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Fort Madison City Zoning Code

CHAPTER 4

GENERAL PROVISIONS

10-4-1: SCOPE OF REGULATIONS:

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. (Ord. B-39, 1969)

10-4-2: PERMITS:

A permit shall be required for each building project, or work on a structure, as specified in these regulations, except as to changes in the interior of a building, where no building permit is required under any other provision of this code. The application form shall be submitted to, and approved by, the zoning administrator in order to conform with these regulations, before a permit is issued. Said permit may be combined on one form with a building permit required under any other provision of this code. (Ord. B-39, 1969)

10-4-3: BUILDING HEIGHT, BULK AND LOT COVERAGE:

   A.   No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height or bulk, a higher percentage of lot coverage or smaller open space about it than is permissible under the limitations set forth herein for the district in which the building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height limit.
   B.   No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court or other open space, or lot area requirements shall thereafter be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group. (Ord. B-39, 1969)

10-4-4: LOT DIMENSION AND AREA:

   A.   When two (2) or more parcels of land, each of which lacks adequate area and dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.
   B.   Any single lot or parcel of land, held in one ownership, which was of record at the effective date hereof, that does not meet with the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than seventy five percent (75%) of the minimum required dimensions or areas. (Ord. B-39, 1969)

10-4-5: SUPPLEMENTARY DISTRICT REGULATIONS:

   A.   Visibility At Intersection In Residential Districts: On a street corner in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the center line grades of the intersecting streets in the area bounded by the street lines of such street corner and a line joining points along the street lines fifty feet (50') from the point of the intersection.
   B.   Fences, Walls, And Hedges: Except as otherwise required by this section, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided:
      1.   No fence, wall, or hedge along the sides or front edge of any front yard shall be over two and one-half feet (21/2') in height, except that a fence which does not materially impede vision may be up to four feet (4') in height in a front yard.
      2.   No fence, wall, or hedge along any side or rear yard shall be over six feet (6') in height.
      3.   No fence shall be closer to any alley right-of-way line than five feet (5').
      4.   On reversed corner lots, fences in side yards abutting neighboring front yards shall comply to the requirements for front yards to the same dimension as the neighboring front yard.
   C.   Erection Of More Than One Principal Structure On A Lot: In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this section shall be met for each structure as though it were on an individual lot.
   D.   Exceptions To Height Regulations: The height limitations contained in this title do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
   E.   Structures To Have Access: Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with permanent access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off street parking.
   F.   Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. (Ord. B-374, 7-6-1982)
   G.   Satellite Dishes Located On The Ground:
      1.   Units cannot be located in utility easements, public rights of way, or block light into a neighboring house. The zoning administrator's office is to be contacted to ensure placement compliance. Total height should not exceed twelve feet (12').
      2.   Satellite receivers shall be located in the rear yard, but in the event of obvious signal impediment due to natural geographic features, trees or other obstructions, a side yard location can be selected. In the event a proper side yard location does not allow signal reception, the receiver can be placed in the front yard, subject only to the granting of a special use permit. (Ord. C-254, 1-16-1996)
   H.   Satellite Dishes Located On Roof Or Along Wall: Lot line setback regulations apply with consideration given to clearances aboveground, over sidewalks and driveways. Closest possible distance of dish to the lot line will determine compliance. Small dishes are treated as existing roof mounted television antennas. (Ord. B-466, 5-7-1985)
   I.   Satellite Dish Not In Use: Any satellite dish not in use or rendered useless through technology or legal regulation shall be removed within thirty (30) days. (Ord. B-374, 7-6-1982; amd. Ord. B-466, 5-7-1985; Ord. C-254, 1-16-1996; Ord. D-58, 1-7-2020)

10-4-6: PERMITTED OBSTRUCTIONS IN REQUIRED YARDS:

The following obstructions, when located in the minimum area required for specified yards shall be permitted:
   A.   In all yards:
      1.   Chimneys projecting eighteen inches (18") or less into the yard;
      2.   Flagpoles;
      3.   Ordinary projections of sills, belt courses, cornices, and ornamental features projecting not more than eighteen inches (18") into a yard;
      4.   Ornamental light standards;
      5.   Steps which are necessary for access to permitted buildings or for access to lots from streets and required exterior fire escapes;
      6.   One-story bay windows projecting three feet (3') or less into the yard;
      7.   Air conditioning condenser units;
      8.   Arbors and trellises;
      9.   Balconies of no more than five feet (5') into the required yard;
      10.   Overhanging roof eaves and gutters, provided those on accessory buildings are not less than two feet (2') from a lot line;
      11.   Open, uncovered patios.
   B.   In front yards:
      1.   Fuel pumps and air and water outlets in conjunction with automobile service stations, provided they shall be set back at least fifteen feet (15') from the front lot line;
      2.   Signs and nameplates as regulated herein;
      3.   Fences conforming to subsection 10-4-5B1 of this chapter.
   C.   In rear yards:
      1.   Breezeways;
      2.   Private garages and sheds;
      3.   Fences;
      4.   Playground and laundry drying equipment;
      5.   Private swimming pools and tennis courts.
   D.   In side yards:
      1.   Breezeways;
      2.   Private garages and sheds;
      3.   Fences;
      4.   Open accessory off street parking spaces;
      5.   Playground and laundry drying equipment;
      6.   Private swimming pools and tennis courts. (Ord. C-254, 1-16-1996)

