55.25 RESIDENTIAL ZONING DISTRICT REGULATIONS (RE, R-1, R-2, R-3, R-4, R-5).

The residentially zoned districts are intended to provide for residential areas of various densities, to promote neighborhood quality of life, and to provide for those areas in a manner consistent with the comprehensive plan. It is intended that the district shall not be used indiscriminately to permit any use that could potentially be detrimental to the public health, welfare, and safety of the community. No temporary buildings, trailers, tents, portable or potentially portable structures shall be used for dwelling purposes.

1.   Residential Districts.

   A.   R-1 Suburban Residential District. The R-1 District is intended and designed to provide for the development or redevelopment of low-density residential areas of the County with single family dwellings on individual platted lots.

   B.   R-2 Single-Family and Two-family Residential District. The R-2 District is intended to provide for the development or redevelopment of low-density residential areas of the County with one and two-family dwellings on platted lots.

   C.   R-3 Multiple-Family Residential District. The R-3 District is intended to provide for redevelopment of higher-density residential areas now developed with one-family, two-family, multiple-family dwellings, and condominiums and for development of areas where similar residential development seems likely to occur

   D.   R-4 Mobile Home Park Residential District. The R-4 District is intended to provide for the development of certain medium density residential areas, which by reason of their design and location are compatible with surrounding residential areas, for use as mobile home parks.

   E.   Pursuant to the Marion County Board of Supervisors resolution adopted 9/28/2021 unincorporated Marion County land located within the unincorporated town of Pershing, as identified on the Official Zoning Map of Marion County, Iowa, shall now be zoned R-1, Single Family Residential under the Marion County zoning regulations. Any structures in existence prior to the adoption of the ordinance change January 1, 2023, shall be considered a non-conforming use as defined in section 55.10 of this Zoning Code.

2.   Principal Permitted Uses. No more than one principal structure is permitted on any lot or parcel in residential zoning districts. Principal permitted uses for residential districts are as follows:

PRINCIPAL PERMITTED USES	R-1	R-2	R-3	R-4
Agricultural - Crop Production only for growing of farm products such as vegetables, fruits (including vineyards), trees, hay and grain but excluding crop storage, animal production, commercial animal raising or roadside stands.	PR	P	P	P
Agriculture - Nurseries, greenhouses and truck gardens.	PR
Cemeteries adjacent to or an extension of existing cemeteries.	PR
Churches, chapels, temples and similar places of worship including parish house, Sunday school building	P	P
Civic – Private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.			P
Civic – Public museums, libraries, or community centers and similar cultural, administrative or public services uses.	P	P	P
Dwellings – Boarding Houses			P
Dwellings – Elder family homes as permitted by and as limited by Section 335.31 and Section 231A.2, Code of Iowa	P	P
Dwellings – Family homes as permitted by and as limited by Section 335.25, Code of Iowa	P	P
Dwellings - Mobile Home Parks, including mobile home dwellings but not including mobile home sales or display areas				PR
Dwellings - Multiple-family dwellings (up to 6 dwelling units per building) including apartments, townhomes and condominiums.			P
Dwellings - Multiple-family dwellings (more than 6 dwelling units per building) including apartments, townhomes and condominiums.			P
Dwellings - Nursing homes, Assisted Care facilities, Independent Care facilities, and group homes.			P
Dwellings - Single-family, detached.	P	P	P
Dwellings - Townhomes, attached or detached (up to 6 units per building).			P
Dwellings - Two-family dwellings (duplexes).		P	P
Education - Child Care, including Daycares and Preschools.			PR
Education - Colleges and Universities, including classrooms, administration buildings and athletic facilities but excluding commercial trade schools and business colleges.			P
Education - Primary and secondary schools, public & private, excluding boarding schools.	P	P	P
Education - Residential Housing including dormitories, Fraternities and Sororities if recognized by the local college or university.			P
Parks – Public or private parks and playgrounds.	P	P	P	P
Recreation – Private non-commercial recreational areas and facilities including country clubs, swimming pools, ball fields and public or private golf courses; but excluding miniature golf courses, drive-in theaters, campgrounds and similar non-commercial uses.	PR	PR
Utilities – Utility pole mounted small wireless facility.	PR	PR	PR	PR
Key: P = Permitted Use PR = Permitted Use With Restrictions SUP = Special Use Permit required Blank = Use Not Permitted

