The supplemental site development regulations establish basic requirements for developable lots, including frontage requirements that recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this chapter and provide for specific areas of exception.
1. Required Street Frontage. Except as permitted below, any lot used in whole or part for residential purposes shall provide a minimum frontage of twenty feet (20') along at least one public street, or shall possess an exclusive, uninterrupted private easement of access or right-of-way of at least twenty feet (20') wide to a public street. There shall not be more than one single-family housing unit for such frontage or easement. A common easement of access at least sixty feet (60') in width may be provided for two or more single-family units or for one or more duplex, two-family, townhouse or multiple-family housing units.
2. Lot Size Exceptions and Setbacks. The following are exceptions and modifications to regulations concerning lot and yard requirements:
A. Use of Existing Lots of Record. In any district where dwellings are permitted, a single-family dwelling or two-family dwelling may be located on any lot or plot of official record as of September 29, 1976, irrespective of its area, or width; provided that the provisions of subparagraphs (1), (2) and (3) of this paragraph shall apply to single-family dwellings and two-family dwellings only.
(1) The sum of the side yard widths of any such lot or plot shall not be less than twenty percent (20%) of the width of the lot, but in no case less than ten percent (10%) of the width of the lot for any one side yard.
(2) The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case less than twenty feet (20').
(3) In the event that application of any of the requirements of subparagraphs (1) or (2) to a particular lot would impose a greater setback than required under the regulations of the district in which the lot is located, then the lesser setback requirements of the district shall control. In the event that two or more such lots with continuous frontage are combined under single ownership, then such combined lots shall be treated as a single lot for purposes of applying the requirements of foregoing subparagraphs.
B. Front Yard. In all residential districts there shall be a minimum front yard required as stated in the bulk regulations for that particular district; provided, however, that where lots comprising thirty percent (30%) or more of the frontage within two hundred feet (200') of either side lot line are developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. The required front yard as computed herein need not exceed sixty feet (60') in any case.
C. Double Frontage on Huber and Oskaloosa Streets. In commercial districts where lots have frontage on both Huber Street and Oskaloosa Street, there shall be a minimum front yard required as stated in the bulk regulations for that particular district except for the following: Where lots comprising thirty percent (30%) or more of the Oskaloosa Street frontage within two hundred feet (200') of either side lot line are developed with buildings at a lesser setback on Oskaloosa Street than normally required, the front yard requirements shall be the average of these building setbacks or 15 feet, whichever is less. This exception shall only apply to the Oskaloosa Street minimum front yard frontage requirement.
D. Corner Yard or Lots. For corner lots, platted or of record after the effective date hereof, the front yard regulation shall apply to each street side of the corner lot. On corner lots platted or of record as of September 29, 1976, the side yard regulations shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersecting street. In this case, there shall be a side yard on the longer street side of the corner lot of not less than fifty percent (50%) of the front yard required on the lots to the rear of such corner lot, and no accessory building on said corner lot shall project beyond the setback line of the lots in the rear; provided further that this regulation shall not be interpreted to reduce the buildable width of the corner lot facing an intersecting street and of record or as shown by existing contract of purchase as of the effective date of this Zoning Ordinance, to less than twenty-eight feet (28') or to prohibit the erection of an accessory building.
E. Double Frontage Lots. Buildings on through lots extending through from street to street shall provide the required front yard on both streets.
F. Required Yard Cannot Be Reduced. No yard or lot existing at the time of passage of this Zoning Ordinance shall be reduced in dimension or area below the minimum required by this chapter. 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 chapter shall be included as part of a yard, open space, or off-street parking or loading space required under this chapter for another building, structure or use.
G. Mixed Use Yard Requirements. In instances where buildings are erected containing two (2) or more uses housed vertically, the required side yards for the first floor use shall control.
H. Open Space Requirements. Every part of a required yard shall be open to the sky, unobstructed with any building or structure, except for the ordinary projections of sills, belt courses, cornices, ornamental features and roof overhangs projecting not to exceed twenty-four inches (24").
I. Use of Existing Lots of Record for Marion County Extra-Territorial 28E Jurisdiction. In any platted rural subdivision where dwellings are permitted, a single-family or two-family dwelling may be located on any lot or plot of official record as of September 18, 2003, irrespective of its area, width or building setbacks; provided that the following provisions shall apply to single-family and two-family dwellings only:
(1) Front Yard. Front yard setback shall match the platted, or if no platted setback, the average setback of the existing structure setbacks within the subdivision.
(2) Side Yard. Side yard setback shall match the platted, or if no platted setback, the average setback of the existing structure setbacks within the subdivision.
(3) Rear Yard. Rear yard setback shall match the platted, or if no platted setback, the average setback of the existing structure setbacks within the subdivision. (Ord. 638 - May 04 Supp.)
