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HomeMy WebLinkAboutPZ Agenda Packet 12.17.2025PLANNING AND ZONING COMMISSION Wednesday, December 17, 2025 Formal Meeting – 6:00 PM Emma Harvat Hall Iowa City City Hall 410 E. Washington Street Agenda: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda Zoning Code Text Amendment Items 4. Case No. REZ25-0015 Consideration of amendments to Title 14, Zoning to ensure compliance with changes in state law related to home occupations, consumer fireworks sales, exterior building materials, variances, and accessory dwelling units. 5. Planning and Zoning Information 6. Adjournment If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or arussett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: January 7 / January 21 / February 4 Informal: Scheduled as needed. Agenda Item 4: REZ25-0015 Date: December 17, 2025 To: Planning & Zoning Commission From: Lisa Schroer, Associate Planner, Neighborhood & Development Services Re: Zoning Code Amendment (REZ25-0015) Introduction The Iowa City Zoning Code (Title 14) is periodically updated as circumstances evolve throughout the City. The proposed ordinance (Attachment 1) includes amendments required by state legislation that preempt certain areas of local zoning authority. These updates align the City’s zoning regulations with state law and clarify related standards within Title 14. Background Changes in Iowa state code preempt several areas of local zoning regulation. In response, the City is required to update its Zoning Code to ensure compliance. State preemptions define areas where the City must follow state standards, while still allowing for local regulation where permitted. The proposed amendments address these legislative changes and clarify how Title 14 aligns with current state law. The following five state preemptions are addressed in this memo: Table 1: State Preemptions Summary State Preemption Description Home Occupations – HF 2431 State legislation limits the City’s ability to impose certain restrictions on home occupations and requires that home-based businesses be allowed within residential zones under certain conditions. Consumer Fireworks Sales – SF 2285 State legislation prohibits the City from regulating or restricting the locations of consumer fireworks sales within commercial and industrial zones. Exterior Building Materials – HF 2388 State legislation prohibits the City from regulating styles and materials used for the exterior of residential buildings with 12 units or fewer. Variances – HF 652 State legislation expands the power of boards of adjustment to grant area and dimensional variances. Accessory Dwelling Units (ADUs) – SF 592 State legislation requires cities and counties to allow at least one ADU on the same lot as a single family residence as defined by state code. The proposed code amendments ensure that Title 14 complies with state law, and provides clear, enforceable standards for staff, applicants, and the public. December 17, 2025 Page 2 Proposed Amendments A more detailed summary of the recent changes to state law and the associated Zoning Code amendments are detailed below. 1) Align Standards for Home Occupations with State Law (14-4C-2 and 14-8B-6) Summary of Law: In 2022, the State of Iowa adopted House File 2431, which limits the ability of cities to regulate home-based businesses, commonly referred to as home occupations. The legislation requires cities to allow home occupations in residential zones and prohibits cities from requiring a permit for no-impact home occupations. Cities may continue to impose regulations on home occupations that are necessary to protect public health and safety, welfare, or transportation impacts on the surrounding neighborhood. As a result, the City must revise its current home occupation standards to comply with state law while retaining reasonable provisions to manage potential neighborhood impacts. The proposed amendments represent a “least change” approach that ensures compliance with State law while preserving local oversight of issues that may affect neighborhood residents. The revisions clarify the City’s permitting requirements, reduce regulatory burden on residents, and maintain a reasonable balance between business flexibility and the protection of residential areas surrounding home occupations. Summary of Changes: The following list highlights the high-level code changes that will align the City’s home occupation regulations with the standards outlined in HF 2431. Table 2 below provides a more detailed look at specific changes. The proposed code amendments: • Reorganize home occupations into three categories (Types A, B, and C), with permitting required only for Type C home occupations where uses generate on- street parking. • Expand where home occupations may occur on a property, allowing them in the side or rear yard in addition to within the dwelling or accessory structures. • Update the list of prohibited home occupation uses by adding new restrictions related to hazardous materials, emissions, and right-of-way impacts, while removing some previously prohibited commercial uses. • Increase the maximum allowable size of a home occupation to 50% of the principal dwelling’s floor area, regardless of whether the use is located within the dwelling, an accessory building, or the yard. Table 2 Home Occupations Summary Existing Code (14-4B-1) Proposed Change One nonresident employee may be approved for a home occupation use. However, nonresident employees are not permitted for the types of medical offices allowed as home occupations. The amendment removes this section from the code. Existing Code (14-4C-2) Proposed Change December 17, 2025 Page 3 Home occupations fall within two categories: Type A or Type B: • Type A home occupations are where a resident or residents of a dwelling use the dwelling as a place of work, but no employees or customers come to the site. No permit is required for Type A home occupations. • Type B home occupations are where a nonresident employee works at the site or where customers frequent the site on a regular basis. Type B home occupations require a home occupation permit. The amendment adds a Type C home occupation: • Type C home occupations are where a nonresident employee works at the site or where customers frequent the site on a regular basis and on-street parking is generated. • Guidelines for determining if on- street parking is generated are also included. • Type C home occupations require a permit. The definition of Type B home occupations is adjusted to only include instances where on-street parking is not generated, and the permit requirement is waived. A home occupation must be located within a dwelling unit or within a building that is accessory to a dwelling unit. The amendment expands the existing code by allowing a home occupation to be located in the rear or side yard of a dwelling unit. The following uses are prohibited from home occupations: • Adult businesses • Veterinary clinics and kennels • Commercial recreational uses • Commercial parking • Eating and Drinking establishments • Medical/dental offices except psychiatrists, psychologists, chiropractors, and physical therapists • Any type of repair or assembly of vehicles • Self-service storage • Industrial service • Any use which changes the fire safety rating of the occupancy