Zoning, building permits and septic rules in Clarence, Iowa

Clarence’s own rules

• Building permitLimited

  Connecting to the city public sanitary sewer or the city public water system inside Clarence city. No general building-permit requirement for new dwellings was found in the code.

  • Permit is required before making a sewer connection or opening into a public sewer.
  • Water connections also need a city building permit (section 90.05).

  “the following fees shall be charged for connection with the public water system when the building permit is issued:”

• Local zoningPresent (with conditions)

  Land inside Clarence city limits. The city's own Chapter 165 Zoning Regulations apply; the planning and zoning commission is charged with establishing the city zoning regulations.

  • Zoning districts and bulk limits are set in Chapter 165; the dimensional claims cite the rs and ag districts only.
  • The county is named in the code only as the definition of county (Cedar County, Iowa); no county zoning rule is recorded here.

  “the following requirements shall provide for light and air around permitted residential uses and buildings in the rs – residential district”

• Zoning districtsPartial

  Chapter 165 district regulations for the rs and ag districts inside Clarence city; other districts (mh, bc, i) are in the same chapter but were not fully read

  • Zoning map not located; district boundaries not confirmed.
  • Permitted uses listed for the rs district include single-family detached dwellings, multi-family homes, family homes, home occupations, health care facilities, publicly owned buildings, elder homes and zero-lot-line single-family attached dwellings.

  “2. permitted uses. the following uses are permitted in the rs district: a. single-family detached dwellings. b. multi-family homes. c. family homes. d. home occupations. e. health care facilities. f. publicly owned and operated buildings and facilities. g. elder homes. h. zero lot line, single-family attached dwellings.”

• Minimum lot sizeSpecified

  Single-family residential lots in the rs (residential) district inside Clarence city

  • Multiple-family dwellings and zero-lot-line single-family attached housing require 3,000 square feet per dwelling unit.
  • Where public sewer facilities are not available, a minimum lot area of one acre is required.

  minimum lot area: >= 6000 square feet (one acre where public sewer is not available)

  “minimum lot area minimum lot width minimum front yard minimum side yard minimum rear yard 6,000 square feet 50 feet 25 feet 5 feet 10 feet maximum height (lesser of) 2½ stories or 35 feet”

  One more reviewed finding on this topic

  • Specified — Permitted uses in the ag (agricultural) district inside Clarence city

    “5. bulk regulations. the following requirements shall provide for light and air around permitted uses and buildings in the ag district: minimum lot area minimum lot width minimum front yard minimum side yard minimum rear yard 2 acres 150 feet 50 feet 15 feet 50 feet”

• SetbacksSpecified

  Single-family residential lots in the rs (residential) district inside Clarence city

  • Zero-lot-line single-family attached dwellings have no minimum side yard on the abutting side lot line.

  minimum front yard: >= 25 feet · minimum side yard: >= 5 feet · minimum rear yard: >= 10 feet

  “minimum lot area* minimum lot width** minimum front yard minimum side yard** minimum rear yard 6,000 square feet 50 feet 25 feet 5 feet 10 feet”

  One more reviewed finding on this topic

  • Specified — Permitted uses in the ag (agricultural) district inside Clarence city

    “minimum lot area minimum lot width minimum front yard minimum side yard minimum rear yard 2 acres 150 feet 50 feet 15 feet 50 feet”

• Building heightSpecified

  Buildings in the ag (agricultural) district inside Clarence city

  maximum height: <= 35 feet (lesser of 2½ stories or 35 feet)

  “maximum height (lesser of) 2½ stories or 35 feet”

  One more reviewed finding on this topic

  • Specified — Residential buildings in the rs (residential) district inside Clarence city

    “maximum height (lesser of) 2½ stories or 35 feet”

• Manufactured homesLimited

  Mobile homes and manufactured homes located outside a manufactured home community or mobile home park inside Clarence city

  • Must be placed on a permanent frost-free foundation system meeting manufacturer or state building code support and anchorage requirements.
  • Must be visually compatible with permanent foundation systems of surrounding residential structures.
  • Manufactured homes must meet the same setback and minimum square footage as a site-built single-family dwelling on the same lot (chapter 165 definition).

