Loading...
Zoning Ordinance Review/ReviseCITY OF DUBUQUE, IOWA MEMORANDUM February 17, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Zoning Ordinance Review/Revision In response to a City Council priority, Planning Services Manager Laura Carstens is recommending adoption of a revised format for the Zoning Ordinance. Staff has attempted to address the City Council's goals and the contractors' request with the attached guide. The guide is a consolidated version of the residential portions of our Zoning Ordinance, incorporating charts with permitted uses, conditional uses and accessory uses into one brief handout. It also includes definitions from the Zoning Ordinance which apply to residential regulations. Should the City Council find this new format acceptable, staff would begin working with stakeholders on content issues and bring those amendments back for Council consideration. Also, work would begin on revising the office, commercial, industrial and special zoning districts into a similar format. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 28, 2000 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Zoning Ordinance Review/Revision Introduction This memo transmits a revised format for the residential sections of the Zoning Ordinance, for review and approval by the City Council. Discussion One of the City Council's 1996-1997 goals was to review and revise the Zoning Ordinance. Staff proposed hiring a consultant for this process. The City Council decided to have Planning Services staff do this evaluation instead. In May, 1997, City staff received a suggestion from the Contractors' Roundtable, who primarily are members of the Dubuque Homebuilders Association. They asked the City to restructure the Zoning Ordinance to make it more "user friendly" with smaller manuals on each district. Contractors said that the residential portion of the Zoning Ordinance is difficult to read and confusing because residential regulations are located in separate sections of the ordinance. They asked staff to begin with a consolidation of the residential districts, because most of their work is on residential structures. Since many of our customers are homeowners, landlords, homebuilders and Realtors who deal with residential property, we determined that our initial review and revision of the Zoning Ordinance should be the residential sections. We have attempted to address the City Council's goals and the contractors' request with the attached guide. The guide is a consolidated version of the residential portions of our Zoning Ordinance, incorporating charts with permitted uses, conditional uses Michael C. Van Milligen, City Manager January 28, 2000 Page 2 and accessory uses into one brief handout. We also have included definitions from the Zoning Ordinance which apply to residential regulations. Our aim is to make this guide a useful, visually pleasing document. We have surveyed the following groups for their comments regarding the revised format: Long Range Planning Advisory Commission (LRPAC) Zoning Advisory Commission (ZAC) Zoning Board of Adjustment (ZBA) Dubuque Area Chamber of Commerce Greater Dubuque Development Corporation Dubuque Homebuilders Association Contractors' Roundtable Developers' Roundtable In addition to the attached letter of support from the LRPAC, ZAC and ZBA and Jack Leaman, Corey Development, other comments received were: *Much better organized and easier to read. (Eldon Digman, Remax Realty) *Looks much better, easier to follow. (Mike Ruden, Durrant Architects and ZBA member) *Format is good, would like to be surveyed when content is reviewed. (Pat Friedman, Prudential Friedman Realty) *The ordinance looks great. I was able to find most things quickly. The charts are very helpful. I think you're off to a great start. (Anna O'Shea, County Zoning Administrator and LRPAC member) *Looks great! Can we perhaps get this on CD or E-mail? (Bob Felderman, Felderman Appraisals) As an initial step, we have tested the revised format for the residential sections with our primary customers. With the City Council's approval of the revised format, we will begin work on revising the office, commercial, industrial and special zoning districts in a similar format. We also will look at the content of the residential regulations, and add graphics and illustrations. We will test the content with the groups already surveyed, as well as neighborhood organizations and City boards and commissions. Michael C. Van Milligen, City Manager January 31, 2000 Page 3 We then will share the results of this input and our recommended content revisions with the City Council. At that time, we would request direction from the City Council regarding ordinance amendments. Recommendation At this time, we would like the City Council's comments on and approval of a revised format for the Zoning Ordinance before we look at content and add graphics and illustrations. Are there other format improvements that we could make at this time? Are there other process steps that the City Council would like staff to take as we proceed with our review and revision of the Zoning Ordinance? Action Step The requested action step is for the City Council to review and approve a revised format for the Zoning Ordinance. /klm Attachments Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4210 (319) 589-4149 FAX October 26, 1999 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 RE: Zoning Ordinance Review/Revision Dear Mayor and City Council Members: The Long Range Planning Advisory Commission has reviewed the revised format of the Zoning Ordinance. A copy of the reformatted ordinance is attached for your review. Discussion The Long Range Planning Advisory Commission discussed the revised ordinance. They commended staff on the simplified format and charts. They asked that they be able to review the text of the ordinance at a future meeting. Recommendation By a vote of 6 to 0, the Long Range Planning Advisory Commission recommends that the City Council approve the revised format of the residential section of the Zoning Ordinance. Respectfully