving ranges but not including race tracks, miniature golf courses, drive-in theaters, and similar commercial uses.
F. Publicly owned parks, playgrounds, golf courses, and recreation areas.
G. The display and sale of products associated with and supportive of the principal permitted use of an orchard or vineyard, including accessory buildings and facilities.
5. Height Regulations. No building shall exceed fifty (50) feet in height, unless a greater height is permitted for a special use. There shall be no height restriction for grain bins and silos as part of an existing agricultural, farm enterprise.
6. Bulk Regulations. The following minimum requirements shall be observed in the A-R, Agricultural Reserve District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Depths |
All Uses* | 30 acres | 660 feet | 75 feet | 50 feet | 100 feet | 75 feet |
* Minimum principal building separation shall be 20 feet. All accessory structures shall comply with the principal building setbacks | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.03 RE-1 ZONING DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable shall apply in the RE-1 Single-Family Rural Estates Zoning District.
1. Statement of Intent. The RE-1 Zoning District is intended and designed to preserve existing single-family residential neighborhoods and to promote new single-family residential neighborhoods with large estate lots that are rural in character. This district is also intended for areas where sanitary sewer service is not planned for in the future.
2. Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the RE-1 Zoning District.
A. Any use permitted in the R-1 Zoning District, provided such use shall comply with the minimum requirements of the RE-1 Zoning District.
3. Permitted Accessory Uses. The following uses may exist as part of or in accessory to the principal permitted and special uses:
A. All accessory uses permitted in the R-1 Zoning Districts, provided such use shall comply with the minimum requirements of the RE-1 Zoning District.
B. Private stable, provided such building shall be located not less than fifty (50) feet from the principal building of the lot under ownership; and such building shall not be located less than one hundred (100) feet from an existing dwelling not located on the lot under ownership, or fifty (50) feet from the lot boundary, whichever is greater.
C. One (1) horse for each one-(1) acre of land in excess of the minimum required lot area. No horse shall be permitted for the minimum lot area.
D. Private kennels provided such building and fenced ground area shall be located not less than two hundred (200) feet from all property lines.
E. Building Mounted Solar Energy Systems
(Ord. 21-07 - Dec. 21 Supp.)
4. Special Uses. The following use may be permitted in the RE-1 Single-Family Rural Estates Districts subject to the approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. All special uses permitted in and as limited in the R-1 Single-Family Residential District.
5. Maximum Height Regulations. No building shall exceed thirty-five (35) feet in height, and no accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum requirements shall be observed for permitted uses in the RE-1 Single-Family Rural Estates Districts:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Depths |
Single-Family Dwelling | 40,000 square feet | 125 feet | 50 feet | 20 feet | 40 feet | 50 feet |
Other Uses* | 80,000 square feet | 200 feet | 75 feet | 50 feet | 100 feet | 50 feet |
* Minimum principal building separation for other uses shall be 20 feet. | ||||||
7. Bulk Regulations for Accessory Structures. The cumulative total gross floor area of all permitted detached accessory structures shall not exceed ten (10) percent of the lot area, and occupy more than thirty (30) percent of the rear yard. Accessory structures greater than 1,500 square feet shall be subject to the approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing. In no instance shall the accessory structure exceed the principal structure in gross building floor area.
8. Open Space and Landscaping Requirements. See Chapter 175D.
9. Off-Street Parking and Loading. See Chapter 175E.
10. Buffer Requirements. See Chapter 175F.
11. Architectural Standards. See Chapter 175G.
12. Sign Regulations. See Chapter 175H.
13. Site Plan Requirements. See Chapter 175I.
175B.04 R-1 ZONING DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance, which are applicable, shall apply in all R-1 Single-Family Residential Zoning Districts, including the R-1 (60), R-1 (70), R-1 (80), R-1 (90), and R-1 (100) Zoning Districts.
1. Statement of Intent. The R-1 Zoning Districts are intended and designed to preserve existing single-family residential neighborhoods, and to promote new single-family residential neighborhoods with a desired diversity of single-family housing sizes and costs.
2. Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the R-1 Zoning Districts of R-1 (60), R-1 (70), R-1 (80), R-1 (90), and R-1 (100).
A. A single-family dwelling on each lot. No temporary buildings, trailers, mobile homes, tents, portable or potentially portable structures shall be used for dwelling purposes. All single-family dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage that is a minimum 440 square feet in size with a minimum width of 20 feet.
(Ord. 20-24 – Jan. 21 Supp.)
B. Parks, playgrounds, golf courses, and recreation areas.
C. Agricultural crops, truck farming, tree farms, and orchards, provided that no offensive odors are created, and provided further, that no retail sales shall be permitted on the premises.
D. Churches, chapels, temples, synagogues, and similar places of worship and associated residence of clergy or ordained official of the religious organization.
E. Public and parochial elementary, junior high, and middle schools.
F. Golf, swimming, and tennis clubs or country clubs, and similar public and non-commercial privately owned uses.
G. Group quarters with more than four (4) persons who are not related by blood or marriage and do not constitute a family as defined by this ordinance shall not be permitted unless such use is permitted by over-riding state law, and if such use has adequate parking and meets all other site development requirements of this ordinance.
3. Permitted Accessory Uses. The following uses may exist as part of or in accessory to the permitted use:
A. Normal accessory buildings and structures for a dwelling, religious place of worship, and school similar to and including one private garage or carport, swimming pools, one storage building, children’s playhouse, radio and television receiving antennas, barbecue pits, playground equipment, and tennis courts. Accessory structures for nonresidential uses are subject to review by the City for compliance with architectural standards specified within Section 175G.03(2). Whenever multiple accessory structures for nonresidential uses are proposed with the principal use, the accessory structures are subject to site plan review by the Planning and Zoning Commission and City Council which may include compliance with architectural requirements of Subsection 175B.04(7) for cumulative accessory floor area upon a recommendation from the Planning and Zoning Commission.
B. Normal accessory buildings and structures for public recreation areas such as refreshment stands, playground equipment, all-weather shelters, tennis courts, and barbecue pits.
C. Normal accessory buildings and structures associated with the keeping of domestic animals similar to and including cats, dogs, birds, and tropical fish.
D. Private flower and vegetable gardening for non-commercial gain.
E. Private greenhouses and horticultural nurseries not exceeding three hundred (300) square feet for non-commercial gain.
F. Day care home.
G. The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two (2) per dwelling unit.
H. Home occupations permitted and limited by Section 175A.32 of this ordinance.
I. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
J. Temporary use of a structure within a new subdivision as a job office and real estate office for the subject subdivision, which use shall terminate upon completion or abandonment of the project.
K. The keeping of chickens in accordance with Section 55.17 of this Code of Ordinances, Urban Chickens.†6 The necessary chicken enclosure is also allowed, provided the following standards are met:
(1) The enclosure is covered and fully enclosed.
(2) The enclosure shall have a latch mechanism or lock to ensure that access to the enclosure remains secure.
(3) The enclosure provides a minimum of 5 square feet per chicken.
(4) The enclosure shall have a minimum height of four feet.
(5) The enclosure shall be located inside a fenced area that provides a minimum of 10 square feet per chicken, excluding the square footage of the enclosure. The fence shall have a minimum height of 6 feet.
(6) The enclosure shall not be located closer than 25 feet to any principal structure on an adjacent lot.
(7) No chickens shall be allowed to run at large.
(8) No wire mesh (chicken wire) shall be allowed as a material for fencing around the enclosure.
(Ord. 16-13 – May 19 Supp.)
L. Building Mounted Solar Energy Systems
(Ord. 21-07 - Dec. 21 Supp.)
4. Special Uses. The following use may be permitted in the R-1 Single-Family Residential Districts subject to the approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. Cemeteries, including mausoleums, and crematoriums which are part of the cemetery.
B. High schools, colleges and universities, and accessory facilities, both public and privately owned (this does not include bus storage and maintenance facilities).
C. Any nonresidential principal permitted use which exceeds the maximum height for a building.
5. Maximum Height Regulations. No building shall exceed thirty-five (35) feet in height, and no accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum requirements shall be observed for single-family dwellings in each of the following R-1 Single-Family Residential Districts and, other uses in any of the R-1 Districts:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
R-1(60)^ | 7,500 sq. ft. | 60 feet | 30 feet | 7 feet | 15 feet | 35 feet |
R-1(70)^ | 8,750 sq. ft. | 70 feet | 30 feet | 7 feet | 17 feet | 35 feet |
R-1(80)^ | 10,000 sq. ft. | 80 feet | 35 feet | 8 feet | 20 feet | 35 feet |
R-1(90)^ | 11,250 sq. ft. | 90 feet | 35 feet | 10 feet | 22 feet | 35 feet |
R-1(100)^ | 15,000 sq. ft. | 100 feet | 40 feet | 12 feet | 25 feet | 40 feet |
Other uses* | 80,000 sq. ft. | 200 feet | 50 feet | 50 feet | 100 feet | 50 feet |
* Minimum principal building separation for other uses shall be 20 feet.
^ Covered front porches that are fully open and not enclosed may encroach eight (8) feet into the front yard setback. | ||||||
7. Bulk Regulations for Accessory Structures. The cumulative total gross floor area of all permitted detached accessory structures shall not exceed ten (10) percent of the lot area, and occupy more than thirty (30) percent of the rear yard. Accessory structures greater than 1,000 square feet shall be subject to the approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing. In no instance shall the accessory structure exceed the principal structure in building area or gross floor area.
8. Open Space and Landscaping Requirements. See Chapter 175D.
9. Off-Street Parking and Loading. See Chapter 175E.
10. Buffer Requirements. See Chapter 175F.
11. Architectural Standards. See Chapter 175G.
12. Sign Regulations. See Chapter 175H.
13. Site Plan Requirements. See Chapter 175I.
175B.05 R-F ZONING DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance, which are applicable, shall apply to the R-F Single-Family Town Center Residential Zoning District.
1. Statement of Intent. The R-F Zoning District is intended and designed to preserve and maintain the existing single-family residential neighborhoods in the original town areas with a desired diversity of single-family housing sizes and costs.
2. Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the R-F Zoning District.
A. A single-family dwelling on each lot. No temporary buildings, trailers, mobile homes, tents, portable or potentially portable structures shall be used for dwelling purposes. All single-family dwellings constructed after the date of adoption of this ordinance shall have no less than 1 car garage that is a minimum 10 feet in width and 20 feet in depth.
B. Parks, playgrounds, golf courses, and recreation areas.
C. Agricultural crops, truck farming, tree farms, and orchards, provided that no offensive odors are created, and provided further, that no retail sales shall be permitted on the premises.
D. Churches, chapels, temples, synagogues, and similar places of worship and associated residence of clergy or ordained official of the religious organization. (ORD. 02-04)
E. Public and parochial elementary, junior high, and middle schools.
F. Golf, swimming, and tennis clubs or country clubs, and similar public and non-commercial privately owned uses.
G. Group quarters with more than four (4) persons who are not related by blood or marriage and do not constitute a family as defined by this ordinance shall not be permitted unless such use is permitted by over-riding state law, and if such use has adequate parking and meets all other site development requirements of this ordinance.
3. Permitted Accessory Uses. The following uses may exist as part of or in accessory to the permitted use:
A. Normal accessory buildings and structures for a dwelling, religious place of worship, and school similar to and including one private garage or carport, swimming pools, one storage building, children’s playhouse, radio and television receiving antennas, barbecue pits, playground equipment, and tennis courts. Accessory structures for non-residential uses are subject to review by the City for compliance with architectural standards specified within Section 175G.03(2). Whenever multiple accessory structures for nonresidential uses are proposed with the principal use, the accessory structures are subject to site plan review by the Planning and Zoning Commission and City Council which may include compliance with architectural requirements of Subsection 175B.04(7) for cumulative accessory floor area upon a recommendation from the Planning and Zoning Commission.
B. Normal accessory buildings and structures for public recreation areas such as refreshment stands, playground equipment, all-weather shelters, tennis courts, and barbecue pits.
C. Normal accessory buildings and structures associated with the keeping of domestic animals similar to and including cats, dogs, birds, and tropical fish.
D. Private flower and vegetable gardening for non-commercial gain.
E. Private greenhouses and horticultural nurseries not exceeding three hundred (300) square feet for non-commercial gain.
F. Day care home.
G. The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two (2) per dwelling unit.
H. Home occupations permitted and limited by Section 175A.32 of this ordinance.
I. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
J. Temporary use of a structure within a new subdivision as a job office and real estate office for the subject subdivision, which use shall terminate upon completion or abandonment of the project.
K. Building Mounted Solar Energy Systems
(Ord. 21-07 - Dec. 21 Supp.)
4. Special Uses. The following use may be permitted in the R-1 Single-Family Residential Districts subject to the approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. Cemeteries, including mausoleums, and crematoriums which are part of the cemetery.
B. High schools, colleges and universities, and accessory facilities, both public and privately owned (this does not include bus storage and maintenance facilities).
C. Any nonresidential principal permitted use which exceeds the maximum height for a building.
5. Maximum Height Regulations. No building shall exceed thirty-five (35) feet in height, and no accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum requirements shall be observed for single-family dwellings in each of the following R-1 Single-Family Residential Districts and, other uses in any of the R-1 Districts:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
R-F* | 7,500 sq. ft. | 60 feet | 25 feet | 7 feet | 15 feet | 25 feet |
Other uses^ | 80,000 sq. ft. | 200 feet | 50 feet | 50 feet | 100 feet | 50 feet |
* Single-family dwellings on corner lots may have one of the front yard setbacks reduced to 10 feet provided the other front yard setback of 25 feet is maintained or provided. Covered front porches that are fully open and not enclosed may encroach eight (8) feet into the 25 foot front yard setback.
