1. Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Planning Commission and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter.
2. Structures to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or public open space, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
3. Erection of More Than One Principal Structure on a Lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
4. Accessory Buildings. No accessory building may be erected in any required front yard. No separate accessory building shall be closer than 6 feet to the rear or side lot line. Accessory buildings located in the rear yard may not occupy more than 35 percent of the rear yard and the aggregate of all accessory buildings shall not exceed 900 square feet. No accessory building shall be used without occupancy of the principal building, and no accessory building shall exceed 18 feet in height.
5. Fences. No fence or hedge more than 30 percent solid or more than three feet high may be located within 40 feet of a street intersection. Fences or hedges less than four feet high may be located on any remaining part of a lot. Fences or hedges less than six feet high may be erected on those parts of a lot that are as far back or further back from a street than the main building. Higher fences may be allowed by special exception only.
6. Height Limits. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances are exempt from height regulations in Sections 165.26 through 165.35.
7. Projections into Required Yards. Sills, belt courses, cornices, and ornamental features may project only two feet into a required yard.
8. Fire Escapes and Balconies. Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than 3½ feet, when so placed as not to obstruct light and ventilation, may be permitted by the Zoning/Building Administrator.
9. Porches. Open, unenclosed porches may extend 10 feet into a front yard.
10. Terraces. Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are distant at least two feet from the adjacent side lot line.
11. Utility Service Lines. Nothing in this chapter shall have the effect of prohibiting utility service lines.
12. Yards and Visibility. On a corner lot in any district, except the BC District, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines forty feet from the point of the intersection. (See Diagram on following page).
13. Rear Yards. The required rear yard may be reduced by up to 20% of the depth of the lot on any lot not exceeding 100 feet in depth by special exception of the Board of Adjustment.
14. Swimming Pools. Private swimming pools shall be allowed only in rear yards and shall not be allowed in front or side yards.
15. Propane Tanks. Propane tanks shall be located in compliance with State of Iowa requirements and regulations.
16. Conversion to Real Property. A mobile home, modular home or manufactured home which is located outside a mobile home park shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes except in the following cases:
A. Dealer’s Stock. Mobile, modular or manufactured homes on private property as part of a dealer’s or a manufacturer’s stock not used as a place for human habitation.
B. Existing Homes. A taxable mobile home, manufactured home or modular home which is located outside of a mobile home park as of July 1, 1994, shall be assessed and taxed as real estate, but is exempt from the permanent foundation requirement of this chapter until the home is relocated.
17. Prohibited Signs and Nonconforming Signs.
A. The following signs are expressly prohibited in all zoning districts, except as otherwise provided by this chapter:
(1) Abandoned Signs. Such business signs that advertise an activity, business, product or service no longer conducted or available on the premises on which the sign is located shall be prohibited, and such abandoned signs shall be removed within sixty (60) days of the date of abandonment. This requirement is not intended to prohibit off-premises signs erected in compliance with this chapter.
DIAGRAM
Corner Lots – Yards and Visibility
(2) Signs in a State of Disrepair. Any sign which is otherwise in compliance with this subsection, but has faded, has letters or numbers missing, is in need of paint, has a portion of the sign missing, or is otherwise in need of maintenance shall also be in violation of this subsection and must be removed or repaired within sixty (60) days of the date of receiving a notice to repair.
(3) Signs Near Overhead Line. All signs must comply with the National Electric Safety Code, Part 2, Table 234-1, and any amendments thereto. Failure to comply with said Code is a violation of this subsection. In addition to any sanctions imposed by this Code of Ordinances, the sign must be removed within sixty (60) days of the date of receiving a notice to remove.
B. Every sign or other advertising structure in existence on the effective date of the ordinance codified by this subsection which does not conform to the provisions of this subsection, shall be termed a nonconforming sign and shall be removed, altered or replaced so as to conform to the provisions of this subsection in accordance with the following:
(1) Signs that are abandoned as described in subparagraph (1) of paragraph A of this subsection shall be removed, altered or replaced within 60 days of the effective date of the ordinance codified by this subsection.
(2) Signs that are in a state of disrepair as described in subparagraph (2) of paragraph A of this subsection shall be removed, altered or replaced within 60 days of the effective date of this subsection.
(3) Signs which are in violation of the National Electric Safety Code, Part 2, Table 234-1, as described in subparagraph 3 of paragraph A of this subsection shall be removed, altered or replaced within 60 days of the effective date of the ordinance codified by this subsection.
18. Zero Lot Line Criteria. Utilization of the zero lot line regulations requires the approval of the entire subdivision in which a zero lot line unit is proposed. Such subdivisions shall be limited to generally undeveloped areas and shall be approved by the Zoning Administrator. Approval of a subdivision for zero lot line regulations shall be designated by the symbol ZL following the subdivision name on the district map. A two-family or multiple family dwelling which utilizes zero lot line regulations may be built when all of the following conditions have been met:
A. Each dwelling unit is attached on one side (in the case of two-family dwellings or end units of a multiple family dwellings), or two sides (in the case of interior units of multiple family dwellings), to the other dwelling unit(s). The side property line divides each dwelling unit.
B. The applicant provides to the Zoning Administrator and records in the office of the County Recorder, acceptable covenant and deed restrictions on all properties which are proposed for zero lot line designation. The restrictions include the following:
(1) Provision for access to the abutting property for the adjacent property owner and/or the owner’s representative for the purpose of construction, reconstruction, repair, and maintenance of the side which will abut the common lot line.
(2) Provision for necessary easement encroachments for footings, eaves, and special structures, and provides for perpetual easements in the event of an encroachment by the party wall.
(3) Provision that the City is a third party to the approval and subsequent changes to any covenants and deed restrictions, but is not a third party in enforcement of said covenants and deed restrictions.
(4) Provision for restrictions to limit changes of color, material and design of the dwelling so as to be compatible with the attached unit.