separation classification requirements of the structure The amendment adds the following prohibited uses: • Use or storage of hazardous materials • Activities that result in objectionable emissions not typical for a residential development • Activities that create traffic hazards or nuisances in the right-of-way The amendment removes the following prohibited uses: • Commercial recreational uses • Eating establishments Commercial Activity: • No commodities may be sold on the premises except for those produced on the premises or those associated with the home occupation conducted on the premises. The amendment removes this commercial activity clause. Commercial Activity: • Type B home occupations are limited to 10 clients or customers per day. The amendment includes Type B and Type C home occupations in the 10 customer per day rule and adds language stating that additional customers are considered a substantial increase in traffic for a residential area. December 17, 2025 Page 4 Off-Site Impacts: • There must be no indication from the exterior of the dwelling unit or accessory building that there is a home occupation use on the premises • No visitors before 7am or after 10pm. The amendment adds the following additional off-site impact rule: • If a portion of the home occupation is in the front yard, the activities must be screened from view. Size • For a home occupation located within a principal dwelling unit, the floor area devoted to the home occupation may not exceed 25% of the total floor area. • This limit applies to home occupations in the principal dwelling unit or in an accessory building. The amendment increases the home occupation size to 50% of the floor area of the principal dwelling and applies this standard to home occupations located in the principal dwelling unit, in an accessory building, or in the yard. Nonresident employees are prohibited unless approved as a minor modification. The amendment removes this clause from the Home Occupations section. Existing Code (14-8B-6) Proposed Change A permit is required for Type B home occupations. The amendment changes the permit requirement from Type B to Type C home occupations. 2) Align Standards for Regulating the Sale of Consumer Fireworks with State Law (14- 2C1, 14-4B-4, 14-4D-2) Summary of Law: In 2022, the State of Iowa adopted House File 2285, which restricts the ability of cities and counties to regulate or prohibit the sale of consumer fireworks within commercial and industrial zones. The legislation preempts local authority to limit the locations of consumer fireworks sales in these zones. While the City retains authority to regulate the time of year and place of fireworks use, zoning restrictions on their retail sale in commercial zones are no longer enforceable. To align with this requirement, the City must amend Title 14 to permit consumer fireworks sales in both commercial and industrial zoning districts and to remove any conflicting local provisions. The proposed amendments update the “Principal Uses Allowed in Commercial Zones” table and related code sections to reflect this allowance. Summary of Changes: The following list highlights the major code changes intended to bring the City’s consumer fireworks regulations into compliance with HF 2285. Table 3 below provides a more detailed look at specific changes. The proposed code amendments: • Expand the zones in which consumer fireworks sales are permitted by allowing the use in both commercial and industrial districts, rather than limiting it to industrial zones. • Allow temporary sales of consumer fireworks in commercial zones, consistent with existing allowances in industrial zones. • Ensure all fireworks-related uses remain subject to applicable State licensing, operational requirements, and restricted seasonal dates of sale under Iowa Administrative Code chapter 265. December 17, 2025 Page 5 Table 3 Consumer Fireworks Code Amendments Existing Code (14-2C-1) Proposed Change “Consumer fireworks sales” are not an allowed use in Commercial Zones. The amendment allows “Consumer fireworks sales” as a provisional use in all Commercial Zones. Existing Code (14-4B-4) Proposed Change The provisional use standards note that consumer fireworks sales in I1 and I2 zones are permitted subject to the restrictions and dates of sale set forth in 661 Iowa Administrative Code chapter 265 Consumer Fireworks.1 The amendment updates the provisional use standards to specify that consumer fireworks sales are allowed in both industrial and commercial zones. Existing Code (14-4D-2) Proposed Change Outdoor exhibition and sales of consumer fireworks are temporarily allowed in industrial zones. The amendment permits temporary outdoor exhibition and sales of consumer fireworks in industrial and commercial zones. 3) Align Standards for Exterior Design Materials for Residential Buildings with State Law (14-2A-6, 14-2B-6, 14-2H-7 and 14-2G-4) Summary of Law: In 2024, the State of Iowa adopted House File 2388, which limits the ability of cities to regulate exterior design standards for smaller residential developments. The legislation prohibits cities and counties from requiring specific exterior building materials, colors, or architectural styles for residential structures containing twelve or fewer dwelling units. The intent of the law is to ensure that local design requirements do not restrict housing development or increase construction costs for small-scale residential projects. The legislation allows Iowa City to continue regulating exterior materials and design elements in overlay zones, special zoning districts, or local historic and conservation districts, where standards are applied to further adopted design plans or maintain neighborhood characteristics. This includes districts such as Riverfront Crossings, Historic and Conservation District Overlays, and the Planned Development Overlay. To comply with state law while retaining local oversight where permitted, the proposed amendments clarify that the exterior material standards in Title 14 apply only to residential buildings with more than twelve units, while remaining in effect within overlay and special zoning districts. Summary of Changes: The following list provides a high-level summary of the proposed code changes to align the City’s exterior design materials regulations with House File 2388. Table 1Table below provides a more detailed look at specific text changes. The proposed code amendments: • Specify that all trim and façade requirements related to exterior materials only apply to residential buildings with more than 12 units. 