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Elk Run Heights City Zoning Code

165.08 SUPPLEMENTAL

REGULATIONS AND MODIFICATIONS.

   1.   Off-Street Loading. In all Districts, spaces for loading and unloading shall be provided in accordance with the following minimum requirements: In any district, in connection with any use permitted by this chapter having a gross floor area of 10,000 square feet or more, there shall be at least one off-street loading space plus one additional such loading space for each additional 20,000 square feet or major fraction thereof of gross floor area; and, each such loading space shall be not less than 12 feet in width and 40 feet in length.
   2.   Off-Street Parking.
      A.   In conjunction with any principal building hereafter erected, or any use of land hereafter established, there shall be provided on the same lot therewith sufficient parking spaces to meet the minimum requirements specified herein:
         (1)   Auditoriums, assembly halls, dance halls, theaters, gymnasiums, and skating rinks: One space for each four seats or bench seating capacity.
         (2)   Boarding, rooming, or lodging houses: One space for each rented sleeping room.
         (3)   Bowling alleys: Four spaces per each lane.
         (4)   Churches: One space for each five seats or pew seating capacity in the main seating area.
         (5)   Dwellings: Two spaces for each dwelling unit.
         (6)   Home occupations: Two spaces per dwelling unit plus one space for each 200 feet of floor area devoted to such home occupation.
         (7)   Hospitals, sanitariums, homes for the aged, nursing homes, or similar institutions: One space for each three beds, plus one for each two employees.
         (8)   Hotels or motels: One space for each sleeping room or suite, plus one space for each 200 square feet in commercial floor area contained therein.
         (9)   Industrial and/or manufacturing: One space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith.
         (10)   Offices, business and professional agencies, banks, medical or dental clinics: Six spaces, plus one additional parking space for each 400 square feet of floor area over 1,000 square feet.
         (11)   Private clubs or lodges: One space for every seven memberships.
         (12)   Restaurants, night clubs, cafés, or similar recreation or amusement establishments: Three spaces for each 100 square feet of floor area.
         (13)   Retail stores or personal service establishments: One space for each 200 square feet of floor area.
         (14)   Wholesale establishments and warehouses: One space for each two employees.
      B.   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature.
      C.   Whenever a building existing prior to the effective date of the ordinance codified in this chapter is enlarged to the extent of 25 percent or more in floor area, such building or use shall then and thereafter comply with the parking requirements set forth in this chapter.
   3.   Outdoor Advertising Signs and Billboards. The regulations governing outdoor advertising signs and billboards shall comply with all State and federal regulations.
      A.   In all districts, where permitted, billboards shall be set back from any proposed or existing right-of-way line of any County road, street, or highway at least as far as the required front yard depth for a principal building in such districts. This is not to include business identification, directional, and other incidental signs otherwise permitted under the provisions of this chapter.
      B.   No outdoor advertising sign or billboard shall be permitted within a corner lot when the sides are formed by the lines of streets intersecting at an angle of less than 60 degrees and a line joining points on such lines 150 feet distant from their point of intersection. Signs shall be located in such a manner as not to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device or which will obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.
      C.   Portable signs of a temporary nature, such as trailer mounted, shall be of a maximum four feet by eight feet size, and nonilluminated. These signs will be allowed in all districts for a total of seven consecutive days after which they must be removed for a period of 30 consecutive days before they may be reinstated.
      D.   Business Signs.
         (1)   Signs, any part of which project out from the building from four to 18 inches shall be erected so that no portion of the sign is less than eight feet above grade.
         (2)   Signs which project more than 18 inches from the building must be at least 12 feet above grade and may extend a maximum of eight feet in height.
         (3)   Moving, flashing, rotating, illuminated signs or colored lights that may be confused with traffic lights and therefore be potentially hazardous, are not permitted.
         (4)   Freestanding commercial or industrial signs shall not project over the public right-of-way.
         (5)   Signs shall be structurally safe and in good repair, including signs connected to a building facade.
         (6)   One temporary on-site sign, not illuminated and not exceeding four square feet in size, advertising the sale or rental of the property may be placed in a required front yard without a permit. Any sign advertising the sale or rental of property exceeding four square feet in size is required to have a permit.
