The regulations set forth in this chapter qualify or supplement as the case may be, the district regulations appearing elsewhere in this title.

(Ord. 986 (part), 1965: prior code § 26-17)

The height regulations established in this title shall be adjusted in the following cases:

(1)

Schools, public buildings and institutions may be erected to a height not exceeding sixty feet in any district in which they are permitted, provided front and rear yards are increased in depth and side yards are increased in width two feet for each foot of height that the building exceeds the height regulations of the district in which it is located;

(2)

The height regulations prescribed in this title shall not apply to grain elevators, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers or spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flag poles provided the height of these structures does not violate any other ordinance of the city;

(3)

The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located.

(Ord. 1519 § 17, 1990; Ord. 986 (part), 1965: prior code § 26-17.1)

(Ord. No. 1974, § 2, 9-7-17)

Public utility distribution, transmission lines and facilities, both overhead and underground shall be allowed in all zoning districts, provided:

(1)

That utility poles do not exceed the height standards established in Section 20.60.090, Table of Height and Area Requirements, by fifteen percent except those located in a:

(A)

M-2, heavy industrial, zoning district, which shall not exceed the height of seventy feet;

(B)

That the routes and site locations of the proposed transmission lines and/or facilities shall be submitted to the public works director and community development director for site plan review during the preliminary planning stages and prior to the adoption of the routes and site locations(s) or acquisition of right-of-way therefore. The public works director and community development director should make such recommendations as necessary to find a proposal satisfactory based on the review of existing facilities, current zoning, urban forestry plans, and an effort to maintain the character of the current zoning districts; and

(C)

That any trees removed during the installation of any facility covered by this section shall be replaced at the expense of the public utility.

(2)

For this section public utility distribution, transmission lines, and facilities shall for the purposes of this section, mean; utility poles, including, but not limited to, towers and any other structures supporting transmission, distribution power lines, telephone lines, cables, or other telecommunications or fiber optics.

(3)

All route and site location plans as described in subsection (1) herein regarding the placement of public utility distribution, transmission lines and facilities shall require zoning board approval.

(4)

The replacement, maintenance or upgrade to existing public utility distribution, transmission lines, and facilities are permitted by right without zoning board review and approval when said facilities, are of a substantially similar character, and will not increase height of existing utility pole by fifteen percent or are moved more than fifteen feet from the original location.

(A)

Notwithstanding, the preceding paragraph, in all cases where replacement, maintenance or upgrade, is proposed a plan is required to be submitted to the public works director and community development director for review. The public works director and community development director should make such recommendations as necessary to find a proposal satisfactory based on the review of existing facilities, current zoning, urban forestry plans, and an effort to maintain the character of the current zoning districts; and

(B)

In all cases where the public utility distribution, transmission lines and facilities exceed existing pole height by fifteen percent or more or are moved more than fifteen feet from the original location, plan approval shall be subject to approval by the zoning board.

(5)

Special Use Permit.

(A)

The applicant must show that there is no feasible alternative to a height increase that exceeds the height requirements as established in Section 20.60.090 by fifteen percent, and there is a clear and specific public benefit which may be realized by exceeding the height limit set in subsection (1).

(B)

The board must find that the proposed structure will not in any way detract from the visual character or quality of the adjacent buildings, the neighborhood or the city as a whole. The board should consider the impacts on urban forestry and community safety, before granting such a permit.

(Ord. No. 1974, § 3, 9-7-17)

The area regulations established in this title shall be adjusted in the following cases:

(1)

Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, cornices, and ornamental features not to exceed twelve inches;

(2)

Open or lattice enclosed fire escapes, required by law, projecting into a yard not to exceed three and one-half feet and the ordinary projection of chimneys and pilasters shall be permitted by the city engineer when placed so as not to obstruct light and ventilation;

(3)

Terraces, uncovered porches and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided these projections are at least two feet distant from the adjacent side lot line;

(4)

Where a lot or tract is used for educational, institutional, motel, hotel, commercial or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located;

(5)

Where an open space is more than fifty percent surrounded by a building, the minimum width of the open space shall be at least twenty feet for one-story buildings, thirty feet for two-story buildings and forty feet for buildings three stories or more in height;

(6)

Fence and Wall Regulations.

A.

Purpose. The purpose for fence regulation provisions is to allow a wide variety of fence styles and construction to promote property security, privacy, and architectural compatibility. In addition, these regulations are provided to promote vehicular and pedestrian safety by requiring safe fence placement and height to allow proper visibility standards.

B.

Permit Required. It is unlawful for any person to construct, alter, or relocate any fence or landscape wall within the city without first obtaining the appropriate fence permit.

(1)

Permit fees will be set by resolution.

(2)

A completed application along with a minor site plan will be required to be submitted for review and approval by the community development director or designee.

C.

Definition. For the purpose of this chapter, it is understood that the terms fence and wall are synonymous and herein defined as a barrier consisting of wood, stone, concrete or metal intended to prevent ingress or egress, and/or enhance appearance of the structure of the landscape

D.

Materials.

(1)

Fences are to be constructed of customary fence material such as chain link, standard wood, wrought iron, aluminum, or polyvinyl chloride (PVC). Walls are to be constructed of brick, stone, textured concrete, precast concrete, tile block or similar materials as approved by the community development director or designee.

