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Carroll, IA, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF CARROLL, IOWA
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 ELECTION WARDS AND VOTING PRECINCTS
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 URBAN RENEWAL
CHAPTER 10 URBAN REVITALIZATION
CHAPTER 11 HOTEL AND MOTEL TAX
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY TREASURER
CHAPTER 20 CITY MANAGER
CHAPTER 21 CITY ATTORNEY
CHAPTER 22 LIBRARY BOARD OF TRUSTEES
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 24 PARKS, RECREATION AND CULTURAL ADVISORY BOARD
CHAPTER 25 COMMUNICATIONS UTILITY BOARD OF TRUSTEES
CHAPTER 26 CIVIL SERVICE COMMISSION
CHAPTER 27 AIRPORT COMMISSION
CHAPTER 28 HISTORIC PRESERVATION COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 43 DRUG PARAPHERNALIA
CHAPTER 44 NOISE CONTROL
CHAPTER 45 ALCOHOL CONSUMPTION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 71 PUBLIC OFF-STREET PARKING
CHAPTER 72 COURTHOUSE PARKING
CHAPTER 73 PRIVATE PARKING LOTS
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 IN-LINE SKATES, ROLLER SKATES AND SKATEBOARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 81 RAILROAD REGULATIONS
CHAPTER 90 WATER SERVICE SYSTEM - GENERAL PROVISIONS
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 WATER CONSERVATION MEASURES