^ Minimum Principal Building separation for Other Uses shall be 20 feet. | ||||||
7. Bulk Regulations for Accessory Structures. The cumulative total gross floor area of all permitted detached accessory structures shall not exceed ten (10) percent of the lot area, and occupy more than thirty (30) percent of the rear yard. Accessory structures greater than 1,000 square feet shall be subject to the approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing. In no instance shall the accessory structure exceed the principal structure in building area or gross floor area.
8. Open Space and Landscaping Requirements. See Chapter 175D.
9. Off-Street Parking and Loading. See Chapter 175E.
10. Buffer Requirements. See Chapter 175F.
11. Architectural Standards. See Chapter 175G.
12. Sign Regulations. See Chapter 175H.
13. Site Plan Requirements. See Chapter 175I.
175B.06 R-2 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the R-2, One and Two-Family Residential District.
1. Statement of Intent. The R-2 Zoning District is intended and designed to preserve certain medium density residential areas now developed with one-family and two-family dwellings, and permit additional areas to develop with one and two-family dwellings.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the R-2 District.
A. A single-family dwelling on each lot. No temporary buildings, trailers, mobile homes, tents, portable or potentially portable structures shall be used for dwelling purposes. All single-family dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage that is a minimum 440 square feet in size with a minimum width of 20 feet.
B. Two-family dwellings. All two-family dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage per dwelling unit that is a minimum 440 square feet in size with a minimum width of 20 feet.
C. One and Two-Family Dwellings - Rowhouse / Townhomes. All one and two-family rowhouse and townhome dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage per dwelling unit that is a minimum 440 square feet in size with a minimum width of 20 feet.
(Ord. 20-24 – Jan. 21 Supp.)
D. Parks, playgrounds, golf courses, and recreation areas.
E. Agricultural crops, truck farming, tree farms, and orchards, provided that no offensive odors are created, and provided further, that no retail sales shall be permitted on the premises.
F. Churches, chapels, temples, synagogues, and similar places of worship and associated residence of clergy or ordained official of the religious organization. (ORD. 02-04)
G. Public and parochial elementary, junior high, and middle schools.
H. Golf, swimming, and tennis clubs or country clubs, and similar public and non-commercial privately owned uses.
I. Group quarters with more than four (4) persons who are not related by blood or marriage and do not constitute a family as defined by this ordinance shall not be permitted unless such use is permitted by over-riding state law, and if such use has adequate parking and meets all other site development requirements of this ordinance.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted and special uses:
A. All accessory uses permitted in and as limited in the R-1 Zoning Districts.
4. Special Uses. The following uses may be permitted in the R-2 One- and Two-Family Residential District subject to the approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. All special uses permitted in and as limited in the R-1 Single-Family Residential District.
5. Maximum Height Regulations. No principal building shall exceed thirty-five (35) feet in height, and no accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum requirements shall be observed for the R-2, One and Two-Family Residential District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
Single Family* | 8,125 sq. ft. | 65 feet | 25 feet | 7 feet | 15 feet | 35 feet |
Two-Family* | 12,500 sq. ft. | 100 feet | 25 feet | 10 feet | 20 feet | 35 feet |
One and Two-Family Rowhouse/
Townhouses | ** | ** | ** | ** | ** | ** |
Other uses^ | 80,000 sq. ft. | 200 feet | 50 feet | 50 feet | 100 feet | 50 feet |
* Covered front porches that are fully open and not enclosed may encroach eight (8) feet into the front yard setback.
^ Minimum principal building separation for other uses shall be 20 feet.
** One and Two-Family Rowhouse / Townhouse - a rowhouse or townhouse, with two attached dwelling units, wherein the owner of the dwelling unit owns the lot beneath the dwelling unit, shall be permitted in the R-2 District provided the lot for one dwelling has a minimum area of six thousand two hundred fifty (6,250) square feet, minimum width of fifty (50) feet and minimum side yard setback of zero (0) feet at the side lot line where the two dwellings are attached. Subject to the requirements of City Code Section 175A.36, public street frontage shall not be required for townhouse lots which are part of a complex which does not require a public street as part of the City's transportation network and is master planned with a private common roadway serving the townhouse lots and maintained by an association of townhouse homeowners. A private, common roadway serving a complex of two-family townhouse dwellings shall not be greater than 660 feet in length for a cul-de-sac and 1,320 feet for a through street, which shall be intended to serve only dwellings within the complex. Individual townhouse lots shall not have minimum setback, lot width and area requirements, provided the tract of land encompassing the townhouse lots and common areas has public street frontage; a minimum width of one hundred (100) feet; a minimum area of forty thousand (40,000) square feet; maximum density of five (5) dwelling units per acre, minimum separation of fifteen (15) feet side to side and 30 ft. back to back or back to side between residential buildings; minimum separation of twenty-five (25) feet between a residential building and common private roadways; and a minimum building setback of thirty (30) feet from all boundaries of the complex, including public streets. The development of a townhouse complex shall require the approval of a site plan in accordance with the provisions of Chapter 175I, Site Plans, and approval of Homeowners Association documents by the City which establishes provisions for maintenance of common areas. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.07 R-3 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the R-3 Medium Density Multiple-Family Residential District.
1. Statement of Intent. The R-3 Zoning District is intended and designed for medium density residential areas of the City now developed with multiple-family dwellings and to permit additional areas to develop with medium density multiple-family dwellings.
2. Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the R-3 Zoning District.
A. Two-family dwellings. All two-family dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage per dwelling unit that is a minimum of 440 square feet in size with a minimum width of 20 feet.
B. One and Two-Family Dwellings - Rowhouse / Townhomes, not exceeding five (5) dwelling units per acre of lot area excluding public street right-of-way. All one and two-family rowhouse and townhome dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage per dwelling unit that is a minimum 440 square feet in size with a minimum width of 20 feet.
(Ord. 20-24 – Jan. 21 Supp.)
C. Multiple-Family Dwellings - Rowhouse / Townhomes, not exceeding twelve (12) dwelling units per acre of lot area excluding public street right-of-way and no greater than eight (8) dwelling units in a row or 8 units back-to-back per building. All multi-family dwelling buildings shall contain no fewer than 3 separate dwelling units and all units shall be horizontally attached only. All multiple-family dwellings shall have no less than one garage space for each unit. The garage space may be attached or detached and shall be a minimum 10 feet in width and 20 feet in depth. The number of garage spaces required for each dwelling unit shall be for the exclusive use of the occupants of each dwelling unit. Garage spaces may not be transferred for use by another tenant or separate individual or entity.
D. Parks, playgrounds, golf courses, and recreation areas.
E. Agricultural crops, truck farming, tree farms, and orchards, provided that no offensive odors are created, and provided further, that no retail sales shall be permitted on the premises.
F. Group quarters with more than four (4) persons who are not related by blood or marriage and do not constitute a family as defined by this ordinance shall not be permitted unless such use is permitted by over-riding state law, and if such use has adequate parking and meets all other site development requirements of this ordinance.
G. Child care center, day nursery or nursery school licensed by the State of Iowa, provided no building, structure, or accessory use for property so used is located less than twenty-five (25) feet from any adjoining RE-1, R-1, or R-2 District boundary; and provided there is established and well maintained in connection therewith a completely fenced play lot of no less than one thousand (1,000) square feet in area for the first twenty (20) or less children under care, with twenty-five (25) square feet added to such play lot area for each additional designated child capacity of the principal building.
H. Churches, chapels, temples, synagogues, and similar places of worship.
I. Public and parochial schools (elementary and secondary), colleges and universities.
J. Cemeteries, including mausoleums and crematoriums.
K. Golf, swimming, and tennis clubs on country clubs and similar public and non-commercial privately owned uses.
L. Museums and libraries not operated for profit.
M. Buildings and uses owned by a city, county, state or other political subdivision which are operated for the social benefit or convenience of the public, but excluding equipment storage yards and garages which are operated and maintained for the necessary business and industrial service of the community.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses.
A. All accessory uses permitted in and as limited in the R-2 Zoning District, provided such use shall comply with the minimum requirements of the R-3 Zoning District.
B. Management and sales offices associated and accessory to a multiple-family residential dwelling complex.
C. Recreation and service centers when provided as part of a multiple-family townhouse complex, and limited primarily for use by residents and their guests.
4. Special Uses. The following use may be permitted in the R-3 Medium Density Multiple-Family Residential District subject to the approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. All special uses permitted in and as limited in the R-2 One- and Two-Family Residential District.
5. Maximum Height Regulations. No principal building shall exceed thirty-five (35) feet in height, and no accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the R-3 Medium Density Multiple-Family Dwelling District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
Child Care Center^ | 40,000 sq. ft. | 150 feet | 35 feet | 25 feet | 50 feet | 35 feet |
Two-Family* | 12,500 sq. ft. | 100 feet | 25 feet | 10 feet | 20 feet | 35 feet |
One and Two-Family Rowhouse/
Townhouses* | *** | *** | *** | *** | *** | *** |
Multi-Family Rowhouse/
Townhouses* | *** | *** | *** | *** | *** | *** |
Other uses^ | 80,000 sq. ft. | 200 feet | 35 feet ** | 50 feet** | 100 feet | 35 feet** |
* Covered front porches that are fully open and not enclosed may encroach eight (8) feet into the front yard setback.
^ Minimum principal building separation for child care center and other uses shall be 20 feet, and all accessory structures shall comply with the principal building setbacks.
** An additional 10 feet of setback required for each building story.
*** One and Two-Family Rowhouse / Townhouse - a rowhouse or townhouse, wherein the owner of the dwelling unit owns the lot beneath the dwelling unit, shall be permitted in the R-3 District provided the lot for one dwelling has a minimum area of six thousand two hundred fifty (6,250) square feet, minimum width of fifty (50) feet and minimum side yard setback of zero (0) feet at the side lot line where the two dwellings are attached. Subject to the requirements of City Code Section 175A.36, public street frontage shall not be required for townhouse lots which are part of a complex which does not require a public street as part of the City’s transportation network and is master planned with a private common roadway serving the townhouse lots and maintained by an association of townhouse homeowners. A private, common roadway serving a complex of two-family townhouse dwellings shall not be greater than 660 feet in length for a cul-de-sac and 1,320 feet for a through street, which shall be intended to serve only dwellings within the complex. Individual townhouse lots shall not have minimum setback, lot width and area requirements, provided the tract of land encompassing the townhouse lots and common areas has public street frontage; a minimum width of one hundred (100) feet; a minimum area of forty thousand (40,000) square feet; maximum density of five (5) dwelling units per acre, minimum separation of fifteen (15) feet side to side and 30 ft. back to back or back to side between residential buildings; minimum separation of twenty-five (25) feet between a residential building and common private roadways; and a minimum building setback of thirty (30) feet from all boundaries of the complex, including public streets. The development of a townhouse complex shall require the approval of a site plan in accordance with the provisions of Chapter 175I, Site Plans, and approval of Homeowners Association documents by the City which establishes provisions for maintenance of common areas.
*** Multiple-Family Rowhouses / Townhouses - a rowhouse or townhouse, wherein the owner of the dwelling unit which is attached to 2 or more row dwellings owns the lot beneath the dwelling unit, shall be permitted in the R-3 District, provided the lot for one dwelling has a minimum lot area of 3,125 square feet per dwelling unit, minimum width of twenty (20) feet and no minimum setback from a townhouse lot line required. Subject to the requirements of City Code Section 175A.36, public street frontage shall not be required for townhouse lots which are part of a complex which does not require a public street as part of the City’s transportation network, and is master planned with a private, common roadway serving the townhouse lots and maintained by an association of townhouse homeowners. A private, common roadway serving a complex of dwellings shall not be greater than 660 feet in length for a dead-end cul-de-sac and 1,320 feet for a through street which shall be intended to serve only dwellings within the complex. The tract of land encompassing the townhouse lots and common areas shall have public street frontage with a minimum width of 200 feet, a minimum area of two (2) acres, maximum density of twelve (12) dwellings per acre, minimum separation of 15 feet side to side and 30 ft. back to back or back to side between residential buildings, minimum separation of 25 feet between a residential building and common private roadways and a minimum setback of thirty (30) feet from all boundaries of the complex, including public streets. The development of a townhouse complex shall require the approval of a site plan in accordance with the provisions of Chapter 17.80, 175I, and approval of Homeowners Association documents by the City, which establishes provisions for maintenance of common areas. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.08 R-4 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the R-4 High Density Multiple-Family Residential District.
1. Statement of Intent. The R-4 Zoning District is intended and designed for high density residential areas of the City now developed with multiple-family dwellings, and to permit additional areas to develop with high density multiple-family dwellings.
2. Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the R-4 Zoning District.
A. Two-family dwellings. All two-family dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage per dwelling unit that is a minimum 440 square feet in size with a minimum width of 20 feet.
B. One and Two-Family Dwellings - Rowhouse / Townhomes, not exceeding five (5) dwelling units per acre of lot area excluding public street right-of-way. All one and two-family rowhouse and townhome dwellings constructed after the date of adoption of this ordinance shall have no less than a 2 car garage per dwelling unit that is a minimum 440 square feet in size with a minimum width of 20 feet.
(Ord. 20-24 – Jan. 21 Supp.)
C. Multiple-Family Dwellings - Rowhouse / Townhomes, not exceeding twelve (12) dwelling units per acre of lot area excluding public street right-of-way and no greater than eight (8) dwelling units in a row or 8 units back-to-back per building. All multi-family dwelling buildings shall contain no fewer than 3 separate dwelling units and all units shall be horizontally attached only.
(1) All multiple-family dwellings shall have no less than one garage space for each unit. The garage space may be attached or detached and shall be a minimum 10 feet in width and 20 feet in depth. The number of garage spaces required for each dwelling unit shall be for the exclusive use of the occupants of each dwelling unit. Garage spaces may not be transferred for use by another tenant or separate individual or entity.
