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165.10   RESIDENTIAL ZONING DISTRICT REGULATIONS (R-1, R-2, R-3, R-4).
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 good planning policies and practice. 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.
1.   Residential Districts.
   A.   R-1 Single Family Residential District. The R-1 District is intended to provide for the development of low-density residential areas and new subdivisions of the City with one-family detached dwellings on individual platted lots.
   B.   R-2 One- and Two-family Residential District. The R-2 District is intended to provide for the redevelopment of existing low-density residential areas of the City with one and two-family dwellings on platted lots. It is also intended to provide for development of one- and two-family homes on smaller lots in new subdivisions.
   C.   R-3 Multiple-Family Residential District. The R-3 District is intended to provide for development or redevelopment of higher-density residential areas of the City with multiple-family dwellings, including row houses, townhomes, apartment buildings, and condominiums and for limited development of single-family and two-family homes. Multi-family uses should be developed on paved streets with good access to the highway to avoid congestion and should be located and designed to be compatible with surrounding residential areas.
   D.   R-4 Mobile Home Park Residential District. The R-4 District is intended to provide for the development of mobile home parks in medium density residential areas. Mobile home parks should be developed on paved streets with good access to the highway to avoid congestion. Parks should be designed and located to be compatible with neighboring uses.
2.   Principal Permitted Uses. Principal permitted uses for residential districts are as follows:
RESIDENTIAL ZONING DISTRICTS
PRINCIPAL PERMITTED USE
R-1
R-2
R-3
R-4
RESIDENTIAL ZONING DISTRICTS
PRINCIPAL PERMITTED USE
R-1
R-2
R-3
R-4
Agricultural – crop production only for growing of farm products such as vegetables, fruits, trees and grain but excluding crop storage, animal production or raising or roadside stands or greenhouses over 2000 sf.
PR
PR
PR
PR
Cemeteries and the necessary accessory structures.
PR
PR
PR
Civic – private clubs, lodges, or veterans organizations, excepting those holding a beer permit or liquor license.
P
P
Civic – public museums, libraries, or community centers and similar uses.
P
P
Civic – public or private parks and playgrounds; including golf courses.
P
P
P
Education – day care centers and preschools.
PR
PR
PR
Education – colleges and universities, including classrooms, administration buildings, and athletic facilities.
P
Education – primary and secondary schools, public & private, excluding boarding schools.
PR
P
P
Education – residential housing including dormitories, fraternities, and sororities if recognized by the local college or university.
P
Hotels – residential bed & breakfast (up to and including three units).
P
P
Hotels – bed & breakfast inn (up to and including 12 units).
Religious institutions.
PR
P
P
Residential – boarding houses.
P
P
Residential – mobile home parks.
PR
Residential – multiple-family dwellings including apartments, townhomes and condominiums.
P
Residential – nursing homes, assisted care and independent care facilities.
P
Residential – duplexes and two-family, group homes.
P
P
Residential – single-family, detached.
P
P
P
Utility – public utility structures and facilities necessary for service of the area; railroad right-of-way and tracks excluding depots and yard.
PR
PR
PR
PR
Other uses equivalent to the permitted uses listed above as determined by P & Z and approved by Council. Criteria for equivalency include but are not limited to traffic, odors, noise, and lighting levels.
PR
PR
PR
PR
Key:
P = Permitted Use   PR = Permitted Use With Restrictions
SUP = Special Use Permit (BOA approved)   Blank = Use Not Permitted
3.   Restrictions for Principal Permitted Uses.
   A.   Residential uses are subject to the following restrictions:
      (1)   No greenhouses larger than 2,000 square feet are permitted; no greenhouse heating plant shall be operated within 75 feet of any property line.
      (2)   No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any property line.
      (3)   Roadside stands are not permitted in the R-1 or R-2 Districts.
      (4)   Outdoor storage of materials or equipment is not permitted for any use in the C-1 or C-2 Districts except and specifically approved by Council on a Site Plan. Said storage shall be limited to areas designated on the site plan and shall be maintained and screened in conformance to the site plan.
   B.   Day cares centers and pre-schools, are subject to the following restrictions:
      (1)   Day cares and pre-schools shall be licensed as required by the State.
      (2)   The building used for such purposes is located not less than 20 feet from any other lot in any residential district.
      (3)   This use shall require usable outdoor play space, which space shall be confined to the rear yard of the property and be completely enclosed by a fence.
   C.   Mobile Home Parks shall be licensed in accordance with the provisions of the regulatory agencies of the State and are subject to the following restrictions:
      (1)   A Site Plan shall be required for all mobile home parks in conformance with Chapter 161.
