HomeMy Public PortalAboutOrdinances-1998-219 Ordinance Adopted 5/13/98
TABLE OF CONTENTS
CITY OF TIFFIN ZONING ORDINANCE
NO. 1998 - 7 9
PAGE
5 . 01 ADOPTION AND REPEAL 2
5 . 02 SHORT TITLE 2
5 . 03 INTENT AND PURPOSE 2-3
5 . 04 COMPATIBILITY WITH THE
COMMUNITY DEVELOPMENT PLAN 4
5 . 05 RULES AND DEFINITIONS 4
A. Rules 4
B. Definitions 5-17
5 . 06 ESTABLISHMENT OF DISTRICTS AND
OFFICIAL ZONING MAP 17
A. Official Zoning Map 17
B. Changes in Official Zoning Map 18
C. Interpretation of District Boundaries 19
D. Applicability of Regulations 20
E. Annexed Territory 21
F. Vacated Streets 21
5 . 07 SCHEDULES OF DISTRICT REGULATIONS 21
5 . 07 .A. A-1 AGRICULTURAL INTENT 22
1 . PERMITTED PRINCIPAL USES AND STRUCTURES 22
2 . PERMITTED ACCESSORY USES AND STRUCTURES 22
3 . SPECIAL EXCEPTIONS 23
4 . MINIMUM LOT AREAS AND WIDTH 23
5 . MINIMUM YARD REQUIREMENTS 23
6 . MAXIMUM HEIGHT 24
7 . MINIMUM OFF-STREET PARKING LOADING SPACE 24
8 . SPECIAL REGULATIONS 24
1
Ordinance Adopted 5/13/98
5 . 07 :B. R-1 LOW DENSITY SINGLE FAMILY RESIDENTIAL 25
INTENT 25
1 . PERMITTED PRINCIPAL USES AND STRUCTURES 25
2 . PERMITTED ACCESSORY USES AND STRUCTURES 26
3 . SPECIAL EXCEPTIONS 26
4 . MINIMUM LOT AREAS AND WIDTH 26
5 . MINIMUM YARD REQUIREMENTS 27
6 . ' MAXIMUM HEIGHT 27
7 . MINIMUM OFF-STREET PARKING LOADING SPACE 27
5 . 07 .C. R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL 28
INTENT 28
1 . PERMITTED PRINCIPAL USES AND STRUCTURE 28
2 . PERMITTED ACCESSORY USES AND STRUCTURES 29
3 . SPECIAL EXCEPTIONS 29
4 . SPECIAL REQUIREMENTS 29
5 . MINIMUM LOT AREAS AND WIDTH 31
5 . MINIMUM YARD REQUIREMENTS 31
6 . MAXIMUM HEIGHT 32
7 . MINIMUM OFF-STREET PARKING LOADING SPACE 32
5. 07 .D. R-3 MULTIPLE-FAMILY RESIDENTIAL INTENT 33
1 . PERMITTED PRINCIPAL USES AND STRUCTURES 33
2 . PERMITTED ACCESSORY USES AND STRUCTURES 33
3 . SPECIAL EXCEPTIONS 33
4 . SPECIAL REQUIREMENTS 34
5 . MINIMUM LOT AREAS AND WIDTH 34
6 . MINIMUM YARD REQUIREMENTS 34
7 . MAXIMUM HEIGHT 35
8 . MINIMUM OFF-STREET PARKING LOADING SPACE 35
5 .07 .E. R-4 MOBILE HOME PARK RESIDENTIAL INTENT 35
1 . PERMITTED PRINCIPAL USES AND STRUCTURES 36
2 . PERMITTED ACCESSORY USES AND STRUCTURES 36
3 . SPECIAL EXCEPTIONS 36
4 . SPECIAL REQUIREMENTS 36
5 . MINIMUM LOT AREAS AND WIDTH 38
6 . MINIMUM YARD REQUIREMENTS 38
7 . MAXIMUM HEIGHT 39
8 . MINIMUM OFF-STREET PARKING LOADING SPACE 39
11
i
It 2
Ordinance Adopted 5/13/98
a5._07 .J. M-2 -- HEAVY INDUSTRIAL INTENT 52
1 . PERMITTED PRINCIPAL USES AND STRUCTURES 52
2 . PERMITTED ACCESSORY USES AND STRUCTURES 53
3 . SPECIAL EXCEPTIONS � 53
4 . MINIMUM LOT AREA AND WIDTH 1 54
5 . MINIMUM YARD REQUIREMENTS 54
6 . MAXIMUM HEIGHT 55
7 . MINIMUM OFF-STREET PARKING
AND LOADING SPACE 55
h
5.07 .K. P-1 -- PUBLIC USE INTENT 55
1 . PERMITTED PRINCIPAL USES AND STRUCTURES 55
2 . PERMITTED ACCESSORY USES AND STRUCTURES 56
3 . SPECIAL EXCEPTION 56
4 . MINIMUM LOT AREA AND WIDTH 56
5 . MINIMUM YARD REQUIREMENTS ' 56
6 . MAXIMUM HEIGHT 56
7 . MINIMUM OFF-STREET PARKING AND
LOADING SPACE � 56
5. 08 SIGN REGULATIONS INTENT 56
A. NAMEPLATES 57
B. CHURCH OR PUBLIC BULLETIN BOARDS 57
C. TEMPORARY SIGNS ADVERTISING THE LEASE OR
SALE OF THE PREMISES OR ITEMS ON THE
PREMISES 57
D. BILLBOARDS AND ADVERTISING SIGNS 57
E. ILLUMINATION OF EXTERNALLY VISIBLE SIGNS
AND NAMEPLATES 60
F. MAINTENANCE OF SIGNS 60
