On the agenda: Indianola meeting — data center (May 11)

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PLANNING AND ZONING COMMISSION MEETING
May 11, 2021
6:00 p.m.
City Council Chambers
Agenda
https://www.youtube.com/channel/UCCwqdy2irWQILB_1QzcVrdw
1.

Call to Order

2.

Roll Call

3.

Approval of Agenda

4.

Approval of Minutes for 04/13/2021 Meeting

5.

Public Comments

6.

Old Business

7.

New Business
A.

Consider recommendation on request for approval of a Plat of Survey for William Jones
located within two miles of the City of Indianola.

B.

Consider recommendation on request for approval of a Plat of Survey for the Justin and Jenna
Brown, located at 800 West Orchard Avenue (Lot 16 of Heritage Hills 9) and 1602 West
Scenic Valley Drive (Lot 17 of Heritage Hills 9).

C.

Consider request from Peterson Funeral Service, Inc, dba Overton Funeral Home for a
right-of-way vacation and conveyance of a portion of the east/west alley that lies between Lots
1, 2, 3 and Lots 10, 11, 12 and a portion of the north/south alley that lies between Lots 3 and 4,
all in Block 14 of the Plat of Jones and Windles Addition to Indianola, Warren County, Iowa.

D.

Consider recommendation on request for approval of a Preliminary Plat for Prairie Glynn Plat 3.

D.

Consider recommendation on request for approval of a Preliminary Plat for Prairie Glynn Plat 3.

E.

Consider recommendation on request for approval of a Preliminary Plat for Heritage Hills Plat
11.

F.

Consider recommendation on request for approval of a Preliminary Plat for Fox Run Plat 2.

G.

Consider request from Ground Breaker Homes to rezone property located in the Southwest
Quarter of the Southwest Quarter of Section 29, Township 76 North, Range 23 West from A-1
(Agricultural) to R-3 (Mixed Residential).

H.

Consider recommendation on amendments to Chapter 165 (Zoning Regulations) and Chapter
166 (Site Plan).

8.

9.

Comments
A.

Building Permit Report

B.

Current Projects
Adjourn

Planning and Zoning
Meeting Date: 05/11/2021

4.

Subject
Approval of Minutes for 04/13/2021 Meeting
Information
Attachments
Meeting Mins

MINUTES OF PLANNING AND ZONING MEETING
April 13th, 2021
6:00pm
The meeting was called to order by Chairperson Misty Soldwisch and on roll call the following members
were present:
Josh Rabe
Sarah Ritchie
Misty Soldwisch
Al Farris
Bob Ormsby
Erin Freeberg
Becky Needles
Members Absent: Joe Butler, Jeromy Pribil
Staff Present: Charlie Dissell
Public Present: Mindy Moore, Kathy turnball, Matt Thomas, Barry Accountis, Doug Bylund, Brent
Jackman, Melissa Sones
Commissioner Farris moved to approve the agenda of the April 13th, 2021 Planning and Zoning
Commission meeting. Commissioner Ormsby seconded the motion. On roll call the vote was AYES:
Rabe, Soldwisch, Ritchie, Farris, Ormsby, Freeberg Opposed: None. Whereupon the Chairperson
declared the motion carried unanimously.
Commissioner Ritchie moved to approve the minutes of the March 09th, 2021 meeting and
Commissioner Freeberg seconded the motion. On roll call the vote was AYES: Rabe, Soldwisch, Ritchie,
Farris, Ormsby, Freeberg Opposed: None. Whereupon the Chairperson declared the motion carried
unanimously.
Review of changes to Chapter 76, Bicycles, adding in micro mobility regulations (joint item with the
Parks and Recreation Commission)
Mr. Dissell provided an overview.
Ms. Moore presented information on the project and anticipated changes.
Mr. Dissell provided supplemental information to items discussed in presentation.
Commissioner Ritchie asked if we should modify item number 5 verses striking it altogether.
Mr. Dissell said he saw benefits to both.
Commissioner Ormsby asked how you would know if you are setting off the signal or not and it seems
like it could get confusing and would be hard to enforce.

Ms. Moore said there are way to improve signals to detect bicycles.
Commissioner Ormsby asked where we were at with upgrading signals. And how many still had old
signals.
Mr. Dissell stated he didn’t know exactly how many we have. Stated we did an upgrade last summer to
fix a fault in the line. Mr. Dissell said we have not upgraded many but have to wait until the budget
allows.
Ms. Moore asked if that was an item we wanted to think about.
Commissioner Ormsby asked if we had something in the code about just standard bicycles.
Mr. Dissell said most of what we have that’s not underlined is pre -existing code.
Commissioner Ormsby said that currently the code has nothing in it that says if the light is red for too
long to go.
Mr. Dissell said no.
Commissioner Soldwisch said the solution would be to legalize it.
Commissioner Ritchie said or wait until a car comes along.
Ms. Moore said the alternative would be to go to the sidewalk and push the button.
Commissioner Ormsby discussed safety concerns.
Commissioner Ritchie stated that maybe it should be in the safety section or in the highways and signals
section.
Commissioner Soldwisch stated that pushing the button would be safer than waiting for a car to
approach you.
Commissioner Ormsby asked if there were any regulations on age for this.
Ms. Moore said no.
Ms. Moore discussed the changing lanes to pass section and how it is controversial.
Commissioner Ormsby stated he liked the idea of changing the wording on this section. He asked how
people are supposed to know these rules. He asked if there would be public information meetings.
Ms. Moore said that would be a great idea. She stated West Des Moines has a quarterly magazine with
an education section in it.
Commissioner Ritchie asked how code is enforced from a police pe rspective.
Mr. Dissell said it would be up to the police department to enforce.
Commissioner Ritchie asked how this would be handled on side streets etc. for passing.
Ms. Moore said you would have to pass the bike the same way you would a car.
Commissioner Ritchie said a modification of number 3 might be better and striking number 2.
Commissioner Ormsby asked what Ms. Moore has seen in other cities.
Ms. Moore said she doesn’t think she’s seen the change lanes to pass in anyone’s code yet.
Commissioner Ritchie asked what the driver’s responsibility is.
Ms. Moore said that is covered in another section.
Commissioner Farris asked if the part about riding abreast refers to roadways or also trails.
Ms. Moore said she struck that section.
Commissioner Ormsby asked if that includes trails.
Ms. Moore said it does not include trails.
Commissioner Ritchie asked if she was suggesting striking this whole section.
Ms. Moore said yes.
Commissioner Ritchie said it’s a trail etiquette issue.
Mr. Dissell asked Mr. Bylund if there was any etiquette signage on the trails.
Mr. Bylund said no. He stated there are signs on the streets, but it is the responsibility of the bicyclist to
watch out for cars, etc.
Commissioner Farris asked if there could be an age limit on riding on sidewalks.
Ms. Moore said that was in a separate section.

Ms. Moore asked if there were any dirt trails.
Mr. Bylund said we have some grass trails.
Ms. Moore asked if we thought micro mobility vehicles should be allowed on the square.
Commissioner Farris said no not on the square or any sidewalks unless they are under the age of 14.
Commissioner Ritchie said she disagreed.
Commissioner Soldwisch said she has ridden them in many different communities, and they seem
appropriate.
Commissioner Ritchie agreed.
Commissioner Freeberg said there’s a difference between riding one in a major city and Indianola.
She stated if you could ride them on the sidewalk but then on the square you moved to the street the
traffic would be slower.
Commissioner Soldwisch said there would still need to be the option to go up on the sidewalk if there
were cars.
Commissioner Freeberg agreed.
Commissioner Freeberg asked if they were talking about parking them or riding them.
Commissioner Ritchie said riding them. She also advised to keep in mind that a lot of the streets on t he
square are becoming two-way streets making it less safe.
Commissioner Freeberg stated that on the square with signs and people it may not be safe.
Commissioner Ormsby asked if when the square improvements take place would the sidewalk be
increasing in width.
Mr. Dissell said yes but there will be bistro tables etc making the walkable area about the same.
Commissioner Ritchie asked if the square is literally the four streets surrounding the courthouse or if it
includes the businesses up the side streets as well. She stated this needs to be defined.
Commissioner Soldwisch asked because of the way the code is worded about signs being erected if that
means if there is an issue that signs can be erected.
Commissioner Needles said how else will you educated people if there aren’t signs. People will assume
they can ride wherever.
Mr. Dissell said there are certain parts of the code where we allow signs that aren’t within the square
but it’s listed as the blocks within the square. Stated businesses along the exterior of the actual square
will have the same issues and can work to have this area defined.
Commissioner Ritchie asked if we don’t allow these devices on the sidewalks on the square would that
include children also.
Commissioner Needles said we would prohibit everybody.
Commissioner Farris said he agreed.
Commissioner Ormsby said he didn’t like that idea.
Commissioner Needles said that people can walk their bike around the sidewalks on the square or ride
their bikes in the street.
Commissioner Ritchie said you can’t walk the micro mobility devices. She stated she agrees with bikes
though.
Commissioner Ormsby said you’d also have to provide spaces to lock up a bike.
Ms. Moore asked if the streetscape includes bike parking.
Mr. Dissell said yes. He stated there is a process with the company that provides equipment with
additional guidelines for an agreement. Specific areas can be included.
Commissioner Ormsby asked what the term of the lease is.
Mr. Dissell said he would have to look.
Commissioner Ormsby asked if there was an option to end the lease if needed.
Mr. Dissell said he would think that we would, and he would check.

Commissioner Freeberg said it’s hard to find a middle ground because there are so many different
situations.
Commissioner Ormsby asked if they were looking at locations for scooters etc.
Mr. Dissell said they reached out to Indianola because we have a healthy population, a business district,
and a college.
Commissioner Ormsby said he thinks it seems more appropriate in a larger city.
Commissioner Soldwisch said if there isn’t a demand, they’ll take them away.
Commissioner Ritchie said there are a lot of people that own their own as of now.
Commissioner Farris asked for clarification on the section in regard to towing something.
Ms. Moore reviewed this section for Commissioner Farris.
Commissioner Farris asked if you can be intoxicated on a bike and other devices.
Mr. Dissell said he is not a legal expert but going off of what he has heard Iowa’s OWI laws apply to bikes
as well.
Commissioner Farris asked about scooters.
Mr. Dissell said he imagines it would cover all.
Ms. Moore said public intoxication is against the law even if it weren’t an OWI.
Mr. Dissell said he is confident that it is nothing we would have to put into our code.
Mr. Dissell reviewed the next steps.
Mr. Bylund advised Parks and rec meeting had been changed.
Mr. Dissell thanks Parks and Rec for joining.
This item was not voted on as it was discussion only. No action required.

Consider recommendation for approval of a Final Plat for Deyarman Park
Mr. Dissell provided an overview.
Commissioner Farris moved to approve the recommendation on request for approval of a Final Plat for
Deyarman Park. and Commissioner Ritchie seconded the motion. On roll call the vote was AYES: Rabe,
Soldwisch, Ritchie, Farris, Ormsby, Freeberg, Needles Opposed: None. Whereupon the Chairperson
declared the motion carried unanimously.
Consider recommendation on request for approval of a Plat of Survey for T.S. Investments LLC, located
within two miles of the City of Indianola
Commissioner Soldwisch recused herself from this item and Commissioner Ritchie took over this item.
Mr. Dissell provided an overview.
Commissioner Needles moved to approve the recommendation on request for approval of a Plat of
Survey for T.S. Investments LLC, located within two miles of the City of Indianola and Commissioner
Freeberg seconded the motion. On roll call the vote was AYES: Rabe, Ritchie, Farris, Ormsby, Freeberg,
Needles Opposed: None. Whereupon the Chairperson declared the motion carried unanimously.
Consider request for site plan approval of Williams Terrace, a residential multi-family development for
senior citizens on a lot exceeding one (1) acre, located at 1603 North 9th Street.
Commissioner Soldwisch recused herself from this item and Commissioner Ritchie took over this item.

Mr. Dissell provided an overview.
Commissioner Farris asked what was going to be at the East end between the building and the street.
Mr. Dissell said he thinks it’s reserved for green space.
Commissioner Farris asked about the placement of the trees.
Mr. Dissell reviewed trees and other landscaping.
Commissioner Farris asked if there was an easement on the North side of Lincoln Ridge.
Mr. Dissell said no.
Mr. Accountis reviewed project.
Commissioner Farris asked about criteria for renting apartments.
Mr. Accountis discussed income limits and rental costs.
Mr. Jackman went over storm water management issues.
Commissioner Farris moved to approve the recommendation on request for approval of Williams
Terrace, a residential multi-family development for senior citizens on a lot exceeding one (1) acre,
located at 1603 North 9th Street and Commissioner Ormsby seconded the motion. On roll call the vote
was AYES: Rabe, Ritchie, Farris, Ormsby, Freeberg, Needles Opposed: None. Whereupon the Chairperson
declared the motion carried unanimously.
Staff Comments: Mr. Dissell discussed the Building Permit Reports and current projects.
Commissioner Needles moved to adjourn the meeting and Commissioner Ritchie seconded. Meeting
was adjourned at 8:41pm.

_________________________________
Misty Soldwisch, Chairperson

__________________________________________
Charlie Dissell, Director of Community Development

Planning and Zoning
Meeting Date: 05/11/2021

7. A.

Subject
Consider recommendation on request for approval of a Plat of Survey for William Jones located within
two miles of the City of Indianola.
Information
Request for plat of survey approval to create a residential lot within two miles of the City.
Attachments
Staff Report
Application
Plat

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: May 11, 2021
Agenda Item: 7.A. Consider recommendation on request for approval of a Plat of Survey for William Jones
located within two miles of the City of Indianola.
Application Type: Plat of Survey
Applicant: William Jones
Comprehensive Plan Designation: Agriculture
Application Summary: Request for plat of survey approval to create a residential lot within two miles of the
City.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
170.02 JURISDICTION. All plats of survey, plats, replats or subdivisions of land into three (3) or more parts for the
purpose of laying out a portion of the City of Indianola, an addition thereto or suburban lots within two (2) miles of
the corporate limits of the City for other than agricultural purposes shall be submitted to the Council and the
Commission in accordance with the provisions of this chapter and shall be subject to the requirements established
herein. This chapter shall regulate the subdividing of land within the City and all land within an area extending two
miles beyond the corporate limits in accordance with the provisions of Section 354.9, Code of Iowa.
170.13 DESIGN STANDARDS — LOTS.
1. All lots shall abut on a street or place. Corner lots which abut on a thoroughfare or collector street shall have a
minimum radius of 25 feet at the intersection.
2. Sidelines of lots shall approximate right angles to straight street lines and radial angles to curbed street lines
except where a variation will provide better lot layout.
3. Lots with double frontage shall be avoided, except in specific locations where good planning indicates their use.
In that event a planting screen shall be provided along the rear of the lot.
4. Corner lots shall not be less than 80 feet in width and interior lots shall not be less than 70 feet in width at the
building line.
5. Lot depth shall not exceed 2½ times the width.
6. No lot shall have less area than required by the Zoning Ordinance for the district in which it is l ocated.
170.38 ENFORCEMENT. In addition to other remedies and penalties prescribed by law, the provisions of this chapter
shall not be violated subject to the following:
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1. No plat of survey, plat or subdivision in the City or within two (2) miles thereof shall be recorded or filed with the
County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the
provisions of this chapter and has been approved by the Council as prescribed herein.

ANALYSIS
William and Sharon Jones currently own a little more than 50 acres of land at the end of McGregor Trail that is within
two miles and southwest of the City of Indianola. Their property in total contains two dwellings and outbuildings.
Mr. Jones proposes to split off one of the dwellings and outbuildings onto a two-acre parcel. As this site is not
located within the City of Indianola, but is within two miles of the City, it falls under the review authority of the City.
The comprehensive plan calls for this area as agriculture, and it is not within a growth priority area of the City.
Letters were mailed to property owners within 200 feet of this property on April 30, 2021.

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends the plat of survey request be approved, as
submitted.
2) The City of Indianola Planning and Zoning Commission recommends the plat of survey request be approved, with
conditions.
3) The City of Indianola Planning and Zoning Commission recommends the plat of survey request be denied.
4) The City of Indianola Planning and Zoning Commission remands the plat of survey request, back to the applicant
and/or staff for further review and/or modifications and directs staff to place this item on a future Planning and
Zoning agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 1, approving the plat
of survey request, as submitted.

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PLAT OF SURVEY

INDEX LEGEND

FND.

COOPER CRAWFORD & ASSOCIATES, LLC
475 S. 50th STREET, SUITE 800
WEST DES MOINES, IOWA 50265
KEVEN J. CRAWFORD

S89°52'42"E
36.00'

5

8" I.R.

PREPARED FOR

WILLIAM & SHARON JONES
11998 McGREGOR TRAIL
INIDANOLA, IOWA 50125

N89°29'54"E 184.00'

N00°07'18"E 122.50'

S00°07'18"W 785.65'

LEGAL DESCRIPTION - PARCEL 'C'

A TRACT OF LAND BEING A PART OF THE NORTHWEST 41 OF THE
SOUTHWEST 41 OF SECTION 1, TOWNSHIP 75 NORTH, RANGE 24
WEST OF THE 5TH P.M., WARREN COUNTY, IOWA. SAID TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST
1
1
4 OF THE SOUTHWEST 4 OF SECTION 1, TOWNSHIP 75 NORTH,
RANGE 24 WEST OF THE 5TH P.M., WARREN COUNTY, IOWA;
THENCE N00°07'18"E, 6.46 FEET ALONG THE WEST LINE OF THE

NORTHWEST 41 OF THE SOUTHWEST 41 OF SAID SECTION 1, TO THE
POINT OF BEGINNING; THENCE CONTINUING N00°07'18"E, 294.00
FEET ALONG SAID WEST LINE; THENCE S89°52'42"E, 36.00 FEET;
THENCE N00°07'18"E, 122.50 FEET; THENCE N89°29'54"E, 184.00
FEET; THENCE S00°07'17"W, 416.50 FEET; THENCE S89°36'01"W,
220.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 2.001 ACRES MORE OR LESS.
SAID TRACT OF LAND SUBJECT TO ALL EASEMENTS OF RECORD.

PARCEL 'C'
2.001 ACRES

5

FND. 8" I.R.
(0.10' WEST)

S00°07'17"W 416.50'

RETURN TO :

NW 14 SW 14 SEC. 1-75-24
WILLIAM & SHARON JONES
WILLIAM & SHARON JONES
KEVEN J. CRAWFORD

N00°07'18"E 294.00'

LOCATION :
REQUESTOR:
PROPRIETOR:
SURVEYOR:
SURVEYOR
COMPANY:

SURVEYOR'S NOTES
1.
2.
3.

THIS SURVEY HAS AN ERROR OF CLOSURE OF LESS THAN 1 IN 10,000.
LOT CORNERS SHALL BE SET WITHIN ONE YEAR OF RECORDING.
BEARINGS ARE BASED ON AN ASSUMED BEARING.

CERTIFICATION

SEPTIC
LID

I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS
PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION
AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF IOWA.

KEVEN J. CRAWFORD, P.E. IOWA LICENSE NO. 13156
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2022
PAGES OR SHEETS COVERED BY THIS SEAL:

This sheet only

EXISTING
BUILDING
5

FND. 8" I.R.
W/ CAP #3754
(0.21' WEST)
N00°07'18"E
6.46'
1

FND. 2" I.R.
W/ CAP #6808
SW CORNER
1

1

NW 4 SW 4
SEC. 1-75-24
POINT OF COMMENCEMENT

1

FND. 2" I.R.
W/ YELLOW CAP
SE CORNER
1

LEGEND
PLAT BOUNDARY
SECTION CORNER

1

NW 4 SW 4
SEC. 1-75-24

P.O.B.

S89°36'01"W 220.00'
16.00'

N89°36'01"E 1337.15'

FOUND CORNER AS NOTED
I.R.
G.P.

SET CORNER 5/8" IR W/ YELLOW CAP #13156
IRON ROD
GAS PIPE

D.

DEEDED DISTANCE

M.

MEASURED DISTANCE

R

PREVIOUSLY RECORDED DISTANCE

P.U.E.

N

PUBLIC UTILITY EASEMENT

COOPER CRAWFORD
& ASSOCIATES, L.L.C.

CIVIL ENGINEERS
475 S. 50th Street, Suite 800, West Des Moines, IA 50265
Phone: (515) 224-1344 Fax: (515) 224-1345

0
30
60
SCALE: 1"=60'
DATE: 4-13-2021
JOB NUMBER

CC
2252

Planning and Zoning
Meeting Date: 05/11/2021

7. B.

Subject
Consider recommendation on request for approval of a Plat of Survey for the Justin and Jenna Brown,
located at 800 West Orchard Avenue (Lot 16 of Heritage Hills 9) and 1602 West Scenic Valley Drive (Lot
17 of Heritage Hills 9).
Information
Request for plat of survey approval to combine Lots 16 and 17 of Heritage Hills Plat 9 for purposes of
combining the two into one parcel.
Attachments
Plat
Application
Plat

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: May 11, 2021
Agenda Item: 7. B. Consider recommendation on request for approval of a Plat of Survey for the Justin and
Jenna Brown, located at 800 West Orchard Avenue (Lot 16 of Heritage Hills 9) and 1602 West Scenic Valley
Drive (Lot 17 of Heritage Hills 9).
Application Type: Plat of Survey
Applicant: Mike Brooner of Civil Design Advantage
Current Zoning: R-5, Planned Residential
Comprehensive Plan Designation: Low Density Residential
Application Summary: Request for plat of survey approval to combine Lots 16 and 17 of Heritage Hills Plat
9 for purposes of combining the two into one parcel.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
170.02 JURISDICTION. All plats of survey, plats, replats or subdivisions of land into three (3) or more parts for the
purpose of laying out a portion of the City of Indianola, an addition thereto or suburban lots within two (2) miles of
the corporate limits of the City for other than agricultural purposes shall be submitted to the Council and the
Commission in accordance with the provisions of this chapter and shall be subject to the requirements established
herein. This chapter shall regulate the subdividing of land within the City and all land within an area extending two
miles beyond the corporate limits in accordance with the provisions of Section 354.9, Code of Iowa.
170.13 DESIGN STANDARDS — LOTS.
1. All lots shall abut on a street or place. Corner lots which abut on a thoroughfare or collector street shall have a
minimum radius of 25 feet at the intersection.
2. Sidelines of lots shall approximate right angles to straight street lines and radial angles to curbed street lines
except where a variation will provide better lot layout.
3. Lots with double frontage shall be avoided, except in specific locations where good planning indicates their use.
In that event a planting screen shall be provided along the rear of the lot.
4. Corner lots shall not be less than 80 feet in width and interior lots shall not be less than 70 feet in width at the
building line.
5. Lot depth shall not exceed 2½ times the width.
6. No lot shall have less area than required by the Zoning Ordinance for the district in which it is located.

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ANALYSIS
Justin and Jenna Brown currently own Lots 16 and 17 of Heritage Hills Plat 9. Lot 16 is a 20,781 square foot lot and
Lot 17 is a 22,197 square foot lot. Lot 16 has an active building permit issued to it for a new single -family dwelling
while Lot 17 is currently vacant. The property owner proposes to combine these two lots, creating one 42,983
square foot (0.99 acre) parcel. All aspects of Chapter 170 would continue to be met, as well as the minimum
standards of the R-5 zoning district. The comprehensive plan calls for this area as low density residential. Letters
were mailed to property owners within 200 feet of this property on April 30, 2021.

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends the plat of survey request be approved, as
submitted.
2) The City of Indianola Planning and Zoning Commission recommends the plat of survey request be approved, with
conditions.
3) The City of Indianola Planning and Zoning Commission recommends the plat of survey request be denied.
4) The City of Indianola Planning and Zoning Commission remands the plat of survey request, back to the applicant
and/or staff for further review and/or modifications and directs staff to place this item on a future Planning and
Zoning agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 1, approving the plat
of survey request, as submitted.

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Planning and Zoning
Meeting Date: 05/11/2021

7. C.

Subject
Consider request from Peterson Funeral Service, Inc, dba Overton Funeral Home for a right-of-way
vacation and conveyance of a portion of the east/west alley that lies between Lots 1, 2, 3 and Lots 10,
11, 12 and a portion of the north/south alley that lies between Lots 3 and 4, all in Block 14 of the Plat of
Jones and Windles Addition to Indianola, Warren County, Iowa.
Information
Request for vacation and conveyance of a portion of the east/west alley that lies between Lots 1, 2, 3
and Lots 10, 11, 12 and a portion of the north/south alley that lies between Lots 3 and 4, all in Block 14 of
the Plat of Jones and Windles Addition to Indianola, Warren County, Iowa.

Attachments
Alley
App
Easement

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: May 11, 2021
Agenda Item: 7. C. Consider request from Peterson Funeral Service, Inc, dba Overton Funeral Home for a
right-of-way vacation and conveyance of a portion of the east/west alley that lies between Lots 1, 2, 3 and
Lots 10, 11, 12 and a portion of the north/south alley that lies between Lots 3 and 4, all in Block 14 of the
Plat of Jones and Windles Addition to Indianola, Warren County, Iowa.
Application Type: Right-of-Way Vacation
Applicant: Peterson Funeral Service, Inc, dba Overton Funeral Home
Application Summary: Request for vacation and conveyance of a portion of the east/west alley that lies
between Lots 1, 2, 3 and Lots 10, 11, 12 and a portion of the north/south alley that lies between Lots 3 and
4, all in Block 14 of the Plat of Jones and Windles Addition to Indianola, Warren County, Iowa.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
137.01 POWER TO VACATE. When, in the judgment of the Council, it would be in the best interest of the City to
vacate a street, alley, portion thereof or any public grounds, the Council may do so by ordinance in accordance with
the provisions of this chapter.
137.02 PLANNING AND ZONING COMMISSION. Any proposal to vacate a street, alley, portion thereof or any public
grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation
prior to further consideration by the Council. The Commission shall submit a written report including
recommendations to the Council within thirty (30) days after the date the proposed vacation is referred to the
Commission.
137.03 NOTICE OF VACATION HEARING. The Council shall cause to be published a notice of public hearing of the time
at which the proposal to vacate shall be considered.
137.04 FINDINGS REQUIRED. No street, alley, portion thereof or any public grounds shall be vacated unless the
Council finds that:
1. Public Use. The street, alley, portion thereof or any public ground proposed to be vacated is not needed for
the use of the public, and therefore, its maintenance at public expense is no longer justified.
2. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley
reasonable access to their property.

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137.05 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the judgment of the Council it would be in the best
interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in
accordance with the provisions of Section 364.7, Code of Iowa.

ANALYSIS
The alley proposed to be vacated is an improved alley that currently sits between ground that is all owned by the
applicant. Over the past few years, two homes on the south side of the east/west alley have been demolished with
plans to demolish the third. This is being done to make way for a new parking lot addition to the Ov erton Funeral
Home. Since the owner owns land on both sides of these alleys, and since there is still access to the east/west alley
west of the area proposed to be vacated from the south, the alleys proposed to be vacated are no longer needed for
the use of the public, and its maintenance at the publics expense is no longer justified. However, the applicant does
intend to issue access easements to those property owners who are still using the east/west alley west of the area
proposed to be vacated. There are currently public utilities located in these alleys.

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends of the right-of-way vacation request be
approved, as submitted.
2) The City of Indianola Planning and Zoning Commission recommends the right-of-way vacation request be
approved, with conditions.
3) The City of Indianola Planning and Zoning Commission recommends the right-of-way vacation request be denied.
4) The City of Indianola Planning and Zoning Commission remands the right-of-way vacation request, back to the
applicant and/or staff for further review and/or modifications and directs staff to place this item on a future
Planning and Zoning agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 2, approving the rightof-way vacation request with the condition that a Public Utility Easement be granted to the City prior to the vacation
being executed.

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When Recorded Return to:
City of Indianola, Iowa
Attn: City Clerk
110 North 1st Street
Indianola, IA 50023
Preparer Inf ormation: Amy S. Beattie, 6701 Westown Parkway , Suite 100, West Des Moines, Iowa 50266

Phone: 515-274-1450

PUBLIC UTILITY EASEMENT
The undersigned, City of Indianola, Iowa, hereinafter referred to as "Grantor", in consideration of the
sum of one dollar ($1.00), and other valuable consideration, does hereby sell, grant and convey unto the City
of Indianola, Iowa, a municipal corporation, in the County of Warren, State of Iowa, hereinafter referred to as
"Grantee" or “City”, a permanent easement under, through, and across the following described real estate:
A portion of the east/west alley that lies between Lots 1, 2, 3 and Lots 10, 11, 12 and a portion of the
north/south alley that lies between Lots 3 and 4, all in Block 14 of the Plat of Jones and Windles Addition to
Indianola, Warren County, Iowa.
The above described easement is granted unto the City of Indianola, Iowa, for the purpose of
constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining the following public
improvements:
Public Utilities
1.
Erection and Placement of Structures, Obstructions, Plantings or Materials Prohibited.
Grantor and its grantees, assigns and transferees shall not erect any fence or other structure under, over, on,
through, across or within the Easement Area without obtaining the prior written c onsent of the City, nor shall
Grantor cause or permit any obstruction, planting or material to be placed under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City.
2.
Change of Grade Prohibited. Grantor and its grantees, assigns and transferees shall not
change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written
consent of the City. The City shall have the right to restore any changes in grade, elevation or contour
without prior written consent of the Grantor, its grantees, assigns or transferees.
3.
Right of Access. The City shall have the right of access to the Easement Area and have all
rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area from
property adjacent thereto as herein described, including but not limited to, the right to remove any
unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through,
across or within the Easement Area.
1

4.
Property to be Restored. The City shall restore the Easement Area after exercising its rights
hereunder, provided, however, that the City’s duty of restoration shall be limited to grading and replacing
grass, sod or any other ground cover (but not including any structures, trees or shrubs). The City shall not
be responsible for any construction, reconstruction, replacement, repair or maintenance of any improvements
located within the Easement Area.
5.
Liability. Except as may be caused by the negligent acts or omissions of the City, its
employees, agents or its representatives, the City shall not be liable for injury or property damage occurring in
or to the Easement Area, the property abutting said Easement Area, nor for property damage or any
improvements or obstructions thereon resulting from the City’s exercise of this Easement.
6.
Easement Benefit. This Easement shall be for the benefit of the City, its successors and
assigns, and its permittees and licensees.

IN WITNESS WHEREOF, we have hereunto affixed our hands this _____ day of ___________

7.
Easement Runs with Land. This Easement shall be deemed perpetual and to run with the
land and shall be binding on Grantor and on Grantor’s heirs, successors and assigns.

2021.

CITY OF INDIANOLA, IOWA

By: __________________________________
Pam Pepper, Mayor
Attest:

By: __________________________________
Andrew J Lent, City Clerk
STATE OF IOWA, COUNTY OF WARREN, ss:
On the _____ day of _______________ 2021, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Pam Pepper and Andrew J. Lent, to me personally known, who, being by
me duly sworn, did say that they are the Mayor and City Clerk of the City of Indianola, Iowa, a municipal
corporation; that the seal affixed to the above and foregoing instrument is the corporate seal of said municipal
corporation and the said Pam Pepper and Andrew J. Lent acknowledged the execution of said instrument to
be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and by
them voluntarily executed.

___________________________________________
Notary Public in and for the State of Iowa
2

3

Planning and Zoning
Meeting Date: 05/11/2021

7. D.

Subject
Consider recommendation on request for approval of a Preliminary Plat for Prairie Glynn Plat 3.

Information
Request for preliminary plat approval of a 19-lot residential subdivision.
Attachments
Staff Report
App
PG

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: May 11, 2021
Agenda Item: 7.D. Consider recommendation on request for approval of a Preliminary Plat for Prairie
Glynn Plat 3.
Application Type: Preliminary Plat
Applicant: Diligent Prairie Glynn LLC
Zoning: R-3, Mixed Residential
Comprehensive Plan Designation: Neighborhood Mixed Use and Community Mixed Use
Application Summary: Request for preliminary plat approval of a 19-lot residential subdivision.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
170.05 PRELIMINARY PLATTING PROCEDURE.
1. The owner or developer of any tract of land to be subdivided shall cause a preliminary plat to be prepared, a plat
of the subdivision containing the information specified herein and shall file twelve (12) copies and an electronic
copy with the Clerk.
2. Preliminary plats shall be filed with the Clerk at least fifteen (15) days prior to scheduled Commission meetings.
Adjoining property owners shall be notified of preliminary plats by first class mail at least ten (10) days prior to
Commission meetings.
3. The Clerk shall immediately transmit three (3) copies of the preliminary plat to the Commission for study and
recommendation.
4. The Commission shall examine the plat as to its compliance with this chapter, and the comprehensive plan of the
City and shall have thirty (30) days to submit a recommendation to the Council provided that the owner or
developer may agree to an extension of time not to exceed sixty (60) days. A copy of the recommendation shall
be forwarded to the owner or developer.
5. The Council, upon receipt of the Commission’s recommendation, or after thirty (30) days, or any extension
thereof shall have passed, shall by resolution grant approval or reject the preliminary plat. If the preliminary plat
is rejected, the Council will advise the owner or developer of any changes which are desired or should have
consideration before approval will be given. Upon making such changes, the developer may resubmit the
preliminary plat for approval by the Commission and the Council. Approval of the preliminary plat by the Council
shall constitute approval to proceed with the preparation of the final plat but shall not be deemed approval of
the subdivision.
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170.09 PRELIMINARY PLAT REQUIREMENTS. The preliminary plat shall contain the following information:
1. A location map showing:
A. The subdivision name.
B. An outline of the area to be subdivided.
C. The existing streets and public or community utilities, if any, on adjoining property.
D. North point and scale.
2. A preliminary plat of the subdivision drawn to the scale of fifty (50) feet to one (1) inch, provided that if the
resulting drawing would be over thirty-six (36) inches in its shortest dimension, a scale of one hundred (100) feet
to one (1) inch may be used, said preliminary plat to show:
A. The legal description, acreage and the name of the proposed subdivision.
B. The name and address of the owner.
C. The name of the person who prepared the plat, and the date thereof.
D. The location of existing lot lines, streets, public utilities, water mains, sewers, drainpipes, culverts,
watercourses, bridges, railroads and buildings in the proposed subdivision.
E. Contours at vertical intervals of not more than two (2) feet, based upon City datum, except that where
the slope of the land exceeds twenty-five percent (25%), five (5) foot intervals shall be sufficient.
F. The location and widths, other dimensions and names of the proposed streets, utility easements and
other open spaces or reserved areas.
G. A statement concerning the location and approximate size or capacity of utilities proposed to be
installed.
H. Tract boundary lines showing dimensions, bearings, angles, and references to known lines or bench
marks.
I. The names and addresses of adjacent property owners.
J. Proposed building lines.
K. Grades of proposed streets.
L. A cross-section of the proposed streets showing the roadway location, type and width of surfacing, the
type drainage and other improvements to be installed.
M. The location of proposed wells and/or water mains and sewage disposal system if a public or community
system is used.
N. The drainage of the land including proposed storm sewers, ditches, culverts, bridges and other
structures.
O. North point and graphic scale.
P. The location and dimension of sidewalks to be installed.
Q. Indicate the current Iowa Department of Natural Resources requirement in a note placed on the plat, if
applicable.
R. Indicate current flood zones as determined by FEMA with the platted area.
170.11 DESIGN STANDARDS — STREETS.
1. General Considerations that must comply with the current Iowa Statewide Urban Design Standards for Public
Improvements (“SUDAS”).
A. The street and alley layout shall provide access to all lots and parcels of land within the subdivision.
B. Street jogs of less than 150 feet shall be avoided.
C. Cul-de-sacs shall not exceed 700 feet in length.
D. New subdivisions shall make provisions for continuation and extension of thoroughfares and collector
streets and roads.
E. No dead-end streets will be permitted except at subdivision boundaries and in no event shall any deadend street be in excess of 500 feet.
F. Thoroughfare and collector streets in a subdivision shall extend through to the boundaries thereof, unless
a terminal point within the subdivision is shown in the master street plan.
G. Alleys shall be discouraged in residential areas but shall be provided in commercial and industrial areas
unless other suitable public or private access to loading and service areas is provided.
H. Intersection of road centerlines shall be between 80 degrees and 100 degrees.
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I.
J.

Intersection of more than two (2) streets at a point shall not be permitted.
Where parkways or special types of streets are proposed, the Commission may apply special standards
for the design of such parkways or streets.
K. Proposed streets that are extensions of or in alignment with existing streets shall bear the name of the
existing street. Names of new streets shall avoid duplication of or similarity to existing names of stree ts,
or public and semi-public buildings and areas.
L. Streets, avenues, places and courts shall be named in the following manner:
General direction
Long streets
Short streets
North and south
Streets
Courts
East and west
Avenues
Places
Diagonal
Roads
Ways
Curving
Drives
Lanes
2. Minimum rights-of-way shall be provided as follows:
A. Thoroughfares — 100 feet. In addition, access spacing on thoroughfares is as follows: (i) Intersection
spacing - 600' minimum; (ii) Entrance spacing - 300' minimum; (iii) Separation of Entrance from
Intersection - 150' minimum. (Ord. 1499 – Aug. 12 Supp.)
B. Residential collector streets — 70 feet.
C. Commercial collector streets — 80 feet.
D. Residential streets — 60 feet.
E. Cul-de-sacs — 110 feet in diameter.
F. Alleys — 20 feet.
3. The minimum width of surfacing to be provided shall be as follows:
A. Reserved.
B. Reserved.
C. Commercial collector streets:
(1) Parallel parking — 49 feet.
(2) Angle parking — 61 feet.
D. Residential street — 25 feet or 31 feet within the discretion of the Council.
E. Cul-de-sacs — 85 feet in diameter.
F. Alleys — 20 feet.
G. Sidewalks — 4 feet.
4. Grades. No street grade shall be less than one-half of one percent and shall not exceed the following limits:
A. Thoroughfare streets — 4 percent.
B. Collector streets — 6 percent.
C. Residential streets — 8 percent.
170.12 DESIGN STANDARDS — BLOCKS.
1. The length of blocks shall be not less than 240 feet and not more than 1,250 feet in length.
2. Blocks shall be of sufficient width to permit two (2) tiers of lots of appropriate depth and in no case shall the
width be less than 240 feet, except where a single tier of double frontage lots parallels a limited access highway,
a thoroughfare, drainage course, railroad or other barrier, the width shall be not less than 50 feet.
3. Crosswalks may be required in blocks over 700 feet long or in areas where curbed streets requi re excessive out of
the way travel. If required, they shall be constructed by the developer. Right-of-way for crosswalks shall not be
less than 30 feet, nor more than 45 feet.
170.13 DESIGN STANDARDS — LOTS.
1. All lots shall abut on a street or place. Corner lots which abut on a thoroughfare or collector street shall have a
minimum radius of 25 feet at the intersection.
2. Sidelines of lots shall approximate right angles to straight street lines and radial angles to curbed street lines
except where a variation will provide better lot layout.
3. Lots with double frontage shall be avoided, except in specific locations where good planning indicates their use.
In that event a planting screen shall be provided along the rear of the lot.
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4. Corner lots shall not be less than 80 feet in width and interior lots shall not be less than 70 feet in width at the
building line.
5. Lot depth shall not exceed 2½ times the width.
6. No lot shall have less area than required by the Zoning Ordinance for the district in which it is locate d.
170.14 EASEMENTS.
1. Easement not less than 15 feet in width shall be provided along each side of the front yard lot lines of all lots, and
in the case of corner lots, the side street yard, and along such other lot liens as may be required by public and
private utility companies.
2. Easements of greater width may be required for trunk lines, pressure lines, open drainage courses or high voltage
lines and shall be provided as determined by the utility or Council.
3. Utility easements shall convey to the City, its successors and assigns, the perpetual right within the areas shown
on the plat and described in the easement, to construct, reconstruct, operate and maintain electric lines
consisting of poles, wires, cables, conduits, fixtures, anchors and other similar equipment, including the right to
trim or remove trees within such areas where necessary to secure a clearance of 4 feet from the wires or poles,
together with the right to extend to any telephone, telegraph, electric or power company, the right to use
separately or jointly with the City, the areas included in the easement for the purposes above enumerated.
170.15 PARKS, SCHOOL SITES AND PUBLIC AREAS.
1. In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds and other
common areas for public use so as to conform to any recommendations of the most current Comprehensive Plan.
Any provision for schools, parks and playgrounds should be indicated on the preliminary plan in order that it may
be determined when and in what manner such areas will be provided or acquired by an appropriate taxing
agency.
170.16 NATURAL DRAINAGE COURSES. Whenever any stream or important surface drainage course is located in an
area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for
the purpose of widening, deepening, sloping. improving or protecting the stream or drainage course.
170.17 EROSION CONTROL (DESIGN STANDARDS). Methods for controlling soil erosion shall be in accordance with
current Iowa Department of Natural Resources Standards and requirements of NPDES permit.
170.18 PLANNED DEVELOPMENTS.
1. Purpose. The purpose of this provision is to permit and encourage subdivider’s to utilize imaginative and
innovative concepts in the design, layout and development of subdivisions.
2. Intent. It is not the intent of this provision to lessen the number, size, extent, or type of improvements required
by this chapter, but to permit the reasonable and necessary modification of the requirements in order to allow
development of subdivisions which do not utilize a conventional layout for blocks, lots, streets and other
features. It is the intent of this provision that any such modification or change in requirements be in harmony
with the spirit of this chapter.
3. Procedure. The procedure for the submission and approval of plats for planned developments shall be the same
as for other plats as set forth elsewhere in this chapter.
170.19 SANITARY SEWERS. The subdivider shall at the subdivider’s expense provide the subdivision with a complete
sanitary sewer system including all necessary pumping stations, force mains, pumping equipment and other
appurtenances. which shall connect with a sanitary sewer outlet or treatment facility approved by the Council. The
sewers shall extend to the subdivision boundaries as necessary to provide for the extension of the sewers by adjacent
property. Where sewers in excess of fifteen (15) inches in diameter are required, the additional cost shall be borne by
the City.
170.20 PROHIBITED DISCHARGE. No storm water, surface water, ground water, roof runoff, swimming pool,
subsurface drainage, cooling water or unpolluted water shall be discharged into the City sanitary sewer system. Any
such discharge into the City sanitary sewer system shall be deemed a public nuisance and a municipal infraction.