D. Multiple-Family Dwelling – Apartments, with no less than 3 dwelling units attached vertically and not exceeding eighteen (18) dwelling units per acre of lot area excluding public street right-of-way.
(1) All multiple-family dwellings shall have no less than 70% garage spaces each dwelling unit. The garage space may be attached or detached and shall be a minimum 10 feet in width and 20 feet in depth. The number of garage spaces required for each dwelling unit shall be for the exclusive use of the occupants of each dwelling unit. Garage spaces may not be transferred for use by another tenant of separate individual or entity Multi-family dwellings designed as a senior living complex, which restricts the age of residents, shall be exempted from this requirement.
(Ord. 16-01 and Ord. 18-09 – May 19 Supp.)
E. Parks, playgrounds, golf courses, and recreation areas.
F. Agricultural crops, truck farming, tree farms, and orchards, provided that no offensive odors are created, and provided further, that no retail sales shall be permitted on the premises.
G. Group quarters with more than four (4) persons who are not related by blood or marriage and do not constitute a family as defined by this ordinance shall not be permitted unless such use is permitted by over-riding state law, and if such use has adequate parking and meets all other site development requirements of this ordinance.
H. Child care center, day nursery or nursery school licensed by the State of Iowa, provided no building, structure, or accessory use for property so used is located less than twenty-five (25) feet from any adjoining RE-1, R-1, or R-2 District boundary; and provided there is established and well maintained in connection therewith a completely fenced play lot of no less than one thousand (1,000) square feet in area for the first twenty (20) or less children under care, with twenty-five (25) square feet added to such play lot area for each additional designated child capacity of the principal building.
I. Churches, chapels, temples, synagogues, and similar places of worship.
J. Public and parochial schools (elementary and secondary), colleges and universities.
K. Cemeteries, including mausoleums and crematoriums.
L. Golf, swimming, and tennis clubs on country clubs and similar public and non-commercial privately owned uses.
M. Museums and libraries not operated for profit.
N. Buildings and uses owned by a city, county, state or other political subdivision which are operated for the social benefit or convenience of the public, but excluding equipment storage yards and garages which are operated and maintained for the necessary business and industrial service of the community.
O. Assisted living residential facilities, boarding house, nursing or convalescent home, dormitories, or other group quarters, not exceeding eighteen (18) dwelling units per acre of lot area exclusive of public street right-of-way, or for those facilities which do not provide separate living quarters defined as dwelling units within this ordinance, a maximum of thirty-six (36) beds or residents per acre of lot area exclusive of public street right-of-way.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted and special uses.
A. All accessory uses permitted in and as limited in the R-3 Zoning District provided such use shall comply with the minimum requirements of the R-4 Zoning District.
B. Retail establishments and refreshment stands accessory to the principal building or complex of principal buildings; provided; however, there shall be no access to such place of retail use except from the inside of the principal building, complex, or internal courtyard, nor shall any identification signage, display of stock, goods or advertising for such be so arranged that it can be viewed from outside the principal building or complex.
4. Special Uses. The following use may be permitted in the R-4 High Density Multiple-Family Residential District subject to the approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J after notice and public hearing.
A. All special uses permitted in and as limited in the R-3 Medium Density Multiple-Family Residential District.
5. Maximum Height Regulations. No principal building shall exceed thirty-five (35) feet in height, at the required front, side and rear yard building lines, except one (1) foot may be added to the building’s height for each additional one (1) foot that the building or portion thereof is set back from the minimum required setbacks. However, in no instance shall a building exceed a height of one hundred twenty-five (125) feet. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the R-4 High Density Multiple-Family Residential District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
Child Care Center^ | 40,000 sq. ft. | 150 feet | 35 feet | 25 feet | 50 feet | 35 feet |
Two-Family* | 12,500 sq. ft. | 100 feet | 25 feet | 10 feet | 20 feet | 35 feet |
One and Two-Family Rowhouse/
Townhouses* | *** | *** | *** | *** | *** | *** |
Multi-Family Rowhouse/
Townhouses* | *** | *** | *** | *** | *** | *** |
Multi-Family Apartments & Other uses^ | 80,000 sq. ft. | 200 feet | 35 feet** | 25 feet** | 50 feet | 35 feet** |
* Covered front porches that are fully open and not enclosed may encroach eight (8) feet into the front yard setback.
^ Minimum principal building separation for child care center and other uses shall be 20 feet. The minimum principal building separation for multiple-family dwellings shall be 10 feet per each building story in height. All accessory structures shall comply with the principal building setbacks.
** An additional 10 ft of setback required for each building story.
*** One and Two-Family Rowhouse / Townhouse - a rowhouse or townhouse, wherein the owner of the dwelling unit owns the lot beneath the dwelling unit, shall be permitted in the R-4 District provided the lot for one dwelling has a minimum area of six thousand two hundred fifty (6,250) square feet, minimum width of fifty (50) feet and minimum side yard setback of zero (0) feet at the side lot line where the two dwellings are attached. Subject to the requirements of City Code Section 175A.36, public street frontage shall not be required for townhouse lots which are part of a complex which does not require a public street as part of the City’s transportation network and is master planned with a private common roadway serving the townhouse lots and maintained by an association of townhouse homeowners. A private, common roadway serving a complex of two-family townhouse dwellings shall not be greater than 660 feet in length for a cul-de-sac and 1,320 feet for a through street, which shall be intended to serve only dwellings within the complex. Individual townhouse lots shall not have minimum setback, lot width and area requirements, provided the tract of land encompassing the townhouse lots and common areas has public street frontage; a minimum width of one hundred (100) feet; a minimum area of forty thousand (40,000) square feet; maximum density of five (5) dwelling units per acre, minimum separation of fifteen (15) feet side to side and 30 ft. back to back or back to side between residential buildings; minimum separation of twenty-five (25) feet between a residential building and common private roadways; and a minimum building setback of thirty (30) feet from all boundaries of the complex, including public streets. The development of a townhouse complex shall require the approval of a site plan in accordance with the provisions of Chapter 175I, Site Plans, and approval of Homeowners Association documents by the City which establishes provisions for maintenance of common areas.
*** Multiple-Family Rowhouses / Townhouses - a rowhouse or townhouse, wherein the owner of the dwelling unit which is part of two or more row dwellings owns the lot beneath the dwelling unit, shall be permitted in the R-3 District, provided the lot for one dwelling has a minimum lot area of 3,125 square feet per dwelling unit, minimum width of twenty (20) feet and no minimum setback from a townhouse lot line required. Subject to the requirements of City Code Section 175A.36, public street frontage shall not be required for townhouse lots which are part of a complex which does not require a public street as part of the City’s transportation network, and is master planned with a private, common roadway serving the townhouse lots and maintained by an association of townhouse homeowners. A private, common roadway serving a complex of dwellings shall not be greater than 660 feet in length for a dead-end cul-de-sac and 1,320 feet for a through street which shall be intended to serve only dwellings within the complex. The tract of land encompassing the townhouse lots and common areas shall have public street frontage with a minimum width of 200 feet, a minimum area of two (2) acres, maximum density of twelve (12) dwellings per acre, minimum separation of 15 feet side to side and 30 ft. back to back or back to side between residential buildings, minimum separation of 25 feet between a residential building and common private roadways and a minimum setback of thirty (30) feet from all boundaries of the complex, including public streets. The development of a townhouse complex shall require the approval of a site plan in accordance with the provisions of Chapter 175I, Site Plans, and approval of Homeowners Association documents by the City, which establishes provisions for maintenance of common areas. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.09 R-5 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the R-5, Mobile Home Park District.
1. Statement of Intent. The R-5 District is intended and designed for medium density residential areas of the City which permits development of mobile home parks, and by reason of their design and location, will be compatible with adjoining and nearby land uses.
2. Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the R-5 District.
A. Any principal permitted use in the R-3, Medium-Density Multiple-Family Residential District, and such uses shall comply with the minimum requirements of the R-3 District.
B. Mobile Home Parks, in accordance with the provisions of this sub-section and master planned as a complex with a minimum of fifty (50) mobile homes required.
3. Permitted Accessory Uses. The following uses are permitted as part of, or in accessory to the principal permitted uses, provided accessory buildings shall not occupy more than five (5) percent of the gross site area of a mobile home park.
A. All accessory uses permitted in and as limited in the R-3 Zoning District.
B. Recreation buildings and facilities including club house, game courts, swimming pools, and play fields, limited to use by residents and their guests.
C. Management and sales offices associated and accessory to a mobile home park complex, provided that display areas for sale of mobile homes shall not be greater than five percent (5%) of the site area, and shall comply with the bulk regulations set forth in Subsection 6.
D. Service buildings that allow placement of vending equipment or laundry facilities limited to use by residents and their guests.
E. Storm shelter facilities shall be required as part of a mobile home park, and shall be in compliance with all applicable codes to house residents in the event of threatening weather conditions. See Subsection 175B.08(12).
4. Special Uses. The following uses may be permitted in the R-5 District subject to approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing.
A. All special uses permitted in and as limited in the R-3 Medium-Density Multiple Family Residential District.
5. Maximum Height Regulations. All uses which are permitted in the R-3 Medium-Density Multiple-Family Residential District shall comply with the maximum height regulations of the R-3 Zoning District. No building within a mobile home park shall exceed thirty-five (35) feet in height and no accessory garage or storage building shall exceed fifteen (15) feet in height.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the R-5 District, except uses permitted in the R-3 District shall comply with R-3 District Bulk Regulations:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
Mobile Home Park | 400,000 sq. ft. | 300 feet | * | * | * | * |
Other uses | 80,000 sq. ft. | 200 feet | 50 feet | 25 feet | 50 feet | 50 feet |
* The minimum area of a site or lot permitted for occupancy by an individual mobile home within a mobile home park shall be six thousand (6,000) square feet and shall have a minimum dimension of fifty (50) feet by one hundred twenty (120) feet. Mobile homes shall be located on each lot so there is a minimum twenty (20) foot clearance between each mobile home, five (5) feet of open space between the mobile home and any detached accessory building or walkway, and ten (10) feet of setback between the mobile home and the rear and side lot boundaries. All mobile homes shall maintain a minimum setback of seventy-five (75) feet from a public street right of way, thirty (30) feet from a private street, and thirty-five (35) feet from the boundary of the mobile home park. Accessory buildings shall not be located in the front yard of a mobile home, or between the mobile home and a public or private street. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F. In addition to the requirements of Chapter 175F, mobile home parks shall be screened from public street view and any other R District with a landscape buffer, which may be incorporated as part of the yard setback.
10. Architectural Standards. See Chapter 175G. In addition to the requirements of Chapter 175G, all parts of a mobile home, including building additions, shall be skirted within thirty (30) days after occupancy with skirting material standardized by restrictive covenants established for the mobile home park and approved by the City at the time of site plan review. The developer shall submit to the City for approval, covenants establishing standards for maintenance and construction of skirting and building additions (steps, decks, porches, etc.) which require adequate structural integrity, compatible appearance, and standards to keep property clean and in good repair. Skirting shall be of a permanent type material enclosing the open space between the bottom of the mobile home’s floor and the ground or pad elevation, and structurally sufficient to withstand high winds. Tie-down and anchors shall be provided on every mobile home stand. Each anchor or tie-down shall be able to sustain a minimum tensile strength of two thousand eight hundred (2,800) pounds or as required by any other applicable codes.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I. Site plans shall be submitted for approval of a mobile home park, and shall address all requirements as set forth in Chapter 175I, including the proposed location of mobile home pads (spaces), architectural standards, buffers, and development staging. A storm shelter or shelters shall be shown on the site plan, constructed as part of a mobile home park, and shall have adequate occupancy to accommodate all residents of the mobile home park with a minimum of thirty (30) square feet of floor area provided for each mobile home planned. All internal streets, storm drainage facilities, sanitary sewers, and water mains and appurtenances, both public or privately owned, shall comply with City of Norwalk standard specifications for public improvements. Traffic control and directional signage shall be shown on the site plan, installed, and maintained in a manner acceptable to the City.
175B.10 C-O COMMERCIAL OFFICE DISTRICT.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the C-O Commercial Office District.
1. Statement of Intent. The C-O District is intended to serve both neighborhoods and the community with the development of professional, semi-professional, and public service buildings and office buildings.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the C-O District.
A. Professional and semi-professional office buildings for the following:
Abstract title
Accountants and bookkeeping
Actuaries
Advertising (no shops)
Adjusters (insurance)
Aerial survey and photography
Appraisers - no sale or rental of any type of merchandise or equipment
Architects
Attorneys
Auditors
Banks and financial institutions
Business analysts - counselors or brokers
Building contractors, office only (no shops or storage)
Chiropractors
Consulates
Counseling, child guidance and family service
Court reporter and public stenographers
Credit reporting
Dentists
Detective agencies and investigating services
Drafting and plan services
Engineers, professional
Insurance and bonds
Manufacturer's agents
Market research
Medical doctors and practitioners
Model agencies or schools
Mortgage brokers
Notary public
Opticians
Optometrists
Podiatrists
Public libraries
Public relations
Radio and television production and broadcast studios
Real estate
Real estate management
Secretarial services
Shoppers information services
Social service bureaus
Stock broker exchanges, investment services
Tax consultants
Telephone answering services
Theater ticket agencies
Travel agencies
Zoning consultants
B. Clinics or group medical centers, including dental clinics, but not including animal clinics.
C. Day care center, day nursery or nursery school, licensed in the State of Iowa, provided no building, structure, or accessory use for property so used is located less than twenty-five (25) feet from any other principal building on any other lot in an R District; and provided there is established and well maintained in connection therewith a completely fenced play lot of no fewer than one thousand (1,000) square feet in area for the first twenty (20) or less children under care, with twenty-five (25) square feet added to such play lot area for each additional designated child capacity of the principal building.
D. Public and parochial schools (elementary and secondary), colleges and universities.
E. Professional business training school, whose functions are wholly contained within the structures, or otherwise effectively conceals its functions from visual, olfactory, or auditory observation outside the premises.