3. Accessory Buildings. Accessory buildings are subject to all site development regulations of its zoning district, except as provided below:
A. Side Yards. An accessory building may be located a minimum of two feet (2') from the side lot line of the property if it is located between the rear building line of the principal building and the rear property line. In no case, shall an accessory building be located between the front building line and the rear building line of the principal building. No accessory building shall be located in any easement or right-of-way.
B. Front Yards. No accessory building may be located between the front building line of the principal building and the front property line. A private street shall be considered the same as a public street for purposes of this requirement. Any parcel which does not have direct frontage on a public or private street but which is a legally buildable lot as a pre-existing lot of record pursuant to Section 165.34 of this chapter shall have a front lot line which shall be the lot line geographically closest to the nearest public or private street location. (Ord. 867 -Jan. 13 Supp.)
C. Rear Yards. The minimum rear yard setback for accessory buildings shall be two feet (2'). An accessory building may be located a minimum of five feet (5') from an alley line if it is located between the rear building line of the principal building and the rear property line. Double-frontage lots shall require front yard setbacks along both street frontages as set forth in Table 165.12-3. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.
D. Street Yards. No accessory building shall be located within twenty feet (20') from any street right-of-way line.
E. Maximum Size. There shall be no more than three (3) accessory buildings which are not a part of the principal building, and taken together the accessory buildings shall not occupy more square footage on the parcel than as follows: not more than forty percent (40%) of the lot width multiplied by the required rear yard for the zoning district in which the parcel is located. In the case where the principal structure is setback from the rear lot line by 200% or more of the minimum required rear yard for the district, then an additional 25% square footage for accessory structure space shall be allowed above the maximum.
(Ord. 811 - Mar. 10 Supp.)
F. Height. In residential districts the maximum height shall be fifteen (15) feet for any accessory building as measured at the midpoint of the roof slope halfway between the top of sidewall and peak of structure, and the accessory structure shall not be taller than the principal structure. Accessory buildings in the RR Rural Residential and A1 Agricultural Districts are exempt from height limitation.
(Ord. 831 - Dec. 10 Supp.)
G. Separation from Other Buildings. No accessory building shall be placed within ten feet of any other building on its own property or any adjacent properties except that for any lot or plot of official record as of September 29, 1976, a separation distance of only two feet is required.
(Ord. 627 – Sep. 03 Supp.)
H. Attached Accessory Buildings. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district.
I. Effect on Adjacent Properties. If an adjacent lot is built upon, the accessory building must be entirely to the rear of the line of any principal building on such adjacent lot.
J. Hazards. Any accessory use which creates a potential fire hazard shall be located a minimum of ten feet (10') from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.
K. No accessory building shall be built upon any lot until construction of the principal building has begun on the same lot.
Lamp posts with a maximum height of ten feet (10') and flag poles up to maximum height of base district may be located within required yards, provided they are set back at least five feet (5') from property lines.
4. Permits Previously Issued. Nothing herein contained 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 permits have been granted before the enactment of this Zoning Ordinance; the construction of which in conformance with such plans shall have been started prior to September 29, 1976, and completion thereof carried on in a normal manner and not discontinued for reason other than those beyond the builder’s control.
5. Dish Antennas.
A. Each lot shall have no more than one satellite antenna.
B. Antennas with a surface area over 6.3 square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.
C. Antennas with a surface area of over 6.3 square feet are subject to the following additional regulations:
(1) Such antennas shall be located no less than ten (10) feet from the property line of an adjacent property line.
(2) The maximum height shall be fifteen (15) feet and the maximum diameter shall be eleven (11) feet.
(3) Each antenna shall be screened by a six-foot-high wood or masonry fence, or by natural plants or trees of equal minimum height.
D. Dish antennas two (2) feet or less in diameter may be located in a front yard or attached to the front of the principal building or on the roof of the principal building to provide line of sight for the dish for satellite reception.
6. Vision Clearance Zones. On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half feet (2½') and twelve feet (12') above the surface of the street described as follows: an area forming a triangle bounded by the street right-of-way lines or property lines of a corner lot and a straight line joining points on the right-of-way lines twenty-five feet (25') from the point of intersection of the right-of-way or property lines.
7. Height Exceptions. These provisions allow exceptions to the height limit of any zoning district in certain situations:
A. Structures Permitted Above the Height Limit. The building height limitations of this chapter are modified as follows: Chimneys, cooling towers, utility poles, elevator bulkheads, fire towers, monuments, stage towers or scenery lofts, water tanks, churches, and ornamental towers, spires, windmills and emergency warning towers may be erected at a height that exceeds the bulk regulations of the district.
B. Communications Towers. Communications towers, when operated by a Federally licensed commercial or non-profit organization, may be built to any height in accordance with existing and future ordinances.
C. Wind Energy Conservation Systems (WECS).
(Deleted by Ordinance No. 820 - Oct. 10 Supp.)