5 . 09 FENCE, AND HEDGE REGULATIONS 60
5 . 10 SUPPLEMENTARY DISTRICT REGULATIONS 63
A. Visibility at Intersection 63
B. Accessory Building and Structures 63
C. More than one Principal Structure on a Lot 64
D. Height Regulation Exception 64
E. Use of Public Right of Way 64
F. Proposed Use Not Covered in this Code 64
G. Building to Have Access 64
H. Handicapped Car Parking 65
I . Home Occupation 65
J. Communication Towers 65
K. Eaves or structural overhangs 66
L. Lots on cul-de-sacs 66
M. First Floor Apts in Commercial Zones 66
iv
1
Ordinance Adopted:5/13/98
individualization of medical care. For the purpose of this
(zoning) Ordinance, a "nursing home" shall also be
.considered a "convalescent home" .
72 . Open Space: The land area of a site not covered
by buildings, right-of-ways, parking structures, ,,
or accessory buildings, except redreational
structures, and which is available to all
occupants of units for whose use the space is
intended. "Open Space" does not include school
sites And commercial areas .
*as amended
by 1999-228 73 . Parking Space: A surfaced area, enclosed in the
. main building or in an accessory building, or
unenclosed, having an area of not less than one
hundred and eighty (180) square feet exclusive of
driveways, and not including that area directly in
front of a single width garage, permanently
reserved for the temporary storage of one vehicle
and connected, with a street or alley by a surfaced
driveway which affords satisfactory ingress and
egress for vehicles.
74 .. Plan: See COMMUNITY DEVELOPMENT PLAN.
75 . Principal Use : The main use of land or structures
as distinguished from secondary or accessory use.
For example, a house is a principal use in a
residential area; a garage or pool is an accessory
use.
76 . Private: In reference to a building, structure,
utility, facility, or use, "private" means owned
by someone other than a unit of government, or an
agency of government, unless the context clearly
indicates that "private" is being used in a
broader sense of something not open or available
to the general populace.
77 . Public : In reference to a building, structure,
utility, facility, or 'use, "public" . means owned
and/or operated by a unit of government or an
agency thereof, unless the context clearly
indicates that "public" is being used in the
broader sense of something . available to the
general populace:
78 . Setback: The distance required to obtain the
front, side, or rear yard open space provisions
of this Chapter. All measurements are taken from
the structures foundation or from the exterior
wall at grade level .
ZONING ORDINANCE 1998 PT 1.doc - 14 -
Last printed 11/16/99 11:59 AM
Ordinance Adopted:5/13/98
,Any-lot. adjacent 'to a railroad right-of-
'way, in any way, shall be required to
have a fifty (50) foot setback in
addition to the minimum yard requirement
stated .herein.
7 . MAXIMUM HEIGHT: 3 stories or 45 feet .
y
8 . MINIMUM OFF-STREET PARKING AND LOADING SPACE:
(a) Other uses permitted: Same as R-1 for
single-family dwellings and R-2 for
two-family units and zero lot line
dwellings .
*as amended by1999-228
(b) Multiple Dwellings : ,one (1) space per
bedroom, with a minimum of two (2)
_ g � spaces per unit plus one (1) space for
\R �C� �� every four (4) units . Any fraction of a
" � ifs I space to be rounded ' up to a whole
��p / number.