F. Health and athletic fitness centers and clubs with all indoor facilities.
G. Church, chapel, temple, synagogue and similar place of worship, and associated residence of clergy or ordained official of the religious organizations.
H. Funeral homes and mortuaries.
I. Buildings and uses owned by a county, city and county, city or other political subdivision which are operated for the social benefit or convenience of the public, but excluding equipment storage yards and garages which are operated and maintained for the necessary business and industrial service of the community.
J. Museums and libraries not operated for profit.
K. Swimming, athletic, and tennis clubs or country clubs and similar public and privately owned uses with outdoor facilities, by special use permit.
L. Any use which is found by the Zoning Administrator to be similar to one of the above named uses and, in his/her opinion, conforms to the intent of this subsection.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted uses:
A. Retail establishments and refreshment stands accessory to principal buildings; provided, however, there shall be no access to such place of retail use except from the inside of the principal building, complex, or internal courtyard, nor shall any identification signage, display of stock, goods or advertising for such be so arranged that it can be viewed from outside the principal building.
B. Storage areas incidental to the principal use, but not to exceed a floor area which is equal to twenty-five (25) percent of the floor area used by the principal use, and such storage shall be wholly contained within the principal building.
C. Temporary use of buildings or trailers for uses incidental to construction work, which buildings or trailers shall be removed upon the completion or abandonment of the construction work.
D. Building Mounted Solar Energy Systems
(Ord. 21-07 - Dec. 21 Supp.)
4. Maximum Height Regulations. No principal building shall exceed thirty-five (35) feet in height. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
5. Bulk Regulations. The following minimum bulk requirements shall be observed in the C-O Commercial Office District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 20,000 sq. ft. | 100 feet | 30 feet | 10 feet | 20 feet | 35 feet |
6. Open Space and Landscaping Requirements. See Chapter 175D.
7. Off-Street Parking and Loading. See Chapter 175E.
8. Buffer Requirements. See Chapter 175F.
9. Architectural Standards. See Chapter 175G.
10. Sign Regulations. See Chapter 175H.
11. Site Plan Requirements. See Chapter 175I.
175B.11 C-1 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the C-1 Neighborhood Commercial District.
1. Statement of Intent. The C-1 District is intended to provide commercial and retail uses to serve the most immediate shopping needs of the nearby residents and employment within a neighborhood with a trade area radius of approximately one (1) mile depending on the density of the residential and employment population of the neighborhood.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the C-1 District.
A. Any principal permitted use in the C-O Zoning District, provided such use shall comply with the minimum requirements of the C-1 Zoning District.
B. The following neighborhood retail commercial and service establishments and uses:
Apparel (specialty) shops
Bakeries (retail), including baking for sale on premises
Beauty shops and barber shops, but not including schools
Book stores and stationery stores
Camera and photographic supply stores, including photo finishing services for the general public
Candy, nut, and confectionery stores
Coffee shops
Coin operated laundries and dry cleaning establishment using nonflammable solvents
Convenience store; provided fuel sales facilities have a minimum separation of one thousand (1,000) feet between similar businesses with fuel sales and there is no vehicle washing or repair on site
Dairy product and ice cream stores and parlors; retail over-the counter sales only
Drug stores
Florists, including potted house plants
Gift, novelty, and souvenir shops
Hobby and game shops
Home accessories, such as glassware and linens
Home video equipment and movie rentals
Jewelry stores
Liquor stores
Meat and seafood specialty shops
News dealers and newsstands
Optical goods and hearing aids
Restaurants and cafes, provided there is no drive-through or drive-in facility
Retail coin, philatelist, and autograph shops
Sewing, needlework, and piece goods stores
Shoe repair shop, shoe shining
Tobacco stores
Tailor shops, including clothing alteration and repair shops
Watch, clock and jewelry repair
Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion, conforms to the intent of this section.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted uses:
A. Any accessory use permitted in the C-O Zoning District providing such use shall comply with the minimum requirements of the C-2 Zoning District.
B. The display of merchandise outside the building may be permitted when specifically approved by the City Council.
4. Maximum Height Regulations. No principal building shall exceed fifty (50) feet in height. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
5. Bulk Regulations. The following minimum bulk requirements shall be observed in the C-1 Neighborhood Commercial District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 20,000 sq. ft. | 100 feet | 30 feet | 10 feetA | 20 feetB | 35 feet |
A If a building is planned to be attached or closely located to adjacent buildings in the same complex and part of a shopping center, the side, or sides, which are to be attached or closely located to the adjacent building shall be permitted to have a zero (0) side yard setback, if construction complies with building and fire codes.
B. Outside restaurant seating and outside display areas shall not occupy any portion of required yard areas, open space, or parking areas, and shall be screened from public streets and adjacent property view. | ||||||
6. Open Space and Landscaping Requirements. See Chapter 175D.
7. Off-Street Parking and Loading. See Chapter 175E.
8. Buffer Requirements. See Chapter 175F.
9. Architectural Standards. See Chapter 175G.
10. Sign Regulations. See Chapter 175H.
11. Site Plan Requirements. See Chapter 175I.
175B.12 C-2 DISTRICT REGULATIONS.
The regulations set forth in this section, or elsewhere in this ordinance which are applicable, shall apply in the C-2 Community Commercial District.
1. Statement of Intent. The C-2 District is intended to provide a wide range of commercial and retail uses and services for residents of the community and outside the community, and has performance standards that encourage quality of building design, site design, and construction aesthetically compatible with the desired character of the area.
2. Principal Permitted Uses. The use of structures or land listed in this section shall be permitted in the C-2 District.
A. Any principal permitted use in the C-1 Zoning District, provided such use shall comply with the minimum requirements of the C-2 Zoning District.
B. The following retail commercial and service establishments and uses:
Antique stores, but not including refinishing or refurbishing.
Artists’ and architectural supply
Automobile parts store; no repair work on site permitted.
Banks, savings and loans and other financial institutions with drive-in facilities and free-standing ATM machines permitted
Bars and night clubs
Billiard parlors and pool halls
Bowling alleys
Clothing and accessory stores, including storage and repair of fur garments, but not including trading in furs
Commercial art galleries
Computers, typewriters, copiers, and similar office equipment retail sales and service
Convenience stores
Construction Contractor’s Office, with up to 90 percent of the building devoted to interior storage of materials, tools, and equipment. No external storage of materials, tools, or equipment shall be permitted
Department or variety stores
Electrical repair shops
Floor covering stores, primarily engaged in retail sales and incidental installation, but not including establishments primarily engaged in installing or supplying building contractors
Formal wear and costume rental
Fruit stores and vegetable markets, provided that no outdoor or open-air display, sales, or storage shall be permitted except by special use permit
Grocery and food stores
Hardware stores
Hospitals
Hot tub or sauna sales, but not including swimming pools
Hotels and motels
Household appliance stores
Household furniture, retail sales but not including cabinets
Household improvement products stores, i.e., paint, glass and wallpaper stores, retail sales to the general public only
Ice and roller skating rinks, indoor only
Interior decorations, including retail sales of draperies and curtains
Luggage and leather goods
Music or dance schools or studios, including children’s or amateur instruction and exercise classes, but not including ballrooms or dance halls
Office furniture, and supplies, retail sales only
Pet shops, but not including boarding or outdoor kennels
Postal service (local substation of United States) or private parcel post delivery service
Radio, television, and music stores
Restaurants, drive-in facilities permitted
Sporting goods stores and bicycle shops, but not including sales of motorized vehicles
Swimming, athletic, and tennis clubs or country clubs, and similar public and privately owned uses with outdoor facilities
Theaters; does not include drive-in theaters
Toy stores
Veterinarian clinics for household pets on an out-patient basis only; no overnight boarding or lodging except by special use permit
Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion, conforms to the intent of this section.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses:
A. Any accessory use permitted in the C-1 Zoning District providing such use shall comply with the minimum requirements of the C-2 Zoning District.
B. Temporary Sales in conformance with Section 175A.41
(Ord. 21-03 - Dec. 21 Supp.)
4. Special Uses. The following uses may be permitted in the C-2 Community Commercial District subject to approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing.
A. Rescue missions and shelters.
B. The following establishments of enterprises involving large assemblages of people or automobiles:
Temporary or seasonal amusement enterprises including carnivals and circuses
Commercial sport or recreational enterprises, including nonprofit amphitheaters, convention halls and auditoriums
5. Maximum Height Regulations. No principal building shall exceed fifty (50) feet in height at the required front, side and rear yard building lines, except one (1) foot may be added to the building height for each additional one (1) foot that the building or portion thereof is set back from the minimum required set backs. However, no building shall exceed a height one hundred twenty-five (125) feet. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the C-2 Community Commercial District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 80,000 sq. ft. | 200 feet | 50 feet | 10 feetA 20 feetB | 35 feet
| 50 feet |
All uses if part of a complex | 20,000 sq. ft. | 200 feetC | 30 feetC | 10 feetA 20 feetB | 20 feetC | 35 feetC |
A Multiple occupancy of a lot by more than one (1) principal building shall be permitted, only if the site is developed as a complex with a master plan for the building site submitted for approval by the City, with restrictions placed upon the property requiring that buildings are compatible in architectural design and use of exterior materials; organized in close physical proximity, utilizing a centrally planned open space, landscape plan, parking plan to serve and maintain a unified master plan concept, and provided parking areas are not located between buildings within the complex.
B. If a building is planned to be attached or closely located to adjacent buildings and part of a shopping center, the side, or sides, which are to be attached or closely located to the adjacent building shall be permitted to have a zero (0) side yard setback, if construction complies with building and fire codes.
C The less restrictive bulk regulations may be used only when the subject parcel proposed for development is part of a larger commercial complex or where access with other parcels is prearranged or coordinated with the City. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.13 C-3 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the C-3 Highway Service Commercial District.
1. Statement of Intent. The C-3 District is designed to provide for a wide range of highway service commercial uses, including highway and other retail uses not permitted in other C Districts in the City. It is intended that this district be located along major streets and not close to residential areas.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the C-3 District.
A. Any principal permitted use in the C-2 Zoning District, provided such use shall comply with the minimum requirements of the C-3 Zoning District.
B. The following retail, commercial, and service establishments and uses:
Amusement Parks, and outdoor stadiums and arenas.
Automobile, trailer, motorcycle, boat, and farm implement establishments for display, hire, rental, and sales (including sales lots); including all repair work in connection with personal or customers' vehicles
Carpenter and cabinetmaking shops
Car Washes, including self-service
Gas Stations or Service Stations
Lumber yards, retail only
Monument sales yards
Public auction buildings or rooms. (Does not include animal, vehicle auctions.)
Mini-Warehouse
Transportation terminal or truck stops, including minor repairs as accessory use
Small repair shop, including but not limited to bicycle, motorcycle, lawn mower, and garden tractor repair. All activities must be confined inside the building(s), including storage of parts and machines.
Any use which is found by the Zoning Administrator to be a use similar to one of the above named uses, and in his/her opinion, conforms to the intent of this section.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses:
A. Any accessory use permitted in the C-2 Zoning District providing such use shall comply with the minimum requirements of the C-3 Zoning District.
B. Temporary Sales in conformance with Section 175A.41
(Ord. 21-03 - Dec. 21 Supp.)
4. Maximum Height Regulations. No principal building shall exceed fifty (50) feet in height, at the required front, side and rear yard building lines, except one (1) foot may be added to the building height for each additional one (1) foot that the building or portion thereof is set back from the minimum required set backs, provided, however, that in no instance shall the building exceed a height of one hundred twenty-five (125) feet. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
5. Bulk Regulations. The following minimum bulk requirements shall be observed in the C-3 General Commercial District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 20,000 sq. ft. | 100 feet | 30 feet | 10 feetA | 20 feetA | 35 feet |
A If a building is planned to be attached or closely located to an adjacent buildings and part of a shopping center, the side, or sides, which are to be attached or located closely to the adjacent building shall be permitted to have a zero (0) side yard setback if the building and fire codes are complied with. | ||||||
6. Open Space and Landscaping Requirements. See Chapter 175D.
7. Off-Street Parking and Loading. See Chapter 175E.
8. Buffer Requirements. See Chapter 175F.
9. Architectural Standards. See Chapter 175G.
10. Sign Regulations. See Chapter 175H.
11. Site Plan Requirements. See Chapter 175I.
175B.14 C-4 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the C-4 Founders Business District.
1. Statement of Intent. The C-4 District is intended to recognize the existing uses and bulk standards characteristic of the original central business district of Norwalk, and to preserve the original central business district concept with its original character.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the C-4 District.
A. Residential dwellings not exceeding sixteen (16) dwelling units per acre of total lot area, in addition to any other permitted use which may be located on the first floor of a building. Dwelling units shall not be located on the first floor of a building in order to preserve the first floor area for permitted nonresidential uses.
B. Any principal permitted use in the C-1 Zoning District, provided no fuel sales facilities are permitted, and all uses shall comply with the minimum requirements of the C-4 Zoning District.
C. The following retail commercial and service establishments and uses:
Antique stores, but not including refinishing or refurbishing.
Artists’ and architectural supply
Automobile parts store; no repair work on site permitted.