 

3.   Restrictions for Principal Permitted Uses. The following restrictions shall apply to the appropriate permitted uses in agricultural zoning districts:

   A.   Agricultural Crop Production, Nurseries, Greenhouses and Truck Gardens. Such agricultural uses shall be permitted in residential districts provided that no offensive odors are created and provided further that no offensive dust is created beyond the usual and customary dust associated with tilling, harvesting or similar necessary activities.

   B.   Cemeteries. All buildings shall be at least 200 feet from adjacent property lines.

   C.   Recreation - Private Golf Courses. Commercial golf courses may be permitted by the Board of Supervisors only after public hearing and recommendation by the Zoning Commission.

   D.   Multiple-Family Dwellings. Multiple-family dwellings, including townhomes, are permitted in locations having common water and sewer systems unless specifically approved by the Marion County Health Department. Said approval may include increased lot areas or other restrictions as deemed necessary by the Health Department.

   E.   Small wireless facility utility pole height limitations. New, replacement, or modified utility pole or wireless support structure shall not exceed the greater of ten feet in height above the tallest utility pole existing, located within five hundred (500) feet of the new, replacement, or modified utility pole, or forty feet in height above ground level.

4.   Special Use Permits. Principal permitted uses designed “SUP” in Subsection 2 of this section shall be permitted only upon approval of a Special Use Permit by the Board of Adjustment in accordance with Section 55.37 of this chapter in addition to conformance with all appropriate restrictions outlined Subsection 3 of this section.

5.   Permitted Accessory Uses. The following accessory uses are permitted in residential zoning districts:

   A.   Customary accessory uses and structures incidental and subordinate to the permitted principal uses, unless otherwise excluded.

   B.   Private garage or carport.

   C.   Home Occupations as permitted in and as limited by Section 55.17.

   D.   Nursery schools, preschools and child care centers in R-2 and R-3 districts only, provided the principal building is located at least 20 feet from all property lines, and further provided there is established and maintained a completely fenced and screened playlot in connection therewith.

   E.   No more than one shipping container may be used for storage in a residential zoning district.

   E.   Temporary buildings, including mobile homes or trailers, for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. Temporary buildings or dwellings shall not be permitted for a period longer than one year unless approved in writing by the Zoning Administrator.

   F.   Solar collectors mounted on the ground in the rear yard or attached to the principal building facing the front, side or rear yard at a height no greater than the peak of the roof of the principal structure. If required, solar access easements may be obtained from the adjoin property owners in accordance with State statures.

   G.   Private Solar Energy Systems.

      (1)   Ground-Mounted Solar Array. Ground-mounted solar array shall be:

         a.   Located in the side or rear yard.

         b.   Set back from lot lines as if the arrays were a detached accessory structure.

         c.   Sized as if the arrays were a detached accessory structure.

         d.   Screened from adjacent residential properties.

      (2)   Building Mounted Solar Array. Building mounted solar array shall be:

         a.   Mounted on a principal building or accessory structure.

         b.   Mounted in a way that does not extend more than 12 inches above or beyond the surface to which it is mounted.

   H.   Small wind energy conversion system (SWECS) are a permitted accessory use subject to the requirements set forth in this subsection:

      (1)   SWECS Height. SWECS structure height shall not exceed 125 feet.

      (2)   Setbacks. The base of the SWECS shall be set back from all lot lines by a distance at least equal to one and a half times the height of the system.

      (3)   Clearance. Rotor blades on SWECS must maintain at least 24 feet of clearance between their lowest point and the ground.