1 Iowa Administrative Code 661-265.10(5) “Dates of sale” establishes statewide sales periods for consumer fireworks. Sales from permanent buildings are allowed June 1–July 8 and December 10–January 3. Sales from temporary structures are allowed June 13–July 8. December 17, 2025 Page 6 • Limit the applicability of existing exterior material requirements in the Central Planning District and PRM zone so they apply only to residential buildings with more than 12 units, consistent with state restrictions. • Retain the ability to regulate exterior materials in overlay districts and special zoning districts, such as Riverfront Crossings, where state law permits continued local design standards. Table 4 Exterior Design Materials for Residential Buildings Code Amendments Existing Code (14-2B-6) Proposed Change In the central planning district, the exterior wall material of a building must consist of clapboard style siding, wall shingles, brick stone, or stucco. The amendment clarifies that this requirement only applies to residential buildings with more than 12 units. In the PRM zone, the exterior walls of the ground level floor of a building must be constructed of masonry finish. The amendment clarifies that this requirement only applies to residential buildings with more than 12 units. In the central planning district and PRM zone, buildings not constructed of masonry or stucco must have the following trim elements, incorporated into the exterior design and construction of the building: • Window and door trim that is not less than three inches wide • Corner boards that are not less than three inches wide, unless wood clapboards are used and mitered at the corners • Frieze boards, not less than five inches wide, located below the eaves. The amendment clarifies that this requirement only applies to residential buildings with more than 12 units. Exposed, unpainted, or unstained lumber may not be used along any façade that faces a street side lot line. The amendment clarifies that this requirement only applies to residential buildings with more than 12 units. 4) Align Standards for Variances with State Law (14-4B-2, 14-9A-1) Summary of Law: In 2025, the State of Iowa adopted House File 652, which clarifies and expands the authority of local boards of adjustment to grant variances from zoning standards. The legislation establishes distinct definitions and approval standards for use variances and area variances. Under the new law, a board of adjustment may grant an area variance when a property owner demonstrates that strict application of the zoning code would result in practical difficulties. Area variance relates to area, dimensional, or other numerical provisions listed in Title 14. This replaces the more restrictive “undue hardship” standard previously applied to all variances. The law maintains existing regulations on use variances, which continue to require a showing of undue hardship and may only be granted where expressly authorized by local ordinance. To comply with these provisions, the City must update Title 14 to differentiate between use and area variances, add the “practical difficulties” standard to the approval criteria for area variances, and revise related definitions for consistency with state law. December 17, 2025 Page 7 Summary of Changes: The following list highlights the major code changes proposed to bring the City’s variance regulations in compliance with HF 652. Table 5 outlines specific changes to the Zoning Code. The proposed code amendments: • Expand the basis for granting variances to include both “undue hardship” (for use variances) and “practical difficulties” (for area variances). • Establish a new approval framework for area variances, including findings related to public interest, unique conditions, and neighborhood character. • Remove the prohibition on granting variances that would allow uses not permitted in the underlying zoning district, as required by state law. • Add separate definitions for use variances (based on undue hardship) and area variances (based on practical difficulties) to align with State terminology and decision-making standards. Table 5 Variance Code Amendments Existing Code (14-4B-2) Proposed Change Outlines specific approval criteria for variances Clarifies that the existing approval criteria applies to “use variances” Adds the following set of approval criteria for “area variances” in lieu of the existing approval criteria: • The proposed variance will not be contrary to the public interest • Where owing to special conditions a literal enforcement of the code would result in practical difficulties • The practical difficulties faced are unique to the property and not self- created • The spirit of the zoning code provision shall be observed • Granting the variance will not significantly alter the essential character of the neighborhood The definitions table includes definitions for unnecessary hardship and reasonable return The amendments add definitions of area and use variances: • Area Variance: A means of granting a property owner relief from certain provisions of this title relating to area, dimensional or other numerical limitations where, owing to special conditions, a literal enforcement of the title will result in practical difficulties, and so that the spirit of this title shall be observed and substantial justice done. Area, dimensional, or other numerical limitations include but are not limited to requirements for minimum lot size, setbacks, yard widths, height, December 17, 2025 Page 8 bulk, sidewalks, fencing, signage, and off-street parking. • Use Variance: A means of granting a property owner relief from certain provisions of this title where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. The authority to grant "variances" is vested in the board of adjustment pursuant to the code of Iowa, as amended. Includes a provision that prohibits use variances. The amendment removes this clause from the code. Existing Code (14-9A-1) Proposed Change The definitions chapter includes one definition of a variance. The amendment removes this definition to avoid redundancy, as variances are defined in 14-4B-2. 5) Align Standards for Accessory Dwelling Units (ADUs) with State Law (14-4C-2, 14- 9A-1) Summary of Law: In 2025, the State of Iowa adopted Senate File 592, which preempts local zoning authority by requiring cities and counties to allow at least one ADU on the same lot as a single family residence as defined by state code. The legislation prohibits cities from imposing certain local restrictions that act as a barrier to the construction of an ADU, such as owner- occupancy mandates, parking requirements, size limitations, and design standards. The law also requires that ADUs be regulated as residential uses consistent with single family dwellings. Additionally, SF 592 notes that ADUs may not be regulated under local accessory-use standards if those standards are more restrictive than the standards that apply to single-family dwellings. As a result, the proposed amendments clarify that ADUs are not subject to accessory-use provisions unless those provisions are more permissive than the regulations applicable to the principal dwelling. In 2023, the City adopted a set of zoning amendments aimed at increasing housing affordability and expanding the range of housing options available in Iowa City. As part of that effort, the City streamlined the process for developing ADUs by removing minimum parking requirements, allowing ADUs to be developed with attached single family homes and duplexes, and adjusting size standards to increase flexibility. The amendments proposed in response to SF 592 build upon this earlier work by further reducing barriers to ADU construction and ensuring local regulations align with state law. SF 592 also states that ADUs must be approved without discretionary review. This affects how ADUs may be reviewed within the City’s historic and conservation district overlays. Under the new law, ADUs may not be subject to a discretionary review process, such as review and approval by the Historic Preservation Commission. As