Banks, savings and loans and other financial institutions with drive-in facilities permitted
Bars and night clubs
Billiard parlors and pool halls
Clothing and accessory stores, including storage and repair of fur garments, but not including trading in furs
Commercial art galleries
Computers, typewriters, copiers, and similar office equipment retail sales and service
Department or variety stores
Electrical repair shops
Floor covering stores, primarily engaged in retail sales and incidental installation, but not including establishments primarily engaged in installing or supplying building contractors
Formal wear and costume rental
Fruit stores and vegetable markets, provided that no outdoor or open-air display, sales, or storage shall be permitted except by special use permit
Grocery and food stores
Hardware stores
Hot tub or sauna sales, but not including swimming pools
Hotels and motels
Household appliance stores
Household furniture, retail sales but not including cabinets
Household improvement products stores, i.e., paint, glass and wallpaper stores, retail sales to the general public only
Interior decorations, including retail sales of draperies and curtains
Luggage and leather goods
Music or dance schools or studios, including instruction and exercise classes, but not including ballrooms or dance halls
Office furniture, and supplies, retail sales only
Pet shops, but not including boarding or outdoor kennels
Postal service (local substation of United States) or private parcel post delivery service
Radio, television, and music stores
Sporting goods stores and bicycle shops
Theaters; does not include drive-in theaters
Toy stores
Veterinarian clinics for household pets on an out-patient basis only; no overnight boarding or lodging except by special use permit
Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion, conforms to the intent of this section.
Small engine repair, automobile body shops, and machine shops, not including large multi-axle trucks, farm implements or equipment, or heavy machinery or equipment. All activities must be confined inside the building including storage of parts, automobiles, and machines.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special use:
A. Any accessory use permitted in the C-1 Zoning District provided such use shall comply with the minimum requirements of the C-4 Zoning District.
B. Sales of new motorcycles and motorized bicycles, as defined by Iowa Code Chapter 321, as amended. Sale is limited to no more than twenty-five (25%) percent of the floor area used by the principal permitted use. Outdoor display of more than three such vehicles, off street testing, and repair of vehicles is prohibited.
4. Maximum Height Regulations. No principal building shall exceed forty-five (45) feet in height. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
5. Bulk Regulations. The following minimum bulk requirements shall be observed in the C-4 Founders Business District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | none | none | A | B
| B
| B |
A The front yard setback shall be established based on the planned right-of-way and street paving width for the street on which the buildings shall front. Buildings may have a zero (0) setback from the street right-of-way, but shall maintain a minimum setback of thirty-eight (38) feet from the centerline of any street, or sixteen (16) feet from the back of the street's curb, whichever is greater. However, existing uses may be expanded up to the setback of existing building frontage, provided the land on which the existing building is located on and the land on which the building is planned to be expanded is under common ownership at the time of the passage of this ordinance. Replacement of existing buildings or expansion of existing buildings to accommodate a new use or a use which is different than that use which is located within the existing building shall comply with the front yard setback requirement herein set forth. Front yard setback requirements shall apply to all street frontages.
B No setback is required, except if adjoining an RE-1, R-1, or R-2 zoning district, in which case not less than twenty-five (25) feet; and if adjoining R-3, R-4, or R-5 Zoning Districts not less than ten (10) feet. | ||||||
6. Open Space and Landscaping Requirements. See Chapter 175D.
7. Off-Street Parking and Loading. No parking area or access drive shall be located between a building and public street right-of-way. Public parking within close proximity of property planned for development or redevelopment may be used in fulfillment of off-street parking requirements if such public parking allocation is part of a Master Plan for the Founders Business District. See Chapter 175E for additional requirements.
8. Buffer Requirements. See Chapter 175F.
9. Architectural Standards. See Chapter 175G.
10. Sign Regulations. See Chapter 175H.
11. Site Plan Requirements. See Chapter 175I.
175B.14.5 C-5 TRADITIONAL COMMERCIAL DISTRICT.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the C-5 Traditional Commercial District.
1. Statement of Intent. The C-5 District is intended to recognize the need to create a district for traditional commercial development with street oriented buildings to promote a vibrant streetscape and walkable elements into the community.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the C-5 District.
A. Residential dwellings not exceeding sixteen (16) dwelling units per acre of total lot area, in addition to any other permitted use which may be located on the first floor of a building. Dwelling units shall not be located on the first floor of a building in order to preserve the first floor area for permitted nonresidential uses.
B. Any principal permitted use in the C-1 Zoning District, except the following:
(1) Convenience stores and gas stations
(2) Delayed Deposit Services Businesses
(3) Liquor stores
(4) Pawnshops
(5) Smoking Lounges and Dens
(6) Tobacco Stores
C. The following retail commercial and service establishments and uses:
Antique stores, but not including refinishing or refurbishing.
Artists’ and architectural supply
Automobile parts store; no repair work on site permitted.
Banks, savings and loans and other financial institutions with drive-in facilities and free-standing ATM machines permitted
Bars and night clubs
Billiard parlors and pool halls
Bowling alleys
Clothing and accessory stores, including storage and repair of fur garments, but not including trading in furs
Commercial art galleries
Computers, typewriters, copiers, and similar office equipment retail sales and service
Department or variety stores
Electrical repair shops
Floor covering stores, primarily engaged in retail sales and incidental installation, but not including establishments primarily engaged in installing or supplying building contractors
Formal wear and costume rental
Fruit stores and vegetable markets, provided that no outdoor or open-air display, sales, or storage shall be permitted except by special use permit
Grocery and food stores
Hardware stores
Hospitals
Hotels
Household appliance stores
Household furniture, retail sales but not including cabinets
Household improvement products stores, i.e., paint, glass and wallpaper stores, retail sales to the general public only
Ice and roller skating rinks
Interior decorations, including retail sales of draperies and curtains
Luggage and leather goods
Music or dance schools or studios, including children’s or amateur instruction and exercise classes, but not including ballrooms or dance halls
Office furniture, and supplies, retail sales only
Pet shops, but not including boarding or outdoor kennels
Postal service (local substation of United States) or private parcel post delivery service
Radio, television, and music stores
Restaurants
Sporting goods stores and bicycle shops, but not including sales of motorized vehicles
Theaters; does not include drive-in theaters
Toy stores
Veterinarian clinics for household pets on an out-patient basis only; no overnight boarding or lodging except by special use permit
Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion, conforms to the intent of this section.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special use:
A. Any accessory use permitted in the C-1 Zoning District provided such use shall comply with the minimum requirements of the C-5 Zoning District.
4. Special Uses. The following uses may be permitted in the C-5 Traditional Commercial District subject to approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing:
A. Restaurants with a drive-thru
5. Maximum Height Regulations. No principal building shall exceed forty-five (45) feet in height. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the C-5 Traditional Commercial District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | none | none | A | B | B | B |
A. The front yard setback shall be established based on the planned right-of-way and street paving width for the street on which the buildings shall front. Buildings may have a zero (0) setback from the street right-of-way, but shall maintain a minimum setback of thirty-eight (38) feet from the centerline of any street, or sixteen (16) feet from the back of the street's curb, whichever is greater. Front Yard setback requirements shall apply to all street frontages. On corner lots adequate vision clearance shall be preserved. B. No setback is required, except if adjoining another zoning district, in which case not less than twenty-five (25) feet.
C. Multiple occupancy of a lot by more than one (1) principal building shall be permitted only if the site is developed as a complex with a master plan for the building site submitted for approval by the City, with restrictions placed upon the property requiring that buildings be compatible in architectural design and use of exterior materials; organized in close physical proximity, utilizing a centrally planned open space, landscape plan, parking plan to serve and maintain a unified master plan concept, and provided parking areas are not located between buildings within the complex. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. No parking area or access drive shall be located between a building and public street right-of-way. Public parking within close proximity of property planned for development or redevelopment may be used in fulfillment of off-street parking requirements. See Chapter 175E for additional requirements.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
(Ord. 20-08 – Jan. 21 Supp.)
175B.15 TC DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the TC Town Center Commercial District.
1. Statement of Intent. The TC District is intended to provide a location in the community to establish a new center for business, retail, and municipal government activity within a traditional central business district atmosphere of mixed use development, providing close proximity and association between employment, retail, recreation, municipal government services, and housing uses; to encourage pedestrian travel versus automobile travel, and; to encourage the use of performance standards for building design and materials which will further a desired design concept and compatibility of appearance of buildings in the district.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the TC District.
A. Residential dwellings not exceeding sixteen (16) dwelling units per acre of total lot area, in addition to any other permitted use which may be located on the first floor of a building. Dwelling units shall not be located on the first floor of a building in order to preserve the first floor area for non-residential uses.
B. Any principal permitted use in the C-1 Zoning District, provided no fuel sales facilities are permitted, and all uses shall comply with the minimum requirements of the TC Zoning District.
C. The following retail commercial and service establishments and uses:
Antique stores, but not including refinishing or refurbishing.
Artists’ and architectural supply
Bars and night clubs
Billiard parlors and pool halls
Clothing and accessory stores, including storage and repair of fur garments, but not including trading in furs
Commercial art galleries
Computers, typewriters, copiers, and similar office equipment retail sales and service
Department or variety stores
Formal wear and costume rental
Fruit stores and vegetable markets, provided that no outdoor or open-air display, sales, or storage shall be permitted except by special use permit
Hardware stores
Hotels or bed and breakfast inns, wherein guest rooms and dwelling units shall not be located on the first floor of a building.
Luggage and leather goods
Music or dance schools or studios, including instruction and exercise classes, but not including ballrooms, or dance halls
Music stores
Postal service (local substation of United States) or private parcel post delivery service
Sporting goods stores and bicycle shops, but not including sales of motorized vehicles
Sidewalk cafes
Theaters, including movie theaters.
Toy stores
Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion, conforms to the intent of this section.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses:
A. Any accessory use permitted in the C-1 Zoning District provided such use shall comply with the minimum requirements of the TC Zoning District.
4. Maximum Height Regulations. No principal building shall exceed three (3) stories and fifty (50) feet in height. No accessory structure shall exceed fifteen (15) feet in height, unless a greater height is permitted for a special use.
5. Bulk Regulations.. The following minimum bulk requirements shall be observed in the TC Town Center Commercial District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 80,000 sq. ft.A | 200 feet | A | B
| B
| B |
A The front yard setback shall be established based on the planned right-of-way and street paving width for the street on which the buildings shall front. Buildings may have a zero (0) setback from the street right-of-way, but shall maintain a minimum setback of thirty-eight (38) feet from the travel lane of the street. Front Yard setback requirements shall apply to all street frontages.
B No setback is required, except if adjoining another zoning district, in which case not less than twenty-five (25) feet.
C Multiple occupancy of a lot by more than one (1) principal building shall be permitted, only if the site is developed as a complex with a master plan for the building site submitted for approval by the City, with restrictions placed upon the property requiring that buildings be compatible in architectural design and use of exterior materials; organized in close physical proximity, utilizing a centrally planned open space, landscape plan, parking plan to serve and maintain a unified master plan concept, and provided parking areas are not located between buildings within the complex. | ||||||
6. Open Space and Landscaping Requirements. See Chapter 175D.
7. Off-Street Parking and Loading. No parking area, loading area, or access drive shall be located between a building and public street right-of-way. Public parking within close proximity of property planned for development or redevelopment may be used in fulfillment of off-street parking requirements if such public parking allocation is part of a Master Plan for the Town Center Commercial District. See Chapter 175E for additional requirements.
8. Buffer Requirements. See Chapter 175F.
9. Architectural Standards. See Chapter 175G.
10. Sign Regulations. See Chapter 175H.
11. Site Plan Requirements. See Chapter 175I.
175B.16 PC DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the PC Professional Commerce Park District.
1. Statement of Intent. The PC District is intended to be an area for accommodating the management, research, design, marketing and production needs of those professional-commerce enterprises which comply with the performance standards of this section, and are in the interest of general community welfare, which recognizes that the Community should be beautiful, as well as financially prosperous, spacious, and efficient. Within the PC District it shall be emphasized that the manner in which a use is accomplished is as important as the use; detracting, detrimental, or other generally unacceptable characteristics, including ugliness of physical properties, shall be discouraged, and contemporary, modern and futuristic design techniques which yield visual attractiveness encouraged.
2. Principal Permitted Uses. Only the use of structures or land listed in this section shall be permitted in the PC District. Any enterprise, regardless of professional - commerce category which cannot wholly enclose its functions within the principal structures or otherwise effectively conceal its functions from public observation shall be prohibited.
A. Professional and semi-professional office buildings and associated uses as listed in the CO Zoning District, Subsection 175B.09(2).
B. Day care center, day nursery or nursery school, licensed by the State of Iowa, and subject to standards for the same use permitted in the C-O District.
C. Health, athletic or fitness centers or clubs, with all indoor facilities, or outdoor facilities concealed from general public view.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses. Any accessory facility or use shall be physically accomplished in an aesthetically compatible manner and shall comply with all restrictions or performance standards applicable to the principal use.
A. Retail establishments, refreshment stands and employee cafeterias accessory to principal buildings; provided, however, there shall be no access to such place of retail use except from the inside of the principal building, complex, or internal courtyard, nor shall any display of stock, goods or advertising for such be so arranged that it can be viewed from outside the principal building.
B. Storage or warehousing area incidental to the principal use, but not to exceed a floor area which is equal to fifty (50) percent of the floor area used by the principal use, and such storage shall be wholly contained within the principal building, and loading areas are screened or concealed from general public view.
C. Temporary use of buildings or trailers for use incidental to construction work, which buildings or trailers shall be removed upon the completion or abandonment of the construction work.
D. Temporary Sales in conformance with Section 175A.41
(Ord. 21-03 - Dec. 21 Supp.)
E. Building Mounted Solar Energy Systems
(Ord. 21-07 - Dec. 21 Supp.)
4. Special Uses. The following uses may be permitted in the PC District subject to approval of a special use permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing. All special uses shall be accomplished in a manner compatible with performance standards required of principal permitted uses.
