1. General Provision. Any building, structure or use hereafter erected, altered, or established, shall comply with the general yard space requirements of the district within which it is located, except as specified herein.
2. Location of Required Yard. The required yard space for any building, structure or use shall be contained on the same lot as the building, structure or use and such required yard space shall be entirely upon land in a district in which the principal use is permitted.
3. Reduction or Sharing of Required Yards or Space Prohibited. No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required for this chapter. No part of a yard, court, parking area, or other space provided for any building or structure to comply with the provisions of this Code shall be included as part of a yard, court, parking area or other spaces required under this chapter for another building or structure.
4. Required Yards For Existing Buildings. No yards, now or hereafter provided, for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than the minimum yard requirements of this chapter for equivalent new construction.
5. Required Yards on Major Streets.
A. Major Streets. All applicable building setbacks and yard requirements set forth in this chapter shall be measured and determined from the existing street right-of-way.
B. Private Streets. All applicable building setbacks and yard requirements along private streets shall be measured from the nearest line of the access easement.
6. Transitional Yards.
A. When a lot within an R-7, or any C and I Zone District adjoins an A or R District then a transitional yard shall be required. The required yard depth shall be either that required for the R-7, C or I District or that required for the adjoining A or R District, whichever is greater, and shall be provided along the adjoining A or R lot line.
B. In addition, unless separated by a street, public alley or by an intervening lot, no nonresidential structure within an R-7, or any C or I Zone District shall be located less than 100 feet from an A or R District unless said structure is effectively screened from the A or R District. Said screening shall consist of a wall, solid or opaque fence or appropriate plant materials that are between 5.5 and 6 feet in height, subject, however, to the regulations in Sections 165.21(8), 165.23(8) and 165.47(5)(B) herein. If plant materials are used for said screening they may exceed 6 feet in height at maturity, shall be a minimum of three feet in height immediately after planting and pruning, shall be composed of plants approved for such use by the City, and shall be installed in a manner to assure effective year-round visual screening. All walls, fences or plant material screens shall be maintained in such a manner to assure a continuing year-round effective visual screen and cause no adverse impact to adjoining properties due to lack of proper maintenance. Berming may be used in conjunction with fencing or plantings to provide the required screen, however, no side slope shall be steeper than 4 to 1, unless approved by the City Engineer. When the structure is effectively screened, the minimum yard separation requirements shall be specified in Subsection A above.
7. Front Yards For Double Frontage Lots. Double frontage lots shall provide front yards on both street frontages. Front yard requirements and restrictions included in the district regulations within which the lot is located shall apply on both frontages, with the exception that in the portion of the lot normally considered to be the rear yard the construction of a fence may be permitted in the same manner as would be allowed on any other similar standard lot. This exception shall, however, be subject to the requirements of Section 165.21(8) Corner Visual Clearance Required and also subject to Section 165.23(8) Fence or Wall.
8. Permitted Encroachments in Required Yards. Under the terms of this Code a required yard shall be open, unoccupied, and unobstructed from grade to sky except for permitted encroachments. The following identify such permitted encroachments and in which yards they are permitted along with limitations imposed thereon:
A. In All Required Yards.
(1) Open deck not over 8 feet in width or depth, but not including a permanently roofed-over deck.
(2) Steps or ramp which are necessary to provide access to the first floor of lawful building or for access to a lot from a street or alley.
(3) The following appurtenances shall encroach no more than two feet into the required yard, as measured from the building, except when the required yard is nine feet or more in depth they shall encroach no more than three feet.
a. Chimney or fireplace, when no more than six feet in width.
b. Air conditioner.
c. Architectural features such as sills, eaves, and cornices.
d. Gutters and down spouts.
e. Awnings and canopies except as provided for in Section 165.23(9)(D)(5).
f. Bay windows.
g. Unenclosed porches, stairs and fire escapes. For open decks, see subparagraph A(1) of this subsection.
h. Solar energy collectors and heat storage units of up to 200 square feet of collector surface area.
i. Any combination of the above listed appurtenances.
(4) Landscaping, vegetation, arbors, trellises, flagpoles and the like, shall be allowed in all yards subject, however, to the restrictions imposed in Section 165.21(8) of this Code, Corner Visual Clearance Area Required.
B. In Rear Yards. Customary play equipment, clothes lines and poles, and underground shelters, outside elements of central air conditioners projecting no more than six feet into the required yard but in no case within less than eight feet of an adjacent lot line.