CHAPTER 94 PRIVATE WATER WELLS
CHAPTER 95 SANITARY SEWER SYSTEM - GENERAL PROVISIONS
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 99 SEWER SERVICE CHARGES
CHAPTER 100 STORM WATER UTILITY
CHAPTER 105 PUBLIC SOLID WASTE COLLECTION
CHAPTER 106 COLLECTION AND TRANSPORTATION
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 CABLE TELEVISION FRANCHISE
CHAPTER 113 RIGHTS-OF-WAY
CHAPTER 114 CITY ENTERPRISE FEES
CHAPTER 115 CEMETERY
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 PAWNBROKERS
CHAPTER 124 HOUSE MOVERS
CHAPTER 125 ADULT ENTERTAINMENT BUSINESSES
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 141 CURB LINES
CHAPTER 145 DANGEROUS BUILDINGS
CHAPTER 146 MANUFACTURED AND MOBILE HOMES
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES
CHAPTER 155 BUILDING CODE
CHAPTER 156 SIGN CODE
CHAPTER 157 FIRE PREVENTION CODE
CHAPTER 158 RENTAL HOUSING CODE
CHAPTER 159 VACANT PROPERTY CODE
CHAPTER 160 EMERGENCY REPAIRS OF PUBLIC IMPROVEMENTS
CHAPTER 161 COMMUNICATIONS TOWERS AND ANTENNAS
CHAPTER 165 FLOOD PLAIN REGULATIONS
CHAPTER 170 ZONING REGULATIONS
170.01 TITLE.
170.02 PURPOSE.
170.03 DEFINITIONS.
170.04 DISTRICTS ESTABLISHED.
170.05 CLASSIFICATION OF NEWLY ANNEXED TERRITORY.
170.06 ZONING MAP.
170.07 RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES.
170.08 APPLICATION OF DISTRICT REGULATIONS.
170.09 HOME OCCUPATIONS.
170.10 NON-CONFORMING USE OF LAND, NON-CONFORMING STRUCTURES AND NON-CONFORMING USES OF STRUCTURES.
170.11 A-1, AGRICULTURAL DISTRICT.
170.12 A-2, AGRICULTURAL DISTRICT.
170.13 R-1 LOW-DENSITY RESIDENTIAL DISTRICT.
170.14 R-2, LOW-DENSITY RESIDENTIAL DISTRICT.
170.15 A-P, AGRICULTURAL PRESERVATION OVERLAY DISTRICT.
170.16 R-3, LOW-DENSITY RESIDENTIAL DISTRICT.
170.17 R-4, MEDIUM-DENSITY RESIDENTIAL DISTRICT.
170.18 R-5, HIGH-DENSITY RESIDENTIAL DISTRICT.
170.19 R-6, MOBILE HOME PARKS.
170.20 R-7, ONE AND TWO FAMILY RESIDENCE DISTRICT.
170.21 RB-1, RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT.
170.22 R-8, RESDENTIAL-AGRICULTURAL TRANSITIONAL DISTRICT.
170.23 P.U.D. PLANNED UNIT DEVELOPMENT DISTRICT.
170.24 B-1, LIGHT BUSINESS DISTRICT.
170.25 B-2, GENERAL BUSINESS DISTRICT.
170.26 B-3, CENTRAL BUSINESS DISTRICT.
170.27 I-1, LIGHT INDUSTRIAL DISTRICT.
170.28 I-2, GENERAL INDUSTRIAL DISTRICT.
170.29 F-1, FLOOD PLAIN DISTRICT.
170.30 WIND ENERGY CONVERSION SYSTEMS.
170.31 SOLAR ENERGY STANDARDS.
170.32 HEIGHT REGULATIONS.
170.33 SPECIAL PROVISIONS.
170.34 OFF-STREET PARKING & LOADING REQUIREMENTS.
170.35 BOARD OF ADJUSTMENT.
170.36 SPECIAL USE PERMITS.
170.37 AMENDMENTS.
170.38 INTERPRETATION, ENFORCEMENT AND PENALTY OF ORDINANCE.
170.39 TEMPORARY PORTABLE STORAGE CONTAINERS.
CHAPTER 171 AIRPORT ZONING REGULATIONS
CHAPTER 175 SUBDIVISION REGULATIONS
APPENDIX TO CODE OF ORDINANCES
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170.20   R-7, ONE AND TWO FAMILY RESIDENCE DISTRICT.
1.   Statement of Intent. The intent of the “R-7” District is to establish low density residential areas with single family and two family dwellings beyond the corporate limits but within the extended area set out in the 28E Agreement between the City of Carroll and Carroll County for Zoning, platting and building code control.
2.   Principal Permitted Uses: The building or premises shall be used only for the following purposes:
A.   Single Family detached Dwelling.
B.   Two Family Dwellings.
C.   Public parks, playgrounds and recreational areas.
D.   Public utilities and public service installations and facilities.
E.   Cemeteries of 10 acres or more in size.
F.   Churches, chapels, or parish houses located not less than 20 feet from any side lot line in any “R” District.
G.   Any building or structure occupied or used for nursery, elementary, junior high or high schools, public libraries, and similar public cultural uses located not less than 30 feet from any side lot line.
H.   Sale of nursery and greenhouse products.
I.   Railroad right-of-way and trackage, not including switching, storage, terminal facilities or freight yards.
J.   Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
K.   Private garages and parking areas.
3.   Special Uses: The following special uses are permitted in the “R-7” District only in accordance with the provisions set forth hereinafter.
A.   Home occupations.
B.   When granted Special Use Permits by the Board of Adjustment after consultation with the Planning and Zoning Commission:
(1)   Sanitary landfills, in accordance with county and state regulations except that no sanitary landfill shall be operated within 1,320 feet of any “R” District.
(2)   Removal and loading of minerals, sand or gravel, including equipment, buildings or structures for screening, crushing, mixing, washing, or storage located not less than 500 feet from any "R" District and suitably distant or properly screened from any designated Scenic Highway.
(3)   Privately operated country clubs, golf courses, marinas or docking facilities, guest ranches, swimming clubs, riding stables, lakes, resorts, and similar recreational uses provided that any principal or accessory building in connection therewith shall be located above flood hazard elevation and not less than 200 feet from any lot in an “R” District.
(4)   Airports and landing fields.
(5)   Transformer stations and booster or pressure regulating stations, without service yard or storage.
(6)   Mobile home parks subject to the following conditions:
a.   The mobile home park shall be located on a parcel of ground at least five acres in size and each boundary line of the park shall be at least 200 feet from any residential structure located outside the park unless separated therefrom by a natural or artificial barrier.
b.   The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
c.   Each mobile home space shall be large enough to provide a distance of 10 feet between any trailer or structure on the space and the lot line, a front yard of 15 feet and a rear yard of 10 feet.
d.   All mobile home spaces shall abut upon a driveway of not less than 20 feet in width which shall have unobstructed access to a public street.
e.   Overall density shall not be greater than the lot area per family specified within the district.
f.   All driveways and walkways in the park shall be hard surfaced and lighted at night.
g.   Each park shall provide service buildings to house such toilet, bathing and other sanitary facilities and such laundry facilities as may be prescribed.
h.   An electrical outlet supplying at least 110 volts shall be provided for each trailer space.
i.   Adequate sanitary facilities and supply of pure water shall be provided to each mobile home space.
j.   Each park shall comply with the regulations set forth by competent authority.
