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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 .