      (4)   Compliance With FAA Regulations. SWECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

      (5)   Appearance. Towers and rotor blades for small wind energy systems shall maintain such finish or be painted in such manner as to conform the tower color and appearance to the surrounding environment to reduce visual obtrusiveness. No such tower shall have any signage, writing, or pictures that may be construed as advertising placed on it at any time. In addition, no flags, streamers, or decorative items shall be attached to a small wind energy system tower or turbine.

      (6)   Removal of Nonfunctional or Abandoned SWECS.

Any small wind energy system which is nonfunctional or abandoned for a continuous period of six months shall be repaired and placed back in operation by the owner or operated, or else the same shall be removed.

   I.   Common sewage treatment facilities or lagoons, common water supply facilities in accordance with requirements of Iowa DNR.

   J.   Accessory uses in R-4 include only those non-residential uses required for the direct servicing and well-being of mobile home park residents and for park management and maintenance, such as common facility service buildings, storm shelters, laundry facilities, vending machines, garage, parking areas, storage facilities, garages, park management or maintenance buildings, community buildings, swimming pools and similar uses.

   K.   Beekeeping and apiaries; up to a maximum of four hives per acre and provided all hives are set back a minimum of 25 feet from property lines.

6.   Site Development Regulations. The following minimum requirements shall be observed, subject to modifications contained in Section 55.29 of this chapter.

BULK REGULATIONS
Regulator	R-1	R-2	R-3	R-4
Minimum Lots Area1 (in square feet) SF: common water & sewer SF: individual water or sewer 2F dwellings: common water & sewer 2F dwellings: individual water or sewer Multiple Family & Row Houses Other Permitted uses	10,000 43,560 - - - 43,560	10,000 43,560 30,000 65,340 - 43,560	10,000 43,560 30,000 65,340 15,0002 43,560	- - - - - 43,560
Minimum Lot Width1 (in feet) SF: common water & sewer SF: individual water or sewer 2F dwellings: common water & sewer 2F dwellings: individual water or sewer Multiple Family Row Houses Other Permitted uses	80 100 - - - - 100	80 100 120 150 - - 100	80 100 120 150 150 120 100	- - - - - - 600
Maximum Density  (dwellings per acre)			15	8
Minimum Front Yard1 (in feet) SF Dwellings 2F Dwellings, Row Houses Multiple-Family Other Permitted Uses	35 - - 50	35 35 - 50	35 35 - 50	- - - 75
Minimum Rear Yard1 (in feet) SF Dwellings 2F dwellings, Multi-family, Row House Other Permitted Uses      Accessory Structures	25 - - 50 4	25 35 - 50 4	25 35 35 50 4	- - - 75 4
Minimum Side Yard 1 (in feet) SF: common water & sewer SF: individual water or sewer 2F dwellings, Multi-family, Row House Other Permitted uses       Accessory Structures	8 12 - - 12 4	8 12 12 - 12 4	8 12 12 12 12 4	- - - - 75 4
Maximum Height (in feet) Principal structures Accessory structures	35 25	35 25	40 25	25 25
Maximum Number of Stories Principal building Accessory building	3 2	3 1½	3 2	1 2
Key: - = not applicable Notes: Bulk regulation minimum requirements are based on “net” areas or distances, exclusive of public rights-of-way or private street easements. Plus an additional 2, 500 SF per dwelling unit above 3 Interior row units shall be 20’ wide, exterior row units shall be 30’ side (minimums)

 

7.   Additional Requirements.

   A.   Foundations. A permanent foundation is required for all principal buildings.

   B.   Minimum Building Width. The minimum dimension of the main body of the principal building shall not be less than 24 feet.

   C.   Land Division and Subdivision. No parcel of land, or residual parcel of land, shall be created following adoption of this Zoning Ordinance by means of division, subdivision, adjustment, or combination that does not meet the requirements of this Zoning Ordinance.

