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West Burlington City Zoning Code

165.07 R RESIDENTIAL DISTRICTS

REGULATIONS.

1.   The following information summarizes the requirements for all five Residential Zoning Districts. All requirements that are not presented in a table format shall be assumed to apply to all five districts, unless otherwise stated. Additional requirements specific to the R-4 and R-5 Districts are referenced in Section 165.13.
Please see Section 165.18(5), for additional requirements relevant to dwellings in all Districts.
2.   Permitted Principal Uses.
R-1
R-2
R-3
R-4
R-5
Single-family detached dwellings
X
X
X
X
X
Two-family detached dwellings, including duplexes
 
 
X
X
 
Multi-family dwellings with up to 4 attached dwelling units, including, but not limited to: condominiums and townhomes
X
Mobile home park, subject to the conditions in Section 165.09
 
 
 
 
X
Public parks, private parks, playgrounds and recreational areas
X
X
X
X
X
Essential Services (as defined in Section 165.02)
X
X
X
X
X
Municipal, administrative, or public service buildings or facilities (without service yards or storage), provided any building is located no less than 20 feet from any residential lot
X
X
X
 
Churches and other religious institutions, located no less than 20 feet from any residential lot
X
X
X
 
Professional office (as defined in Section 165.03)
X
X
Any building or structure occupied or used for a children’s nursery school, elementary, middle or high school, public library, or similar cultural use, located no less than 20 feet from any side lot line
X
X
X
 
Transformer, booster, or pressure regulating stations, without service or storage, when fenced for security and screening
X
X
X
X
X
Raising of agricultural crops, excluding livestock and not involving their sale on the premises
X
X
X
X
 
 
3.   Permitted Accessory Uses.
R-1
R-2
R-3
R-4
R-5
Private garages or parking areas limited to one detached garage per lot.
X
X
X
X
 
Accessory buildings, such as a kennel, pet area, storage shed, tool house or similar buildings
X
X
X
X
X
Communications towers and antennas, no greater than 100 feet in height, as regulated by Chapter 114 of this Code of Ordinances.
X
X
X
X
Living quarters within the principal structure for persons employed on the premises, such as a caretaker or housekeeper
X
X
X
X
 
Private swimming pools, provided that access is appropriately controlled by security fencing
X
X
X
X
 
Parking of one licensed recreational vehicle or piece of recreational equipment, no more than 18 feet in length, within the front yard, on a durable, dust-free surface
(Parking of vehicle or equipment shall not interfere with driving visibility)
X
X
X
X
 
Home occupations, when housed within a single-family dwelling, as regulated in Section 165.20
X
X
X
X
X
 
For additional regulations pertaining to accessory structures and attached garages, see General Provisions (Section 165.18(7)).
4.   Special Uses. As authorized by the Board of Adjustment (Section 165.24).
R-1
R-2
R-3
R-4
R-5
Multi-family dwellings with greater than 4 attached dwelling units, including, but not limited to apartments
X
Assisted living facility or nursing home, on a lot of 20,000 SF or more, provided that any such building be at least 50 feet from any other property occupied by a permitted residential use
X
Privately operated country clubs, golf courses, swimming clubs, and similar recreational facilities, provided that any principal or accessory building shall be located no less than 200 feet from any lot in a Residential District
X
X
X
X
 
Bed and breakfast
X
X
X
X
 
Kindergartens, daycare facilities, or nursery schools, provided that any play lot be suitably fenced and screened, as determined by the Board of Adjustment
 
 
 
X
 
Private hospital, on a lot of 5 acres or more, provided that any such building be at least 50 feet from any lot in a Residential District
X
Home businesses, when housed within a single-family dwelling, as regulated in Section 165.19
X
X
X
X
X
 
5.   Building and Lot Requirements. The following minimum requirements shall be observed subject to the additional requirements, exemptions, and modifications in Section 165.20. Properties within the OT-Old Town Overlay District are subject to additional modifications, as outlined in Section 165.16.
 
R-1
R-2
R-3
R-4
Minimum Lot Area per Dwelling unit
20,000 SF
7,500 SF
Single-family: 7,000 SF Two-family: 5,000 SF per unit
Single-family: 6,000 SF
Two-family: 5,000 SF Townhome/Condo: 3,500 SF Apartment: 2,000 SF
Studio/Efficiency Apartment: 1,500 SF
Minimum Lot Width
100 ft.
70 ft.
70 ft.
1 to 4.5 stories - 70 ft.
5 to 5.5 stories - 85 ft.
6 stories - 100 ft.
Maximum Height - Principal Building
3 stories (45 ft.)
2.5 stories (30 ft.)
2.5 stories (30 ft.)
6 stories (75 ft.)
Maximum Height - Accessory Building
1.5 stories (22 ft.)
1 story (18 ft.)
1 story (18 ft.)
n/a
Minimum Street Frontage
50 ft.
50 ft.
37.5 ft.
n/a
 
6.   Yard Measurements. The following minimum requirements shall be observed subject to the additional requirements, exemptions, and modifications in Section 165.20. Properties within the OT-Old Town Overlay District are subject to additional modifications, as regulated in Section 165.16.
 