4.   The following minimum or maximum requirements shall be observed:
A.   Lot area: The minimum lot area for a single-family dwelling shall be 80,000 square feet. Structures containing more than one dwelling unit shall be located on a lot having a minimum area of 60,000 square feet for each unit. Larger lots may be required where results of percolation tests indicate the need for a larger disposal field. Such tests shall be submitted to the County Board of Health prior to construction.
B.   Lot Width: 210 feet minimum
C.   Front Yard: 80 feet minimum along state and federal roads
60 feet minimum along other public roads
D.   Side Yards: 20 feet minimum
E.   Rear Yards: 100 feet minimum
F.   The maximum height for any principal structure shall be two and one-half stories or 30 feet and no accessory structure shall exceed one story or 15 feet in height except as provided in Section 170.32(1).
5.   Off-Street Parking Requirements. Two per unit for single family and two family dwellings; and for all other permitted uses as required in Section 170.34.
170.21   RB-1, RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT.
1.   Statement of Intent. The intent of the “RB-1” District is to provide for a transitional zone where residences and certain types of business may exist in a mutually compatible environment. This zone will be characterized by a low volume of traffic and limited outdoor advertising to protect the residences within and abutting the district, without restricting the growth of low intensity commercial uses. This district is basically designed as a buffer between strictly residential and commercial areas.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   Business service such as banks, including drive-in teller service, insurance, real estate, office buildings.
B.   Professional office buildings, medical and dental clinics, day care centers, or similar uses.
C.   Equipment sales and services such as radio or television shops, business machines, musical instrument shops, sewing machine sales and service shops.
D.   Retail stores such as books and stationary shops, jewelry, apparel shops, bakery shops, candy shops, florist shops, gift shops, household goods, hardware store, variety stores and drug stores.
E.   Art goods and bric-a-brac shops.
F.   Personal services such as barber shops, beauty salons, reducing salons, photographic studios, clothes, cleaning and launderettes and shoe repair shops.
G.   Restaurants and cafes, ice cream parlors, soda fountains and dairy stores. The serving or selling of alcoholic beverages at restaurants or cafes is permitted where such use is incidental to the operation. However, taverns or night clubs where the serving or selling of alcoholic beverages is the primary use is not permitted.
H.   Multi-Family Dwelling, lodging and rooming houses.
I.   Single family detached dwellings, provided the minimum width for any building elevation shall not be less than twenty (20) feet.
J.   Two family dwellings.
K.   Churches, convents, rectories, or manses.
L.   Schools and colleges, public and private.
M.   Hospitals, sanitariums, rest homes, nursing homes, convalescent homes, or other similar institutions.
N.   Clubs or lodges.
O.   Funeral homes and Mortuaries.
P.   Public or private parks, playgrounds, historical sites, golf courses, and other outdoor recreational facilities which are commonly, but not necessarily, operated on a non-profit basis with hours of operation between 7:00 a.m. and 10:00 p.m.; however, amusement parks, golf driving ranges, golf miniature putting courses, normally operated for profit and employing manufactured or constructed facilities of an unnatural or non-environmental design shall be excluded.
Q.   Public buildings, libraries, community buildings, or other similar public buildings.
R.   Cemeteries.
S.   Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
T.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
3.   Special Uses. The following special uses are permitted in the “RB-1” District only in accordance with the provisions set forth hereinafter:
A.   Public utility and public service installations and facilities.
B.   Schools and Churches.
C.   Recreational facilities for profit including lighted facilities, but only with hours of operation between 7:00 a.m. and 10:00 p.m.
D.   Automobile service stations.
E.   Home Occupations.
F.   Grocery (neighborhood and convenience) stores which front on either a collector or arterial street with hours of operation between 7:00 a.m. and 10:00 p.m.
G.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: The minimum lot area shall be 4,800 sq. ft. for a single family dwelling, 7,000 sq. ft. for a two family dwelling, and 8,000 sq. ft. or 2,000 sq. ft. per dwelling unit, whichever is greater, for a multiple family dwelling. The minimum lot area for a business lot shall be 5,000 sq. ft.
B.   Yard Requirements:
Front Yard: Building setback shall be a minimum of 20 feet.
Side Yard: The side yard for single family dwellings and duplexes shall be a minimum of five (5) feet, except on a corner lot the street side yard for all buildings shall be a minimum of twenty (20) feet. Principal buildings other than business buildings adjacent to other business buildings, single family dwellings, and duplexes shall have a minimum side yard of ten (10) feet. A garage attached to a dwelling may be located five (5) feet from the side lot line, but not a street line. Business lots adjoining other business lots shall have a minimum side yard of five (5) feet.