a result, ADUs in local historic and conservation districts will go through an administrative historic review process December 17, 2025 Page 9 but will not go to the Historic Preservation Commission. This ensures that the City complies with the “without discretionary review” provision of SF 592. The proposed amendments implement these changes by removing local restrictions inconsistent with State law, clarifying how ADUs are regulated, and maintaining Iowa City’s inclusive approach to ADU eligibility across multiple housing types. Summary of Changes: The following list summarizes the major amendments proposed to align the City’s ADU regulations with SF 592 and to continue the City’s efforts to reduce barriers to ADU construction. These high-level points provide an overview of the changes, with Table 6 below offering a detailed, section-by-section comparison of existing and proposed code language. The proposed code amendments: • Allow ADUs on the same lot as a single family residence as defined by state code regardless of the underlying zoning district. • Clarify that per state law, a single family residence may include duplexes and townhomes. • Remove the owner-occupancy requirement for properties containing an ADU. • Ensure that one ADU is permitted per lot by eliminating minimum lot size and area- per-unit requirements. • Remove design requirements that mandated attached ADU appearance must visually match the principal dwelling. • Clarify the relationship between ADUs and accessory-use standards, noting that ADUs cannot be held to more restrictive accessory-use regulations than single- family dwellings. Table 6 ADU Code Amendments Existing Code (14-4C-2) Proposed Change An ADU shall be located in a zone that allows household living uses. The amendments specify that an ADU is allowed on the same lot as a single family residence as defined by state code. The owner of the property on which an ADU is located must occupy at least one of the dwelling units on the premises as the permanent resident. The amendments remove the owner occupancy requirement for ADUs. Under design requirements, the attached ADU appearance must visually match the principal dwelling. The amendments strike this design requirement. The floor area of the ADU may not exceed 50% of the total floor area of the principal use, excluding the area of the attached garage, or 1,000 square feet whichever is less. The amendments adjust the size requirement for an ADU to not exceed 1,000 square feet or 50% of the single family residence floor area, whichever is larger. Existing Code (14-9A-1) Proposed Change An ADU is defined as an accessory dwelling that is located within an owner occupied, single-family or duplex use and meets the requirements of Title 14. The amendments change this definition to “an additional residential dwelling unit located on the same lot as single family residence that is either attached to or detached from the residence and meets the requirements of this title and Iowa Code section 346.3.” December 17, 2025 Page 10 Single Family Residence is not defined in this section. The amendments add a definition for Single Family Residence clarifying that it may share walls with another dwelling (e.g. duplexes and townhomes). Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council must hold a public hearing to consider the proposed text amendments. Staff Recommendation Staff recommends that the Zoning Code be amended as illustrated in Attachment 1 to align Title 14 with state law. Attachments 1. Proposed Zoning Code Text Amendments Approved by: _____________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services Attachment 1 Page 1 Draft Zoning Code Text Underlined text is suggested new language. Strike-through notation indicates language to be deleted. Amend 14-2B-6 as follows: G. Building Materials: 1. In the central planning district, the exterior wall material of a building with more than 12 units must consist of clapboard style siding, wall shingles, brick, stone, or stucco. 2. In the PRM zone, the exterior walls of the ground level floor of a building with more than 12 units must be constructed with a masonry finish, such as fired brick, stone, or similar material, not including concrete blocks and undressed poured concrete. Masonry may include stucco or like material when used in combination with other masonry finish. 3. In the central planning district and in the PRM zone, buildings with more than 12 units, not constructed of masonry or stucco must have the following trim elements incorporated into the exterior design and construction of the building: a. Window and door trim that is not less than three inches (3") wide. b. Corner boards that are not less than three inches (3") wide, unless wood clapboards are used and mitered at the corners. c. Frieze boards, not less than five inches (5") wide, located below the eaves. 4. Any portion of a building that is clearly visible from the street must be constructed using similar materials and design as the front façade. 5. Exposed, unpainted, or unstained lumber may not be used along any façade of a building with more than 12 units that faces a street side lot line. 6. Where an exterior wall material changes along the horizontal plane of a building, the change must occur on an inside corner of the building. 7. Where an exterior wall material changes along the vertical plane of the building, the materials must be separated by a horizontal band, such as a belt course, soldier course, band board or other trim to provide a transition from one material to the other. Amend 14-2C-1 as follows: Use Categories Subgroups CO-1 CN-1 CH-1 CI-1 CC-2 CB-2 CB-5 CB-10 MU Residential uses: Group living uses Assisted group living PR PR PR PR PR PR PR Fraternal group living Independent group living Household living uses Attached single-family dwellings PR Detached single-family dwellings P Detached zero lot line dwellings PR Duplexes PR Group households PR PR PR PR PR PR PR Multi-family dwellings PR/S PR/S PR/S PR/S PR/S PR/S P Commercial uses: Adult business uses PR Attachment 1 Page 2 Animal related commercial uses General S PR PR PR PR PR PR Intensive PR Building trade uses P PR Commercial parking uses PR PR PR Commercial recreational uses1 Indoor PR/S PR P P P P P P Outdoor P P S Drinking establishments1 PR/S PR PR PR PR PR PR Eating establishments1 S PR/S P P P P P P S Office uses General office P PR P P P P P P P Medical/dental office P PR P P P P P P P Quick vehicle servicing uses1 S PR PR/S PR/S PR/S PR/S Retail uses1 Alcohol sales oriented retail PR PR P P PR PR PR PR Delayed deposit service uses PR Hospitality oriented retail PR PR P P P P P P PR Outdoor storage and display oriented P PR Personal service oriented P PR P P P P P PR Repair oriented P P P P P Sales oriented PR PR P P P P P PR Surface passenger service uses P P P P P Vehicle repair uses PR PR S PR Industrial uses: Industrial service uses P Manufacturing and production uses General manufacturing See note 2 PR PR PR PR PR Heavy manufacturing S Technical/light manufacturing PR PR PR PR PR Salvage operations Self-service storage uses P S Warehouse and freight movement uses P Waste related uses Wholesale sales uses P PR PR PR Institutional and civic uses: Basic utility uses PR/S PR/S PR/S PR/S PR/S PR/S PR/S PR/S Community service uses Community service - shelter S S S PR PR S S General community service P S S P P P P S Daycare uses PR PR PR PR PR PR PR PR PR Attachment 1 Page 3 Detention facilities S Educational facilities General PR S P P P PR Specialized P PR S P P P P PR Hospitals PR Parks and open space uses PR PR PR PR PR PR PR Religious/private group assembly uses1 PR P P P P P PR Utility-scale ground-mounted solar energy systems S S S S S S S S Other uses: Communication transmission facility uses PR/S PR/S PR/S PR/S PR/S PR/S PR/S PR/S PR Consumer fireworks sales PR PR PR PR PR PR PR PR PR Amend 14-4B-1 as follows: 12. One nonresident employee may be approved for a home occupation use. However, nonresident employees are not permitted under any circumstances for the types of medical offices allowed as home occupations. Amend 14-4B-2 as follows: The Board of Adjustment is empowered to grant variances from the provisions of this title that will not be contrary to the public interest. when, owing to unique circumstances or conditions, a literal interpretation of this title would deprive the applicant of rights commonly enjoyed by other properties in the zoning district under the terms of this title and would impose unnecessary and undue hardship on the applicant. To ensure that the spirit of this title is observed and substantial justice done, no variance to the strict application of any provision of this title shall be granted by the Board unless the applicant demonstrates that all of the following approval criteria for the respective variance are met. The procedures for obtaining a variance are set forth in chapter 8, article C, “Board Of Adjustment Approval Procedures”, of this title. A. Use Variance Approval Criteria: 1. The proposed variance will not be contrary to the public interest; and 2. Where owing to special conditions, a literal enforcement of the provisions of the zoning code provision will result in unnecessary hardship; and 3. The spirit of the zoning code provision shall be observed, and substantial justice done. B. Area Variance Approval Criteria: 1. The proposed variance will not be contrary to the public interest; and 2. Where owing to special conditions, a literal enforcement of the provisions of the zoning code provision will result in practical difficulties to the property owner in making a beneficial use of the property allowed by Title 14; and 3. The practical difficulties faced are unique to the property at issue and not self- created; and Attachment 1 Page 4 4. The spirit of the zoning code provision shall be observed, and substantial justice done; and 5. Granting the variance will not significantly alter the essential character of the neighborhood. BC. Definitions: REASONABLE RETURN: Lack of a reasonable return may be shown by proof that the owner has been deprived of all beneficial use of the land. All beneficial use is said to have been lost where the land is not suitable for anything permitted by the zoning code. A zoning code provision deprives an owner of a reasonable return if all productive use of the land is denied. Such deprivation is shown where the land in issue has so changed that the purpose for which it was originally zoned are no longer feasible. It is not sufficient to show that the value of the land has been depreciated by the zoning code provision, or that a variance would permit the owner to maintain a more profitable use. UNNECESSARY HARDSHIP: The applicant establishes an unnecessary hardship by demonstrating all of the following elements are met: a. The land in question cannot yield a reasonable return if used only as allowed in that zone. b. The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood. c. The proposed variance will not alter the essential character of the locality. VARIANCE, AREA A means of granting a property owner relief from certain provisions of this title relating to area, dimensional or other numerical limitations where, owing to special conditions, a literal enforcement of the title will result in practical difficulties, and so that the spirit of this title shall be observed and substantial justice done. Area, dimensional, or other numerical limitations include but are not limited to requirements for minimum lot size, setbacks, yard widths, height, bulk, sidewalks, fencing, signage, and off-street parking. The authority to grant "variances" is vested in the board of adjustment pursuant to the code of Iowa, as amended. Attachment 1 Page 5 VARIANCE, USE A means of granting a property owner relief from certain provisions of this title where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. The authority to grant "variances" is vested in the board of adjustment pursuant to the code of Iowa, as amended. C. Use Variance Prohibited: Under no circumstance may the Board grant a variance that would allow a land use, other than those specifically allowed in the zoning district in which the subject property is located. D. Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence. E. Precedents: The granting of a variance is not grounds for granting other variances for the same or differing properties. (Ord. 10-4414, 11-16-2010; amd. Ord. 22-4882, 6-21- 2022) Amend 14-4B-4 as follows: E. Other Uses: Consumer Fireworks Sales in The I-1 And I-2 Commercial and Industrial Zones: In the I-1 and I-2 Commercial and Industrial Zones, consumer fireworks sales, as defined in this title, are permitted, subject to the restrictions and dates of sale set forth in title 661 Iowa Administrative Code chapter 265, Consumer Fireworks Sales Licensing and Safety Standards. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4220, 7-18-2006; Ord. 06-4245, 12- 12-2006; Ord. 09-4341, 6-2-2009; Ord. 09-4358, 10-20-2009; Ord. 09-4363, 12-1-2009; Ord. 09-4364, 12-1-2009; Ord. 11-4443, 9-6-2011; Ord. 11-4448, 10-18-2011; Ord. 11- 4450, 10-18-2011; Ord. 11-4452, 10-18-2011; Ord. 12-4482, 5-15-2012; Ord. 13-4520, 4- 9-2013; Ord. 13-4522, 4-23-2013; Ord. 13-4526, 5-14-2013; Ord. 13-4543, 8-20-2013; Ord. 13-4544, 8-20-2013; Ord. 13-4550, 9-17-2013; Ord. 13-4551, 9-17-2013; Ord. 14- 4586, 6-3-2014; Ord. 16-4655, 2-2-2016; Ord. 16-4667, 7-5-2016; Ord. 16-4675, 9-20- 2016; Ord. 17-4732, 11-21-2017; Ord. 19-4779, 2-19-2019; Ord. 19-4800, 8-6-2019; Ord. 20-4817, 1-7-2020; Ord. 20-4820, 3-3-2020; Ord. 20-4833, 11-17-2020; Ord. 21-4864, 9- 21-2021; Ord. 22-4880, 6-6-2022; Ord. 22-4882, 6-21-2022; Ord. 23-4914, 11-6-2023 Amend 14-4C-2 as follows: A. Accessory Dwelling Units (ADUs): ADUs are permitted provided the following conditions are met: 1. Applicability: a. The ADU shall be located in a zone that allows household living uses and shall be accessory to a principal use that consists of no more than two (2) dwelling units on a lot. The ADU is allowed on the same lot as a single family residence as defined by Iowa Code section 526A.6 in accordance with this section. b. An ADU is not subject to Section 14-4C-3 of this article, except where those standards are more permissive than the provisions of Section 14-2A-4 of this title. Attachment 1 Page 6 2. Ownership: a. The owner of the property on which an ADU is located must occupy at least one of the dwelling units on the premises as the permanent legal resident. b. The ADU and the principal use must be under the same ownership. 