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CHAPTER 165 of the CODE of ORDINANCES UNIFIED DEVELOPMENT CODE CHAPTER 165 of the CODE OF ORDINANCES of the CITY OF HIAWATHA, IOWA Iowa Codification, Inc. P. O. Box 141 610 Buddy Holly Place Clear Lake, Iowa 50428 CHAPTER 165 UNIFIED DEVELOPMENT CODE 165.01 Title and Authority 165.54 Easements 165.02 Adoption and Repeals 165.55 Maintenance Bond Required 165.03 Purpose and Intent 165.56 Alternative Systems for Sewer and Water 165.04 Applicability 165.57 Standards Prescribed 165.05 Relationship to Other Requirements 165.58 Construction Standards for Improvements 165.06 Severability 165.59 – 165.64 Reserved 165.07 Effective Date 165.65 Site Plan Requirements 165.08 Location of Certified Copy and Zoning District Map 165.66 Planned Unit Development (PUD) Overlay 165.09 Construction and Interpretation District Requirements 165.10 Zoning Regulations 165.67 Subdivision Requirements 165.11 Purpose and Intent 165.68 – 165.69 Reserved 165.12 Applicability 165.70 Nonconforming Buildings, Structures and Uses 165.13 Interpretation of Regulations 165.71 – 165.74 Reserved 165.14 Establishment of Zoning Districts 165.75 Administration and Enforcement 165.15 Land Use Regulations 165.76 Inspection and Enforcement 165.16 Land Uses and Regulations by District 165.77 Certificates of Occupancy 165.17 Zoning Districts and Zoning District Map 165.78 Appeals of Decisions 165.18 – 165.19 Reserved 165.79 Reserved 165.20 Reserved 165.80 Board of Adjustment 165.21 General Supplemental Regulations 165.81 Jurisdiction 165.22 Supplemental Lot Regulations 165.82 Variances 165.23 Supplemental Yard Regulations 165.83 Conditional Uses 165.24 Adult Entertainment Establishment Regulations 165.84 Conditional Expansions 165.24A Pawnbrokers and Delayed Deposit Services 165.85 Special Use Permit; Group Child Day Care Home 165.25 Residential Child Day Care Facilities 165.86 Limitation on Successive Applications 165.26 Home Occupations 165.87 – 165.89 Reserved 165.27 Communication Towers 165.90 Initiation of Amendments to the Zoning District 165.28 Reserved Map 165.29 Performance Standards 165.91 Contents of Application for Amendment to the 165.30 Parking and Loading Regulations Zoning District Map 165.31 Scope and Application 165.92 Policies Relating to the Reclassification of Property 165.32 Off-Street Parking General Requirements 165.93 Reserved 165.33 Shared Off-Street Parking Provisions 165.94 Limitation on Successive Applications 165.34 Design and Maintenance of Off-Street Parking 165.95 Violation and Penalty Areas 165.96 Definitions 165.35 Off-Street Parking Spaces Appendix A – Planting Guidelines and Suggested 165.36 Off-Street Loading Tree Planting List 165.37 – 165.46 Reserved Appendix B – Building Layout in District CPR-1 165.47 Landscaping and Shading Regulations Figure I – Land Use Matrix 165.48 – 165.49 Reserved Figure II – Services Matrix 165.50 Procedures for Subdivision Figure III – Application of Rezoning Policies 165.51 Subdivision Regulations Figure IV – Development Constraints 165.52 Application 165.53 Minimum Improvements 165.01 TITLE AND AUTHORITY. This chapter shall be known as the “City of Hiawatha Unified Development Code,” and has been referred to as the “Development Code” or “Code” when a shortened title is necessary. This chapter is adopted by authority of, and for the purposes set forth in the Code of Iowa and shall be codified as Chapter 165 of the Municipal Code, City of Hiawatha, Iowa. 165.02 ADOPTION AND REPEALS. 1. Amending Ordinance. This is an Ordinance amending respectively the Hiawatha Zoning Ordinance and the Hiawatha Subdivision Regulations, which became effective August 1, 1983, and was subsequently codified as Chapters 165 and 166 of CODE OF ORDINANCES, HIAWATHA, IOWA - Unified Development Code, Page 1 - CHAPTER 165 UNIFIED DEVELOPMENT CODE the Municipal Code of Hiawatha, Iowa, by repealing said Ordinances and all subsequent amendments thereto, except as hereafter provided in Sections 165.90 and 165.91 of this Code, and enacting a new Ordinance in lieu thereof to establish a Unified Development Code for Hiawatha, Iowa, and providing for the administration, enforcement and amendment thereof; and to repeal all ordinances or resolutions in conflict therewith. 2. Land Use Related Ordinances Previously Adopted. All ordinances theretofore passed by the City Council, rezoning specific parcels of property whereby conditions or site development plans were enacted, or, other requirements made of the property owners in connection with the rezoning of said property, are herewith specifically preserved and exempted from all repealed provisions of this Ordinance. All such conditions, site development plans, or other requirements are continued in full force and effect as set forth in such ordinances, and are herewith ratified, confirmed, and re- enacted the same as set forth in such ordinances. 