(A) Purpose. These provisions apply to specific use classifications in addition to regulations established by the district regulations. In the event of any conflict in provisions, the more restrictive provision shall apply unless specifically indicated to the contrary.
(B) Zero lot line development (townhouse and duplex regulations).
(1) Purpose and intent. The purpose of this section is to allow for the development of single-family, duplex or multi-lot townhouse dwellings on property with design standards prescribed to allow for zero side lot line setbacks. This concept is intended to provide more usable yard area and provide development flexibility relating only to side yard setbacks. Any zero lot line development approval under this section shall be restricted to development as prescribed herein.
(2) Firewall regulations. Any zero side lot line development, including, but not limited to, townhouse or duplex common walls, shall comply with the firewall regulations of the International Building Code pertaining to any joint building wall located at the common property line.
(3) Zero lot line development in new subdivisions. Zero lot line side yards allowing for the placement of a building or structure on a side property line may be approved at the time of preliminary plat or amendment, or any manufactured home park approval or amendment. On such zero lot line developments, the minimum required front and rear yard setback requirements shall be maintained; and the side yard opposite of the zero lot line side shall maintain setback requirements as identified in this chapter. Minimum lot width and area requirements for newly platted parcels shall be limited to:
Central Business District - no minimum lot width | 4,000 square feet lot area |
Mobile Home District - no minimum lot width | 4,000 square feet lot area |
Other zoning districts - 40 feet lot width | 4,000 square feet lot area |
Residential zoned lots - 40 feet lot width | 4,000 square feet lot area |
(4) Zero lot line development in existing subdivisions.
(a) Owners of a single tract or parcel wishing to split the property for purposes of a zero lot line development may do so, subject to the requirements of this division (B)(4)(a). Minimum lot width and area requirements for parcels and lots within existing subdivisions shall be limited to:
Other zoning districts - no minimum lot width | 4,000 square feet lot area |
Residential zoned lots - 25 feet lot width | 2,500 square feet lot area |
(b) If lot width or area requirements cannot be accommodated, such zero lot line development may be granted special exception status by the Zoning Board of Adjustment.
(5) Zero lot line development for single-family or duplex residential. Zero lot line development for single-family or duplex residential may only have one common property line. Zero lot line for multiple-family residential, townhouse developments or commercial properties may be a series of lots in a row upon which each parcel has zero lot line on each side in order to accommodate multiple building units in a row. In any case, the end unit in any proposed development shall have the minimum required side yard. In the case of a corner lot, the end unit in a zero lot line development shall have a side yard setback the same distance as the front yard setback for the zoning district in which the property is located. Any lot divided for zero lot line development shall maintain a minimum of 25 feet in width and 2,500 square feet in lot size.
(6) Utilities. When zero lot line development is approved for any development, each portion of a property, parcel or tract effectively split by the zero lot line shall be provided with a separate water meter, water shut- off, electric meter, gas meter (if applicable), sewer main or septic system (as applicable) wholly contained on the lot and dedicated to serve each individual dwelling or building.
(7) Maintenance agreement. For any building sharing a zero lot line, a duplex agreement, party wall agreement or construction maintenance agreement shall be prepared and filed with the city between the owners of the zero lot line lots. Such agreement shall be recorded in the County Recorder’s office. The purpose of such agreement is to identify responsibilities and access for construction, maintenance and repairs of the dwellings or buildings located and sharing the zero lot line.
(C) Home occupations.
(1) An accessory use conducted entirely within a dwelling unit, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site.
(2) Home occupations accessory to the residential use shall be subject to the following limitations:
(a) The residential character of the building must be maintained;
(b) Only one unrelated person living outside the residence and members of the immediate family may be employed in the home occupation;
(c) The use must be conducted as a secondary use and in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term. The occupation must be conducted entirely within the dwelling which is a bona fide residence of the practitioners, or within an attached garage;
(d) The use must not infringe upon the right of neighboring residents to enjoy peaceful and healthy occupancy of their home for which purpose the residential district was created and primarily intended;
(e) The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit;
(f) Has no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building;
(g) May have no more than one, flush mounted, non-illuminated sign not exceeding six square feet;
(h) The home occupation shall not generate customer related vehicular traffic substantially in excess of the normal anticipated residential traffic;
(i) No more than 25% of the total floor area of the principal building may be utilized by the home occupation. However, this regulation shall not apply to daycare services;
(j) No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises;
(k) Music lessons, when operated as a home occupation shall be limited to two students at any one time. Dance lessons, when operated as a home occupation shall be limited to no more than four students at any one time; and
(l) Nothing herein shall be construed to allow the following businesses or occupations as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. However, a massage therapist licensed pursuant to the provisions of Iowa Code Chapter 152C shall be permitted to engage in the practice of massage therapy as a home occupation, subject to the general home occupation regulations. Daycare for more than six children shall not be allowed as a home occupation. Children regularly residing in the home shall not be counted in computing this limitation.