3. Site Requirements: a. Only one ADU may be established per lot. b. The minimum lot size and area per unit requirements of the underlying base zone must be met, but no additional lot area is required beyond that which is required for the principal use. 4. Design Requirements: a. The ADU must be a complete, separate dwelling unit that functions independently from the principal use. It must contain its own kitchen and bathroom facilities, in addition to a separate entrance from the exterior. b. When located within a building with an existing principal use, the ADU must be designed so that the appearance of the building remains that of an allowed use within that zone, and any new entrances, exterior finish materials, trim, windows, and eaves must visually match the principal use. 5. Accessory Dwelling Unit Size: The floor area of the ADU may not exceed fifty percent (50%) of the total floor area of the principal use, excluding the area of an attached garage, or one thousand (1,000) square feet, whichever is less larger. M. Home Occupations: There are two (2) three (3) categories of home occupations, type A, and type B, and type C. Type A and type B home occupations are permitted, provided the use complies with the standards in subsections M3 through M9 of this section. Type B C home occupations are permitted, provided the use complies with the standards in subsections M3 M4 through M9 M10 of this section, and the operator of the use obtains a home occupation permit from the city as described in subsection M2 of this section. The standards for bed and breakfast homestays, bed and breakfast inns, and childcare homes are specified in other subsections of this section and are, therefore, not subject the provisions of this subsection. 1. Home Occupation Types: a. Type A: A "type A home occupation" is one where a resident or residents of a dwelling use the dwelling as a place of work, but no employees or customers come to the site. Examples include artists, craftsperson, writers, and consultants. Type A home occupations also provide an opportunity for a home to be used as a business address but not as a place of work. No permit is required for these uses, but they must comply with all of the other regulations stated herein. b. Type B: A "type B home occupation" is one where a nonresident employee works at the site or where customers frequent the site on a regular basis, but on-street parking is not generated. No permit is required for these uses, but they must comply with all the other regulations stated herein. Examples include counseling, tutoring, and hair cutting and styling. A home occupation permit is required for these uses. c. Type C: A "type C home occupation" is one where a nonresident employee works at the site or where customers frequent the site on a regular basis and on-street parking is generated. A home occupation permit is required for these uses. 2. Determining Generation of On-street Parking a. In determining whether on-street parking is generated, staff shall determine the parking needed for the proposed home-based business use by using the land uses and associated parking ratios specified in subsection 14-5A-4, “Minimum Parking Requirements”, of this title. Attachment 1 Page 7 b. Staff will compare the needed parking to the amount of parking on the site. c. If the site provides the parking required for the residential use and the parking needed for the proposed home-based business use than on-street parking will not be generated, hence Type B. d. If the site does not provide the parking required for the residential use and the parking needed for the proposed home-based business than on-street parking will be generated, hence Type C. e. Parking for the proposed home-based business use is not required for the site. The calculation of the minimum parking requirements is only used in determining if on- street parking is generated. 2 3. Permit Required for Type B C Home Occupations: Prior to establishment of a type B C home occupation, a home occupation permit must be obtained from the department of housing and inspection services City according to the procedures set forth in chapter 8, article B, "Administrative Approval Procedures", of this title. A home occupation permit is required in order to ensure that the applicant is aware of the provisions governing home occupations and that the city has all information necessary to evaluate whether the proposal initially meets and continues to meet the provisions of this subsection. 34. Location And Occupancy: a. The home occupation use must be located within a dwelling unit, or within a building that is accessory to a dwelling unit, or the rear or side yard of the residential property. Home occupations cannot be located in a street side yard or front yard of a property. b. The dwelling unit must be the bona fide primary residence of the owner and operator of the home occupation during nonbusiness hours. 45. Prohibited Uses: In addition to the uses that would be excluded based on the conditions specified in this subsection, the following uses are specifically prohibited as home occupations: a. Adult business uses. b. Use or storage of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, poisonous, medical waste, or other hazardous materials on the premises, unless of a type or quantity used for normal household purposes. c. Activities that are noxious, hazardous, or create noise, odor, refuse, heat, vibration, smoke, radiation, or any other objectionable emissions not typical for a residential development. d. Activities that create traffic hazards or nuisances in the public right-of-way or create a substantial increase in traffic. be. Veterinary clinics and kennels. c. Commercial recreational uses. df. Commercial parking. eg. Eating and d Drinking establishments. fh. Medical/dental offices, except for psychiatrists, psychologists, chiropractors, and physical therapists. gi. Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as automobiles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts. hj. Self-service storage. ik. Industrial service. jl. Any use which changes the fire safety rating of the occupancy separation classification requirements of the structure. 56. Commercial Activity: Attachment 1 Page 8 a. No commodities may be sold on the premises except for those produced on the premises or those associated with the home occupation conducted on the premises. ba. Type B and C home occupations are limited to ten (10) clients or customers per day. Any additional customers would be considered a substantial increase in traffic for a residential area. 67. Traffic And Parking: a. In determining whether on-street parking in generated staff shall utilize the same vehicle parking ratios as specified in section 14-5A-4. ab. The proposed use will not generate a greater volume or type of traffic than what is normally expected in the zone in which it is located; nor will it necessitate parking in excess of what is normally expected in the zone in which it is located. Vehicles used for delivery and pick up are limited to those normally servicing residential neighborhoods. bc. No more than one truck associated with the home occupation may be parked at the site. Only light trucks that are less than seven feet (7') in height are permitted. Medium and heavy trucks are prohibited. A "light truck" is a truck with a single rear axle and a single set of rear wheels. The home occupation use must