8. Fence Regulations.
A. Permit Required. A fence permit is required to install, erect, construct, relocate or alter a fence within the City.
B. Location Restriction. Unless otherwise provided by this chapter or other sections of this Code of Ordinances, no fence shall be built on any lot or tract outside the surveyed lot lines or adjacent to any municipal property, excluding public streets. In no case shall a fence be built in an easement.
C. Sight Obstruction. No solid fence permitted or required by this section or other sections of this Code of Ordinances shall be built within the vision clearance zone defined in subsection 6 of this section.
D. Facing. The finished surfaces of any fence shall face toward adjacent properties and street frontage.
E. Effect on Adjacent Properties. No fence shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation.
F. Electric Fences. No person, for any reason shall erect, install or maintain any electrically charged fence within the City except in the A1 or RR Districts.
G. Barbed Wire Fences. No person, for any reason shall erect, construct or maintain any barbed wire or razor wire fencing within the City except:
(1) Three (3) courses of barbed wire may be installed above the top line of an eight foot (8') chain link fence located in a district zoned for industrial purposes or on property used for industrial purposes under a valid nonconforming use.
(2) Barbed wire fences which comply with State statutes may be erected, constructed and maintained on premises zoned for agricultural uses.
H. Snow Fences. Temporary snow fences are exempt from applications of this subsection provided that no traffic hazard is created, the sight visibility triangle is not infringed upon and the fence is completely removed by April 1 and not installed between April 1 and October 15.
I. Obscenities. It is unlawful for any person to use any fence located within the City for purposes of displaying vulgar or obscene materials.
J. Residential Fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions:
(1) Height. The maximum height of a fence within a required front yard or street side yard setback is four feet (4'). The maximum height for any fence outside of a required front yard or street side yard is six feet (6').
(2) Exception for Street Side Yards. On corner lots, a fence built parallel to the street side yard line but set back in conformance with the required street yard setback may have a maximum height of six feet.
(3) Exception for Front Yards of Double Frontage Lots. A fence built within the required front yard of a double frontage lot may be a maximum of six feet in height if such frontage does not provide primary access to the property.
(4) Materials. Fences shall be constructed so as to be reasonably aesthetic in appearance and which are not injurious to the senses. Some suggested materials are: wood, chain-link, PVC/resin, stone or masonry materials. Wood fences shall utilize standard building lumber only.
K. Civic, Office, Commercial and Industrial Fences. Fences constructed in commercial and industrial districts are subject to the following special provisions:
(1) Maximum Height. The maximum height of a fence for any permitted use in any nonresidential zoning district is eight feet (8').
(2) Exception for Civic Uses. There shall be no maximum height limitation of fences installed as part of primary and secondary educational facilities or park and recreation use types.
(3) The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City.
L. Appeals. Denial, revocations, or cancellations of a fence permit based on the provisions of this subsection may be appealed to the Board of Adjustment.
9. Large Retail Establishments – Special Site Development Standards. These standards are intended to ensure that large retail building development is compatible with its surrounding area, promotes a pedestrian friendly environment and contributes to the unique character of Pella, Iowa. All commercial developments, regardless of size, shall be required to obtain a design permit pursuant to the Design Review District which includes design review by the Community Development Committee. The Design Review District Design Manual shall be used as a set of parameters with respect to design permit compliance. In addition, a new retail development, standalone or combination of smaller stores that exceeds 50,000 square feet shall adhere to the following site development standards:
A. Parking Lot Location. No more than fifty percent (50%) of the off-street parking area for the lot, tract or area of land devoted to the large retail establishment shall be located between the front facade of the large retail establishment and the abutting streets. The front parking area shall be determined by drawing a line from the front corners of the building to the nearest property corners. If any such line, when connected to the plane of the front facade of the building, creates an angle that is greater than one hundred eighty (180) degrees, then the line shall be adjusted to create an angle of one hundred eighty (180) degrees when connected to the plane of the front facade of the building. If any such line, when connected to the plane of the front facade of the building, creates an angle that is less than ninety (90) degrees, then the line shall be adjusted to create an angle of ninety (90) degrees when connected to the plane of the front facade of the building. Parking spaces shall be counted to include all parking spaces within the boundaries of the front parking area, including (i) all partial parking spaces if the part inside the front parking area boundary lines constitutes more than one-half (1/2) of said parking space, and (ii) all parking spaces associated with any pad sites located within the front parking area boundaries. Further, in cases where the lot or land is located in or is adjacent a Gateway Corridor Overlay District, no off-street parking areas shall be allowed in the required front yard setbacks or in the front of buildings. Parking may be located on the side or rear of buildings.
B. Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses.
C. Pedestrian Circulation. Sidewalks at least eight (8) feet in width shall be provided along all sides of the lot that abut a public street. Continuous internal pedestrian walkways shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all large retail establishments on the site. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort as well as the overall aesthetics of the walkways.
