North Liberty Enacts Revised Zoning Code

Last year, North Liberty staff undertook a major update to the city’s zoning code to make it more user friendly, to foster a “we want to do business” mindset, to modernize and align it with best practices and to protect and enhance the built environment.  The update allows the code to adapt to new uses such as micro-fulfillment centers, removes antiquated nomenclature such as  references to “dry good/notion stores” and “howitzers,” updates nomenclature by grouping like uses such as beauty shops and health clubs under personal service establishments, addresses confusing standards such as including separate zones for “auto body repair” and “auto repair shop,” revising the process for site plan approval, reducing excessive off-street parking requirements and other updates. At its Feb. 22, 2022, meeting, the North Liberty City Council unanimously approved, for a third and final time, this major update to the city’s zoning code.

Use Table, Uses Defined and Use Standards

The primary goal of the Ordinance was to create a contemporary, easy to read use table, define every use and provide use standards, when necessary. This is opposed to uses being listed in every zoning district. This format also allows consistent nomenclature and makes it much easier for City staff to recommend amendments when new uses or changes to uses arise. One example of a use not previously defined is a micro-fulfillment center. This is an e-commerce center that is by definition retail. While e-commerce will continue to be an element of modern society, it could have a dramatic impact on community character.

Antiquated Nomenclature

Some examples of antiquated nomenclature include “dry good/notion stores”, “tea rooms, “boot and shoe cut stock and findings” “ophthalmic goods”, and “taverns.”

In some instances the proposed Ordinance consolidates several previously defined uses into one. Some examples include “live performance venue”, which includes musical acts and DJs, theatrical plays, and stand-up comedy and “personal service establishment”, which includes beauty shops, barbershops, tanning salons, electronics repair shops, bicycle repair shops, nail salons, laundromats, health clubs, dry cleaners, and tailors.

Confusing Nomenclature

One big challenge of this Ordinance was to eradicate confusing nomenclature. For example is “automotive repair, major” and automotive repair, minor” are defined in the current definition section. However, C-2-A lists “auto repair shop” and “auto service” as permitted uses. I-1 lists “auto body repair” as a permitted use. Additionally, Section 170.05 allows auto franchise dealerships to perform major and minor automotive repair even though it conflicts with the allowable C-2-A uses.

Revised Requirements for Site Plan Approval

Currently, the site plan ordinance requires a fully engineered site plan to be considered by the Planning Commission and approved by City Council. This is likely a holdover when the City was much smaller and did not have the administrative staff to perform in depth reviews. Notably, there is a financial risk because an applicant has to spend a lot of money just to see if they can build something.

The proposed Ordinance splits the process into preliminary site plan approval and construction site plan approval. The former requires much less detail (but likely everything that is currently reviewed) and would continue to be reviewed by the Planning Commission and approved by City Council. The latter requires all the engineering detail and would be reviewed and approved by City staff.

Revised Off-Street Parking Standards

The off-street parking ordinance has been completely rewritten. This in part addresses the excessive parking requirements in the current Zoning Code. It is staff’s opinion that minimum parking standards should be the minimum a use requires to prevent congestion on a public street. There are several examples in North Liberty where is excessive, unused parking simply because the Zoning Code required it.

City staff recently analyzed required parking for a large manufacturing facility and found that the code currently requires more than three times as many spaces as were contemplated by a concept plan.

Rental Housing Regulations

City staff is aware that rental housing regulations were recently adopted. While staff agrees that rental housing should be regulated, regulations are not normally contained the Zoning Code. It is staff’s opinion that a “single-unit residence” is a use whether it is owner occupied or rented. The City already contains rental housing regulations in Chapter 146 entitled “Housing Code”. Any relevant rental regulations in the Zoning Code will be relocated to the City’s Housing Code and presented to the City Council with the proposed Ordinance. These amendments would not subject to the Planning Commission’s review since they are not contained within the Zoning Code.

Floodplain Overlay District

The Floodplain Overlay District, which was adopted in 2006 is proposed to be deleted from the Zoning Code. Paradoxically, it did not replace the current Floodplain Development Permit regulations, which will remain in the Zoning Code. It is staff’s opinion that since there are not many properties located in the special hazard flood area, there is no need for excessive regulation. Any relevant language should be included in a revision to the Floodplain Development Permit regulations, which will be undertaken at a future date.

Design Standards

Currently, Sections 169.12 and 169.13 appear to have been a relatively simple “add-ons” to codify desired design standards. It is staff’s opinion the current built environment is a reflection of these standards, however, staff contends that several sections are not properly placed. Examples include regulations pertains to signs and landscaping, which would be located in their respective chapters/sections.

Sign Regulations

Staff is proposing to remove the allowance for pole signs entirely. Current Zoning Code language is monument signs are preferred, but pole signs are allowed with Council approval. Zoning Code language, which allows for the modification of existing pole signs will remain unchanged. Additional changes include specifying width requirements for the base of monuments signs and extending the time period new businesses may have a temporary sign from 10 to 30 days.

Zoning District Changes

Staff is proposing to delete RM-4 and RM-6 from the Zoning Code because they are not utilized and underutilized respectively. Additionally, staff is modifying the C-3 District to a higher Intensity Commercial District. There are only four parcels zoned C-3 in the City and the property owner asked staff to address the limited number of permitted uses and the 90% masonry requirement. Staff is recommending that certain uses be prohibited on these properties because they are part of a broader vision for the area. Last, a Special Purpose District section is being created for the Interim Development District, Professional Office Overlay District and Planned Area Development District. This is largely a reorganization by grouping these districts in their own category because they are unique. Notably, the Professional Office Overlay District is currently a standalone district, while the regulations are more suited as an overlay. For example, the current RS-O district does not articulate any dimensional standards (lot size, setbacks, building height, etc).

The full code can be found online.