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170.21 STORM DRAINS.
1. The subdivider shall, at the subdivider’s expense, provide the subdivision with adequate drains, ditches, culverts,
complete bridges, storm sewers, intakes and manholes to provi de the collection and removal of all surface
waters. These improvements shall extend to the boundaries of the subdivision so as to provide for extension by
adjoining properties. Where oversize storm sewers or drainage structures are required to serve other areas of
the watershed, the additional cost shall be borne by the developer.
2. The subdivider shall, at the subdivider’s expense, provide the subdivision with a storm sewer system to
adequately handle a five (5) year rain storm. The system shall include culverts, ditches, intakes, manholes, or any
structure deemed necessary. All such structures shall meet the City of Indianola Standard Specifications. In
addition, the subdivider shall, at the subdivider’s expense, provide the subdivision with overland drainage
courses and easements to adequately handle storm water in excess of a five (5) year rain storm and up to a 100year rain storm. For any subdivision containing new streets, the system shall be designed by a licensed engineer
registered to practice in the State of Iowa.
A. Each lot shall be provided with minimum six (6) inch diameter storm sewer service line that is a minimum
of four (4) feet below ground level, stubbed to the property line, unless the Director of Community
Development determines that sump lines can be taken to an existing overland drainage area. The sump
pump line shall be a minimum of one and a half (1½) inches in diameter.
B. The storm sewer system line shall be made of reinforced concrete pipe or polyvinyl chloride (PVC) pipe.
The sump pump lines shall be made of PVC, PVC Truss, or PVC corrugated pipe. All structures shall be
built in accordance with City of Indianola Standard Construction Specifications for Subdivisions.
C. The storm sewer system shall be large enough to provide for anticipated extension of use to serve
additional areas, as set out in Indianola Comprehensive Plan.
D. Storm sewer service lines shall be connected to the City storm sewer system at intakes, manholes, or
directly into the City storm sewer pipe. Tapping storm sewer service lines into the City storm sewers shall
be by using approved methods.
Should it not be possible to install a storm sewer service, as described above, alternate plans may be submitted for
review by the City’s consulting engineer and City staff.
170.22 WATER. The subdivider shall at the subdivider’s expense provide the subdivision with a complete water main
supply system including hydrants, valves and other appurtenances which shall be extended into and through the
subdivision to the boundary lines, and which shall provide a water connection for each lot and shall be connected to
the City water system. Fire hydrants shall be uniform throughout the subdivision and shall meet the standards and
design approved by the Utilities Board of Trustees. Where water mains in excess of eight (8) inches are required, the
additional cost shall be borne by the City if the area is zoned R-2 or R-3. If at the time the main is to be installed the
area in question is zoned R-4, any commercial or any industrial classification, the subdivider may be required to put in
a water main in excess of eight (8) inches at the subdivider’s own expense. Whether the City shall pay a portion of the
additional cost shall be discretionary with the Board of Trustees. Water mains shall ex tend to the boundaries of the
subdivision so as to provide for extension by adjoining properties.
170.23 SIDEWALKS. The subdivider, developer or owner of the lot shall at their expense provide a four-foot wide
concrete sidewalk along each lot frontage prior to the occupancy of the structure on the lot except as otherwise
provided herein. In commercial or industrial areas where it can be demonstrated that there will be limited or no need
for sidewalks, the Council may waive or modify the requirement for the installation of sidewalks after review and
report from the Commission. The Council may waive the sidewalk requirement on cul -de-sacs. Any such waiver shall
not be acted upon until the Council has received the recommendation of the Commission.
170.24 MARKERS. The subdivider shall at the subdivider’s expense place an iron rod not less than one -half inch in
diameter and twenty-four (24) inches in length as follows:
1. Set in concrete three (3) feet deep at the intersection of all lines forming angles in the b oundary of the
subdivision, and at all street intersections.
2. At lot corners and changes in direction of block and lot boundaries.

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170.25 GRADING. The subdivider shall at the subdivider’s expense bring all streets and alleys with the platted area
which are being dedicated for public use to the grade approved by the Council.
170.26 CURB AND GUTTER. The subdivider shall at the subdivider’s expense install curb and gutter on all streets in
the plat being dedicated for public use. Curb and gutter shall be constructed of Portland cement concrete in
accordance with designs and specifications and at grades approved by the Council.
170.27 EROSION CONTROL (REQUIRED IMPROVEMENTS). The subdivider shall be responsible for controlling soil
erosion and surface water runoff within the subdivision during its construction and development and shall provide
erosion and runoff control measures as work progresses on site grading, the installation of sewers or other
improvements or phases of work. Insofar as practical, erosion control measures shall be undertaken prior to any
other development within the subdivision which will contribute to runoff or erosion.
170.28 SURFACING. The subdivider shall at the subdivider’s expense surface all streets being dedicated for public use
from curb to curb. Surfacing shall consist of not less than six (6) inches of Portland cement concrete over a prepared
subgrade and shall be constructed in accordance with designs and specifications and at grades approved by the
Council. Where a surface width in excess of thirty-one (31) feet is required, the cost of the additional surface width,
which shall be assumed to be the center portion of the roadway surface, shall be paid by the City. On collector and
thoroughfare streets where a higher standard than is herein required or a thickness of greater than eight (8) inches is
deemed necessary by the Council, the additional cost shall be borne by the City. Where unimproved street right-ofway exists the owner or developer at the owner’s or developer’s own expense shall improve such right-of-way as
required by this section for the entire width of the lot or lots (or for the entire width and the length of the lot or lots
in the case of lot or lots bordered by more than one street) prior to or contemporaneous wit h the development of
the lot or lots. The owner or developer shall also improve all other portions of unimproved street right of way serving
such areas.
170.29 SPECIFICATIONS. The type of construction, the materials, the methods, the standards of subdivision
improvements and the maintenance bonds shall be in accordance with the specifications found in a bound volume
which is entitled Iowa Statewide Urban Design and Specification for Public Improvements which is on file in the
Clerk’s office. The Council may from time to time amend by resolution the standard construction specifications for
subdivisions found in the volume. The Clerk shall keep a record of all amendments made to the specifications. Plans
and specifications for subdivisions shall be submitted to the Community Development for approval prior to
construction, and construction shall not be started until the plans and specifications have been approved.
170.30 APPROVAL OF PLANS AND SPECIFICATIONS. The approval of plans and specifications relative to
improvements required by this chapter shall be effective for a period of two (2) years after the approval. If the
required improvements are not in place and accepted by the City within the times specified, the approval shall lapse,
and construction shall not be started and construction under way shall cease until resubmitted plans and
specifications have been approved. The City shall have the right, at the time of the new request for approval, to
require the subdivider to use the type of construction, the materials, the methods and standard of subdivision
improvements equal to the specifications of the City for like work which are in effect at that time. The City may also
require that the subdivider comply with any amended ordinance or ordinances relative to improvements under this
chapter or any successor chapter relative to subdivision improvements which have been adopted between the time
of initial approval and the renewed approval as herein required. The reapproval as required by this section
specifically applies only to the plans and specifications relative to subdivision improvements and has no application as
to lot sizes, setbacks, lot boundaries, street location or other platting requirements which shall be final on Council
approval unless changed by some other method permitted by law.
170.31 INSPECTION. The subdivider or developer shall cause the installation of all improvements to be inspected to
ensure compliance with the requirements of this chapter. The cost of the inspection shall be borne by th e subdivider
or developer. All inspection reports and certificates of compliance shall be filed with the Clerk before any
improvements are accepted by the Council. Before accepting any portion of paving, storm water improvement or
sanitary sewer system and maintenance thereof which has been constructed under the provisions of Sections 170.19
and Section 170.29 above, the Council reserves the right to have all mains within the sewer system to be dedicated,
televised in order to determine whether they have been properly constructed. The televising shall be at the expense
of the subdivider or party making the dedication.
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170.32 ACCEPTANCE. All of the improvements required in this chapter under Sections 170.19 through 170.28 shall,
upon their completion, inspection, approval and acceptance by the City of Indianola, become the property of the City.
170.33 ELECTRIC SERVICE. The City, by and through Indianola Municipal Utilities, shall extend electric service to the
subdivision and shall make electric service available to each lot in the subdivision that is within Indianola Municipal
Utilities’ assigned area of service pursuant to Iowa Code Chapter 476. The City, by and through Indianola Municipal
Utilities, shall install street lighting that is within Indianola Municipal Utilities’ assigned area of service pursuant to
Iowa Code Chapter 476 to current Indianola Municipal Utilities’ standards and specifications. In residential
subdivisions, all electric lines, including individual house service lines installed by the owner or developer, shall be
placed underground.
170.34 CHARGE FOR INSTALLATION OF ELECTRICAL SERVICE. The City, by and through Indianola Municipal Utilities,
reserves the right to make a reasonable charge to be paid by the developer, builder or owner f or any service
extended as provided by Section 170.33 above. Said charges may be changed from time to time, but shall be in
accordance with a schedule of charges set by the Indianola Municipal Utilities Board of Trustees
170.37 VARIANCES. Where the strict application of standards or requirements established by this chapter would
cause substantial hardship or impose unreasonable restrictions on the development of a tract of land because of
natural or physical conditions or limitations not created by the owner or developer, the Commission may recommend
and the Council may grant such variances from these standards or requirements as may be necessary to permit the
reasonable development of the land while preserving the intent of this chapter.
170.38 ENFORCEMENT. In addition to other remedies and penalties prescribed by law, the provisions of this chapter
shall not be violated subject to the following:
1. No plat of survey, plat or subdivision in the City or within two (2) miles thereof shall be recorded or filed with the
County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the
provisions of this chapter and has been approved by the Council as prescribed herein.
2. No more than two (2) building permits for principal structures issued for each separate tract existing at the
effective date of this chapter unless the tract shall have been platted in accordance with the provisions contained
herein except planned multiple-family, commercial or industrial complexes under a common ownership and
constructed in accordance with an overall site development plan.
3. No public improvements over which the Council has control shall be made with City funds, nor shall any City
funds be expended for street maintenance, street improvements, or other services in any area that has been
subdivided after the adoption of the regulations in this chapter unless such subdivision and streets have been
approved in accordance with the provisions of this chapter and the street accepted by the Council as a public
street.
4. Any persons who shall dispose of or offer for sale or lease any lots in the City, addition thereto, or within one mile
thereof until the plat shall have been approved, acknowledged and recorded as provided by this chapter an d
Chapter 354, Code of Iowa, shall forfeit and pay fifty dollars ($50.00) for each lot or part thereof sold, disposed
of, leased, or offered for sale.
5. No occupancy compliance certificate required by the Zoning Ordinance shall be issued until and unless al l
improvements required by this chapter have been made in accordance with the City’s plans and specifications
and accepted by the Council or as may otherwise be provided for elsewhere in this chapter.

ANALYSIS
The preliminary plat submitted creates 19 single-family lots which will all be accessed by new, internal streets. East
Girard Avenue will be extended to the east of North 15th Street, where it will be stubbed in at the east side of this
development. North 17th Street will be continued north where it will terminate in a “t” intersection with East Girard
Avenue. This plat also creates two (2) outlots; one that will be located at the northeast corner of the intersection of
East Girard Avenue and North 15th Street, and will be used for stormwater management and another that will be
approximately 9.5 acres in size, located south of East Iowa Avenue and east of North 15 th Street, and be reserved for
a future development. This proposed single-family development provides an average density of about 3.41 units per
acre.
8|P age

Staff has reviewed the plat as to its conformance to the regulations listed herein. Snyder and Associates has also
provided professional assistance regarding the drainage review of this site. Additionally, construction documents
have also been submitted by the developer for this site and are currently under review. All review comments
pertaining to the preliminary plat have been satisfied.
Letters were mailed to property owners within 200 feet of this property on April 30, 2021.

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be approved, as
submitted.
2) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be approved, with
conditions.
3) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be denied.
4) The City of Indianola Planning and Zoning Commission remands preliminary plat, back to the applicant and/or
staff for further review and/or modifications and directs staff to place this item on a future Planning and Zoning
agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 1, recommending the
preliminary plat be approved, as submitted.

9|P age

INDEX LEGEND

SW 1/4 W 1/4 SEC. 20-76-23
DILIGENT GLYNN LLC
DILIGENT GLYNN LLC
KEVEN J. CRAWFORD

THIS
SITE

E. GIRARD AVE

E. FRANKLIN AVE

FND. 5/8" I.R. W/
SMASHED RED CAP
NE CORNER
SW 1/4 SW 1/4
SEC. 20-76-23

N88°37'07"W 1329.60'

E. IOWA AVENUE

448.24'

S88°37'07"E 845.58'

N89°58'07"W
35.00'

N01°22'53"E
33.00'

N88°37'07"W 845.58'

DILIGENT GLYNN LLC
12119 STRATFORD DR.
CLIVE, IA 50325
515-309-0705

N. 18th ST

N01°22'53"E
33.00'

E. DETROIT AVE

N. 17th ST

35.79'

OWNER / DEVELOPER

E. EUCLID AVE

N. 16th ST

FND. CUT "X"
NW CORNER
SW 1/4 SW 1/4
SEC. 20-76-23

33.83'

PRAIRIE
GLYNN PLAT 3

N. 15th ST

COOPER CRAWFORD & ASSOCIATES
475 S 50th ST., STE. 800,
WDM, IA 50023
KEVEN J. CRAWFORD

RETURN TO :

PRELIMINARY PLAT

E. IOWA AVE

N. 15th ST

LOCATION :
REQUESTOR:
PROPRIETOR:
SURVEYOR:
SURVEYOR
COMPANY:

ZONING

R3 - MIXED RESIDENTIAL

E. CLINTON AVE

NORTH

VICINITY SKETCH

N

NO SCALE

SETBACKS

FRONT YARD: 25'
REAR YARD: 30'
SIDE YARD: 16' TOTAL, 8' MIN.

N01°07'44"E 236.58'

S01°07'44"W 236.58'

UTILITIES

NOTES

1.

2.

3.
4.
5.
6.
7.

S00°01'53"W 497.52'

SANITARY SEWER - CITY OF INDIANOLA
WATER - INDIANOLA MUNICIPAL UTILITIES

8.

OUTLOT 'Y'
412,032 S.F.

LEGAL DESCRIPTION

A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,
TOWNSHIP 76 NORTH, RANGE 23 WEST OF THE 5TH P.M., THE CITY OF INDIANOLA, WARREN
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 20, TOWNSHIP 76 NORTH, RANGE 23 WEST OF THE 5TH P.M.; THENCE N00°01'53"E,
485.68 FEET ALONG THE WEST LINE OF SAID SECTION 20; THENCE S89°58'07"E, 35.00 FEET
TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF
PRAIRIE GLYNN PLAT1, AN OFFICIAL PLAT, CITY OF INDIANOLA, WARREN COUNTY, IOWA;
TH
THENCE N00°01'35"E, 808.61 FEET ALONG THE EAST RIGHT OF WAY LINE OF NORTH 15
STREET, AS ITS PRESENTLY ESTABLISHED, TO THE SOUTH RIGHT OF WAY LINE OF EAST
IOWA AVENUE, AS ITS PRESENTLY ESTABLISHED; THENCE S88°37'07"E, 845.58 FEET ALONG
SAID SOUTH RIGHT OF WAY LINE; THENCE S01°07'44"W, 236.58 FEET; THENCE S12°57'02"W,
268.67 FEET; THENCE S02°03'51"E, 296.54 FEET TO THE NORTHEAST CORNER OF SAID PRAIRIE
GLYNN PLAT 2; THENCE S87°56'09"W, 200.21 FEET ALONG THE NORTH LINE OF SAID PLAT;
THENCE S02°03'51"E, 2.39 FEET ALONG THE NORTH LINE OF SAID PLAT; THENCE N88°26'30"W,
591.81 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 15.035 ACRES MORE OR LESS.
SAID TRACT OF LAND BEING SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.

LEGEND

EXISTING/PROPOSED
PLAT BOUNDARY
ST

S12°

N00°01'53"E 808.61'

S12°5 57'02"W 268.67
'
7'02"
W 26
8.67'

9.

LOT A AND LOT B, TO BE DEDICATED TO THE CITY FOR USE AS PUBLIC
STREETS AFTER PLAT APPROVAL AND IN CONJUNCTION WITH PLAT
RECORDING.
INSTALLATION OF PUBLIC SIDEWALK TO OCCUR AT THE TIME OF
INDIVIDUAL LOT DEVELOPMENT. SIDEWALKS ARE REQUIRED ON BOTH
SIDES OF THE STREET. 8' PUBLIC TRAIL ALONG NORTH 15TH STREET
ADJACENT TO LOT 19 AND OUTLOT 'Z' WILL BE IN INSTALLED WITH THE
PUBLIC IMPROVEMENTS FOR THE SUBDIVISION. TRAIL ADJACENT TO
OUTLOT 'Y' WILL BE INSTALLED AT THE TIME THAT PARCEL DEVELOPS.
THIS PLAT HAS AN ERROR OF CLOSURE OF LESS THAN 1 IN 10,000.
EACH LOT IN THIS PLAT HAS AN ERROR OF CLOSURE OF LESS THAN 1 IN
5,000.
ALL LOT CORNERS SHALL BE SET WITHIN ONE YEAR OF RECORDING.
BEARINGS BASED ON AN ASSUMED BEARING.
M.P.E.'S SHOWN ON THE PLAT ARE CERTIFIED BY BRAD COOPER, PROJECT
ENGINEER.
UTILITY EASEMENTS SHALL CONVEY TO THE CITY, ITS SUCCESSORS AND
ASSIGNS, THE PERPETUAL RIGHT WITHIN THE AREAS SHOWN ON THE
PLAT AND DESCRIBED IN THE EASEMENT, TO CONSTRUCT, RECONSTRUCT,
OPERATE AND MAINTAIN ELECTRIC LINES CONSISTING OF POLES, WIRES,
CABLES, CONDUITS, FIXTURES, ANCHORS AND OTHER SIMILAR
EQUIPMENT, INCLUDING THE RIGHT TO TRIM OR REMOVE TREES WITHIN
SUCH AREAS WHERE NECESSARY TO SECURE A CLEARANCE OF 4 FEET FROM
THE WIRES OR POLES, TOGETHER WITH THE RIGHT TO EXTEND TO ANY
TELEPHONE, TELEGRAPH, ELECTRIC OR POWER COMPANY, THE RIGHT TO USE
SEPARATELY OR JOINTLY WITH THE CITY, THE AREAS INCLUDED IN THE
EASEMENT FOR THE PURPOSES ABOVE ENUMERATED.
PAVING ON E. GIRARD AVENUE IS INTEND TO GO TO THE PLAT BOUNDARY.

18"

STORM SEWER & SIZE

8"

SAN

SANITARY SEWER & SIZE

8"

W

WATER MAIN & SIZE
MANHOLE
STORM INTAKE
FIRE HYDRANT
VALVE

70'' R.O.W.

8,721 S.F.

69.23'

69.23'

ER
S
:
CL TR
D
IL
IV AT
IG
E, FO
EN
IA RD
T
50 D
32 R S
5 TE
B

69.23'

69.23'

O

12

,

VE

I
CL

IA

T
EN LC
G
L
I
IL N
D YN
L
:
ER G
N RIE
W
O AI
PR

16,053 S.F.
15.00' P.U.E.

30.00'
30.00'
60' R.O.W.
30.00'
30.00'

30' B.S.L.

W
11 PR N
9 AI E
ST R R:
CL R IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B

SILT FENCE OR
APPROVED FILTRATION SOCK

CURVE TABLE
CURVE

DELTA

RADIUS

LENGTH

TANGENT

CHORD

CH. BEARING

C3

000°48'43"

830.00

11.76

5.88

11.76

S87°23'51"W

C4

003°04'43"

770.00

41.37

20.69

41.37

S88°31'52"W

C5

089°57'40"

25.00

39.25

24.98

35.34

N44°56'57"W

C6

003°45'17"

830.00

54.39

27.21

54.38

S89°40'52"W

C7

093°37'21"

25.00

40.85

26.63

36.46

N44°44'49"E

C8

086°22'39"

25.00

37.69

23.47

34.22

S45°15'11"E

C9

003°33'57"

770.00

47.92

23.97

47.91

N89°46'32"E

C10

001°00'03"

770.00

13.45

6.73

13.45

N87°29'31"E

C11

003°04'43"

830.00

44.60

22.30

44.59

N88°31'52"E

C12

090°02'20"

25.00

39.29

25.02

35.37

N45°03'03"E

BRADLEY R. COOPER, IOWA LICENSE NO. 12980
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021
PAGES OR SHEETS COVERED BY THIS SEAL:

SHEETS 1-3
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION, AND THAT I AM A DULY
LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE
STATE OF IOWA.

KEVEN J. CRAWFORD, PLS IOWA LICENSE NO. 13156
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2020
PAGES OR SHEETS COVERED BY THIS SEAL:

SHEETS 1-3

COOPER CRAWFORD
& ASSOCIATES, L.L.C.

S87°56'09"W 200.21'

CIVIL ENGINEERS

10

475 S. 50th STREET, SUITE 800, WEST DES MOINES, IOWA 50265
PHONE: (515) 224-1344 FAX: (515) 224-1345
DATE: 1-25-2021
JOB NUMBER
REVISIONS: 04-13-2021

IOWA
ONE-CALL
800-292-8989
TOLL-FREE

E. FRANKLIN AVE.

X

I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS
PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION
AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF IOWA.

140.21'

11

X

X

CERTIFICATIONS

15.00' P.U.E.

B

9

9
S
CL TR
IV AT
E, FO
IA RD
50 D
32 R S
5 TE

5

32

50

15.00' SAN. SEWER
& P.U.E.

11

W
11 PR N
9 AI E
ST R R:
RA IE DI
TF GL LI
O YN GE
RD N N
D LL T
R C
ST
E
B

8

5,814 S.F.

11

S02°03'51"E 2.39'

12

2
T

7

LOT 'B'

xxxx

PROPOSED CONTOURS

12

S01°33'30"W 125.00'

91.44'

OVERLAND FLOWAGE,
STORM SEWER,
& STORM WATER
DETENTION EASE.
BK 2020 PG 09219

PL

N

6

O
W
11 PR N
9 AI E
ST R R:
CL R IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B
O
12
W
11 PR N
9 AI E
S R R:
CL TR IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B

YN
12

PR
A

IR
IE

5

GL

9

O
W
12

CL

ST

9
11

11

4

R
IV AT
E, FO
IA RD
50 D
32 R S
5 TE

T
EN LC
G
L
I
IL N
D YN
L
:
ER G
N RIE
W
O AI
PR

B
O
W
11 PR N
9 AI E
S R R:
CL TR IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B

3

P

10,902 S.F.

15.00'
P.U.E.

A

YN
GL

8,721 S.F.

12

C
LL

N

IE
IR
RA

13

15.00' P.U.E.

X

O
12
W
11 PR N
9 AI E
S R R:
CL TRA IE D
IV T GL ILI
E, FO YN G
IA RD N EN
50 D LL T
32 R S C
5 TE
B

14

xxxx

25' B.S.L.

O
W
11 PR N
9 AI E
S R R:
CL TR IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B

8,721 S.F.

xxxx

60.40'

8+22

113.85'

12

15

xxxx

N01°33'30"E 125.98'

xxxx

S85°26'37"E

15.00' P.U.E.

20.00' SANITARY
SEWER EASE.

N01°33'30"E 125.98'

8,721 S.F.

N01°33'30"E 125.98'

16

69.23'

12

O
W
11 PR N
9 AI E
S R R:
CL TR IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B
12

C8

170.55'

C7

60' R.O.W.

30.00'
N01°33'30"E 125.98'

N01°33'30"E 125.98'

8,721 S.F.

xxxx

N

O
W
11 PR N
A
9
E
S IR R:
CL TR IE D
IV AT GL IL
E, FO YN IG
IA RD N EN
50 D LL T
32 R S C
5 TE
B

60.00'

8+00

49,244 S.F.

1+52

12

69.23'

S02°03'51"E 296.54'

7+00

93.41'

N01°33'30"E 124.49'

25' B.S.L.

17

69.23'

2

6+00

25' B.S.L.

xxxx

152.10'

LOT 'A'

69.23'

N88°26'30"W 591.81'

1

70.00'

5+00

479.10'

69.23'

20.00' SANITARY
SEWER EASE.

20' STORM
SEWER EASE.
BK 2020 PG 09219

485.68'

4+00

60.00'

1+00

8,697 S.F.

60.00'

25' B.S.L.

96.89'

N00°01'53"E 95.42'

18

69.23'

60.00'

30' B.S.L.

OVERLAND FLOWAGE
& STORM WATER
DETENTION EASE.
BK 2020 PG 09219

xxxx

S02°03'51"E 111.17'

N. 15th STREET

69.23'

60.00'

2.39'

O
E W
14 LI NE
IN 16 ZA R
D E BE : D
IA F
T E
N RA H NN
O N CA I
LA KL R S
, I IN TE &
A
R
50 AV
12 E
5

21.34'

xxxx

S89°58'07"E
35.00'

10

18,518 S.F.

30.06'

C9

85.01'

xxxx

100.37'

H
IN 141 EA
T
7
D
IA E HE
G
N I RH
O RA A
LA R R
, I D DY
A AV
50 E
12
5

E. GIRARD AVENUE

15.00' SANITARY
& STORM
SEWER EASE.

FND. CUT 'X'
SW CORNER
SW 1/4 SW 1/4
SEC. 20-76-23

60.00'

25' B.S.L.

19

10,433 S.F.

xxxx

8,750 S.F.

25' B.S.L.

xxxx

xxxx

7,500 S.F.

9

30.06'

C11

5.26'

xxxx

7,500 S.F.

8

55.11'

2

60.00'

3+00

15.00' P.U.E.

70' R.O.W.

FRANKLIN AVENUE

60.00'

5.65'

30.30'

C1

7,500 S.F.

7

0+00

N
W
O

:
ER

C6

2+00

C10

xxxx

6

990

144.18'
30' B.S.L.

N. 17th ST.

H
JO

N

&

35.00'

70.00'

15.00' P.U.E.

1+00

0+00

xxxx

5

7,500 S.F.

25' B.S.L.

N01°33'30"E 125.98'

C5

GIRARD AVENUE

C3

C4

60.00'

S01°33'30"W 125.00'

xxxx

4

7,500 S.F.

S01°33'30"W 125.00'

xxxx

3

7,500 S.F.

S01°33'30"W 125.00'

xxxx

2

7,500 S.F.

S01°33'30"W 125.00'

1

7,532 S.F.

15.00' P.U.E.

5.34'

60.00'

30' B.S.L.

30.00'

10,858 S.F.

60.00'

EXISTING CONTOURS

990
30.00' SANITARY
SEWER EASE.

S01°33'30"W 125.00'

OUTLOT 'Z'

60.00'

S01°33'30"W 125.00'

15.00' P.U.E.

S88°26'30"E 781.02'

60.00'

O

60.00'

12

S00°01'53"W 1328.12'

60.00'

S01°33'30"W 125.00'

5

12

D

IN

60.00'

S02°03'51"E 125.25'

N00°01'53"E 105.67'

TI
N

50

,I

LA

N

O

TH

1

N

80

15

IA

SA

M

A

N

W
O

TH

ST

A

GA

I

A

:
ER
N

86.84'

S01°33'30"W 125.00'

E

ET
RE

C
A
SA

S01°33'30"W 126.78'

&

LL
A

F.E.S.

CALL- BEFORE- YOU- DIG

N

0

20

40

SCALE: 1"=40'

APPROVED: (X-X-2003) INITIALED: XXX

AS-BUILT: (X-X-2003)

PRELIMINARY PLAT
PRAIRIE GLYNN PLAT 3

CC
2295
SHEET
1 of 2

PRELIMINARY PLAT

N88°37'07"W 1329.60'

E. IOWA AVENUE

PRAIRIE
GLYNN PLAT 3

S88°37'07"E 845.58'

S01°07'44"W 236.58'

60' R.O.W.
25.0' B/B

PL

PL

12.50'
2.0%

12.50'
3.0'

3.0'

4.0%

2.0%

2.0%

4.0%

2.0%

6-INCH
CURB

1'

7-INCH NON-REINFORCED
CONCRETE PAVEMENT

1'
L-1 JOINT

TYPICAL 25' B/B CROSS SECTION

PREPARED SUBGRADE IN 2-6"
LIFTS TO 95% MIN. DENSITY
@ -1% TO +4% OPTIMUM MOISTURE

NO SCALE

OUTLOT 'Y'
412,032 S.F.

TELEPHONE
RISER

LP

950

949

951

W 26

8.67'
ELECTRIC
TRANSFORMER

954

7'02"

955

953

952

S12°5

E

N00°01'53"E 808.61'

T

954

60' R.O.W.

6+00

35.00'

35.00'

958

957

956

955

954

950

955
951

952

953

LOT 'A'

STORM INTAKE
FIRE HYDRANT
VALVE
F.E.S.

8+22

990

5
95

8,721 S.F.

10,902 S.F.

955
954

LOT 'B'
5,814 S.F.

15.00' P.U.E.

953

6
95

8,721 S.F.

12

25' B.S.L.

11

& ASSOCIATES, L.L.C.

2
T
A

PL
N
YN
GL

IE

951

2

OVERLAND FLOWAGE,
STORM SEWER,
& STORM WATER
DETENTION EASE.
BK 2020 PG 09219

8

S02°03'51"E 2.39'
15.00' SAN. SEWER
& P.U.E.

9

10

PIPELINE

PIPELINE

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475 S. 50th STREET, SUITE 800, WEST DES MOINES, IOWA 50265
PHONE: (515) 224-1344 FAX: (515) 224-1345
DATE: 1-25-2021
JOB NUMBER

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CIVIL ENGINEERS

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SILT FENCE OR
APPROVED FILTRATION SOCK

COOPER CRAWFORD

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N88°26'30"W 591.81'
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REVISIONS: 04-13-2021

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IOWA
ONE-CALL
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TOLL-FREE

CALL- BEFORE- YOU- DIG

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APPROVED: (X-X-2003) INITIALED: XXX

AS-BUILT: (X-X-2003)

PRELIMINARY PLAT
PRAIRIE GLYNN PLAT 3

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2295
SHEET
2 OF 2

Planning and Zoning
Meeting Date: 05/11/2021

7. E.

Subject
Consider recommendation on request for approval of a Preliminary Plat for Heritage Hills Plat 11.
Information
Request for preliminary plat approval of a nine (9)-lot residential subdivision.

Attachments
Staff Report
App
PP

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: May 11, 2021
Agenda Item: 7.E. Consider recommendation on request for approval of a Preliminary Plat for Heritage
Hills Plat 11.
Application Type: Preliminary Plat
Applicant: Downing Family Investments, Inc.
Zoning: R-5, Planned Residential
Comprehensive Plan Designation: Low Density Residential
Application Summary: Request for preliminary plat approval of a nine (9)-lot residential subdivision.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
170.05 PRELIMINARY PLATTING PROCEDURE.
1. The owner or developer of any tract of land to be subdivided shall cause a preliminary plat to be prepared, a plat
of the subdivision containing the information specified herein and shall file twelve (12) copies and an electronic
copy with the Clerk.
2. Preliminary plats shall be filed with the Clerk at least fifteen (15) days prior to scheduled Commission meetings.
Adjoining property owners shall be notified of preliminary plats by first class mail at least ten (10) days prior to
Commission meetings.
3. The Clerk shall immediately transmit three (3) copies of the preliminary plat to the Commission for study and
recommendation.
4. The Commission shall examine the plat as to its compliance with this chapter, and the comprehensive plan of the
City and shall have thirty (30) days to submit a recommendation to the Council provided that the owner or
developer may agree to an extension of time not to exceed sixty (60) days. A copy of the recommendation shall
be forwarded to the owner or developer.
5. The Council, upon receipt of the Commission’s recommendation, or after thirty (30) days, or any extension
thereof shall have passed, shall by resolution grant approval or reject the preliminary plat. If the preliminary plat
is rejected, the Council will advise the owner or developer of any changes which are desired or should have
consideration before approval will be given. Upon making such changes, the developer may resubmit the
preliminary plat for approval by the Commission and the Council. Approval of the preliminary plat by the Council

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shall constitute approval to proceed with the preparation of the final plat but shall not be deemed approval of
the subdivision.
170.09 PRELIMINARY PLAT REQUIREMENTS. The preliminary plat shall contain the following information:
1. A location map showing:
A. The subdivision name.
B. An outline of the area to be subdivided.
C. The existing streets and public or community utilities, if any, on adjoining property.
D. North point and scale.
2. A preliminary plat of the subdivision drawn to the scale of fifty (50) feet to one (1) inch, provided that if the
resulting drawing would be over thirty-six (36) inches in its shortest dimension, a scale of one hundred (100) f eet
to one (1) inch may be used, said preliminary plat to show:
A. The legal description, acreage and the name of the proposed subdivision.
B. The name and address of the owner.
C. The name of the person who prepared the plat, and the date thereof.
D. The location of existing lot lines, streets, public utilities, water mains, sewers, drainpipes, culverts,
watercourses, bridges, railroads and buildings in the proposed subdivision.
E. Contours at vertical intervals of not more than two (2) feet, based upon City datum, except that where
the slope of the land exceeds twenty-five percent (25%), five (5) foot intervals shall be sufficient.
F. The location and widths, other dimensions and names of the proposed streets, utility easements and
other open spaces or reserved areas.
G. A statement concerning the location and approximate size or capacity of utilities proposed to be
installed.
H. Tract boundary lines showing dimensions, bearings, angles, and references to known lines or bench
marks.
I. The names and addresses of adjacent property owners.
J. Proposed building lines.
K. Grades of proposed streets.
L. A cross-section of the proposed streets showing the roadway location, type and width of surfacing, the
type drainage and other improvements to be installed.
M. The location of proposed wells and/or water mains and sewage disposal system if a public or community
system is used.
N. The drainage of the land including proposed storm sewers, ditches, culverts, bridges and other
structures.
O. North point and graphic scale.
P. The location and dimension of sidewalks to be installed.
Q. Indicate the current Iowa Department of Natural Resources requirement in a note placed on the plat, if
applicable.
R. Indicate current flood zones as determined by FEMA with the platted area.
170.11 DESIGN STANDARDS — STREETS.
1. General Considerations that must comply with the current Iowa Statewide Urban Design Standards for Public
Improvements (“SUDAS”).
A. The street and alley layout shall provide access to all lots and parcels of land within the subdivision.
B. Street jogs of less than 150 feet shall be avoided.
C. Cul-de-sacs shall not exceed 700 feet in length.
D. New subdivisions shall make provisions for continuation and extension of thoroughfares and collector
streets and roads.
E. No dead-end streets will be permitted except at subdivision boundaries and in no event shall any deadend street be in excess of 500 feet.
F. Thoroughfare and collector streets in a subdivision shall extend through to the boundaries thereof, unless
a terminal point within the subdivision is shown in the master street plan.
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G. Alleys shall be discouraged in residential areas but shall be provided in commercial and industrial areas
unless other suitable public or private access to loading and service areas is provided.
H. Intersection of road centerlines shall be between 80 degrees and 100 degrees.
I. Intersection of more than two (2) streets at a point shall not be permitted.
J. Where parkways or special types of streets are proposed, the Commission may apply special standards
for the design of such parkways or streets.
K. Proposed streets that are extensions of or in alignment with existing streets shall bear the name of the
existing street. Names of new streets shall avoid duplication of or similarity to existing names of stree ts,
or public and semi-public buildings and areas.
L. Streets, avenues, places and courts shall be named in the following manner:
General direction
Long streets
Short streets
North and south
Streets
Courts
East and west
Avenues
Places
Diagonal
Roads
Ways
Curving
Drives
Lanes
2. Minimum rights-of-way shall be provided as follows:
A. Thoroughfares — 100 feet. In addition, access spacing on thoroughfares is as follows: (i) Intersection
spacing - 600' minimum; (ii) Entrance spacing - 300' minimum; (iii) Separation of Entrance from
Intersection - 150' minimum. (Ord. 1499 – Aug. 12 Supp.)
B. Residential collector streets — 70 feet.
C. Commercial collector streets — 80 feet.
D. Residential streets — 60 feet.
E. Cul-de-sacs — 110 feet in diameter.
F. Alleys — 20 feet.
3. The minimum width of surfacing to be provided shall be as follows:
A. Reserved.
B. Reserved.
C. Commercial collector streets:
(1) Parallel parking — 49 feet.
(2) Angle parking — 61 feet.
D. Residential street — 25 feet or 31 feet within the discretion of the Council.
E. Cul-de-sacs — 85 feet in diameter.
F. Alleys — 20 feet.
G. Sidewalks — 4 feet.
4. Grades. No street grade shall be less than one-half of one percent and shall not exceed the following limits:
A. Thoroughfare streets — 4 percent.
B. Collector streets — 6 percent.
C. Residential streets — 8 percent.
170.12 DESIGN STANDARDS — BLOCKS.
1. The length of blocks shall be not less than 240 feet and not more than 1,250 feet in length.
2. Blocks shall be of sufficient width to permit two (2) tiers of lots of appropriate depth and in no case shall the
width be less than 240 feet, except where a single tier of double frontage lots parallels a limited access highway,
a thoroughfare, drainage course, railroad or other barrier, the width shall be not less than 50 feet.
3. Crosswalks may be required in blocks over 700 feet long or in areas where curbed streets requi re excessive out of
the way travel. If required, they shall be constructed by the developer. Right-of-way for crosswalks shall not be
less than 30 feet, nor more than 45 feet.
170.13 DESIGN STANDARDS — LOTS.
1. All lots shall abut on a street or place. Corner lots which abut on a thoroughfare or collector street shall have a
minimum radius of 25 feet at the intersection.
2. Sidelines of lots shall approximate right angles to straight street lines and radial angles to curbed street lines
except where a variation will provide better lot layout.
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3. Lots with double frontage shall be avoided, except in specific locations where good planning indicates their use.
In that event a planting screen shall be provided along the rear of the lot.
4. Corner lots shall not be less than 80 feet in width and interior lots shall not be less than 70 feet in width at the
building line.
5. Lot depth shall not exceed 2½ times the width.
6. No lot shall have less area than required by the Zoning Ordinance for the district in which it is locate d.
170.14 EASEMENTS.
1. Easement not less than 15 feet in width shall be provided along each side of the front yard lot lines of all lots, and
in the case of corner lots, the side street yard, and along such other lot liens as may be required by public and
private utility companies.
2. Easements of greater width may be required for trunk lines, pressure lines, open drainage courses or high voltage
lines and shall be provided as determined by the utility or Council.
3. Utility easements shall convey to the City, its successors and assigns, the perpetual right within the areas shown
on the plat and described in the easement, to construct, reconstruct, operate and maintain electric lines
consisting of poles, wires, cables, conduits, fixtures, anchors and other similar equipment, including the right to
trim or remove trees within such areas where necessary to secure a clearance of 4 feet from the wires or poles,
together with the right to extend to any telephone, telegraph, electric or power company, the right to use
separately or jointly with the City, the areas included in the easement for the purposes above enumerated.
170.15 PARKS, SCHOOL SITES AND PUBLIC AREAS.
1. In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds and other
common areas for public use so as to conform to any recommendations of the most current Comprehensive Plan.
Any provision for schools, parks and playgrounds should be indicated on the preliminary plan in order that it may
be determined when and in what manner such areas will be provided or acquired by an appropriate taxing
agency.
170.16 NATURAL DRAINAGE COURSES. Whenever any stream or important surface drainage course is located in an
area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for
the purpose of widening, deepening, sloping. improving or protecting the stream or drainage course.
170.17 EROSION CONTROL (DESIGN STANDARDS). Methods for controlling soil erosion shall be in accordance with
current Iowa Department of Natural Resources Standards and requirements of NPDES permit.
170.18 PLANNED DEVELOPMENTS.
1. Purpose. The purpose of this provision is to permit and encourage subdivider’s to utilize imaginative and
innovative concepts in the design, layout and development of subdivisions.
2. Intent. It is not the intent of this provision to lessen the number, size, extent, or type of improvements required
by this chapter, but to permit the reasonable and necessary modification of the requirements in order to allow
development of subdivisions which do not utilize a conventional layout for blocks, lots, streets and other
features. It is the intent of this provision that any such modification or change in requirements be in harmony
with the spirit of this chapter.
3. Procedure. The procedure for the submission and approval of plats for planned developments shall be the same
as for other plats as set forth elsewhere in this chapter.
170.19 SANITARY SEWERS. The subdivider shall at the subdivider’s expense provide the subdivision with a complete
sanitary sewer system including all necessary pumping stations, force mains, pumping equipment and other
appurtenances. which shall connect with a sanitary sewer outlet or treatment facility approved by the Council. The
sewers shall extend to the subdivision boundaries as necessary to provide for the extension of the sewers by adjacent
property. Where sewers in excess of fifteen (15) inches in diameter are requ ired, the additional cost shall be borne by
the City.

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170.20 PROHIBITED DISCHARGE. No storm water, surface water, ground water, roof runoff, swimming pool,
subsurface drainage, cooling water or unpolluted water shall be discharged into the City sanitary sewer system. Any
such discharge into the City sanitary sewer system shall be deemed a public nuisance and a municipal infraction.

