1. Structures Permitted Above Height Limit. No permit will be issued for any structure above district height limits, except as specifically approved by the City Council.
2. Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.
3. Rear and Side Yards Adjacent to Alleys. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens to an alley, one-half of the alley width may be included as a portion of the rear or side yard, as the case may be.
4. Other Exceptions to Yard Requirements. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for ordinary projections, not to exceed 24 inches, including roof overhang.
5. Front Yard; Exceptions. In areas where some lots are developed with a front yard that is less than the minimum required for the district by these zoning regulations or where some lots have been developed with a front yard greater than required by these zoning regulations, the following rule shall apply. Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of 200 feet, measured from building to building, except as follows:
A. Buildings located entirely on the rear half of a lot shall not be counted.
B. No buildings shall be required to have a front yard greater than 50 feet.
C. If no building exists on one side of a lot within 200 feet of the lot in question, the minimum front yard shall be the same as the building on the other side.
6. Zoning of Annexed Areas. Any land annexed to the City after the effective date hereof shall be zoned A-1 Agricultural until the Commission and Council shall have studied the area and adopted a final zoning plan for the area in accordance with Section 166.20 of these zoning regulations.
7. Exceptions to Prohibited Uses. The Council may, by special permit after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by these zoning regulations. Notice of time and place of hearing shall be given to all affected property owners within 200 feet at least 7 days in advance of hearing by placing notice in the United States mail.
A. Any public building erected and used by any department of the City, Township, County, State or federal government.
B. Airport or landing field.
C. Community building or recreation center.
D. Hospitals, nonprofit fraternal institutions (provided they are used solely for fraternal purposes), and institutions of an educational, religious, or philanthropic character; provided, the building shall be set back from all yard lines a distance of not less than two feet for each foot of building height, but not less than the yard requirements for the district in which located.
E. Public cemetery.
Before issuance of any special permit for any of the buildings or uses listed in this subsection, the Council shall refer the proposed application to the Commission, which shall be given 45 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building of use above referred to until and unless the report of the Commission has been filed; provided, however, if no report is received from the Commission within 45 days, it shall be assumed that the approval of the application has been given by the Commission.
8. Use of Existing Lots of Record. In any district where dwellings are permitted, a dwelling may be located on any lot of record as of the effective date hereof irrespective of its area or width; provided, however:
A. The sum of the side yard widths of any such lot or plot shall not be less than 20 percent of the width of the lot, but in no case less than 10 percent of the width of the lot or five feet, whichever is greater, for any one side yard.
B. 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 less than 20 feet.
9. Water and Sewage Requirements.
A. In any district in which residences are permitted, except the A-1 and AR districts, and where neither public water supply nor public sanitary sewer is available, the minimum lot area and frontage requirements shall be as follows:
(1) Lot Area – 20,000 square feet;
(2) Lot Width at Building Line – 100 feet;
provided, however, that where a public water supply system is available, these requirements shall be 15,000 square feet, and 100 feet, respectively.
B. The above requirements shall not apply in subdivision developments providing private common water supply and sewage collection and disposal systems that have been approved by the Iowa Department of Natural Resources.
C. In all districts where a proposed building, structure, or use will involve the use of private sewage facilities, and public sewer and/or water is not available, the sewage disposal system and domestic water supply shall comply with all of the requirements and standards of the Dallas County Board of Health.
(Section 165.20 - Ord. 3019 - Mar. 22 Supp.)