submitted, Gordon Mills, Chairperson Long Range Planning Advisory Commission Attachments Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4210 (319) 589-4149 FAX November 12, 1999 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 RE: Zoning Ordinance Review/Revision Dear Mayor and City Council Members: The Zoning Advisory Commission has reviewed the revised format of the Zoning Ordinance. A copy of the reformatted ordinance is attached for your review. Discussion The Zoning Advisory Commission discussed the revised ordinance. They felt that the new format is more user friendly as it places all regulations related to residential property in one section of the ordinance. Recommendation The Zoning Advisory Commission recommends that the City Council approve the revised format of the residential section of the Zoning Ordinance. Respectfully submitted, Richard Schiltz, Chairperson Zoning Advisory Commission Attachments Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4210 (319) 589-4149 FAX November 24, 1999 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 RE: Zoning Ordinance Review/Revision Dear Mayor and City Council Members: The Zoning Board of Adjustment has reviewed the revised format of the Zoning Ordinance. Discussion The Zoning Board of Adjustment discussed the revised ordinance. They thought the new format is more user friendly. Recommendation The Zoning Board of Adjustment recommends that the City Council approve the revised format of the residential section of the Zoning Ordinance. Respectfully submitted, Mike Ruden, Chairperson City Zoning Board of Adjustment Attatchments COREY DEVELOPMENT, LTD December 3, 1999 Kay Munson Planning Technician Planning Services Department 50 West 13th Street Dubuque, Iowa 52001 - 4864 Re: Response to draft of Residential Districts Zoning Ordinance / City of Dubuque, Iowa Kay: Thank you for including Corey Development, Ltd. on your list of participants in the 'Developers' Roundtable. I am an independent Planning Consultant providing professional services to Wendell Corey, President of Corey Development, Ltd. here in Mason City. He has asked me to review the draft of the proposed 'Residential District' Guide and provide my comments and suggestions to you. Naturally, I am very pleased to do so. In my opinion, the City of Dubuque has been very responsive and helpful in the planning matters, which I have participated in to date. As an indication of my background I have 45 years of planning experience, approximately half in the public sector and half in the private sector. In my opinion this has been very helpful to understand 'both sides of the table!' Also, I have had the pleasure to serve as the Planning Director in both large and small communities; Le. Santa Barbara, California; Mason City, Iowa; Albuquerque, New Mexico; and Colorado Springs, Colorado... and 'Citizen Participation in the Planning Process' was my masters thesis at Iowa State University in 1982. Therefore, I strongly believe in 'user friendly' codes and ordinances, and the opportunity for the 'users' in the community to participate in the process of preparing the ordinances which they work with on a daily basis, or have to interpret when they wish to do something with their property. I provide you with this 'background' Kay so that my support and compliments for what you and the planning staff are doing there in Dubuque will hopefully provide some 'weight' and encouragement for your good work. As I'm sure you and most other planners realize is that 'John and Jane O. Public' have a 'fear of the unknown, and the bureaucracy!'... so anything we can do to make the process more 'user friendly' and understandable is the right thing to do... and will be very much appreciated by the citizens, the 'constituents' of those who are elected to make government more understood and helpful. Also, the contractors and builders of the community will feel like their suggestions and concerns have been heard and understood. Including them in the 'process' is absolutely the right thing to do... I have read through the new Residential Land Use Districts Guide, and I do understand that it is not intended to 'replace' the ordinances that exist at this time. But it is definitely a worthwhile staff effort and will be appreciated by many. I do have a couple of 'suggestions' that you may wish to discuss with the others; . I see that the 'definitions' are at the end of the Guide. I am not that familiar with your other ordinances and perhaps that is the standard format used. If not, I would suggest that the 'definitions' be place up front, following the General Purpose and Intent, in order to answer a lot of questions that may be answered sooner if that information is provided sooner... based on some personal 'experiences'... . Also, instead of starting right off with the General Purpose and Intent page, how about adding a one page of 'How to Use This Guide'... a good opportunity to really get off on the right foot toward a 'user friendly' attitude and service to the reader... only one page... and keep simple, easy to read and understand... this helps 'set the scene' for the 'sharing' of information intended by the following items...1 have also found this to be an important part of such a document... As far as the Guide itself is concerned, it is very well done. ..bold type for the headings, short paragraphs, bullets for the items, charts for comparison and clarification of the district differences, summary charts for each of the districts, etc... very well done...1 will dig in my 'planning boxes' and see if I can come up with a copy of one or two items we did in other cities that were meant to be 'user friendly' type items to make people more aware and appreciative of what 'good planning' is suppose to do for the community... as you can imagine, I have 'collected' a pretty good box of 'good old stuff' that I have used in my teaching sessions down at good old ISU... which I am not doing anymore... I really miss the 'teaching' part... but I don't miss the 3 days per week back and forth to Ames, or