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The front yard regulations shall apply to each street side of a corner lot and the Zoning Administrator shall designate the front yard on a corner lot. For corner lots platted or of record prior to March 19, 1959, the side yard regulations shall apply to the longer street side of the lot except in the case of reverse frontage where a corner lot fronts a different street than the lots to the rear of such corner lot. In this case, there shall be a side yard on the longer street side of the corner lot of not less than fifty percent of the front yard required on the lots to the rear of the corner lot, and no accessory building on said corner lot shall project beyond the setback line of the lots to the rear; provided this regulation shall not be so interpreted as to reduce the buildable width of the corner lot facing the intersecting street to less than 28 feet or prohibit the erection of an accessory building.
The front yard regulations shall apply to each street side of a through lot for the principal building or structure and the Zoning Administrator shall designate the front yard of a through lot which shall generally be the yard adjacent to the local street or the street with the lower classification designation. For through lots with a platted landscape or open space buffer or easement across the designated rear yard, accessory buildings shall be located outside any easements and visibility triangles and may be located adjacent to the edge of the buffer or easement opposite the street right-of-way. In zone districts where one and two-family homes are permitted as a use-by-right and the one and two-family lots are platted without a landscape or open space buffer or easement across the designated rear yard, setbacks for accessory buildings shall be outside any visibility triangles and easements and set back a minimum of three (3’) feet fromthe designated rear property line. For one-family and two-family residential lots there shall be no vehicular access to through lots from arterial streets. Buildings and structures for other than one-family and two-family residential lots shall conform to Section 192.02 Site Plan Requirements.
1. One-family and two-family residence districts and use areas. No accessory building in one-family and two-family residential zone districts and use areas shall be erected in any yard other than a rear yard, except as provided herein. All accessory buildings including garages shall be set back a minimum of three feet (3) from side and rear lot lines of adjoining lots in any residential zone district and use area and accessory buildings except for garages which front an alley shall be setback a minimum of five-feet from alley right-of-way lines. Garages which front an alley in any residential zone district or use area shall be set back either seven feet (7) or a minimum of 18-feet from the alley right-of-way. Accessory buildings and structures on corner lots shall conform to front yard setback regulations on both streets. (See Section 191.05.) Accessory buildings on one and two-family residential lots shall not occupy more than ten-percent (10%) of the total square footage of the lot. No single accessory building for one-family and two-family lots shall exceed 1010 square feet in size, and all conforming one-family and two-family residential lots shall be permitted up to 720 square feet of detached accessory building use.
2. Accessory buildings for all uses except one and two family uses by right shall be located in accordance with Section 192.02 Site Plan Requirements and be as shown on the approved site plan.
3. Accessory buildings shall not exceed the height for accessory buildings specified in the zoning district in which located and in residential zone districts and use areas shall not exceed the height of a one story principal building when measured from the ground to the peak of the roof.
4. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.
1. Maintenance of commercially and residentially zoned private lands, storm water basins, open space, and/or open space buffers and easements is the responsibility of the property owner or a homeowners’ and/or property owners’ association.
2. Developments which include common land not dedicated to the City and not held in single ownership shall have bylaws for a homeowners’ or property owners’ association fully defining the functions, responsibilities and operating procedures of the association. The bylaws shall include but not be limited to provisions which do the following:
A. Automatically extend membership in the association to all owners of dwelling or commercial units and/or land within the development;
B. Limit the uses of the common property to those permitted by the final development plan;
C. Define for each owner of a dwelling or commercial unit and/or land within the development their rights to the use and enjoyment of the common property and grant each owner said rights;
D. Place the responsibility for operation and maintenance of the common property in the association;
E. Define for every owner of a dwelling or commercial unit and/or land their voting rights in the association and grant said rights; and
F. If the development combines rental and for-sale dwelling and/or commercial units, state the relationship between the owners’ association and the renters, and the rights renters shall have to use the common land.
3. Developments with land held in common shall create and record with the Polk County Clerk and Recorder a covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that states the owner or owners of the land or their successors in interest will maintain in compliance with City ordinances all interior streets, parking areas, storm water basins and easements, open space buffers and easements, sidewalks, common land, parks and plantings which have not been dedicated to and accepted by the City.
1. Swimming pools shall be allowed as an accessory use in all zoning districts unless otherwise specifically prohibited in this Zoning Ordinance.
2. All swimming pools located in residential districts shall be located in the side or rear yard and shall be setback a minimum of four feet (4) from any property line.
3. All outdoor swimming pools shall be enclosed by a barrier to prevent unauthorized access by small children and to provide a degree of security. In the case of in-ground pools, this shall be accomplished using a fence or wall not less than four feet in height located not less than four feet from each side of such pool. In the case of aboveground pools, a combination of fence or wall and the water-enclosing wall of the swimming pool may be used, provided that the pool is reasonably secure and the effective enclosure height is not less than four feet. For all swimming pools, any opening to the swimming pool shall be equipped with a self-closing and self-latching device with locking provisions for keeping the gate or door securely closed at all times when not in actual use.
No yard or lot existing at the time of passage of the Zoning Ordinance shall be reduced in dimension or area below the minimum required by this Zoning Ordinance. No part of a yard or other open space, or off-street parking or loading space, provided about any building, structure or use for the purpose of complying with the provisions of this Zoning Ordinance, shall be included as part of a yard, open space or off-street parking or loading space for another building, structure or use. Off-street parking and loading areas may occupy part of any required yard, subject to the provisions of Section 194.01.
The building height limitations of this Zoning Ordinance shall be modified as follows:
1. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio, cellular communication, or television towers, or necessary mechanical appurtenances may be erected to a height allowed in the zone district in which the structure is located and shall meet all height requirements stated in the adopted ordinances of the City.
2. Public, semipublic or private service buildings, hospitals, sanatoriums, schools, business colleges and related structures, and churches and temples, when permitted in a district, may be erected to a height not exceeding 125 feet, if the building is set back from each property line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
3. Single-family dwellings and two-family dwellings in the residence districts may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided, but they shall not exceed three stories in height.
Nothing contained in this Zoning Ordinance shall require any change in the overall layout, plans, construction, size or designated use of any building or part thereof, for which approvals and required building permits have been granted before the enactment of the Zoning Ordinance, the construction of which in conformance with such plans has been started prior to the effective date of the Zoning Ordinance, and completion thereof has been carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control.
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