Zoning, building permits and septic rules in Portsmouth, Iowa

Portsmouth’s own rules

• Building permitRequired

  Accessory buildings and structures on private land inside Portsmouth city limits (chapter 12); general permit rule for new dwellings not established

  • Applies to accessory buildings and structures; the permit rule for principal dwellings (chapter 13, Building Permits) was not read.
  • Construction may proceed once the permit is issued.

  “a building permit must be issued prior to construction of any accessory building or structure”

• Building code adoptedAdopted (with conditions)

  Construction inside Portsmouth city limits under city chapter 15 (building code)

  • The adopted edition named in the book is the Uniform Building Code 2000 edition; the book does not say whether a newer edition has been adopted since.
  • Chapter 15 says the code may be amended by resolution, so the current text may differ from the 2021 book.

  “the building code adopted is "uniform building code 2000 edition, issued by the international conference of building officials"”

• Local zoningPresent (with conditions)

  Land inside Portsmouth city limits: the city's restricted residence district ordinance (book chapter 10, sections 6-10-1 to 6-10-12)

  • Ordinance text states the district is for residences and other listed structures; other uses need a special permit under 6-10-7 and 6-10-8.
  • The text reviewed does not include a zoning map; which parcels fall inside the restricted district was not established.
  • Chapter 12 (accessory buildings) refers to 'the zoning ordinance for property setbacks', so a separate zoning ordinance may exist; it was not located on the city site.

  “the purpose of this ordinance is to establish a restricted residence district in the city of portsmouth, iowa, and to provide reasonable rules and regulations for the erection, reconstruction, altering, and repairing of buildings of all kinds”

• Zoning districtsPartial

  Zoning districts of Portsmouth city (only the restricted residence district is described in the ordinance book reviewed)

  • No zoning map or district schedule located on the city site.
  • Chapter 12 refers to a separate zoning ordinance for setbacks, not located.

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

• Minimum lot sizeSpecified

  Buildings used for residential purposes inside the restricted residence district of Portsmouth city (book chapter 10, section 6-10-6)

  • Only district identified in the ordinance text reviewed; no agricultural or rural-residential district was found in the book.
  • Section 6-10-7 allows a special permit to deviate from the lot size and setback requirements when a substantial hardship is shown.
  • Lots outside the restricted residence district are not covered by this text.

  minimum lot area for residential buildings: >= 6000 square feet (special permit deviation under 6-10-7 for substantial hardship)

  “all buildings to be used for residential purposes shall be placed on lots of no less than 6,000 square feet.”

• SetbacksSpecified

  Residential buildings and residential accessory use buildings on a lot in the restricted residence district of Portsmouth city; front setback (book chapter 10, section 6-10-6)

  • Front setback is measured against the nearest adjacent existing building on the same street frontage, subject to a 20-foot minimum and a 30-foot maximum from the front line.
  • Section 6-10-7 allows a special permit to deviate from setback requirements on substantial hardship.
  • Side and rear setbacks for principal buildings were not found in the text reviewed.

  minimum front setback for new construction: >= 20 feet (nearest existing adjacent building rule applies) · maximum required front setback: <= 30 feet (from the front line)

  “no residential building or residential accessory use building shall be erected hereafter on a lot closer to the street property line on which it fronts than the set back of the nearest adjacent existing building except that no new construction shall be made closer than twenty feet, nor shall any construction be required to be built with its front further than thirty (30) feet from said front line.”

  One more reviewed finding on this topic

  • Specified — Accessory buildings and structures other than a private garage inside Portsmouth city limits (book chapter 12)

    “no part of the structure shall be closer than five (5) feet from the principal structure or property line, or as set forth in the zoning ordinance for property setbacks.”

• Lot coverageSpecified

  Accessory buildings and structures inside Portsmouth city limits, measured against the required rear yard (book chapter 12)

  • Only accessory structures are covered; no principal-building lot coverage percentage was found.
  • A private garage may occupy up to 50 percent of the required rear yard, but no more than 30 percent of the rear yard may be occupied by garage, accessory building or structure combined.

  accessory structure share of required rear yard: < 30 percent (private garage may occupy up to 50 percent of required rear yard)

  “the structure shall occupy less than 30 percent of the required rear yard, except for a private garage, which may occupy up to 50 percent of the required rear yard.”

• Building heightSpecified

  Accessory buildings and structures other than a private garage inside Portsmouth city limits (book chapter 12)

  • Limit is for sidewalls only; overall height limit not found.
  • Private garage or accessory structure may not be taller than the principal structure (rule 4 of chapter 12).
  • Principal-building height limit not found in the text reviewed.

  accessory building sidewall height limit: <= 12 feet (private garage excluded from this limit)

  “accessory buildings and structures, other than a private garage, shall be limited to twelve (12) feet in height for sidewalls”

• Manufactured homesLimited

  Mobile, manufactured and modular homes located outside a mobile home park inside Portsmouth city limits (book chapter 6-1)

  • Homes outside a park must comply with residential ordinances and be affixed to a permanent perimeter foundation unless incompatible with the structural design of the home; homes already in place when the ordinance took effect are exempt from the foundation requirement.
  • Outside-park location is allowed by special permit from the city council for a limited time: special permits are not granted for more than one year, and may be reapplied for after expiration.
  • Chapter 6-1 cites Iowa Code 435.26 for the foundation requirement.

  special permit maximum duration: <= 1 year (reapplication allowed after expiration)

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

• Subdividing landRegulated (with conditions)

  Land divided into subdivisions inside Portsmouth city limits (book chapter 7, subdivision regulations)

  • Subdivision procedure includes preliminary plat referral to the city engineer; other plat requirements and approval steps were not fully read.
  • Section 6-7-19 and related approval steps in chapter 7.

  “the city clerk shall forthwith refer two (2) copies of the preliminary plat to the city engineer”

• Permit feesPublished (with conditions)

  Building permit fees charged by the City of Portsmouth, Iowa

  • Table on the city ordinances page continues: $20.00 at $500-$999.99, up to $800.00 at $2,000,000-$2,999,999.99, plus an extra $100.00 for each additional $1 million of construction cost.
  • The page is undated; no effective date was stated for the fee table.
  • Fee table is on the city website; the adopting ordinance was not located.

  building permit fee for construction cost of $0 to $499.99: 15 USD (higher tiers apply above $499.99 construction cost)

  “building permits: 0-499.99 $15.00 500 - 999.99 $20.00”

Still unanswered

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

• Owner-builder exemption — Owner-builder permit exemption inside Portsmouth city limits
• Inspections — Building inspections inside Portsmouth city limits
• Certificate of occupancy — Certificate of occupancy for new homes inside Portsmouth city limits
• Minimum dwelling size — Minimum floor area for a dwelling inside Portsmouth city limits
• Living in an RV — Occupancy of recreational vehicles on private land inside Portsmouth city limits

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.