Zoning, building permits and septic rules in Preston, Iowa

Preston’s own rules

• Building permitRequired

  Erection, reconstruction, alteration or repair of residences and other structures in Preston city, including structures outside restricted residence districts (as stated in Code 6-11-4)

  • Permit is issued by the city clerk if the requirements of this and other applicable city ordinances are met.
  • Council permission is required under this ordinance (6-11-4).
  • Stated in the restricted residence district chapter; a general city building-permit ordinance was not located in the opened text.

  “permits for residences, schoolhouses, churches, and other similar structures, and for structures outside restricted residence districts, shall be applied for and are required, but shall be issued by the city clerk if the requirements of this and other applicable city ordinances are met.”

• Local zoningVaries (with conditions)

  Land inside Preston city limits that lies within the restricted residence districts designated in Code 6-11-3. Other land inside the city is not covered by a citywide zoning ordinance in the opened code text.

  • Code chapter 6-11 is a restricted residence district ordinance enacted under Iowa Code 414 for the listed areas only, not a citywide zoning ordinance on the opened text.
  • No citywide zoning ordinance title appears in the code table of contents, and no official statement that the city has no zoning was located.
  • Flood plain (chapter 6-15), subdivision (chapter 6-9) and well and sewer rules also apply inside the city.

  “the purpose of this ordinance is to establish a restricted residence district in the city of preston, iowa”

• Zoning districtsPartial

  Restricted residence districts inside Preston city, as designated in Code 6-11-3

  • Only the named restricted residence districts (additions, subdivisions, blocks and lots listed in 6-11-3) are designated in the opened text.
  • No citywide zoning map or district schedule was located.

  “the following restricted residence districts are hereby designated and established.”

• Minimum lot sizeSpecified

  Lots inside Preston city served by a private sewage disposal system using subsurface soil absorption facilities. This is a septic-based minimum, not a general zoning lot minimum.

  • No general zoning lot-size minimum was found in the opened text.
  • A permit cannot be issued for a subsurface absorption system on a lot below this size (6-2-3(4)).

  minimum lot area for subsurface soil absorption private sewage system: >= 15000 square feet (applies only to private sewage systems using subsurface soil absorption facilities)

  “no permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet.”

• SetbacksSpecified

  Residential and accessory buildings inside the restricted residence districts designated in Code 6-11-3 in Preston city

  • Front setback is measured against the nearest adjacent existing building, with a 12-foot minimum for new construction (6-11-6).
  • Side setbacks apply to buildings exempted from permit and to accessory buildings (6-11-6).
  • Setbacks for lots outside the restricted districts were not found in the opened text.

  minimum side setback, residence or exempt building, restricted district: >= 4 feet (from side lot lines) · minimum side setback, accessory building, restricted district: >= 2 feet (from side lot lines) · minimum front setback, new construction, restricted district: >= 12 feet (from street property line; front line may be governed by nearest adjacent existing building)

  “no residence or other building exempted from permit shall be located in the restricted district closer than four (4) feet to the side lot lines, and no accessory building closer than two (2) feet to said side lot lines”

• Living in an RVLimited

  Parking or use of recreational vehicles and trailers on residential private property inside Preston city. The opened text does not address living in an RV on private land beyond these rules.

  • Trailers over 15 feet long may not be parked on residential private property (3-3-35a).
  • Boat, utility, unoccupied motor home, travel or camping trailers may not be parked on public streets for more than 24 hours (3-3-35(1)).
  • Recreational vehicles on flood-zone sites for under 180 consecutive days are exempt from certain flood anchoring rules (6-15).

  “trailers exceeding fifteen (15) feet in length shall not be parked on city streets or right-of-way or on private property used for a residential purpose within the city.”

• Camping on your landLimited

  Occupied travel trailers, campers and motor homes parked temporarily on public streets or other places in Preston city

  • Requires application to the police department.
  • Permitted at designated locations for a three-day period, extendable up to three days on reapplication (3-3-35(1)).
  • Subject to other parking and traffic regulations of the city.

  temporary parking period: 3 days (extendable up to three days on reapplication)

  “upon application to the police department, emergency or temporary parking for occupied travel trailers, campers and motor homes may be permitted at designated locations on public streets, alleys, or any other public or private place for a three (3) day period”

• Manufactured homesLimited

  Mobile homes placed or parked outside a licensed mobile home park in Preston city

  • Permitted only as otherwise allowed by state law.
  • Mobile home parks require at least 8 acres and connection to the municipal sanitary sewer (6-1-7).
  • A replacement manufactured or modular home must meet the federal manufactured-housing standards adopted by Iowa (6-1-6).

