1. Statement of Intent. The R-1 Transitional Residential District is designed to provide a district for single-family detached dwellings between a rural and urban density. Subdivisions created within the R-1 district may also include community facilities and open space uses, with special provisions to protect the residential character of the District. This District is not intended to permit isolated rural dwellings incompatible with surrounding land uses and not in conformance with the Cornerstone to Capstone (C2C) Comprehensive Plan. The R-1 Transitional Residential District shall be located in the Urban Expansion Area or Rural Villages as shown on the C2C Plan.
(Ord. 317– Apr. 24 Supp.)
2. Principal Permitted Uses. Only the use of structures and/or land listed in this section shall be permitted in the R-1 Transitional Residential District.
A. Single-family dwellings.
B. Parks.
C. Cemeteries adjacent to or as an extension of existing cemeteries.
D. Family home.
3. Permitted Accessory Uses. The following are permitted accessory uses in the R-1 Transitional Residential District:
A. Accessory buildings.
B. Home business in a dwelling, or, if the property is one (1) net-acre or greater in size, then a home business may be located in an accessory structure, subject to the standards outlined in Chapter 89.01.
(Ord. 317– Apr. 24 Supp.)
C. Temporary buildings in the following circumstances:
(1) Construction trailers for use incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
D. Temporary use of a dwelling within a new subdivision as a job office and real estate office for the subject subdivision, which shall terminate upon completion or abandonment of the project.
E. Non-commercial livestock subject to the standards in 88.18.
(Ord. 298 - Sep. 22 Supp.)
F. Non-commercial WECS, subject to the following standards:
(1) Tower Height.
a. For property sizes under one acre, the tower height shall be limited to 80 feet unless it is necessary to increase the height of the tower to the minimum height necessary so that the bottom of the turbine rotor will clear a wind obstacle within a 500-foot radius by 30 feet.
b. For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.
(2) Setback. The base of the small wind energy tower shall be set back from all property lines, public rights-of-way, and above ground public utility lines at a distance no less than 115 percent of the total height of the tower.
a. The base of a tower shall be allowed closer to a property line if the applicant and abutting property owners grant permission, via recorded easement when required setbacks cross property lines, which restrict new development within the easements. At no time shall a tower be placed closer to a property line if existing structures on affected properties are within 100 percent of the total height of the tower.
(3) Noise. Non-commercial WECS shall not exceed 60 dBA, as measured at the closest neighboring dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
(4) Engineer Certification. A non-commercial WECS, or a small wind energy system mounted on a structure other than a free-standing tower, shall not be erected unless the plans and specifications for the system have received the stamped approval of an Iowa registered engineer. For non-commercial WECS less than 20 kW mounted on a free-standing tower, a manufacturer may submit its standard plans and specifications, including its soils study and foundation plans for such a system, for a one-time review and stamped approval by an Iowa registered engineer as suitable for construction in any soil condition that exists in the State of Iowa. If such one-time stamped approval is obtained, that manufacturer may thereafter construct such small wind energy systems, utilizing the approved soils study and foundation plans, without obtaining and presenting the stamped approval of an Iowa registered engineer for each such installation.
(5) Compliance with FAA Regulations. Non-commercial WECS must comply with applicable FAA regulations.
(Ord. 317– Apr. 24 Supp.)
(6) Compliance with National Electric Code. Applications for non-commercial WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.
(7) Utility Notification. No non-commercial WECS shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator, under an agreement approved by and subject to the regulations adopted by the Iowa Utilities Board. Off-grid systems shall be exempt from this requirement.
(8) Insurance. A certificate of insurance shall be provided, showing general liability insurance coverage for the installation and operation of the system under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility.
(9) Screening and Safety.
a. On-site vegetation shall be preserved to the maximum extent practical.
b. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing.
c. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot readily be climbed.
d. The color of the turbine shall either be stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
(10) Signage. No signs, other than appropriate warning signs, or standard manufacturer's or installer's identification signage, shall be displayed on a wind generator, tower, building, or other structure associated with a small wind energy system, subject to Section 89.02 of this Code of Ordinances, as applicable.
(11) Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.
G. Non-commercial SES, subject to the following standards:
(1) Height. Building or roof-mounted non-commercial solar energy systems, whether mounted on the principal building or accessory building, may not exceed the maximum principal use height or accessory use height specified for the use type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof. A ground-mounted system shall not exceed the maximum building height for accessory uses.
(2) Setback. In no instance shall any part of the solar energy system extend beyond the required setbacks for accessory uses listed in Table 86-5.
(3) Solar Panels. Solar panels shall be placed such that concentrated solar radiation or glare is not directed onto nearby properties or roadways.
(4) Compliance with FAA Regulations. Non-commercial SES must comply with applicable FAA regulations.
(Ord. 317– Apr. 24 Supp.)
(5) Compliance with National Electric Code. Applications for non-commercial SES shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.
(6) Utility Notification. A non-commercial SES shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
H. Non-commercial towers, subject to the following standards:
(1) Tower Height. For property sizes under one acre, the tower height shall be limited to 80 feet. For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations.
(2) Setback. The base of the tower shall be set back from all property lines, public rights-of-way, and above ground public utility lines at a distance no less than 115 percent of the total height of the tower.
a. Towers shall be allowed closer to a property line if the applicant and abutting property owners grant permission, via recorded easement when required setbacks cross property lines, which restrict new development within the easements. At no time shall a tower be placed closer to a property line if existing structures on affected properties are within 100 percent of the total height of the tower.