wherever the class happened to be that night doing our thing for some community... I came 'home' to Mason City to live here because this is where my wife and I grew up, etc. ... yes, the 'old high school sweethearts' type thing. We are very happy to be 'home' again, and enjoying all the 'good old Iowa stuff' that those other places never quite replaced... Dubuque has always been sort of a 'special place' ever since I have know about Eagle Park, the Clock Tower Plaza, and many other wonderful 'landmarks'... so keep on doing good things to perpetuate the 'sense of place' that is Dubuque, and be careful not to let things happen that could simply be 'anywhere USA'... I think there is a 'trend' to preservation and restoration and hopefully to some new 'creativity' that needs to be encouraged, in keeping with the 'local flavor' of the community... it seems to me that your staff has the right attitudes and hopefully the 'stamina' to 'hang in there' and provide good planning guidance and recommendations... even when not all people understand and appreciate what that means... to us all... OK...OK... so much for the 'lectures' and the 'sermons'... what I really mean to say with all of this here typing is that you a done a very good job; perhaps the couple of suggestions above would help make it even better... please let me see the 'final product' when it comes off assembly line... Best Wishes... Jack E. Leaman FASLA / AICP ZONING ORDINANCE CITY OF DUBUQUE RESIDENTIAL DISTRICTS This guide is not intended to cover every aspect of City zoning regulations, and should not be considered the final or definitive authority on any of the matters it addresses. It is only a general guide. If you have Questions about the City's zoning requirements, contact the Planning Services Department, 50 West 13th Street, Dubuque, Iowa 52001-4864 (319) 589-4210. 10/99 RESIDENTIAL LAND USE DISTRICTS GENERAL PURPOSE AND INTENT R-1 Single-Family Residential District The R-l District is the most restrictive residential district. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities normally required to service the residents within the district. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. R-2 Two-Family Residential District The R-2 District is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities and introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. R-2A Alternate Two-Family Residential District The R-2A District is intended to provide for the protection of certain older areas of the community developed principally as single-family and two-family uses. The purpose of this district is to stabilize and preserve the residential character of existing areas through the establishment of bulk regulations in conformity with existing conditions. Characteristics of the R-2A District are: smaller than average lot widths and area, established building lines much closer to the public right-of-way and property lines and/or greater lot coverages. The R-2A District is to be selectively placed on those areas displaying 1 or more of the above characteristics. R-3 Moderate Density Multifamily Residential District The R-3 District is intended to provide residential areas of moderate density developments which may include a variety of dwelling types ranging from single-family to low-rise multifamily dwellings. R-4 Multifamily Residential District The R-4 District is intended to provide residential areas of moderate to high density developments. The R-4 District is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development. Principal Permitted Uses and Parking Requirements in Residential Districts R-1 R-2 R-2A R-3 R-4 Single-family detached residential dwelling. .t .t .t .t . Off-street parking required: 2 spaces/dwelling unit Two-Family residential dwelling (duplex). .t .t .t . Off-street parking required: 2 spaces/dwelling unit Townhouses (maximum of 2 dwelling units). .t .t . Off-street parking required: 2 spaces/dwelling unit Townhouses (2 to 6 dwelling units). .t . Off-street parking required: 2 spaces/dwelling unit Townhouses (3 to 12 dwelling units). .t . Off-street parking required: 1.5 spaces/dwelling unit Multifamily dwelling (2 to 6 dwelling units). .t . Off-street parking required: 1.5 spaces/dwelling unit Multifamily dwellings (3 to 12 units per building). .t . Off-street parking spaces required: 1.5 spaces/dwelling unit Rooming/boarding house (maximum 10 roomers). .t . Off-street parking required: .75 spaces/person Churches. convents and monasteries. .t .t .t .t .t . Off-street parking required: 1 space for each 4 permanent seats Cemeteries. mausoleums and columbariums. .t .t .t .t .t . Off-street parking required: As determined by City Planner Public and private/parochial schools approved by .t .t .t .t .t Iowa State Board of Public Instruction (K-12). . Off-street parking required: 1.5 spaces for each employee on the maximum shift for grades K-12, plus 1 space for each 10 students for grades 9-12 Public or private parks. golf courses, or similar .t .t .t .t .t natural recreation areas. . Off-street parking required: As determined by City Planner Railroads and public or quasi-public utilities including .t .t .t .t .t substations. . Off-street parking required: As determined by City Planner Noncommercial nurseries and gardens. .t .t .t .t .t . Not applicable 2 Conditional uses The following conditional uses are permitted in residential zoning districts subject to the provisions of Section 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Conditional Uses in Residential Districts R-1 R-2 R-2A R-3 R-4 Bed and breakfast home. .I .I .I . Parking shall be provided at a rate of one space/guest room. The parking shall be provided on-site or on a street frontage of the 3 property and should not intensify parking problems in the s 3 "om. ,oom. ,oom. neighborhood. m.., mR m... Bed and breakfast inns. .I .I . Parking shall be provided at a rate of one space/guest room. The parking shall be provided on-site or on a street frontage of the 9 9 property and should not intensify parking problems in the ,oom. ,oom. m... m.., neighborhood. Group day care center. .I .I .I .I .I . 