  “all mobile homes shall be placed or parked in a mobile home park unless permitted otherwise by state law.”

• Who permits septicMixed (with conditions)

  Private sewage disposal systems on land inside Preston city where no public sewer is available

  • The city superintendent issues the written permit and sets the fee (6-2-3(2)).
  • The system must comply with Iowa DNR recommendations and county health department recommendations (6-2-3(4)).
  • The county health officer may impose additional requirements (6-2-3(7)).
  • Jackson County health regulation also applies to cesspools and septic tanks (6-9 nuisance provisions).

  “comply with all recommendations of the department of natural resources of the state of iowa and the county health department.”

• Septic permitRequired

  Construction of a private sewage disposal system on land inside Preston city where a public sanitary sewer is not available

  • Applies only where the public sewer is not available within 150 feet of the property line (6-2-2(4), 6-2-3(1)).
  • Permit is issued by the superintendent on a city form, with plans and information as needed.
  • Permit is not effective until the installation is approved (6-2-3(3)).
  • Permit and inspection fee of $25 (6-2-3(2)).

  “before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent.”

• Off-grid sanitationLimited

  Non-sewer sanitation (privy, septic tank, cesspool) on land inside Preston city

  • Allowed only as provided in the private sewage disposal section (6-2-3) where no public sewer is available.
  • Subsurface absorption systems require a lot of at least 15,000 square feet (6-2-3(4)).
  • Septic tank or cesspool may not discharge to a natural outlet (6-2-3(4)).
  • Overflowing or failed septic facilities are a nuisance (6-9 nuisance list).

  “except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.”

• Well permitRequired

  Construction, ownership or use of a private well on land inside Preston city

  • City permit is required in addition to the Jackson County health department permit (3-17-3).
  • City permit must be applied for before the county application (3-17-5(1)).
  • City council decides by resolution whether to forward the application to the county (3-17-5(3)).

  “no person shall construct a private well in the city of preston, or own or use a well constructed after the effective date of this provision, unless a permit has been issued for the well by the city of preston.”

• Mandatory utility hookupSewer (with conditions)

  A house or building on land inside Preston city that abuts a street with a public sanitary or combined sewer

  • Connection is required only where the public sewer is within 150 feet of the property line.
  • Where the public sewer is not available, a private sewage disposal system applies (6-2-3(1)).
  • When a public sewer becomes available to a property on a private system, a direct connection is required and the old tanks are abandoned (6-2-3(5)).

  distance to public sewer for mandatory connection: <= 150 feet (measured to the property line)

  “is hereby required at such owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, provided that said public sewer is within one hundred fifty (150') feet of the property line.”

  One more reviewed finding on this topic

  • Conditional — A new private well or other private water system on a tract inside Preston city

    “no part of the tract of ground on which a private well or water system is proposed is within 300 feet of a city water main.”

• Subdividing landRegulated (with conditions)

  Division of land and building permits for tracts inside Preston city and in its extraterritorial review area (Code 6-9)

  • Subdivision regulations are in Code chapter 6-9.
  • No more than two building permits may issue on a separate tract existing at the effective date unless the tract has been platted (6-9-28).
  • The council may vary or waive requirements by a three-fourths vote (6-9-27).

  “no more than two building permits for each separate tract existing at the effective date of this ordinance shall be issued unless the tract has been platted in accordance with this ordinance”

• Permit feesVariable (with conditions)

  City permit fees in Preston city: the private sewage permit fee is set in code; the restricted district permit fee is set by resolution

  • Restricted district permit fee is set by council resolution and printed on the application (6-11-10).
  • No building permit fee schedule was found in the opened text.
  • Fee amounts may change by resolution.

  private sewage disposal permit and inspection fee: 25 USD

  “the fee will be set by resolution and appear on the application.”

• Permit processPartial

  Well permit application process in Preston city; septic permit application goes to the superintendent on a city form

  • Well permit: apply to city first, then county health department (3-17-5(1)).
  • City council decides by resolution whether to forward the well application to the county (3-17-5(3)).
  • No general building permit application procedure was found in the opened text.

  “any person desiring to dig a well within the city of preston shall apply to the city for a permit prior to applying to the jackson county health department for a permit.”

Still unanswered

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

• Owner-builder exemption — Owner-builder permit exemption for work inside Preston city
• Building code adopted — Building code adoption for new construction inside Preston city
• Inspections — Building inspections for new construction inside Preston city
• Certificate of occupancy — Certificate of occupancy for new homes inside Preston city
• Minimum dwelling size — Minimum dwelling floor area inside Preston 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.