(c) All . parking and loading areas shall
comply with the requirements of the
u.. Americans with Disabilities Act .
5 . 07 .E. ' R-4 MOBILE HOME PARK RESIDENTIAL
INTENT
The R-4 Mobile Home Park Residential District is
intended to accommodate mobile home parks in those
areas of the community where such a use will be
compatible with existing and projected development .
This district will generally be located in outlying
areas of the City and should be well served by adequate
sewers, water service, streets, police and fire
protection, and similar public facilities and services .
Site and development plans and new construction shall
comply with applicable City of Tiffin Design Standards
for mobile home parks .
ZONING ORDINANCE 1998 PT 1.doc — 35 - •
Last printed 11/17/99 9:14 AM
Ordinance Adopted:5/13/98
15 .07 .F DISTRICT C-1 CENTRAL BUSINESS COMMERCIAL
INTENT
To establish and preserve a central business district _
convenient and attractive for a wide range of retail
uses and business, government and professional offices
and places of amusement in a setting conducive to and
safe for a high volume of pedestrian traffic .
1 . PERMITTED PRINCIPAL USES AND STRUCTURES :
. i
As amended by
1999-229 (a) Second floor apartments and first floor
apartments permitted if in compliance
with Section 5.10 .M.
(b) Commercial amusements .
(c) Business offices, professional offices,
studios .
(d) Personal service and repair shops .
(e) Financial institutions.
(f) Retail business .
(g) Restaurants, taverns .
(h) Wholesale display and sales rooms and
offices.
(i) Private clubs and lodges .
•
(j ) Business and vocational Schools .
(k) Public utilities . 1.
(1) Railroads and bus terminals .
(m) Medical and dental offices .
(n) Printing, publishing and engraving
businesses .
(o) Bakery and catering service .
ZONING ORDINANCE 1998 PT 2.doc
Last printed 11/17/99 8:54 AM
ifo
Ordinance Adopted:5/13/98
6 . STRUCTURE HEIGHT:
Minimum: 1 1/2 stories, or 22 . 5 ft
Maximum: 3 stories, or 45 feet
7 . MINIMUM OFF-STREET PARKING AND LOADING SPACE
( ) Off-street loading:. one (1) space for
each 250- square feet of floor area or
traction ,thereof, plus two (2) spaces
for each apartment in addition to the
commercial activity parking
requirements .
(b) Where applicable, all parking and
loading spaces shall comply with the
Americans With Disabilities Act .
5 . 07 .G. C-1B' PERIPHERAL BUSINESS DISTRICT COMMERCIAL
INTENT
To establish and ,preserve a business district
convenient and attractive for -a wide range of retail
uses and business, government and professional offices
and places of amusement in town with ample
,accommodations for off-street parking and setbacks
reflecting requirements for _ neighboring residential
areas .
1 . PERMITTED PRINCIPAL USES AND STRUCTURES :
*As amended by
1999-229 (a) Second floor apartments and first floor
apartments as permitted in Section
5 .10 .M.
(b) Commercial amusements .
(c) Business offices, professional offices,
studios .
(d) Personal service and repair shops .
(e) Financial institutions.
ZONING ORDINANCE 1998 PT 2.doc -
Last printed 11/17/99 8:56 AM L.
Ordinance Adopted:5/13/98
1 . PERMITTED PRINCIPAt USES AND STRUCTURES
*As amended by
1999-229 (a) Second floor apartments and first floor
apartments as permitted in Section
5 .10 .M.
(b) Motor vehicle sales, service and repair,
s
service stations, and car washes .
(c) 'Motels and hotels .
(d) Restaurants, cafes, night clubs and
taverns .
(e) Drive-in restaurants .
(f) Farm implement displays and sales,
service and repair.
(g) Mobile and Manufactured home sales .
(h) Bowling alleys, skating rinks, dance
halls, theaters, places of amusement,
golf driving ranges and miniature golf.
(i) Supermarkets and retail business .
(j ) Business offices .
(k) Banks and financial institutions .
(1) Private clubs or lodges .
(m) Bus and -Railroad terminal .
(n) Building materials dealers .
(o) Fruit, vegetable and produce stands .
(p) Shopping centers or malls .
(q) Convenience stores .
(r) Churches or temples.
ZONING ORDINANCE 1998 PT 2.doc
Last printed 11/17/99 8:57 AM r�( ,
•
Ordinance Adopted:5/13/98
(f) The decision of the Board
shall be recorded in the
official minutes of the Board
of Adjustment meeting.