      (2)   A mobile home park shall provide 3,000 square feet per mobile home unit, and maintain yards and setbacks of at least 30 feet around the perimeter of said park.
      (3)   Each mobile home within said park shall maintain at least 20 feet of front, side, and rear yards from all other adjacent mobile homes.
      (4)   At least one storm shelter shall be constructed in each mobile home park which is acceptable to the City Council as to size, location and construction materials and shall be constructed and maintained as shown on the approved Site Plan.
      (5)   Parking shall be provided on site and shall be permitted on only one side of any private street within said park.
      (6)   Every mobile home shall be supported and set, and tie-downs or anchors provided, as specified in the manufacturer's instructions or, in their absence, according to the minimum requirements as specified in Division VI, Part 2 of the Iowa State Building Code.
      (7)   Only independent mobile homes shall be used for residential purposes which (i) are designed for long-term occupancy and contain a flush toilet, a tub or shower, and kitchen facilities; (ii) require a connection to outside sewer and water systems because a waste holding tank and water storage tank are not integral parts of the mobile home; (iii) are not built on a self-propelled motor chassis; and (iv) are not identified as a recreational vehicle, such as a camping trailer or motor home, by the manufacturer.
      (8)   Skirting of permanent type material and construction sufficient to provide substantial resistance to high winds shall be installed within 90 days after the placement of the mobile home to enclose the open space between the bottom of the mobile home floor and the grade level of the mobile home stand. The skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and the appearance of the mobile home park.
   D.   Schools, religious institutions, and cemeteries are subject to the following restrictions:
      (1)   All new facilities shall be located on a paved road.
      (2)   All new facilities, and expansions of existing facilities, shall provide for adequate on-site vehicular circulation and parking in accordance with an approved site plan.
   E.   Public utility structures and facilities including but not limited to telephone, cable television, and internet services, are subject to the following restrictions:
      (1)   All new installations of the above services shall be constructed and routed below ground.
      (2)   All wires shall be in compliance with the then applicable standards for said transmission utilities.
      (3)   All replacement of existing above-ground or under-ground wires, cables, etc., shall be replaced only with below-ground apparatus.
      (4)   When repair of above-ground wires, cables, etc. are necessary, and said repairs on existing lines are major repairs (where more than 50 percent of a particular segment of wires and/or cable are being replaced), the apparatus replacing the damaged wires, cables, etc. shall be below ground. The 50 percent determination shall be made by a designated City employee.
      (5)   Repairs of the existing above-ground wires that are already in existence at the time of approval of the ordinance codified in this chapter shall be allowed only if said repairs are minor and do not constitute a major repair or replacement of existing service. An exception shall be made for natural disasters, including but not limited to ice storms and tornados.
4.   Accessory Uses. Uses not permitted as a principal permitted use for that zoning district shall not be permitted as an accessory use except as specifically permitted in this subsection. The following accessory uses are permitted in residential zoning districts:
   A.   Customary accessory uses and structures incidental to the permitted principal uses.
   B.   Private garage or carport.
   C.   Home occupations in conformance with Section 165.07(10).
   D.   Satellite dishes, no more than 15 feet tall.
   E.   Antenna towers, no more than 55 feet tall if set back at least 55 feet from the closest property line.
   F.   Roof mounted solar panels, no taller than six feet above the roof on which it is mounted.
   G.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
   H.   Temporary use of a dwelling structure within a new subdivision for use as a job office and real estate office for the subject subdivision, which use shall terminate upon substantial completion (75 percent of the lots or units have been sold by the developer) or abandonment of the project (lots, units, or homes are not available for sale by developer).
   I.   In the R-2 and R-3 Districts, zero lot line parcels are permitted for two-family residential buildings to provide for separate ownership of each dwelling unit, subject to compliance with the following requirements:
      (1)   The lot or parcel must meet all of the requirements for two-family residences; including lot size, width and setbacks; prior to the lot or parcel being divided into two parcels.
      (2)   Following said division, each tract must comply with all zoning requirements, with the exceptions of:
         (a)   side yard setback on one side only which is defined as the common wall between dwelling units;
         (b)   minimum area individually for the two new tracts; and
         (c)   minimum lot width individually for the two new tracts.
      (3)   Each unit of a two-family dwelling must have or construct their own separate access and utility service. Joint access may be permitted provided an easement covering said access has been recorded in Grundy County.
      (4)   The division of two-family building must be split by a common horizontal boundary line that defines the common wall between the units. Said common wall must have an approved one-hour fire resistive wall between the units that extends from the footings to the roof, or must comply with the then current building code, whichever is more restrictive.
