The City of Hiawatha has established policies which apply whenever an applicant proposes to reclassify property, and the reclassification would result in a significant change in use or a higher intensity of use from the current zoning. Figure III lists the type of rezoning requests to which these policies apply.† 4 The reclassification policies are intended to obtain development which, in addition to being in conformance with the Comprehensive Plan is compatible with existing development in the vicinity and the natural features of the site. (Where these policies conflict with the policies contained in the Comprehensive Plan, the policies contained in the Comprehensive Plan shall be given precedence.) These reclassification policies shall be applied by the City Council, Planning and Zoning Commission and the City in reviewing and acting upon rezoning applications.
1. Zoning Density. In determining densities for a particular property, the City Council will take into account both the property’s physical characteristics and the location of the property relative to available services and facilities such as roads, water, sewer, utility services, fire protection, the degree and intensity of development in the vicinity, the surrounding neighborhood character, and Comprehensive Plan policies regarding land use applicable to the property.
2. Consideration of Development Constraints. It is the City Council’s intent to obtain the best possible harmony between the physical characteristics of a site and the type and intensity of development proposed for the site. Land having development constraints shall be avoided or used for lower intensity development unless constraints are mitigated to the satisfaction of the City Council. Suggested and required mitigation measures are listed in Figure IV.† 5
A. Identification of Development Constraints. An applicant requesting a rezoning shall provide maps depicting any of the following areas applicable to the property contained in the rezoning application. The applicant shall provide an estimate of acreage contained in each of these areas, and outside of the areas below listed. Areas having these characteristics shall be considered subject to development constraints. Figure IV contains explanation of the City's concerns about these areas.
(1) Slopes of greater than 25%.
(2) Areas subject to geologic hazards including unstable slopes or soils, and ground subsidence.
(3) Any regulatory floodway or flood fringe areas as depicted on the City’s flood plain overlay district maps.
(4) Wetlands as defined in Section 165.96(187) of these regulations.
(5) Adjacent less intense land uses.
B. Treatment of Development Constraints.
(1) Applicants proposing a rezoning which is subject to this section shall show the type of terrain and development constraints on the property have been considered in requesting a particular density.
(2) The applicant may propose mitigation measures in areas subject to development constraints which would reduce hazards or make development more compatible with physical conditions on the property and adjacent development. Figure IV contains a list of suggested mitigation measures for the different types of development constraints. This list is not all-inclusive. An applicant may propose other methods of mitigation. Proposed mitigation measures shall be included in the applicant’s rezoning submittal.
3. Preservation of Natural Features. To the maximum extent possible, the arrangement of land uses shall preserve or complement the natural features of the site. Whenever feasible, development shall be arranged to obtain this result.
4. Site Considerations. A rezoning proposal shall allow for the required parking, landscaping, open space, and other accessory uses necessary for the proper functioning of the development to be accommodated on the property for which rezoning is requested.
5. Reasonable Restrictions on Rezoning. Reasonable restrictions may be placed on the property to be rezoned at the time of rezoning to protect or relieve adjacent property from any additional requirements that might apply as a result of the rezoning. Reasonable restrictions include requiring the owner of any property that is rezoned to be responsible for the establishment and installation of transition yards and/or buffer areas that are required by the zoning regulations as a result of the requested rezoning.
Notes
| 4 | † Editor’s Note. Figure III – Application of Rezoning Policies – is found at the end of this chapter. |
| 5 | † Editor’s Note. Figure IV – Development Constraints – is found at the end of this chapter. |