1 space for each employee on the maximum shift. Group home. .I .I . Off-street parking required: .75 spaces/person. Off-street parking of operable automobiles.(N/A) .1 .1 .1 .1 .1 Hospice. .I .I .I .I .0.5 spaces for each bed plus 1 space for each employee on the maximum shift. Zero lot line homes. .I .I . Off-street parking required: 2 spaces/dwelling unit Off-premise residential garage. (N/A) .I .I .I Rooming/boarding houses, maximum 10 roomers. .I . Off-street parking required: .75 spaces/person Nursing or convalescent home. .I .I . 0.5 spaces for each bed plus 1 space for each employee on the maximum shift. Housing for the elderly and persons with disabilities. .I .I .0.5 spaces for each dwelling unit. Mortuaries and funeral homes. .1 .1 .I . 1 space for each 100 square feet of public service or viewing area, plus 1 space for each employee on the maximum shift. 3 Additional Regulations for Conditional Uses in Residential Zoning Districts Bed and breakfast home, provided that: The structure is either regulated by the Historic Preservation Ordinance or is listed on the National Register of Historic Places; The use is maintained within an owner-occupied, single-family dwelling; the structure has a minimum total floor area of 4,500 square feet, with not more than one sleeping room for each 750 square feet of floor area. Signage shall be limited to one wall-mounted sign not to exceed 6 square feet in area, not internally illuminated, and with direct lighting only with a sharp cut-off luminance; The permit shall not license the property for rental as a private club, museum, or tour home; The parking shall be provided at a rate of one space per guest room. The parking shall be provided on-site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Bed and breakfast inn, provided that: The structure is either regulated by the Historic Preservation Ordinance or is listed on the National Register of Historic Places; The property has a full-time resident owner or resident manager; The structure has a minimum total floor area of 4,500 square feet, with not more than one sleeping room for each 750 square feet of floor area, with a maximum of nine sleeping rooms; Signage shall be limited to one wall mounted, projecting sign with not more than a 40 inch projection, or freestanding sign, per street frontage not to exceed 6 square feet in area, not internally illuminated, and with direct lighting only with sharp cut off luminance; The permit shall not license the property for rental as a private club, museum or tour home; Parking shall be provided at a rate of one space per guest room. The parking shall be provided on-site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Group day care center provided that: Forty square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, 35 square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied 4 by cribs times the licensed capacity; Seventy-five square feet of fenced outdoor recreation space is provided per child using the space at a given time; Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and Sign age shall be limited to 1 non-illuminated, wall-mounted sign not to exceed 4 square feet in area. One parking space per employee on the maximum shift required. Group home, provided that: Not less than 650 square feet of lot area be provided per resident; 75 parking spaces for each person or tenant is required. Signs shall not be permitted except for nameplates not to exceed 6 square feet. Off-street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 District) or institutional district only, provided that: No structure other than a screening or security fence or wall shall be erected on the premises; Signage shall be limited to 1 freestanding sign of no more than 6 square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; A site plan shall be submitted and approved. Hospice, provided that: Signs shall not be permitted. Zero lot line homes, provided that: The adjoining property owner, on the zero lot line side, agrees to the property line location and to providing a five-foot maintenance easement prior to board review; The roof overhang shall not extend across the property line; 5 A minimum of 6 feet can be maintained between homes and other structures. Off-premise residential garage, provided that: It is incidental and subordinate to a permitted residential use and located on a lot within 300 feet of the residential use it serves; It is owned and maintained by the property owner within 300 feet of the residential use it serves; Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; That all garages have a hard surfaced driveway. No such use shall exceed 720 square feet of floor area per dwelling unit and a height of 15 feet; No commercial storage, sales or home occupations shall be permitted within such structure; No outside storage shall be permitted in conjunction with such use; A site plan shall be submitted. Rooming/boarding houses, maximum 10 roomers, provided that: The owner or manager of said use shall maintain a permanent residence on site. Nursing or convalescent home, provided that: The minimum lot size for such use shall be 40,000 square feet; A minimum lot frontage of 100 feet shall be maintained; Housing for the elderly and persons with disabilities, provided that: .5 parking spaces per dwelling unit required. Mortuaries and funeral homes, provided that: A minimum lot size of 20,000 square feet shall be provided; A minimum lot frontage of 100 feet shall be maintained; The 40 percent maximum lot coverage shall not be exceeded; A site plan shall be provided showing the proposed layout of the buildings, parking area, drive aisles, and required screening and landscaping according to the site plan provisions of Section 4 of this ordinance; 6 Accessory uses The following uses are permitted in all residential zoning districts. Fences. Attached garages. (All garages must have a hard surfaced driveway.) Detached garages. (All garages must have a hard surfaced driveway.) Garage sales or