170.21 STORM DRAINS.
1. The subdivider shall, at the subdivider’s expense, provide the subdivision with adequate drains, ditches, culverts,
complete bridges, storm sewers, intakes and manholes to provide the collection and removal of all surface
waters. These improvements shall extend to the boundaries of the subdivision so as to provide for extension by
adjoining properties. Where oversize storm sewers or drainage structures are required to serve other areas of
the watershed, the additional cost shall be borne by the developer.
2. The subdivider shall, at the subdivider’s expense, provide the subdivision with a storm sewer system to
adequately handle a five (5) year rain storm. The system shall include culverts, ditches, intakes, manholes, or any
structure deemed necessary. All such structures shall meet the City of Indianola Standard Specifications. In
addition, the subdivider shall, at the subdivider’s expense, provide the subdivision with overland drainage
courses and easements to adequately handle storm water in excess of a five (5) year rain storm and up to a 100year rain storm. For any subdivision containing new streets, the system shall be designed by a licensed engineer
registered to practice in the State of Iowa.
A. Each lot shall be provided with minimum six (6) inch diameter storm sewer service line that is a minimum
of four (4) feet below ground level, stubbed to the prope rty line, unless the Director of Community
Development determines that sump lines can be taken to an existing overland drainage area. The sump
pump line shall be a minimum of one and a half (1½) inches in diameter.
B. The storm sewer system line shall be made of reinforced concrete pipe or polyvinyl chloride (PVC) pipe.
The sump pump lines shall be made of PVC, PVC Truss, or PVC corrugated pipe. All structures shall be
built in accordance with City of Indianola Standard Construction Specifications for Subdivi sions.
C. The storm sewer system shall be large enough to provide for anticipated extension of use to serve
additional areas, as set out in Indianola Comprehensive Plan.
D. Storm sewer service lines shall be connected to the City storm sewer system at intakes, manholes, or
directly into the City storm sewer pipe. Tapping storm sewer service lines into the City storm sewers shall
be by using approved methods.
Should it not be possible to install a storm sewer service, as described above, alternate plans may be submitted for
review by the City’s consulting engineer and City staff.
170.22 WATER. The subdivider shall at the subdivider’s expense provide the subdivision with a complete water main
supply system including hydrants, valves and other appurtenances which shall be extended into and through the
subdivision to the boundary lines, and which shall provide a water connection for each lot and shall be connected to
the City water system. Fire hydrants shall be uniform throughout the subdivision and shall meet the standards and
design approved by the Utilities Board of Trustees. Where water mains in excess of eight (8) inches are required, the
additional cost shall be borne by the City if the area is zoned R-2 or R-3. If at the time the main is to be installed the
area in question is zoned R-4, any commercial or any industrial classification, the subdivider may be required to put in
a water main in excess of eight (8) inches at the subdivider’s own expense. Whether the City shall pay a portion of the
additional cost shall be discretionary with the Board of Trustees. Water mains shall extend to the b oundaries of the
subdivision so as to provide for extension by adjoining properties.
170.23 SIDEWALKS. The subdivider, developer or owner of the lot shall at their expense provide a four-foot wide
concrete sidewalk along each lot frontage prior to the occupancy of the structure on the lot except as otherwise
provided herein. In commercial or industrial areas where it can be demonstrated that there will be limited or no need
for sidewalks, the Council may waive or modify the requirement for the installation of sidewalks after review and
report from the Commission. The Council may waive the sidewalk requirement on cul -de-sacs. Any such waiver shall
not be acted upon until the Council has received the recommendation of the Commission.
170.24 MARKERS. The subdivider shall at the subdivider’s expense place an iron rod not less than one -half inch in
diameter and twenty-four (24) inches in length as follows:
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1. Set in concrete three (3) feet deep at the intersection of all lines forming angles in the boundary of th e
subdivision, and at all street intersections.
2. At lot corners and changes in direction of block and lot boundaries.
170.25 GRADING. The subdivider shall at the subdivider’s expense bring all streets and alleys with the platted area
which are being dedicated for public use to the grade approved by the Council.
170.26 CURB AND GUTTER. The subdivider shall at the subdivider’s expense install curb and gutter on all streets in
the plat being dedicated for public use. Curb and gutter shall be constructed of P ortland cement concrete in
accordance with designs and specifications and at grades approved by the Council.
170.27 EROSION CONTROL (REQUIRED IMPROVEMENTS). The subdivider shall be responsible for controlling soil
erosion and surface water runoff within the subdivision during its construction and development and shall provide
erosion and runoff control measures as work progresses on site grading, the installation of sewers or other
improvements or phases of work. Insofar as practical, erosion control measures shall be undertaken prior to any
other development within the subdivision which will contribute to runoff or erosion.
170.28 SURFACING. The subdivider shall at the subdivider’s expense surface all streets being dedicated for public use
from curb to curb. Surfacing shall consist of not less than six (6) inches of Portland cement concrete over a prepared
subgrade and shall be constructed in accordance with designs and specifications and at grades approved by the
Council. Where a surface width in excess of thirty-one (31) feet is required, the cost of the additional surface width,
which shall be assumed to be the center portion of the roadway surface, shall be paid by the City. On collector and
thoroughfare streets where a higher standard than is herein re quired or a thickness of greater than eight (8) inches is
deemed necessary by the Council, the additional cost shall be borne by the City. Where unimproved street right-ofway exists the owner or developer at the owner’s or developer’s own expense shall im prove such right-of-way as
required by this section for the entire width of the lot or lots (or for the entire width and the length of the lot or lots
in the case of lot or lots bordered by more than one street) prior to or contemporaneous with the develop ment of
the lot or lots. The owner or developer shall also improve all other portions of unimproved street right of way serving
such areas.
170.29 SPECIFICATIONS. The type of construction, the materials, the methods, the standards of subdivision
improvements and the maintenance bonds shall be in accordance with the specifications found in a bound volume
which is entitled Iowa Statewide Urban Design and Specification for Public Improvements which is on file in the
Clerk’s office. The Council may from time to time amend by resolution the standard construction specifications for
subdivisions found in the volume. The Clerk shall keep a record of all amendments made to the specifications. Plans
and specifications for subdivisions shall be submitted to the Community Development for approval prior to
construction, and construction shall not be started until the plans and specifications have been approved.
170.30 APPROVAL OF PLANS AND SPECIFICATIONS. The approval of plans and specifications relative to
improvements required by this chapter shall be effective for a period of two (2) years after the approval. If the
required improvements are not in place and accepted by the City within the times specified, the approval shall lapse,
and construction shall not be started and construction under way shall cease until resubmitted plans and
specifications have been approved. The City shall have the right, at the time of the new request for approval, to
require the subdivider to use the type of construction, the materials, the methods and standard of subdivision
improvements equal to the specifications of the City for like work which are in effect at that time. The City may also
require that the subdivider comply with any amended ordinance or ordinances relative to improvement s under this
chapter or any successor chapter relative to subdivision improvements which have been adopted between the time
of initial approval and the renewed approval as herein required. The reapproval as required by this section
specifically applies only to the plans and specifications relative to subdivision improvements and has no application as
to lot sizes, setbacks, lot boundaries, street location or other platting requirements which shall be final on Council
approval unless changed by some other method permitted by law.
170.31 INSPECTION. The subdivider or developer shall cause the installation of all improvements to be inspected to
ensure compliance with the requirements of this chapter. The cost of the inspection shall be borne by the subdivider
or developer. All inspection reports and certificates of compliance shall be filed with the Clerk before any
improvements are accepted by the Council. Before accepting any portion of paving, storm water improvement or
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sanitary sewer system and maintenance thereof which has been constructed under the provisions of Sections 170.19
and Section 170.29 above, the Council reserves the right to have all mains within the sewer system to be dedicated,
televised in order to determine whether they have been properly constructed. The televising shall be at the expense
of the subdivider or party making the dedication.
170.32 ACCEPTANCE. All of the improvements required in this chapter under Sections 170.19 through 170.28 shall,
upon their completion, inspection, approval and acceptance by the City of Indianola, become the property of the City.
170.33 ELECTRIC SERVICE. The City, by and through Indianola Municipal Utilities, shall extend electric service to the
subdivision and shall make electric service available to each lot in the subdivision that is within Indianola Municipal
Utilities’ assigned area of service pursuant to Iowa Code Chapter 476. The City, by and through Indianola Municipal
Utilities, shall install street lighting that is within Indianola Municipal Util ities’ assigned area of service pursuant to
Iowa Code Chapter 476 to current Indianola Municipal Utilities’ standards and specifications. In residential
subdivisions, all electric lines, including individual house service lines installed by the owner or de veloper, shall be
placed underground.
170.34 CHARGE FOR INSTALLATION OF ELECTRICAL SERVICE. The City, by and through Indianola Municipal Utilities,
reserves the right to make a reasonable charge to be paid by the developer, builder or owner for any service
extended as provided by Section 170.33 above. Said charges may be changed from time to time, but shall be in
accordance with a schedule of charges set by the Indianola Municipal Utilities Board of Trustees
170.37 VARIANCES. Where the strict application of standards or requirements established by this chapter would
cause substantial hardship or impose unreasonable restrictions on the development of a tract of land because of
natural or physical conditions or limitations not created by the owner or develop er, the Commission may recommend
and the Council may grant such variances from these standards or requirements as may be necessary to permit the
reasonable development of the land while preserving the intent of this chapter.
170.38 ENFORCEMENT. In addition to other remedies and penalties prescribed by law, the provisions of this chapter
shall not be violated subject to the following:
1. No plat of survey, plat or subdivision in the City or within two (2) miles thereof shall be recorded or filed with the
County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the
provisions of this chapter and has been approved by the Council as prescribed herein.
2. No more than two (2) building permits for principal structures issued for each separate tract existing at the
effective date of this chapter unless the tract shall have been platted in accordance with the provisions contained
herein except planned multiple-family, commercial or industrial complexes under a common ownership and
constructed in accordance with an overall site development plan.
3. No public improvements over which the Council has control shall be made with City funds, nor shall any City
funds be expended for street maintenance, street improvements, or other services in any area that has been
subdivided after the adoption of the regulations in this chapter unless such subdivision and streets have been
approved in accordance with the provisions of this chapter and the street accepted by the Council as a public
street.
4. Any persons who shall dispose of or offer for sale or lease any lots in the City, addition thereto, or within one mile
thereof until the plat shall have been approved, acknowledged and recorded as provided by this chapter and
Chapter 354, Code of Iowa, shall forfeit and pay fifty dollars ($50.00) for each lot or part thereof sold, disposed
of, leased, or offered for sale.
5. No occupancy compliance certificate required by the Zoning Ordinance shall be issued until and unless all
improvements required by this chapter have been made in accordance with the City’s plans and specifications
and accepted by the Council or as may otherwise be provided for elsewhere in this chapter.

ANALYSIS
The preliminary plat submitted creates nine (9) single-family lots which will all be accessed by a new, internal cul-desac (North G Street), which will extend northwest from where it is current stubbed in just north of West Orchard

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Avenue. This plat also creates an outlot located on the west side that will be used for stormwater management.
This proposed single-family development provides an average density of about 1.2 units per acre.
Staff has reviewed the plat as to its conformance to the regulations listed herein. Snyder and Associates has also
provided professional assistance regarding the drainage review of this site. As of the writing of this staff report, there
were a few comments outstanding on both the preliminary plat and the stormwater management plan; however,
none of those comments will have an effect on the design of this subdivision as presented, and the remaining
stormwater management comments can continue to be addressed with the review of the construction documents.
Letters were mailed to property owners within 200 feet of this property on April 30, 2021.

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be approved, as
submitted.
2) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be approved, with
conditions.
3) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be denied.
4) The City of Indianola Planning and Zoning Commission remands preliminary plat, back to the applicant and/or
staff for further review and/or modifications and directs staff to place this item on a future Planning and Zoning
agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 2, recommending the
preliminary plat be approved with the following conditions:
1. The City Council review the recommendation once all outstanding staff comments on the preliminary pl at
have been satisfied.

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Q:\A-FILES\A-2000\A2082\_C3D Drawings\Plat\01 PP Cover.dwg, 4/16/2021 10:36:43 AM, smckinley, 1:1

PRELIMINARY - NOT FOR CONSTRUCTION

PRELIMINARY

CEC

2400 86th Street . Unit 12 . Des Moines, Iowa 50322
515.276.4884 . [email protected]

Civil Engineering Consultants, Inc.

5
6

4
7

LOT A
8

3
9

2

1

PRELIMINARY - NOT FOR CONSTRUCTION

Q:\A-FILES\A-2000\A2082\_C3D Drawings\Plat\02 PP Dim.dwg, 4/16/2021 10:37:04 AM, smckinley, 1:1

CEC

2400 86th Street . Unit 12 . Des Moines, Iowa 50322
515.276.4884 . [email protected]

Civil Engineering Consultants, Inc.

OUTLOT 'X'

5
6

4
7

LOT A
8

3
9

2

1

PRELIMINARY - NOT FOR CONSTRUCTION

Q:\A-FILES\A-2000\A2082\_C3D Drawings\Plat\03 PP Grade Util.dwg, 4/16/2021 10:37:33 AM, smckinley, 1:1

CEC

2400 86th Street . Unit 12 . Des Moines, Iowa 50322
515.276.4884 . [email protected]

Civil Engineering Consultants, Inc.

OUTLOT 'X'

Planning and Zoning
Meeting Date: 05/11/2021

7. F.

Subject
Consider recommendation on request for approval of a Preliminary Plat for Fox Run Plat 2.
Information
Request for preliminary plat approval of residential subdivision that includes 12 lots with 11 single-family
lots and one lot multi-family lots that proposes 36 units.
Attachments
Staff Report
App
PP

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: May 11, 2021
Agenda Item: 7.F. Consider recommendation on request for approval of a Preliminary Plat for Fox Run Plat
2.
Application Type: Preliminary Plat
Applicant: Josh Rabe of Downing Construction
Zoning: R-3, Mixed Residential
Comprehensive Plan Designation: Low/Medium Density Residential
Application Summary: Request for preliminary plat approval of residential subdivision that includes 12 lots
with 11 single-family lots and one lot multi-family lots that proposes 36 units.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
170.05 PRELIMINARY PLATTING PROCEDURE.
1. The owner or developer of any tract of land to be subdivided shall cause a preliminary plat to be prepared, a plat
of the subdivision containing the information specified herein and shall file twelve (12) copies and an electronic
copy with the Clerk.
2. Preliminary plats shall be filed with the Clerk at least fifteen (15) days prior to scheduled Commission meetings.
Adjoining property owners shall be notified of preliminary plats by first class mail at least ten (10) days prior to
Commission meetings.
3. The Clerk shall immediately transmit three (3) copies of the preliminary plat to the Commission for study and
recommendation.
4. The Commission shall examine the plat as to its compliance with this chapter, and the comprehensive plan of the
City and shall have thirty (30) days to submit a recommendation to the Council provided that the owner or
developer may agree to an extension of time not to exceed sixty (60) days. A copy of the recommendation shall
be forwarded to the owner or developer.
5. The Council, upon receipt of the Commission’s recommendation, or after thirty (30) days, or any extension
thereof shall have passed, shall by resolution grant approval or reject the preliminary plat. If the preliminary plat
is rejected, the Council will advise the owner or developer of any changes which are desired or should have
consideration before approval will be given. Upon making such changes, the developer may resubmit the
preliminary plat for approval by the Commission and the Council. Approval of the preliminary plat by the Council
shall constitute approval to proceed with the preparation of the final plat but shall not be deemed approval of
the subdivision.
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170.09 PRELIMINARY PLAT REQUIREMENTS. The preliminary plat shall contain the following information:
1. A location map showing:
A. The subdivision name.
B. An outline of the area to be subdivided.
C. The existing streets and public or community utilities, if any, on adjoining property.
D. North point and scale.
2. A preliminary plat of the subdivision drawn to the scale of fifty (50) feet to one (1) inch, provided that if the
resulting drawing would be over thirty-six (36) inches in its shortest dimension, a scale of one hundred (100) feet
to one (1) inch may be used, said preliminary plat to show:
A. The legal description, acreage and the name of the proposed subdivision.
B. The name and address of the owner.
C. The name of the person who prepared the plat, and the date thereof.
D. The location of existing lot lines, streets, public utilities, water mains, sewers, drainpipes, culverts,
watercourses, bridges, railroads and buildings in the proposed subdivision.
E. Contours at vertical intervals of not more than two (2) feet, based upon City datum, except that where
the slope of the land exceeds twenty-five percent (25%), five (5) foot intervals shall be sufficient.
F. The location and widths, other dimensions and names of the proposed streets, utility easements and
other open spaces or reserved areas.
G. A statement concerning the location and approximate size or capacity of utilities proposed to be
installed.
H. Tract boundary lines showing dimensions, bearings, angles, and references to known lines or bench
marks.
I. The names and addresses of adjacent property owners.
J. Proposed building lines.
K. Grades of proposed streets.
L. A cross-section of the proposed streets showing the roadway location, type and width of surfacing, the
type drainage and other improvements to be installed.
M. The location of proposed wells and/or water mains and sewage disposal system if a public or community
system is used.
N. The drainage of the land including proposed storm sewers, ditches, culverts, bridges and other
structures.
O. North point and graphic scale.
P. The location and dimension of sidewalks to be installed.
Q. Indicate the current Iowa Department of Natural Resources requirement in a note placed on the plat, if
applicable.
R. Indicate current flood zones as determined by FEMA with the platted area.
170.11 DESIGN STANDARDS — STREETS.
1. General Considerations that must comply with the current Iowa Statewide Urban Design Standards for Public
Improvements (“SUDAS”).
A. The street and alley layout shall provide access to all lots and parcels of land within the subdivision.
B. Street jogs of less than 150 feet shall be avoided.
C. Cul-de-sacs shall not exceed 700 feet in length.
D. New subdivisions shall make provisions for continuation and extension of thoroughfares and collector
streets and roads.
E. No dead-end streets will be permitted except at subdivision boundaries and in no event shall any deadend street be in excess of 500 feet.
F. Thoroughfare and collector streets in a subdivision shall extend through to the boundaries thereof, unless
a terminal point within the subdivision is shown in the master street plan.
G. Alleys shall be discouraged in residential areas but shall be provided in commercial and industrial areas
unless other suitable public or private access to loading and service areas is provided.
H. Intersection of road centerlines shall be between 80 degrees and 100 degrees.
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I.
J.

Intersection of more than two (2) streets at a point shall not be permitted.
Where parkways or special types of streets are proposed, the Commission may apply special standards
for the design of such parkways or streets.
K. Proposed streets that are extensions of or in alignment with existing streets shall bear the name of the
existing street. Names of new streets shall avoid duplication of or similarity to existing names of stree ts,
or public and semi-public buildings and areas.
L. Streets, avenues, places and courts shall be named in the following manner:
General direction
Long streets
Short streets
North and south
Streets
Courts
East and west
Avenues
Places
Diagonal
Roads
Ways
Curving
Drives
Lanes
2. Minimum rights-of-way shall be provided as follows:
A. Thoroughfares — 100 feet. In addition, access spacing on thoroughfares is as follows: (i) Intersection
spacing - 600' minimum; (ii) Entrance spacing - 300' minimum; (iii) Separation of Entrance from
Intersection - 150' minimum. (Ord. 1499 – Aug. 12 Supp.)
B. Residential collector streets — 70 feet.
C. Commercial collector streets — 80 feet.
D. Residential streets — 60 feet.
E. Cul-de-sacs — 110 feet in diameter.
F. Alleys — 20 feet.
3. The minimum width of surfacing to be provided shall be as follows:
A. Reserved.
B. Reserved.
C. Commercial collector streets:
(1) Parallel parking — 49 feet.
(2) Angle parking — 61 feet.
D. Residential street — 25 feet or 31 feet within the discretion of the Council.
E. Cul-de-sacs — 85 feet in diameter.
F. Alleys — 20 feet.
G. Sidewalks — 4 feet.
4. Grades. No street grade shall be less than one-half of one percent and shall not exceed the following limits:
A. Thoroughfare streets — 4 percent.
B. Collector streets — 6 percent.
C. Residential streets — 8 percent.
170.12 DESIGN STANDARDS — BLOCKS.
1. The length of blocks shall be not less than 240 feet and not more than 1,250 feet in length.
2. Blocks shall be of sufficient width to permit two (2) tiers of lots of appropriate depth and in no case shall the
width be less than 240 feet, except where a single tier of double frontage lots parallels a limited access highway,
a thoroughfare, drainage course, railroad or other barrier, the width shall be not less than 50 feet.
3. Crosswalks may be required in blocks over 700 feet long or in areas where curbed streets requi re excessive out of
the way travel. If required, they shall be constructed by the developer. Right-of-way for crosswalks shall not be
less than 30 feet, nor more than 45 feet.
170.13 DESIGN STANDARDS — LOTS.
1. All lots shall abut on a street or place. Corner lots which abut on a thoroughfare or collector street shall have a
minimum radius of 25 feet at the intersection.
2. Sidelines of lots shall approximate right angles to straight street lines and radial angles to curbed street lines
except where a variation will provide better lot layout.
3. Lots with double frontage shall be avoided, except in specific locations where good planning indicates their use.
In that event a planting screen shall be provided along the rear of the lot.
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4. Corner lots shall not be less than 80 feet in width and interior lots shall not be less than 70 feet in width at the
building line.
5. Lot depth shall not exceed 2½ times the width.
6. No lot shall have less area than required by the Zoning Ordinance for the district in which it is locate d.
170.14 EASEMENTS.
1. Easement not less than 15 feet in width shall be provided along each side of the front yard lot lines of all lots, and
in the case of corner lots, the side street yard, and along such other lot liens as may be required by public and
private utility companies.
2. Easements of greater width may be required for trunk lines, pressure lines, open drainage courses or high voltage
lines and shall be provided as determined by the utility or Council.
3. Utility easements shall convey to the City, its successors and assigns, the perpetual right within the areas shown
on the plat and described in the easement, to construct, reconstruct, operate and maintain electric lines
consisting of poles, wires, cables, conduits, fixtures, anchors and other similar equipment, including the right to
trim or remove trees within such areas where necessary to secure a clearance of 4 feet from the wires or poles,
together with the right to extend to any telephone, telegraph, electric or power company, the right to use
separately or jointly with the City, the areas included in the easement for the purposes above enumerated.
170.15 PARKS, SCHOOL SITES AND PUBLIC AREAS.
1. In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds and other
common areas for public use so as to conform to any recommendations of the most current Comprehensive Plan.
Any provision for schools, parks and playgrounds should be indicated on the preliminary plan in order that it may
be determined when and in what manner such areas will be provided or acquired by an appropriate taxing
agency.
170.16 NATURAL DRAINAGE COURSES. Whenever any stream or important surface drainage course is located in an
area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for
the purpose of widening, deepening, sloping. improving or protecting the stream or drainage course.
170.17 EROSION CONTROL (DESIGN STANDARDS). Methods for controlling soil erosion shall be in accordance with
current Iowa Department of Natural Resources Standards and requirements of NPDES permit.
170.18 PLANNED DEVELOPMENTS.
1. Purpose. The purpose of this provision is to permit and encourage subdivider’s to utilize imaginative and
innovative concepts in the design, layout and development of subdivisions.
2. Intent. It is not the intent of this provision to lessen the number, size, extent, or type of improvements required
by this chapter, but to permit the reasonable and necessary modification of the requirements in order to allow
development of subdivisions which do not utilize a conventional layout for blocks, lots, streets and other
features. It is the intent of this provision that any such modification or change in requirements be in harmony
with the spirit of this chapter.
3. Procedure. The procedure for the submission and approval of plats for planned developments shall be the same
as for other plats as set forth elsewhere in this chapter.
170.19 SANITARY SEWERS. The subdivider shall at the subdivider’s expense provide the subdivision with a complete
sanitary sewer system including all necessary pumping stations, force mains, pumping equipment and other
appurtenances. which shall connect with a sanitary sewer outlet or treatment facility approved by the Council. The
sewers shall extend to the subdivision boundaries as necessary to provide for the extension of the sewers by adjacent
property. Where sewers in excess of fifteen (15) inches in diameter are required, the additional cost shall be borne by
the City.
170.20 PROHIBITED DISCHARGE. No storm water, surface water, ground water, roof runoff, swimming pool,
subsurface drainage, cooling water or unpolluted water shall be discharged into the City sanitary sewer system. Any
such discharge into the City sanitary sewer system shall be deemed a public nuisance and a municipal infraction.

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170.21 STORM DRAINS.
1. The subdivider shall, at the subdivider’s expense, provide the subdivision with adequate drains, ditches, culverts,
complete bridges, storm sewers, intakes and manholes to provi de the collection and removal of all surface
waters. These improvements shall extend to the boundaries of the subdivision so as to provide for extension by
adjoining properties. Where oversize storm sewers or drainage structures are required to serve other areas of
the watershed, the additional cost shall be borne by the developer.
2. The subdivider shall, at the subdivider’s expense, provide the subdivision with a storm sewer system to
adequately handle a five (5) year rain storm. The system shall include culverts, ditches, intakes, manholes, or any
structure deemed necessary. All such structures shall meet the City of Indianola Standard Specifications. In
addition, the subdivider shall, at the subdivider’s expense, provide the subdivision with overland drainage
courses and easements to adequately handle storm water in excess of a five (5) year rain storm and up to a 100year rain storm. For any subdivision containing new streets, the system shall be designed by a licensed engineer
registered to practice in the State of Iowa.
A. Each lot shall be provided with minimum six (6) inch diameter storm sewer service line that is a minimum
of four (4) feet below ground level, stubbed to the property line, unless the Director of Community
Development determines that sump lines can be taken to an existing overland drainage area. The sump
pump line shall be a minimum of one and a half (1½) inches in diameter.
B. The storm sewer system line shall be made of reinforced concrete pipe or polyvinyl chloride (PVC) pipe.
The sump pump lines shall be made of PVC, PVC Truss, or PVC corrugated pipe. All structures shall be
built in accordance with City of Indianola Standard Construction Specifications for Subdivisions.
C. The storm sewer system shall be large enough to provide for anticipated extension of use to serve
additional areas, as set out in Indianola Comprehensive Plan.
D. Storm sewer service lines shall be connected to the City storm sewer system at intakes, manholes, or
directly into the City storm sewer pipe. Tapping storm sewer service lines into the City storm sewers shall
be by using approved methods.
Should it not be possible to install a storm sewer service, as described above, alternate plans may be submitted for
review by the City’s consulting engineer and City staff.
170.22 WATER. The subdivider shall at the subdivider’s expense provide the subdivision with a complete water main
supply system including hydrants, valves and other appurtenances which shall be extended into and through the
subdivision to the boundary lines, and which shall provide a water connection for each lot and shall be connected to
the City water system. Fire hydrants shall be uniform throughout the subdivision and shall meet the standards and
design approved by the Utilities Board of Trustees. Where water mains in excess of eight (8) inches are required, the
additional cost shall be borne by the City if the area is zoned R-2 or R-3. If at the time the main is to be installed the
area in question is zoned R-4, any commercial or any industrial classification, the subdivider may be required to put in
a water main in excess of eight (8) inches at the subdivider’s own expense. Whether the City shall pay a portion of the
additional cost shall be discretionary with the Board of Trustees. Water mains shall ex tend to the boundaries of the
subdivision so as to provide for extension by adjoining properties.
170.23 SIDEWALKS. The subdivider, developer or owner of the lot shall at their expense provide a four-foot wide
concrete sidewalk along each lot frontage prior to the occupancy of the structure on the lot except as otherwise
provided herein. In commercial or industrial areas where it can be demonstrated that there will be limited or no need
for sidewalks, the Council may waive or modify the requirement for the installation of sidewalks after review and
report from the Commission. The Council may waive the sidewalk requirement on cul -de-sacs. Any such waiver shall
not be acted upon until the Council has received the recommendation of the Commission.
170.24 MARKERS. The subdivider shall at the subdivider’s expense place an iron rod not less than one -half inch in
diameter and twenty-four (24) inches in length as follows:
1. Set in concrete three (3) feet deep at the intersection of all lines forming angles in the b oundary of the
subdivision, and at all street intersections.
2. At lot corners and changes in direction of block and lot boundaries.

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170.25 GRADING. The subdivider shall at the subdivider’s expense bring all streets and alleys with the platted area
which are being dedicated for public use to the grade approved by the Council.
170.26 CURB AND GUTTER. The subdivider shall at the subdivider’s expense install curb and gutter on all streets in
the plat being dedicated for public use. Curb and gutter shall be constructed of Portland cement concrete in
accordance with designs and specifications and at grades approved by the Council.
170.27 EROSION CONTROL (REQUIRED IMPROVEMENTS). The subdivider shall be responsible for controlling soil
erosion and surface water runoff within the subdivision during its construction and development and shall provide
erosion and runoff control measures as work progresses on site grading, the installation of sewers or other
improvements or phases of work. Insofar as practical, erosion control measures shall be undertaken prior to any
other development within the subdivision which will contribute to runoff or erosion.
170.28 SURFACING. The subdivider shall at the subdivider’s expense surface all streets being dedicated for public use
from curb to curb. Surfacing shall consist of not less than six (6) inches of Portland cement concrete over a prepared
subgrade and shall be constructed in accordance with designs and specifications and at grades approved by the
Council. Where a surface width in excess of thirty-one (31) feet is required, the cost of the additional surface width,
which shall be assumed to be the center portion of the roadway surface, shall be paid by the City. On collector and
thoroughfare streets where a higher standard than is herein required or a thickness of greater than eight (8) inches is
deemed necessary by the Council, the additional cost shall be borne by the City. Where unimproved street right-ofway exists the owner or developer at the owner’s or developer’s own expense shall improve such right -of-way as
required by this section for the entire width of the lot or lots (or for the entire width and the length of the l ot or lots
in the case of lot or lots bordered by more than one street) prior to or contemporaneous with the development of
the lot or lots. The owner or developer shall also improve all other portions of unimproved street right of way serving
such areas.
170.29 SPECIFICATIONS. The type of construction, the materials, the methods, the standards of subdivision
improvements and the maintenance bonds shall be in accordance with the specifications found in a bound volume
which is entitled Iowa Statewide Urban Design and Specification for Public Improvements which is on file in the
Clerk’s office. The Council may from time to time amend by resolution the standard construction specifications for
subdivisions found in the volume. The Clerk shall keep a record of all amendments made to the specifications. Plans
and specifications for subdivisions shall be submitted to the Community Development for approval prior to
construction, and construction shall not be started until the plans and specifications have been appro ved.
170.30 APPROVAL OF PLANS AND SPECIFICATIONS. The approval of plans and specifications relative to
improvements required by this chapter shall be effective for a period of two (2) years after the approval. If the
required improvements are not in place and accepted by the City within the times specified, the approval shall lapse,
and construction shall not be started and construction under way shall cease until resubmitted plans and
specifications have been approved. The City shall have the right, at the time of the new request for approval, to
require the subdivider to use the type of construction, the materials, the methods and standard of subdivision
improvements equal to the specifications of the City for like work which are in effect at that time. The City may also
require that the subdivider comply with any amended ordinance or ordinances relative to improvements under this
chapter or any successor chapter relative to subdivision improvements which have been adopted between the time
of initial approval and the renewed approval as herein required. The reapproval as required by this section
specifically applies only to the plans and specifications relative to subdivision improvements and has no application as
to lot sizes, setbacks, lot boundaries, street location or other platting requirements which shall be final on Council
approval unless changed by some other method permitted by law.
170.31 INSPECTION. The subdivider or developer shall cause the installation of all improvements to be inspected to
ensure compliance with the requirements of this chapter. The cost of the inspection shall be borne by the subdivider
or developer. All inspection reports and certificates of compliance shall be filed with the Clerk before any
improvements are accepted by the Council. Before accepting any portion of paving, storm water improvement or
sanitary sewer system and maintenance thereof which has been constructed under the provisions of Sections 170.19
and Section 170.29 above, the Council reserves the right to have all mains within the sewer system to be dedicated,
televised in order to determine whether they have been properly constructed. The televising shall be at the expense
of the subdivider or party making the dedication.
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170.32 ACCEPTANCE. All of the improvements required in this chapter under Sections 170.19 through 170.28 shall,
upon their completion, inspection, approval and acceptance by the City of Indianola, become the property of the City.
170.33 ELECTRIC SERVICE. The City, by and through Indianola Municipal Utilities, shall extend electric service to the
subdivision and shall make electric service available to each lot in the subdivision that is within Indianola Municipal
Utilities’ assigned area of service pursuant to Iowa Code Chapter 476. The City, by and through Indianola Municipal
Utilities, shall install street lighting that is within Indianola Municipal Utilities’ assigned area of service pursuant to
Iowa Code Chapter 476 to current Indianola Municipal Utilities’ standards and specifications. In residential
subdivisions, all electric lines, including individual house service lines installed by the owner or developer, shall be
placed underground.
170.34 CHARGE FOR INSTALLATION OF ELECTRICAL SERVICE. The City, by and through Indianola Municipal Utilities,
reserves the right to make a reasonable charge to be paid by the developer, builder or owner for any service
extended as provided by Section 170.33 above. Said charges may be changed from time to time, but shall be in
accordance with a schedule of charges set by the Indianola Municipal Utilities Board of Trustees
170.37 VARIANCES. Where the strict application of standards or requirements established by this chapter would
cause substantial hardship or impose unreasonable restrictions on the development of a tract of land because of
natural or physical conditions or limitations not created by the owner or developer, the Commission may recommend
and the Council may grant such variances from these standards or requirements as may be necessary to permit the
reasonable development of the land while preserving the intent of this chapter.
170.38 ENFORCEMENT. In addition to other remedies and penalties prescribed by law, the provisions of this chapter
shall not be violated subject to the following:
1. No plat of survey, plat or subdivision in the City or within two (2) miles thereof shall be recorded or filed with the
County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the
provisions of this chapter and has been approved by the Council as prescribed herein.
2. No more than two (2) building permits for principal structures issued for each separate tract existing at the
effective date of this chapter unless the tract shall have been platted in accordance with the provisions contained
herein except planned multiple-family, commercial or industrial complexes under a common ownership and
constructed in accordance with an overall site development plan.
3. No public improvements over which the Council has control shall be made with City funds, nor shall any City
funds be expended for street maintenance, street improvements, or other services in any area that has been
subdivided after the adoption of the regulations in this chapter unless such subdivision and streets h ave been
approved in accordance with the provisions of this chapter and the street accepted by the Council as a public
street.
4. Any persons who shall dispose of or offer for sale or lease any lots in the City, addition thereto, or within one mile
thereof until the plat shall have been approved, acknowledged and recorded as provided by this chapter and
Chapter 354, Code of Iowa, shall forfeit and pay fifty dollars ($50.00) for each lot or part thereof sold, disposed
of, leased, or offered for sale.
5. No occupancy compliance certificate required by the Zoning Ordinance shall be issued until and unless all
improvements required by this chapter have been made in accordance with the City’s plans and specifications
and accepted by the Council or as may otherwise be provided for elsewhere in this chapter.

ANALYSIS
The preliminary plat submitted creates 11 single-family lots and one multi-family lot that will contain 36 units within
six buildings that will each contain six row units. This development will be accessed by a new, internal road that will
connect North 7th street and East Norwood Avenue, and proposes a private hammerhead drive for the 36 multifamily units. This plat also creates an outlot located on the north side that will be used for stormwater management.
This proposed development provides an average density of about 4.51 units per acre.
The comprehensive plan identifies a park to be located generally in this area, on the north side of this property.
According to the applicant, the property owner wishes to donate Outlot X to the City for park ground.
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Staff has reviewed the plat as to its conformance to the regulations listed herein. Fox Engineering has also provided
professional assistance regarding the drainage review of this site. As of the writing of this staff report, there were a
few comments outstanding on both the preliminary plat and the stormwater management plan; however, none of
those comments will have an effect on the design of this subdivision as presented, and the remaining stormwater
management comments can continue to be addressed with the review of the construction do cuments.
Letters were mailed to property owners within 200 feet of this property on April 30, 2021.

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be approved, as
submitted.
2) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be approved, with
conditions.
3) The City of Indianola Planning and Zoning Commission recommends the preliminary plat be denied.
4) The City of Indianola Planning and Zoning Commission remands preliminary plat, back to the applicant and/or
staff for further review and/or modifications and directs staff to place this item on a future Planning and Zoning
agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 2, recommending the
preliminary plat be approved with the following conditions:
1. The City Council review the recommendation once all outstanding staff comments on the preliminary plat
have been satisfied.

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Deciduous Tree \\ Shrub

ENGINEER/SURVEYOR

SNYDER & ASSOCIATES, INC.
CONSULTING ENGINEERS & PLANNERS
2727 SW SNYDER BOULEVARD
ANKENY, IOWA 50023
(515)964-2020
JASON LEDDEN, P.E.
ERIN GRIFFIN, PLS

65

Coniferous Tree \\ Shrub
Communication
Overhead Communication
Fiber Optic
Underground Electric
Overhead Electric
Gas Main with Size
High Pressure Gas Main with Size
Water Main with Size
Sanitary Sewer with Size
Duct Bank
Test Hole Location for SUE w/ID

69

PARKING REQUIREMENTS

2 SPACES PER UNIT
36 UNITS X 2 SPACES = 72 SPACES REQUIRED
1 SPACE PER GARAGE AND 1 SPACE PER DRIVEWAY PROVIDED

GENERAL NOTES

1. PROPER SOIL EROSION TECHNIQUES WILL BE COMPLETED DURING
CONSTRUCTION.
2. PUBLIC IMPROVEMENTS TO BE INSTALLED TO SUDAS STANDARDS AND
CITY OF INDIANOLA SUPPLEMENTAL SPECIFICATIONS.
3. THE DEVELOPER IS RESPONSIBLE TO INSTALL STREETLIGHTS IN THE
PLAT.
4. SOURCE OF WATER SUPPLY: INDIANOLA MUNICIPAL UTILITIES
SEWAGE DISPOSAL: CITY OF INDIANOLA SANITARY SEWER
5. ALL HOMES SHALL HAVE AT LEAST ONE RAIN BARREL CONNECTED TO A
DOWNSPOUT.
6. AN INFILTRATION TRENCH WITH SUBDRAIN IS PROPOSED IN THE REAR
OF LOTS 5-11.

INDEX OF SHEETS

IOWA REGIONAL COORDINATE SYSTEM ZONE 8 (IA-AMES-DSM)
NAD83(2011)(EPOCH 2010.00) IARTN DERIVED - US SURVEY FEET

NOT TO SCALE

VICINITY MAP

Sheet Number

Sheet Title

C100

PRELIMINARY PLAT - TITLE SHEET

C200

PRELIMINARY PLAT - DIMENSION AND UTILITY PLAN

C300

PRELIMINARY PLAT - GRADING PLAN

INDIANOLA, IOWA

CP3 N=7409341.44 E=18545428.43 Z=947.92
SET CUT "X" AT BACK OF CURB INTAKE WEST SIDE 7TH COURT,
+-50' NORTH OF LINCOLN AVE (AS SHOWN ON SURVEY)

BM500

ELEV=947.92
SET CUT "X" AT BACK OF CURB INTAKE WEST SIDE 7TH
COURT, +-50' NORTH OF LINCOLN AVE (CP3)

FE SSIONAL
PRO

I hereby certify that this engineering document
was prepared by me or under my direct personal
supervision and that I am a duly licensed
Professional Engineer under the laws of the
State of Iowa.

JASON A.
LEDDEN
P24117
I O WA

NEER

NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88 - GEOID12A)
IARTN DERIVED - US SURVEY FEET

L I CEN
SE
D

CP4 N=7409894.55 E=18545176.67 Z=922.01
SET CUT "X" SOUTH SIDE NORWOOD AVE, +- 5' NORTH OF
LIGHT POLE, +-25' EAST OF 7TH STREET (AS SHOWN ON SURVEY)

GI
EN

V:\Projects\2021\121.0091.01\CADD\PP01_1210091_TITL.dwg RILEY BARNES, PRELIMINARY PLAT - TITLE SHEET, 2021/04/30, 12:09 PM, ANSI FULL BLEED D (34.00 X 22.00 INCHES)

MULIT-FAMILY DWELLING (UNITS 1-36)
MINIMUM LOT AREA = 6,000 SF FOR FIRST UNIT, PLUS 1,200 SF FOR EACH
ADDITIONAL UNIT UP TO 12 AND 750 SF FOR
ADDITIONAL UNIT OVER 12.
MINIMUM LOT WIDTH = 80'
FRONT YARD SETBACK = 25'
REAR YARD SETBACK = 30'
SIDE YARD SETBACK = 10'

CONTROL POINTS

BENCHMARKS

Sheet C100

SINGLE-FAMILY DWELLING (LOTS 1-11)
MINIMUM LOT AREA = 7,200SF
MINIMUM LOT WIDTH = 60'
FRONT YARD SETBACK = 25'
REAR YARD SETBACK = 30'
SIDE YARD SETBACK = 8'

PROJECT LOCATION

Storm Sewer with Size
Storm Manhole
Single Storm Sewer Intake
Double Storm Sewer Intake
Fire Hydrant
Fire Hydrant on Building
Water Main Valve
Water Service Valve
Well
Utility Pole
Guy Anchor
Utility Pole with Light
Utility Pole with Transformer
Street Light
Yard Light
Electric Box
Electric Transformer
Traffic Sign
Communication Pedestal
Communication Manhole
Communication Handhole
Fiber Optic Manhole
Fiber Optic Handhole
Gas Valve
Gas Manhole
Gas Apparatus
Fence Post or Guard Post
Underground Storage Tank
Above Ground Storage Tank
Sign
Satellite Dish
Mailbox
Sprinkler Head
Irrigation Control Valve

CP5 N=7409913.01 E=18545963.27 Z=930.85
SET 21" REBAR RPC, +-25' WEST OF MANHOLE, +- 50' SOUTH OF FES,
+-300' NORTH OF BASKETBALL COURT (AS SHOWN ON SURVEY)

Project No:
121.0091.01

BULK REGULATIONS

Sanitary Manhole

CP2 N=7409342.65 E=18545285.20 Z=944.72
FND 58" REBAR YPC. SW CORNER PROPERTY, +-5' EAST OF
PEDESTAL (AS SHOWN ON SURVEY)

T-R-S:TTN-RRW-SS

R-3: MIXED RESIDENTAIL

(*) Denotes the survey quality service level for utilities

CP1 N=7409428.00 E=18545909.71 Z=936.27
FND 85" REBAR YPC, 7884. SE CORNER PROPERTY +- 25' SOUTH OF
SW CORNER BASKETBALL COURT (AS SHOWN ON SURVEY)

Scale: 1" = 500'

ZONING

515-964-2020 | www.snyder-associates.com

●

DOWNING CONSTRUCTION, INC.
509 E SCENIC VALLEY AVE
INDIANOLA, IOWA 50126
CONTACT: JOSH RABE
PHONE: 515-961-5386

ANKENY, IOWA 50023

○

APPLICANT

|

X 1225.25
12
25

SNYDER & ASSOCIATES, INC.