  “a mobile home or manufactured home located outside of a manufactured home community or mobile home park shall be placed on a permanent frost-free foundation system”

• Off-grid sanitationLimited

  Private sewage disposal (privy, septic tank, cesspool) inside Clarence city limits

  • Prohibited except as provided in the city sanitary sewer chapters; the exceptions were not located in the text read.
  • On-site systems are defined as serving four or fewer dwelling units or the equivalent of 1500 gpd (section 95.02).

  “4. septic tanks. construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in these chapters.”

• Mandatory utility hookupSewer (with conditions)

  Houses and buildings inside Clarence city that abut a street, alley or right-of-way with a public sanitary or combined sewer

  • Applies where a public sanitary or combined sewer is located in the abutting right-of-way, now or in the future.
  • Owners must complete the connection within thirty (30) days after official notice from the city.
  • Where public sewer facilities are not available, the rs district requires a minimum lot area of one acre (see minimum-lot-size-rs).

  “95.05 sewer connection required. the owners of any houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary or combined sewer, are hereby require”

  One more reviewed finding on this topic

  • Water (with conditions) — Buildings inside Clarence city where the city public water system is reasonably available

    “shall be connected to the public water system, if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.”

• Subdividing landRegulated (with conditions)

  Plans, plats and re-plats of land inside Clarence city laid out in lots with public streets or other dedicated portions

  • Submitted to the planning and zoning commission and its recommendations obtained before council approval.
  • Full subdivision design standards were not located in the text read.

  “all plans, plats, or re-plats of subdivision or re-subdivisions of land embraced in the city or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the city, shall first be submitted to the commission and its recommendations obtained before approval by the council.”

• Building in a floodplainRequired

  Development on lands inside Clarence city that the city has identified as flood-prone (Chapter 160)

  • Applies only to lands within the city jurisdiction identified as having flood-prone areas.
  • Development is permitted only through issuance of a flood plain development permit granted by the council under safeguards it may impose.
  • Recreational vehicles placed on flood-prone sites must be on the site fewer than 180 consecutive days, be fully licensed and ready for highway use, or meet the factory-built home permitting and anchoring requirements of chapter 160.

  “in all areas covered by this chapter, no development shall be permitted except through the issuance of a flood plain development permit, granted by the council”

• Permit feesPublished (with conditions)

  Fees for connecting to the city public water system when the building permit is issued. No published building or zoning permit fee schedule was located.

  • Fees are charged only for water connections; water meter fee is the greater of $200.00 or actual cost.
  • The fee section carries the amendment note '(ord. 226 – feb. 14 supp.)'.

  water meter fee: >= 200 USD (or actual cost, whichever is greater) · water hookup fee: 85 USD · inspection fee: 10 USD

  “90.06 fees. the following fees shall be charged for connection with the public water system when the building permit is issued: 1. water meter fee:....................... $200.00 or actual cost, whichever is greater. 2. water hookup fee..................... $85.00 3. inspection fee........................... $10.00 (ord. 226 – feb. 14 supp.)”

• Permit processPartial

  Water connection permit application inside Clarence city; the floodplain permit is issued by the council

  • Permit expires one year after issuance if work begins within 180 days, or after 180 days if no substantial beginning of construction has occurred.
  • Permit may be revoked for any violation of the chapters.

  “the permit shall expire one year after the date of issuance if work is begun within 180 days of issuance or after 180 days if no substantial beginning of construction has occurred.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Clarence or Cedar County directly.

• Owner-builder exemption — Inside Clarence city limits: whether owners may build their own home without a licensed contractor
• Building code adopted — Inside Clarence city limits: whether the city adopts a building code for new construction
• Inspections — Inside Clarence city limits: inspection of new residential construction
• Certificate of occupancy — Inside Clarence city limits: certificate of occupancy for new dwellings
• Minimum dwelling size — Minimum dwelling floor area inside Clarence city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.