rummage sales provided that not more than 3 such sales shall be allowed per premises per calendar year and not more than 3 consecutive days per sale. Home occupations. Noncommercial gardens and nurseries. Noncommercial greenhouses. Off-street parking and storage of vehicles. (All parking and storage areas must be hard surfaced.) Readily movable sports, recreation, or outdoor cooking equipment. Solar collectors. Satellite receiving dishes. (If greater than 5 foot in dIameter, a site plan is required.) Storage buildings. Tennis courts, swimming pools and similar permanent facilities. (Site plan required.) Wind generators. Location. No accessory use, building, or structure permitted by this Ordinance may be located in a required front yard, except as otherwise specifically authorized. No accessory building and no structure, equipment or material of any kind exceeding 5 feet in height may be located in a required side yard. If satellite receiving dishes are attached to a roof of a principal building then the height of said structure shall not exceed the highest point of the building on which it is mounted. Roof-mounted satellite receiving dishes shall be limited to 6 feet in diameter. Accessory Use/Building Coverage. The lot coverage of permitted accessory uses and/or buildings and the principal building it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area per each district. The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory building{s) exceed the lot coverage of the principal building it serves, with a maximum of 1,000 aggregate square feet for all detached structures. Accessory Building And Structure And Height Limitations. No accessory building or structure permitted by this Ordinance shall exceed 1 floor level and a height of 15 feet measured from ground level, except for wind generators. Wind generators shall have no rotating or moving portion of the structure closer than 8 feet to ground level unless a 4 foot fence is provided around said structure regardless of whether or not a perimeter property fence is existing. (See diagram.) 7 Side and Rear Yard Setback for Detached Accessory Buildings, Structures and Uses within Residential Districts. Side yard setbacks for all permitted accessory buildings, structures or uses shall be the same as required for the principle permitted use in the bulk regulations section of the specific zoning district. Rear yard setbacks for all permitted accessory buildings, structures or uses shall be 6 feet for all zoning districts. Residential Dwelling Prohibited in Accessory Buildings. No accessory building may be used for residential dwelling purposes at any time. Temporary uses: A building or trailer used for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official is permitted in residential zoning districts. 8 Bulk Regulations, Bulk regulations control the size and setbacks of buildings and include lot area, lot frontage, lot coverage, required front yard, required side yard, required rear yard and building height. (P) designates permitted uses and (C) designates conditional uses. R-1 Sinale-Familv Residential Zonina District Single-family residential (P) 6,000 60' 40% 20' 50' 6' 20% 30' Church ('see Section 2-5.10) (P) 20,000 100' 40% 20' 20' 20% 30' Nursery school/day care (C) 6,000 60' 40% 20' 6' 20% 30' Lot area in Squara Feat Minimum Covaraga As % Sida Yard Rear Yard Building Lot Frontaga Lot Araa Front Yard Satbacks Satback Satback % Dapth Haight Minimum Maximum Minimum Maximum Minimum Minimum Maximum R-2 Two-Familv Residential Zonina District Single-family residential (PI 5,000 50' 40% 20' 50' 6' 20% 30' Two-Family residential (P) 6,000 50' 40% 20' 50' 6' 20% 30' Townhouse (max. 2 DU) (PI 3,000/DU 25/DU 40% 20' 50' 6/0 20% 30' Church ('see Section 2-5.101 (P) 20,000 100' 40% 20' 20' 20% 30' Hospice (C) 6,000 50' 40% 20' 6' 20% 30' Nursery school/day care (CI 5.000 50' 40% 20' 6' 20% 30' Lot araa in Lot Squara Feet Frontaga Minimum Minimum Covsraga As % Side Yard Rear Yard Building Lot Araa Front Yard Satbacks Setback Satback % Dapth Haight Maximum Minimum Maximum Minimum Minimum Maximum 'Sect/on 2-5.10. Struclures Permitted Above the Height Lim/ts: The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and other necessary mechanical appurtenances and their protective housing. Churches, however, may be erected to a height not exceeding 75 feet provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 9 R-2A Alternate Two-Familv Residential Zonina District Single-family residential (PI 2,500 25' 50% 10' 50' 3' 10% 30' Two-family residential (P) 2,500 25' 50% 10' 50' 3' 10% 30' Townhouse (max. 2 DU) (P) 2,500/DU 25'/DU 50% 10' 50' 3/0' 10% 30' Church ('see Section 2.5.10) (P) 20,000 100' 40% 10' 20' 20% 30' Individual zero lot line (CI 2,500 25' 50% 10' 50' 8/0' 10% 30' Hospice (CI 2,500 25' 50% 10' 3' 10% 30' Nursery school/day care (C) 2,500 25' 50% 10' 3' 10% 30' Off-premise residential garage (C) 10' 3' 6' 15' Lot ef88 in Lot CovefBge As % Side Yerd Reer Yerd Setbeck Building SquefB Feet Frantege Lot Aree **Front Yerd Setbecks Setbeck % Depth Height Minimum Minimum Meximum Minimum Meximum Minimum Minimum Meximum 'Section 2-5.10. Structures Permitted Above the Height Limits: The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and other necessary mechanical appurtenances and their protective housing. Churches, however, may be erected to a height not exceeding 75 feet provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. * * Minimum 20 foot setback for garages facing street. 