comply with regulations in chapter 5, article A, "Off Street Parking And Loading Standards", of this title, regarding the parking and storage of special vehicles and commercial vehicles and the provisions of title 9, chapter 4, "Parking Regulations", of this code. 78. Off Site Impacts: Except for a permitted sign, there must be no indication from the exterior of the dwelling unit or accessory building, such as noise, odor, smoke, dust, excessive outdoor lighting, or outdoor storage of materials, that there is a home occupation use on the premises. No visitors or deliveries to the home occupation use are permitted before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M. a. Except for a permitted sign, there must be no indication from the exterior of the dwelling unit or accessory building, such as noise, odor, smoke, dust, excessive outdoor lighting, or outdoor storage of materials, that there is a home occupation use on the premises. b. If a portion of the home occupation is in the yard of the residential property, the activities must be screened from view of any abutting property zoned residential and the public right-of-way. Screening must be to S3 standards, or a fence built to S5 standards. c. No visitors or deliveries to the home occupation use are permitted before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M. 89. Size: For a home occupation located within a principal dwelling unit, the floor area devoted to the home occupation may not exceed twenty five fifty percent (25 50%) of the total floor area of the principal dwelling (the floor area of an attached garage is not included in the calculation of total floor area of the dwelling). This twenty five fifty percent (25 50%) limit applies regardless of whether the home occupation is located within the principal dwelling unit or within ,an accessory building, or within the yard. For example, for a property where the principal dwelling contains two thousand (2,000) square feet of floor area, a home occupation would be limited to five hundred (500) one thousand (1,000) square feet regardless of whether it was located within the dwelling or within ,an accessory building, or within the yard. 9. Nonresident Employees: Nonresident employees are prohibited, except as approved by the building official as a minor modification to the home occupation use, according to the approval criteria and procedures for minor modifications as set forth in chapter 4, article B of this title. 10. Signage: Home occupations are permitted one nonilluminated fascia sign, not to exceed one square foot in size. Amend 14-4D-2 as follows: Attachment 1 Page 9 The following temporary principal and accessory uses are allowed, subject to approval by the building official through the temporary use permit process described in this article and any conditions specified herein: … Outdoor display and sale of first-class and/or second-class consumer fireworks, as defined by the American Pyrotechnics Association, according to the restrictions and dates of sale set forth in title 661 Iowa Administrative Code chapter 265, Consumer Fireworks Sales Licensing and Safety Standards. Outdoor display and sales of such fireworks are only allowed in commercial and industrial zones. Amend 14-8B-6 as follows: A. Permit Required: Prior to establishment of a type B C home occupation, as defined in subsection 14-4C-2M, "Home Occupations", of this title, a home occupation permit must be obtained from the department of housing and inspection services. Amend 14-9A-1 as follows: Except when alternate definitions apply as specified in articles B through F of this chapter, the following definitions shall apply to terms used in this title. Descriptions and definitions of land use categories are set forth in chapter 4, article A, "Use Categories", of this title; although, where it is deemed necessary for clarification, more specific definitions of certain land use category subgroups and specific land uses are defined in this section. ACCESSORY DWELLING UNIT (ADU): An additional residential dwelling unit located on the same lot as a single family residence that is either attached to or detached from the single family residence and meets the requirements of this title and Iowa Code section 364.3. An accessory dwelling unit located within an owner occupied, single-family or duplex use or in an accessory building and meeting the requirements of this title. SINGLE FAMILY RESIDENCE A single family residence means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with another dwelling unit, except to the extent that a single family residence may share utility lines with the accessory dwelling unit if full utility access that includes a separate metering system for billing purposes can be provided to the accessory dwelling unit. VARIANCE: A means of granting a property owner relief from certain provisions of this title where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. The authority to grant "variances" is vested in the board of adjustment pursuant to the code of Iowa, as amended. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION DECEMBER 3, 2025 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Kaleb Beining, James Davies, Maggie Elliott, Steve Miller, Billie Townsend, Chad Wade MEMBERS ABSENT: STAFF PRESENT: Alex Bright, Anne Russett OTHERS PRESENT: Lacey Stutzman RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of SUB25-0005, an application submitted by Delbert E Weber Revocable Trust & Mary M Weber Revocable Trust for a combined preliminary and final plat of Iowa Meadows, an 18.20-acre subdivision to create two residential lots to accommodate two existing single-family homes and three outlots for future development. CALL TO ORDER: Elliott called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. ELECTION OF CHAIR: Townsend moved to have Commissioner Elliott as vice-chair serve as chair until annual February elections. Miller seconded the motion, a vote was taken and the motion passed 6-0. SUBDIVISION ITEMS: CASE NO. SUB25-0005: Location: 1257 and 1527 Slothower Rd An application for a combined preliminary and final plat for Iowa Meadows, an 18.20-acre subdivision to create two residential lots to accommodate two existing single-family homes and three outlets for future development. Russett began the staff report showing an aerial map of the location of the property stating most of the property is not developed and is being farmed. She pointed out there are two existing homes on the property. Russett next shared the zoning map of the area, the property is currently zoned Rural Residential, the area to the east is zoned RS-5, the Johnson County Historic Poor Farm area is zoned P1 and then to the west is unincorporated Johnson County. In terms of background, Russett noted this land was annexed into the City in the late 1960s or early 1970s, it’s zoned Rural Residential, and the purpose of the subdivision is to allow the sale of the land with the homes. She stated this area has never been subdivided and consists of two Planning and Zoning Commission December 3, 2025 Page 2 of 5 large parcels of land. The applicants would like to sell just the homes and the land around the homes. Russett shared the plat and the two lots proposed, each lot is about an acre in size and then there are three outlots for future development. The