   D.   Existing Parcels. Any parcel of land created and recorded prior to adoption of this Ordinance shall not be considered as a buildable lot until a determination is made by the Zoning Administrator in accordance with Section 55.29 of this chapter.

   E.   Street Frontage. Street frontage to either a public or private street shall be provided as required by Section 55.12 of this chapter. Private ingress/Egress easements or similar access easements shall not be accepted in lieu of street frontage. Front yard depth shall be measured from the right-of-way line.

   F.   Flag Lots. Flag lots shall not be permitted in residential zoning districts unless there exists a unique and demonstrable need based upon topography or similar existing conditions. Flag lots shall be only created via a Plat of Survey or a Plat of Subdivision and said plat must be approved by the Zoning Commission prior to recording.

   G.   Off-Street Parking and Loading. Off-street parking and loading shall be as required by Sections 55.21 and 55.22 of this chapter.

   H.   Signs. All signs shall be as permitted and limited by Sections 55.20 of this chapter.

   I.   Site Plans. A Site Plan shall be required for all uses except single-family residential and duplex residential uses in accordance with Section 55.29 of this chapter.

   J.   Additional Requirements for Mobile Home Parks:

      (1)   Plan Required. Each petition for a change to the R-4 zoning classifications submitted to the Board of Supervisors shall be accompanied by a mobile home park plan. Said plan shall show each mobile home space; the water, electrical, sewer lines serving each mobile home space; the location of fire hydrants, garbage cans, accessory buildings, driveways, walkways, recreation areas; required yards, parking facilities, lighting, landscaping, storm shelters and community facilities. The plan shall be considered by the County Zoning Commission, County Emergency Management Commission, and the Board, who may approve or disapprove said plan or require such changes thereto as are deemed necessary to effectual the intent and purpose of this Zoning Ordinance, all in conformance to Section 55.41 of this chapter.

      (2)   Lots. The individual mobile home lot shall contain not less than 4,500 square feet, with a minimum depth of 90 feet. Each lot shall have a front yard of not less than 15 feet measured from the edge of the interior street to the mobile home. A minimum separation of at least 25’ shall be provided between the rear and sides all mobile homes and structures. Entrance-ways, rooms, breezeways or other additions may be constructed as additions to any mobile home provided a minimum separation of 10’ is maintained between all structures. No part of any mobile home space shall be closer than 75’ to any public right-of-way.

      (3)   Streets. Entrance roads into the park from public streets shall be paved with Portland cement concrete or asphalt with concrete curb and gutter shall have a minimum pavement width of 31 feet, measured from back-to-back of curbs. Interior streets inside the park shall be private streets and paved with Portland cement concrete or asphalt with concrete curb and gutter and shall have a minimum pavement width of 28 feet, measured from back-to-back of curbs.

      (4)   Parking. Each mobile home shall be provided a minimum of two (2) off-street parking spaced, all conveniently located no more than 200 feet from the associated mobile home. All parking areas shall be paved with Portland cement concrete or asphalt.

      (5)   Skirting. Skirting of a permanent type material and construction shall be installed within 90 days of installation of each mobile home to enclose the open space between the bottom of a mobile home floor and the ground at the mobile home stand. This skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and to preserve the appearance of the mobile home park.

      (6)   Utilities. Public or common sewer and water facilities shall be provided for each mobile home park space and appropriate accessory structures in accordance with the requirements of the Iowa Department of Natural Resources. Any lagoons, or other treatment facilities, constructed in conjunction with the development, shall be located not less than 75 feet from any right-of-way or lot line (in the case of a lagoon, this distance shall be measured from the outside toe of the levee slope.)

      (7)   Recreation Areas. One or more recreation areas shall be provided that is easily accessible to all park residents. Said recreation areas shall have a minimum of 250 square feet of area for each mobile home in the park, exclusive of area within the individual mobile home lots.

      (8)   Storm Shelters. A storm shelter for residents shall be required within the mobile home park, designed to withstand at least 250 mile per hour winds and fulfill the requirements of the Marion County Emergency Management Commission.