D. Landscaping. Landscaping shall be in accordance with the provisions of Section 165.31, Landscaping and Screening Requirements. In addition, the following special requirements for large retail establishments shall apply:
(1) At least fifty percent (50%) of internal pedestrian walkways shall have adjacent landscaping, including trees, shrubs, benches, flower beds, ground covers or other similar materials. The required landscaping contained in the provisions of Section 165.31 may be used in conjunction with this requirement.
(2) Any loading or docking areas shall be screened with a Type A screen per Section 165.31 of this chapter. The required landscaping contained in the provisions of Section 165.31 may be used in conjunction with this requirement.
10. Retaining Walls. The purpose of this subsection is to provide minimum standards to safeguard life, health, property and public welfare by regulating the construction and placement of retaining wall systems through the adoption of specific standards to augment existing codes. These provisions shall apply to the construction and or alteration of retaining walls on all public and private property that is not within a public right-of-way of the City.
A. Definitions. For the purposes of this subsection the following definitions shall apply:
(1) "Building code" means the 2003 International Building Code as amended and adopted by the Code of Ordinances by the City of Pella.
(2) "Height of wall" means the measured distance between the bottom of the footing to the top of a wall.
(3) "Retaining wall" means a manmade structure built out of rock, block, wood, or other similar material and used to either directly support retained material or to serve as a facing of a cut slope. This definition includes, but is not limited to, other systems designed to retain earth or other materials such as a geosynthetic-reinforced soil system.
B. Design and Construction. A retaining wall may be located on a lot line, but no such wall shall protrude in full or part on adjacent property, easements, or right-of-way. No retaining wall shall be placed in a manner that impedes vision between a height of two and one-half feet (2½ ) and twelve feet (12 ) above the surface of the street in the area forming a triangle bounded by the street right-of-way lines or property lines of a corner lot and a straight line joining points on the right-of-way lines twenty-five feet (25 ) from the point of intersection of the right-of-way or property lines. Retaining wall systems shall be designed by a professional engineer licensed to practice in the state of Iowa for all walls over six (6) feet in height. Where multiple walls are situated in a terrace-like pattern they shall be considered one wall for purposes of determining the height of wall if the horizontal separation between adjacent walls is less than or equal to the combined height of the walls.
C. Maintenance. Retaining walls shall be maintained by the property owner and according to all other codes of the City of Pella. When a wall is within the walls height of a public right-of-way or in a public right-of-way, and in the opinion of the code official, there is imminent danger of failure or collapse, the code official shall temporarily close the public way, based on Section 109 of the Property Maintenance Code, and notify the land owner that repairs shall be made in a prescribed timely manner. If the owner of a premises fails to comply within the time prescribed, the code official shall proceed with a property maintenance code infraction.
D. Guardrails. Retaining walls over six feet high for all land uses except agricultural shall have a guardrail, hedge, or other barrier of at least 36 high installed along the top edge of the wall if there is a walking surface within two (2) feet from the top of the retaining wall.
E. Permit Requirement. It is unlawful to construct, enlarge, alter, repair or demolish any retaining wall without a building permit from the City. Requirements shall be based on the parcel's land use and the height of the proposed wall as shown in Table 165.30 below. Height shall be measured from the base of the wall to the top of the wall at the wall's tallest point.
Table 165.30 Retaining Wall Requirements Based on Land Use and Wall Height | |||
Under 30 inches high | Between 30 inches and six feet high | Over six feet high | |
Agricultural use | No permit required | No permit required | No permit required |
Single-family Residential or Two-family Residential use | No permit required | 1. Permit that includes proposed height and location of wall with a drawing of lot lines, easements, and right-of-way lines. 2. Description of how wall is to be constructed. If made of modular block, then the manufacturer's specifications are sufficient. | 1. Permit that includes proposed height and location of wall with a drawing of lot lines, easements, and right-of-way lines. 2. Engineered plans for the wall that are signed and sealed by an engineer. |
All other uses | No permit required | 1. Permit that includes proposed height and location of wall with a drawing of lot lines, easements, and right-of-way lines. 2. Description of how wall is to be constructed. If made of modular block, then the manufacturer's specifications are sufficient. | 1. Permit that includes proposed height and location of wall with a drawing of lot lines, easements, and right-of-way lines. 2. Engineered plans for the wall that are signed and sealed by an engineer. 3. Guardrail at least 42" high. |
F. Variances. Where there are unique constraints that would prohibit full compliance with the provisions of this chapter and would deny the property owner of use of their property would be permitted to other properties, a variance may be considered.
G. Conflicts. Where there is conflict between this subsection and any other code or ordinance of the City, the more specific provisions shall apply.
(Ord. 763 - May 08 Supp.)