X 1225.25
12
25

2727 S.W. SNYDER BLVD

PROPOSED

MARK

OUTLOT "Z" OF FOX RUN PLAT 1, BEING AN OFFICIAL PLAT INCLUDED AND
FORMING PART OF THE CITY OF INDIANOLA, WARREN COUNTY, IOWA AND
CONTAINING 10.41 ACRES (453595 SF).

Date: 04/30/21

PROPERTY DESCRIPTION

Technician:
RMB

REVISION

PRELIMINARY PLAT - 2021

Checked By:JAL

FOX RUN PLAT 2

Engineer:LMW

P
M
R
D
C
MPE

EXISTING

Spot Elevation
Contour Elevation
Fence (Barbed, Field, Hog)
Fence (Chain Link)
Fence (Wood)
Fence (Silt)
Tree Line
Tree Stump

SET

INDIANOLA, IA

FEATURES

FOUND

PRELIMINARY PLAT - TITLE SHEET

Section Corner
1/2" Rebar, Cap # 11579
(Unless Otherwise Noted)
ROW Marker
ROW Rail
Control Point
Bench Mark
Platted Distance
Measured Bearing & Distance
Recorded As
Deed Distance
Calculated Distance
Minimum Protection Elevation
Centerline
Section Line
1/4 Section Line
1/4 1/4 Section Line
Easement Line

FOX RUN PLAT 2

FEATURES

DATE

BY

LEGEND

Date

Jason A. Ledden, P.E.
License Number

P24117

My License Renewal Date is December 31, 2022
Pages or sheets covered by this seal:

C100 - C300

Project No:

121.0091.01

Sheet C100

Sheet C200
Project No:
121.0091.01

L-1

L-1

STREET ℄
L-1
2' MIN

MARK

7" P.C.C. C-4 MIX
NOTE:
A GEOTECHNICAL ENGINEER SHALL INSPECT THE SUBGRADE
PRIOR TO CONCRETE PLACEMENT TO VERIFY SUBGRADE
COMPACTION, MOISTURE CONTENT, AND DEPTH.

PREPARED SUBGRADE (2-6" LIFTS) (95% COMPACTION)
(-1% TO +4% OF OPTIMUM MOISTURE CONTENT)
(PROOF ROLL AS PER SOILS REPORT)
(PROVIDE 3 LONGITUDINAL JOINTS AS SHOWN)
(LONGITUDINAL JOINTING SHALL MATCH EXISTING
ROAD AT CONNECTIONS)

N 7TH COURT CROSS-SECTION
NOT TO SCALE

AN
T

CO

Concrete

th Court

3

VE
RA
GE

ACK
ING SETB
D
IL
U
B
'
0
3

6' x 6' Patio
(Typ.)

14

Existing 20' Storm Sewer
24
Easement (Bk 2007, Pg 7644) " ST
10' PUE

Wood
Fence
Concrete
Edge

r: R
10 yan C
0
Zo Indi 1 E M . & J
nin ano
ad ulie
g:
R-3 la, Io ison A. W
Mix wa 5 Ave erlin
.
g
0
ed
Re 125
sid
en
tial

Existing 20' Sanitary
Sewer Easement

13

5"W
Own
S82°49'4
er: Jo
han
'
0
.1
2
5
2
Owne
812 E sen Ente
rpri
r: Joh
Linco
S89°45'19"W
India
anse
ln Av ses LLC
n
Owne
o
n
Z
l
o
a
E
e.
808 E
ning:
,
n
r: Joh
111.25'
R-3 M Iowa 501
Linco terprises L
ansen
I
n
d
25
ln Av
LC
iano
ixed
Intake=947.23
Ent
804 E
e.
Z
Resid
Linco erprises LLoning: R la, Iowa 5
F.L.=942.93 15" RCP W
entia
I
n
0
ln
3 Mix
C
Ave.
l
Owner: Johansen Enterprises LLC Zon dianola, Io
ed Re 125
in
w
g
a
s
: R-3
i
800 E Lincoln Ave.
5
d
0
e
125
ntial
Mixed
Indianola, Iowa 50125
Resid
e
n
l
tial
Zoning: R-3 Mixed Residentia

Ow
ne

|

SNYDER & ASSOCIATES, INC.

21" SAN

F.L.=936.42
24" RCP S

18.0'

FOX RUN PLAT 2

8" SAN

ST
24"

25' BUILDING SETBACK

8" SAN

15" ST

65'
47'

S89°42'59"W
125.09'
Rim=947.74
F.L.=942.64 15" RCP N
Open E To Intake
Intake=947.27
F.L.=942.67 15" RCP E

24.0'

22
5'
HY
DR

Existing 20' PUE
(Bk 2007, Pg 7644)

S0°04'09"E
18.00'

6

9

TBACK

2

3

5

8

16
15

Wood
Fence

30' BUILDING SETBACK

9.0'

8,107 SF
0.19 AC

1

4

7

10 11 12

17

S0°18'50"W
160.66'

133,140 SF
3.06 AC

Existing 30' Sanitary
Sewer Easement

Existing 20' Sanitary Sewer
Easement To Be Vacated

18

30' BUILDING SETBACK

263'

24" ST
T
"S

CK
G SETBA

12

DING SE

C2

Field
Fence

25' BUIL

DRIVE
PRIVATE

15' PUE

F.L.=940.88
15" RCP S

Rim=934.87
F.L.=921.47 21" PVC E
F.L.=921.42 21" PVC W
F.L.=922.02 8" PVC S

19

T
"S

Existing 20' Storm Sewer
Easement (Bk 2007, Pg 7644)

8"W

8,156 SF
0.19 AC

21

25.4'

10' PUE

Existing 40' Sanitary Sewer Easement
(Book 86, Page 372-374) To Be Vacated

Rim=936.03
F.L.=917.68 21" DIP N
F.L.=918.28 15" DIP NE
F.L.=917.83 21" DIP E

24

25' BUILDING SETBACK

8" SAN

26.0'

24

N 7TH COURT

15" ST

25' BUILD
8"W

27.8'

26.0' B/B

22

30' Sanitary
Sewer Easement

23.3'

ACK
ING SETB

26.0'

15" ST

23

8"W

60'

44'

21'

5.0'

Field
Fence

24

18.0'

IN

60.0' ROW

10' BUILDING SETBACK

20

8" SAN

65'

31
34 33 32

27 26 25
28
29
30

5.0'

65'

24.0'

24.2'

25' BUILDING SETBACK

T
15" S

8" SAN

6' x 6' Patio
(Typ.)

36 35

324'

10' Trail Easement
10' PUE
30' BUILDING SETBACK
Existing 20' Sanitary
Sewer Easement
To Be Vacated

25' BUILD

2

15' Drainage
125'
Easement
10' PUE

FUTURE TRAIL

VERAGE
225' HYDRANT CO

PRELIMINARY PLAT - DIMENSION AND UTILITY PLAN

24" ST

54'

9,144 SF
0.21 AC

9.0'

156'

TRA
IL

T

65'

4%

5' SIDEWALK

PROFILE GRADE

er:
K
70 adin
0
U
Zo rba 8 M g Pro
nin
a
n
g: dale diso pertie
R-3 , Io n A
s
Mix wa ve. LLC
ed 503
Re 22
sid
en
tial

S
24"

8"W

65'

5' SIDEWALK

1.5%

Ow
n

Existing 40' Sanitary Sewer Easement
(Book 86, Page 372-374)

AN

3

8,172 SF
0.19 AC

1

F.L.=923.09
36" RCP W

30' Sanitary Sewer
Easement

103'

8
"
SA
N

'

11

8" S

126'

65'

4%

ST

59

'

120

15' PUE

4

8,189 SF
0.19 AC

65'

26' B/B

30"

K
AC
TB
SE

FUT
URE

OVERAGE

126'

65'

REVISION

S0°09'43"E
492.20'

'

G
IN

225' HYDRANT C

8,141 SF
0.19 AC

425.83'
N0°17'36"W

60' R.O.W.

T-R-S:TTN-RRW-SS

(18545529.88,7409529.89)

Date: 04/30/21

(18545493.71,7409527.55)

Technician:
RMB

N86° 17' 32"E

Checked By:JAL

36.27

608-838-0444 | www.snyder-associates.com

26
.0'
60
B/
.0
B
'R
OW

85

LD

10

8,520 SF
0.20 AC

15" ST

5

2

O
Fox utlot
"Z
R
453 un PL "
a
,59
5s t1
f

121'

122'

Owner: Ray Dean

Owner: Kevin C. & Lori L Hamilton
704 E Lincoln Ave.
Indianola, Iowa 50125
Zoning: R-3 Mixed Residential

300.00

S0°09'43"E
492.20'

0'
12

15

UI
'B

ST

V:\Projects\2021\121.0091.01\CADD\PP02_1210091_DIM.dwg RILEY BARNES, PRELIMINARY PLAT - DIMENSION AND UTILITY PLAN, 2021/04/30, 12:09 PM, ANSI FULL BLEED D (34.00 X 22.00 INCHES)

183,589 SF
4.21 AC

0'
12

15"

Building
& Mary Ellen Lowe Line
1302 N 7th St.
Indianola, Iowa 50
125
Zoning: R-3 Mixed
Residential

C2

25
'
59

"S
T

15' Drainage
Easement

Ow

oyl
e
1
3
I
Wood
Zo ndi
0 L.
nin ano 4 N & Ph
Fence
7th ylli
g:
l
a
R-3 , Io
S s No
Mix wa 5 t.
rris
ed
01
2
Re
sid 5
en
tial

OUTLOT "X"

8,458 SF
0.19 AC

'

126'

ne
r: D

(18545440.40,7409633.94)

Rim=930.57
F.L.=919.47 15" DIP SW
F.L.=919.52 15" DIP N

9

62

10' PUE

Ru

sse
ll
Chain Link
1 J.
Zo Indi 306 II & K
Fence
nin ano N
y
7th rsta
g:
l
a
,
R-3
lM
Io
S
.D
Mix wa 5 t.
alto
ed
01
n
Re 25
sid
en
tial

(18545310.55,7409852.88)

MADISON. WISCONSIN 53718

AN

15' PUE

'

12,634 SF
0.29 AC

ne

ne
r:

S30° 40' 22"E

5

6

Ow

r: R
on
1
Zo Indi 308 ald S
nin ano
N
ch
g:
R-3 la, Io 7th S oenin
g
Mix wa 5 t.
ed
01
Re 25
sid
en
tial

267.07

Existing 40' Sanitary
Sewer Easement
(Bk 86, Pg 372-374)

0.20 AC

C1

nA
.&
1
Zo Indi 310 Lore
nin ano N
t
7 ta
g:
R-3 la, Io th S J. W
ied
Mix wa 5 t.
ma
01
ed
ier
Re 25
sid
Link
Chain
en
tial
Fence

250.00

5010 VOGES ROAD

12

0'

20' Sanitary Sewer
Easement

8

8"
S

48

15

Bri
a

Ow

RCP

Existing 20' Sanitary Sewer Easement
(Book 44, Page 271)

1'

er:

42"

'

19

Tim
&
1
Zo Indi 314 Ellen
nin ano N
7 K.
g:
R-3 la, Io th S Mc K
nig
Mix wa 5 t.
ht
01
ed
Re 25
sid
en
tial

C1

INDIANOLA, IA

88

Field
Fence

ne
r:

END POINT (N,E)

F.L.=921.48
36" RCP E

Unable To
Open

9,531 SF
0.22 AC

Fre

Ow

START POINT (N,E)

95% COMPACTION OF
BACK FILL (TYP.)

7

T
18" S

Ave

CHORD DIRECTION

Engineer:LMW

'

"S
T

rete

LENGTH (FT)

21" SAN

onc

RADIUS (FT)

E TR
114

de
ric
1
I
3
Zo ndi 16 k D.
nin an
&
g: ola N 7th Del
R-3 , Io
S inda
Mix wa 5 t.
C.
ed 01
Fit
ch
Re 25
sid
en
tial

Ow
n

Abandoned
Circular
Intake

'

orw
ood
C

CURVE #

84

er:

FUTU
R

F.L.=910.47
24" CMP E

20' Storm Sewer Easement
F.L.=920.72
8,848 SF
18" RCP NW

Eas
tN

Ow
n

& Elizab
eth H. F
reese Re
603 E H
vocable
illc
Trust
Indianola rest Ave.
, Iowa 50
Zoning:
125
A-1 Agri
cultural

AIL

362.00'
N0°18'52"W

632.12'
S82°21'0
1"E

Rim=923.43
F.L.=912.08 8" PVC W
4

ALIGNMENT CURVE

obert L.

Scale: 1" =40'

BY

Owner: R

120'

Owner: Bran
d
o
n
W
. & Tiffany
K. Co
ch
ra
n
704 E Norwo
o
Indianola, Io d Ave.
Zoning: R-3 M wa 50125
ixed Residen
tial

RIm=925.90
F.L.=920.05 18" RCP NW
F.L.=920.05 18" RCP SE

Field
Fence

DATE

Owner: Brand
on W. & Tiffan
y
K. Coch n
ra
704 E Norwoo
d Ave.
Indianola, Iow
a 50125
Zoning: R-3 M
ixed Residen
tial

Existing 20' Sanitary Sewer
Easement
(Bk 44, Pg 271)

Field
Fence

1

225' HYDRANT COVERAGE
S89°53'42"W
136.39'
Owne

r: Joh
ans
900 E en Enterp
rises
Linco
Ind
LLC
l
Zonin ianola, Iow n Ave.
g: R-3
a 501
25
Mixed
Resid
ential

Owne

r: Jas
on A
1000 . & Annet
t
Indian E Lincoln e M. Jauro
A
n
o
v
la
Zonin
e
g: R-3 , Iowa 50 .
1
25
Mixed
Resid
ential

40

0
FEET

Project No:

121.0091.01

Sheet C200

5

943
94

6

945

941

7
94

Sheet C300

T-R-S:TTN-RRW-SS

Scale: 1" =40'

Project No:
121.0091.01
5010 VOGES ROAD

608-838-0444 | www.snyder-associates.com

Date: 04/30/21
Technician:
RMB

923

92
2

MADISON. WISCONSIN 53718

Checked By:JAL

MARK

INDIANOLA, IA

92
0

|

934

933

932

21" SAN

934

Wood
Fence

942

30' BUILDING SETBACK

1

945

Owne

r: R
10 yan C
0
Zo Indi 1 E M . & Ju
a
nin
g: nola, adiso lie A.
R-3
n
Io
W
Mix wa 5 Ave erlin
g
01 .
ed
Re 25
sid
en
tial

Existing 20' Sanitary
Sewer Easement

13

94

ne

SNYDER & ASSOCIATES, INC.

935

8" SAN
6

942
941
30' BUILDING
940 SETBACK
939
938
937
936
935

93
6

93
7

93
8
T
94

933

935

937 936

1

Wood
Fence
Concrete
Edge

Ow

PRELIMINARY PLAT - GRADING PLAN

5
93

931

24" ST

24" ST
8"W

T
"S
940

24"
S

14

FOX RUN PLAT 2

990098
906
904
903
Owne

925

922

915

991123

915

914
950

945

944

15" ST

BY

92
0

25

920

945

945

8" SAN

1
94

942

25' BUILDING SETBACK

94
0

0

Engineer:LMW

F9U25TU
9
R

925
925

920

●
5
25' BUILDING SETBACK

8" SAN

15" ST
940

93
9

937
0
N 7TH94COURT

8
93

9 0
25' BUILDING4SETBACK

93
6

93
7

935
93
6

24

'R

5
93

940

948

93
4

93

2
93
93
3
934

945

B/
B

60
.0

935

●

Concrete

●

94

T

han
812 E sen Ente
FENCE
SILT
rprise
r: Joh
Lin
India
ansTYP
nola, coln Ave s LLC
en En
Owne
Z
o
8
n
.
0
Io
ing: R
te
r: Joh
8EL
ansen
incoln rprises LL
-3 Mi wa 50125
I
n
d
i
ano
xed R
Intake=947.23
C
Ent
Av
804 E
Z
eside
Linco erprises LLoning: R- la, Iowa 5 e.
F.L.=942.93 15" RCP W
I
ntial
n
0
ln
d
3
C
1
ia
Ave.
25
Mixed
nola,
Owner: Johansen Enterprises LLC Zon
Iowa
R
ing: R
e
s
i
800 E Lincoln Ave.
501
denti
-3 Mix
al
ed Re 25
Indianola, Iowa 50125
s
id
ential
Zoning: R-3 Mixed Residential

●

7th Court

●

948

●

94

●

94
3
4

●

94

●

15
"

26
.0'

OW

8

933

920

SA
N

8"

ST

"
S
AN

V:\Projects\2021\121.0091.01\CADD\PP03_1210091_GRA.dwg RILEY BARNES, PRELIMINARY PLAT - GRADING PLAN, 2021/04/30, 12:09 PM, ANSI FULL BLEED D (34.00 X 22.00 INCHES)

●

er: Jo

●

Own

F.L.=936.42
24" RCP S

2
94

"S

●

94
8

947

15

●

942
CK
943 0' BUILDING SETBA
3
944

16

940

24

932

1

940

r: Joh
ans
900 E en Enterp
rises
Linco
Ind
LLC
l
Zonin ianola, Iow n Ave.
g: R-3
a 501
25
Mixed
Resid
ential

940

945
8
9420'
PUE
Existing
946
9477644)
(Bk 2007, Pg
949
948

Easement (Bk 2007, Pg 7644)
10' PUE

17

●

940
940Existing 20' Storm Sewer

941

930

942

929

0

94

Existing 20' Sanitary Sewer
Easement To Be Vacated

18

TBACK

9
93

Existing 30' Sanitary
Sewer Easement

931

939

942

DING SE

942

928

19

25' BUIL

3

9

8

Rim=934.87
F.L.=921.47 21" PVC E
F.L.=921.42 21" PVC W
F.L.=922.02 8" PVC S

Rim=936.03
F.L.=917.68 21" DIP N
F.L.=918.28 15" DIP NE
F.L.=917.83 21" DIP E

8

10 11 12

10' PUE

21

94

943

927

947

22

940

12

30' Sanitary
Sewer Easement

MPE = 922.00
Existing 40' Sanitary Sewer Easement
(Book 86, Page 372-374) To Be Vacated

93

133,140 SF
3.06 AC

941
15' PUE

8" SAN

Field
Fence

Field
Fence

24

23

T

947

Rim=947.74
F.L.=942.64 15" RCP N
Open E To Intake
Intake=947.27
F.L.=942.67 15" RCP E
Existing 15' PUE

2

926

"S

94
6

F.L.=940.88
15" RCP S

1

10' BUILDING SETBACK

20

5

8,107 SF
0.19 AC

94
5

934

24

93
9

r: K
70 adin
Zo Urba 08 M g Pro
nin
a
n
g: dale dison pertie
R-3 , Io
s
A
Mix wa ve. LLC
ed 503
Re 22
sid
en
tial

T

5

CK

7

6

933
925

934

94

8,156 SF
0.19 AC

4

3

5

931

T
15" S

93

5

2

2

1

94

26.0' B/B

2

1

942

9945
00

A
ING SETB

15" ST

15' Drainage
Easement
10' PUE
941

Building
& Mary Ellen Lowe Line
1302 N 7th St.
Indianola, Iowa 50
125
Zoning: R-3 Mixed
Residential

50

DRIVE
PRIVATE

94

25' BUILD

60.0' ROW

939
Existing 20' Storm Sewer
Easement (Bk 2007, Pg 7644)

Owner: Ray Dean

9

ACK
ING SETB
D
IL
U
B
'
5
2
8"W

94
4

8"W

oy
1 le
Wood
Zo Indi 304 L. &
Ph
nin ano N
Fence
y
7
g:
R-3 la, Io th S llis N
orr
Mix wa 5 t.
is
01
ed
Re 25
sid
en
tial

.00

MPE = 922

94

928

.00
MPE = 99242
0

27.8'

938

94
3

31
34 33 32

925

27 26 25
28
29
30

5
95

5.0'
26.0'

937

ne
r: D

Owner: Kevin C. & Lori L Hamilton
704 E Lincoln Ave.
Indianola, Iowa 50125
Zoning: R-3 Mixed Residential

3

8,172 SF
0.19 AC

94
2

36 35

6
95

24.2'

Ow

4

15' PUE

L

935
0
95 10' PUE
935
10' Trail Easement
935
30' BUILDING SETBACK
7
3
9
Existing 20' Sanitary
937
Sewer Easement
5
To Be Vacated
95
940

941

942

3
94

ell
J.
Chain Link
1
3
I
Zo ndi
0 II & K
Fence
nin ano 6 N
7 yrs
g:
R-3 la, Io th S tal M
.D
Mix wa 5 t.
alto
01
ed
n
2
Re
5
sid
en
tial

940

940
941

8,189 SF
0.19 AC

Ru
ss

0

939

SILT FENCE
TYP

934

FUTURE TRAIL

15" ST
938

8,141 SF
0.19 AC

TRA
I

930
932

0

5
94

4
95

ne
r:

5

Ow
ne

Existing 40' Sanitary Sewer Easement
(Book 86, Page 372-374)

30' Sanitary Sewer
Easement

94

AN

Ow

930

MPE = 922.00

937

5

URE

93

6

92

SILT FENCE
TYP

93

8" S

ST

ne
r: R
on
1
I
Zo ndi 308 ald S
nin ano
ch
N
g:
R-3 la, Io 7th S oenin
g
Mix wa 5 t.
01
ed
2
Re
sid 5
en
tial

929

9,144 SF
0.21 AC

936

15' Drainage
Easement

●

Ow

11

935

FUT

925

5

S
24"

8"W

12,634 SF
0.29 AC

●

an
A.
&
1
Zo Indi 310 Lore
nin ano N
t
7 ta
g:
R-3 la, Io th S J. W
ied
Mix wa 5 t.
ma
ed
01
ier
Re 25
sid
Link
Chain
en
tial
Fence

6

15"

Bri

MPE = 922.00

928

934

10' PUE

●

ne
r:

●

Ow

Tim
1 &E
Zo Indi 314 llen SILT FENCE
nin ano N
TYP
7 K.
g:
R-3 la, Io th S Mc K
nig
Mix wa 5 t.
ht
01
ed
Re 25
sid
en
tial

9

927

933

●

ne
r:

Field
Fence

31

Ow

92

O
Fox utlot
"Z
R
453 un PL "
a
,59
5s t1
f

920

4

ST

●

930

932

92

30"

935

8,520 SF
0.20 AC

CK
BA

931

T

926

10

T
SE

"S

G
IN
LD
UI
'B
930

930

1

20 TONS OF
RIPRAP

925

25

15

9
92

9

92

5

91

●

MPE = 922.00

8
92

8" SAN

9

5

F.L.=923.09
36" RCP W

Rim=930.57
F.L.=919.47 15" DIP SW
F.L.=919.52 15" DIP N

●

27

183,589 SF
4.21 AC

91

924

8,458 SF
0.19 AC

●

r: F
red
eri
ck
1
I
3
n
Zo
D
nin dian 16 N . &
g: ola 7th Del
R-3 , Io
S inda
Mix wa 5 t.
C.
ed 01
Fit
2
ch
Re 5
sid
en
tial

9

2
99000345
990
8
90 10
9

OUTLOT "X"

●

26

ne

915

0

923

5
92

Ow

92
0

910
92

DETENTION BASIN
POOL = 914.00
NORMAL
4
91 100-YEAR ELEV = 920.59

●

MPE = 915.00
15' PUE

●

T
18" S

922

0.20 AC

915

●

921

●

9

915

●

8

RCP

Existing 20' Sanitary Sewer Easement
(Book 44, Page 271)

●

20' Sanitary Sewer
Easement

42"

909
990078
906
905
903
902

F.L.=921.48
36" RCP E

●

920

●

MPE = 915.00

●

919

10 TONS OF
RIPRAP

●

Unable To
Open

●

e

Ave

914
912

9 132

cret

920

●

9,531 SF
0.22 AC

918

20' Storm Sewer Easement
F.L.=920.72
8,848 SF
18" RCP NW

woo
d

Abandoned
Circular
Intake

●

7

Existing 40' Sanitary
Sewer Easement
(Bk 86, Pg 372-374)

●

●
917

93
0

21" SAN

●
916

931

925

●

●

●

915

915

F.L.=910.47
24" CMP E

932

929

914

Con

SILT FENCE
TYP

934
933

923

Owner: Bran
d
o
n
W
. & Tiffany
K. C
o
ch
ra
n
704 E Norwo
o
Indianola, Io d Ave.
Zoning: R-3 M wa 50125
ixed Residen
tial

4

Nor

5
91

9
90

914

0

E TR
A IL

92

925

8
90

& Elizab
eth H. F
reese Re
603 E H
vocable
illc
Trust
Indianola rest Ave.
, Iowa 50
Zoning:
1
2
5
A-1 Agri
cultural

DATE

obert L.

RIm=925.90
F.L.=920.05 18" RCP NW
F.L.=920.05 18" RCP SE

Eas
t

936
935

REVISION

Owner: R

Existing 20' Sanitary Sewer
Easement
(Bk 44, Pg 271)

Rim=923.43
F.L.=912.08 8" PVC W

937

Field
Fence

930

Owner: Brand
on W. & Tiffan
y
K. Cochran
704 E Norw
o
od Ave.
Indianola, Iow
a 5012
5
Zoning: R-3 M
ixed Residen
tial

Field
Fence

Owne

r: Jas
on A
1000 . & Annet
te M.
E Lin
Ind
Jauro
co
n
Zonin ianola, Iow ln Ave.
g: R-3
a
Mixed 50125
Resid
ential

40

0
FEET

Project No:

121.0091.01

Sheet C300

Planning and Zoning
Meeting Date: 05/11/2021

7. G.

Subject
Consider request from Ground Breaker Homes to rezone property located in the Southwest Quarter of
the Southwest Quarter of Section 29, Township 76 North, Range 23 West from A-1 (Agricultural) to R-3
(Mixed Residential).
Information
Request for to rezone approximately 30 acres of land currently located in the A-1, Agricultural Zoning
District to the R-3, Mixed Residential Zoning District.

Attachments
Staff Report
App
Application

Community Development
110 N. First St., Indianola, IA 50125-0299 • www.indianolaiowa.gov
515-961-9430 • [email protected]

Staff Report

Planning
and Zoning
Commission

Date of Meeting: August 13, 2019
Agenda Item: 7.G. Consider request from Ground Breaker Homes to rezone property located in the
Southwest Quarter of the Southwest Quarter of Section 29, Township 76 North, Range 23 West from A-1
(Agricultural) to R-3 (Mixed Residential).
Application Type: Rezoning
Applicant: Ground Breaker Homes
Property Owner: Steven and Barbara Williams
Current Zoning: A-1, Agricultural
Comprehensive Plan Designation: Community Mixed Use
Application Summary: Request for to rezone approximately 30 acres of land currently located in the A-1,
Agricultural Zoning District to the R-3, Mixed Residential Zoning District.

AERIAL MAP

APPLICABLE CODE SECTIONS
The following sections of the Code of Ordinances of Indianola, Iowa apply to this request:
165.38 CHANGES AND AMENDMENTS. The regulations and restrictions imposed in the districts, and the boundaries
of the districts created by this chapter may be amended from time to time by the Council, but no such amendment
shall be made without public hearing before the Council and after a report has been made upon the amendment by
the Commission. Not less than seven nor more than 20 days’ notice of the time and place of such hearing shall be
published in a newspaper having general circulation in the City. The Commission shall not make any
recommendation to the Council on an amendment to the zoning district boundaries until a sign 18 inches by 24
inches indicating the amendment requested has been prepared and posted by the City in a visible location on the
premises for a period of 10 days. Notice of the Commission meeting shall be mailed by first class mail 10 days prior
to the meeting to all property owners within 200 feet of a proposed amendment to the zoning district boundaries. In
case the Commission does not approve the amendment or, in the case of a protest filed with the Council against an
amendment to district boundaries signed by the owners of 20 percent or more either of the area of the lots included
in such proposed amendment or of those immediately adjacent thereto and within 200 feet of the boundaries
thereof, such amendment shall not be passed except by the favorable vote of three -fourths of all the members of the
Council.
165.39 APPLICATION FOR CHANGE OF ZONING DISTRICT BOUNDARIES. Any person may submit to the Council an
application requesting a change in the zoning district boundaries as shown on the official zoning district map. Such
application shall be filed with the Administrative Officer accompanied by a fee of two hundred dollars ($200.00) and
shall contain the following information:

2|P age

1.
2.
3.
4.
5.
6.
7.

8.

The legal description and local address of the property.
The present zoning classification and the zoning classification requested for the property.
The existing use and proposed use of the property.
The names and addresses of the owners of all property within two hundred (200) feet of the property for which
the change is requested.
A statement of the reasons why the applicant feels the present zoning classification is no longer valid.
A plat showing the locations, dimensions and use of the applicant’s property and all property within two hundred
(200) feet thereof, including streets, alleys, railroads, and other physical features.
If the requested zoning change is from A-1 (Agricultural) to any other classification, the application shall contain
the number of acres in each soil type for which a rezoning change is requested and the crop suitability rating of
each. The soil type and its crop suitability rating shall be determined by the latest cooperative soil survey and
accompanying data.
Prior to rezoning any property, the Planning and Zoning Commission and the City Council shall consider the
following relative to orderly regulated development: adequate size and location of public sanitary sewer,
adequate size and location of public water and the presence of existing hard surfaced streets. Nothing in this
chapter shall be construed to mean the City has any regulatory power for property used for agricultural purposes
outside the City limits.

ANALYSIS
The proposed rezoning is being requested to facilitate a future residential development. Elevate Indianola, the City’s
Comprehensive Plan, identifies this property as Community Mixed Use. Community Mixed Use calls for l ow/medium
density residential uses that would include up to 15 dwelling units per gross acre. Low/medium density residential
uses may incorporate a mix of housing types including single-family detached (plus accessory dwelling units), single
family attached (townhomes and row houses), multi-family (condos and apartments), and student housing.
Civic uses and places of worship may be allowed in low/medium density residential uses if compatibility standards
are met through a special exception review. Furthermore, parks, open spaces, and trails may be included in
low//medium density residential uses. Community Mixed Use also includes retail, office, restaurants, bars, personal
and business services, and similar commercial uses, as well as overnight accommodations. Automobile-oriented uses
may be allowed in Community Mixed Use if compatibility standards are met though a special exception review. The
latest concept for this property that was reviewed by staff calls for 74 units in the southwest section of this property,
with the northeast section remaining vacant for now. Of those 74 units, 26 would be single family and 48 would be
townhome units. Staff estimates this concept to have gross density of about 4.2 units per acre.
This property borders South 15th Street on its west side and East Plainview Avenue on its south side. South 15 th
Street is paved to its intersection of East Plainview Avenue, while East Plainview Avenue is a gravel surfaced road.
The corporate limits of Indianola are the centerline of East Plainview Road in this area. This property is bordered by
Indianola School athletic fields to the west, Winsor Manor, an assisted living community to the northwest,
agricultural land to the northeast and east, and rural residential lots to the south. The Indianola School District
property is zoned R-3, Mixed Residential, Windsor Manor is R-5, Planned Residential, while everything else
surrounding this property is zoned A-1, Agricultural, including land that is in unincorporated Warren County.
The City has sanitary sewer service within South 15th Street which is stubbed into a manhole at the intersection of
South 15th Street and East Plainview Avenue. There appears to be sufficient sanitary sewer depth in the manholes
adjacent to this land to service most of the ground on this parcel, while the northeast corner and southern portions
of this property would require an alternate plan. There is sufficient water service in this area to serve this property
and it is current stubbed in on the east side of South 15th Street at the northwest corner of this property.
A notification sign was placed along both South 15th Street and East Plainview Avenue and notification letters were
sent out to property owners within 200’ on April 30, 2021. If the rezoning were to be approved, any proposed
development would be subject to all subdivision requirements of the City of Indianola.
3|P age

ALTERNATIVES
The City of Indianola Planning and Zoning Commission may consider the following alternatives:
1) The City of Indianola Planning and Zoning Commission recommends the rezoning request be approved, as
submitted.
2) The City of Indianola Planning and Zoning Commission recommends the rezoning request be approved, with
conditions.
3) The City of Indianola Planning and Zoning Commission recommends the rezoning request be denied.
4) The City of Indianola Planning and Zoning Commission remands the rezoning request, back to the applicant
and/or staff for further review and/or modifications and directs staff to place this item on a future Planning and
Zoning agenda.

RECOMMENDATION
Staff recommends that the City of Indianola Planning and Zoning Commission move alternative 1, approving the
rezoning request as submitted.

4|P age

REZONING SKETCH

M
EV
IN
EN
D
&
IA
BA
N
O
RB
LA
A
,I
RA
A
W
50
IL
12
LI
5
A
10

HIGHWAY 92

O
W

S. 15th AVENUE

THIS
SITE

722.98'

150th AVENUE

ST
N
ER
:

E. EUCLID AVENUE

O

W

03

TT
O
C
S

N

O
LT
E
F

N. 15th STREET

N

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A

A
RO

N. 9th STREET

PL

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TT

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ER
:
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LA A
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50 E O
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12
A
5
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:
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IA T
T
N T F BA TE
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LA L BA
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50 RO WI
12 A LL
5 D IA

M
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ER
:
SC IN UN
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IN 130 HO IA LA
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O
4
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2
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LA A TR COM
, I VE IC M
A NU T U
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50 E
IT
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S

WILLIAMS
PROPERTY

IN U
O
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IA LA
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32 , SU
IS
80 IT
TE
1
D
E
12
00

KENNEDY STREET

357.55'

W

O

S

L

G
IN
IV

45

0

O
W

N
ER
:

LC

,L
ER
N

NORTH
N
SCALE: 1"=2,000'

VICINITY SKETCH
601.31'

OWNER
854.53'

STEVEN & BARBARA WILLIAMS
1003 SCOTT FELTON ROAD
INDIANOLA, IA 50125

1

APPLICANT

4

S
M
A
LI
IL

RB
A

RA

W

D
A
RO 5
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10 IN

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TT

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ZONING

EXISTING: A-1 AGRICULTURAL
PROPOSED: R-3 MIXED RESIDENTIAL

ST
E
:
ER
N
O
W

965.18'

S. 15th STREET

VE

O
W

N

N

SE SW
C. 41
29
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6

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:
SC IN UN
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SW

GROUND BREAKER HOMES
12119 STRATFORD DRIVE, SUITE B
CLIVE, IOWA 50325

466.75'

LEGAL DESCRIPTION

U
N
O PL
RT A
IG
H TT
W ED
H
ES
ST
TE
RE
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ET
#
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8n
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10

THE SOUTHWEST 41 OF THE SOUTHWEST 41 OF SECTION 29, TOWNSHIP 76 NORTH,
RANGE 23 WEST OF THE 5th P.M., EXCEPT THE NORTH 360.00 FEET OF THE WEST
605.00 FEET THEREOF AND EXCEPT THE SOUTH 466.7 FEET OF THE EAST 466.7 FEET
THEREOF, CONTAINING 28.68 ACRES MORE OR LESS.

466.75'

.

E

N

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92

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30

50

LEGEND

IN

O
M

PLAT BOUNDARY

D

SECTION CORNER
FOUND CORNER AS NOTED

857.09'

D.

DEEDED DISTANCE

M.

MEASURED DISTANCE

R

PREVIOUSLY RECORDED DISTANCE
PUBLIC UTILITY EASEMENT

COOPER CRAWFORD
N
ER
14 :
5 D U
IN 92 UT NP
D KE CH LA
IA N R T
N N ID TE
D
O E
LA DY GE
, I S RA
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50 E CH
12 ET ,
LL
5

C

& ASSOCIATES, L.L.C.
CIVIL ENGINEERS

475 S. 50th STREET, SUITE 800, WEST DES MOINES, IOWA 50265
PHONE: (515) 224-1344 FAX: (515) 224-1345
DATE: 4-21-2021
JOB NUMBER

W

REVISIONS:

O

O
W
IN 141 NE U
9
D 0 R: NP
IA K S LA
N EN CO T
T
O
LA NE TT ED
, I DY W
A S U
50 TR BB
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21

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ER
14 : L
IN 4 A
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N 57 TE
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LA I
, I GH FAR
A W M
50 AY S,
12
LL
5
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:
1 J P
IN 21 EF AR
D 06 FR CE
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LA A SA
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50 UE S
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13 ER
P
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IN 2 RO AR
D KE N CE
IA N A L
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, I S AI
A TR L
50 E RO
12 ET S
E
5

O

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A
PL
N

SET CORNER 5/8" IR W/ YELLOW CAP #13156
IRON ROD
GAS PIPE

P.U.E.

KENNEDY STREET

ED
TT

I.R.
G.P.

IOWA
ONE-CALL
800-292-8989
TOLL-FREE

CALL- BEFORE- YOU- DIG

N

0

50

100

SCALE: 1"=100'

APPROVED: ---

INITIALED: ---

AS-BUILT: ---

REZONING SKETCH
WILLIAMS PROPERTY

CC
2449
SHEET
1 OF 1

Planning and Zoning
Meeting Date: 05/11/2021

7. H.

Subject
Consider recommendation on amendments to Chapter 165 (Zoning Regulations) and Chapter 166 (Site
Plan).
Information
Attachments
Staff Report
Comment
Snell
Comments
Sug
Feedback
Chat
Letter
Zoning
Displays
Code Update

To:
From:
Date:
Subject:

Planning and Zoning Commission
Charlie E. Dissell, AICP, Community and Economic Development Director
May 6, 2021
Consider recommendation on amendments to Chapter 165 (Zoning Regulations) and
Chapter 166 (Site Plan).

As the Commission is aware, the City is in the process of reviewing its current development
code as it relates to Elevate Indianola, the City’s Comprehensive Plan, which was adopted in
May 2020. Based on this review, various amendments to those codes are proposed. These
updates are part of a two-phase process. Phase 1 of this process includes revisions to the
Zoning Regulations (Chapter 165) and Site Plan (Chapter 166) regulations. Once Phase 1 is
complete, Phase 2 will begin which will include a review of Plantings in Parking (Chapter 141),
Sign Regulations (Chapter 167), and Subdivision Regulations (Chapter 170). Additionally, the
Elevate Indianola calls for a Parkland Dedication Ordinance that will be reviewed in Phase 2.
The consultant, Confluence Inc. has worked with a steering committee, which included
Commission Members Al Farris, Bob Ormsby and Josh Rabe, two Board of Adjustment
members, and City Staff to review these changes. Additionally, the Consultant has also held
Stakeholders interviews regarding these changes. Lastly, a public meeting was held on
Thursday, April 29. The comments from that meeting and other comments that have been
received to date are attached, and that meeting can be viewed here:
https://www.youtube.com/watch?v=FuZO6kMTAQY&t=30s&ab_channel=CityofIndianola%2CIo
wa
As the Commission will recall, in the Community Development Work Plan it adopted in June
2020, 25 implementation actions were identified for Fiscal Year 2021 (July 1, 2020-June 30,
2021). Of those 25, 14 of them have been covered in the Phase 1 process, and they include:
• ED-1-A-vii: Develop a code that uses architecture and urban design to establish
compatibility between existing and future land uses
• ED-2-C-i: Develop architectural standards to improve building appearance
• ED-2-C-ii: Incorporate more landscaping and streetscaping standards to improve views from
roadway and walkability of neighborhoods
• ED-3-B-v: Allow for outdoor dining and limited outdoor sales (City Square Master Plan)
• HN-1-B-i: Establish property maintenance standards that address safety, maintenance,
parking, and aesthetics

•
•

HN-1-B-vii: Establish building and site design criteria for multifamily development and major
modifications to existing developments
HN-1-C-iii: Amend the zoning code to allow for accessory dwelling units in existing
neighborhoods and new developments

•

HN-1-C-v: Amend the zoning and subdivision regulations to allow for cluster development
techniques, particularly for the purpose of preservation of natural areas, provision of parks
or open space, or urban agricultural uses

•
•

HN-1-C-vi: Evaluate the potential of tiny housing and various cooperative housing models
HN-1-C-vii: Promote mixed-density housing developments (for example, a combination of
single-family detached and multifamily designed to complement each other)

•

TR-1-A-iii: Develop codes or polices to provide end of trip bicycle facilities, such as bicycle
parking in compliance with guidelines provided by the Association of Pedestrian and Bicycle
Professionals
ES-1-B-ii: Amend the zoning code to allow solar panels
ES-3-B-iii: Establish minimum landscaping standards for new developments

•
•
•

ES-4-A-v: Use zoning and building codes to regulate the nature of development in hazardprone areas (adapted from WCHMP)

Additionally, an individual request was also submitted to the Council to allow for childcare
facilities with industrial zoning districts. The Council directed the Steering Committee and
Planning and Zoning Commission to review this request as part of the code update process.
This request was reviewed by the Steering Committee who declined to make a change to allow
for this use in industrial zoning districts. Staff recommends the Commission review this request
prior to its recommendation to the City Council.
The proposed changes are attached to the agenda, and can also be viewed here:
https://www.indianolaiowa.gov/991/Development-Code-Update
The regulations and restrictions imposed in the districts, and the boundaries of the districts
created by this chapter may be amended from time to time by the Council, but no such
amendment shall be made without public hearing before the Council and after a report has
been made upon the amendment by the Commission. Staff and the consultant plan to have an
updated Zoning Map for the Commission to review at its June 8, 2021 meeting.
Chris Shires with Confluence, Inc and Myself will attend your May 11 meeting to present the
proposed changes and answer any questions you may have.