Rear Yard: The rear yard for a residential dwelling shall be a minimum of ten (10) feet. A garage attached to a dwelling may be located five (5) feet from an alley line. The rear yard for a business building shall be twenty (20) feet.
5.   Off-Street Parking Requirements: Two per unit for all dwelling units; and one additional parking space is required for each renter in a rooming or boarding house; and for all other permitted uses as required in Section 170.34.
170.22   R-8, RESDENTIAL-AGRICULTURAL TRANSITIONAL DISTRICT.
1.   Statement of Intent. The intent of the “R-8” District is to provide for a transitional zone where single family and two family dwellings now located beyond the corporate limits of Carroll, but within the extended area set out in the 28E Agreement between the City of Carroll and Carroll County, may continue to exist and be rebuilt if damaged to any extent, but not to allow increases in the number of dwellings and not to allow expansion of the current dwellings or their accessory structures.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   Any principal use permitted within the “R-1” or “R-7” Districts.
B.   No building permits shall be issued for residential dwelling construction within the R-8 District for new construction. However, existing residential dwellings and accessory structures may be repaired or replaced but may not be increased in square footage from that in place at the effective date of the Ordinance adopting this R-8 District zoning classification.
3.   Special Uses. The following special uses are permitted in the “R-8” District only in accordance with the provisions set forth hereinafter:
A.   Any special use permitted within the “R-1” or “R-7” Districts, and on the terms set forth therein.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: same as the “R-1” District
B.   Yard Requirements: same as the “R-1” District
5.   Off-Street Parking Requirements. Same as the “R-1” District.
170.23   P.U.D. PLANNED UNIT DEVELOPMENT DISTRICT.
1.   Statement of Intent. The “P.U.D.” District is intended and designed to provide a means of the development or redevelopment of tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this ordinance. It is further the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various types of uses, be maintained and that the zoning standards as set forth in this ordinance and statutes concerning light and air, recreation and open space, and building coverage by preserved. It is the intent of the City of Carroll that the planned residential development be encouraged for areas of the community, as appropriate, in particular those areas of the community now undeveloped and those areas which in time would be annexed to the City.
2.   Permitted Uses. Normal permitted uses are those of a residential character including single-family (detached or attached), two family and/or multiple family dwellings, and the usual accessory buildings, such as garages, storage space, maintenance structures, and buildings for recreational purposes. Commercial uses, limited to those specifically approved by the City Council, are permitted provided that such uses are primarily for the service and convenience of the residents of the development. Such commercial users are encouraged to be located within the residential buildings, however, if such uses are proposed to be contained within a separate freestanding structure:
A.   It must be so designed to reflect the residential character of the development; and,
B.   It may contain an identification sign no more than four square feet, placed flush on one wall and generally not observable from the periphery of the development.
No building permit for a free-standing commercial structure will be issued and/or no certificate of occupancy for commercial use of any residential structure will be issued until 60 percent of the development's dwelling units have been issued a certificate of occupancy.
3.   Minimum Requirements.
A.   Open Space Requirements. A major portion of any PUD is its open space. The desirability is closely tied to the integration of open space with the total development. A minimum of 20 percent of the land area shall be retained for common open air recreational uses and other usable open space. Quality standards acknowledge the separate and multiple functions of open space, active recreation, passive recreation and preservation of natural site amenities. In designing a PUD, consideration shall be given to such functions. The term open spaces shall not include space devoted to streets and parking. All land in the PUD indicated as common land and common open space shall be maintained by one of the following methods:
(1)   If the land is deeded to a Homeowner's Association (HOA), the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the PUD. The provisions shall include, but not be limited to:
a.   The HOA must be set up before the dwellings are sold.
b.   Membership must be mandatory for each home buyer and any successive buyer.
c.   The open space restrictions must be permanent.
d.   The HOA must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities.
(2)   All or any part of the open space system may be conveyed to the City of Carroll by joint agreement of the developer and City. Such conveyance may be by dedication or easement.
B.   Yard Requirements. The minimum lot and yard requirements of the conventional zoning districts in which the development is located shall not apply, except that minimum yards specified in the conventional district for suitable screening or buffering shall be provided around the boundary of the development. In the absence of any appropriate physical barrier, the Council may require open space or screening be located along all or a portion of the development boundary. While the minimum yard requirements of the conventional zoning district in which the development is located do not apply, a minimum distance of ten feet between buildings shall be observed.