**As amended by 1999-230 •
(g) Variances granted by the Board
of Adjustment shall expire one
year from the date they are
granted by the Board if the
•, variance allows construction
that is not initiated within
that one (1) year and completed
by the following year.
In granting any variance, the Board of
Adjustment may prescribe appropriate
conditions and safeguards in conformity with
this Chapter. Violations of such conditions
• and safeguards, when made a part of the terms
under which the variance is granted shall be
deemed a violation of this Code and
punishable under Section 5 . 18 of this Code.
Under no circumstances shall the Board of
Adjustment. grant a . variance to allow a use
not. permissible under the terms of this Code
in the district involved, or any use
expressly or by implication prohibited by the
terms of this Chapter in said district .
5 . 17 INTERPRETATION OF PROVISIONS
In their interpretation and application, the provisions
of this Chapter shall be held to be minimum
requirements, adopted for the promotion of the public
health, safety, morals, or general welfare. Wherever
the requirements of this Chapter are at variance with
the requirements of .any other lawfully adopted rules,
regulations, ordinances, deed restrictions, or
covenants, the most restrictive, or that imposing higher
standards, shall govern. Uses and exceptions not
specifically described herein for each classification
are prohibited in that classification.
ZONING ORDINANCE 1998 PT 2.doc
Last printed 11/17/99 8:37 AM
Si
1199R-219' . •
On the 13th day of May 199t3 , ai a regular meeting of the
Tiffin City Council ,, ' Tiffin, Iowa , Conrlcilperso'1
Ryan introduced Oi:d_l.nance No. 1998-219_._____,
and moved that it be given i.t_s first reading . The motion
was seconded by Councilperson Walls
Ayes : Bartels Watts, Ryan, (•c'--i_ck''.._in't Kern. -- --- —
Nays:
None.
Five members of the ` counc_i 1 being present and having voted
"Aye" , Mayor Glenn R. Potter declared the motion carried,
and Ordinance No. _128_20 , was read the first time and
discussed and placed on record .
Thereupon, it was moved by Councilperson
Ryan and seconded by Councilperson
Gprir:ke _ that the laws and rules providing
that ordinances be considered and voted on for passage at
two council meetings prior to• the meeting at which it is to
be finally ,passed be suspended and dispensed with and that
Ordinance No. 1998_719 he placed on its last reading.
Ayes : _ Gericke, 'Ryan, Kern, Bartels, and Walls
Nays : ; None.
Five members - of the council being present and having voted
"Aye" , Mayor Glenn R.' Potter declared the motion carried,
and Ordinance No. 1998-219 was then placed on its last
reading and was read the last: time .
Thereupon, it was moved by Councilperson
,Kern and seconded by Councilperson
Bartels - that Ordinance No. 1998_219 be
placed upon its final passage and adopted.
Ayes it Kern, Ryan, Gericke, Barl.els, and Walls.
Nays : None.- -
rive members of the .council being resent and haying yr :ed
"Aye" , Mayor Glenn R. Potter_ , declared the motion. car; f ,
and the ordinance was passed and adopted. 1u ,,•ti •
86,
#1w3-21,/
•
•
Whereupon the mayor decl ar. ed that Ordinance
No. 1998_219 be adopted and signified his approval
of same by fixing his"si< nat:ure t:.hereLo .
Passed by the council on the __DLL day of .May_.
1998, and approved by the mayor: on the out__ day of
May 1998 .
GLENN R. POTTER, Mayor
ATTEST:
•
MARGA. • T B. REIIIMAN', City C.1.e v l:.
I , Clerk of the City of Tiffin, - Iowa, stale that an
ordinance entitled: AN ORDINANCE REGULATING• AND RESTRICTING
THE rv' LOCATION, CONSTRUCTION, AND USE OF BUILDINGS AND
STRUCTURES, AND THE USE OF LAND, IN THE CITY OF TIFFIN,
IOWA;' AND FOR SAID PURPOSES, DIVIDING THE SAID LANDS INTO
1 DISTRICTS AND CREATING A BOARD OF ADJUSTMENT, ' REPEALING
ORDINANCES IN CONFLICT WITH 'I'IIIS ORDINANCE, AND PROVIDING
! FOR PENALTIES FOR VIOLATION OF THE REGULATIONS, and known
as Ordinance No. 1998-219 was duly passed by the
council on the 13th day of May 1998 , and signed by the
mayor on the 13th day of May 1998 , and published on the
13th day of May 1998 , by posting copies thereof in three '
public places within the limits of the City of 'Tiffin,
Iowa.