City is requesting some additional right of way along Slothower Road for when it gets improved, which is also shown on the plat as Slothower Road does not meet City standards. The Comprehensive Plan identifies this area as appropriate as two to eight dwelling units per acre. The Southwest District Plan shows it as single family or duplex, as well as future urban development. All the land to the west of Slothower Road is currently used for agriculture. The Southwest District Plan has this area shown as future urban development however until a sewer service is extended, a lift station is put in place and Slothower Road is constructed to meet City standards there will not be any significant development in this area. Russett noted since the proposed subdivision will not result in any additional developments staff finds the proposal consistent with the Comprehensive Plan. In terms of the subdivision design, there's three outlots and Russett stated development is not allowed on outlots so if any development were to be proposed, another subdivision would be required. Slothower Road currently provides access to both of the homes within the subject property, but it does require improvements before any additional development occurs, as well as extension of other City utilities. Since Slothower Road does not currently meet City standards, a payment of a fee contributing to the improvement of it will be required per the subdivision ordinance and that payment of the fee will be required prior to issuance of any building permit for either of these lots, either lot one or lot two. Staff recommends approval of SUB25-0005, an application submitted by Delbert E Weber Revocable Trust & Mary M Weber Revocable Trust for a combined preliminary and final plat of Iowa Meadows, an 18.20-acre subdivision to create two residential lots to accommodate two existing single-family homes and three outlots for future development. Next steps, upon recommendation from the Commission, this will go to City Council in January. Wade asked that fee applies to the two existing homes that will be on the two new lots to the improvements on Slothower Road. Russett explained that with any type of subdivision typically the developer is building the streets and they're responsible for the construction of those streets. For collectors and arterials that need to be improved the City has in their subdivision ordinance that the developer or owner would need to pay a fee to contribute to the cost of those improvements whenever those improvements would occur. So, in this case Slothower Road is a collector street and 25% of the estimated costs of the improvements are collected by the subdivision. With all subdivisions and legal documents, that fee is required prior to issuance of a building permit. Wade noted that since these are existing residents if they request a building permit for an addition or a new house, how is that fee applied for that one residence to the whole road. Russett explained the fee for each individual lot is the linear frontage of the lot so if the existing homes wanted to do an addition or anything that needed a building permit, it would apply. Miller asked about the land south of the second residential lot, it looks like there's an access easement or something with some existing structures that are outside of the boundary of the Planning and Zoning Commission December 3, 2025 Page 3 of 5 residential lot. Russett stated those are agricultural outbuildings and would not be on the residential lot, they are part of an outlot. Davies noted Russett mentioned the outlots not being developable so what is the process to make those developable. Russett stated they would need to submit a subdivision plat showing those areas plated as lots. Elliott opened the public hearing. Lacey Stutzman (MMS Consultants) on behalf of Mary and Delbert Weber clarified that the access easement to the agricultural buildings covers the existing driveway coming in and this gives them some more green open space on the north side. The applicants are also in the process of the approval of a farmstead split off in that agricultural area that's not within the City, and that farmstead split lot will utilize that same driveway to not have to create another access point onto Slothower Road. Wade noted given that situation shouldn’t they ask for some kind of disclosure for the new property owner that buys those houses, if they envision building a garage or an addition or something, it might be a surprise that they have that financial obligation. Stutzman confirmed they would do so and was just talking about that with Russett before the meeting started and what approximately that fee would be. Both lots are actually for sale at the moment, and the existing house on lot one is intended to stay as it's in really good shape given the year it was built. The house on lot two is pretty dilapidated so it will be sold to somebody who will understand it'll probably need to be torn down and rebuilt, which was also the idea of doing a shared access easement to give them more workable room in the buildable lot. Miller asked what the estimated fee for the road improvements is. Russett explained in the subdividers agreement they do not listing a specific fee it states the City will calculate it when a building permit is requested because the estimates obviously are going to change overtime. Currently the estimate is between $30,000 and $40,000. She confirmed the fee is based on 25% of the anticipated costs to improve the road to City standards for each lots linear frontage of it. Elliott closed the public hearing. MOTION: Miller recommends approval of SUB25-0005, an application submitted by Delbert E Weber Revocable Trust & Mary M Weber Revocable Trust for a combined preliminary and final plat of Iowa Meadows, an 18.20-acre subdivision to create two residential lots to accommodate two existing single-family homes and three outlots for future development. Davies seconded the motion. A vote was taken and the motion passed 6-0. Planning and Zoning Commission December 3, 2025 Page 4 of 5 CONSIDERATION OF MEETING MINUTES: NOVEMBER 19, 2025: Wade moved to approve the meeting minutes from November 19, 2025. Townsend seconded the motion, a vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Elliott asked about Carson Farms, the area just west of Highway 218, south of Rohret Road, and will Slothower Road eventually connect to that. Russett stated eventually Slothower Road will extend further south to Rohret Road but then it turns into Landon Avenue which is west from Carson Farms. Regarding Carson Farms, there was a proposed annexation several years ago that never got approved and it was essentially abandoned. Russett also noted that is the area where the City adopted the form-based zones and standards and is looking at a regional stormwater system in that area, so hopefully something comes before the commission soon for that area to be developed. ADJOURNMENT: Townsend moved to adjourn, Davies seconded and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2024-2025 11/20 12/4 2/19 3/5 5/7 6/4 6/18 7/2 7/16 8/6 8/27 9/3 10/15 11/5 11/19 12/3 BEINING, KALEB DAVIES, JAMES CRAIG, SUSAN ELLIOTT, MAGGIE HENSCH, MIKE MILLER, STEVE QUELLHORST, SCOTT TOWNSEND, BILLIE WADE, CHAD KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member