(D) Accessory structure regulations. Accessory structures in the A and B Zoning Districts and on property used for residential purposes in the C-1 Zoning District are subject to the following limitations.
(1) Size and number.
(a) On lots of less than 12,000 square feet in the A and B Residential Zoning Districts, there shall be no more than two separate accessory buildings. The total floor area of both accessory buildings, combined, shall not exceed 800 square feet.
(b) On lots of 12,000 square feet or more, but not exceeding 25,000 square feet which are used for residential purposes and are located in the A, B, B-1 and C-1 Zoning Districts established under this chapter, there shall be no more than two separate accessory buildings. The total floor area of both accessory buildings, combined, shall not exceed 2,500 square feet.
(c) On all lots used for residential purposes in the A, B, B-1 and C-1 Zoning Districts, accessory buildings shall, in no event, occupy more than 10% of the lot area or a building area of 800 square feet, whichever is greater.
(d) The foregoing provisions notwithstanding, on residential lots in the B and C-1 Zoning Districts, there may be constructed not more than two accessory buildings of sufficient area to provide one vehicle storage space for each dwelling unit and one additional space of the same size for general storage.
(e) On lots not included in the A or B Residential Zoning District, and not used for residential purposes, accessory structures are permitted subject to the development regulations applicable in the zoning district.
(f) Lots used for residential purposes in the A, B, B-1 and C-1 Zoning Districts that contain more than 25,000 square feet of area may have up to three detached accessory buildings with a maximum combined floor area of 5,000 square feet.
(2) Height. Accessory structures in the A, B, B-1 and C-1 Zoning Districts used for residential purposes are limited to a height of 20 feet, except that in the case of a lot greater than 25,000 square feet in area, accessory buildings may be constructed to a height of 25 feet. If an accessory building is of a height of greater than 20 feet, the minimum setback requirements are 15 feet from an interior side lot line; 15 feet from a rear lot line; and 25 feet from a front lot line.
(3) Site development regulations. The location of an accessory structure is subject to the setback requirements of the zoning district in which the accessory structure is located, except:
(a) In the A, B and C-1 Zoning Districts, accessory buildings may be located within six feet of the rear lot line;
(b) On originally platted lots with a street frontage of 50 feet or less, accessory buildings may be placed no less than two feet from the side and rear lot lines. On such lots, the two- foot setback shall be measured from that portion of the accessory building closest to the lot line, including roof overhangs, eaves, gutters or other features that project beyond the building wall; and
(c) Satellite dishes and fuel storage tanks are permitted accessory structures only in the rear yard and only when located at least six feet from any property line.
(4) Solar collector regulations. Solar collectors for the purpose of generating light, heat or electrical energy are permitted as residential and commercial accessory structures, subject to the height and site development regulations in divisions (D)(2) and (D)(3) above. Solar collectors shall not be placed within any front yard setback area. The 20-foot maximum height limitation does not apply to solar collectors mounted upon a conforming building or structure, so long as the highest point of the solar collector does not exceed ten feet above the highest point of the building or structure. Solar collectors shall not be constructed, nor operated, so as to cause glare to be reflected on any existing residential structure, except that of the owner of the collector. Solar collectors shall not be considered accessory buildings subject to the limitation of division (D)(1) above.
(5) Outdoor wood furnaces. Outdoor wood furnaces, also known as outdoor wood boilers or hydronic heaters, are permitted as residential accessory uses, subject to the following regulations:
(a) Outdoor wood furnaces shall be located in the rear yard only, at least 50 feet from any property line;
(b) Each outdoor wood furnace shall be equipped with a chimney as specified by the manufacturer, which shall extend at least two feet above the peak of any residence located within 300 feet of such outdoor wood furnace; and
(c) Fuel burned in any outdoor wood furnace shall be only natural wood, wood pellets, corn products, biomass pellets or other listed fuel specifically listed by the manufacturer’s instructions. The following fuels are strictly prohibited:
1. Newspaper, cardboard or any other paper with ink or dye products;
2. Plastic;
3. Rubber;
4. Rubbish or garbage; and
5. Wood that has been painted, varnished or coated with similar material, or has been pressure treated with preservatives and contains resins or glues.
(Prior Code, § 9-11-8) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 421, passed 8-17-1992; Ord. 516, passed 6-7-1999; Ord. 528, passed 4-3-2000; Ord. 718, passed 6-20-2011; Ord. 719, passed 6-20-2011; Ord. 747, passed 5-6-2013; Ord. 851, passed 10-7-2019) Penalty, see § 155.999