Charlie Dissell
From:
Sent:
To:
Cc:
Subject:

william howard <[email protected]>
Thursday, April 29, 2021 1:44 PM
Ryan Waller
Charlie Dissell
Re: Solar Energy Systems Code

I think that might have been a bad link. Try this one.
Thanks Bill
https://www.nrel.gov/state-local-tribal/blog/posts/best-practices-in-zoning-for-solar.html
On Thu, Apr 29, 2021 at 1:36 PM william howard <[email protected]> wrote:
Ryan, I don't know if you have read the draft regulation on Solar Energy Systems,but it practically eliminates
the possibility of installing a solar system.See attached drawing. Not allowing ground mount systems eliminates
probably half of the ability to install a system. If the grant for a solar system for Heal House comes through they will be
unable to install their ground mount system. Being as Indianola has been awarded as a tree city it would be tragic if a
person had to cut down trees around their well shaded residence because they couldn't install a ground mount.Some
structures can't support a system. A ground mount also allows you to seasonally change the angle of the panels for
maximum efficiency.I'm going to send a link for best practices in zoning for solar.
https://www.nrel.gov/state-local-tribal/blog/posts/best-practices-in-zoning-for-solar.htmltt
Thanks Bill

1

Charlie Dissell
From:
Sent:
To:
Subject:

Patrick Snell <[email protected]>
Tuesday, May 4, 2021 5:26 PM
Charlie Dissell
Draft Solar Codes for Indianola Zoning Code Update

Hi Charlie,
I have been working in collaboration with HEAL House of Iowa and other community partners in Indianola on a groundmounted solar array. This project is a collaboration of multiple city, county and nonprofit organizations and will mitigate
energy costs at the facility that will allow HEAL House to better serve low-income and marginalized residents in Warren
County.
After review of the draft code, I am worried this will upend the HEAL House solar project that will hopefully begin
permitting/construction within the month and or any future small ground projects that could have major benefits for
the community. Two questions:
1. If passed, when would the city ordinance take effect and would it impact a ground-mount installation if installed
in the next two months?
2. I strongly encourage city staff to consider removing a blanket restriction on residential and commercial groundmount systems in 165.05-B(3), D. If looking for aesthetic consideration, aesthetic regulation should be tied to
design principles rather than targeted at a specific land use and finding a balance between interests of property
owners who want to use their on-site solar resources and neighbors concerned with neighborhood character.
Substantial evidence demonstrates that solar installations have no effect on property values of adjacent
properties and could help reduce peak demand charges for all residents in Indianola.
Thank you for your time and consideration,
Patrick

Patrick Snell

The Nature Conservancy

Climate & External Affairs Associate

Iowa Field Office
505 5th Avenue
Suite 930
Des Moines, IA 50309

[email protected]
(515) 244-5044 (Phone)

nature.org/iowa

1

May 5, 2021
Charlie Dissell
Planning and Zoning Commission
City of Indianola
110 N. 1st Street
Indianola, Iowa 50125
Dear Mr. Dissell:
The Iowa Environmental Council (IEC) submits the following public comments concerning the City of
Indianola’s proposed Solar Energy Ordinance. IEC is an alliance of over eighty Iowa organizations
representing public health, agriculture, conservation, and environmental interests as well as hundreds of
individuals. Our membership includes residents of the City of Indianola.
We support increasing access to renewable energy for everyone, including ensuring fair access for people
to be able to have their own solar and for customers with a low income. Increased reliance on clean energy
resources like wind and solar decrease Iowa’s dependence on out-of-state fossil fuels, strengthen our state
and local economies, protect the health and welfare of our communities, and increase our energy security.
Solar systems are virtually silent, require very little maintenance, and generally have minimal impact on
neighbors. Solar also has broad public support. A December 2020 poll released by Iowa Business for Clean
Energy showed that 90% of Iowans support solar energy. i Solar is popular, people value access to solar,
and local zoning regulations should reflect this support.
We appreciate that the Planning and Zoning Commission and City Council are undertaking this process.
Overall, the proposed ordinance is restrictive compared to what is recommended as best practice and what
we have seen adopted in other jurisdictions. State law, as well as Indianola’s recently-adopted
comprehensive plan, point to the need for a more inclusive ordinance.
IOWA STATE LAW REQUIRES ZONING REGULATIONS SUPPORT ACCESS TO SOLAR ENERGY

Ensuring that Indianola’s local zoning regulations support access to solar energy is not only consistent with
public opinion in Iowa, it is also expressly required under Iowa law: According to the Iowa Code Chapter
414.3, zoning regulations “shall be made in accordance with a comprehensive plan and designed to…
promote reasonable access to solar energy.”ii
Given that the City of Indianola’s recently-adopted comprehensive plan includes goal ES-1-A (Reduce
greenhouse gas emissions) and ES-1-B (Promote renewable energy production such as small scale wind
and solar) we believe the Planning and Zoning Commission should consider changes that will provide for
better access to solar in the city.
SUGGESTED RESOURCES/REFERENCES
A good resource for a model ordinance comes from the Great Plains Institute (GPI) – It begins on PDF
page 15 of this toolkit document from GPI:
Page 1 of 2

https://www.betterenergy.org/wp-content/uploads/2016/08/Iowa-Toolkit-May2020.pdf
I have flagged several concerns in the attached mark-up of the ordinance. Our two major areas of concern
are treatment of ground-mounted systems and the overly-restrictive provisions regarding height and offsets
from roof lines.
Treatment of Ground-Mounted Systems
One of our main concerns with the ordinance is the very restrictive treatment of ground-mounted systems.
Variances in solar exposure, roof structures, etc. would make building-mounted installation of solar energy
systems uneconomical for some residences and businesses. A city can regulate ground-mount systems to
fit the community, including on smaller lots. For example, a city can allow ground-mounted systems with
a number of siting requirements such as location relative to the main structure, setbacks, and height
restrictions. We urge the Commission to consider similar accommodations to increase equity in access to
solar in Indianola.
Unclear and Overly Restrictive Heights, Offsets from Roof Lines, and Screening
The city should consider whether solar is being regulated consistent with other uses and best practices. We
urge you to consider the GPI guidelines. We also have some questions and suggestions for clarification in
the attached mark-up that we hope you will consider.
Conclusion
If not corrected, the problems with this ordinance could exclude from solar opportunities many people in
the city in a way that is not equitable including people in older homes and people without proper roof access.
There are ways to regulate solar siting that balance the interests of neighbors while allowing for solar
development. We encourage the Commission to consider our suggested changes before moving the
adoption of this ordinance.
Sincerely,
Kerri Johannsen, Energy Program Director
Iowa Environmental Council
Sincerely,

Kerri Johannsen, Energy Program Director
Iowa Environmental Council

i

“Executive Summary: Iowa Poll on Clean Energy”, Iowa Business for Clean Energy,
https://static1.squarespace.com/static/5dcc1cd985a78e1aab7a9652/t/6019f8196d0205450b2c2856/1612314650810/IBCEpollingsummary.pdf,
accessed May 5, 2021.
ii
Iowa Code §414.3 (2016), available at https://www.legis.iowa.gov/law/statutory.

Page 2 of 2

Indianola Zoning Code Update | Chapter 165.05 Zoning District Regs

Draft 04-27-2021

e. Location.
i.

No part of a SWECS shall be located within or over drainage, utility or other
established easements.

ii.

A SWECS shall be located entirely in the rear yard.

iii. A SWECS shall be located in compliance with the guidelines of applicable Federal
Aviation Administration (FAA) regulations as amended from time to time.
iv. No SWECS shall be constructed so that any part thereof can extend within 20 feet
laterally of an overhead electrical power line (excluding secondary electrical
service lines or service drops). The setback from underground electric distribution
lines shall be at least five feet.
v. Building mounted SWECS shall be prohibited.
B. Solar Energy Systems
(1) Intent. The intent of this section is to establish provisions for using an alternate source of
energy apart from the prevailing energy sources of natural gas and electricity, namely
solar energy, and to provide standards for the construction and use of solar energy
systems. The City finds these regulations are necessary to ensure that Solar Energy
Systems are appropriately designed, sited and installed.
(2) Restrictions. Except as provided in this article, no solar energy system or solar collection
device shall be erected, constructed, altered or maintained on any lot within the city,
without first receiving a permit to do so.
(3) Standards. All solar energy systems or solar collection devices shall meet the following
standards and conditions:
a. All solar energy systems or solar collection devices shall be incorporated into a building
(which may be either a principal or accessory building) and shall be visually integrated
into the basic form and main structure of such building as viewed from the public rightof-way.
b.

Page 27 of 39

Any panel inclusive of the mounting system which is used to receive, collect or transfer
solar energy, shall be mounted on the roof of a building and such panels and mounting
system shall be visually integrated into the roof. The panels shall be mounted parallel
to the roof plane and no more than six inches from the roof surface to accomplish
visual integration with the roof where the panels are visible from an adjacent singlefamily residential property. If the panels are screened from view via a parapet wall,
they may stand off from the roof more than six inches, so long as they do not project
above the parapet wall. If panels are located on a flat roof (less than three in 12 pitch)
that is not visible from a single-family residential property the panels need not be

Commented [A1]: Solar energy is an electricity
source. This wording creates a contradiction and is
unnecessary.

Commented [A2]: Routine maintenance such as
cleaning and snow removal should not require a permit.
Maintenance should be treated like any other home
appliance; furnace maintenance does not require a
permit and solar panel maintenance should not require
one.

Indianola Zoning Code Update | Chapter 165.05 Zoning District Regs

Draft 04-27-2021

visually integrated with the roof, however the panel should not stand off more than
12 inches from the surface of the roof.
c.

d.

Mounting arrangements which allow panels or apparatus to project more than 12
inches above the roof surface are prohibited unless screened from view by adjacent
properties.
No panels or apparatus shall be free standing or mounted on the ground, except that
parcels greater than 10-acres in size and zoned A-1 or M-2 may be permitted to have
a free-standing, ground mounted system subject to the approval of a Special Use
Permit by the Board of Adjustment in accordance with city code. Said free-standing,
ground mounted system shall not be located within any required building setback area.

e. All mechanical piping, electrical conduits, motors and similar items which comprise a
solar energy system shall be concealed within the building envelope or through a
creative design, preventing view from either adjoining properties or the road right-ofway. For the purposes of this section, "Building Envelope" shall be defined as the
physical separator between the conditioned and unconditioned environment of a
building, including the resistance to air, water, heat, light, and noise transfer. The
building envelope consists of a roof, subfloor, exterior doors, windows, and exterior
walls.
f.

All exposed metal, including the framework of active collector panels or exposed
mullions and framework of passive systems shall be of finished warm earth tones, or
black, in color and unpainted aluminum is prohibited.

g. All solar energy system components shall be located as to be accessible for required
routine maintenance without trespassing on adjoining property or disassembling any
major portion of the structure or building.
h. All solar energy system components must be obtained from manufacturers who
regularly engage in production of solar energy apparatus. The design and drawings of
any system or apparatus shall be completed and sealed by a licensed design
professional.
(5) Building Permit Required. No solar energy system or solar collection device shall be
constructed, erected, added to, or materially altered, structurally or otherwise changed,
or improved nor any other work commenced upon any lot or parcel of land unless the
owner, contractor or agent of either shall first have applied for and received from the
Building Official a permit therefore as provided for in this section.
(6) Application for Permit. Any application for the building permit required hereunder shall
show that the proposed construction meets the requirements set forth in this section.
Should any submittal in the opinion of the Building Official contain design elements that
are substantially unique and outside the normal configuration of typical solar array

Page 28 of 39

Commented [A3]: From what viewpoint? Does this
apply if two commercial building are adjoining, and the
system cannot be seen from ground level but can be
seen from the second story of the adjoining building?

Commented [A4]: This provision will be very
problematic with older homes, especially those with
brick or other inflexible exterior materials. This
provision is inappropriate unless similar provisions
apply with exterior outlets, radon mitigation systems,
etc. Solar should not be treated differently than other
home systems.
Commented [A5]: Trespassing is entry without
permission. Suggest adding that the owner may obtain
an easement from the adjoining property owner for
purposes of maintenance.

Commented [A6]: Is this intended to apply to the
individual components that will have specification
sheets, or the system as a whole? What is a licensed
design professional?
Commented [A7]: Same comment as previously
noted. Is the intent to obtain a permit before routine
maintenance can be performed?

Indianola Zoning Code Update | Chapter 165.05 Zoning District Regs

Draft 04-27-2021

components, design or system requirements, the application for permit shall be
forwarded to the Board of Adjustment for action.
(7) Issuance of Permit. Any building permit issued pursuant to the provisions of this article for
the construction, erection or modification of a solar energy system or solar collection
device shall only be issued after the Building Official has determined the proposed
construction meets the requirements of this section, the building code regulations, and
that the design of the solar system or solar collection device is in general conformity with
the style and design of surrounding structures.
(8) Solar Access Easements. The enactment of this chapter does not constitute the granting
of an easement by the City. The solar owner/operator shall have the sole responsibility to
acquire any covenants, easements, or similar documentation to assure and/or protect
access to sufficient sunlight as may or may not be necessary to operate the system.
C. Accessory Dwelling Units
All accessory dwellings shall comply with the following:
(1) No more than a total of two (2) dwelling units (principal and accessory) are allowed on a
single lot or parcel.
(2) An accessory dwelling may be contained within, attached to, or detached and separate
from the principal dwelling and must be located wholly within the same lot or parcel of
the principal dwelling.
(3) The lot or parcel, principal dwelling, and accessory dwelling shall all be under the same
ownership and the owner must live on the property either in the principal dwelling or the
accessory dwelling as their principal place of residency.
(4) The total gross floor area of the accessory dwelling cannot exceed the lesser of eight
hundred square feet (800 sq. ft.) or eighty-percent (80%) of the total gross floor area of the
principal dwelling.
(5) The accessory dwelling shall have no more than one (1) bedroom and shall have its own
bathroom and kitchen.
(6) The accessory dwelling shall comply with the building setback and bulk regulations for a
principal building as applicable for the zoning district in which its lot or parcel is located.
(7) The exterior design and appearance of the accessory dwelling, attached or detached, must
match and be consistent with the design, features, exterior building materials, and level
of finish of the principal dwelling building and shall otherwise comply with the
requirements of the architectural design standards found in the City’s zoning code
regulations.

Page 29 of 39

Commented [A8]: Include a provision to allow for
changes to the design to come into compliance before
the application is forwarded to the Board of Adjustment.
This will be more efficient for both the applicant and the
city.

Commented [A9]: Other provisions should be
designed to ensure a good fit. This provision is overly
subjective and vague, likely to create conflicts that the
city will be asked to resolve.

Gwen Schroder 06:25 PM
You mentioned manufactured homes, can you go back to that?
City of Indianola (You) 06:29 PM
The current code has a Mobile Home Residential District (R-6). The proposed code has the same (R-4
Manufactured Home Park Zoning District). Rezoning to this district would require a review by the
Planning and Zoning Commission and approval by the City Council.

Gwen Schroder 07:08 PM
You reviewed the requirement for separate balconies for apartment units. Is there anything in the
proposed update regarding using those balconies for storage, and will apartment complexes be required
to have their residents park in their lots, rather than on adjacent streets?
City of Indianola (You) 07:15 PM
We will look at possibly adding language for storage on a balcony. Depending on what is being stored,
this may be covered in the City's nuisance code. The proposed code does require 1 off-street parking
space per bedroom and does give a 1/2 parking stall credit for each garage provided.

Judy Pauley 06:32 PM
Are home owners allowed to park a car on their front yard lawn?
City of Indianola (You) 06:36 PM
The proposed code does not allow for vehicles to be parked in the front yard lawn at any time. To
clarify, the current code allows you to park in the front yard for no more than 48 hours at a time;
however, if its parked on a hard surface, it does not have a time limitation.

Gwen Schroder 06:54 PM
I believe the wording regarding sheds indicated that they be behind the front line of the house. Doesn't
this mean they can be right beside, and visible, from the front of the home?
City of Indianola (You) 07:47 PM
We will take a look at this!

Paula Schultz 06:54 PM
What are the mowing requirments for undeveloped lots?
City of Indianola (You) 07:06 PM
This is covered in Chapter 154 of our current code:
Grass, weeds or brush on private property shall be cut, mowed and maintained so as not to exceed the
following height specifications:
A. Developed Areas – not to exceed eight inches.
B. Undeveloped Areas – not to exceed 12 inches.
i. This section does not apply to grasses grown as agricultural crops on undeveloped property or to
prairies, wetlands, or similar areas of naturalized perennial vegetation grasses growing on undeveloped
property as determined by the City Council.
C. All undeveloped properties adjacent to a developed property - not to exceed eight inches for a
distance of 10 feet measured horizontally into the property from the property line.
D. Grass, weeds or brush on undeveloped properties adjacent to the curb line or outer boundary of
any street shall be cut, mowed and maintained so as not to exceed eight inches for a distance of 25 feet
measured horizontally into the property from the property line

Paula Schultz 06:56 PM
Requirments and maintain rules for undeveloped lots to be prairie?
City of Indianola (You) 07:49 PM
This is covered in the property maintenance code. We do have some specific requirements for different
plantings in our site planning regulations and done in an approved site plan.

Al Farris 06:57 PM
Should electric vehicle charging stations be added to 165.05–permitted and special uses table?
City of Indianola (You) 07:06 PM
Great suggestion! We will add this in.

Gwen Schroder 07:00 PM
What is the minimum lot width you mentioned? Also, in my opinion, managing density is very
important. You mentioned 8 row houses per acre and 20 apartments per acre. How does that compare
to what peer communities allow?
City of Indianola (You) 07:52 PM
This is actually pretty consistent with peer communities, if not a little more restrictive as far as density
goes.
Mw 07:02 PM
for the buffer requirements....can u confirm that the 3 ft earth berm is required in addition to the trees
etc? also what determines if they do a 30 ft or 60 ft buffer between lot lines
City of Indianola (You) 07:12 PM
Yes, a 3ft berm is required in addition to landscaping. You are given a choice on what size buffer to
provide. A 30-ft requires more trees, while a 60-ft requires less.

Paula Schultz 07:05 PM
Google Smartflower solar unit and consider adding this to your code. Too big for most lots but I can
see churches and large lots wanting to add a smartflower solar unit.
City of Indianola (You) 07:16 PM
We will take a look at this! Thanks for the suggestion.

Paula Schultz 07:10 PM
Good. I think that’s a great idea to have 3 spaces for a three bedroom. Thank you.
City of Indianola (You) 07:15 PM
Thanks for the feedback!

Heather Hulen 07:13 PM
Are there codes needed for us to support downtown and traditional neighborhood developments with
greater connectivity and trail use?
City of Indianola (You) 07:53 PM
This is something that will likely come with the subdivision changes and parkland dedication in phase 2.

Paula Schultz 07:16 PM
When will we have a park behind Walmart area?
Doug Bylund 07:18 PM
We are planning to update the Park Master Plan starting later this summer.

Mellisa Sones 07:29 PM
Doug, I'll take this offline, but I do want to mention that our area has been strung along on this park. We
were first told that the Comprehensive Master Plan would address it. Now we're being told that the Park
Plan is going to be updated and it will address it.
Ryan Waller 07:41 PM
Hi, Mellisa. You are correct about the Comp Plan. One of those recommendations regarding parks will be
address in the second phase of this process. That is where, through park land dedication, we will be able
to require developers to accommodate a park as part of a development. The park master plan Doug is
referring to helps to bring specificity to types and amenities of current and future parks. We are happy
to meet and review how this all works together with you.
Mellisa Sones 07:42 PM
Thank you Ryan. It has been a long time coming.

Mellisa Sones 07:17 PM
Are there any requirements that would cover dilapidated buildings (ie sheds) on a property with a new
home being built or an existing home?
City of Indianola (You) 07:56 PM
We do have regulations in Chapter 163 that covers these.

Paula Schultz 07:17 PM
Look at the Smartflower
City of Indianola (You) 07:31 PM
We will look at that. Thanks for your feedback!

Gwen Schroder 07:17 PM
Roof top only would be my request
City of Indianola (You) 07:30 PM
Thanks for your feedback!

william howard 07:18 PM
Bill Howard Sustainablity Committee The solar section needs completely rewritten.
Charlie is aware of the problems.
Chris Shires 07:19 PM
Thanks Bill. I look forward to seeing your comments

Gwen Schroder 07:19 PM
I couldn't quite catch everything you said about storage unit zoning. Can you review that proposal?
City of Indianola (You) 07:54 PM
Storage units will only be allowed in industrial zoning districts.

Al Farris 07:20 PM
I think groundmounted solar is ok with appropriate requirements.
City of Indianola (You) 07:30 PM
Thanks for your feedback!

Mellisa Sones 07:20 PM
After seeing your examples, the roof mount solar panels seem like a better option in town. thank you for
your consideration.
Mellisa Sones 07:24 PM
Yes, that seems reasonable. (the size of lot being the deciding factor vs location).
City of Indianola (You) 07:30 PM
Thanks for your feedback!

Gwen Schroder 07:22 PM
Yes, thanks. I thought you said C1 or C2
City of Indianola (You) 07:29 PM
You're welcome!

Heather Hulen 07:22 PM
Are there modernized street standards we should take into consideration? ..with focus on safety for
drivers, pedestrians and bicyclists
City of Indianola (You) 07:29 PM
The Comprehensive Plan did recommend the City adopting a complete streets policy. That would be
done separate from this process.

Heather Hulen 07:25 PM
Super. Thank you!!
City of Indianola (You) 07:28 PM
You're welcome!

Gwen Schroder 07:37 PM
We have sheds in the side yard, and I field lots of questions and complaints. A garage would be different,
maybe a variance in those larger lot situations. We don't have many large lots.
City of Indianola (You) 07:54 PM
Thanks for the feedback!

18:23:16 From Dan Carlson to All panelists : Can you explain the reasoning behind the 30' minimum
setback for all R-1 zoning.
18:26:04 From City of Indianola to All panelists : Thanks Dan! Just to answer the question in the chat,
the current code requires a 30' front setback, and this was carried over into this proposed code.
18:55:02 From Rita Bresnan to All panelists : I came to the meeting late. Did you already address solar
installation on the ground?
19:04:55 From Rita Bresnan to All panelists : I am the one that asked about the solar installation.
Unfortunately I have another meeting. I just want to urge you to allow solar ground installation so that
we do everything to encourage the use of solar. Also, the Heal House is currently installing ground solar.
19:10:10 From Ryan Waller to Dan Carlson and all panelists : Chris, can you please explain how
proposed regulations (if approved) would apply to current properties that may not meet regulations?
19:14:46 From Ryan Waller to Dan Carlson and all panelists : Thank you, Chris.
19:18:04 From Sarah Carnes to All panelists : I’m not a fan of ground solar panels in residential
19:18:08 From wes to Everyone : I would maybe a special use but not permitted
19:19:54 From Sarah Carnes to All panelists : I would be open to large lots having a permitted use but
smaller lots will be unattractive and be more of a nuisance
19:24:13 From wes to Everyone : I didn’t clearly state my previous chat. Solar needs to be a special use
permit. Many communities require cell towers and other structures of similar obstruction to be a special
use.
19:26:36 From Gwen Schroder to All panelists : Wes, I like that.
19:31:57 From wes to Everyone : So if you make solar a special use on roof and ground for all solar
would fit. Now having guidelines for the BOA on proper systems. Then we can have all the information
needed as to if it fits or not in all zones.
19:33:32 From wes to Everyone : I think all solar and wind energy should be Special Use. This
technology is changing so we can just come up with a fit all code for solar and wind.
19:34:59 From Monica Thompson to All panelists : I agree that ground mount should be permitted
with accommodation for sightlines etc
19:39:52 From wes to Everyone : Also the electric car charging station maybe should be a special use
permit unless it is one the side or rear of a primary building. Again this is an evolving industry and things
could change.
19:44:40 From Ryan Waller to All panelists : Thank you, Chris and Charlie

March 21, 2021
Dear Mayor Pepper and City Council Members,
As an Indianola community member and business owner, I understand the critical role zoning
laws play in stimulating our local economy and making our town a great place to live. It is from
this lens that I am requesting a zoning amendment for our property at 1812 North 7th Street in
Indianola.
Property Background
My husband and I custom built the space in 2008 to meet the needs of Midwest Labs, a growing
local business. Founded in the 1980s, Midwest Labs was an eye glass manufacturer in Indianola.
After outgrowing their space on the square, the company was looking for a larger building to
accommodate their office and production needs. In 2007, we began working with Midwest Labs
Operations Manager Sue Nutgrass to design a space that met needed water, electricity and
space specifications for their manufacturing and business processes. Ultimately, the 9600
square foot property was built to include 12’ ceilings, a well-lit area with water access for
mixing water soluble chemicals, and double doors to meet shipping needs. As Midwest Labs
placed a strong emphasis on cleanliness and quality, they kept the space in pristine condition
and were model tenants. Their business was successful; however, in the Fall of 2018, the
company was sold. As Midwest Labs was nearing the end of its 10 year lease in Indianola, the
new owner decided it was a logical time to shut down the location. This was disheartening to
the staff, many of whom had been employed by Midwest Labs for decades.
Our most recent tenant has been the State of Iowa. They reached out to us as they were
looking for a new location for the Department of Human Services (DHS) in Indianola. Again,
through collaboration with the prospective tenants, we were able to convert nearly half of the
building (4068 square feet) to meet their needs for office space. DHS began a 7 year lease of
the space in March 2019.
The remaining 5500+ square feet of the building contains the original production area: well-lit,
plenty of electricity, water access, production floor, ADA restroom, offices & double
doors. Beginning in the summer 2019, we have had conversations with several interested
businesses, but none were a strong long-term fit (see Appendix A for details).
Rather than entering into a lease with a tenant that wasn’t going to be a good match, we have
been patient for the right tenant who would benefit from the space’s many features
including: solid building, well-lit, some office space, open area, plumbing and electric, green
space, parking, easy access to highway and a good match for long term tenant in Suite 100.

Current Opportunity
Lil Hands Big Dreams, a well-established child care center in Norwalk since 2010. They have
been named Favorite Warren County Daycare the previous 2 years in the Living Magazine.
Recently, the owners Brian and Mary Ferden identified an opportunity to expand their services
to include a child care center location in Indianola based on current customer demand and
relatively limited offerings in Indianola compared to other towns of similar size. Lil Hands Big
Dreams representatives have toured the building and have determined many benefits of the
space and location, which they have shared:

Lil Hands Big Dreams Interest in 1812 North 7th Street, Suite 200
Location

“After touring the housing developments, we realized quickly that the
traffic on Hillcrest would be commuting to the Des Moines area. Plus,
with the Medical clinics and new businesses North of town, there is a
need for childcare.”

Accessibility

“We like that the location is convenient but not on a busy road.”

Building
flexibility

“The building is a blank canvas that we can build out to meet the needs
of the community. The square footage of the building gives us the ability
to provide care for multiple families quickly and/or allow us to open
slowly. The green space west of the building would provide room for the
children to play and potentially room to expand in the future if the
opportunity presented itself.”
“Indianola business professionals, community members and a local
CCR&R representative have advised us of the need for a quality
childcare program. We have an incredible reputation and connections in
the community to help us grow.”
“We have witnessed the growth of commercial and medical facilities in
this area. We are very interested in becoming a reason that businesses
want to move into this area of town. We are happy to work with local
businesses to promote that their employees would be able to work &
have their child in a quality program close to work.”

Community
context

Opportunity for
collaboration
with local
businesses

As 1812 North 7th Street is currently an industrial area, it would require a change in zoning for
Lil Hands Big Dreams to come to Indianola. Such a change would be in alignment with Ames
that has identified an opportunity for childcare in otherwise industrial areas. For example,
Eagle’s Loft Early Learning Center has been located at 2715 Dayton Ave in Ames for more than 2
decades in response to demand for childcare options conducive to commuting parents. They
have also seen that offering childcare in these areas increases options for high quality childcare
for nearby businesses. See Ames Industrial Zoning regulations in Appendix B for reference.
When I first moved back to Indianola with my family in 2000, both my husband and I worked in
Des Moines. Despite living on the north side of town, we drove our daughter to Little Miracles

on Highway 92. Indianola’s unique workforce lends itself to a commuter-centered childcare
offering and the demand in north Indianola has only compounded alongside the growing
economic development near Hillcrest. I believe that through changing the zoning regulation,
Indianola is positioned to gain a new business, new jobs, and meet a growing need for high
quality childcare among young families.
Thank you for your consideration,
Karey Bishop
515.229.7344

Appendix A
Company

Reason for interest

Furniture Company

•

Contractor

Growing demand for
product

Potential challenges
•

Need to grow business in order to
secure capital for the building

•

Need loading dock

•

Highway frontage was important

•

Felt the space was “too nice” to
store construction vehicles

•

Looking for new space for
business

•

Liked the size and condition
of property

•

Needed additional storage
space for materials and
vehicles

•

Size of space was attractive

Discount Appliance
Center

•

Interested in starting
business in Indianola

•

Limited capital

•

Request for larger doors

Fitness Center

•

Liked the high ceilings,
cleanliness and bright lights

•

Playing loud music wouldn’t work
with an adjoining business

Contractor

Cross Property Photo Gallery
MLS#: 613022

1812 N 7th Street Unit#200, Indianola, Iowa, 50125-4726

$3,715

Information is believed to be accurate but should not be relied upon without verification.

Indianola Zoning Code Update | Chapter 165 Outline

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ZONING REGULATIONS TABLE OF CONTENTS
165.01 TITLE, PURPOSE, JURISDICTION AND ESTABLISHMENT OF DISTRICTS AND MAP
1.
2.
3.
4.
5.

TITLE AND STATEMENT OF PURPOSE
JURISDICTION
INTERPRETATION OF STANDARDS
ESTABLISHMENT OF DISTRICTS
ADOPTION OF ZONING MAP

165.02 PROCEDURES, AMENDMENT, AND ENFORCEMENT
1.
2.
3.

4.

5.

6.

CONFORMANCE REQUIRED
BUILDING PERMIT AND SITE PLAN REQUIRED
ADMINISTRATION AND ENFORCEMENT
A. Zoning Administrator
B. Board of Adjustment
CERTIFICATE OF OCCUPANCY
A. Construction Compliance Certificate
B. Multiple-Dwelling Construction Compliance Certificates
C. Occupancy Compliance Certificate
D. Application for Compliance Certificates
AMENDMENTS
A. Request by Petition
B. City Council Referral
C. Zoning Commission Disapproval or Protest Petition
D. Filing Fees
APPLICATIONS AND FEES

7. PENALTIES
165.03 DEFINITIONS
165.04 GENERAL PROVISIONS
1.

2.

3.
4.

GENERAL PROVISIONS
A. Interpretation of District Boundaries
B. Zoning Districts Dividing Property
C. Future Annexation of Territory
D. Street Frontage Required
E. Visibility at Intersections
F. Lot and Yard Regulations
G. Height Regulation Exception
H. Use of Public Right-Of-Way
ACCESSORY BUILDINGS AND STRUCTURES
A. Intent
B. General Provisions
C. Applicability
D. Location and Setbacks
E. Area and Height Limit
F. Building Design
G. Exempt Structures
ANTENNAS, SATELLITE DISH ANTENNAS, AND TOWERS (NOT INCLUDING WIRELESS TELECOMMUNICATIONS
FACILITIES)
FENCES AND WALLS
A. Residential Districts
B. Industrial and Commercial Districts
C. Decorative Features

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Indianola Zoning Code Update | Chapter 165 Outline

5.

D. Swimming Pool Enclosures
E. Fences Frames
F. Retaining Walls
G. Materials and Maintenance
H. Measuring Fence or Wall Height
I.
Overland Flowage Easements
J.
Exceptions to Fence Requirements
NONCONFORMITIES
A. Nonconforming Uses
B. Nonconforming Lots of Record
C. Nonconforming Uses of Land
D. Nonconforming Structures
E. Nonconforming Uses of Structures
F. Repairs and Maintenance

165.05 ZONING DISTRICT REGULATIONS
1.

2.
3.
4.
5.

REGULATIONS BY ZONING DISTRICT
A. Agricultural / Open Space Zoning District (A-1)
B. Single-Family Residential Detached Zoning District (R-1)
C. Single-Family Residential Attached Zoning District (R-2)
D. Multi-Family Residential Zoning District (R-3)
E. Manufactured Home Park Zoning District (R-4)
F. Neighborhood Commercial Zoning District (C-1)
G. Highway Commercial Zoning District (C-2)
H. Downtown Mixed-Use Zoning District (C-3)
I.
Limited Industrial Zoning District (M-1)
J.
General Industrial Zoning District (M-2)
K. Planned Unit Development (PUD)
RESIDENTIAL ZONING DISTRICTS BUILDING BULK AND DENSITY REGULATIONS
NON-RESIDENTIAL BULK AND DENSITY REGULATIONS
PERMITTED AND SPECIAL USES
STANDARDS FOR ALL ZONING DISTRICTS
A. Small Wind Energy Conversion Systems
B. Solar Energy Systems
C. Accessory Dwelling Units
D. Home Occupations
E. Outdoor Sales and Displays for Commercial and Retail Businesses
F. Outdoor Storage
G. Loading Docks, Delivery and Service Overhead Doors
H. Trash and Recycling Collection
I.
Equipment Screening
J.
Exterior Lighting
K. Attached and Free-Standing Drive-Thru Canopies
L. Medical Cannabidiol Dispensaries and Manufacturing Facilities
M. Delayed Deposit Services Businesses and Pawnshops
N. Manufactured Homes

165.06 SITE PLAN REGULATIONS AND PROCEDURES
1.
2.

3.
4.

SITE PLAN REQUIRED
SITE PLAN APPLICATION
A. Agricultural Related and Single-Family Dwellings
B. All Other New Uses, Buildings, and Structures
C. General Provisions
SITE PLAN EXPIRATION
DESIGN STANDARDS
A. General Design Policies
B. Storm Water Management, Grading, and Paving Design Standards

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Indianola Zoning Code Update | Chapter 165 Outline
5.

CONDOMINIUM CONVERSIONS
A. Conversion to Condominium
B. Application
C. Recording of Declaration

165.07 OFF-STREET PARKING REGULATIONS
1.
2.

3.

STATEMENT OF INTENT
OFF-STREET LOADING AND PARKING SPACES REQUIRED
A. Off-Street Loading Spaces
B. Off-Street Parking Spaces
PARKING AREA DESIGN STANDARDS
A. Access and Driveways
B. Setbacks

165.08 OPEN SPACE, LANDSCAPING AND BUFFERING
1.
2.
3.
4.

5.

6.

7.

8.

STATEMENT OF INTENT
APPLICABILITY
DEFINITIONS
OPEN SPACE AND LANDSCAPING REQUIRED
A. Open Space
B. Landscaping
BUFFERING
A. Buffers Required
B. Burden of Providing a Required Buffer
C. General Buffer Provisions
D. Buffer Options
PLANT MATERIALS STANDARDS
A. Plant Materials
B. Existing Trees and Tree Preservation Credit
REVIEW AND APPROVAL PROCESS
A. Plan Approval Required
B. Plan Submittal Requirements
C. Final Approval
D. Modifications
E. Nonconformities
MAINTENANCE AND REPLACEMENT
A. Maintenance
B. Replacement

165.09 BUILDING DESIGN STANDARDS
1.
2.
3.
4.
5.

6.
7.

8.

STATEMENT OF INTENT
APPLICABILITY
EXCEPTIONS
DEFINITIONS
GENERAL PROVISIONS
A. Building Facadism
B. Application of Exterior Building Materials on Primary Facades
C. Use of Trim on Primary Façades
D. Shutters
E. Soffits, Overhangs, and Cornices
F. Building Mounted Equipment Screening
BUILDING EXTERIOR FINISH MATERIALS
STANDARDS BY BUILDING TYPE
A. Building Use Types
B. Buildings Design Standards by Building Use Type
REVIEW AND APPROVAL PROCESS
A. Plan Approval Required
B. Plan Submittal Requirements

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Indianola Zoning Code Update | Chapter 165.01 Title

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.01 TITLE, PURPOSE, JURISDICTION AND ESTABLISHMENT OF
DISTRICTS AND MAP
1.

TITLE AND STATEMENT OF PURPOSE

4.

ESTABLISHMENT OF DISTRICTS

2.

JURISDICTION

5.

ADOPTION OF ZONING MAP

3.

INTERPRETATION OF STANDARDS

1. TITLE AND STATEMENT OF PURPOSE
The ordinance codified in this chapter is entitled “An ordinance to regulate and restrict the location
and use of buildings, structures, and land for trade, industry, residence and other purposes; to
regulate and restrict the height of buildings and structures, the number and size of buildings and
other structures; to establish the size of yards, courts, and other open spaces; to establish
minimum lot areas; and regulate the density of population and the percentage of lot that may be
occupied; to require off-street parking; to regulate the location, size and number of signs, to divide
the City into districts for such purposes; to provide for the administration and enforcement of its
provisions; to create a Board of Adjustment; to prescribe penalties for the violation of its
provisions, all in accordance with Chapter 414, Code of Iowa,” and may be known and cited as
“The Zoning Ordinance of the City of Indianola, Iowa.”
The purpose of this chapter is to prevent and to lessen congestion in the streets and highways; to
secure safety from fire, flood, panic and other dangers; to protect the public health and general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; to conserve the value of buildings and
encourage the most appropriate use of land throughout the City, all in accordance with a
comprehensive plan.
2. JURISDICTION
These regulations apply to development of any parcel of land located within the corporate limits
of the City of Indianola or outside the corporate limits of the city as provided by law. No building
permit or certificate of occupancy shall be issued for any parcel of land or development after the
effective date of this Chapter that is not in conformance with the provisions of the Zoning
Ordinance. No excavation of land or construction of any public or private improvements shall take
place or be commenced except in conformity with the Zoning Ordinance.

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Indianola Zoning Code Update | Chapter 165.01 Title

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3. INTERPRETATION OF STANDARDS
In their interpretation and application, the provisions of the Zoning Ordinance shall be held to be
minimum requirements. Where the Zoning Ordinance imposes a greater restriction than is
imposed or required by other provisions of law or by other rules or regulations or ordinances, the
provisions of the Zoning Ordinance shall control.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the
following rules shall apply:
1. Boundaries indicated as approximately following the centerline of streets, highways, or
alleys shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.
3. Boundaries indicated as approximately following township lines or section lines shall be
construed as following township lines or section lines.
4. Boundaries indicated as following railroad lines shall be construed to be midway between
the main tracks.
5. Boundaries indicated as following shorelines shall be construed to follow such shorelines
and in the event of change in the shoreline, shall be construed as moving with the actual
shoreline; boundaries indicated as approximately following the centerlines of streams or
other bodies of water shall be construed to follow such centerlines.
6. Boundaries indicated as parallel to or extensions of features indicated in Subsections 1
through 5 above shall be so construed. Distances not specifically indicated on the official
zoning map shall be determined by the scale of the map.
7. Where physical or cultural features existing on the ground are at variance with those
shown on the official zoning map, or in other circumstances not covered by Subsections 1
through 6 above, the Director of Community Development shall interpret the district
boundaries.
4. ESTABLISHMENT OF DISTRICTS
The City is hereby divided into districts which are designated as follows:
Agricultural / Open Space Zoning District (A-1)
Single-Family Residential Detached Zoning District (R-1)
Single-Family Residential Attached Zoning District (R-2)
Multi-Family Residential Zoning District (R-3)

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Manufactured Home Park Zoning District (R-4)
Neighborhood Commercial Zoning District (C-1)
Highway Commercial Zoning District (C-2)
Downtown Mixed-Use Zoning District (C-3)
Limited Industrial Zoning District (M-1)
General Industrial Zoning District (M-2)
Planned Unit Development (PUD)
The locations and boundaries of these districts are shown on the official zoning map.
5. ADOPTION OF ZONING MAP
The official zoning map, and the explanatory material thereon, is hereby adopted by reference
and declared to be a part of this chapter. The official zoning map shall be identified by the
signature of the Mayor and attested to by the Clerk. The official zoning map shall be on file in the
office of the Clerk and shall be the final authority as to the current zoning status of land, buildings
and other structures in the City.

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Indianola Zoning Code Update | Chapter 165.02 Procedures

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.02 PROCEDURES, AMENDMENT, AND ENFORCEMENT
5.

AMENDMENTS

1.

CONFORMANCE REQUIRED

2.

BUILDING PERMIT AND SITE PLAN REQUIRED

A.

Request by Petition

3.

ADMINISTRATION AND ENFORCEMENT

B.

City Council Referral

A.

Zoning Administrator

C.

B.

Board of Adjustment

Zoning Commission Disapproval or Protest
Petition

D.

Filing Fees

4.

CERTIFICATE OF OCCUPANCY
A.

Construction Compliance Certificate

B.

Multiple-Dwelling Construction Compliance
Certificates

C.

Occupancy Compliance Certificate

D.

Application for Compliance Certificates

6.

APPLICATIONS AND FEES

7.