165.03 PURPOSE AND INTENT. The purpose of this Code is to protect, promote, and enhance the public health and safety; to provide for planned and orderly development in the City of Hiawatha in a manner consistent with constitutional rights of property owners; and to balance the needs of a changing population with legitimate environmental concerns. It is the intent of this Code to establish a balance between the legitimate rights of property owners and the achievement of community goals important to the protection of public welfare. More specifically, this Code is adopted to achieve the following objectives: 1. Relate proposals for development to the goals, policies and provisions in the Hiawatha Comprehensive Plan and to use the plan as a guideline in evaluating development proposals. 2. Provide a comprehensive regulatory system for the development and use of land in the City of Hiawatha. 3. Secure equitable handling of all development proposals through uniform application of procedures and development standards. 4. Coordinate the development of land with the City’s and other agencies’ ability to provide essential services. 5. Promote the development of a safe, efficient circulation system. 6. Encourage the economic health of the City of Hiawatha. 7. Preserve and enhance the natural environment in and around Hiawatha through sound development practices. 165.04 APPLICABILITY. 1. Territorial Application. This Code shall apply to all structures, land, and uses within the corporate limits of Hiawatha, Iowa, and to the land within two miles of which the City of Hiawatha has extra territorial jurisdiction as set forth in the Code of Iowa. 2. General Prohibition. No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided, or maintained in any manner except in accordance with the provisions of this Code. 3. Covenants. Persons owning property in the City of Hiawatha may have a covenant recorded against their property which affects how the land may be used or developed. It is hereby noted, such covenants constitute a private party agreement CODE OF ORDINANCES, HIAWATHA, IOWA - Unified Development Code, Page 2 - CHAPTER 165 UNIFIED DEVELOPMENT CODE between the property owner imposing the covenant and subsequent owners. The City does not have the power or obligation to enforce such covenants. If the City is a party to a recorded covenant, then the City has the authority to enforce its provisions. 4. Private Agreements. This Code is not intended to abrogate, annul or otherwise interfere with any easement, covenant, or other private agreement or legal relationship. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this Code shall govern. 165.05 RELATIONSHIP TO OTHER REQUIREMENTS. 1. Relationship to Other Laws. Nothing in this Code shall be construed as exempting any person from other requirements of the City of Hiawatha or State and Federal laws and regulations. To the extent the requirements of this Code differ from other applicable City, State or Federal requirements, the more restrictive requirements shall apply. 2. Minimum Requirements. In their interpretation and application the provisions of this Code shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity, and general welfare. 3. Application of Regulations. Where the conditions imposed by any provision of this Code upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Code or of any other law, code, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. 165.06 SEVERABILITY. It is the intention of the City Council that each section, paragraph, sentence, clause and provision of this chapter is separable and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this chapter, nor any part thereof other than that affected by such decision. 165.07 EFFECTIVE DATE. This Code shall be in full force and effect from and after its passage, approval, and publication as provided by law. 165.08 LOCATION OF CERTIFIED COPY AND ZONING DISTRICT MAP. 1. Certified Copy of Code. Upon approval of this Code, a certified copy including all official maps referred to in these regulations shall be recorded and kept on file in the office of the City Clerk. 2. Zoning District Map. The “Zoning District Map” shall not be set out in the Municipal Code and shall remain on file in the office of the City Clerk after adoption and publication and shall constitute a part of this Chapter 165 of the Municipal Code the same as if set out therein. 165.09 CONSTRUCTION AND INTERPRETATION. 1. General. Nothing herein shall be construed as creating any rights or protection for any third party. The requirements of this Code are intended to protect and benefit the City of Hiawatha only, and not any third party beneficiary.
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