   4.   Height Exceptions. The district regulations as set forth in this section shall qualify or supplement as the case may be:
      A.   Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from side and rear yard lines heretofore established an additional foot for each two feet of building height above the height limit otherwise imposed in the district in which the building is located.
      B.   Single-family and two-family dwellings may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than 10 feet, but they shall not exceed three stories in height.
      C.   Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, and necessary mechanical apparatus, may be erected to any safe height not in conflict with existing or hereafter adopted regulations of the City.
   5.   Temporary Buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period the work is underway, but such temporary buildings shall be removed upon the completion of the construction work as determined by the administrative officer.
   6.   Fences.
      A.   Fences. The following fences shall be regulated:
         (1)   Constructed: posts/rails, panels, stacked blocks, woven wire, etc.
         (2)   Naturally grown: trees, bushes, shrubs, hedges, etc.
      B.   Location Restrictions. Unless otherwise provided by this chapter or other section of this code of ordinances, no fence shall be placed on any lot or tract outside the surveyed lot lines of a property. Proof of lot line location shall be provided by the property owner, or a representative, prior to receiving a permit for installing a fence along a lot line.
      C.   Required Openings. Unless otherwise provided by this chapter or other sections of this code of ordinances, any fence installed on residential property within required front or street side yards shall contain openings constituting no less than 50 percent of the surface of the fence. No fence shall cause an unsafe condition to pedestrian or vehicular traffic by obscuring the visibility available to vehicles exiting a driveway. No fence shall obscure clear view of traffic at intersections, or create a safety hazard to pedestrians or vehicular traffic in the “sight triangle,” 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 25 feet from the point of intersection of the right-of-way or property lines.
      D.   Figure 165.08(6)
      E.   
      F.   Effect on Adjacent Properties. No fence shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation. The finished/decorative surface of any fence shall face toward adjacent properties and street frontage.
      G.   Required Permits. In addition to proof of lot line location, an illustration of proposed fence installation, including type of fence, materials to be used, and dimensions for placement of fence, shall be required for issuance of permit. “Iowa One Call” shall be contacted at (800) 292-8989 at least two days prior to any digging or excavation, in order to locate underground utilities.
      H.   Residential Fences. Fences installed within R-1, R-2, and R-3 Districts are subject to the following provisions:
         (1)   Heights. The maximum height of a fence within a front yard or street side yard setback shall be four feet. The maximum height for any fence in any other part of the yard will be six feet, except that a privacy fence may be eight feet, as long as it is located no nearer the street than on the building line in a front yard and street side yard.
         (2)   Materials. Constructed fences shall be made of wood, chain link, PVC/resin, bonded paint steel panels, or masonry materials only.
         (3)   Civic Uses in Residential Districts. The maximum height of fences installed as part of primary and secondary educational facilities or park and recreation use types within residential zoning districts shall be the same as those for residential users.
      I.   Agricultural Fences. Barbed wire and/or electrified fences are permitted only within Agricultural Districts; however, no wire fences or livestock fences shall be permitted within any street yard. Height and material restrictions shall be the same as Commercial and Industrial Districts.
      J.   Commercial and Industrial Fences. Fences installed in Commercial and Industrial Districts are subject to the following provisions:
         (1)   The maximum height of a fence for any permitted use in a Commercial District shall be eight feet. The maximum height for any permitted use in an Industrial District shall be eight feet. (See the following Subsection (2).)
         (2)   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.
      K.   Nonconforming Fences. The lawful use of a fence existing at the effective date of the ordinance codified in this chapter may be continued, although such fence does not conform to the provisions set forth in this chapter. Any extension or alteration of an existing nonconforming fence must meet the provisions of the ordinance codified in this chapter as for new fences.
      L.   Appeals. Denials, revocations, or cancellations of a building permit, based on the provisions of this section, may be appealed to the Board of Adjustment as set forth in Section 165.19 of this chapter.