PENALTIES

1. CONFORMANCE REQUIRED
Except as hereinafter specified, no building or structure shall be erected, converted, enlarged,
reconstructed or structurally altered, nor shall any building or land be used, which does not
comply with all of the district regulations established by the Zoning Ordinance for the district in
which the building or land is located.
2. BUILDING PERMIT AND SITE PLAN REQUIRED
No building, structure, foundation, tower, fence, or wall shall be constructed or erected without
prior approval and receipt of a building permit from the City. No building permit and no certificate
of occupancy shall be issued until a Site Plan or Special Use Permit has been approval as provided
herein this Chapter. Approval of a Site Plan is required as follows for all uses in accordance with
the procedures and requirements of Chapter 165.06 herein this ordinance. A record of
applications and site plans shall be kept in the office of the Zoning Administrator.
3. ADMINISTRATION AND ENFORCEMENT
A. Zoning Administrator
There is hereby created the position of Zoning Administrator, who shall be named by the City
Manager. The Zoning Administrator shall administer and enforce the provisions of the Zoning
Ordinance and shall have the following powers and duties in connection therewith:
(1) To issue all permits and certificates required by the Zoning Ordinance.

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(2) To notify in writing the person responsible for any violations of any of the provisions of
the Zoning Ordinance, indicating the nature of the violation and ordering the action
necessary to correct it.
(3) To order discontinuance of illegal use of land, buildings, or structures or of additions,
alterations or structural changes thereto; discontinuance of any illegal work being done,
or take any other action authorized by the Zoning Ordinance to ensure compliance with
or to prevent violation of its provisions.
The City Manager may delegate the powers and duties of the office of Zoning Administrator
to any other officer or employee of the City or may combine the powers and duties of this
office with any other office or position.
B. Board of Adjustment
A Board of Adjustment is hereby established which shall consist of five (5) members appointed
by the Mayor subject to confirmation by the Council for staggered terms of five years. The
terms of office of the members of the Board of Adjustment and the manner of their
appointment shall be as provided by statute. Vacancies will occur in said Board on the death,
resignation, or failure to meet residency requirements of any member of said board. If any
member fails to attend at least 75% of the official meetings in one year an automatic vacancy
will exist on said board. A member may have only one excused absence per year. The excused
absence shall only be granted by the Chairperson of the Board. When a vacancy occurs, the
vacancy will then be filled in the same manner as the original appointment for the remainder
of the unexpired term.
(1) Meetings: The meetings of the Board shall be held at the call of the Chairperson and at
such other times as the Board may determine. Such Chairperson or, in the absence of the
Chairperson, the acting Chairperson may administer oaths, subpoena witnesses and
compel the attendance of witnesses. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote of each member on
each question, or if absent or failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall be immediately filed in the
office of the City Clerk and shall be a public record. The presence of three (3) members is
necessary to constitute a quorum.
(2) Appeals: Appeals to the Board may be taken by any person aggrieved or by any officer,
department, board or bureau of the City affected by any decision of the Zoning
Administrator. Such appeal shall be taken within ten (10) days by filing with the Zoning
Administrator and with the Board a notice of appeal specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from is taken. An appeal stays all proceedings in
furtherance of the action appealed from, unless the Zoning Administrator certifies to the
Board, after notice of appeal shall have been filed with the Zoning Administrator, that by
reason of the facts stated in the certificate, a stay would, in the Administrator’s opinion,
cause imminent peril to life or property. In such case, proceedings shall not be stayed

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Indianola Zoning Code Update | Chapter 165.02 Procedures

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otherwise than by a restraining order which may be granted by the Board or by a court of
record on application, on notice to the Zoning Administrator and on due cause shown.
The Board shall fix a reasonable time for the hearing on the appeal, give public notice
thereof as well as due notice to the parties in interest, and decide the same within a
reasonable time. At the hearing any party may appear in person or by agent, or by
attorney. Before an appeal is filed with the Board of Adjustment, the appellant shall pay
to the City Clerk the fee as established by resolution of the City Council.
(3) Power and Duties: The Board shall have the following powers and duties:
a. Appeals - To hear and decide appeals where it is alleged there is an error in any order,
requirements, decision or determination made by the Zoning Administrator in
enforcement of the Zoning Ordinance.
b. Variances - To grant a variance from the terms of the Zoning Ordinance when a
property owner can show that the owner’s property was acquired in good faith and
where by reason of exceptional narrowness, shallowness, or shape of a specific piece
of property, or where by reason of exceptional topographical conditions or other
extraordinary or exceptional situation, the strict application of the terms of the Zoning
Ordinance actually prohibits the use of such property in a manner reasonably similar
to that of other property in the same district, and where the Board is satisfied under
the evidence before it that a literal enforcement of the provisions of the Zoning
Ordinance would result in unnecessary hardship; provided, however, all variations
granted under this clause shall be in harmony with the general purpose and intent of
the Zoning Ordinance. Furthermore, the following findings shall be made in order to
grant a variance:
i.

That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district;

ii.

That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance;

iii. That the special conditions and circumstances do not result from the actions of
the applicant;
iv. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or buildings in
the same district. No nonconforming use of neighboring lands, structures or
buildings in other districts shall be considered grounds for the issuance of a
variance.
In granting any variance, the Board may prescribe appropriate conditions and
safeguards in conformity with this Ordinance. Violation of any such conditions and
safeguards shall be deemed a violation of this Ordinance. Under no circumstances

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shall the Board grant a variance to allow a use not permissible under the terms of the
Zoning Ordinance in the district involved, or any use expressly or by implication
prohibited by the terms of the Zoning Ordinance in said district.
If relevant and applicable, the Board may prescribe a time limit within which the action
for which the variance is required shall begin or be completed, or both. Failure to
begin or complete, or both, such action within the time limit shall void the variance. If
no time limit is set by the Board and if relevant to the variance, then the granted
variances shall become void eighteen months after the date of the Board approval
unless a building permit has been issued for the construction provided for by the
variance. In the event the building permit for the construction provided for by the
variance expires or is canceled, then the variance approval shall become void.
c.

Special Use Permits - To review and consider approval of a Special Use Permit for a
Special Use as identified Permitted and Special Uses Table contained in CHAPTER
165.05 of the Zoning Regulations. The following shall be required:
i.

Special Use Permit Application - A site plan (including number of copies),
application form, and any additional information and details as specified and
required by the Zoning Administrator as necessary to determine compliance with
all applicable codes and requirements shall be submitted to the Zoning
Administrator along with the Special Use Permit Application fee as established by
resolution of the City Council.

ii.

Special Use Permit Procedure - The Special Use Permit Application shall be
reviewed by the Zoning Administrator, or their designee, for completeness.
Incomplete applications shall be returned to the applicant with a list of the missing
items or details. Applications deemed completed shall be distributed to other city
departments and other agencies as necessary for review and comment as to its
compliance with all zoning regulations and other pertinent city codes, regulations,
and policies.

iii. Special Use Permit Review by Board of Adjustment - Subsequent to review by the
Zoning Administrator and other city departments and agencies, the Zoning
Administrator, or their designee, shall submit to all members of the Board a copy
of the Special Use Permit Application along with a written recommendation as to
the application’s conformity with the rules and regulations of the city.
iv. The Board shall subsequently hold a duly noticed public hearing as prescribed by
their rules of procedures, and the noticing requirements contained herein, and
review the Application for conformity with the zoning regulations and standards.
The Board may approve, approve with conditions, or deny the Special Use Permit
Application.
v.

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Findings for Approval - In order to approve a Special Use Permit, the Board shall
make the following findings:

Indianola Zoning Code Update | Chapter 165.02 Procedures

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1 - The proposed use, site improvements, and site plan comply with the minimum
requirements of the zoning district in which it is proposed to be located;
2 - The property is of adequate size to accommodate the proposed use and site
improvements including setbacks, open space, stormwater management, and
off-street parking;
3 - The proposed use and site improvements will not unduly impact the health,
safety, and general welfare of persons residing or working in adjoining
property or surrounding area;
4 - The proposed use and site improvements shall not unduly increase traffic
congestion;
5 - The proposed use and site improvements will not unduly burden public
utilities or increase risk to flooding;
6 - The proposed use and site improvements are compatible with the
surrounding neighborhood and shall not diminish or impair established
property values in adjoining or surrounding property; and,
7 - The issuance of the Special Use Permit will not endanger, jeopardize or harm
the health, safety or welfare of the properties and the community.
vi. Expiration of Special Use Permit Approval - All Special Use Permit approvals shall
expire and terminate 24-months after the date of the Board approval unless a
building permit has been issued for the construction provided for in the related
site plan. In the event the building permit for the construction provided for in the
related site plan expires or is canceled, then such site plan approval shall
thereupon terminate.
d. Public Hearing Noticing
Notice of each Board of Adjustment public hearing shall be mailed by first class mail
10 days prior to the meeting to all property owners within 200 feet of the boundary of
the property requesting a Variance or Special Use Permit.
e. Decisions of the Board.
i.

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In exercising the above powers, the Board may, in conformity with the provisions
of law, reverse or affirm, wholly or in part, or modify the order, requirement,
decision or determination appealed from, and make such order, requirement,
decision or determination as it believes proper, and to that end shall have all of
the powers of the Zoning Administrator. The concurring vote of three (3) of the
members of the Board shall be necessary to reverse any order, requirement,
decision or determination of the Zoning Administrator, or to decide in favor of the
applicant on any matter on which it is required to pass under this chapter.

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ii.

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No act of the Board shall become effective until after the decision of the Board has
been filed. Such decision may be contained within the minutes of the Board.

iii. Each variance granted by the Board shall contain a date upon which it shall be
effective.
iv. Every appeal, variance, or Special Use Permit granted or denied by the Board shall
be supported by a written testimony or evidence submitted in connection
therewith.
v.

Any taxpayer, or any officer, department, board or bureau of the City, or any
person or persons jointly or severally aggrieved by any decision of the Board may
present to a court of record a petition, pursuant to Iowa Code 17A.19, duly verified,
setting forth that such decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such petition shall be presented to the court within thirty (30) days
after the filing of the decision in the office of the Board.

4. CERTIFICATE OF OCCUPANCY
No land shall be occupied or used, and no building hereafter erected or structurally altered shall
be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by
the Zoning Administrator, stating that the building and use comply with the provisions of the
Zoning Ordinance. No change of use shall be made in any building or part thereof, now or
hereafter erected or structurally altered, without a permit being issued therefor by the Zoning
Administrator. No permit shall be issued to make a change unless the changes are in conformity
with provisions of the Zoning Ordinance. Nothing in this section shall prevent the continuance of
a nonconforming use as authorized in the Zoning Ordinance, unless discontinuance is necessary
for the safety of life or property.
A. Construction Compliance Certificate
Subsequent to the adoption of this chapter a construction compliance certificate shall be
obtained from the Administrative Officer before any building or structure shall be erected,
reconstructed, or structurally altered to increase the exterior dimensions, height, or floor area,
or remodeled to increase the exterior dimensions, height, or floor area, or remodeled to
increase the number of dwelling units or accommodate a change in use of the building and/or
premises or part thereof. The construction compliance certificate shall state that the
proposed construction complies with all provisions of this chapter, and no subsequent
modifications shall be made to plans or to actual construction that would be in violation of
this chapter. A construction compliance certificate issued under this section shall lapse six
months from the date of its issuance unless construction has begun within that period and
shall also lapse if construction is stopped after it is initiated for a period of time in excess of
120 days. In the event that a construction compliance certificate lapses for either of the above
reasons, a new certificate shall be required before construction can resume. This amendment
shall apply to all outstanding building permits at the time of its adoption so that if construction

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is not commenced within six months after the date of this amendment, the rights under the
building permit shall lapse.
B. Multiple-Dwelling Construction Compliance Certificates
Requests for construction of multiple-dwelling compliance certificates shall be examined by
the Fire Chief who shall make a recommendation for approval or disapproval to the Zoning
Administrator who shall finally either approve or disapprove the request.
C. Occupancy Compliance Certificate
Subsequent to the effective date of this chapter, no change in the use or occupancy of land
nor any change in use or occupancy in an existing building, other than for single-family
dwelling purposes, shall be made, nor shall any new building be occupied for any purpose
other than a single-family dwelling until an occupancy compliance certificate has been issued
by the Administrative Officer. Every occupancy compliance certificate shall state that the new
occupancy complies with all provisions of this chapter and no subsequent modifications shall
be made to the occupancy, use, or method of operation that would be in violation of this
chapter. No single-, two-, or multiple-family dwelling or other structure designed for human
use or occupancy shall be occupied nor shall any occupancy compliance certificate be issued
for any of the foregoing until and unless all improvements and installations required by
Chapter 170 of this Code of Ordinances have been made and accepted by the City.
D. Application for Compliance Certificates
Applications for compliance certificates shall be made prior to beginning construction or
assuming occupancy on fully completed application forms obtained from the Administrative
Officer, accompanied by such plans and information necessary to determine that the
proposed construction or occupancy complies with all applicable provisions of this chapter.
5. AMENDMENTS
The City Council may, from time to time, on its own action or on petition, after public notice and
hearings as provided by law, and after report by the Zoning Commission, amend, supplement, or
change the boundaries or regulations herein or subsequently established, and such amendment
shall not become effective except by the favorable vote of a majority of all the members of the
Council. The procedures for amendment are as follows:
A. Request by Petition
Whenever any person desires that any amendment, or change be made in the Zoning
Ordinance, including the text and/or map, as to any property covered by the Zoning
Ordinance, and there is presented to the Council a petition requesting such change or
amendment and clearly describing the property and its boundaries as to which the change or
amendment is desired, duly signed by the owners of fifty percent (50%) of the area of all real
estate included within the boundaries of said tract as described in said petition, and in
addition, duly signed by the owners of fifty percent (50%) of the area of all real estate lying

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outside of said tract but within two hundred (200) feet of the boundaries thereof, and
intervening streets and alleys not to be included in computing such two hundred (200) feet, it
is the duty of the Council to receive and refer the request to the Zoning Commission for its
review and consideration at a duly noticed public meeting in accordance to the Commission’s
rules of procedures and the noticing requirements contained herein. The findings and
recommendations of the Zoning Commission shall then be forwarded to the City Council for
consideration and action.
B. City Council Referral
The owner of a property may submit a written request to the Zoning Administrator for their
property to be rezoned. If the requested rezoning is not consistent with the adopted
Comprehensive Plan, the property owner may further request the Comprehensive Plan be
amended as part of the requested rezoning. The Zoning Administrator will then present this
request to the City Council, who, at their discretion, may adopt a motion to refer the request
to the Zoning Commission for consideration at a duly noticed public meeting in accordance
with their procedures and the noticing requirements contained herein. The findings and
recommendations of the Zoning Commission shall then be forwarded to the City Council for
consideration and action. The City Council may further by motion forward their own request
to the Zoning Commission to review and consider an amendment to the adopted
Comprehensive Plan, the rezoning of a given property or properties, or amendments to the
zoning regulations.
C. Zoning Commission Disapproval or Protest Petition
In case the proposed amendment, supplement or change is disapproved by the Zoning
Commission, or a protest is presented duly signed by the owners of twenty percent (20%) or
more either of the area of the lots included in such proposed change, or of those immediately
adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred
(200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or
not to exceed two hundred (200) feet from the street frontage of such opposite lots, such
amendment shall not become effective except by the favorable vote of at least three-fourths
(¾) of all members of the Council. Whenever any petition for amendment, supplement or
change of the zoning districts or regulations herein contained or subsequently established has
been denied by the Council, then no new petition covering the same property or the same
property and additional property shall be filed with or considered by the Council until one year
shall have elapsed from the date of filing of the first petition.
D. Public Hearing Noticing
Not less than seven nor more than 20 days’ notice of the time and place of the City Council
hearing to consider any proposed amendment or change in the Zoning Ordinance or zoning
district boundaries shall be published in a newspaper having general circulation in the
City. The Commission shall not make any recommendation to the Council on an amendment
to any zoning district boundaries until a sign 18 inches by 24 inches indicating the amendment
requested has been prepared and posted by the City in a visible location on the premises for
a period of 10 days. Notice of the Commission meeting shall be mailed by first class mail 10

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days prior to the meeting to all property owners within 200 feet of the boundary of the
property requesting an amendment to its zoning district boundaries.
E. Filing Fees
Before any action is taken as provided in this section, the owner or owners of the property
requesting the proposed changed in the district regulations or district boundaries shall pay to
the City Clerk the fee as established by resolution of the City Council.
6. APPLICATIONS AND FEES
The Zoning Administrator shall establish and provide the application form and information
required for all applications as may be necessary and required this ordinance. The fees for all
applications shall be as established by resolution of the City Council.
7. PENALTIES
Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of the Zoning Ordinance shall, upon conviction, be fined for
each offense up to the maximum amount as allowed by the Code of Iowa. Each day that a violation
is permitted to exist constitutes a separate offense.

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.03 DEFINITIONS

The following terms are defined for the purposes of this chapter:
1.

Accessory use or structure: A use or structure on the same lot with the principal use or
structure and serving a purpose customarily incidental and subordinate to the principal use
or structure. An accessory use shall not be taller than, encompass more floor area or use a
greater part of the lot than the principal permitted use or as further limited within this Zoning
Regulations. A prohibited principal use is also a prohibited accessory use in the same district.

2.

Addition: An extension or increase in floor area or height of a building or structure.

3.

After Hours Business: Any business open during any time between the hours of two o'clock
(2:00) A.M. to six o'clock (6:00) A.M. any day of the week and where patrons are allowed to
bring their own beer and wine onto the business premises.

4.

Agriculture: The use of land for agricultural purposes, including those forms of row-crop
farming, horticulture, floriculture, forestry, groves, orchards, and viticulture and limited
animal husbandry, apiculture, dairying, poultry husbandry, ranching as specified herein
appropriate for operation in an urban and urbanizing area, and also those necessary
accessory uses for packing, treating or storing the produce. The operation of the accessory
uses shall be subordinate to that of the normal agricultural activities. This definition does not
include any animal feeding operations, confined animal feeding operations, open feedlots,
and similar operations containing 12 or more animals. Furthermore, this definition does not
include any processing of animal products.

5.

Amusement arcade: A building or part of building in which five or more pinball machines,
video games, or other similar player-operated amusement devices are maintained.

6.

Animal shelter: A facility, other than a private residential dwelling and its surrounding grounds,
that is used to house or contain animals and that is owned, operated, or maintained by a
nongovernmental entity, including (but not limited to) a humane society, animal welfare
organization, society for the prevention of cruelty to animals, or any other organization
operating for the purpose of finding permanent adoptive homes for animals.

7.

Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the
transmission or reception of electromagnetic waves external to or attached to the exterior of
any building. (Also see “satellite dish antenna” and “communications tower.”)

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8.

Apartment house or building: Any building or portion thereof, which is designed, built, rented,
leased, let or hired out to be occupied, or which is occupied as the home or residence of three
(3) or more families living independently of each other and doing their own cooking in the
building. Said buildings have dwelling units that are both vertically and horizontally attached
to one another. (See “Dwelling, multiple-family.”)

9.

Assisted living residential facility: A building consisting of individual dwelling units where meals
and assistance for daily living activities are provided to the residents, who are primarily elderly
persons. Such facility must be licensed as a Residential Care Facility, Intermediate Care Facility
or Skilled Nursing Facility under Chapter 135C, Code of Iowa.

10.

Automobile sales and storage lot: An open, off-street area where 100 or more new and used
operable motor vehicles are stored or offered or displayed for sale or advertising
purposes. No motor vehicle may be sold or stored in any location other than an automobile
sales and storage lot.

11.

Automobile service center: Any building or premises where at least fifty percent (50%) of the
business is derived from retail sales of auto parts and accessories. Major work, including (but
not limited to) engine and transmission overhauls and/or changes, shall not be permitted.

12.

Bar: Any establishment devoted primarily to the selling, serving or dispensing and drinking of
malt, vinous, or other alcoholic beverage by 50% or more of total gross sales, and where such
beverages are consumed on the premises. (This definition includes and may also be referred
to as a “Cocktail Lounge,” “Tavern,” or “Saloon.”)

13.

Basement: The lower part of a building having more than one-half (½) of its height between
its floor and the floor of the story above it below the adjacent ground elevation.

14.

Bed and Breakfast Inn: An owner-occupied dwelling unit that contains no more than five (5)
guest rooms where lodging, with or without meals, is provided for compensation. For
establishments to be considered a bed and breakfast inn, versus an extended stay hotel,
apartment hotel, or apartment house or building, all rooms must be available for rent for as
little as one (1) night and no more than 30 days, no rental contract or similar agreement is
involved, and the establishment must be licensed as a hotel and collect and pay hotel/motel
tax on all guest rooms and guest stays.

15.

Billboard: All structures, regardless of the material used in the construction of the same, that
are erected, maintained or used for public display of posters, painted signs, wall signs
(whether the structure be placed on the wall or painted on the wall itself), pictures or other
pictorial reading matter which advertise a business or attraction which is not carried on or
manufactured in or upon the premises upon which said signs or billboards are located.

16.

Boarding house or rooming house: A building other than a hotel or motel where, for
compensation, lodging, or lodging and meals, are provided for three (3) or more persons.

17.

Body Piercing Studio: Any establishment or business wherein body piercing is practiced.
Specifically excluded from this definition are retail jewelry businesses offering ear piercing as

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a complimentary service. (See “Tattoo Studio.”)
18.

Brewery, micro: A business that brews beers, ales, and/or similar beverages on-site for
distribution, retail or wholesale, on or off-premises and produces no more than 10,000 barrels
of beer or ale annually. A microbrewery may include a tasting room for consumption onpremises as defined in Iowa Code Section 123.3(16).

19.

Buffer: A landscaped area, wall, or other structure intended to separate or partially obstruct
the view between two adjacent zoning districts, land uses or properties from one
another. (Also see “screening.”)

20.

Building: Any structure designed or intended for the support, enclosure, shelter or protection
of persons, animals or property, but not including signs or billboards.

21.

Building, height of: The vertical distance from the average natural grade at the building line,
to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the
highest gable of a pitch or hip roof.

22.

Building line: The line parallel to the front lot line over which no portion of any building, except
an overhang or chimney, may extend and which is a distance from the front lot line equal to
the depth of the front yard required for the district in which such lot is located.

23.

Car wash: An area of land and/or a structure with machine or hand-operated facilities used
principally for the cleaning, washing, polishing, or waxing of motor vehicles.

24.

Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on
not more than two (2) sides. For the purpose of the Zoning Regulations, a carport attached to
a principal building is considered as part of the principal building and subject to all yard
requirements herein.

25.

Child: A person under 18-years of age.

26.

Child Care Center: A facility providing child day care for seven or more children at one time,
except when the facility is registered as a group care facility or when officially registered by
the State of Iowa as a Child Development Home. (See Chapter 237A.1 of the State Code of
Iowa.)

27.

Child Day Care: (See Chapter 237A of the State Code of Iowa) The care, supervision, or
guidance of a child by a person other than the parent, guardian, relative, or custodian for
periods of two hours or more, and less than twenty-four hours per day per child, on a regular
basis, in a place other than the child's home, but does not have:
A. An institutional program administered by a public or non-public school system approved
by the Iowa State Department of Public Instruction or the Iowa State Board of Regents.
B. A religious-related instructional program of not more than one day per week.

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C. Short-term classes held between school terms.
D. A program administered by a political subdivision of the State which is primarily for
recreational or social purposes and is limited to children who are five years of age or older
and attending school.
28.

Child Care Home: A private residence where child care is provided to five (5) or fewer children
at any one time and that is not registered with the State of Iowa. (See Chapter 237A.3 of the
State Code of Iowa.)

29.

Child Development Home: A private residence, officially registered by the State of Iowa as a
“Child Development Home,” to provide child day care to six or more children at any one time
following the categories and regulations as defined by the Iowa Department of Human
Services (DHS) on July 1, 2017. (See Chapter 237A.3A of the State Code of Iowa.)

30.

Church or place of religious worship: An institution that people regularly attend to participate
in or hold religious services, meetings, and other typical ancillary activities. The term “church”
does not carry a secular connotation and includes buildings in which the religious services of
any denomination are held. This does not include a dwelling.

31.

Clinic, medical or dental: A building or buildings in which physicians, dentists, and allied
professional assistants are associated for the purpose of carrying on their professions.

32.

Club: An organization of persons for special purposes or for the promulgation of sports, arts,
literature, politics, fitness, or the like but not operated for profit, excluding churches, or other
houses of worship.

33.

Comprehensive Plan: The Comprehensive Plan for the City of Indianola, which sets forth the
City’s long-range plans for land use, transportation, municipal utilities, City expansion,
management and development policies to guide the City’s growth and from which the City’s
zoning regulations shall be based.

34.

Commission: Means the Planning and Zoning Commission of Indianola, Iowa.

35.

Communications tower: A structure that is intended for transmitting or receiving television,
radio, short-wave, citizens band or telephone communications. (See Chapter 161 for
definitions related to Communication Towers and Equipment.)

36.

Condominium: An estate in real property as regulated by Chapter 499B of the Code of Iowa
consisting of an undivided interest in common with other purchasers in a portion of a parcel
of real property, together with a separate interest in space in a building, such as an
apartment. A condominium may include, in addition, a separate interest in other portions of
such real property.

37.

Condo-Conversion (Condominium Conversion): The filing of a condominium regime, per the
Code of Iowa, for an existing real estate property, such as the conversion of an apartment
building into condominiums.

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38.

Convenience store: Any retail establishment, generally less than 10,000 square feet in size,
offering for sale food products, household items and other goods commonly found in grocery
stores and may include automotive and truck fuel sales. Any such business with 50% or more
of its gross sales in alcohol and/or tobacco shall be considered a liquor store or a tobacco
store.

39.

Cul-de-sac: A local street, one end of which is closed and consists of a circular turnaround.

40.

Delayed Deposit Services Business: A person or individual, group of individuals, partnership,
association, corporation, or any other business unit or legal entity who for a fee does either
of the following:
A. Accepts a check, draft, share draft, or other instrument for the payment of money dated
after the date it was written.
B. Accepts a check, draft, share draft, or other instrument for the payment of money dated
on the date it was written and holds it for a period of time prior to deposit or presentment
pursuant to an agreement with, or any representation made to, the maker of the check,
draft, or other instrument whether express or implied.
The above are typically referred to as “Check Cashing,” “Payday Lending,” or “Car Title Loan”
establishments.

41.

Density, gross: The number of dwelling units permitted per acre of gross land within a defined
area including public streets and open spaces.

42.

Density, net: The number of dwelling units per net acre of land being developed not including
public streets and open spaces.

43.

Department store: Any store, whether independently operated or part of a larger entity, which
markets consumer goods to the general public and occupies a space of 10,000 square feet or
more.

44.

Display lot: The lot area that is for display of sellable durables that are the primary durables
of the business.

45.

Dock: any elevated protrusion intended or used for purposes of loading and unloading goods,
merchandise, cargo, or other tangible goods.

46.

Drive-in or Drive-thru Facility: An establishment that provides or dispenses products or
services, through an attendant or an automated machine, to persons remaining in their
vehicle that are in designated drive-thru vehicle stacking lanes. A drive-thru facility may be in
combination with other uses, such as financial institutions, restaurants, pharmacies, and
service providers such as dry cleaners. For the purposes of the Zoning Regulations,
automotive and truck washes and automotive and truck fuel sales facilities will not be
categorized as drive-thru facilities.

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47.

Driveway: A privately owned roadway giving access from a public street to a building lot or
abutting property.

48.

Dwelling: Any building or portion thereof which is designed or used exclusively for residential
purposes, but not including a tent, cabin, trailer, or mobile home, and designed to be placed
on, supported by and attached to a continuous perimeter foundation, which is permanent
and constructed in accordance with the Indianola Building Code for site-built housing.

49.

Dwelling, accessory: A separate and smaller second dwelling that is located within the lot or
building envelop of a single-family dwelling and is held under the same ownership of that
single-family dwelling. This separate dwelling contains its own living, cooking, and
housekeeping facilities, may or may not have its own entrance, and is contained within,
attached to, or built separate from the principal single-family dwelling. Examples include: a
dwelling over an attached or detached garage, a tiny house built on a separate foundation in
the backyard, a dwelling within the basement of the principal building, or a dwelling attached
to the principal building.

50.

Dwelling, multiple-family: A building with three (3) or more dwelling units designed for or
occupied by three or more families with separate cooking and housekeeping facilities for each,
where either the units share a common entrance from the exterior of the building or any
single unit has common walls or floors with more than two units. Said buildings have dwellings
units that are both vertically and horizontally attached to one another. (See “Apartment house
or building.”)

51.

Dwelling, row: Three (3) or more horizontally attached dwelling units in a continuous row. (See
“Dwelling, townhouse.”)

52.

Dwelling, single-family, detached: A detached dwelling erected on its own lot and designed for
or occupied by one family only, with the minimum width of twenty (20) feet for more than 65%
of the length of the building exclusive of garages.

53.

Dwelling, single-family, semi-detached: A dwelling designed for or occupied by one family only
which is erected on a separate lot and is joined to another such dwelling on one side only by
a wall located on the lot line and which has yards on the remaining sides (commonly referred
to as a duplex). Each dwelling shall have a minimum width of twenty (20) feet for more than
65% of the length of the building exclusive of garages.

54.

Dwelling, townhouse: A dwelling unit attached horizontally to 2 or more other dwelling units
by party walls, but no single unit shares party walls with more than two other units, and where
each unit maintains an individual entrance from the exterior of the building. (See “Dwelling,
row.”)

55.

Dwelling, two-family: A dwelling designed for or occupied by two (2) families only, with
separate housekeeping and cooking facilities for each, and erected on one lot. Each dwelling
shall have a minimum width of twenty (20) feet for more than 65% of the length of the building
exclusive of garages.

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56.

Dwelling unit: A room or group of rooms which are arranged, designed, or used as a dwelling
for the occupancy of one family, containing sleeping, bathroom, and kitchen facilities.

57.

Easement: A granted right by a land owner to a person, government agency, or public utility
company to use land owned by another for a specific purpose.

58.

Elder group home: A single-family residence that is a residence of a person who is providing
room, board and personal care to three through five persons 60 years of age or older who are
not related to the person providing the service within the third degree of consanguinity or
affinity and which is certified by the State Department of Elder Affairs as an elder group home
in accordance with 231B.2 of the Code of Iowa. In accordance with the Code of Iowa, elder
group homes owned and operated by public or private agencies shall be dispersed throughout
the residential zones and districts and shall not be located within contiguous city block areas.
(See “Family home.”)

59.

Factory-built home: Any structure, designed for residential use, which is wholly or in
substantial part made, fabricated, formed, or assembled in manufacturing facilities for
installation or assembly and installation, on a building site. For the purpose of the Zoning
Regulations, factory-built homes include manufactured homes and modular homes.

60.

Family: One (1) or more individuals occupying a dwelling unit and living together as a single,
nonprofit housekeeping unit, and sharing common living, sleeping, cooking, and eating
facilities. The definition of Family does not include any society, club, fraternity, sorority,
association, lodge, combine, federation, coterie, or like organization; any group of individuals
whose association is temporary or seasonal in nature; and, any group of individuals who are
in a group living arrangement because of criminal offenses. The definition of Family may
include licensed group care facilities or family homes as may be otherwise permitted.

61.

Family home: A community-based residential home which is licensed as a residential care
facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter
237 of the Code of Iowa, to provide room and board, personal care, habilitation services, and
supervision in a family environment exclusively for not more than eight persons with a
developmental disability or brain injury and any necessary support personnel. However,
family home does not mean an individual foster care family home licensed under Chapter 237.
In accordance with the Code of Iowa, family homes owned and operated by public or private
agencies shall be dispersed throughout the residential zones and districts and shall not be
located within contiguous city block areas.

62.

Farming: Defined as the raising and harvesting of tree crops, row crops, or field crops on an
agricultural or commercial basis, including incidental packing and processing.

63.

Farm Support Housing: The occupancy of any living accommodations by one (1) agricultural
employee and their family, without regard to duration, which occurs exclusively in association
with the performance of agricultural labor, on the same property as the support housing.

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64.

Fireworks retail sales facility: A retail sales facility for the sale of first-class consumer fireworks
as defined in Code of Iowa Section 100.19(1)(c) and/or second-class consumer fireworks as
defined in Code of Iowa Section 100.19(1)(e).

65.

Fitness center: An establishment providing physical fitness facilities and services to the public
for a fee, including but not limited to; game courts, exercise equipment, exercise areas,
running tracks, swimming pools, physical fitness maintenance and weight control services and
instructors, locker rooms, saunas and associated retail shop intended for members of club
only, and occupying a space of 10,000 square feet or more.

66.

Flood: A general and temporary condition of partial or complete inundation of normally dry
land areas resulting from the overflow of streams or rivers or from the unusual and rapid
runoff of surface waters from any source.

67.

Flood elevation: The elevation floodwaters reached at a particular site during the occurrence
of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters
related to the occurrence of the 100-year flood.

68.

Flood Insurance Rate Map (FIRM): The official map prepared by the Federal Insurance
Administration as part of (but published separately from) the Flood Insurance Study which
delineates both the flood hazard areas and the risk premium zones applicable to the
community.

69.

Flood Insurance Study: A study initiated, funded, and published by the Federal Insurance
Administration for the purpose of evaluating in detail the existence and severity of flood
hazards and providing the City with the necessary information for adopting a flood plain
management program and establishing actuarial flood insurance rates.

70.

Flood plain: A land area susceptible to being inundated by water as a result of a flood.

71.

Flood plain management: An overall program of corrective and preventive measures for
reducing flood damages and promoting the wise use of flood plains, including but not limited
to emergency preparedness plans, flood control works, flood proofing and flood plain
management regulations.

72.

Flood proofing: Any combination of structural and nonstructural additions, changes, or
adjustments to structures, including utility and sanitary facilities, which will reduce or
eliminate flood damage to such structures.

73.

Floodway: The channel of a river stream or other watercourse and those portions of the flood
plain adjoining the channel, which are required to carry and discharge floodwaters or flood
flows so that confinement of flood flows to the floodway area will not result in substantially
higher flood levels or flow velocities.

74.

Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be
filled, leveed, or otherwise obstructed without causing substantially higher flood levels or
flood velocities.

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75.

Floor area: (See Sec 407 UBC as adopted.)

76.

Funeral home: A building or part thereof used for human funeral services. Such building may
contain space and facilities for: (i) embalming and the performance of other services used in
preparation of the dead for burial; (ii) the performance of autopsies and other surgical
procedures; (iii) the storage of caskets, urns, and other related funeral supplies; (iv) the storage
of funeral vehicles; and (v) facilities for cremation. Where a funeral home is permitted, a
funeral chapel shall also be permitted.

77.

Garage, private: A detached, accessory building for the private use of the owner or occupant
of a principal building situated on the same lot of the principal building specifically designed
for the storage of motor vehicles, with no facilities for mechanical service or repair of a
commercial or public nature, and to which there is legal vehicular access from a public rightof-way.

78.

Gas station or service station: Any building or premises used for the retail sale of liquefied
petroleum products for the propulsion of motor vehicles, and including such products as
kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle
accessories, and other items customarily associated with the sale of such products; for the
rendering of services and making of adjustments and replacements to motor vehicles, and the
washing, waxing and polishing of motor vehicles, as incidental to other services rendered; and
the making of repairs to motor vehicles except those of a major type. Repairs of a major type
are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring,
and frame repairs; major overhauling of engines requiring the removal of engine cylinder
head or crankcase pan; repairs to radiators requiring the removal thereof; or complete
recapping or retreading of tires.

79.

Golf car: A small self-propelled vehicle designed to carry golfers and their golf equipment
around a golf course (sometimes erroneously referred to as a 'golf cart').

80.

Group care facility: (See “Family home.”)

81.

Health club: An establishment providing physical fitness facilities and services to the public for
a fee, including but not limited to; game courts, exercise equipment, exercise areas, running
tracks, swimming pools, physical fitness maintenance and weight control services and
instructors, locker rooms, saunas and associated retail shop intended for members of club
only, and occupying a space less than 10,000 square feet.

82.

Home occupation: A business, profession, occupation or trade conducted for gain or support
as an accessory use entirely within a dwelling, or a structure, which is incidental and secondary
to the use of such building for dwelling purposes and which does not change the essential
residential character of such building and complies with all city code requirements. (See
Chapter 165.05, Section 5-D, Home Occupations, for regulations.)

83.

Home owner’s or property owner’s association: A formally constituted non-profit association
or corporation made up of the property owners and/or residents of a definitive area, who

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collectively may take permanent responsibility for costs and upkeep of commonly owned or
designated community property.
84.

Hookah Lounge: An establishment where patrons are provided shisha (flavored tobacco) in a
hookah or nargile water smoking pipe or where customers use an electronic smoking or other
apparatus to deliver an inhaled dose of nicotine or other substance within the establishment.
These establishments may also be known or referred to as an E-Hookah Lounge or Bar.

85.

Hotel or motel: A building containing guest rooms in which lodging is provided and offered to
the public on a temporary basis for compensation, and which is open to transient guests, in
contrast to a bed and breakfast inn, boarding house, or rooming house. For establishments
to be considered a hotel or motel, versus an extended stay hotel, apartment hotel, or
apartment house or building, all rooms must be available for rent for as little as one (1) night
and no more than 30 days, no rental contract or similar agreement is involved, and the
establishment must be licensed as a hotel and collect and pay hotel/motel tax on all guest
rooms and guest stays.

86.

Hotel, extended stay or apartment hotel: A building containing furnished bedrooms with or
without cooking facilities in which lodging is provided and offered to the public on a weekly or
month basis for compensation.

87.

Junk yard: Any area where waste, discarded or salvaged materials are bought, sold,
exchanged, baled or packed, disassembled, kept, stored or handled, including house wrecking
yards, used lumber yards and places or yards for storage of salvaged house wrecking and
structural steel materials and equipment, but not including areas where such uses are
conducted entirely within a completely enclosed building, and not including automobile,
tractor or machinery wrecking and used parts yards, and the processing of used, discarded or
salvaged materials as part of manufacturing operations. No disassembled vehicle will be
allowed to be stored or kept in any location in the City other than a junk yard.

88.

Kennel: Any establishment where dogs, cats, or other similar animals or pets are boarded for
compensation or are bred or raised for commercial purposes or sale.

89.

Landscape: The design and development of land for human use and enjoyment. It is
concerned with the beauty of natural surroundings as well as practical ways to use land and
the objects on it.

90.

Laundry, self-service: A business that provides home-type washing, drying and/or ironing
machines for hire to be used by customers on the premises.

91.

Livestock: Animals kept or raised for use or pleasure, including cattle, horses, sheep, goats,
swine, and similar hoofed animals.

92.

Liquor Store: A retail shop or establishment that primarily sells prepackaged alcoholic
beverages, including wine, beer, and alcoholic liquors, intended to be consumed off the store’s
premises, and where 50% or more of total gross sales are derived from the sale of alcohol and
tobacco.

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93.

Lot: For the purpose of the Zoning Regulations, a parcel of land of at least sufficient size to
meet minimum zoning requirements for use, coverage and area and to provide such yards
and other open space as are herein required. Such lot shall have a frontage on a public street
unless it is part of a townhouse complex, and may consist of: (i) a single lot of record; (ii) a
portion of a lot of record; (iii) a combination of complete lots of record; of complete lots of
record and portion of lots of record; or of portions of lots of record; and (iv) a parcel of land
described by metes and bounds; provided that in no case of division or combination shall any
residual lot or parcel be created which does not meet the requirements of the Zoning
Regulations.

94.

Lot line: A line dividing one lot from another lot or from a street or alley.
A. Common lot line – A side lot line that is shared between attached structures.
B. Front lot line - The line which adjoins a public street or private street.
C. Rear lot line - The boundary which is opposite and most distant from the front lot line. In
the case of a corner lot, the rear lot line is opposite the front lot line of least dimension. In
case of an interior triangular or gore-shaped lot, it means a straight line ten-feet in length
which (in paragraph form) is parallel to the front lot line or its cord and intersects the two
other lot lines at points most distant from the front lot line.
D. Side lot line - Any lot line not a front lot line or a rear lot line.
E. Street side lot line of a corner lot – For a corner lot, the street frontage that is the longest
is typically the street side lot line and is perpendicular to the rear lot line.
F.

Depth - The mean horizontal distance between the front and rear lot lines as measured
perpendicular to the midpoint of the mean front lot line. In the case of an interior
triangular or gore-shaped lot, the depth is the horizontal distance between the midpoints
at the front lot line and rear lot lines.

G. Width - The horizontal distance between the side lot lines as measured perpendicular to
the line comprising the lot depth at its point of intersection with the required minimum
front yard setback.
95.

Lot of record: A lot which is part of a subdivision recorded in the Office of the County Recorder
or a lot or parcel described by metes and bounds, the description of which has been so
recorded. For purposes of the Zoning Regulations, an existing contract of purchase at the
time of the effective date of the Zoning Regulations also constitutes a lot of record.

96.

Lot types: As follows:
A. Corner lot - A lot located at the intersection of two or more streets and having the street
right-of-way abut the front lot lines of the lot.

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B. Double frontage or through lot - A lot, other than a corner lot, with frontage on more than
one street or public thoroughfare which do not intersect one another.
C. Interior lot - A lot, other than a corner lot, having frontage on but one street or public
thoroughfare.
D. Outlot – An unbuildable lot designated on a subdivision plat and intended for future
replatting into a buildable lot or lots or intended to be held and owned by a home owner’s
association, property owner’s association, or similar private consortium as common
space, open space, area for stormwater facilities, shared parking, or similarly shared site
improvements or elements.
E. Postage-stamp lot – A small lot typically contained within an owner’s association held
common lot or outlot and intended to define the immediate area surrounding the
perimeter of an individual townhouse or rowhouse unit or commercial building for
ownership purposes. Postage-stamp lots are generally designed to be established no
closer than 5-feet from any foundation or building wall, excluding shared walls located
along a common lot line. Postage-stamp lots may or may not have public street frontage
but shall at a minimum have access to public streets and public utilities via the
surrounding outlot.
97.