C.   Maximum Density. The maximum number of dwelling units permitted in a “P.U.D.” development district shall be determined by dividing the net development area by the following maximum densities:
 
Zoning Classification
Maximum Density
R-1
7,500 sq. ft. per unit
R-2
Single family detached dwelling unit - 5,600 sq. ft. per unit; All other units - 3,700 sq. ft. per unit
R-3
Single family detached dwelling unit - 4,500 sq. ft. per unit; All other units -2,800 sq. ft. per unit
R-4
Single family detached dwelling unit -3,600 sq. ft. per unit; All other units - 1,900 sq. ft. per unit
R-5
Single family detached dwelling unit - 3,600 sq. ft. per unit; All other units - 1,500 sq. ft. per unit
Net development area shall be determined by subtracting from the gross development area any area proposed for streets.
If the development contains two or more zoning district classifications, the number of dwelling units permitted shall be determined by adding the maximum dwelling units allowable for each proportional part, but the dwelling units may be located within the development irrespective of the conventional zoning district classification of any particular area. However, if the development area includes land zoned “F-1”, maximum of thirty (30) percent of such land may be used in determining the number of development units that can be built within the entire development. No dwelling shall be placed on land zoned “F-1” in a “P.U.D.” development.
D.   Tract Size. The minimum size tract for a P.U.D. is two acres.
E.   Height Limitations. There shall be no maximum height requirement. However, height shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located.
F.   Other Considerations. A number of major factors should undergo evaluation as a portion of design standards. These include:
(1)   Natural drainage areas shall be retained as appropriate and, if necessary, improved.
(2)   Due consideration shall be given to preserving natural site amenities and minimizing the disturbance to the natural environment.
(3)   Existing trees shall be preserved wherever possible. The location of the trees is to be considered in designing building locations, underground services, and paved areas.
(4)   If the development includes flood plain areas, they shall be preserved as permanent open spaces.
(5)   Due consideration shall be given to the natural topography and major grade change shall be avoided. If the development includes hillsides and slopes, special evaluation shall be given to geological conditions, erosion, and topsoil loss. If unfavorable development conditions exist, the City Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area.
4.   Supplementary and Bulk Regulations. No part of an area required for the purposes of complying with the provisions of this section shall be included as an area required for another lot.
5.   Off-Street Parking Requirements. Two parking spaces per single unit dwelling and two parking spaces per unit for two or more unit dwellings; and for all other permitted uses as required in Section 170.34.
6.   Review Application Procedure. The reviewing and processing of any proposed P.U.D. shall be in two steps.
A.   Pre-Application Conference. Prior to any application for P.U.D. plan approval, contact shall be made with the Planning Division, Department of Community Development, for a pre-application conference. It is advised that the conference occur prior to an extensive financial expenditure on the part of the developer. The purpose of the meeting is to inform appropriate City Staff on the proposed development and to inform the developer about various City ordinances, applicability of the proposed development, timing of procedure, and any other pertinent information appropriate to the proposal. To this end, the developer must outline the proposal in schematic and/or written form for discussion purposes. Area of consideration include, but are not limited to:
(1)   General discussion of project, building types, timing of development.
(2)   Proposed land uses and density ranges.
(3)   Conformance to Land Use Policy Plan.
(4)   Utility and street arrangements and patterns.
(5)   Proposed open space and recreational facilities and review of natural amenities to be preserved such as hill forms, wet lands, wooded areas, and water courses. Subsequent to the meeting, the developer will be furnished, as appropriate, with any comments regarding the meeting including recommendations to inform and assist the developer in the processing of the proposed plan. No oral, written or schematically illustrated statements made during the course of the conference shall be held as legally binding. The Carroll City Council is the only authorized approval body, upon recommendation of the Planning and Zoning Commission.
B.   Application for P.U.D. Plan Approval. After the pre-application conference, application for P.U.D. plan approval may be made to the City Council on forms obtainable from the City Clerk. The City Council shall refer the application to the City Planning and Zoning Commission for review and recommendations. Such recommendations shall be forwarded to the City Council within 60 days of referral. Upon written request and approval by the City Council, an additional 60 days may be granted for a recommendation. All technical assistance to the Planning and Zoning Commission on the application shall be coordinated by the City Staff. The P.U.D. application shall include the following written and visual materials:
(1)   A written statement concerning the proposed development, including the nature of the project, proposed land uses, building types, density ranges, conformance with the Land Use Policy Plan, description of the open space and recreational system, and the form of organization proposed to own and maintain the common open space.