10 R-3 Moderate Densitv Multi-Familv Residential Zonin9 District Coverage Lot erae in Lot As% Side Yard Rear Yard Building Square Feet Frontage Lot Area Front Yard Setbacks Setbacks Setback % Depth Height Minimum Minimum Maximum Minimum Maximum Minimum Minimum Maximum Single-family residential (P) 5,000 50' 40% 20' 50' 4' 20% 30' Two-family residential (P) 5,000 50' 40% 20' 50' 4' 20% 30' Multi-family residential (max. 6 3,200/DU 50' 40% 20' 4' 20% 30' DU) (P) Townhouse (max. 6 DU) (P) 500/DU 16'/DU 40% 20' 4/0' 20% 30' -- Church ('see Section 2.5.10) (P) I 20,000 I 100' I 40% I 20' I I 20' I 20% I 30' Nursery school/day care (C) Individual zero lot line (C) 5,000 50' 40% 20' 50' 10/0' 20% 30' Group home (C) 5,000 50' 40% 20' 4' 20% 30' Hospice (C) 5,000 50' 40% 20' 4' 20% 30' Rooming and boarding house (C) 5,000 50' 40% 20' 4' 20% 30' Nursing home IC) 20,000 100' 40% 20' 20' 20% 30' Housing, elderly (C) 20,000 100' 40% 20' 20' 20% 30' Mortuary, funeral home 20,000 100' 40% 20' 20' 20% 30' Off-premise residential garage (C) 20' 4' 6' 15' 'Section 2-5.10. Structures Permitted Above the Height Limits: The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and other necessary mechanical appurtenances and their protective housing. Churches, however, may be erected to a height not exceeding 75 feet provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 11 R-4Multi-Familv Residential Zonina District Multi-family residential (max. 12 2,000/DU 50' 40% 20' N/A 3'" 20% 40' DU) (P) Townhouse (max. 12 DU) (PI 2,000/DU 16'/DU 40% 20' N/A 3/0'" 20% 40' Rooming and boarding house (PI 5,000 50' 40% 20' N/A 3'" 20% 40' Church ('see Section 2.5.10) (PI 20,000 100' 40% 20' N/A 20'" 20% 40' Group home (C) 5,000 50' 40% 20' N/A 3'" 20% 40' Hospice IC) 5,000 50' 40% 20' N/A 3'" 20% 40' Nursery school/day care (C) 5,000 50' 40% 20' N/A 3'" 20% 40' Nursing home (C) 20,000 100' 40% 20' N/A 20' 20% 40' Housing, elderly (CI 20,000 100' 40% 20' N/A 20' 20% 40' Mortuary, funeral home 20,000 100' 40% 20' N/A 20' 20% 40' Off-premise residential garage (CI 20' N/A 3' 6' 15' Lot area in Lot Square F88t Frontage Minimum Minimum Coverage As % Side Yard Rear Yard Building Lot Area Front Yard Setback Setback Setback %Ðepth Height Maximum Minimum Maximum Minimum Minimum Maximum * Plus one (1) additional foot per floor above the second floor. * 'Sectlon 2-5. 10. Structures Permitted Above the Height LImits: The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and other necessary mechanical appurtenances and their protective housing. Churches, however, may be erected to a height not exceeding 75 feet provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 12 Signs Permitted in Residential Zoning Districts Following is a list of on-premise signs which are allowed in residential zoning districts. Identification Signs for Educational or Religious Institutions 2 signs 32 sq. ft. Wall-mounted - Freestanding Indirect lighting Motion maximum per sign only, no flashing not allowed below eave or 10 feet high allowed parapet No projection allowed into public right-of-way. Identification Signs for Real Estate Develooment of Subdivision 1 sign for 32 sq. ft. Wall-mounted - Freestanding Indirect lighting Motion each street per sign only, no flashing not entrance below eave or 10 feet high allowed parapet No projection allowed into public right-of-way. To be located on property that is part of the subdivision it is identifying. Directional Sians for Parking Lots. Educational or Religious Institutions Not specified 6 sq. ft. Wall-mounted Freestanding Indirect lighting Motion per sign or projecting below eave or only, no flashing not parapet allowed Freestanding 10 feet high No projection allowed into public right-af-way. Off-premises signs are not allowed in residential zoning districts, except for temporary signs. Signs may not project into the public right-of-way. 13 Definitions for Residential Districts Accessory building: A subordinate building, located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. Accessory use: A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use. Alley: A public right of way which affords a secondary means of access to abutting properties, not to be considered a street. Babysitting: A residential accessory use providing temporary supplemental parental care for nonrelated children under twelve (12) years of age where such care is provided within a dwelling unit by the permanent resident thereof and that the number of such children shall not exceed six (6) children at anyone time. Basement: Any floor level below the first story in a building, except that a floor level in the building having only one floor level shall be classified as a basement unless such floor level qualifies as first story (See diagram for story). Bed and breakfast home: A structure containing a single dwelling unit, which provides lodging and meals for overnight guests only, in which no more than five (5) sleeping rooms are available for guests and is the principal residence (as defined in the Internal Revenue Code) of a person owning not less than 30 percent of the fee title to the property. Each sleeping rom in a bed and breakfast home shall be at least one hundred forty (140) square feet in area. Bed and breakfast inn: A structure containing a single dwelling unit with a full-time resident owner or resident manager which provides lodging and meals for overnight guests only and has no more than nine (9) sleeping rooms available. Each sleeping room shall be at least one hundred forty (140) square feet in area. Breezeway: A roofed open passage connecting two (2) otherwise detached buildings. Breezeway connections shall not be construed to alter the detached status of the buildings so connected. Building: Any structure used or intended for supporting or sheltering any use or occupancy. Building height: The vertical distance from the average ground level at the front wall of the building to the highest point of the underside of the ceiling beams for a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building line: See: Setback. 