      (5)   Prior to said division, restrictive and protective covenants shall be recorded in Grundy County that provides for the owners of both units together to be jointly and severally liable and responsible for the maintenance and repair of the common wall and all other common elements of the properties such as utilities, services, and driveways.
      (6)   A two-family dwelling that has been divided shall in all respects, other than the division thereof, be considered as a two-family dwelling and shall meet all requirements pertaining thereto with the express understanding that nothing herein shall be construed to permit the separate use of one or both of the resulting tracts of land in the event the one or both units are damaged, destroyed, or demolished.
   J.   In the R-3 District, developed as an Independent Living or Assisted Living Facility, an accessory management office, retail convenience or service shop may be permitted provided that such complex be under one management or similar control and contains more than 30 permanent dwelling units and provided that:
      (1)   Such shops are located on the first floor or lower and there is no entrance to such place of business except from the inside of the building or internal courtyard.
      (2)   Display of any stock, goods, or advertising is so arranged that it cannot be viewed from outside the building.
      (3)   No advertising sign shall be permitted that exceeds one square foot in area.
   K.   Club houses within a residential subdivision where ownership is maintained under a homeowners association or multi-family complex under one ownership. Clubhouses shall be constructed of materials similar to the principal structures within the development and shall meet all site development regulations specified herein.
   L.   In the R-4 District, management offices, service buildings, maintenance buildings, storm shelters, recreation buildings, vending or food services including groceries, coin operated laundry facilities and mini-storage units, may be permitted if approved by Council on a site plan as subordinate use to the mobile home park.
5.   Accessory Structures. Accessory structures may be constructed in residential districts as permitted in Section 165.07(5) of this chapter.
6.   Site Development Regulations. Dimensional requirements for residential districts are as follows:
SITE DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS
Regulator
R-1
R-2
R-3
R-4
SITE DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS
Regulator
R-1
R-2
R-3
R-4
Minimum Lot Area1 (square feet)
Single Family
8,712
6,000
8,712
8,712
Two-Family
-
8,712
8,712
8,712
Multi-Family
-
-
10,000
10,000
Multi-Family, per dwelling unit
-
-
2,500
2,500
Townhome, per dwelling unit
-
-
2,500
2,500
Other Principal Structures
10,000
Minimum Lot Width1 (Feet)
Single Family
70
50
70
70
Two-Family
-
70
70
70
Multi-Family
-
-
90
90
Townhome, per dwelling unit
-
-
25
25
Other Principal Structures
90
90
90
90
Minimum Front Yard (Feet)
All uses
25
25
25
25
Minimum Rear Yard (Feet)
Dwellings
30
30
30
30
Other Principal Structures
35
35
35
35
Accessory Buildings & Structures
5
5
5
5
Minimum Street Side Yard (Feet)
All uses
25
15
25
25
Minimum Interior Side Yard (Feet)
Dwellings: 1 Story
7
5
7
7
Dwellings: 1½ Stories
7
6
7
7
Dwellings: 2 and 2 ½ Stories
8
7
8
8
Dwellings: 3 Stories or more
10
10
10
10
Other Principal Structures
16
16
16
16
Accessory Buildings & Structures
54
54
54
54
Maximum Structure Height (Feet)
Principal building
452
452
452
452
Accessory Structure
203
203
203
203
Maximum Structure Height (Stories)
Principal building
3
3
3
3
Accessory building
1.5
1.5
1.5
1.5
Notes:
1.   Use of existing lots of record that do not conform to the R-2 requirements for lot area or width; for single family and two-family uses only; are specified in Section 165.08
For each one foot that the building sets back beyond the required front, side, and rear yards, one foot may be added to the height limit of such building or portion thereof; provided however, that no building shall exceed a height of 75 feet.
For the maximum height of specific accessory uses (satellite dishes, antenna towers, roof- mounted antennas, and roof-mounted solar panels), refer to 165.10(4).
Accessory building setbacks on lots of record that do not conform to the R-2 requirements for lot area or width; for one- and two-family uses only; are specified in Section 165.14(1).
 
7.   Off-Street Parking. Off-street parking shall be provided as required by Section 165.16. Loading zones, when required, shall be provided as required by Section 165.15.
8.   Site Plans. Site plans shall be required for all uses except single family and duplex family residential dwellings. See Chapter 161 for Site Plan requirements.
9.   Architectural Design Standards. Refer to Chapter 161 for architectural standards for uses other than one- and two-family dwellings.
10.   Open Space Requirements. Open space requirements shall be required in conformance with Section 165.07(12).
11.   Buffer Screening. Refer to Section 165.18 for requirements regarding buffer plantings, fences, and screening, including screening of outdoor storage areas.
12.   Exceptions and Modifications. See Section 165.14 for exceptions to the residential zoning district regulations.