10-4-7: DIVISION OF ZONING LOTS:

No improved zoning lot shall hereafter be divided into two (2) or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the bulk regulations of the zoning district in which the property is located. (Ord. B-39, 1969)

10-4-8: NUMBER OF BUILDINGS ON ZONING LOT:

Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. B-39, 1969)

10-4-9: BUILDING CONSTRUCTION IN FLOODWAY AREAS:

No construction (building or structure) is permitted in or adjacent to the floodway or floodplain of any river, stream or tributary 1 . (Ord. B-39, 1969)

10-4-10: ACCESSORY BUILDINGS:

   A.   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
      1.   Exception: One accessory structure may be constructed on a vacant lot provided the proposed structure and lot comply with the following conditions as depicted in the drawing shown hereafter:
         a.   The vacant lot is part of a corner lot that has been divided for a period of at least ten (10) years.
         b.   A house must be located on the lot abutting the vacant lot.
         c.   A house must be located on the lot with which this lot is combined.
         d.   The vacant lot and the abutting lot with a house located on it must have together, comprised one corner lot, prior to their separation.
         e.   The legal description of the vacant lot and the lot directly across the alley must both be contained in a single deed that has been recorded with the Lee County recorder.
         f.   The single deed containing both legal descriptions must: a) be submitted to the Fort Madison zoning administrator for approval, prior to recording, and b) contain the following language on the face of the deed:
RESTRICTION ON TRANSFER. The two lots described in this deed can only be transferred together as one parcel. The two lots cannot be separated, one from the other, without first obtaining written approval of the proposed transfer from the Fort Madison Zoning Administrator.
 
This restriction on transfer is approved this          day of                     , 2        .
 
                                                   
Fort Madison Zoning Administrator
         g.   Once the deed is recorded, the two (2) properties cannot, later, be separated without approval of the zoning administrator.
         h.   The buildable area for the accessory structure must be located within the rear fifty feet (50') of the lot.
         i.   There must be a setback of ten feet (10') from the line dividing the corner lot into two (2) lots.
         j.   All other bulk regulations apply.
 
(Ord. C-510, 2-7-2012)
   B.   Location: An accessory building shall only be located in the side or rear yard, and must be a minimum of five feet (5') from the rear property line, and a minimum of three feet (3') from the interior lot line.
   C.   Height Of Accessory Buildings: No detached accessory building shall exceed fifteen feet (15') in height, measured from the floor to the highest point of the roof.
 
   D.   On Reversed Corner Lots: On a reversed corner lot in a residential district, no accessory building shall be located beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet (5') to the side lot line of the adjacent lot.
 
(Ord. C-395, 3-16-2004)
   E.   On A Corner Lot: On a corner lot in a residential district, an accessory building located in a side or rear yard shall be located not closer than ten feet (10') to the adjacent street right of way line. (Ord. C-413, 2-15-2005)

10-4-11: TRAILERS AND MOBILE HOMES:

   A.   Trailers and mobile homes shall not be permitted in any district as accessory buildings. (Ord. B-39, 1969)
   B.   A fifth wheel travel trailer, or a motor home, or a travel trailer may be parked or occupied for lodging purposes on a vacant lot or on the same lot as a dwelling, but not for more than seventy two (72) hours in any consecutive thirty (30) day period. (Ord. C-335, 3-20-2001)
   C.   Trailers or mobile homes may be used as temporary offices or storage space incidental to construction of a building development for the period of time such construction is actively undertaken, provided the trailer or mobile home is located on the same or contiguous lot as the building development. (Ord. C-336, 3-20-2001)
   D.   The zoning administrator is hereby authorized to approve temporary permits to allow trailers and mobile homes in industrial districts only. Appeals to the decision of the zoning administrator shall be made to the board of adjustment and appeals and in the same manner as specified in subsection 10-20-5E of this title. (Ord. C-337, 3-20-2001)

10-4-12: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS:

When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the planning and zoning commission it is determined that such use is similar to and not more objectionable than uses listed. Such uses may then be permitted. (Ord. B-39, 1969)