(3) Engineer Certification. A tower shall not be erected unless the plans and specifications for the system have received the stamped approval of an Iowa registered engineer. However, a manufacturer may submit its standard plans and specifications, including its soils study and foundation plans for such a tower, for a one-time review and stamped approval by an Iowa registered engineer as suitable for construction in any soil condition that exists in the State of Iowa. If such one-time stamped approval is obtained, that manufacturer may thereafter construct such tower, utilizing the approved soils study and foundation plans, without obtaining and presenting the stamped approval of an Iowa registered engineer for each such installation.
(4) Compliance with FAA Regulations. Non-commercial towers must comply with applicable FAA regulations.
(Ord. 317– Apr. 24 Supp.)
(5) Insurance. A certificate of insurance shall be provided, showing general liability insurance coverage for the installation and operation of the tower under a standard homeowner's or standard business owner's insurance policy.
(6) Screening and Safety.
a. On-site vegetation shall be preserved to the maximum extent practical.
b. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing.
c. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot readily be climbed.
d. The color of the tower shall either be stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
(7) Signage. No signs, other than appropriate warning signs or standard manufacturer's or installer's identification signage, shall be displayed on a tower, building, or other structure associated with a tower, subject to Section 89.02 of this Code of Ordinances, as applicable.
(8) Lighting. No illumination of the tower shall be allowed unless rewired by the FAA.
I. Child care home.
J. An accessory dwelling unit conforming to the requirements specified herein:
(1) Zoning Permit Required. A zoning permit shall be submitted for any accessory dwelling unit, including when an existing single-family dwelling or accessory structure is modified to create an accessory dwelling unit therein.
(2) Wastewater and Water facilities. The accessory dwelling unit shall be provided with wastewater and water facilities. A septic permit application shall be required to be submitted to the Environmental Health Department for all accessory dwelling units, including when an existing single-family dwelling or accessory structure is modified to create an accessory dwelling unit therein, prior to issuance of the zoning permit for an accessory dwelling unit.
(3) 911 Address Required. The accessory dwelling unit shall have an established 911 address that is separate from the 911 address of the existing single-family dwelling. An application for a 911 address shall be shall be required to be submitted for all accessory dwelling units prior to issuance of the zoning permit for an accessory dwelling unit.
(4) Size and Other Design Standards.
a. The accessory dwelling unit shall not exceed 1,200 square feet in gross floor area. This does not include finished or unfinished basements.
b. The accessory dwelling unit shall have a paved or gravel access leading to the parking for the unit, unless the accessory dwelling unit shares parking with the existing single-family dwelling. A separate garage for an accessory dwelling unit shall not be larger than 600 square feet.
c. There shall not be more than one accessory dwelling unit per parcel, tract, or lot.
d. The accessory dwelling unit shall meet all applicable bulk requirements for single-family dwellings within the zoning district, including for setbacks and height.
e. The accessory dwelling shall contain at least one window on an exterior wall in every bedroom that is no smaller than 5.7 square feet.
(5) Conversion of Existing Accessory Structures.
a. Existing accessory structures conforming to the bulk requirements for single-family dwellings in Table 86-2 shall be permitted to be converted to an accessory dwelling unit.
b. Overhead doors, or garage doors, shall be removed from structures being converted to Accessory Dwelling Units and shall be replaced with a new, matching facade. This requirement only applies to the portions of a structure being converted to living space for the accessory dwelling unit.
(6) Division of land. The division of land to separate the accessory dwelling unit onto a separate parcel, lot, or tract than the existing single-family dwelling unit shall not be permitted.
(Ord. 308 – Oct. 23 Supp.)
4. Conditional Uses. See Chapter 90.
5. Bulk Requirements. The bulk requirements listed in Table 86-5 shall apply to all development within the R-1 Transitional Residential District.
Permitted Uses | Minimum Lot Area (Net) | Front Setback (Min.)
|
Side Setback (Min.) | Side Setback Corner Lot (Min.)
|
Flag Yard Setback (Min.) | Rear Setback (Min.) | Lot Width (Min.) | Maximum Structure Height |
Permitted Uses | Minimum Lot Area (Net) | Front Setback (Min.)
|
Side Setback (Min.) | Side Setback Corner Lot (Min.)
|
Flag Yard Setback (Min.) | Rear Setback (Min.) | Lot Width (Min.) | Maximum Structure Height |
Single-Family Dwelling | ||||||||
Private Systems | 25,000 square feet | 40 feet | 10 feet | 25 feet | 20 feet | 35 feet | 90 feet | 40 feet |
Common Systems | 10,000 square feet | 30 feet | 10 feet | 25 feet | 20 feet | 35 feet | 80 feet | 40 feet |
Other Permitted Uses | ||||||||
Private Systems | No minimum | 40 feet | 35 feet | 25 feet | 35 feet | 35 feet | 90 feet | 40 feet |
Common Systems | No minimum | 30 feet | 35 feet | 25 feet | 35 feet | 35 feet | 80 feet | 40 feet |
Accessory Structures | No minimum | Same as required front | Same as required side | 25 feet | Same as required flag | 2 feet* | No minimum | 25 feet |
* 5 feet from alley lines | ||||||||
(Ord. 317– Apr. 24 Supp.)
6. General Site Planning Standards. General site planning standards in accordance with Chapter 88, General Site Planning Standards, shall be met.
7. Permit Requirements. Permit requirements shall be in accordance with Section 92.11, Required Permits.
8. Required Conditions. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, obnoxious, or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, and vibrations, refuse matter or water-carried waste. All facilities required for the discharge, collection and treatment of liquid, solid or gaseous wastes shall be designed, constructed, and operated in accordance with all statutes and regulations of the State of Iowa and Story County. Conditions addressing such impacts shall be determined at the time of review of the required permit and as administered by the Planning and Development Department, noted on the face of the permit. Such permit shall be filed in the office of the Story County Planning and Development Department.