R-1
R-2
R-3
R-4
Minimum Front Setback
35 ft.
1 or 1.5 stories - 30 ft. 2 or 2.5 stories - 32 ft.
20 ft.
1 to 3.5 stories - 35 ft. 4 to 4.5 stories - 40 ft. 5 to 5.5 stories - 45 ft. 6 stories - 50 ft.
Minimum Rear Setback
35 ft. (or 10 ft. for accessory buildings)
35 ft.
35 ft.
1 to 2.5 stories - 30 ft. 3 to 3.5 stories - 35 ft. 4 to 4.5 stories - 40 ft. 5 to 5.5 stories - 45 ft. 6 stories - 50 ft.
Minimum Side Setback - Least Width
n/a
1 or 1.5 stories - 7 ft. 2 or 2.5 stories - 9 ft.
1 or 1.5 stories - 6 ft. 2 or 2.5 stories - 8 ft.
1 to 2.5 stories - 6 ft. 3 to 3.5 stories - 9 ft. 4 to 4.5 stories - 11 ft. 5 to 5.5 stories - 16 ft. 6 stories - 18 ft.
Minimum Side Setback - Sum Least Width
1 or 1.5 stories - 16 ft. 2 or 2.5 stories - 20 ft. 1 or 1.5 stories - 16 ft. 2 or 2.5 stories - 20 ft.
1 or 1.5 stories - 14 ft. 2 or 2.5 stories - 18 ft.
 
In any R-1 and R-2 District, when the length of the building wall adjacent to the side yard exceeds 40 feet, side setback shall be increased in width by 2 inches for each additional foot above 40. In any R-3 District, the same applies when the length of the wall exceeds 50 feet.
7.   Parking. As regulated by Section 165.19, Off-Street Parking and Loading Spaces.
8.   Sign Requirements. As regulated by Chapter 160 of this Code of Ordinances.
9.   Fencing.
The following types of fencing (see Section 165.03, Definitions) are allowed in all Residential Districts, under the specified conditions:
   A.   
Type of Fence
Stipulations
Boundary Fence
may be placed up to the actual boundary line between two properties of separate ownership
not allowed in any front yard
material may be of wood, metal, concrete or a combination of wood, metal and concrete, or of living shrubs, as long as they do not encroach upon the adjoining property
may be solid, slatted, decorative, or secure in nature
may not exceed 5 feet in height above grade level, unless approved by the Board of Adjustment
Decorative Fence
may be used for landscaping purposes, in any yard – front, side, or rear
shall not exceed 4 feet above grade level
In a front yard, any fencing other than a split-rail or picket fence made of wrought iron, wood, or vinyl shall require the approval of the Board of Adjustment.
Privacy Fence
not allowed in any front yard
may be placed up to rear and side lot lines
shall not exceed 6.5 feet above grade level, or the floor level of the patio, deck, or swimming facility for which it is constructed.
Security and/or Impoundment Fence
not allowed in any front yard
must be placed at least three (3) feet inside the rear and side lot lines
shall not exceed 6.5 feet above grade level, or the floor level of the patio, deck or swimming facility for which they are constructed.
 
   B.   Prohibited Materials. Barbed wire shall not be used for any fencing in a Residential District.
   C.   Corner Lots. The following provisions apply to solely corner lots:
      (1)   No fence, structure, or planting shall be erected or maintained within 20 feet of the lot corner, unless reviewed for traffic safety and visibility, and approved by the Board of Adjustment.
      (2)   For corner lots, the yard on the side of the dwelling facing the side street shall be functionally considered a front yard, subject to the same fencing restrictions as all other front yards.
10.   Impervious Surfaces. For the maximum amount of impervious surface allowable on a particular residential lot, see Section 165.21, Storm Water Drainage Controls.
11.   Transitional Uses in Residential Districts. In an R-2 or R-3 District, a transitional use shall be permitted on a lot, of which the side lot line adjoins any Business or Industrial District, either directly or across an alley. In such a case – and only such a case – the requirements of a less restrictive District shall apply, as follows:
   A.   R-2 Districts. The permitted transitional uses for an R-2 District shall include any use permitted in an R-3 District, subject to the R-3 requirements governing the following:
      (1)   Lot area per dwelling unit
      (2)   Off-Street parking
      (3)   Yard and open space dimensions
   B.   R-3 Districts. The permitted transitional uses for an R-3 District shall include any use permitted in an R-4 District, subject to the R-4 requirements governing the following:
      (1)   Lot area per dwelling unit
      (2)   Off-Street parking
      (3)   Yard and open space dimensions
   C.   In the case that the lot in question is more than 100 feet wide, the transitional use shall not extend greater than 100 feet from the side lot that adjoins the Business or Industrial District.