C. Solar Energy Collectors. A solar energy collector and heat storage unit to supply the building to which it is appurtenant shall be considered an accessory building and be so regulated.
D. Fences. A non-opaque fence as defined in Section 165.96, shall not exceed a height of 10 feet above ground level when erected in a required yard or along a lot line.
EXCEPTION: In or abutting A or R Districts the height of such fence erected in a required yard or along a property line:
(1) Shall not exceed six feet when located in the rear or side yard.
(2) Shall not exceed four feet when located in the front yard.
E. Vision Barriers. An opaque fence as defined in 165.96, wall, dense shrubs or combination thereof shall not exceed a height of 10 feet above ground level when erected in a required yard or along a lot line with the following exceptions:
(1) A and R Districts: In or abutting A or R Districts the height of such vision barrier erected in a required yard or along a property line;
a. Shall not exceed six feet when located in the rear or side yard.
b. Shall not exceed two and one-half feet when in the front yard.
c. Shall not exceed two and one-half feet when located in a required corner side yard that is in the front yard or side yard.
(2) All Districts: Such visual barrier shall not exceed two and one-half feet in height when placed in the following locations:
a. When located in a required front yard;
b. When located within twelve and one-half feet of the rear lot line on a double frontage lot if the abutting right-of-way is less than 100 feet and is across from the front yard of a residential property.
c. When such visual barrier is located within the rear 20 feet of a lot which abuts an adjacent lot and is within 20 feet of an existing or potential driveway in the adjacent lot, a Visual Clearance Area shall be provided. Such Visual Clearance Area shall be triangular in shape and described as follows: beginning at the point of intersection of the corner side lot line (property) with the rear lot line (property line) and extending 30 feet along each lot line. The end points shall be connected by a straight line. Within said triangular area nothing shall be erected, placed, planted or allowed to grow in such a manner as to significantly impede vision between a height of two and one-half and 10 feet above the adjacent center line street grade.
(3) Any fence, wall, dense shrub, or combination thereof, legally established or constructed prior to the adoption of this section and not complying with all requirements of this section as amended, shall be classified as legally nonconforming.
(4) Electric fences and barbed wire are restricted in accordance with Chapter 41 of the Hiawatha Code of Ordinances.
F. Additional Provisions. Additional provisions for permitted yard encroachments of accessory uses and structures are provided in Section 165.23(9) of this Code, Accessory Uses and Structures.
9. 9. Accessory Uses and Structures. This section supplements the regulations contained in this Code as they apply to accessory uses and structures, except for accessory signs which are governed by the provisions of Section 165.15(2), Figure I and Chapter 166 of this Code.
A. Time of Construction. No accessory structure or use shall be constructed or established more than one hundred and twenty days (120) prior to the time of completion of the construction or establishment of the principal structure or use to which it is necessary.
B. Use as a Dwelling Restricted. No accessory structure shall be used for living, sleeping, or housekeeping purposes.
(Subsections A and B - Ord. 959 - Nov. 21 Supp.)
C. Temporary Accessory Structures. Temporary accessory structures shall be permitted in all zones except residential zones in accordance with this section.
(1) Shall require a building permit. The fee shall be in accordance with Council resolution.
(2) Shall comply with all codes applicable to the specific use.
(3) Shall comply with the setback requirements of the principal structure for the zone in which it is located.
(4) Shall be of membrane or tent construction.
(5) Shall remain no longer than three continuous months.
D. Parking and Storage Restrictions.
(1) General Parking Regulations. All access ways and driveways to parking and storage areas, pads and parking areas shall be surfaced and maintained with asphaltic concrete, brick, asphaltic macadam or similar method to be approved by the City Engineer unless otherwise noted as specific exceptions. All accessory parking shall comply with Section 165.30 through 165.36. Additionally, no vehicle parked in any required yard shall obstruct a public sidewalk. If no public sidewalk exists, then no such vehicle shall be parked closer than five feet to the street right-of-way. No vehicle, machine or equipment shall be parked within the corner visual clearance area as described in Section 165.21(8). No such vehicles or equipment shall be used for living, sleeping, or housekeeping purposes while so parked or stored.