Low-speed vehicle: A four-wheeled motor vehicle that has a gross vehicle weight rating of less
than 3,000 pounds and a top speed of 25 miles per hour (mph) that allows them to travel on
public roads.

98.

Manufactured home: A factory-built, single-family structure not less than 40 feet wide, which
is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be used as a place for human
habitation, but which is not constructed with a permanent hitch or other device allowing it to
be moved other than for the purpose of moving to a permanent site, and which does not have
any permanently attached wheels or axles to its body or frame. A mobile home is not a
manufactured home unless it has been converted to real property and is taxed as a site-built
dwelling. For the purposes of these regulations, a manufactured home shall be considered
the same as any site-built single-family detached dwelling.

99.

Manufactured home park: Any site, lot, field or tract of land upon which two or more
manufactured homes are placed on developed spaces and operated as a for-profit enterprise
with water, sewer or septic, and electrical services available – also referred to as a
“manufactured home community.” The manufactured home park or manufactured home
community shall meet the requirements of any zoning regulations that are in effect.

100.

Massage: Any method of treating the external parts of the human body by rubbing, stroking,
kneading, tapping or vibrating with the hand, other parts of the body, or any instrument, for
any form of consideration of gratuity.

101.

Massage therapy establishment: Any establishment having a fixed place of business wherein
any of the treatments, techniques, or methods of treatment referred to as “massage therapy”

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are administered, practiced, used, given, advertised or applied by persons licensed by the
State of Iowa under the provisions of Chapter 152C of the Code of Iowa, when performing
massage services as part of the profession for which licensed.
102.

Medical cannabidiol: Means any pharmaceutical grade cannabinoid found in the plant
Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a
tetrahydrocannabinol level of no more than three percent and that is delivered in a form
recommended by the State of Iowa Medical Cannabidiol Board, approved by the State of Iowa
Board of Medicine, and adopted by the State of Iowa Department of Public Health.

103.

Medical cannabidiol dispensary: Means a business that dispenses medical cannabidiol that is
licensed by the State of Iowa and operating in compliance with all State of Iowa laws and
regulations required for a medical cannabidiol dispensary.

104.

Medical cannabidiol manufacturer: Means a manufacturer of medical cannabidiol that is
licensed by the State of Iowa and operating in compliance with all State of Iowa laws and
regulations required for a medical cannabidiol manufacturer.

105.

Mini-storage or self-storage: A building or group of buildings, containing varying sizes of
individualized, compartmentalized, and controlled stalls or lockers for the dead storage of
customers’ goods or wares, excluding junk, explosive, or flammable materials, and other
noxious or dangerous materials. No business activities other than rental of storage units shall
be conducted on the premises.

106.

Mini-warehouse or self-storage facility: (See “Mini-storage or self-storage.”)

107.

Mixed-use building: A multi-story commercial building that includes office and/or retail uses
on the first floor or lower levels of the building and multiple family dwellings above the first
floor or on the upper levels of the building.

108.

Mobile home: Factory-built housing without motive power and built on a chassis for
conveyance upon highways or public streets, or waterways; so designed and so constructed
as to permit occupancy thereof as a place of human habitation for one or more persons. A
mobile home shall not be construed to be a travel trailer or other form of recreational
vehicle. A mobile home shall remain a mobile home, subject to all regulations applying
thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed
and regardless of the nature of the foundation provided, if such mobile home has not been
converted to property tax assessable real estate in accordance with Chapter 435.26 of the
Code of Iowa. Nothing in the Zoning Regulations shall be construed as permitting a mobile
home in other than an approved mobile home park.

109.

Mobile home park: Any lot or portion of lot upon which one or more mobile homes, modular
homes, or trailers occupied for dwelling or sleeping purposes are located regardless of
whether or not a charge is made for such accommodations.

110.

Mobile home subdivision: A subdivision created for the purpose of, and restricted to the sale
or lease of individual lots for occupancy by independent mobile homes or mobile homes

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converted to real estate and having public streets, utilities and other public facilities
installations approved by the City Council in accordance with the subdivision regulations of
the City of Indianola, Iowa.
111.

Mobile home space: A plot of ground within a mobile home park designated for the
accommodation of one mobile home.

112.

Multi-family residential: (See “Dwelling, multiple-family.”)

113.

Nonconforming structure: A structure or building the size, dimensions or location of which
was lawful prior to the adoption, revision or amendment to the Zoning Regulations, but which
fails by reason of such adoption, revision or amendment, to conform to the present
requirements of the zoning district.

114.

Nonconforming use: A use or activity which was lawful prior to the adoption, revision or
amendment of the Zoning Regulations, but which fails, by reason of such adoption, revision
or amendment, to conform to the present requirements of the zoning district.

115.

Nursing or convalescent home: A building or structure having accommodations and where
care is provided for invalid, infirm, aged, convalescent, or physically disabled, or injured
persons; not including mentally insane, mental deficiency or deterioration, inebriate, or
contagious cases.

116.

Office: A room or group of rooms used for conducting the affairs of a business, profession,
service, industry, or government.

117.

Off-street parking area: Any area containing parking spaces, driveways or access drives
devoted to the parking of motor vehicles whether free or for compensation.

118.

Open space: An area that is intended to provide light and air, and is designed for either
environmental, scenic, or recreational purposes. Open space may include, but is not limited
to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds,
fountains, swimming pools, wooded areas, and water courses. Open space shall not be
deemed to include buildings, driveways, parking lots, display areas for retail sales of
merchandise, loading areas, outdoor storage areas, or other surfaces designed or intended
for vehicular travel.

119.

Park: Any public or private land reserved for active and passive recreation, to include such
facilities as playgrounds, swimming pools, tennis courts, trails, shelters, and other similar uses
associated with a designed recreation area. The term park is not intended to include private
or public amusement parks, permanent carnivals, or similar type activities.

120.

Parking space: A permanently surfaced area plus necessary maneuvering space for the
parking of a motor vehicle as defined in Chapter 169 of the Zoning Code. Space for
maneuvering, incidental to parking or unpacking, shall not encroach upon any public right-ofway.

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121.

Paving, HMA: A surface paved with hot mix asphalt (HMA) that is of an appropriate thickness
and includes an appropriate pavement base as required by the City design standards or as
otherwise is prudent to provide a durable, lasting, and save paved surface for use by
automotive vehicles, trucks, delivery vehicle, emergency service vehicles, pedestrians, and
bicycles.

122.

Paving, PCC: A surface paved with Portland cement concrete (PCC) that is of an appropriate
thickness and includes an appropriate pavement base and internal reinforcement as required
by the City design standards or as otherwise is prudent to provide a durable, lasting, and save
paved surface for use by automotive vehicles, trucks, delivery vehicle, emergency service
vehicles, pedestrians, and bicycles.

123.

Pawnshop: An establishment wherein the business of a pawnbroker is conducted. A
pawnbroker shall be any person who lends or advances money or other things for profit on
the pledge and possession of personal property, or other valuable things, other than securities
or written or printed evidences of indebtedness; or, who deals in the purchasing of personal
property or other valuable things on condition of selling the same back to the seller at a
stipulated price. A pawnshop shall not be deemed a retail sales establishment except for the
purposes of determining off-street parking.

124.

Pet store or pet shop: A store at which one can purchase supplies for pets.

125.

Phase: An area of the Master Plan that is not less than five (5) acres.

126.

Place of business: Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or
any other place in which or on which one or more persons engage in a gainful occupation.

127.

Planned Unit Development (PUD): Any development in which the proposed land uses,
transportation elements, building densities, arrangements and types are set out in a unified
plan. A PUD may consist of mixed residential, commercial, limited industrial and public land
uses.

128.

Porch, unenclosed: A roofed projection which has no more than fifty percent (50%) of each
outside wall area enclosed by a building or siding material other than meshed screens.

129.

Principal building: A building in which the principal use of the lot on which the building is
located is conducted.

130.

Principal use: The main use of land or structures as distinguished from an accessory use.

131.

Print shop: A retail establishment that provides duplicating services using photocopy,
blueprint, and offset printing equipment, including collating of booklets and reports.

132.

Recreation vehicle (RV): A vehicle which is: (i) built on a single chassis; (ii) 400 square feet or
less when measured at the largest horizontal projection; (iii) designed to be self-propelled or
permanently towable by a light duty vehicle; and (iv) designed primarily not for use as a

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permanent dwelling but as temporary living quarters or recreational, camping, travel, or
seasonal use.
133.

Residential Animal Raising: The keeping of animals on a non-commercial, non-profit basis.
Restrictions on this type of use include no more than three (3) large animals per acre (e.g.
horses, sheep and cattle, etc.); no more than twenty-five (25) small fowl or animals per acre
(e.g. chickens, rabbits, ducks, ferrets, etc.); and no more than ten (10) large fowl per acre (e.g.
turkeys, geese, peacocks, etc.).

134.

Restaurant: an establishment that prepares and serves food and beverages to persons for
immediate consumption. Any establishment with 50% or more of total gross sales in alcoholic
beverages shall be defined as and considered a bar and not a restaurant.
A. Dine-in restaurant - A restaurant where the patron consumes foods and beverages while
seated at tables or counters located on the premises.
B. Drive-in restaurant - A restaurant that delivers prepared food and/or beverages to patrons
in motor vehicles, regardless of whether or not it also serves prepared food and/or
beverages to customers who are not in motor vehicles, for consumption on or off the
premises. This definition includes coffee shops, ice cream parlors, and any other business
that serves food or drinks to patrons in a motor vehicle.
C. Carry-out restaurant - A restaurant which prepares food and/or beverages which are
packaged and delivered to the patrons or are picked up at the establishment by the
customer; there is no consumption of food or beverages on the premises by patrons.

135.

Right-of-way: A strip of land occupied or intended to be occupied by a street, walkway,
drainageway, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or
storm sewer, trail, or other public use.

136.

Satellite dish antenna: A device incorporating a reflective surface that is solid, open mesh, or
bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device
shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially
and/or orbitally based uses. This definition is meant to include but not be limited to what are
commonly referred to as satellite earth stations, TVROs (television reception only satellite dish
antennas), and satellite microwave antennas.

137.

Screening: The method by which a view of one site from another adjacent site is shielded,
concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other
features. (Also see “buffer.”)

138.

Short-Term Rental: Any dwelling that is leased or rented for a period of less than 31-days.
This definition includes any dwelling leased or rented through an online marketplace such as
Airbnb. This definition does not include Bed and Breakfast Inns, Boarding or Rooming Houses,
and Extended Stay Hotels or Apartment Hotels.

139.

Sign: (See Signage, Chapter 165.10, for sign definitions.)

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140.

Single Family Attached Residential (See “Dwelling, row,” “Dwelling, single-family, semidetached,” Dwelling, townhouse,” and “Dwelling, two-family.”)

141.

Single Family Detached Residential (See “Dwelling, single-family.”)

142.

Site improvements: Includes all improvements to a site plan in addition to proposed buildings,
and including but not limited to utilities, storm water management, parking, loading areas,
landscaping, buffers, and freestanding signs.

143.

Site plan: A plan, prepared to scale, showing accurately and with complete dimensions, the
boundaries of a site and the location of all buildings, structures, uses, and principal site
development features proposed for a specific parcel of land. (For detailed requirements of a
site plan see Chapter 166.)

144.

Smoking Lounge: An establishment where patrons can purchase and consume tobacco
products on site or where customers use an electronic smoking or other apparatus to deliver
an inhaled dose of nicotine or other substance within the establishment. These
establishments may also be known or referred to as an E-Cigarette, Vape, or Vapor Lounge or
Bar.

145.

Start of construction: Occurs when footings or structural support columns are installed or
constructed. For a “factory-built home,” actual start will occur when it is placed on a site or
foundation is constructed.

146.

Story: That portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof
above. If the finished floor level directly above a basement is more than five (5) feet above
grade, such basement shall be considered a story.

147.

Street line: The right-of-way line of a street.

148.

Street, public: Any thoroughfare or public way not less than twenty-six (26) feet in width, which
has been dedicated to the public or deeded to the City for street purposes; and also any such
public way as may be created after enactment of the Zoning Regulations, provided it is fifty
(50) feet or more in width.

149.

Structural alterations: Any replacement or changes in the type of construction or in the
supporting members of a building, such as bearing walls or partitions, columns, beams or
girders, beyond ordinary repairs and maintenance.

150.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to
something having a fixed location on the ground. Among other things, structures include
buildings, antenna, mobile homes, billboards, poster panels, factories, sheds, cabins, factorybuilt homes, satellite dish antenna, storage tanks, towers, and other similar uses.

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151.

Subdivision: A division of a lot, tract, or parcel of land into two (2) or more lots, building plots
or sites, or other subdivisions of land for the purpose, whether immediate or future, of sale,
transfer for building development, right-of-way dedication, or other use; provided, however,
this definition of a subdivision does not include divisions of land into forty (40) acres or more
in size parcels of land for agricultural purposes.

152.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damage condition would equal or exceed fifty percent
(50%) of the market value of the structure before the damage occurred.

153.

Substantial improvement: Any reconstruction, rehabilitation, additions, or other improvement
of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure before the “start of construction” of the improvement. This includes structures
which have incurred “substantial damage” regardless of the actual repair work
performed. The term does not, however, include either: (i) any project for improvement of a
structure to correct existing violations of State or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement officer and which are
the minimum necessary to assure safe living conditions; or (ii) any alteration that will not
preclude the structure’s continued designation as a “historic structure.”

154.

Supervised group residence: A residential facility, occupied by three or more persons under
the supervision of one or more persons who are unrelated to the persons being supervised
by blood, marriage or adoption, wherein the individuals supervised have mental, social or
substance-abuse problems which hinder their functioning in society and require the
protection and supervision of a group environment to facilitate their becoming functional
members of society; provided, family homes, elder group homes, hospitals, and nursing or
convalescent homes are not included within this definition.

155.

Tavern: (See “Bar.”)

156.

Tattoo Studio: Any establishment in which tattooing is carried out professionally and may or
may not include ear and body piercing. (See “Body Piercing Studio.”)

157.

Tiny Home: A single-family detached residential dwelling that is not less than the minimum sq.
ft. in total livable floor area as required by the City’s adopted building code regulations. The
dwellings are either constructed on site (site-built) or modular (factory-built) and set on a
permanent masonry foundation. This definition does not include manufactured homes.

158.

Tobacco Store: A retail shop or establishment primarily engaged in the sale of tobacco and
tobacco related products, including nicotine products and supplies such as electronic
cigarettes and other devices capable of providing an inhalable dose of nicotine, for off premise
consumption and where 50% or more of total gross sales are derived from the sale of tobacco
and nicotine products or a combination of tobacco products and alcohol. These
establishments may also be known or referred to as an E-Cigarette, E-Hookah, Vape or Vapor
Store or Shop.

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159.

Townhouse: A dwelling unit which is attached horizontally and not vertically to one or more
other dwelling units, wherein the land or lot beneath each dwelling is individually owned by
the owner of the dwelling. A townhouse subdivision shall have common elements which are
specified in or determined under the rules and regulations set forth by recorded
covenants. Covenants for a townhouse subdivision shall establish the guidelines for
maintenance of common elements and permit free movement through common areas by
members of the homeowner’s association (council of co-owners) to assure access to the
structural exterior of each townhouse unit by the individual unit owner.

160.

Trail: A walkway or bikeway designated with a surfaced pathway for travel by means other
than by motorized vehicles.

161.

Trailer park: (See “Mobile home park.”)

162.

Truck stop: A service station which is designed principally for the servicing and temporary
parking of trucks.

163.

Variance: A modification of the specific regulations of the Zoning Regulations granted by
resolution of the Board of Adjustment in accordance with the terms of the Zoning Regulations
for the purpose of assuring that no property, because of special circumstances and hardships
applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the
same vicinity and zoning district.

164.

Variety store: Any store, whether independently operated or part of a larger entity, which
markets consumer goods to the general public and occupies a space less than 10,000 square
feet.

165.

Video store: Any establishment whose primary business is the rental or sale of commercial
films or videos.

166.

Warehouse: A building used primarily for the storage of goods and materials.

167.

Yard: An open space on the same lot with a building or structure unoccupied and
unobstructed by any portion of a structure from thirty (30) inches above the general ground
level of the graded lot upward; provided however, fences, walls, signs, poles, posts, and other
customary yard accessories, ornaments, and furniture more than thirty (30) inches in height
may be permitted in any yard subject to requirements limiting obstruction of visibility and
other provisions of the Zoning Regulations.
A. Yard, front - A yard extending across the full width of the lot and measured between the
front lot line and the building or any projection thereof.
B. Yard, rear - A yard extending across the full width of the lot and measured between the
rear lot line and the building.

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C. Yard, side - A yard extending from the front yard to the rear yard and measured between
the side lot lines and the building line. For corner lots, the side yard shall be considered
as parallel to the street upon with the lot has it greatest dimension.
168.

Zero lot line: The location of a building on a lot in such a manner that one or more of the
building’s sides rest directly on a lot line.

169.

Zoning Administrator: (See Chapter 166 for definition.)

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.04 GENERAL PROVISIONS
1.

2.

3.

GENERAL PROVISIONS

4.

FENCES AND WALLS FENCES AND WALLS

A.

Interpretation of District Boundaries

A.

Residential Districts

B.

Zoning Districts Dividing Property

B.

Industrial and Commercial Districts

C.

Future Annexation of Territory

C.

Decorative Features

D.

Street Frontage Required

D.

Swimming Pool Enclosures

E.

Visibility at Intersections

E.

Fences Frames

F.

Lot and Yard Regulations

F.

Retaining Walls

G.

Height Regulation Exception

G.

Materials and Maintenance

H.

Use of Public Right-Of-Way

H.

Measuring Fence or Wall Height

ACCESSORY BUILDINGS AND STRUCTURES

I.

Overland Flowage Easements

A.

Intent

J.

Exceptions to Fence Requirements

B.

General Provisions

C.

Applicability

A.

Nonconforming Uses

D.

Location and Setbacks

B.

Nonconforming Lots of Record

E.

Area and Height Limit

C.

Nonconforming Uses of Land

F.

Building Design

D.

Nonconforming Structures

G.

Exempt Structures

E.

Nonconforming Uses of Structures

F.

Repairs and Maintenance

ANTENNAS, SATELLITE DISH ANTENNAS, AND
TOWERS (NOT INCLUDING WIRELESS
TELECOMMUNICATIONS FACILITIES)

5.

NONCONFORMITIES

1. GENERAL PROVISIONS
A. Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of
districts as shown on the official zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerline of streets, highways, or
alleys shall be construed to follow such centerlines.
(2) Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.
(3) Boundaries indicated as approximately following township lines or section lines shall be
construed as following township lines or section lines.

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(4) Boundaries indicated as following railroad lines shall be construed to be midway between
the main tracks.
(5) Boundaries indicated as following shorelines shall be construed to follow such shorelines
and in the event of change in the shoreline, shall be construed as moving with the actual
shoreline; boundaries indicated as approximately following the centerlines of streams or
other bodies of water shall be construed to follow such centerlines.
(6) Boundaries indicated as parallel to or extensions of features indicated in Subsections (1)
through (5) above shall be so construed. Distances not specifically indicated on the official
zoning map shall be determined by the scale of the map.
(7) Where physical or cultural features existing on the ground are at variance with those
shown on the official zoning map, or in other circumstances not covered by Subsections 1
through 6 above, the Zoning Administrator shall interpret the district boundaries.
B. Zoning Districts Dividing Property. Where one lot or parcel is divided into two (2) or more
portions by reason of different zoning district classifications, each of these portions shall be
used independently of the other in its respective zoning classification and for the purpose of
applying the regulations of the Zoning Ordinance, each portion shall be considered as if in
separate and different ownership.
C. Future Annexation of Territory. All territory which may hereafter be annexed to the City
shall be considered as lying in the A-1 Zoning District until such classification shall have been
changed by amendment in accordance with the provisions of the Zoning Regulations.
D. Street Frontage Required. Except as may permitted elsewhere within the Zoning Regulations
and Subdivision Regulations, no lot shall contain any building used in whole or in part for
residential purposes unless such lot abuts at least twenty (20) feet on at least one public street,
or unless it has an exclusive unobstructed private street easement of access or right-of-way
of at least twenty (20) feet wide to a public street; and there shall be not more than one singlefamily dwelling for such frontage or easement, except that a common easement of access at
least fifty (50) feet wide shall be provided for two (2) or more such single-family dwellings, or
for one or more two-family or multi-family dwellings.
E. Visibility at Intersection. On a corner lot in any district, except the Downtown Mixed Use
Zoning District (C-3), no fence, wall, hedge, or other planting or structure that will obstruct
vision between a height of two (2) feet and ten (10) feet above the centerline grades of
the intersecting streets shall be erected, placed or maintained within the triangular area
formed by connecting the right-of-way lines at points which are twenty-five (25) feet
distant from the intersection of the right-of-way lines, and measured along the right-ofway lines. For purposes of this section, a split rail fence, chain link fence, or any other
fence which consists of vision blocking material over twenty-five percent (25%) or less of
its total surface area is not considered as obstructing vision.

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F. Lot and Yard Regulations
(1) Corner Lots. For corner lots, the front yard regulation shall apply to each street side of the
corner lot. The Zoning Administrator shall designate the rear yard of a lot which shall
generally be that portion of yard opposite the narrow street side.
(2) Through Lots. The Zoning Administrator shall designate the front yard of a through lot
(also known as a double frontage lot) which shall generally be the yard adjacent to the
local street or lower street hierarchy classification designation. The front yard regulations
shall apply to each street side of a through lot.
(3) Postage-Stamp Lot. Structures built within a postage-stamp lot shall be setback no less
five (5) feet from all lot lines, excluding shared walls located along a common lot line, and
shall otherwise meet all other building setback requirements for the zoning district in
which it is located. Postage-stamp lots may or may not have public street frontage but
shall at a minimum have access to public streets and public utilities via an adjoining outlot
or association held parcel.
(4) Front Yard. In all residential districts, there shall be a minimum front yard required as
stated in the yard requirement of that particular district.
(5) Required Yard Cannot Be Reduced. No yard or lot existing at the time of passage of the
Zoning Ordinance shall be reduced in dimension or area below the minimum required by
the Zoning Ordinance. No part of a yard, open space, off-street parking or loading space
provided about any building or structure shall be included as part of a yard, open space,
off-street parking or loading space required for another building, structure, or use.
(6) Projecting Overhang or Structure. The ordinary horizontal projection from buildings
including eaves, sills, fascia, parapets, cornices, bay windows, or other similar architectural
features, except for gutters and downspouts, may not project or extend more than three
(3) feet into a required yard, provided no part of a building is closer than 5 ft to a lot line.
(7) Yard Encroachments.
a. Carports, cantilevered projections, chimneys, accessory buildings, and structures may
not project into any required yard.
b. Air conditioning units, heat pumps, or other such similar devices may encroach into
the required side yard.
c.

Steps providing access to the ground level of a dwelling may encroach no more
than three (3) feet into any required side yard.

d. Front stoops, stairs, open decks and unenclosed porches may encroach up to 6 ft
into the required front yard setback.

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e. Stoops, stairs, and open decks, not enclosed or covered by a roof, may encroach
up to 20 ft into the required rear setback.
f.

Uncovered patios, brick or stone pavers, concrete slab structures, or other paved
surfaces constructed on the ground, or less than 12 inches above the average
grade of the ground, shall be allowed to be constructed within the required front,
side, or rear yards, except that no such patio or paved area shall encroach closer
than two (2) feet of the property line nor extend more than ten feet (10’) beyond
either side of a driveway.

G. Height Regulation Exception. The height limitations contained in the schedules of district
regulations do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks,
ventilators, elevator housing, or other structures placed above the roof level and not intended
for human occupancy.
H. Use of Public Right-of-Way. No portion of the public road, street or alley right-of-way shall
be used or occupied by an abutting use of land or structure for storage or display purposes
or to provide any parking or loading space required by this chapter, or for any other purpose
that would obstruct the use or maintenance of the public right-of-way. Provided, however,
tables, chairs and displays associated with the adjoining business shall be allowed in the C-3
zoning (Downtown Mixed-Use Zoning District) subject to the following:
(1) Permitted on all sidewalks provided there remains a free walking path with a minimum
walking surface of five (5) feet in width.
(2) Allowed during business hours only, unless specifically authorized by the City of Indianola
as part of an approved sidewalk agreement.
(3) Provide proof of public liability insurance for such sign in the amount of $100,000.00.
2. ACCESSORY BUILDINGS AND STRUCTURES
A. Intent. Principal uses specified as permitted uses or special uses for a district shall be deemed
to include accessory buildings and uses that are necessary and customarily associated with
and are appropriate, incidental, and subordinate to such principal or special exception uses.
These accessory buildings and structures include: free standing garages for automobiles,
trash enclosures, sheds, play structures, gazebos, free-standing patios, pergolas, trellises,
underground shelters, and above-ground and in-ground pools and hot-tubs. It is the intent
of these standards herein this section to establish the basic regulations for accessory buildings
and structures.
B. General Provisions. No accessory structure shall be constructed upon a lot until the
construction of the main or principal building has been commenced, and no accessory
structure shall be used if the main or principal building has been unused for a period of six (6)
months or longer. Accessory buildings shall not be used for dwelling purposes, except for
approved accessory dwellings as defined in this chapter.

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C. Applicability. The following regulations shall apply to all accessory buildings and structures
for agricultural uses, single-family dwellings, two-family dwellings, townhouse or row
dwellings, and manufactured home parks. Accessory buildings and structures for all other
uses shall comply with the regulations and standards as established for principal structures.
D. Location and Setbacks. The following location and setback requirements shall apply to all
accessory buildings and structures:
(1) Accessory buildings and structures shall only be erected to the rear of any principal
building. No accessory structure shall be located between any principal building and any
street. A detached, private garage may be constructed along the side of a principal
building provided that said garage is no closer than ten (10) feet from the principal building
and does not extend past the front face of the principal building.
(2) Accessory buildings and structures shall not be erected within any required buffer or
easement.
(3) When located upon a corner lot, the front yard regulation shall apply to each street
frontage and no accessory building or structure shall be located within either of these
front yards.
(4) When located on a double frontage or through lot, the Zoning Administrator shall
determine which street frontage serves as the rear yard, which shall generally be the street
frontage adjacent to the street with the higher street hierarchy classification and for which
no driveway access is provided.
(5) No accessory building or structure shall be located closer than ten (10) feet from the street
right-of-way line of the street located along the designated rear yard as determined by the
Zoning Administrator, except that when any vehicle entrance to an accessory building
faces the street, said accessory building shall be setback at least twenty (20) feet from the
alley line.
(6) Accessory buildings and structures shall maintain a minimum distance of five (5) feet from
any lot lines, alley lines and any adjoining lots, except that when any vehicle entrance to
an accessory building faces the alley, said accessory building shall be setback at least
twenty (20) feet from the alley line.
(7) Accessory buildings and structures shall maintain a minimum distance of ten (10) feet
from any principal structure. Otherwise, said accessory building or structure must meet
the setback standards required of the principal structure.
(8) All setbacks and building separations shall be measured from the closest building wall
face. Horizontal projection including roof-overhangs may not extend into any required
setback.

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E. Area and Height Limit.
(1) Accessory buildings and structures shall be limited to a maximum of two (2) total
buildings, including a garage, of which all total accessory buildings shall not occupy
more than ten (10) percent of the total lot area nor exceed a total square footage of
1,800 square feet. However, this regulation shall not prohibit the construction of at
least one garage not to exceed six hundred (600) square feet gross building area and
at least one accessory storage building not to exceed one hundred twenty (120)
square feet gross building area.
(2) Accessory buildings and structures shall not be taller nor encompass more floor area
than the principal structure that is located on the same and shall in no case more than
one and one-half (1.5) stories in height and shall not exceed a height of 24-feet.
F. Building Design. Accessory buildings shall match the architectural style and design of the
principal structure. The exterior building materials (siding and roofing materials) shall also be
similar and of identical quality as that found on the principal structure.
G. Exempt Structures. Accessory structures of eighty (80) square feet or less, no taller than
twelve (12) feet, and of a movable design, plus ground mounted play structures no taller than
ten (10) feet with a footprint of no more than 400 square feet, shall be exempt from permit
requirements. These structures must conform to all setback requirements. The square
footage of these structures shall be included in the maximum cumulative area requirements
of this Chapter.
3. ANTENNAS, SATELLITE DISH ANTENNAS, AND TOWERS (NOT INCLUDING WIRELESS
TELECOMMUNICATIONS FACILITIES).
The following standards shall apply to all antennas, satellite dish antennas, and towers that are
not part of a wireless telecommunications facility:
A. Freestanding antennas, satellite dish antennas, and towers uses shall comply with the height
restrictions and setback requirements for accessory buildings and structures.
B. Antennas, satellite dish antennas, and towers attached to a principal building or structure shall
comply with the height restrictions and setback required of that principal building or structure
for the zoning district in which it is located.
C. No satellite dish antenna, radio or TV antenna, or related tower use shall be permitted within
any front or side yard or attached to the front wall or face of any building or structure, unless
the property owner can adequately demonstrate to the satisfaction of the Zoning
Administrator that it is not physically possible to locate the antenna or satellite dish antenna
within the confines of the rear yard and obtain a signal.

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D. No satellite dish antenna with a dish diameter greater than three (3) feet or height greater
than fifteen (15) feet shall be permitted in any residential zoning district. Satellite dish
antennas shall be located and screened as practical from view of all adjoining residential uses
and public streets.
4. FENCES AND WALLS
A. Residential Districts.
(1) In all residential zoning district, fences and walls not exceeding six (6) feet in height are
permitted within the limits of side and rear yards. Fences and walls are permitted in the
front yard with a maximum height of forty-eight (48) inches. All fences and retaining walls
within a front yard shall be a minimum of two (2) feet from any property line abutting
frontage to a public street and shall be subject to the restrictions and standards herein this
section. All fences located between the front property line and the front yard building
setback, shall be designed with a minimum open space of forty percent (40%). Retaining
walls shall be the only type of wall allowed within a residential front yard.
(2) Any yard abutting a public street shall be considered a front yard. Residential corner lots
contain two (2) front yards, and any fence extending into either front yard shall be a
maximum of forty-eight (48) inches in height and shall be subject to all other requirements
for front yard fences.
(3) On through lots or double frontage lots, a privacy type fence not exceeding six (6) feet in
height may be place within the designated rear yard, as determined by the Zoning
Administrator, provided it is a minimum of ten (10) feet from the street right-of-way line.
B. Industrial and Commercial Districts.
(1) In industrial zoning districts, fences and walls not exceeding eight (8) feet in height are
permitted within the limits of the side and rear yard.
(2) Fences within a commercial district, within the front yard of an industrial district, or
exceeding eight (8) feet in height in industrial districts, may be permitted by special
exception of the Board of Adjustment or by City Council approval as part of a site plan
application.
(3) As part of a sidewalk use agreement or any other outdoor seating area, fences not
exceeding four (4) feet in height are permitted, and shall be constructed of wrought iron,
aluminum, wood, polyvinyl chloride (PVC).
C. Decorative Features. In all districts, decorative features such as individual posts, brick or
stone columns, and similar features constructed as part of a fence or wall shall be allowed to
exceed the maximum fence height by no more than twelve (12) inches.
D. Swimming Pool Enclosures. Barriers constructed for the purpose of enclosing a swimming
pool, shall also be subject to the requirements of this chapter.

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E. Fence Frames. The frame of a fence, including posts, rails, and supports shall be placed on
the inside of the fence and facing towards the property on which the fence is erected.
F. Retaining Walls.
(1) Retaining walls shall be set back from the property line one foot (1') for every one foot (1')
of height.
(2) Retaining walls which are six (6) or more feet in height shall be structurally engineered. No
single wall face shall be greater than six feet (6') in height without terraces to break up the
wall expanse. A minimum one foot (1') of terrace shall be used for each two feet (2') of wall
height. Each terrace shall contain vegetation. The design specifications, elevations and
site plan showing the exact location of the wall shall be provided along with the required
building permit application to the Zoning Administrator.
G. Materials and Maintenance.
(1) Allowed Materials.
a. Fences are to be constructed of customarily used materials such as chain-link, wrought
iron, aluminum, wood, polyvinyl chloride (PVC), and other similar materials, unless
specified otherwise herein. Wood fences should be constructed of treated lumber,
cedar, redwood, or similar types of wood that are resistant to decay.
b. The use of materials such as corrugated or sheet metal, chicken wire, woven wire,
temporary construction fencing, snow fencing, or similar materials shall not be
permitted for permanent fencing. A fence shall not be constructed or covered with:
paper sheets or strips; cloth or fabric tarps, sheets, or strips; plastic or vinyl tarps,
sheets, mesh, or strips; metal siding or panels not originally designed or intended as
fencing material; bamboo; reed; or plywood sheeting. Chain-link or woven wire type
fences shall not include plastic or wood slats or strips, bamboo, or reed. All fences
must be of an earth tone, neutral, or natural color such as white, black, gray (silver),
tan, brown, green. Bright or fluorescent colors are not permitted. Pictures, images,
lettering, logos, graphics, or artwork are not permitted on fences.
c.

An exception may be approved by the Zoning Administrator for sun and/or wind
screen material applied to fences directly associated with a sports or recreation facility
such as tennis court fences, baseball field fences, or basketball courts, subject to the
provisions of this chapter. An exception also may be approved by the Zoning
Administrator for mesh screen material associated with a commercial or industrial
site.

d. Walls and Retaining Walls. Walls and retaining walls are to be constructed of brick,
stone, textured concrete, precast concrete, tile block, etc., and shall not be painted.
Pictures, images, lettering, logos, graphics, or artwork are not permitted on walls
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unless part of an approved and permitted sign in accordance with the City’s Sign
Regulations.
(2) Prohibited Materials. A fence or wall may not be designed to cause pain or injury to
humans or animals. Therefore, the use of spikes, broken glass, barbed wire, razor wire,
nails, electrical charge or other similar materials shall be prohibited.
(3) Construction and Maintenance. All fences shall be constructed in a sound and sturdy
manner and shall be maintained in a good state of repair, including the replacement of
defective parts, painting, and other acts required for maintenance. The Zoning
Administrator after ten (10) days' notice to the owner of the fence, may order the removal
of any fence that is not maintained in accordance with the provisions of this Code, and the
cost assessed against the property where said fence is located. An extension of time may
be granted, upon filing a verified statement that the delay is not a result of any act of the
owner.
H. Measuring Fence or Wall Height. The height of a fence or wall shall be determined by a
measurement from the ground beneath the fence or wall as follows:
(1) In a yard abutting a street, the total effective fence or wall height above the finished grade
shall be measured on the side nearest the street. Notwithstanding, if a property or
premises is lower than an adjacent street, then the height of the fence or wall shall be
determined by a measurement from the street grade at a ninety degree (90°) angle from
the fence or wall; provided the total vertical measurement from the ground beneath the
fence or wall to the top of the fence or wall shall not exceed eight feet (8').
(2) In any other required yard, the total effective fence or wall height above the finished grade
shall be measured on the side nearest the adjacent property.
(3) On a property line, the fence or wall height shall be measured from the finished grade of
the side of the adjacent property.
(4) Swales and other earth depressions up to six feet (6') wide shall not be used when
measuring the fence or wall height.
(5) Manmade earth berms, terraces, and retaining walls that elevate the fence or wall shall be
considered a part of the fence or wall, except in the case of a fence or wall constructed
within an industrial zoning district or as otherwise may be required by the City for the
purposes of screening.
I.

Overland Flowage Easements.
(1) Fences may encroach into an overland flowage easement providing measures are taken
to make certain that the fence does not cause siltation buildup or restrict the water flow.
(2) Permitted fence material includes chain-link, wrought iron fencing, picket style fencing
that is at least thirty percent (30%) open, or other fencing styles that are at least thirty

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percent (30%) open.
(3) All fencing shall be elevated a minimum of three (3) inches through the swale part of the
easement to allow water flowage.
J.

Exceptions to Fence Requirements.
(1) Agricultural Purposes.
a. In agriculture districts, barbed wire and woven wire fencing may be allowed, subject
to a minimum setback of ten (10) feet, provided it is used to contain livestock or to
protect crops and plantings.
b. In agriculture districts, an electrified fence may be allowed subject to a minimum
setback of ten (10) feet for the purpose of containing livestock.
(2) Industrial Districts. In industrial districts, fences topped with barbed wire may be
allowed by special exception of the Board of Adjustment, provided the barbed wire is not
less than six (6) feet above the ground.
(3) Recreational Purposes. Fences associated with the uses of a sports or recreational
facility or other similar area, shall not be subject to the height restrictions specified
elsewhere in this section, provided that such fence is constructed to maintain a
consistency of at least seventy five percent (75%) open space for the full length of the fence
and does not impede the required vision clearance. Any such fence is subject to design
review and approval of the Zoning Administrator.
(4) Governmental Properties. Fences associated with governmental (federal, state, county,
city) facilities and properties.
(5) Temporary Fences. Temporary or seasonal fences, e.g., snow fence, garden fence, are
exempt from permitting requirements providing they are not more than four (4) feet in
height. Snow fence shall be allowed to be placed from the first day of November through
the first day of April of the following year. Snow fence shall not be allowed at any other
time of the year, unless it is being placed as safety or construction fencing in accordance
with the temporary construction fence requirements of this Chapter.
(6) Temporary Construction Fence. Temporary construction fences, barricades, railings, or
other similar fences installed to provide temporary site security and/or safety in
conjunction with construction work may be allowed in any district during periods of
construction. Any such temporary fences shall be removed upon completion of the
construction work.
(7) Existing Fence. Repair of existing, legal but nonconforming fences shall not be subject to
the setback or height regulations, if the repair or replacement coincides with the location
and height of the existing fence. Complete replacement of an existing fence requires
compliance with the terms of this Chapter. Complete replacement shall be defined as the

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removal or replacement of forty (40) percent or more of the existing fence.
5. NONCONFORMITIES
A. Nonconforming Uses. Within the districts established by this chapter or amendments that
may later be adopted, there exist lots, structures and uses of land and structures which were
lawful before the Zoning Ordinance was passed or amended, but which would be prohibited,
regulated or restricted under the terms of this chapter or future amendment. It is the intent
of this chapter to permit these nonconformities to continue until they are removed, but not
to encourage their survival. Such uses are declared by this chapter to be incompatible with
permitted uses in the districts involved. It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds
for adding other structures or uses prohibited elsewhere in the same district. A
nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a
structure and land shall not be extended or enlarged by attachment on a building or premises
of additional signs intended to be seen from off the premises, or by the addition of other uses
of a nature which would be prohibited generally in the district involved. To avoid undue
hardship, nothing in this chapter shall be deemed to require a change in the plans,
construction or designated use of any building on which actual construction was lawfully
begun prior to the effective date of adoption or amendment of this chapter and upon which
actual building construction has been diligently carried on. Actual construction is hereby
defined to include the placing of construction materials in permanent position and fastened
in a permanent manner, except that where demolition or removal of an existing building has
been substantially begun preparatory to rebuilding, such demolition or removal shall be
deemed to be actual construction, provided that work shall be diligently carried on until
completion of the building involved.
B. Nonconforming Lots of Record. In any district in which single-family dwellings are permitted
the single-family dwelling and customary accessory buildings may be erected as a variance on
a single lot of record at the effective date of adoption or amendment of this chapter,
notwithstanding that such fails to meet the requirements for area or width or both that are
generally applicable in the district where it is located. Yard dimensions and other
requirements not involving area or width shall conform to the regulations for the district in
which the lot is located. Such variance of area or width shall be permitted only after approval
by the Board of Adjustment.
C. Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of
this chapter, lawful use of land exists that is made no longer permissible under the terms of
this chapter as enacted or amended, such use may be continued, so long as it remains
otherwise lawful, subject to the following provisions:
(1) No such nonconforming use shall be enlarged or increased or extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of
this chapter.

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(2) No such nonconforming use shall be moved in whole or in part to any other portion of the
lot or parcel occupied by such use at the effective date of adoption or amendment of this
chapter.
(3) If any such nonconforming use of land ceases for any reason for a period of more than six
months, any subsequent use of such land shall conform to the regulations specified by
this chapter for the district in which such land is located.
D. Nonconforming Structures. Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms of this chapter by reason
of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or
its location on the lot, such structure may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(1) No such structure may be enlarged or altered in a way which increases its nonconformity.
(2) Should such structure be destroyed by any means to an extent of more than 50 percent
of its replacement cost at time of destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter.
E. Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and
premises in combination, exists at the effective date of adoption or amendment of this
chapter, that would not be allowed in the district under the terms of this chapter, the lawful
use may be continued so long as it remains otherwise lawful, subject to the following
provisions:
(1) No existing structure devoted to a use not permitted by this chapter in the district in which
it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally
altered except in changing the use of the structure to a use permitted in the district in
which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the time of adoption or amendment of
this chapter, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, any nonconforming use of a structure, or structure
and premises, may be changed to another nonconforming use provided that the Board of
Adjustment, either by general rule or by making findings in the specific case, shall find that
the proposed use is equally appropriate or more appropriate to the district than the
existing nonconforming use. In permitting such change, the Board of Adjustment may
require appropriate conditions and safeguards in accordance with the provisions of this
chapter.
(4) Any structure or structure and land in combination, in or on which a nonconforming use
is superseded by a permitted use, shall thereafter conform to the regulations for the
district in which such structure is located and the nonconforming use may not thereafter
be resumed.