14 Bulk regulations: An indication of size and setback of buildings and their location with respect to one another including lot area, lot frontage, lot coverage, required front yard, required side yard, required rear yard and building height. Conditional use: A use which is permitted in a district only upon a finding by the Zoning Board of Adjustment at a public hearing that specific conditions as established by this Ordinance are present and can be met. Day care home: A residential accessory use providing temporary supplemental parental care for children where such care is provided within a dwelling unit by the permanent resident thereof, for no more than eleven (11) children and defined by Chapter 237A of the Code of Iowa. This number shall include the provider's own children who are not regularly in school full days. Deck: A flat, floored, roofless structure. Density: The average number of persons, families or dwelling units per unit of area. Directional sign: An on-premise sign identifying a premises, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises. Dwelling: Any building or portion thereof containing one or more dwelling units, but not including motels, hotels, rooming or boarding houses, institutions, or convalescent or nursing homes. Dwelling unit: A building or portion of a building which is exclusively arranged, occupied, or intended to be occupied as living quarters for one family. Dwelling, single-family: A building designed exclusively to contain one dwelling unit. Dwelling, two-family: A building designed exclusively to contain 2 dwelling units. A two-family dwelling is a duplex. Dwelling, multiple-family: A building designed exclusively to contain three (3) or more dwelling units, but not including townhouses. Family: Any number of people occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage or formal adoption plus not more than three (3) additional people not so related, except that foster children and persons with disabilities as defined in Chapter 27 of the City Code shall be considered as family. Flood Hazard Overlay District: See Section 3-5.3. 15 Garage, residential: A structure or building or portion thereof in which one or more cars are parked or stored. For purposes of this Ordinance, garages include carports. Garage sale (rummage sale): A residential accessory use whereby items accumulated during the everyday-residential use of a dwelling are sold. Garden, noncommercial: A plot of ground where fruit, herbs, flowers, vegetables or other plants are grown and for which the owner or operator derives no compensation on the site. Greenhouse, noncommercial: A building constructed primarily of glass or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables or other plants but not for sale on the premises. Group day care center: An establishment regularly providing temporary supplemental parental care or educational instruction for more than eleven (11) children, or as defined by Chapter 237A of the Code of Iowa. Group home: Any group of persons not meeting the definition of family and occupying a single dwelling unit living together as a single housekeeping unit, but not including a boarding or rooming house. Home occupation: Any occupation or activity conducted within a dwelling unit which is clearly incidental and secondary to the use of the premises for dwelling purposes. See Section 4-7 of this Ordinance for further information. Hospice: A freestanding building serving as a medical and residential facility for terminally ill people, providing inpatient services and support services for families of the residents and patients. Housing for the elderly and persons with disabilities: A multi-family structure designed, maintained and operated for exclusive occupancy by the elderly and/or persons with disabilities as defined by the regulations of the United States Department of Housing and Urban Development and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations. Identification sign. An on-premises sign which identifies a business, office or organization located or housed at the premises and the services and products offered at the premises. Intensification of use: An intensification of a use shall be any change, alteration, extension, expansion or enlargement of a use or use and structure in combination where the off-street parking requirements of this ordinance would be calculated at 16 a higher ratio and/or would require that additional off-street parking spaces be provided. Lot, zoning: A zoning lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on the approved private street, and may consist of: a) a single lot of record; b) a portion of a lot of record; c) a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; and d) a parcel of land described by metes and bounds: provided that in no case of division or combination shall any residential lot or parcel be created which does meet the requirements of this ordinance. Lot area: The total horizontal area included within the boundaries of the property lines. Lot coverage: That portion of a lot covered by principal and accessory uses and/or buildings expressed as a percentage of the lot area. Lot depth: The average distance from the front property line to the rear property line, measured in the general direction of the side property lines of the lot. Lot frontage: All sides of a lot adjacent to a street and measured along the front property line as it abuts the street or along the street right-of-way line on unplatted streets. Lot line: See property line. Lot of record: A lot which is part of a subdivision recorded in the office of the county recorder, or lot or parcel described by metes and bounds, the description to which has been so recorded. Lot types: a) Corner lot: A lot located at the intersection of two (2) or more streets. b) Interior lot: A lot other than a corner lot with only one (1) frontage on a street. c) Through lot: A lot other than a corner lot with frontage on more than one (1) street. Lot width: The horizontal distance between the side property lines measured at the front property line as it abuts the street or along the street right-of-way line on unplatted streets, except that on cul-de-sac lots, the lot width shall be measured at the required front yard setback line. Manufactured home: A factory-built single-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch 17 or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. For the purpose of these regulations, manufactured home shall be considered the same as any site-built single-family detached dwelling. Mobile home: Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one (1) or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory-built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured home." Nothing in this ordinance shall be construed as permitting a mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home. Mobile home park/subdivision: Land exclusively designed and developed for two (2) or more lots to be sold or rented for the placement of mobile homes. Nursery school: See: day care center. Nursing or convalescent home: An establishment providing full-time housing and care for the aged or physically infirm, and not involving surgery, obstetrical services, or other major medical services more commonly provided in hospitals or clinics. Such establishment may involve usual convalescent or chronic care including bedside nursing care, administration of medicines or special diets, application of bandages or dressings, and similar procedures. Off-premise sign. A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located and/or the ideological or non- commercial views of a party who is not an occupant of the premises. Off-premise signs may be "billboards", "outdoor advertising", or "off-site sign". On-premise sign. A sign which pertains to the use of the premises on which it is located and maintained and/or the ideological or non-commercial views of an occupant of the premises. Open space: That part of a lot not devoted to buildings, structures, parking or loading areas, driveways or any principal or accessory use. 18 Open space, usable: An area of land or water or combination of land and water which may include complimentary structures and improvements within the site, excluding space devoted to parking, designed and intended for common use and enjoyment. Parapet. That part of any wall entirely above the roof line. Planned district: A district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, recreation and open space, and commercial uses, in accordance with the provisions of this ordinance. Premises: A lot, together with all improvements thereon. Principal permitted use: A main or predominant use maintained on a lot or premises. In some districts, maintenance of more than 1 principal permitted use on a lot or premises may be permitted. Property line: The legal, platted boundary of a lot or parcel of land. Real estate sign: A temporary sign advertising real estate upon which the sign is located as being for rent, lease, or sale. Rooming house: Any building or portion thereof, containing a single dwelling unit, wherein meals or lodging or both are provided for direct or indirect compensation to not less than three (3) and not more than ten (10) unrelated persons. Rummage sale: See: garage sale. Setback: The minimum horizontal distance between a property line and the nearest portion of a structure to such property line. Sign: See section 4-3. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story. Story, first: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one (1) floor level is not more than four (4) feet below grade, as defined herein, for more than fifty 950) percent of the total perimeter, or more than eight (8) feet below grade, as defined 19 herein, at any point. Structure: Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground. Structures include but are not limited to buildings, mobile homes, walls, fences, billboards, poster panels, aboveground storage tanks, and similar uses. Temporary uses: Impermanent uses of an occasional nature not exceeding six (6) months maximum duration. Temporary uses shall not involve the use of permanent structures, permanent signs or portable signs. Uses of a seasonal nature that recur periodically on a regular basis on the same site and re-occupy the same permanent building shall not be considered temporary uses. Terrace: A raised earthen embankment with the top leveled. A terrace may be supported by a retaining wall. Townhouses: Any series of two (2) or more laterally attached single-family dwellings in which each dwelling has separate access, utilities services and in which no dwelling is placed on top of another. Use: The purpose or activity for which land and/or the buildings thereon are designed, arranged, or intended or for which it is occupied or maintained. Variance: A limited exception from the strict application of the bulk regulations of this Ordinance which may be granted by the Board of Adjustment according to the standards of Section 5-3.5 of this Ordinance. Vehicle: A vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land, water or air, including but not limited to automobiles, trucks, bicycles, motorcycles, snowmobiles, boats, airplanes, helicopters, trailers, campers, wagons, etc. Yard: A required open space which is unoccupied and unobstructed by any structure or portion thereof from the natural ground level to the sky, except as otherwise provided in this Ordinance. Yard, front: The required yard extending between side lot lines across the front of a lot adjoining a street. In the case of corner lots and through lots, front yards shall be required at all frontages of the lot. The depth of required front yard shall be measured at right angles to the front property line. The required front yard line shall be parallel to the front property line. Yard, rear: The required yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of required rear yards shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the rear 20 property line. Yard, side: The yard extending from the rear line of the required front yard to the rear property line. In the case of through lots, side yard shall extend from the rear lines of front yards required. In the case of corner lots. yards remaining after front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side property line. Yard, special: A required yard other than the required front yard so oriented that neither the terms "side yard" nor "rear yard" clearly apply. In such cases the City Planner shall determine, based on topography, location, orientation and pattern of adjacent structures and development which yard requirement is more appropriate. 21