That -I posted copies of Ordinance No. 1998-219 in
the following places :
Tiffin Post Office
Morgans Service
Flansburg Hardware
- S
MARGAR'T 9 . REIHMAN, ._.'ity Clerk
,. . .._
•
' Lynch, Greenleaf & Michael, L.L.P.
ATTORNEYS AT LAW
Lawrence L. Lynch 1402 Willow Creek Court
Stephen N. Greenleaf P.O. Box 1757
Robert S. Michael Iowa City,Iowa 52244-1757
(319)351-1056 Telephone
Mitchel T. Behr (319)338-6834 Facsimile
December 6, 1999
Mr. Dan O'Halloran Ms . Margaret Reihman
Planning & Zoning Tiffin City Clerk
POB 92 POB 259
Tiffin, IA 52340 Tiffin, Iowa 52340
Mr. Michael W. Hart, P.E.
City Engineer
Hart -Frederick Consultants, P.C.
902 East Second Avenue
Coralville, IA 52241
Dear Dan, Marti and Mike:
Enclosed please find a "corrected" replacement Page 35 for
your copy of the zoning ordinance. One paragraph was
inadvertently cut off when making the revision for the
amendment .
Thank you for your attention to this matter.
Sincerely,
LYNCH? GREENLEAF & MICHAEL, L.L.P.
Stephen N. Greenleaf
kdl2/6/99
Enc .
•
1
Ordinance Adopted:5/13/98
lAny lot adjacent to U. S . Highway , 6, in
any way, ' shall be 'required to have a
twenty, (20) foot setback in addition to
Jthe minimum yard requirement stated
herein.
Any lot adjacent to a railroad right-of-
. way, in any way, shall be required to
have a fifty (50) foot setback in
'addition to the minimum -yard requirement
!stated herein.
7 . MAXIMUM HEIGHT: 3 stories or 45 feet .
8 . MINIMUM OFF-STREET PARKING AND LOADING SPACE:
(a) Other uses permitted: Same as R-1 for
single-family dwellings and R-2 for
two-family units and zero lot line
dwellings.
*as*as amended by1999-228 I
(b) Multiple Dwellings: one (1) space per
bedroom, - with a minimum of two (2)
spaces per unit plus one (1) space for
(every four (4) units. Any fraction of a
ispace to be rounded up to a whole
number.
(c) All parking, and loading . areas shall
comply with the requirements of the
Ainericans with Disabilities Act . a
5 . 07 .E. R-4 MOBILE HOME PARK RESIDENTIAL
•
INTENT
The R-4 Mobile Home Park Residential District is
intended to accommodate mobile home parks in those
areas of the 'community where such a use will be
compatible with existing and projected development .
This district will generally be located in outlying
areas of the City and should be well served by adequate
sewers, water service, streets, police and fire
protection, and similar public facilities and services .
Site and development plans and new construction shall
comply with applicable City of Tiffin Design Standards
for mobile home parks .
ZONING ORDINANCE 1998 PT I.doc - 35 -
Last printed 12/06/99 9:34 AM
,, _
' - Lynch, Greenleaf & Michael, L.L.P.
ATTORNEYS AT LAW
Lawrence L. Lynch 1402 Willow Creek Court
Stephen N. Greenleaf P.O.Box 1757
Robert S.Michael Iowa City,Iowa 52244-1757
(319)351-1056 Telephone
Mitchel T. Behr (319)338-6834 Facsimile
November 17, 1999
Mr. Dan O 'Halloran Ms . Margaret Reihman
Planning & Zoning Tiffin City Clerk
POB 92 POB 259
Tiffin, IA 52340 Tiffin, Iowa 52340
Mr. Michael W. Hart, P.E.
City Engineer
Hart-Frederick Consultants, P.C.
902 East Second Avenue
Coralville, IA 52241
Dear Dan, Marti and Mike:
Encl ed please find a replacement pages for your copy of
the zoning ordinance. This will incorporate the amendments
made by Ordinances 1999-228 (parking space definition and
R3 parking and loading) , 1999-229 (reinstating second floor
apts in C1) and 1999-230 (variance expiration) . I trust
you will make copies and distribute them accordingly.
Thank you for your attention to this matter.
Sincerely,
I3 NCH, gREENLEAF & MICHAEL, L.L.P.
1
t:.ephen N. Greenleaf
kdii/17/99
Enc .