1. Zoning District Map. The Zoning District Map is on file in the office of the City Clerk and is hereby incorporated into and made a part of this Code. The boundaries and classifications of the various zoning districts have been enacted and established as shown on said Map, subject to the provisions hereafter set out relating to subsequent district boundary classification changes and amendments. This Map shall be revised from time to time and after approval by resolution of the City Council shall be considered as incorporated into this Code. Said Map is designed and intended as a method and means of setting forth the boundaries and classifications of various zoning districts as the same are shown on said Map. All notations, references, markings, and other information shown thereon are hereby enacted and established as a part of the official “District Map” for the City of Hiawatha, Iowa, and are made a part of this chapter subject to the manner and method hereafter set out for subsequently changing the district boundary classifications.
2. District Boundary Rules. The following rules shall apply with respect to the boundaries of the various districts as shown on the Zoning District Map:
A. General Rule. District boundary lines are the centerlines of highways, streets, and alleys; right-of-way lines of railroads and freeways; section, division of section, tract and lot lines; or such lines extended unless otherwise indicated.
B. Special Areas. In areas not subdivided into lots and blocks, and wherever a district is indicated as an area adjacent to and paralleling a street or highway, the depth of such areas shall be in accordance with dimensions scaled on the Map at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions scaled on the Map from section, quarter section, or division lines, or centerlines of streets and highways, or railroad rights-of-way, unless otherwise indicated.
C. Vacated Streets. Whenever any street, alley, or other public way is vacated by official action of the Council the district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation, shall then and henceforth be subject to all appropriate regulations of the extended districts.
D. Submerged Areas. All areas within the corporate limits of the City, which are under water and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
3. Relationship Between Districts and Prior Enactments.
A. Districts Remaining in Effect. The regulations for zoning districts listed in this Section 165.17(3)(A) shall remain in effect for land so designated as of the date of enactment of this Code, unless a designation is later repealed or amended by the City Council.
(1) FP Flood Plain
(2) PUD Planned Unit Development. Where a PUD District has been adopted, the PUD agreement or designation in effect as of the date of enactment of this Code shall remain in effect except if amended in accordance with Section 165.66(12) of this Code.
B. Modified Districts. City zoning regulations in effect prior to enactment of this Code included zoning districts which have been retained but have been modified by adoption of this Code. Upon enactment of this Code, land included in a modified district shall be governed by regulations for the district as set forth in this Code. Modified districts include:
(1) A Agriculture
(2) R-1 Residential Single Family
(3) R-3 Residential Single Family
(4) R-5 Residential
(5) R-7 Multiple Family Residence
(6) R-MH Residential Mobile Home
(7) C-ORS Commercial Office, Research, Service
(8) C-2 Neighborhood Convenience
(9) C-3 Highway Commercial
(10) C-4 Highway Commercial
(11) C-R Commercial Recreation
(12) C-WH Commercial Warehouse
(13) I-1 Industrial
(14) I-2 Industrial
(15) CPR-1, CPR-2, CPR-3 Center Point Road District
C. Deleted Districts. Certain districts have been deleted because the provisions of the districts have been included with another district or the differences between the deleted district and another district were minimal. Deleted districts include:
(1) R-2 Residential
(2) R-4 Residential
(3) R-6 Residential
(4) C-1 Commercial
(5) I-1A Industrial
(6) I-2A Industrial
(7) I-3A Industrial
4. Map Update. The Map shall be updated periodically and become the new “District Map.”
A. Changing District Boundary Classifications. In accordance with Section 414.4 of the 1995 Iowa Code, as the same now exists or may be hereafter amended, superseded or replaced by subsequent sections of said Iowa Code, the Council herewith provides the following manner to amend, supplement or change the district boundary classifications as shown on said “District Map.” Such amendments, supplements, or changes shall be set out in an ordinance identifying the property by legal description and identifying the zoning district as the same that exists, and the new district to be established for said property. Such ordinance shall, after adoption and publication, be then recorded by the City Clerk as other ordinances. Such ordinance shall make reference to the Zoning Ordinance and “District Map” and shall constitute a part of the City Zoning Ordinance; however, such ordinance shall not repeal or reenact said Map and said Map or Map periodically revised, shall continue to exist and define and establish the boundaries and classifications, as the same exist on said Map except that after such subsequent ordinances are adopted and published as above provided, the boundaries and zoning district classifications as defined in said subsequent ordinances shall supersede the district map and boundaries as shown on any such “District Map” for the particular property described in the subsequent ordinance. Further, such subsequent ordinances shall be considered as special ordinances, and not required to be set out in the Municipal Code.
(1) Voluntary Annexation. All applications for voluntary annexation of land to the City of Hiawatha may, in addition to the necessary requirements for annexation, include a request by the applicant for a zone classification for the property other than agricultural. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendation on the requested zoning pursuant to Sections 165.90 and 165.91 of this Code. The Planning and Zoning Commission shall consider zoning requests in accordance with the land use portion of the Comprehensive Plan and Sections 165.90 and 165.91 of this Code.
(2) Involuntary Annexation. All territory which may be annexed shall be automatically classified in the Agriculture District until otherwise amended according to procedures established in Sections 165.90 and 165.91 of this Code. However, if a majority of the property owners who also represent a majority of the property being annexed, request a zone classification which the Planning and Zoning Commission finds compatible with the land use portion of the Comprehensive Plan, the Commission may consider the request in a report to the City Council.