A. Hospitals.
B. Private dining clubs, which are operated for the use and benefit of its members.
C. Branch facilities of colleges, and schools which specialize in business, commercial and technical training courses.
5. Maximum Height Regulations. There shall be no height regulations in the PC Zoning District, except that no building or structure shall be constructed to a height which may create an air traffic hazard to the approach or departure of an existing airport.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the PC District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 100,000 sq. ft. | 300 feet | 50 feet | 50 feet | 100 feet
| 50 feet
|
A Multiple occupancy of a lot by more than one (1) principal building shall be permitted, only if the site is developed as a complex with a master plan for the building site submitted for approval by the City with restrictions placed upon the property requiring that buildings are compatible in architectural design and use of exterior materials; organized in close physical proximity, utilizing a centrally planned open space, landscape plan and parking plan to serve and maintain a unified master plan concept, and provided parking areas are not located between buildings within the complex. | ||||||
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.17 IC DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the IC Industrial Commerce Park.
1. Statement of Intent. The IC District is intended to provide for the location of limited industrial uses while maintaining strict performance standards encouraging quality construction and site development for the protection of nearby non-industrial districts. The IC District shall be characterized by large lots with landscaped grounds and buildings constructed with materials of structural strength and permanency such as architectural steel, stone, concrete, and brick, versus wood and sheet metal.
2. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the IC District; provided, however that all manufacturing, assembling, compounding, processing, packaging, and other comparable treatment, including storage of any and all materials and equipment, shall take place within completely enclosed buildings.
A. Any principal use permitted in the PC Zoning District, provided such use shall comply with the minimum requirements of the IC Zoning District.
B. Commercial trade schools and business colleges, which specialize in business, commercial and industrial training courses, and are operated for commercial gain.
C. Compounding and packaging of drugs, pharmaceutical, cosmetics, perfumes, and toiletries.
D. Distribution centers for finished or prepackaged products.
E. Laboratories; research, experimental, and testing uses.
F. Manufacturing, assembling, and packaging of medical instruments, cameras, drafting instruments, and electrical components.
G. Printing, lithographing, or film processing shops or plants.
H. Warehouses for storage of merchandise or materials in connection with the uses permitted in this district only.
I. Enterprises involving large assembly of people or automobiles, such as commercial sport or recreational enterprises, including nonprofit amphitheaters, convention halls and auditoriums.
J. Other uses that are consistent by type of use, use intensity, physical characteristics, style, size, and purpose with the uses listed above, provided the manner in which any use is accomplished shall demonstrate compatibility of neighborhood uses.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses. Any accessory building structure or use shall be physically accomplished in an aesthetically compatible manner and shall comply with all restrictions or performance standards applicable to the principal use.
A. Any accessory uses permitted in the PC Zoning District, provided such use shall comply with minimum requirements of the IC Zoning District.
B. Accessory shelter for a watchman, caretaker, or gate guard, and not a dwelling.
4. Maximum Height Regulations. No principal building shall exceed fifty (50) feet in height. No accessory structure shall exceed twenty (20) feet in height, unless a greater height is permitted for a special use.
5. Bulk Regulations. The following minimum bulk requirements shall be observed in the IC Industrial Commerce Park District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 100,000 sq. ft. | 300 feet | 50 feet | 50 feet | 100 feet
| 50 feet
|
A Multiple occupancy of a lot by more than one (1) principal building shall be permitted, only if the site is developed as a complex with a master plan for the building site submitted for approval by the City with restrictions placed upon the property requiring that buildings are compatible in architectural design and use of exterior materials; organized in close physical proximity, utilizing a centrally planned open space, landscape plan and parking plan to serve and maintain a unified master plan concept, and provided parking areas are not located between buildings within the complex. | ||||||
6. Open Space and Landscaping Requirements. See Chapter 175D.
7. Off-Street Parking and Loading. See Chapter 175E.
8. Buffer Requirements. See Chapter 175F.
9. Architectural Standards. See Chapter 175G.
10. Sign Regulations. See Chapter 175H.
11. Site Plan Requirements. See Chapter 175I.
175B.18 M-1 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the M-1 General Industrial District.
1. Statement of Intent. The M-1 District is intended to provide areas of the city suitable for activities and uses of a general industrial nature.
2. Principal Permitted Uses. The use of buildings, structures, or land listed in this section shall be permitted in the M-1 District; provided, however, that all manufacturing, assembling, compounding, processing, packaging, and other comparable treatment, shall take place within completely enclosed buildings. Outside storage will be allowed, provided such storage areas are screened from public streets and adjacent property and not cover more than thirty (30) percent of the lot area.
A. Any use permitted in the C-3 and IC Zoning Districts, provided such use shall comply with the minimum requirements of the M-1 District.
B. Assembly of small electrical appliances, photographic equipment, small industrial and electronic instruments and devices, radios, phonographs, and television sets, including the manufacture of small accessory parts only, such as coils, condensers, transformers, crystal holders, and similar products.
C. Auction rooms or buildings (does not include animal or vehicle auction buildings or rooms).
D. Automobile, trailer, motorcycle, boat, and farm implement establishments for display, hire, rental, and sales (including sales lots); including as incidental to these major uses all repair work in connection with their own or customers’ vehicles.
E. Buildings and uses owned by a state, county, city or other political subdivision, including equipment storage yards and garages which are operated as a necessary business and industrial service of the community.
F. Building materials, wholesale and retail sales, including retail lumber yards.
G. Manufacturing, assembling, compounding, processing, packaging, or other comparable treatment of the following:
(1) Bakery foods, candy, dairy products, and food products, except the following:
a. Fish and meat processing.
b. Cereals.
c. Sauerkraut.
d. Vinegar.
e. Yeast.
f. Livestock or pet feeds.
g. Flour.
h. Rendering or refining of fats and oils.
(2) Cameras and other photographic equipment.
(3) Electric and neon signs, outdoor advertising signs.
(4) Medical, dental, and drafting instruments.
(5) Musical instruments, toys, novelties, and rubber and metal hand stamps.
(6) Pottery and other ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.
(7) Products from the following previously prepared materials; bone, canvas, cellophane, cloth, cork, rope, cord, twine, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, cardboard, plastics, natural and synthetic rubber, precious or semi-precious metals or stones, shells, textiles, tobacco, wax, wood, yarns, light metal mesh, pipe, rods, stripes, or wire.
(8) Small mechanical or electronic instruments, appliances, and communications devices.
H. Car wash, including self service.
I. Enameling, lacquering, or japanning.
J. Meat locker plants (for storage and retail sales only).
K. Monument sales yards (not manufacturing or construction).
L. Plumbing and heating shops and service businesses.
M. Public or private recreational facilities including sales and service buildings.
N. Rug and carpet cleaning and exterminators, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
O. Schools which specialize in industrial and technical training courses, either public or operated for commercial gain.
P. Small repair shop, including but not limited to household appliance, bicycle, motorcycle, lawn mower, and garden tractor repair.
Q. Truck stops, including minor repairs and accessory uses.
R. Wholesale storage and warehouse establishments.
S. Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion conforms to the intent of the section.
T. Consumer Fireworks Sales
(Ord. 22-10 – Dec. 22 Supp.)
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses.
A. Any accessory uses permitted in the IC Zoning District, provided such use shall comply with minimum requirements of the M-1 Zoning District.
B. Accessory shelters for a watchman, caretaker, or gate guard.
4. Special Uses. The following uses may be permitted in the M-1 General Industrial District in areas compatible with the Comprehensive Plan and subject to approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing.
A. Adult entertainment facilities which are not prohibited by local, state, or federal law.
B. Any use permitted in the C-2 Zoning District, provided such use shall comply with minimum requirements of the M-1 Zoning District.
C. Animal research or veterinary hospital with overnight boarding or lodging of animals on the premises.
D. Carting, express, hauling, or storage yards.
E. Concrete mixing, concrete products manufacture.
F. Gasoline, fuel oil, or their derivatives, underground storage only, not to exceed forty thousand (40,000) gallons, provided storage is located at least two hundred (200) feet from any R district.
G. Gas storage and cylinder recharging.
H. Garages for truck, automobile, and farm equipment repairs.
I. Machine shops.
J. Manufacture of wood products not involving chemical treatment.
K. Microwave, radio, telecommunication, television transmitting stations and towers.
L. Publicly or community owned and operated water and waste water treatment facilities.
M. Storage and sale of livestock feed, provided dust is effectively controlled. (This does not include agricultural elevators.)
N. Vehicle auction establishments and impoundment yards.
O. Welding and metal working shops.
5. Special Use Permit Considerations. In its deliberation on the proposed special use, the Board and Commission shall consider all of the following provisions:
A. That the proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property. To this end the Commission and Board may require that appropriate landscaping, walls, fences, or other artificial screens be provided as buffers to minimize the effects of these uses on adjoining or surrounding property.
B. That such use shall not impair an adequate supply of light and air to surrounding property.
C. That such use shall not unduly increase congestion in the streets, or public danger of fire and safety.
D. That such use shall not impair the City utility systems in adjoining or surrounding property; and in such a manner that the City could not adequately serve existing and planned development.
E. The best practical means known for the disposal of refuse matter or water carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance, and protection of air and water quality shall be employed.
F. All heavy industrial uses and structures permitted by special use permit in the M-1 Zoning district shall be located more than two hundred (200) feet from any R District and within areas designated for General Industrial use within the Comprehensive Plan.
G. That such use shall be in accord and with the intent, purpose and spirit of this ordinance and the Comprehensive Plan of the City.
6. Maximum Height Regulations. No principal building shall exceed sixty-five (65) feet in height. No accessory structure shall exceed twenty (20) feet in height, unless a greater height is permitted for a special use.
7. Bulk Regulations. The following minimum bulk requirements shall be observed in the M-1 General Industrial District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 20,000 sq. ft. | 100 feet | 50 feet | 10 feet* | 20 feet
| 50 feet
|
* A thirty (30) foot side yard shall be maintained when abutting an R District, floodway or greenbelt park. | ||||||
8. Open Space and Landscaping Requirements. See Chapter 175D.
9. Off-Street Parking and Loading. See Chapter 175E.
10. Buffer Requirements. See Chapter 175F.
11. Architectural Standards. See Chapter 175G.
12. Sign Regulations. See Chapter 175H.
13. Site Plan Requirements. See Chapter 175I.
175B.18A M-2 DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the M-2 Technology Industrial District.
1. Statement of Intent. The M-2 District is intended to provide areas of the city suitable for large, resource intensive data centers and technological uses.
2. Principal Permitted Uses. The use of buildings, structures, or land listed in this section shall be permitted in the M-2 District:
A. Any use permitted in the M-1 Zoning Districts, provided such use shall comply with the minimum requirements of the M-2 District.
B. Data Centers
C. Electric Substations
D. Any use which is found by the Zoning Administrator to be similar to one of the above named uses, and in his/her opinion conforms to the intent of the section.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses.
A. Any accessory uses permitted in the M-1 Zoning District, provided such use shall comply with minimum requirements of the M-2 Zoning District.
B. Concrete batch plant in association with a data center construction that is removed at the end of construction.
C. On-site energy generation, except that only solar and wind energy generation shall be permitted.
D. Accessory shelters for a watchman, caretaker, or gate guard.
E. Private water towers and onsite water storage. Private water towers or onsite water storage shall not be permitted until the City Council determines sufficient capacity and quantity of water in the public system exists pursuant to the Site Plan Design Standards in Chapter 175I.
F. Enclosed energy and fuel storage facilities.
G. Battery Energy Storage Systems.
4. Special Uses. The following uses may be permitted in the M-2 Technology Industrial District in areas compatible with the Comprehensive Plan and subject to approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing.
A. Any special use permitted in the M-1 Zoning District, provided such use shall comply with minimum requirements of the M-2 Zoning District.
B. Accessory uses that require a height greater than 65 feet, other than towers for substations, water towers, and other utility towers.
5. Special Use Permit Considerations. In its deliberation on the proposed special use, the Board and Commission shall consider all of the following provisions:
A. That the proposed location, design, construction, and operation of the particular use adequate safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property. To this end the Commission and Board may require that appropriate landscaping, walls, fences, or other artificial screens be provided as buffers to minimize the effects of these uses on adjoining or surrounding property.
B. That such use shall not impair an adequate supply of light and air to surrounding property.
C. That such use shall not unduly increase congestion in the streets, or public danger of fire and safety.
D. That such use shall not impair the City utility systems in adjoining or surrounding property; and in such a manner that the City could not adequately serve existing and planned development.
E. The best practical means known for the disposal of refuse matter or water carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance, and protection of air and water quality shall be employed.
F. All heavy industrial uses and structures permitted by special use permit in the M-2 Zoning District shall be located more than two hundred (200) feet from any R District and within areas designated for General Industrial use within the Comprehensive Plan.
G. That such use shall be in accord and with the intent, purpose and spirit of this ordinance and the Comprehensive Plan of the City.
6. Maximum Height Regulations. The maximum height for principal buildings and accessory structures shall not exceed sixty-five (65) feet in height, except for the following:
A. Utility towers associated with an electrical substation for a data center, provided the towers meet the Special Use requirements for towers identified in Chapter 175H.
B. Water towers associated with a data center, provided the water tower meets the Special Use requirements for towers identified in Chapter 175H. Water towers shall be subject to City review to determine the ability to serve the tower.
7. Bulk Regulations. The following minimum bulk requirements shall be observed in the M-1 General Industrial District:
Data Center Complex on a Single Lot - a data center project, wherein the owner of the data center constructs multiple principal buildings for the data center on a single lot, shall be permitted in the M-2 District. A private drive serving a complex shall maintain connectivity throughout the site. The complex shall have a minimum separation that meets the standard of the Norwalk Building and Fire Codes.
8. Fencing for Data Center Security. The security needs of data centers necessitates the inclusion of security fencing that exceeds traditional fencing requirements for the City. Security fencing shall meet the following requirements:
A. Maximum fence height not to exceed 12 feet
B. Front yard setback of 50 feet, no other setback requirement for side & rear yards
C. Black metal post security fencing along all lot lines, except:
(1) May utilize black chain-link fencing with uncoiled barbed wire for security along lot lines that do not have public street frontage.