(2) Front Yards. Vehicular parking and vehicular storage shall not be permitted in any required front yard other than in C and I Districts, except that in the Agriculture and Single Family Residential Districts and on lots being used for a single-family or a two-family dwelling passenger motor vehicles may be parked upon a driveway located within a required front yard. In addition, no more than one recreational vehicle may be parked within a required front yard and only if in operable condition and if parked upon a hard surfaced driveway. The driveway shall be considered to be that designated area to provide access from the street to a parking area, an attached or basement garage, carport or detached garage. A driveway or hard surfaced pad may extend no more than ten feet in width into that part of the required front yard which is located between and in a direct line from the street and the principal structure. For the purposes of this section the principal structure will exclude an attached or basement garage.
(3) Side Yards. Vehicular parking or vehicular storage may be permitted in a side yard in any district.
(4) Rear Yards. Vehicular parking or vehicular storage shall be permitted in a rear yard in any district. No more than a combination of two passenger motor vehicles, recreational vehicles or light duty machine or equipment, or similar vehicles and equipment shall be parked or stored in the rear yard in the Agriculture, R-1, R-3 and R-5 Residential Districts unless effectively screened on each side adjoining a street or property situated in a residence district by screening as required in Section 165.23(6)(B) and the parking surface defined in 165.23(9)(D)(1) shall not be required.
(5) Trucks, Commercial Vehicles, and Heavy Machines and Equipment. No trucks with a net legal carrying capacity exceeding one and one-half tons; commercial vehicles and heavy machines and equipment shall be parked or stored upon any lot or tract of land in an R District except if such vehicles, equipment, and machinery are in temporary usage to actively accomplish permitted temporary activities on the premises such as construction, repair, moving, and other similar activities. In such cases they shall, upon completion of said activity, be removed from the lot or tract of land. Commercial vehicles and heavy equipment and machines parking in I Zoning Districts shall be on rock, gravel, dust free surface approved by the City Engineer or on a hard surface as described in Section 165.23(9)(D)(1).
(6) Miscellaneous Parking and Storage. No person shall park, keep or store, or permit the parking or storage of an inoperable vehicle, vehicle component parts, or miscellaneous junk and debris on any public or private property, in any zoning district, unless it shall be in a completely enclosed building. This regulation shall not apply to legitimate businesses operating in a lawful place and manner, in accordance with the zoning regulations, provided, however, that any outside areas used for parking and storage shall be screened from public view in accordance with Section 165.23(6)(B) if required by the regulations of the zoning district within which they are located. The parking surface for this type of use shall be rock, gravel, a dust free surface approved by the City Engineer or a hard surface as described in Section 165.23(9)(D)(1).
(7) Outside Storage. Where outside storage is permitted in Section 165.16 it shall comply with this section. Outside storage shall not be permitted in any required yard. Outside storage shall not be permitted in any front yard in a Residential District. All outside storage shall be effectively screened with landscaping and building elements or opaque fences or walls as specified in 165.23(6)(B), from the right of way and from off-site views.
EXCEPTION: Screening is not required on property lines adjacent to lots zoned as 1-2.
Screening shall comply with specific requirements for the Zoning District in which the storage occurs. Access to outside storage shall be hard surfaced as described in Section 165.23(9)(D)(1) and screened if in view of the right of way. Outside storage surfaces shall be hard surfaces as described in Section 165.23(9)(D)(1) except storage areas in Industrial Zoning Districts shall be on rock, gravel, or a dust free surface approved by the City Engineer or on a hard surface as described in Section 165.23(9)(D)(1). Storage containers shall be considered as outside storage and shall comply with this section and the following.
a. Commercial storage containers shall not be stacked.
b. Commercial storage containers shall be allowed only in C-4, C-WH, I-1 and I-2 zones.
(8) Outdoor Displays Areas. The outdoor display of motor vehicles, machines, equipment and merchandise held for sale or rental is permitted only in Commercial and Industrial Districts where such display is incidental to a Permitted or Conditional Use legally existing thereon and is subject to the following:
a. Outdoor display areas are in addition to and exclusive to required parking and driveway areas.
b. Outdoor display areas shall not be located on a right-of-way.
c. Outdoor display areas shall not be located in a detention basin or drainage area.
d. Outdoor display areas shall be properly maintained to prevent any unsightly appearance, weeds and erosion.
e. Outdoor displays located on a hard surface as described in Section 165.23(9)(D)(1) may remain in place during on and off business hours.
f. Outdoor displays not located on a hard surface as described in Section 165.23(9)(D)(1) shall only be permitted during the business hours of the business to which the display is incidental.
g. Outdoor displays shall cover no more than 10% of the landscape area of the yard in which the display area is located.
h. Properties legally not in compliance with this Section 165.23(9)(D)(8) shall have three years from the date of enactment (May 16, 2015) in which to comply with the outdoor display area hard surface regulations.
