Loading...
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.
Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in its respective zoning classification and, for the purpose of applying the regulations of this Zoning Ordinance, each portion shall be considered as if in separate and different ownership.
1. Permit Required. No person shall erect, alter or relocate any fence, wall, or other vision barrier without first obtaining a building permit, the fee for which shall be established by resolution of the City Council.
2. Residential fences shall be permitted in any yard in residential zoning districts or residential use areas. Front and side yards adjacent to a street in residential zone districts shall be considered front yards and fences in front yards shall not exceed 48 inches in height if chain link and 42 inches in height for all other fence materials. On corner lots fences that exceed 48 inches in height if open chain link and 42 inches in height for all other fence materials shall conform to principal building setback requirements. (See Section 191.05 – Corner Lots.) In side and rear yards, opaque and/or solid fences or walls shall not exceed six-feet in height, but fences may extend to eight-feet in height if the portion of fence higher than six feet is constructed with 70% of the surface area open. Fences in the designated rear yard of a though lot shall be located no closer to the street right-of-way than the far edge from the street right-of-way of the landscape or open space buffer or easement. No setback is required from the street-right-of-way for fences six-feet and under in height in the designated rear yard of through lots when there is no landscape or open space buffer or easement. Residential fences taller than six feet in the designated rear yard of a through lot with no landscape or open space buffer or easement shall have a minimum setback of five feet from the property line. (See Section 191.06 – Through Lots.) All fences shall adhere to the requirements for visibility at intersections. (See Section 191.15.)
3. Fences shall be permitted in any yard in commercial and industrial zoning districts except that fences or walls shall not in any case exceed eight feet in height in side and rear yards. Fences in yards adjacent to street right-of-way lines on corner and interior lots shall be at the height and location shown on the approved site plan. Fences in the designated rear yard of a through lot shall be located no closer to the street right-of-way than the far edge from the street right-of-way of a landscape or open space buffer or easement or, when there is no buffer or easement, shall be at the height and location shown on the approved site plan. All fences shall adhere to the requirements for visibility at intersections. (See Section 191.15.)
4. No hedge, landscape planting or other vegetation shall be permitted in any district which impedes vision greater than fifty percent of an imaginary plane, perpendicular to the street, extending the full depth of the front yard and vertically from a height of 42 inches to ten feet.
5. Fences of any height shall be permitted in connection with any agricultural use, provided that the requirements of traffic visibility at intersections are observed.
6. Nothing in this section shall be deemed to apply to public tennis courts, public pools, public baseball fields, and any other public recreational use facility accessible to the public, except where traffic visibility is impaired.
The total land area devoted to open space, exclusive of one-family and two-family lots, shall not be less than twenty percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped areas, interior or exterior malls, pedestrian walks, and ornamental structures, when part of the landscaping theme. Open space shall not include structures or buildings, off-street parking areas, loading areas and access drives. Trees and shrubbery shall be provided at a minimum of one landscape unit per 3,000 square feet of required open space with one landscape unit consisting of two trees and six shrubs or three trees and three shrubs. There shall be a minimum of one landscape unit per building lot. Landscape units are in addition to screen plantings.
Loading...