9. Open Space and Landscaping Requirements. See Chapter 175D.
10. Off-Street Parking and Loading. Shall comply with Chapter 175E, except as follows:
A. 1 parking space / 1,000 sf of office use. Parking spaces are not required for designated data hall areas; or
B. A reduction in parking spaces required by Subsection A above may be granted through the site plan approval process where an applicant can demonstrate through the submittal of a study showing that a lower number of spaces will be adequate if:
(1) The reduction will be adequate to meet projected demand; and
(2) The reduction will not generate an off-site impact to neighboring properties
C. Construction parking lots shall be removed after construction of the facility is completed.
11. Buffer Requirements. See Chapter 175F. Additionally, a 50 foot buffer is required in the front yard setback along all public street frontages that complies with the following:
A. The width and required plantings shall not be reduced
B. Be located with the 50’ setback areas on the front of a lot
C. Utilize the planting requirements for a 50 foot Type 2 buffer per Chapter 175F.04
D. Include security fencing that shall meet fencing requirements for Data Centers per Chapter 175B.18A.08
12. Architectural Standards. See Chapter 175G.
13. Sign Regulations. See Chapter 175H.
14. Site Plan Requirements. Shall comply with Chapter 175I, except as follows:
A. A Data Center Complex may be constructed in phases and the approved Site Plan shall be valid for two (2) years and may be extended with Community Development Director approval.
(Ord. 24-32 – Dec. 24 Supp.)
175B.19 PUD DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the PUD Planned Unit Development District.
1. Statement of Intent. The PUD District is intended to provide for the development or redevelopment of land under the control and in accordance with a Master Plan and development guidelines and standards in which the land uses, transportation elements, building densities, arrangements, and types are set out in a unified plan, which may provide greater flexibility of land use, transfer of development rights within the PUD, bulk regulations, and building locations than the conventional zoning district may permit. The PUD District is intended to: maximize benefits from the use of open spaces; maximize aesthetics; encourage certain architectural standards for buildings, permit mixed uses and diversity of bulk regulations without endangering the health, safety, welfare, and land value of surrounding and internal properties. A PUD may consist of a mix of land uses of residential building types, commercial, and limited industrial, provided such Planned Unit Development is compatible with the Comprehensive Plan of the City.
2. Minimum Size, Land Use and Maximum Density. A PUD shall consist of at least ten (10) acres, land use types compatible with the Comprehensive Plan of the City, and the density of the PUD shall not be in excess of the density permitted by this section and compatible with the Comprehensive Plan. A Planned Unit Development may include multiple-family or two-family dwellings in areas designated as R-1 zoning in the Comprehensive Plan, if the proposed land use is compatible with land uses adjoining and outside the PUD, and the dwelling unit density of the PUD is not greater than ten percent (10%) greater than the maximum density permitted by the underlying zoning as set forth in this sub-section. The maximum number of dwelling units (du) permitted in a PUD in areas of the City designated as RE-1, R-1, and R-2 shall be based on the following maximum dwelling unit per acre density by proposed zoning district:
Zoning District | Maximum Density |
Zoning District | Maximum Density |
RE-1 | 1.0 du/ac |
R-1(100) | 2.0 du/ac |
R-1(90) | 2.5 du/ac |
R-1(80) | 3.0 du/ac |
R-1(70) | 3.5 du/ac |
R-1(60) | 4.0 du/ac |
R-2 | 5.0 du/ac |
3. Master Plan. As part of a proposed Planned Unit Development rezoning of land in the City of Norwalk, a Master Plan shall be prepared and fifteen (15) copies submitted to the City which shows the generalized overall land use plan for development of the area of the proposed PUD and shall include the following information:
A. A vicinity map of sufficient scale to show site boundaries and the zoning of adjacent properties within 1,000 feet.
B. Dimensions, legal descriptions, acreage, existing zoning, land use, and ownership of the area of the proposed PUD; and existing zoning, land use, and ownership of contiguous properties within two hundred (200) feet. The Master Plan shall be submitted on paper sheets of 24 inches by 36 inches.
C. The location and delineation of each parcel proposed with different land uses and bulk regulations, and a schedule of the proposed land use and bulk regulations for each parcel set forth by ordinance.
D. Existing and proposed location of streets, pedestrian ways, trails, parks, recreation areas, open space, buffers, parking areas, schools, and anticipated traffic generation.
E. Area and number of dwelling units, and anticipated floor area of nonresidential buildings by parcel.
F. Existing tree masses, water channels, drainageways, flood hazard areas, and other topographic or environmentally important characteristics.
G. Proposed privately owned common areas and public ownership areas, including open space, park land, and school sites.
H. Location of existing or proposed municipal utilities to serve the PUD and adjoining properties, including sanitary sewer, storm sewer and water.
I. In addition to storm sewer facilities, other required storm water management facilities and requirements shall be shown and/or explained on the Master Plan.
J. Dimensions of all street right-of-way and paving widths, including all proposed easements.
K. Staging schedule of development, including anticipated year construction shall be initiated and the phasing of development planned to be implemented.
L. Landscape areas proposed as part of small-scale PUD proposals to include general location of shrubs, trees and earth berms.
M. Delineate the traffic impacts that would result from the project and how they can be mitigated.
4. Rules, Regulations and Guidelines for Land Use and Performance. In conjunction with the submittal of Master Plan illustrating the location of each development parcel, there shall be prepared rules, regulations and guidelines for the development of the PUD, and such matters shall be part of the consideration by the Planning and Zoning Commission and the City Council and incorporated within an ordinance providing for the rezoning of the property to a PUD. The rules, regulations and guidelines shall set forth the permitted land use, bulk regulations, transfer of development rights within the area of the PUD, height requirements, open space and landscaping requirements, architectural standards, sign regulations, buffer requirements, off street parking and loading requirements, and other performance standards as required by the City for each parcel designated within the Master Plan. Any rules, regulations and guidelines set forth within the ordinance and Master Plan approved by the City Council providing for the rezoning shall be binding on the property owner, their heirs, successors or assigns, and shall be recorded at the Office of the County Recorder.
5. Process for City Review of Planned Unit Development. The Zoning Administrator shall review the submitted PUD proposal; may discuss any suggestions or provide additional information to the developer, and shall file a report together with the applicant's proposal to the Planning and Zoning Commission.
A. The Planning and Zoning Commission, after receipt of the report from the Zoning Administrator, or other delegated City personnel, and receipt of the PUD proposal, shall consider the presentation and give special attention to the following:
(1) Compatibility with Comprehensive Plan.
(2) Land use and density.
(3) Building types, functions, architecture, buffers and arrangement.
(4) Provision and use of open space and landscaping.
(5) Access to and from the site, and traffic circulation.
(6) General relationship to surrounding area.
B. The Planning and Zoning Commission may approve or disapprove the PUD Master Plan and associated development rules, regulations and guidelines as submitted, or may require the developer to modify, alter, adjust or amend the proposed Master Plan and associated rules, regulations and guidelines, as the Commission deems necessary, in order to preserve the harmonious intent and purpose of this ordinance and the Comprehensive Plan of the City.
C. An application for approval of PUD shall be deemed a petition for rezoning to the PUD Zoning District, but prior to an affirmative report from the Commission the applicant shall file the necessary petition as prescribed in Amendments, Section 175A.19.
D. Before any report is forwarded to the City Council by the Planning and Zoning Commission pertaining to an application submitted for a PUD, said Commission shall determine if such proposal is compatible with the Comprehensive Plan or if such proposal represents a substantial change to the Comprehensive Plan. The Commission shall hold a public hearing, giving notice as provided by law for a rezoning.
E. After a complete review by the Planning and Zoning Commission, a written recommendation and report giving reasons as to their action shall be filed with the City Council.
F. Within a period of sixty (60) days after the City Council has received a report from the Planning and Zoning Commission, together with the proposed Master Plan, and rules, regulations, and guidelines of the PUD development, a public hearing shall be held by the City Council in accordance with the provisions of Section 175A.19. The City Council shall then approve or deny the application, in accordance with Section 175A.19.
6. Recording of Master Plan and Associated Rules, Regulations and Guidelines. The ordinance providing for the rezoning of property to the PUD Zoning District and the associated Master Plan, rules, regulations, and guidelines as approved by the City Council shall be recorded at the Office of the County Recorder and shall be binding on the property owners, their heirs, successors or assigns.
7. Modifications. Any proposed modifications in the approved PUD shall first be reviewed by the Planning and Zoning Commission. Said proposed modification along with a report from the Commission shall then be forwarded to the City Council with appropriate recommendations. The City Council shall then take such appropriate action on the proposed modification and their decision shall be final. No modification may be considered that is more than a ten percent (10%) increase in density or change of uses on the site without a public hearing as required of a rezoning procedure. A public hearing may be required before the City Council on any modification, if determined by the Council. All modifications and adjustments shall be recorded at the Office of the County Recorder as required of the original rezoning.
175B.20 CD DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the CD Conservation District.
1. Statement of Intent. The CD Zoning District is intended to preserve and protect heavily wooded areas, areas of extreme slopes, rivers, stream banks, and flood hazard areas of the City of Norwalk from adverse future development. It is also intended that development of the flood hazard areas be restricted to minimize the danger to life and property which results from development undertaken without full realization of such danger.
2. Principal Permitted Uses. Only the uses of buildings, structures or land listed in this section shall be permitted in the CD District:
A. Agriculture, including truck gardening, orchards, vineyards, and plant nurseries, but not including livestock feed lots or poultry farms or similar uses; provided no building or dwellings shall be erected thereon.
B. Forests and forestry preserve uses.
C. Parks, nature areas, playgrounds, golf courses and similar recreational uses.
D. Picnic areas.
E. Pedestrian and bicycle trails.
3. Permitted Accessory Uses. The following uses may exist as part of, or in accessory to the principal permitted or special uses.
A. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work, provided the placement of such buildings shall be subject to the issuance of a Flood Plain Development Permit, when located in a flood hazard area.
4. Special Uses. The following uses may be permitted in the CD Conservation District subject to approval of a Special Use Permit by the Board of Adjustment in accordance with Chapter 175J, after notice and public hearing.
A. Farm buildings and a single family dwelling accessory to the agricultural use.
B. Boat houses and marinas.
C. Club houses, tennis courts, or playground equipment, or other accessory buildings and structures when associated with parks, golf courses or other recreational facilities.
D. Construction of dams, reservoirs, ponds.
E. Relocation of water courses.
F. Quarries or mining operations, including rock crushing plants or processing of materials quarried or mined.
G. Buildings and uses owned by public agencies.
H. Earth filling and excavation activities.
5. Maximum Height Regulations. There shall be no height regulations in the CD Zoning District, except as may be restricted as part of the issuance of a special use permit, and that no building or structure shall be constructed to a height which may create an air traffic hazard to the approach or departure of an existing airport.
6. Bulk Regulations. The following minimum bulk requirements shall be observed in the CD Conservation District:
Use | Lot Area | Lot Width | Front Yard Setback | Side Yard Setback, Least Width on Any One Side | Sum of Both Side Yard Setbacks | Rear Yard Setback |
All Uses | 80,000 sq. ft. | 200 feet | 50 feet | 50 feet | 100 feet
| 50 feet |
7. Open Space and Landscaping Requirements. See Chapter 175D.
8. Off-Street Parking and Loading. See Chapter 175E.
9. Buffer Requirements. See Chapter 175F.
10. Architectural Standards. See Chapter 175G.
11. Sign Regulations. See Chapter 175H.
12. Site Plan Requirements. See Chapter 175I.
175B.21 OVERLAY ZONING DISTRICT REGULATIONS.
In addition to the zoning districts listed and their associated regulations set forth in Chapter 175B, additional regulations and requirements are imposed upon certain areas of the City of Norwalk in which the City desires to protect life and property from losses, hazards and related affects caused by the occupancy and use of flood hazard areas by buildings, structures, or activities which may increase the affects of flooding, and to prevent the creation or establishment of airport hazards and mitigate the impact of airport-generated noise on noise-sensitive land uses. The boundaries of the Overlay Zoning Districts are also indicated upon the Official Zoning Map of the city, which is made part of this ordinance by reference. If the regulations and restrictions for the Overlay Zoning Districts set forth in this chapter impose greater standards or more restrictive requirements than are required in any other chapter or section of this Ordinance, or other local, State or federal regulation, the regulations or requirements made under this chapter shall prevail and govern. In order to carry out the purpose and intent of this chapter, the following seven (7) Overlay Zoning Districts are established:
FW Floodway Overlay Zoning District
FF Floodway Fringe Overlay Zoning District
FP General Flood Plain Overlay Zoning District
AZ Approach Zone Overlay Zoning District
CZ Conical Zone Overlay Zoning District
HZ Horizontal Zone Overlay Zoning District
TZ Transitional Zone Overlay Zoning District
175B.22 FLOOD HAZARD OVERLAY ZONING DISTRICTS.
1. Statement of Intent. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing flood losses and secure safety from flooding and to provide the following:
A. Reserve sufficient flood hazard areas for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
B. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction.
D. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
E. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.
2. Statutory Authorization and Findings of Fact.
A. Statutory Authorization. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, delegated the responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and general welfare.
B. Findings of Fact.
1. The flood hazard areas of the City of Norwalk are subject to periodic inundation which can result in loss of life, property, and health; safety hazards; disruption of commerce and governmental services; extra-ordinary public expenditures for flood protection and relief; and impairment of the tax base; all of which adversely affect the health, safety, and general welfare of the community.
2. These losses, hazards, and related effects are caused by: (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flood; and (ii) the cumulative effect of flood plain construction on flood flows, which causes increases in flood heights and flood water velocities.
3. This section relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Iowa Department of Natural Resources.
3. General Provisions.
A. Rules for Interpretation of District Boundaries. The boundaries of the district shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, the Zoning Administrator shall make the necessary interpretation with the use of available topographic information and projected flood elevations. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence to the Zoning Administrator subject to the right of appeal to the Norwalk Board of Adjustment.
