The regulations specified in the Ordinance are subject to the following exceptions, modifications, and interpretations:
1. Interpretation. Whenever the regulations of the Ordinance require a greater width or size of yards, courts, or other open spaces, or require a greater percentage of the lot to be left unoccupied or impose other higher standards than are required in any other statutes or local ordinance or regulation, the provisions of the Ordinance shall govern. Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a greater percentage of the lot to be left unoccupied, or impose other higher standards than are required by the Ordinance, the provisions of such statute or local ordinance or regulation shall govern.
2. A legally established lot of official record which becomes nonconforming as a result of amendments to the Ordinance may be developed with structures or uses permitted within the district in which the lot is located subject to the following:
A. If a legally established lot of record is joined with another legally established lot of record or another parcel or portion thereof with which it was not historically transferred, or a legally established lot of record or portion thereof is divided from another legally established lot of record or another parcel with which it was historically transferred, it shall lose its status as a legally established lot of record unless the newly created parcel became nonconforming as a result of an amendment to the regulations in effect at the time the lot, parcel, or tract was created.
B. When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than that required for the intended use, then the lot may be used as proposed just as if it were conforming.
C. In any district where dwellings are permitted, a single-family dwelling may be located on any legally established nonconforming lot irrespective of the lot area or width, provided however:
(1) The sum of the side yard widths of any such lot shall not be less than 30 percent of the width of the lot, but in no case less than 10 percent 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 20 percent of the depth of the lot, but in no case shall be less than 20 feet.
3. Chimneys, cooling towers, elevator bulk-heads, fire towers, monuments, water towers, houses of worship, ornamental towers and spires, telephone, radio or television towers, or necessary mechanical appurtenances may be erected to a height in excess of existing district regulations of Story County; provided, however, no such structure shall be permitted to extend into the approach zones, clear zones, or other restricted air space required for the protection of any public airport.
4. No accessory building shall be erected in any required yard other than a rear yard, as provided hereinafter.
A. On a corner lot they shall conform to the setback regulations on the side road. Accessory structures may be erected as a part of the principal building, or may be connected thereto by a breeze-way or similar structure, provided all yard requirements for a principal building are complied with.
B. An accessory structure that is not a part of the main building shall not occupy more than 30 percent of the rear yard. No accessory structure shall be constructed upon a lot until the construction of the main building has actually commenced, and no accessory structure shall be used unless the main building on the lot is also being used.
C. In cases where the property is zoned A-1, Agricultural, an accessory structure may be constructed in advance of a dwelling, provided that construction of the dwelling begins within two years. A signed agreement between the Director and property owner is required by the applicant prior to construction.
5. Except as herein provided, every part of a required yard shall be open to the sky, unobstructed by a structure, except for the projection of sills, belt course, cornices, and ornamental features which are not to exceed 12 inches.
6. Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half feet and where the same are so placed as not to obstruct light and ventilation.
7. Covered stoops, uncovered stoops, unenclosed terraces, uncovered porches, platforms, and ornamental features which do not extend more than three feet above the floor level of the ground story may project into a required yard, and shall submit an application for zoning permit as required in Section 92.11, Required Permits. Projections shall maintain a distance of at least two feet from any abutting side lot line. Projections may extend not more than eight (8) feet into the required front setback and may extend up to fifty (50) percent of the required rear setback.
8. Temporary structures and uses that are used only in conjunction with construction work may be permitted in any district during the period of construction, but such temporary structures shall be removed upon completion of the construction work and shall submit an application for zoning permit as required in Section 92.11, Required Permits.
9. More than one industrial, commercial, multiple dwelling or institutional building or use may be established upon a single lot or tract in a district permitting these uses, provided that the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, and provided further that there shall be no change in the intensity of use.
10. Where more than 40 percent of the frontage in a block has been built up with buildings having a front yard, then the building line of the building to be erected shall conform to the natural building lines of the block as determined by the existing buildings.
11. In instances where buildings are erected containing two or more uses housed vertically, the required side yards for the first floor use shall control.
12. Encroachment of ramps, elevators, mechanical access devices, and other structures intended to provide a reasonable accommodation that may be necessary, because of a disability, in compliance with the 2010 American Disability Act (ADA) Standards tor Accessible Design, are exempt from all bulk requirements of the applicable zoning district.
13. An accessory building may be built on an adjoining lot to the principle use, parcel, or tract if the adjoining lots, parcels or tracts are owned by the same property owner, and said property owner signs a Restrictive Covenant agreeing not to sever the adjoining lots, parcels, or tracts without the mutual consent of the Director and property owner.
14. Accessory structures which are less than 100 square feet and have no permanent attachment to the underlying ground shall not require a Zoning Permit; however, all bulk requirements of the applicable zoning district shall be satisfied with the exception of rear and side setbacks.
15. 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 for the determination of permitted uses and application of bulk standards.
16. Any pump, underground fuel storage tanks, and islands, including any canopies, shall be set back at least 20 feet from any street or lot line.