Zoning, building permits and septic rules in Red Oak, Iowa

Red Oak’s own rules

• Building permitRequired

  Erection, construction, alteration, enlargement, extension, raising, demolition or moving of buildings or structures inside Red Oak city

  • Permit is issued by the city administrator.
  • Construction may proceed only after the permit is received.

  “no person shall proceed with the erection, construction, conversion, alteration, enlargement, extension, raising or demolition or moving of any building or structure or of any portion thereof without first having received a building permit from the city administrator.”

• Building code adoptedAdopted

  New construction, additions and modifications of structures inside Red Oak city

  • Adopts International Building Code 2015 edition as its first listed code; the chapter adopts further codes (including an International Residential Code) that I did not read in full.
  • Adoption is subject to the chapter's listed amendments, modifications, additions and deletions (section 159.03).

  “except as hereinafter added, deleted, modified or amended, there is hereby adopted the following building codes as well as any amendments adopted to these codes heretofore by the state of iowa: 1. international building code, 2015 edition 2. international residential code, 2015 edition”

• Local zoningPresent (with conditions)

  Land inside Red Oak city limits (Montgomery County, Iowa), under the city zoning ordinance

  • The city's zoning ordinance is Code of Ordinances chapter 165, which the city says applies within the city.

  “this chapter shall be known and may be cited as the zoning ordinance of red oak, iowa.”

• Zoning districtsPublished (with conditions)

  Land inside Red Oak city limits

  • District boundaries are shown on the official zoning map adopted by reference in section 165.05; I did not open the map itself.
  • Districts listed: A-1 limited agricultural, R-1, R-2, R-3 residential, R-4 mobile home park, C-1 highway commercial, C-2 planned commercial, C-3 central business, M-1 limited industrial, M-2 general industrial.

  “the city is divided into districts which shall be designated as follows”

• Minimum dwelling sizeSpecified

  Single-family and two-family dwellings in the R-1 residential district inside Red Oak city

  • Minimum outside dimensions only; no minimum floor area was found in the R-1 text read.
  • Roof pitch 3 to 1, 12-inch overhang and permanent perimeter foundation also required.

  minimum outside width: >= 20 feet · minimum outside length: >= 20 feet

  “c. minimum outside dimensions of 20 feet in width by 20 feet in length.”

• Minimum lot sizeSpecified

  Dwellings and institutional uses in the A-1 limited agricultural district inside Red Oak city

  • Other uses in A-1 have no minimum.

  minimum lot area: >= 3 acres (dwellings and institutional uses; other uses no minimum) · minimum lot width: >= 200 feet (dwellings and institutional uses)

  “a. dwellings and institutional uses: area 3 acres width 200 feet”

  One more reviewed finding on this topic

  • Specified — Dwellings in the R-1 residential district inside Red Oak city (main single-family district)

    “a. dwellings: area 9,600 square feet width 80 feet b. other uses: no minimum.”

• SetbacksSpecified

  Principal buildings in the R-1 residential district inside Red Oak city

  • Setbacks apply to dwellings and other R-1 uses; section 165.10 item 6 sets them.
  • Height above 35 feet may increase yards (see building height claim).

  front yard: 30 feet · rear yard: 35 feet · side yard: 10 feet · street-side yard, corner lot: 25 feet

  “front 30 feet rear 35 feet side 10 feet street side, corner lot 25 feet”

  One more reviewed finding on this topic

  • Specified — Principal buildings in the A-1 limited agricultural district inside Red Oak city

    “front 40 feet rear 30 feet side 15 feet street side, corner lot 30 feet”

• Building heightSpecified

  Principal buildings in the A-1 limited agricultural district inside Red Oak city

  • May be increased to a maximum of 50 feet, provided the front and side yards are each increased one foot for every foot of height over 35 feet.

  maximum height: <= 35 feet (may increase to 50 feet with added yards) · maximum stories: <= 2.5 stories

  “maximum height in the a-1 district shall be two and onehalf stories or 35 feet.”

  One more reviewed finding on this topic

  • Specified — Principal buildings in the R-1 residential district inside Red Oak city

    “maximum height in the r-l district shall be two and onehalf stories or 35 feet. the height may be increased to a maximum of 50 feet, provided the front and side yards are each increased one foot for every foot of height over 35 feet.”

• Subdividing landRegulated (with conditions)

  Plats and re-plats of subdivisions in Red Oak city, and land adjacent to the city as the code states

  • Plats go to the Planning and Zoning Commission for recommendation before council approval.
  • Chapter 170 Subdivision Regulations exists in the code table of contents; its text was not opened.

  “all plans, plats, or re-plats of subdivisions or re-subdivisions of land in the city or adjacent thereto, laid out in lots or plats”

• Driveway accessLimited

  Improved parking surfaces in residential districts inside Red Oak city

  • Improved parking surface must be connected to a public street via an approved drive (text truncated in the excerpt I read).
  • This is a nuisance-parking rule in chapter 52, not a driveway permit.

  maximum share of front yard covered by improved parking surface: <= 50 percent (residential districts)

  “no improved parking surface shall cover more than 50 percent of the front yard in any residential district.”

• Permit processPartial

  Building permit applications inside Red Oak city

  • Application is made in writing to the city administrator with a detailed set of plans in duplicate.
  • Lapsed permits (155.04) and appeals (155.05) exist but were not read.

  “every application for a building permit shall be made to the city administrator in writing, and shall be accompanied by a detailed set of plans in duplicate”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Red Oak or Montgomery County directly.

• Owner-builder exemption — Owner-builder exemption for building permits inside Red Oak city
• Inspections — Building inspections for new construction inside Red Oak city
• Certificate of occupancy — Certificates of occupancy for new dwellings inside Red Oak city
• Lot coverage — Lot coverage limits inside Red Oak city
• Living in an RV — Occupancy of recreational vehicles on private land inside Red Oak 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.