B. Establishment of Official Floodplain Zoning Map. The Flood Insurance Rate Map (FIRM) for Warren County and incorporated areas, City of Norwalk, Panels 1918C0039G, 0043G, 0044G, 0126G, 0127G, 0129G, 0132G, 0133G, dated November 16, 2018, which were prepared as part of the Flood Insurance Study for Warren County, are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordinance.
(Ord. 18-20 – May 19 Supp.)
C. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.
D. Lands to Which Ordinance Applies. The provisions of this Ordinance shall apply to all lands within the jurisdiction of the City of Norwalk shown on the Official Floodplain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, and General Floodplain (Overlay) Districts, as established in Section 175B.22.
E. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
F. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
G. Warning and Disclaimer of Liability. The City, by adoption of this ordinance, does not warrant or imply to the public or any individual that compliance with this chapter will protect the public or any individual from injury, property damage, or death as result of flood, flood heights, or a consequence of water velocity or intensity accompanying any flooding. This section does not create any cause of action, right, or entitlement in the public generally or any individual whether that individual is a person, firm, corporation, or other entity. Neither the City of Norwalk nor any of its officers, officials, or employees shall have any liability to anyone for any claim, injury, property damage, death, or any claim connected therewith based upon any provisions of this section.
(Ord. 24-10 – Dec. 24 Supp.)
4. Administration of Flood Hazard Area Overlay Zoning District Regulations.
A. Duties and Responsibilities of Zoning Administrator Concerning Flood Hazard Area Overlay Zoning Districts.
(1) Duties and responsibilities of the Zoning Administrator shall include, but not necessarily be limited to, the following:
a. Review all flood plain development permit applications to insure that the provisions of this section will be satisfied.
b. Review floodplain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.
c. Record and maintain a record of (i) the elevation (in relation to Norwalk American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.
d. Notify the Iowa Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator.
e. Keep a record of all permits, appeals, variances, special use permits and such other transactions and correspondence pertaining to the administration of this chapter.
f. Submit an annual report form supplied by the Federal Insurance Administration to the Federal Insurance Administrator concerning the community's participation.
g. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.
h. Review subdivision and site plan proposals to insure such proposals are consistent with the purpose of this section and advise the Planning and Zoning Commission and the City Council of potential conflicts.
i. Prepare, keep on file, and furnish each applicant a current list of documents and publications currently utilized to determine compliance with this section and governmental agencies that may be used as an aid to interpret that agency's requirements.
j. Maintain the accuracy of the community’s Flood Insurance Rate Maps when:
∙ Development placed within the Floodway (Overlay) District results in any of the following:
o An increase in the Base Flood Elevations, or
o Alteration to the floodway boundary
∙ Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or
∙ Development relocates or alters the channel.
Within 6 months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision.
k. Perform site inspections to ensure compliance with the standards of this Ordinance.
l. Forward all requests for Variances to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
(Ord. 24-10 – Dec. 24 Supp.)
B. Flood Plain Development Permit.
(1) Permit Required. A Flood Plain Development Permit issued by the Zoning Administrator shall be secured prior to initiation of any flood plain development (any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation, or drilling operations) including the placement of factory-built homes.
(2) Application for Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Zoning Administrator and shall include the following information:
a. Description of the work to be covered by the permit for which application is to be made.
b. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address, or similar legal description) that will readily identify and locate the work to be done.
c. Identification of the use or occupancy for which the proposed work is intended.
d. Elevation of the base flood.
e. Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed.
f. For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.
g. Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this Ordinance.
(Ord. 24-10 – Dec. 24 Supp.)
(3) Action for Permit Application. The Zoning Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable provisions and standards of this chapter and shall approve or disapprove the application. For disapprovals the applicant shall be informed, in writing, of the specific reasons therefore and shall have the right to appeal to the Norwalk Board of Adjustment. The Zoning Administrator shall not issue permits for uses or variances except as directed by the Norwalk Board of Adjustment.
(4) Construction and Use to be as Provided in Application and Plan. 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 Ordinance and shall be punishable as provided in this Code of Ordinances. The applicant shall be required to submit certification by professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, and the plans submitted for variance or Zoning Administrator’s approval, prior to the building permit, use or occupancy of any structure or land.
C. Board of Adjustment Variances. The Norwalk Board of Adjustment may authorize upon request in specific cases such variance from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of this chapter will result in exceptional hardship. Variances granted must meet the following applicable standards:
(1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
(Ord. 24-10 – Dec. 24 Supp.)
(2) Variances shall only be granted upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of the variance will not result in increased flood heights; additional threats to public safety or extraordinary public expense; create nuisances; or cause fraud on or victimization of the public.
(3) Variance shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
(4) In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this Ordinance, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.
(Ord. 24-10 – Dec. 24 Supp.)
(5) All variances approved by the Norwalk Board of Adjustment shall be submitted for approval to the Iowa Department of Natural Resources for approval and such approval of the variance by the Norwalk Board of Adjustment shall not be valid until State approval is obtained.
(6) After the Norwalk Board of Adjustment has granted approval of a variance, the applicant shall have one (1) year in which to initiate and file for approval with the Iowa Department of Natural Resources.
(7) After approval by the Iowa Department of Natural Resources of the variance, the applicant must implement the development variance within one (1) year of the variance or the approval of the Norwalk Board of Adjustment is null and void and has no further force and effect.
D. Factors Upon Which the Decision of the Board Shall Be Based. In passing upon applications for special uses or requests for variances, the Board shall consider all relevant factors specified in other sections of this ordinance:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a flood plain location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
(10) The safety of access to the property in time of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site.
(12) Such other factors which are relevant to the purpose of this chapter.
E. Conditions Attached to Variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of special uses or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
(1) Modification of waste disposal and water supply facilities.
(2) Limitation on periods of use and operation.
(3) Imposition of operation controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this chapter.
(5) Flood proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Norwalk Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(6) Flood proofing measures may include, but are not necessarily limited to the following:
a. Anchorage to resist flotation and lateral movement.
b. Installation of watertight doors, bulkheads and shutters, or similar methods of construction.
c. Reinforcement of walls to resist water pressures.
d. Use of paints, membranes, or mortars to reduce seepage of water through walls.
e. Addition of mass or weight structures to resist flotation.
f. Installation of pumps to lower water levels in structures.
g. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.
h. Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
i. Construction to resist rupture or collapse caused by water pressure or floating debris.
j. Installation of valves or controls or sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures.
k. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.
175B.23 INFILL PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the Infill Planned Unit Development (IPUD) District.
1. Statement of Intent. The IPUD District is intended as an alternate redevelopment tool for smaller developments that propose a creative and innovative plan whose layout is not achievable by the standards under which the property is currently zoned. The UPUD District is to provide for the redevelopment of land under the control and in accordance with a Master Plan and development guidelines and standards in which the land uses, transportation elements, building densities, arrangements, and types are set out in a unified plan, which may provide greater flexibility of land use, bulk regulations, and building locations than the conventional zoning district may permit. The IPUD District is intended to: maximize aesthetics; encourage certain architectural standards for buildings; enable calculated infill development; permit mixed uses and diversity of bulk regulations without endangering the health, safety, welfare, and land value of surrounding and internal properties. An IPUD should consist of no more than two different land uses, but may include a combination of residential, commercial, and limited industrial, provided such Infill Planned Unit Development is compatible with the Comprehensive Plan of the City. In general, an IPUD should not deviate substantially from the current zoning of a property and should only be used in the redevelopment of older properties that cannot easily conform to current zoning standards.
2. Maximum Size, Land Use and Maximum Density. An IPUD shall consist of at most ten (10) acres, a maximum of two land use types compatible with the Comprehensive Plan of the City, and the density of the PUD shall not be in excess of the density permitted by this section and compatible with the Comprehensive Plan. An IPUD may include multiple-family or two-family dwellings in areas designated as Low Density Residential in the Comprehensive Plan, if the proposed land use is compatible with land uses adjoining and outside the PUD, and the dwelling unit density of the IPUD is not greater than fifty percent (50%) greater than the maximum density permitted by the underlying zoning as set forth in this sub-section.
3. Master Plan. As part of a proposed Infill Planned Unit Development rezoning of land in the City of Norwalk, a Master Plan shall be included on the Preliminary Plat or Site Plan for the development area which shows the generalized overall land use plan for development of the proposed IPUD and shall include the following information:
A. A vicinity map of sufficient scale to show site boundaries and the zoning of adjacent properties within 1,000 feet.
B. Dimensions, easements, legal descriptions, acreage, existing zoning, land use, and ownership of the area of the proposed IPUD; and existing zoning, land use, and ownership of contiguous properties within two hundred (200) feet. The Master Plan shall be submitted on paper sheets of 24 inches by 36 inches.
C. The location and delineation of each parcel proposed with different land uses and bulk regulations, and a schedule of the proposed land use and bulk regulations for each parcel set forth by ordinance.
D. Existing and proposed location of streets, pedestrian ways, trails, parks, recreation areas, open space, buffers, parking areas, schools, and anticipated traffic generation.
E. Area and number of dwelling units, and anticipated floor area of nonresidential buildings by parcel.
F. Existing tree masses, water channels, drainageways, flood hazard areas, and other topographic or environmentally important characteristics.
G. Proposed privately owned common areas and public ownership areas, including open space, park land, and school sites.
H. Location of existing or proposed municipal utilities and easements to serve the IPUD and adjoining properties, including sanitary sewer, storm sewer and water.
I. In addition to storm sewer facilities, other required storm water management facilities and requirements shall be shown and/or explained on the Master Plan.
J. Dimensions of all street right-of-way and paving widths, including all proposed easements.
K. Landscape areas proposed as part of small-scale IPUD proposals to include general location of shrubs, trees and earth berms.
L. Delineate the traffic impacts that would result from the project and how they can be mitigated.
4. Rules, Regulations and Guidelines for Land Use and Performance. In conjunction with the submittal of Master Plan illustrating the location of each development parcel, there shall be prepared rules, regulations and guidelines for the development of the IPUD, and such matters shall be part of the consideration by the Planning and Zoning Commission and the City Council and incorporated within an ordinance providing for the rezoning of the property to a IPUD. The rules, regulations and guidelines shall set forth the permitted land use, bulk regulations, height rules, regulations and guidelines shall set forth the permitted land use, bulk regulations, height requirements, open space and landscaping requirements, architectural standards, sign regulations, buffer requirements, off street parking and loading requirements, and other performance standards as required by the City for each parcel designated within the Master Plan. Any rules, regulations and guidelines set forth within the ordinance and Master Plan approved by the City Council providing for the rezoning shall be binding on the property owner, their heirs, successors or assigns, and shall be recorded at the Office of the County Recorder. It is understood that redevelopment parcels will have contributed to a parkland dedication in the past. Such parcels being redeveloped as an IPUD will be exempt from requiring further parkland dedication.
5. Process for City Review of Infill Planned Unit Development. The Zoning Administrator shall review the submitted IPUD proposal; may discuss any suggestions or provide additional information to the developer, and shall file a report together with the applicant’s proposal to the Planning and Zoning Commission.
A. The Planning and Zoning Commission, after receipt of the report from the Zoning Administrator, or other delegated City personnel, and receipt of the IPUD proposal, shall consider the presentation and give special attention to the following:
(1) Compatibility with Comprehensive Plan.
(2) Land use and density.
(3) Building types, functions, architecture, buffers and arrangement.
(4) Provision and use of open space and landscaping.
(5) Access to and from the site, and traffic circulation.
(6) Appropriateness and general fit to surrounding area.
B. The Planning and Zoning Commission may recommend approval or denial of the IPUD Master Plan and associated development rules, regulations and guidelines as submitted, or may require the developer to modify, alter, adjust or amend the proposed Master Plan and associated rules, regulations and guidelines, as the Commission deems necessary, in order to preserve the harmonious intent and purpose of this ordinance and the Comprehensive Plan of the City.
C. An application for approval of IPUD shall be deemed a petition for rezoning to the PUD Zoning District, but prior to an affirmative report from the Commission the applicant shall file the necessary petition as prescribed in Amendments, Section 175A.19.
D. Before any report is forwarded to the City Council by the Planning and Zoning Commission pertaining to an application submitted for an IPUD, said Commission shall determine if such proposal is compatible with the Comprehensive Plan or if such proposal represents a substantial change to the Comprehensive Plan. The Commission shall hold a public hearing, giving notice as provided by law for a rezoning.
E. After a complete review by the Planning and Zoning Commission, a written recommendation and report giving reasons as to their action shall be filed with the City Council.
F. Within a period of sixty (60) days after the City Council has received a report from the Planning and Zoning Commission, together with the proposed Master Plan, and rules, regulations, and guidelines of the IPUD development, a public hearing shall be held by the City Council in accordance with the provisions of Section 175A.19. The City Council shall then approve or deny the application, in accordance with Section 175A.19.
6. Recording of Master Plan and Associated Rules, Regulations and Guidelines. The ordinance providing for the rezoning of property to the IPUD Zoning District and the associated Master Plan, rules, regulations, and guidelines as approved by the City Council shall be recorded at the Office of the County Recorder and shall be binding on the property owners, their heirs, successors or assigns.
7. Modifications. Any proposed modifications in the approved IPUD shall first be reviewed by the Planning and Zoning Commission. Said proposed modification along with a report from the Commission shall then be forwarded to the City Council with appropriate recommendations. The City Council shall then take such appropriate action on the proposed modification and their decision shall be final. No modification may be considered that is more than a twenty percent (20%) increase in density or change of uses on the site without a public hearing as required of a rezoning procedure. A public hearing may be required before the City Council on any modification, if determined by the Council. All modifications and adjustments shall be recorded at the Office of the County Recorder as required of the original rezoning.
(Ord. 20-30 – Jan. 21 Supp.)