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(5) When a nonconforming use of a structure, or structure and premises in combination is
discontinued or abandoned for six consecutive months or for 18 months during any threeyear period, the structure, thereafter, shall not be used except in conformance with the
regulations of the district in which it is located.
(6) Where nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming status of the
land.
F. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary repairs, or on
repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not
exceeding 10 percent of the current replacement value of the building provided that the cubic
content of the building as it existed at the time of passage or amendment of this chapter shall
not be increased. Nothing in this chapter shall be deemed to prevent the strengthening of or
restoring to a safe condition of any building or part thereof declared to be unsafe by any
official charged with protecting the public safety, upon order of such official.

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.05 ZONING DISTRICT REGULATIONS
1.

2.
3.
4.

REGULATIONS BY ZONING DISTRICT

5.

STANDARDS FOR ALL ZONING DISTRICTS

A.

Agricultural / Open Space Zoning District (A-1)

A.

Small Wind Energy Conversion Systems

B.

Single-Family Residential Detached Zoning
District (R-1)

B.

Solar Energy Systems

C.

Accessory Dwelling Units

C.

Single-Family Residential Attached Zoning
District (R-2)

D.

Home Occupations

D.

Multi-Family Residential Zoning District (R-3)

E.

Outdoor Sales and Displays for Commercial and
Retail Businesses

E.

Manufactured Home Park Zoning District (R-4)

F.

Outdoor Storage

F.

Neighborhood Commercial Zoning District (C-1)

G.

G.

Highway Commercial Zoning District (C-2)

Loading Docks, Delivery and Service Overhead
Doors

H.

Downtown Mixed-Use Zoning District (C-3)

H.

Trash and Recycling Collection

I.

Limited Industrial Zoning District (M-1)

I.

Equipment Screening

J.

General Industrial Zoning District (M-2)

J.

Exterior Lighting

K.

Planned Unit Development (PUD)

K.

RESIDENTIAL ZONING DISTRICTS BUILDING BULK
AND DENSITY REGULATIONS

Attached and Free-Standing Drive-Thru
Canopies

L.

NON-RESIDENTIAL BULK AND DENSITY
REGULATIONS

Medical Cannabidiol Dispensaries and
Manufacturing Facilities

M.

Delayed Deposit Services Businesses and
Pawnshops

N.

Manufactured Homes

PERMITTED AND SPECIAL USES

1. REGULATIONS BY ZONING DISTRICT
A. Agricultural / Open Space Zoning District (A-1)
(1) Statement of Intent: The A-1 zoning district is intended to provide for the continued use
of agricultural land uses in those portions of the City where they are appropriate and allow
limited creation of new residential uses that are consistent with these agricultural uses.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)

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(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family residential and other residential and non-residential structures,
except for ag-related structures, constructed after the date of this ordinance shall
comply with the design standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
B. Single-Family Residential Detached Zoning District (R-1)
(1) Statement of Intent: The R-1 zoning district is intended accommodate single-family
residential dwellings on building lots of various sizes and certain non-residential uses
common within single-family residential areas.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family dwelling, townhouse dwelling or row dwelling, and other
residential and non-residential structures constructed after the date of this ordinance
shall comply with the design standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
C. Single-Family Residential Attached Zoning District (R-2)
(1) Statement of Intent: The R-2 zoning district is intended accommodate single-family
attached residential dwellings including duplex and two-family dwellings, townhomes, and
rowhouses and certain non-residential uses common within single-family residential
areas.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)

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(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family dwelling, two-family dwelling, townhouse dwelling or row dwelling,
and other residential and non-residential structures constructed after the date of this
ordinance shall comply with the design standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
D. Multi-Family Residential Zoning District (R-3)
(1) Statement of Intent: The R-3 zoning district is intended accommodate single-family
attached residential dwellings and multi-family dwellings including rowhouses,
townhomes, and apartments and certain non-residential uses common within multifamily residential areas.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family dwelling (semi-detached and two-family), townhouse dwelling, row
dwelling, multi-family dwelling (apartment), and other residential and non-residential
structures constructed after the date of this ordinance shall comply with the design
standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
E. Manufactured Home Park Zoning District (R-4)
(1) Statement of Intent: The R-4 zoning district is intended accommodate the development of
manufactured and mobile home parks (herein after referred to as manufactured home

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parks). For the purposes of this section, the term manufactured home shall also refer to
mobile home.
(2) Bulk Regulations:
a. The minimum proposed area for a manufactured home park shall have at least 10
acres of gross development area. The maximum density allowed for the gross
development area shall be seven manufactured homes units per acre.
b. All manufactured home parks perimeter yard requirements shall not be less than 30
feet. No structures shall be permitted within this yard.
c.

No part of any manufactured home or other structure shall be closer to any public
street upon which the park adjoins than 50 feet; however, interior park drives may be
located within the setback area.

d. The minimum width for manufactured home platted lot or manufactured home space
as designated on a site plan shall be 40 feet.
e. Front Yard Setback: Minimum 15 feet, measured from the edge of the surfaces private
drive to the closest point of the lower face of the manufactured home.
f.

Side Yard Setback: Minimum 20-foot separation at the nearest point between any
manufactured home.

g. Rear Yard Setback: Minimum 20-foot separation at the nearest point between any
manufactured home.
h. Maximum Height for All Structures: 20 feet.
i.

Detached Accessory Structures to the Manufacture Home (Including Garages and
Sheds): Shall not be located within the front yard setback and shall maintain a
minimum 10 feet separation at the nearest point between any manufactured home
and any other structure. Sheds 64 square feet in size and less do not need to comply
with this minimum separation requirement.

j.

Uncovered and open decks, patios, and stairs may encroach the front, side, and rear
yard setback areas.

k.

Structures Ancillary to the Manufactured Home Park (Including Storm Shelters,
Equipment Buildings, Pool Houses, and Community Buildings)

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i.

Setbacks: No ancillary structure shall be located closer than 50 feet from the
perimeter of the manufactured home park.

ii.

No ancillary structure shall be located closer than 20 feet to another structure.

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iii. Maximum Building Height: 35 feet.
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Fences and Walls: (See Chapter 165.04.)
(5) Site Plan Required: Each petition for a change to the R-4 zoning classification submitted to
the City shall be accompanied by a manufactured home park site plan. Said site plan shall
show each manufactured home space, or platted lot, the water, electrical and sewer lines
serving each manufactured home space, the location of water hydrants, community
shelter building or buildings, driveways, walkways, recreation areas, required yards,
parking facilities, lighting, and landscaping. The plan shall be considered by the Planning
and Zoning Commission and the City Council, who may approve or disapprove said plan
or require such changes thereto, as are deemed necessary to effectuate the intent and
purpose of the Zoning Ordinance and the General Provisions contained hereinbelow. All
changes to the R-4 classification shall be made in accordance with the provisions of
Chapter 165 of this Zoning Ordinance.
(6) General Provisions: The manufactured home park shall conform to the following
requirements.
a. Drainage. The park shall be located in a well-drained site, properly graded to insure
rapid drainage and freedom from stagnant pools of water.
b. Signs. One permanent identification sign shall be required at any main entrance to a
manufactured home park.
c.

Streets. The entrance road connecting the park driveways with a public street shall
have a minimum road pavement width of thirty-one (31) feet, measured back to back
of curbs. All interior driveways shall be not less than twenty-five (25) feet in width,
measured back to back of curbs. All streets and driveways, including driveways to and
within individual manufactured home spaces, shall be constructed with either hot mix
asphaltic concrete or Portland cement concrete with an approved curb to provide for
drainage. Gravel or unpaved streets, driveways, and parking areas shall not be
permitted.

d. Skirting. Skirtings of a permanent type material and construction shall be installed
within thirty (30) days from the date the manufactured home is set and leveled. The
skirting shall enclose the open space between the bottom of a manufactured home
floor and the grade level of the manufactured home lot. This skirting shall be
maintained in an attractive manner consistent with the exterior of the manufactured
home and to preserve the appearance of the manufactured home park.
e. Parking Spaces Required for Each Manufactured Home. Each manufactured home
shall be provided a minimum of 2 paved parking spaces.
f.

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Walkways.

Walkways not less than six (6) feet wide shall be provided from the

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manufactured home spaces and community buildings to the roadways and public
streets. The walkways shall be all-weather surfaced of concrete, well-marked in the
daytime and lighted at night.
g. Electrical Service. Electrical service shall be provided for each manufactured home
space.
h. City Services. Each manufactured home space shall be connected to City services and
watermains, fire hydrants, and sanitary sewer lines shall be installed in accordance to
City regulation.
i.

Refuse Disposal. The owner of the park shall be responsible for the provision of
adequate refuse collection containers and regular refuse disposal. Disposal shall
occur no less than once per week.

j.

Identifying Number. Each manufactured home space shall be provided with a uniform
identifying number of at least three-inch numbers readily visible from the drive
immediately in front of said space and uniformly placed at the front of the space.

k.

Community Building: For the purposes of this section, a “Community Building” means
a building serving as the shelter facility for the manufactured home park residents in
the event of inclement weather. Each manufactured home park shall provide a
community building as defined herein. The community building shall be:
i.

Well lighted at all times of the day or night.

ii.

Well ventilated with screened openings.

iii. Constructed of such moisture-proof material as shall permit repeated cleaning
and washing.
iv. Maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit yearround.
v.

Constructed in compliance with all applicable codes to house residents in the
event of threatening weather conditions and sized to adequately accommodate
all residents of the manufactured home park with a minimum of thirty (30) square
feet of floor area provided for each manufactured home planned.

vi. The floors of the community building shall be of water impervious material and
shall slope to a floor drain connected with the sewage system.
vii. The community building and the grounds of the manufactured home park shall
be maintained in a clean, sightly condition and kept free of any condition that will
menace the health of any occupant or the public or constitute a menace.

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(7) Subdivision Requirements: Every manufactured home park authorized under the
provisions of this chapter shall fully comply with the subdivision requirements of the City,
and all improvements shall be completed as required under said subdivision regulations.
(8) Building Design Standards:
a. Every non-residential structured constructed after the date of this ordinance shall
comply with the design standards contained within Chapter 165.09.)
(9) Signage: (See Chapter 165.10.)
F. Neighborhood Commercial Zoning District (C-1)
(1) Statement of Intent: The C-1 zoning district is intended for smaller, neighborhood scale
retail and office uses located close to residential areas and are intended to serve the daily
retail needs for the residents.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
G. Highway Commercial Zoning District (C-2)
(1) Statement of Intent: The C-2 zoning district is intended to be located along major highways
with more auto-oriented uses with the intent of providing commercial products and
services to the local, regional, and general motoring public.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)

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(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
H. Downtown Mixed-Use Zoning District (C-3)
(1) Statement of Intent: The C-3 zoning district is intended to preserve and promote the
Downtown area with pedestrian oriented, walkable environment with retail, office and
upper-story residential uses.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.) In order to promote the
economic vitality and attractiveness of all properties located within the C-3 zoning district,
the ground floor of any building shall not be used for storage nor remain vacant for an
extended period of time due to the neglect of the property owner or building tenant to
actively maintain and market the property for use.
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
I.

Limited Industrial Zoning District (M-1)
(1) Statement of Intent: The M-1 zoning district is intended for a mixed of certain retail service,
office, light manufacturing, and warehouse and distribution uses with limited outdoor
storage.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)

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(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
(9) Outdoor Storage: Licensed and operable trailers, trucks, power equipment, and shipping
containers plus limited storage of other equipment and bulk materials is permitted subject
to the requirements contained herein this Chapter. No junk, garbage, or debris shall be
stored outside.
J.

General Industrial Zoning District (M-2)
(1) Statement of Intent: The M-2 zoning district is intended for industrial, manufacturing, and
warehouse and distribution uses with or without outdoor storage.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
(9) Outdoor Storage: Outdoor storage is permitted subject to the requirements contained
herein this Chapter. No junk, garbage, or debris shall be stored outside.

K. Planned Unit Development (PUD)
(1) Intent: The PUD District is intended to provide for the development or redevelopment of
land under the control and in accordance with an approved Master Plan. The development
guidelines and standards in which land uses, transportation facilities, building densities,
arrangements, and types are set out in a unified Master Plan in order to provide greater
flexibility of land use, development densities, and building locations than other zoning
districts may allow.
The PUD District is intended to maximize benefits from the use of open spaces, preserve
natural areas and existing tree cover, protect steep slopes, maximize aesthetics,
encourage certain architectural standards for buildings, and permit mixed uses and
diversity of bulk regulations without endangering the general health, safety, welfare, and
land value of surrounding and internal properties. A PUD may consist of a single use or a

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mix of residential, commercial, and limited industrial uses, provided such PUD is
compatible with the Future Land Use Map and Comprehensive Plan of the City. It is not
the intent of the PUD district to be utilized to reduce or provide relief from an existing
zoning regulation or requirement.
(2) Procedures:
a. Application: The owner or owners of a parcel of land within the zoning jurisdiction of
the City may submit to the Zoning Administrator an application accompanied by a PUD
Master Plan requesting a rezoning to the PUD Zoning District. The application form,
Master Plan (including number of copies), proposed development rules and
regulations, design guidelines, and other submittal details and requirements shall be
as determined by the Zoning Administrator as necessary to review the request. The
required application fee shall be as determined by resolution of the City Council.
b. Review Process: The PUD Application shall be reviewed by the Zoning Administrator
for completeness. Applications deemed incomplete shall be returned to the applicant
with a list of the missing or incomplete items. Applications deemed complete shall be
distributed by the Zoning Administrator to other City departments and agencies as
necessary for review and comment as to its compliance with all zoning regulations and
other pertinent City codes, regulations, standards, and policies.
c.

Subsequent to review by the Zoning Administrator and other City departments and
agencies, the Zoning Administrator shall submit to all members of the Planning and
Zoning Commission a copy of the PUD Application along with a written
recommendation as to the request’s conformity with the rules and regulations of the
City and may include a recommendation for approval, approval with conditions, or
denial of the application.

d. The Planning and Zoning Commission shall subsequently hold a public meeting for a
rezoning as prescribed by their rules of procedures and the Zoning Ordinance and
review the PUD Application for conformity with the zoning regulations and standards
and may confer with the applicant on changes to their requested as may be deemed
advisable. The Planning and Zoning Commission shall consider the following as part
of their deliberation:
i.

Compatibility with the Future Land Use Map and the Comprehensive Plan.

ii.

Land uses, building sizes and densities, and number of dwelling units.

iii. Building types, functions, architecture, and building placement and setbacks.
iv. Provisions for open space, landscaping, buffers, pedestrian circulation, and storm
water management.
v.

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Preservation and protection of natural features, drainageways, steep slopes, and
existing tree cover.

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vi. Provisions for adequate public infrastructure including sanitary sewer and water
service, storm water run-off, public parks, and public safety services.
vii. Traffic circulation and congestions including access to and from the site.
viii. General relationship to and impact on the surrounding area and neighboring
properties.
After completion of its deliberation, the Planning and Zoning Commission may adopt
a recommendation for approval or denial of the PUD Master Plan and associated
development rules, regulations, and guidelines as submitted. The Planning and
Zoning Commission may also request the developer agree to certain conditions or
agree to make certain modifications, alterations, adjustments, or amendments to the
proposed Master Plan and associated rules, regulations, and guidelines in order to
secure a recommendation of approval from the Planning and Zoning Commission.
The Planning and Zoning Commission shall forward its recommendation to the City
Council within 60 days of the receipt of a PUD Application deemed complete by the
Zoning Administrator. If the Planning and Zoning Commission does not act within the
60 days as prescribed above, the PUD Application shall be deemed to have received a
recommendation of approval by the Planning and Zoning Commission unless the
applicant agrees to an extension of time.
Within 60 days of receiving a recommendation from the Planning and Zoning
Commission, the City Council shall hold a public hearing for a rezoning as prescribed
by their rules of procedures and the Zoning Ordinance and review the PUD Application
for conformity with the zoning regulations and standards. During this hearing, the
City Council may confer with the applicant on changes to their request as may be
deemed advisable in order to secure the approval by the City Council. The City Council
may approve, approve with conditions or modifications as agreed to by the applicant,
or deny the application. If the City Council fails to act within the herein prescribed 60day period, the PUD Application shall be deemed to have been denied, unless both
the applicant and the City Council agree to an extension of time.
Whenever any PUD Application has been denied by the City Council, no new
application covering the same property, or the same property and additional property,
shall be filed with or considered by the City Council until one year has elapsed from
the date of the filing of the first application.
e. Recording of the Master Plan and Associated Regulations and Guidelines: The
ordinance providing for the rezoning of the property to the PUD Zoning District and
the associated Master Plan, Regulations, and Guidelines as approved by the City
Council shall be recorded at the Office of the Warren County Recorder and shall be
binding on the property owners, their heirs, successors, or assigns. No phase of the
PUD shall be started, and no building permits shall be issued until all documents have
been recorded.

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Modifications: Any application by the property owner or owners for modification to an
approved PUD shall first be reviewed by the Planning and Zoning Commission. Said
proposed modification along with a report from the Planning and Zoning Commission
shall then be forwarded to the City Council with appropriate recommendations. The
City Council shall then take such appropriate action on the proposed modification and
their decision shall be final.
No modification may be considered that is more than a ten percent (10%) increase in
density or change of uses of the site without a public hearing by the Planning and
Zoning Commission and City Council as required for a rezoning. A public hearing may
be held by the Planning and Zoning Commission or City Council on any requested
modification. All modifications and adjustments shall be recorded at the Office of the
Warren County Recorder.

g. Platting and Development: Prior to development within the PUD, applications for
Preliminary and Final Plats, Site Plans, and Building Permits that are in conformance
with the provisions of the PUD shall be submit for review in accordance with the City’s
regulations. At the applicant’s own risk, Preliminary Plats, Final Plats, and Sites Plans
may be submitted and reviewed concurrently with the PUD Application process.
2. RESIDENTIAL ZONING DISTRICTS BUILDING BULK AND DENSITY REGULATIONS. The following
table details the minimum lot sizes, building setbacks, building size and height limitations,
minimum open space, and maximum density requirements for each building type constructed
within the residential zoning districts established herein.

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RESIDENTIAL ZONING DISTRICTS BUILDING BULK AND DENSITY REGULATIONS TABLE
BUILDING TYPE

MultipleFamily
Dwelling
(Apartment)

NonResidential
Structure in
a
Residential
Zoning
District

n/a

n/a

40,000 sq ft

24 ft.

80ft

100 ft

20 ft

20 ft

40 ft

25 ft

25 ft

30 ft.

35 ft.

10 ft

8 ft min one
side, 18 ft
total sum of
both side
yards

10 ft6

8 ft.6

30 ft

30 ft

35 ft

35 ft

30 ft

30 ft

30 ft

35 ft

n/a

n/a

16 ft side to
side, 46 ft
back to back
or back to
side

30 ft

20 ft

20 ft from
back of curb
or street
sidewalk
whichever is
closest

n/a

n/a

A-1 Zoned
Single
Family
Dwelling

Single
Family
Dwelling
(Detached
and SemiDetached)

Two Family
Dwelling

Min. Lot Size

15 acres

7,200 sq ft

8,400 sq ft

Min. Lot Width¹

300 ft

60 ft

70 ft

Min. Lot Street Frontage²

20 ft

20 ft

20 ft

Front Yard Setback³

40 ft

30 ft

Side Yard Setback4

Rear Yard Setback5

BULK AND DENSITY
REGULATION BY
BUILDING TYPE

Min. Separation Between
Principal Buildings

n/a

Townhouse
or Row
Dwelling

Min. Setback from Private
Street or Common Private
Roadway

n/a

n/a

20 ft from
back of curb
or street
sidewalk
whichever is
closest

Min. Setback from the
Perimeter of the
Development

n/a

n/a

30 ft

30 ft

30 ft

30 ft

Max. Building Height

35 ft

35 ft

35 ft

35 ft

50 ft

40 ft

Min. Open Space

n/a

20%

20%

25%

25%

25%

Max. Dwelling Units Per
Acre

0.067

n/a

n/a

8

20

n/a

¹ Measured at the front yard building setback line
² Postage Stamp Lots: Direct street frontage not required; All yard setbacks for postage stamp lots shall be 5 ft, excluding shared walls
located along a common lot line
³ Front stoops, stairs, decks and porches may encroach up to 6 ft into the required front yard setback
Horizontally projecting roof overhangs and other similar building projections may extend up to 3 ft into a required side yard setback
provided no part of a building is closer than 5 ft to a lot line
4

5

Stoops, stairs, decks, and patios, not enclosed or covered by a roof, may encroach up to 20 ft into the required rear setback

6

Zero feet from common lot lines of attached structures

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3. NON-RESIDENTIAL BULK AND DENSITY REGULATIONS. The following table details the minimum
lot sizes, building setbacks, building size and height limitations, minimum open space, and
maximum density requirements for each non-residential zoning district.
NON-RESIDENTIAL BULK AND DENSITY REGULATIONS TABLE
ZONING DISTRICTS
BULK AND DENSITY REGULATION BY ZONING
DISTRICT

C-1

C-2

C-3

M-1

M-2

Min. Lot Size

n/a

n/a

n/a

n/a

n/a

Min. Lot Width

150 ft

150 ft

n/a

n/a

n/a

Min. Lot Street Frontage4

40 ft

40 ft

40 ft

40 ft

40 ft

Front Yard Setback

30 ft

40 ft

0 ft

35 ft

35 ft

Side Yard Setback¹

10 ft

10 ft

0 ft

20 ft

20 ft

Rear Yard Setback²

10 ft

10 ft

0 ft

35 ft

35 ft

Min. Separation Between Buildings Not Attached

20 ft

20 ft

20 ft

20 ft

20 ft

Max. Building Height

50 ft³

50 ft³

50 ft

50 ft³

50 ft³

Min. Building Height

n/a

n/a

28 ft

n/a

n/a

Min. Open Space

20%

20%

0%

15%

15%

Max. Dwelling Units Per Acre

n/a

n/a

18

n/a

n/a

¹ 30 feet when said yard adjoins a residential zoning district or existing residential property
² 40 feet when said yard adjoins a R-1 or R-2 zoning district or existing single-family property
³ An additional 10 ft of height is permitted for every 10 ft of additional building setback provided to a maximum height of 60 ft
Postage Stamp Lots: Direct street frontage not required; All yard setbacks for postage stamp lots shall be 5 ft, excluding shared
walls located along a common lot line
4

4. PERMITTED AND SPECIAL USES. The following table identifies the allowable uses within each
zoning district. A use identified with a “P” within a given zoning district column is a Permitted use.
A use identified with a “S” within a given zoning district column requires approval of a Special Use
Permit from the Board of Adjustment in accordance with city code. A blank space indicated that
use is not permitted within the given zoning district. Uses not listed shall be considered not
permitted uses.
The definitions for each listed use shall coincide first with the definition contained within Chapter
165.03 of the Zoning Code, second as may be defined elsewhere in the City Code, and finally the
commonly understood definition as determined by the Zoning Administrator.
A proposed use may follow under more than one category; however, for the purposes of this
section, the proposed use shall follow the closest, most similar or specific use as listed in the Use
Matrix.
It shall be the sole discretion of the Zoning Administrator to make the determine as to where a
proposed use falls within the Uses Table, whether it fits within or is similar to a use listed within
the Uses Table or is otherwise not listed and therefore not permitted. The determination by the
Zoning Administrator is appealable to the Board of Adjustment per the procedures as provided in
city code.

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

P

P

S

P

P

Two-family dwelling on one lot (duplex on one
lot) does not include the conversion of an
existing single-family home into 2 dwelling
units)

P

P

Townhouse dwelling (3+ units)

P

P

R-4

C-1

C-2

C-3

AGRICULTURAL USES
Commercial Farm Operation
Farming (row crop, vegetables, greenhouse,
vineyards, orchards)

P

Animal Husbandry (raising of livestock
including animal feeding operations)
Truck gardening and nurseries

P

Farm Support Housing

S

Horse boarding and riding stables

P

Residential Animal Raising (see definition)

P

Kennel

P

RESIDENTIAL USES
Household Living
Single-family dwelling, detached

P

Single-family dwelling, semi-detached
(traditional duplex on two lots)

Multiple family dwelling (3+ apartment or
condo units)

P

Manufactured Home Park
Accessory dwelling (includes the conversion of
an existing single family detached dwelling
into 2 units such as converting a basement or
attached garage space into a separate
dwelling unit)

S
P

S

S

S

Dwelling units located above the ground floor
only (mixed use building)

P

Group Residential
Family home / Group care facility

P

P

P

P

Elder group home

P

P

P

P

Assisted living residential facility

P

P

P

P

P

Nursing or convalescent home

P

P

P

P

P

Supervised group residence

Page 15 of 40

S

S

M-1

M-2

Indianola Zoning Code Update | Chapter 165.05 Zoning District Regs

Draft 05-04-2021

PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

S

S

S

S

S

S

S

S

S

S

P

P

P
S

S

PUBLIC AND CIVIC USES
College, university, vocational and trades schools
Cultural exhibit, museum, or library
Membership or religions organization, social club
or lodge, and other place of public assembly

S

S

S

S

S

S

S

S

Public or private elementary, middle, or high
school

S

S

S

S

S

S

S

S

Public or private parks, golf courses, golf driving
ranges, country clubs, swimming pools,
playgrounds, and indoor or outdoor recreational
facilities and ball fields

P

P

P

P

P

P

P

P

P

P

Public Utilities (not including gas and electrical
power distribution stations, storage or
maintenance yards or buildings)

P

P

P

P

P

P

P

P

P

P

Government buildings and properties

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Hospital
COMMERCIAL USES
After hours business
Agricultural Sales and Services

P

Animal services
Kennel (including day kenneling)
Veterinary services (without overnight
kenneling)
Art gallery

P
P

P

P

P

P

P

P

P

P

Banks and financial services
Banks, not including delayed deposit service
business
Delayed deposit service business (including
check cashing, payday lending, car title loan
business)

S

Pawnshop

S

Freestanding automated teller machine (ATM)
Body piercing studio or tattoo studio

Page 16 of 40

P

P

P
S

P

P

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

Child Care Center (child care home and child
development home are addressed under the home
occupations chapter)

R-1

R-2

R-3

S

S

P

R-4

C-1

C-2

C-3

P

P

P

M-1

M-2

Construction sales and service, contractor office,
office for plumber, electrician, HVAC service or
similar use
No outdoor storage

P

P

With outdoor storage

P
P

Drive-in or drive-thru facilities

S

P

Eating and drinking establishment
Restaurant

P

P

P

P

P

P

P

P

Indoor: waterpark, miniature golf, bowling,
video game arcades, commercial driving
ranges, go-carts, trampoline park, playground
play space or similar use

P

P

Outdoor: drive-in theater, waterpark,
miniature golf, commercial driving ranges, gocarts, trampoline park, playground play space
or similar use

P

P

P

P

P

P

Micro-brewery, micro-distillery, or winery with
on-site tasting/sampling and sales

S

Tavern / Bar

P

P

Entertainment
Movie theater, performance hall, performing
arts studio

P

P

Funeral and interment services
Cemetery, mausoleum, columbarium

P

P

P

P

P

Cremation services

S

Funeral Home including funeral services and
retail sales with no outdoor display or storage

S

S

P

Retail sales with outdoor displays and storage

P

P

P

P

P

P

P

Lodging
Bed & breakfast inn

P

P

P

Extended stay or apartment hotel

S

S

Hotel or motel

P

P

Boarding or rooming house

Campground

Page 17 of 40

S

S

P

P

S

P

S

S

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

R-4

Short-term rental
Medical or dental clinic, pediatrician's office,
outpatient surgery center, medical testing center,
or similar use
Mini warehouse or self-storage facility

P

P

P

P

P

C-1

C-2

C-3

M-1

M-2

P

P

P
P

P

P

In-door only
Out-door storage including vehicle, boat,
camper, recreational vehicle

P

Motor vehicle and motor equipment-oriented
businesses
Automobile service center (auto parts sales)

P

P

Automotive washing, car wash (auto, manual,
or attended), does not include truck or trailer
washing or trailer washout

P

P

P

Gas station or service station with minor
repair and services (brakes, batteries, tires, oil
changes), including the dispensing of liquified
propane

P

P

P

P

P

Electric vehicle charging stations (not ancillary
to a principal use)

P

P

P

Major motor vehicle repair (painting, body,
fender, frame, transmission, engine overhaul)

P

P

P

Automobile sales, rental, storage lot, and offstreet parking

P

P

P

P

P

Automobile, truck and equipment auction
facilities
Recreational vehicle, camper, boat,
motorcycle, snowmobile, golf car, and similar
sales, lease, and rental and ancillary repair
and maintenance

P

P

P

Light equipment sales, rental, or repair service

P

P

P

Heavy equipment sales, rental or repair
service

P

Truck Stop, not including trailer washout

P

Commercial parking lots and parking structures
(not ancillary to a principal use)

Page 18 of 40

P

S

P

P

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE
Personal and consumer service

A-1

Beauty salon, barbershop

R-1

R-2

R-3

R-4

C-1

C-2

C-3

P

P

P

Dry cleaner and laundry service
Dry cleaner and laundry service (pick-up/dropoff service only)

M-1

M-2

P

P

P

P

P

P

P

P

Laundry (self-serve laundromat)
Massage therapy establishment, state
licensed
Fitness center, gym, health spa

P

P

P

P

P

P

P

P

P

P

P

P

P

Tailor

P

P

P

P

P

P

P

Print shop, copy center, retail shipping store
Professional Office (corporate, law, engineering,
architecture, real estate, insurance, accounting,
bookkeeping or similar use)

P

P

P

Television and radio broadcast studio, offices,
and production facilities

P

P

P

Retail sales (grocery store, pharmacy/drug store,
office supplies store, bakery, clothing or
department store, and similar retail use)

P

P

P

Convenience store with fuel sales

P

P

Fireworks retail sales facility

P

Hardware store, lawn and garden store, or
similar use with outdoor storage

P

Large retail (over 50,000 sq. ft. gross floor
area, single user or tenant space)

P

Liquor store

S

Lumber yard and Construction Sales and
Services

S

Medical cannabidiol dispensary

S

Can and bottle redemption facility

P

Smoking lounge or hookah lounge

S

S

Tobacco store (including vape shop)

S

S

Retail sale - intensive

P

P
P

P

P

P

P

P

P

P

S

S

Adult oriented establishment

S

Spectator sports
Indoor

S

P

P

Outdoor

S

P

P

Sports and recreation, participant

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

Outdoor

S

P

P

Indoor

S

P

P

INDUSTRIAL USES
Animal feedlots, processing of animals or animal
by-products
Electrical power generation (utility scale for offsite use, distribution, or sale)

S

S

Manufacturing, production and industrial
services
Limited (no food related processing and
manufacturing, all activities wholly contained
within a building)

P

P

General (limited food processing, outdoor
storage limited)

P

P

Intensive (may include outdoor storage of
materials and activities not contained within a
building) and includes:
Auto and other equipment and
machinery wrecking and used parts yards
and storage (no outdoor wrecking or
disassembly)

S

Truck or trailer washout

S

Cement, lime, gypsum, or plaster
manufacture

S

Explosive and ammunition manufacture
or storage

S

Junk or garbage processing, recycling,
storage, or transfer station (indoor only)

S

Petroleum, chemical, fuel, and gasses
refining, manufacture, distribution, or
bulk storage

S

Rubber goods manufacture

S

Sand or gravel pits, mining, and crushing

S

Smelting and processing or ore, metal
and scrap metal

S

Medical cannabidiol manufacturer

S

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

P

P

Repair service
Electronics, appliance, household goods,
furniture or similar

P

Small engine

P

Research laboratory and testing

P

Storage of equipment, data and records,
electronic data center, furniture and similar

P

Trucking/freight terminal

P

Wholesale fuel storage, sales, or distribution

S

Grain storage and distribution

P

Warehousing and wholesaling (outdoor storage
limited to licensed and operable trailers, trucks,
power equipment, and shipping containers)

P

Waste related use
Junkyard including auto, truck and machinery
wrecking and recycling

S

Recycling facility

S

Sanitary landfill

S

OTHER USES
Gas and electrical power distribution station

S

S

Mining operation, sand and gravel extraction or
processing, gas or oil well, or similar mineral or
earth resource extraction (no crushing of rock,
ore)

S

S

Wireless telecommunications facility
Tower

S

S

S

S

S

S

S

S

S

S

Co-located

S

S

S

S

S

S

S

S

S

S

Commercial broadcast antennas, towers, and
satellite dishes

S

S

S

S

S

S

S

S

S

S

5. STANDARDS FOR ALL ZONING DISTRICTS
A. Small Wind Energy Conversion Systems
(1) Intent. The intent of this section is to balance the need for clean, renewable energy
resources and the necessity to protect the public health, safety and welfare of the
community. The City finds these regulations are necessary to ensure that Small Wind
Energy Conversion Systems are appropriately designed, sited and installed.

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(2) Definitions. The following terms are defined for this section:
a. “Height, total system” means the height above grade of the system, including the
generating unit and the highest vertical extension of any blades or rotors.
b. “Lot” (or parcel) means any legally established lot or parcel which contains or could
contain a permitted or special use as provided by Chapter 165 of this Code of
Ordinances.
c.

“Off grid” means an electrical system that is not connected to utility distribution and
transmission facilities or to any building or structure that is connected.

d. “Shadow flicker” means changing light intensity caused by sunlight through the
moving blades of a wind energy conversion system.
e. “Small Wind Energy Conversion System (SWECS)” means a wind energy conversion
system which has a nameplate rated capacity of up to 15 kilowatts for residential uses
and districts and up to 100 kilowatts for commercial and industrial districts and which
is incidental and subordinate to a principal use on the same parcel. A system is
considered a SWECS only if it supplies electrical power solely for use by the owner on
the site, except that when a parcel on which the system is installed also receives
electrical power supplied by a utility company, excess electrical power generated and
not presently needed by the owner for on site use may be used by the utility company
in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as
amended from time to time.
f.

“Small Wind Energy Conversion System, free standing” means a SWECS which is
elevated by means of a monopole tower only and is not located on another supporting
structure except that the tower shall have an appropriately constructed concrete
base. Guyed, lattice, or other non-monopole style towers shall not meet this
definition.

g. “Small Wind Energy Conversion System, horizontal axis” means a small wind energy
conversion system that has blades which rotate through a horizontal plane.
h. “Small Wind Energy Conversion System, building mounted” means a SWECS which is
securely fastened to any portion of a principal building in order to achieve desired
elevation, whether attached directly to the principal building or attached to a tower
structure which is in turn fastened to the principal building. These systems are
prohibited by this chapter.
i.

“Small Wind Energy Conversion System, vertical axis” means a small wind energy
conversion system that has blades which rotate through a vertical plane.

j.

“Tower” means the vertical component of a wind energy conversion system that
elevates the wind turbine generator and attached blades above the ground.

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k.

“Wind Energy Conversion System (WECS)” means an aggregation of parts including the
foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory
equipment such as utility interconnect and battery banks, etc., in such configuration
as necessary to convert the power of wind into mechanical or electrical energy, e.g.,
wind charger, windmill or wind turbine.

l.

“Wind turbine generator” means the component of a wind energy conversion system
that transforms mechanical energy from the wind into electrical energy.

(3) General Regulations.
a. Special Use Permit. A Small Wind Energy Conversion System (SWECS) shall be allowed
only as an accessory use to a permitted principal use and with approval of a special
use permit from the Board of Adjustment.
b. Zoning. SWECS may be allowed in any zoning district subject to the provisions
contained herein and elsewhere within this City Code.
c.

Permit Required. It shall be unlawful to construct, erect, install, alter or locate any
SWECS within the City, unless a special use permit has been obtained from the Board
of Adjustment. The special use permit may be revoked by resolution of the Board of
Adjustment any time the approved system does not comply with the rules set forth in
this chapter and the conditions imposed by the Board of Adjustment. The
owner/operator of the SWECS must also obtain any other permits required by other
federal, state and local agencies/departments prior to constructing the system. 164.05
Application for SWECS shall be made on forms provided by the City. No action may be
taken regarding requests for SWECS until completed applications have been filed and
fees paid.

d. Number of Systems per Zoning Lot.
i.

No more than one freestanding SWECS may be placed on any parcel or lot.
Additional freestanding SWECS are prohibited.

e. Tower. Only monopole towers shall be permitted for freestanding SWECS. Lattice,
guyed or towers of any other type shall not be considered to be in compliance with
this chapter.
f.

Color. Freestanding SWECS shall be a neutral color such as white, sky blue or light
gray. Other colors may be allowed at the discretion of the Board of Adjustment. The
surface shall be non-reflective.

g. Lighting. No lights shall be installed on the tower, unless required to meet FAA
regulations.

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h. Signage. No signage or advertising of any kind shall be permitted on the tower or any
associated structures.
i.

Climbing Apparatus. The tower must be designed to prevent climbing within the first
10 feet.

j.

Maintenance. Facilities shall be well maintained in accordance with manufacturer’s
specifications and shall remain in an operational condition that poses no potential
safety hazard nor is in violation of any provisions contained within this chapter or
elsewhere within this City Code.

k.

Displacement of Parking Prohibited. The location of the SWECS shall not result in the
net loss of required parking as specified elsewhere in the City Zoning Code.

l.

Utility Notification. The City shall notify the utility of receipt of an application to install
an interconnected customer-owned generator. Off-grid systems shall be exempt from
this notification requirement.

m. Interconnection. The SWECS, if not off-grid, shall meet the requirements for
interconnection and operation as set forth by the utility and the Iowa Utilities Board.
No permit of any kind shall be issued until the City has been provided with a copy of
an executed interconnection agreement. Off-grid systems shall be exempt from this
requirement.
n. Restriction on Use of Electricity Generated. A SWECS shall be used exclusively to
supply electrical power to the owner for on site consumption, except that excess
electrical power generated by the SWECS and not presently needed for use by the
owner may be used by the utility company in accordance with Section 199, Chapter
15.11(5) of the Iowa Administrative Code, as may be subsequently amended.
o. Noise. A SWECS shall be designed, installed and operated so that the noise generated
does not exceed the maximum noise levels established elsewhere in this City Code.
p. Shadow Flicker. No SWECS shall be installed and operated so to cause a shadow flicker
to fall on or in any existing residential structure.
q. Safety Controls. Each SWECS shall be equipped with both an automatic and manual
braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, or turbine
components. Said automatic braking system shall also be capable of stopping turbine
rotation in the event of a power outage so as to prevent back feeding of the grid.
r.

Shut Off. A clearly marked and easily accessible shut off for the wind turbine will be
required as determined by the Community Development Director.

s.

Electromagnetic Interference. All SWECS shall be designed and constructed so as not
to cause radio and television interference. If it is determined that the SWECS is causing

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electromagnetic interference, the owner/operator shall take the necessary corrective
action to eliminate this interference including relocation or removal of the facilities,
subject to the approval of the appropriate City authority. A permit granting a SWECS
may be revoked if electromagnetic interference from the SWECS becomes evident.
t.

Wind Access Easements. The enactment of this chapter does not constitute the
granting of an easement by the City. The SWECS owner/operator shall have the sole
responsibility to acquire any covenants, easements, or similar documentation to
assure and/or protect access to sufficient wind as may or may not be necessary to
operate the SWECS.

u. Engineer Certification. Applications for any SWECS shall be accompanied by standard
drawings of the wind turbine structure, including the tower, base, and footings. An
engineering analysis of all components of the SWECS showing compliance with the
applicable regulations and certified by an Iowa licensed professional engineer shall
also be submitted.
v.

Installation.
Installation
must
be
done
according
to
manufacturer’s
recommendations. All wiring and electrical work must be completed according to the
applicable building and electric codes. All electrical components must meet code
recognized test standards.

w. Removal. If the SWECS remains nonfunctional or inoperative for a continuous period
of six months, the system shall be deemed to be abandoned. The SWECS
owner/operator shall remove the abandoned system at their expense. Removal of the
system includes the entire structure, transmission equipment and fencing from the
property excluding foundations. Non-function or lack of operation may be proven by
reports from the interconnected utility. For off-grid systems the City shall have the
right to enter the property at its sole discretion to determine if the off-grid system is
generating power. Such generation may be proven by use of an amp meter. The
SWECS owner/operator and successors shall make available to the Director of
Community Development all reports to and from the purchaser of energy from the
SWECS if requested. If removal of towers and appurtenant facilities is required, the
Director of Community Development shall notify the SWECS owner/operator. Removal
shall be completed within six months of written notice to remove being provided to
the owner/operator by the City.
x.

Right of Entrance. As a condition of approval of a special use permit an applicant
seeking to install SWECS shall be required to sign a petition and waiver agreement
which shall be recorded and run with the land granting permission to the City to enter
the property to remove the SWECS pursuant to the terms of approval and to assure
compliance with the other conditions set forth in the permit. Removal shall be at the
expense of the owner/operator and the cost may be assessed against the property.

y.

Feasibility Study. It is highly recommended that a feasibility study be made of any site
prior to installing a wind turbine. The feasibility study should include measuring actual
wind speeds at the proposed turbine site for at least three months.

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(4) Bulk Regulations.
a. Setbacks. The minimum distance between any freestanding SWECS and any property
line shall be a distance that is equivalent to 150 percent of the total system height. The
setback shall be measured from the property line to the point of the SWECS closest to
the property line.
b. Maximum Height. Height shall be measured from the ground to the top of the tower,
including the wind turbine generator and blades.
i.

For lots of more than one and fewer than three acres, the maximum height shall
be 65 feet.

ii.

For lots of more than three and fewer than five acres, the maximum height shall
be 80 feet.

iii. For lots more than five acres, the maximum height shall be 100 feet.
c.

Minimum Lot Size.
i.

The minimum lot size for a freestanding SWECS within C-1, C-2, C-4, M-1 and M-2
shall be one acre.

ii.

The minimum lot size for a freestanding SWECS within A-1 and all residential
zoning classifications shall be three acres.

d. Clearance of Blade. No portion of a horizontal axis SWECS blade s