(2)   A site development plan containing the following:
a.   The proposed name of the area and the name(s) and address of the applicant(s).
b.   Legal description of the total site being developed along with the seal of the registered land surveyor making the plat.
c.   Total acreage and the location of the proposed land to be developed.
d.   The location and size of the land to be retained as common open space.
e.   Existing and proposed contours at two foot intervals.
f.   The existing and proposed public and/or private street and sidewalk system.
g.   The location and size of water and sanitary sewer lines.
h.   Provisions for the disposition of storm water or surface runoff.
i.   A statement of quantitative data including total number and types of structures to be constructed on the site, individual parcel sizes, lot coverage, gross and net residential densities, areas reserved for open space and recreation, and off-street parking areas.
j.   Projected schedule for development (construction schedule).
(3)   Site supporting information to include as, appropriate:
a.   Any water course areas.
b.   Unique natural features.
c.   Unique historical sites.
d.   General vegetation cover.
e.   Soil suitability.
(4)   Other information to be submitted with application:
a.   A landscape plan delineating the proposed treatment of the site. The plan shall be supplemented with a written “Statement of Intent” of the plan and how the intent is to be realized.
b.   Representative floor plans and exterior elevations of proposed structures and buildings.
c.   Percent of residential and commercial (business) development in the Planning Unit Development.
d.   Evidence that the developer is capable of successfully completing the proposed development.
e.   Evidence that the proposed development is compatible with the surrounding area.
f.   The substance of any covenants, grants, easements, or any other restrictions proposed to be imposed upon the land or building(s), including easements for public utilities.
7.   Processing Procedure. The processing for P.U.D. approval shall be in accordance with the Subdivision Chapter of this Code.
8.   Preliminary Plan Referral to Planning and Zoning Commission. The application, accompanying evidence and preliminary plan shall be referred to the Planning and Zoning Commission for study and report after a public hearing. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan and with recognized principals of civic design, land use planning, and landscape architecture. After a public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the applicant amend the plan to preserve the intent and purpose of this ordinance to promote public health, safety, and general welfare.
A.   If the proposed development includes common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed by-laws of a homeowner's association fully defining the functions, responsibilities and operating procedures of the association shall be submitted. The proposed by-laws shall include but not be limited to provisions:
(1)   Automatically extending membership in the association to all owners of dwelling units within the development.
(2)   Limiting the uses of the common property to those permitted by the final development plan.
(3)   Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property.
(4)   Placing the responsibility for operation and maintenance of the common property in the association.
(5)   Giving every owner of a dwelling unit voting rights in the association.
(6)   If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
B.   Performance bond or bonds approved by the City legal department and Director of Finance in an amount not less than the estimated cost of the bonded improvements, which bond or bonds shall insure to the City that the dedicated public streets and utilities, including sewers, located therein and other common development facilities shall be completed by the developer within the time specified on the final development plan.
C.   Covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner or owners of the land or their successors in interest will maintain all interior streets, parking areas, sidewalks, parks and plantings which have not been dedicated to the City of Carroll in compliance with the ordinances of the City of Carroll, Iowa, and the final development plan as approved by the City Council, which shall be recorded in the office of the Carroll County Recorder.
D.   Additional easements or agreements required by the Council at the time of preliminary plan approval.
The final development plan and required documents shall be reviewed by the Commission, for compliance with the standards of this section and substantial compliance with the preliminary plan. The Commission's recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final development plan and approve it if it complies with the standards of this section and is in substantial compliance with the preliminary development plan.
9.   Changes in Approved Plan. Changes of a minor nature may be made in an approved plan by the City Staff. However, any proposed change of a major consequence is only authorized by City Council upon recommendation by the Planning and Zoning Commission. Major changes shall include:
A.   Non-conformance to the original approved statement of intent;
B.   Any increase in density, numbers, and/or types of dwelling units;
C.   Non-conformance to the original approved overall statement of intent of the landscape plan;
D.   Any change in maximum height or change in location of structures or buildings.
If any proposed change is questionable as to whether it is a major or minor consequence, such determination shall be made by the City Council. A P.U.D. plan runs with the land and is binding on any and all interested parties from and after the time a P.U.D. is approved. No permits will be issued in an area that has been rezoned on application of owners representing that a P.U.D. will be submitted until the P.U.D. has been submitted and approved.
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