E. Bulk Regulations For Accessory Structures and Buildings.
(1) Attached Buildings and Structures. Attached accessory buildings and structures shall meet all the requirements of this chapter which apply to the principal structure to which they are attached, except as modified in Section 165.23(8) of this Code, Permitted Encroachment in Required Yards.
(2) Detached Buildings and Residential or Commercial Satellite Antenna Dish. Detached accessory buildings or satellite antenna dishes including all directional movements from extremes, except for satellite dishes with less than seven square feet of area within the perimeter of the rim of the satellite dish, shall:
a. Not be closer than 10 feet to a principal building on the same lot. Distances between such buildings shall be measured horizontally between the closest building walls.
b. Not be closer than three feet to any lot line.
c. Not exceed the height limit for the principal building to which it is accessory.
d. Not be located in a required front yard.
e. If located partially or completely in a required rear yard, not to exceed 15 feet in height nor occupy more than 40 percent of the required yard.
f. Not to exceed 15 feet in height nor occupy more than 40 percent of the non-required side yard and shall meet the minimum side yard requirements established for the principal building to which it is accessory unless it is located totally outside of the area of a required side yard. In such case the accessory building may be located within three feet of the side lot line.
g. Be set back from any adjacent street in accord with the minimum distance required for a principal building on the same lot.
h. If accessory to a one or two family dwellings also be limited to a cumulative total area not to exceed: (i) 1,000 square feet for lots less than 10,000 square feet; (ii) 10 percent of the lot area for lots greater than 10,000 square feet; and (iii) 3,000 square feet for lots over 30,000 square feet.
i. For temporary accessory structures, see Section 165.23(9)(C).
(3) On a Reversed Corner Lot. On a reversed corner lot in a residence district, and within 15 feet of any adjacent property to the rear in a residence district, no detached accessory building or portion thereof located in a required rear yard, shall be closer to the side lot line abutting the street than a distance equal to the least depth which would be required under this chapter for the front yard on such adjacent property to the rear. Further, in the above instance, all such accessory buildings shall meet the minimum side yard requirements of such adjacent property which coincides with the side lot line or portion thereof of property in any residence district.
(4) Dispensing Devices. Filling station fuel pumps, air, drink, ice, and food dispensing devices located in districts where allowed, and with a height not exceeding six feet, shall be exempt from the established front yard or corner side yard requirements, but on a corner lot, all such dispensing devices shall be subject to the restrictions provided in Section 165.21(8) of this Code, Corner Visual Clearance Area Required.
(5) Awnings and Canopies. Awnings and canopies that provide shelter for fuel pumps may encroach into required yards no closer than three feet from the lot line, but on a corner lot all such awnings and canopies shall be subject to the restrictions provided in Section 165.21(8) of this Code, Corner Visual Clearance Area Required.
F. Accessory Commercial Service Uses Permitted in R-7 District.
(1) Uses Permitted. A coffee shop, snack bar, gift shop, tea room, cafeteria, newsstand, barber shop, pharmacy or beauty shop may be established as an accessory use within a principal building in an R-7 District wherein the principal use is for multiple dwelling, dormitory, apartment, hotel, hospital or nursing home provided such building, or related complex of buildings for which it is a part, contains the following minimum units:
a. Multiple dwelling or apartment hotel: 50 apartments.
b. Dormitory: 50 rooms.
c. Hospital or nursing home: 50 patient rooms.
(2) Limited to Convenience of Occupants. Such accessory uses shall be primarily for the convenience of and for service to the patients, residents, guests or employees occupying the building. No off premise advertising of any kind shall be allowed in connection with such an accessory use, except that the facility may be listed by name in the City telephone directory, if served by a separate telephone or telephones.
(3) Signs Limited. No exterior signs shall be placed on the premises indicating to the general public that a portion of the premises is being used for an accessory use. Interior directional signs may be permitted to designate the location of that portion of the premises at which such an accessory use is located.
G. Accessory Child Day Care Facilities. Child day care facilities, including nursery and preschool, shall be permitted as an accessory use in churches and public or private institutional buildings, subject to compliance with the City Building Codes and other applicable State, County, and City regulations.