(2)

Prohibited Materials. A fence or wall may not be designed to cause pain or injury to humans or animals. Therefore, the use of spikes, broken glass, razor wire, barbed wire, electrical charge, or similar material shall be prohibited, unless specified otherwise herein.

E.

General Requirements.

(1)

All fences may be constructed up to, but not over the property or lot line.

(2)

No fence shall be erected within any street or alley right-of-way, except as a requirement by other safety codes, (i.e., atop certain retaining walls), and approved by the city.

(3)

It is the responsibility of the property owner to research any easements that may be recorded on the property.

(4)

The property owner erecting the fence is solely responsible for ensuring the fence is located on his/her property.

(5)

It is the property owner's responsibility to maintain the fence on both sides.

(6)

All fences shall conform to common construction standards and shall be maintained and kept safe and in a state of good repair.

(7)

No fence shall be constructed in the clear zone as defined in the Zoning Code.

F.

Nonconforming Fences. Any existing permitted fence within the city on the effective date of the ordinance from which this chapter is derived must be maintained, but alterations, modifications, or improvements of more than fifty percent of said fence shall require the owner to bring the fence into compliance with this section if it is not already in compliance.

G.

Height, Location and Vision Clearance.

(1)

In residentially zoned districts a maximum height of rear and side yard fence lines is six feet, and no fence line that extends beyond the front building line shall be constructed above four feet

(2)

No fence line shall be constructed in the front yard that is more than seventy-five percent solid or opaque. Clear vision must not be completely obstructed by such fence.

(3)

In commercially zoned districts a maximum height of rear and side yard fence lines is eight feet, and no fence line that extends beyond the front building line shall be constructed above six feet.

(4)

In industrial zoned districts a maximum height of ten feet. One foot of barbed wire is allowed above the top line.

(5)

Fences constructed for protection on school grounds, parks, and playgrounds, communication facilities, utility substations and natural gas facilities may be constructed to a height of no more than eight feet, excluding backstops or similar uses as determined by the development department.

(6)

Corner Lot/Intersection. No fence or wall shall be located which may obstruct vision between thirty inches and ten feet on any corner lots within a vision triangle (clear zone) of twenty-five feet.

H.

Special Fences.

(1)

Swimming Pools. Any structure intended for swimming or recreational bathing capable of containing water over twenty-four inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas. Fences are subject to the following requirements:

(a)

The fences, wall or other means of enclosure must be at least four feet in height from ground level and have no spaces that would allow a four-inch diameter sphere to pass through.

(b)

The fence, wall or other means of enclosure shall be constructed of durable materials.

(c)

Swimming pools must be located behind the front building line.

(2)

Barbed Wire and Electrical Fencing:

(a)

Agriculture land used to contain livestock or protect crops and plantings in areas containing one acre or more, barbed wire and electrical fencing are permitted subject to a minimum setback of five feet for barbed wire and ten feet for electrically charged fencing.

(b)

Any lot, parcel and/or tract of land located in an Industrial Zoned District may erect barbed wire above the top line of at least an eight-foot fence.

(c)

Fences containing barbed wire may be constructed surrounding utility facilities, wireless communication facilities, utility substations and natural gas facilities if barbed wire is located above the top line of at least an eight-foot fence.

I.

Definitions of yards. Residential front yards shall be determined as follows with respect to this section of the municipal code:

(1)

Full corner lots located in blocks containing alleys shall have the front yard opposite that of the alley location.

(2)

Full interior lots located in blocks containing alleys will have the front yard opposite that of the alley location.

(3)

Corner lots located in blocks containing alleys but not having access to the alley will have the front yard oriented toward the front of the house.

(4)

Houses located on less than full lots (less than seven thousand square feet) bordering a street and an alley will have the front yard oriented toward the front of the house.

(5)

Lots located in cul-de-sacs and on dead-end streets will have their front yards oriented to the front of the house.

(7)

Satellite "dishes" or other electronic gear used to receive electronic television signals or other communication signals shall be located either on buildings or within the side or rear yards and shall not be located within thirty feet of the curb intersection of two street lines.

(Ord. 1828 § 3, 2007; Ord. 1692 § 1, 1998; Ord. 1519 §§ 18, 19, 1990; Ord. 1482 § 1, 1989; Ord. 986 (part), 1965: prior code § 26-17.2)

(Ord. No. 2033, § 1, 11-17-22)

The front yards established in this title shall be adjusted in the following cases:

(1)

In any R or C-1 district, where forty percent or more of the frontage on the same side of a street between two intersection streets is developed with buildings that have observed a front yard greater in depth than required in this title, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings;

(2)

Where forty percent or more of the frontage on one side of the street between two intersecting streets is developed with buildings that do not have a front yard as described in subsection (1) of this section, then:

(A)

Where a building is to be erected on a parcel of land that is within one hundred feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or

(B)

Where a building is to be erected on a parcel of land that is within one hundred feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent buildings; or

(C)

Where a building is to be erected on a parcel of land that is more than one hundred feet from any building on either side, a front yard having a depth of not less than twenty-five feet shall be provided.

(3)

Interior lots abutting on two streets shall provide the required front yard on both streets;

(4)

On corner lots a front yard shall be provided on each street except on lots of record;

(5)

An unenclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten feet. An enclosed vestibule containing not more than forty square feet may project into a front yard for a distance not to exceed four feet;

(6)

Filling station pumps and pump islands may be located within a required yard provided they are not less than fifteen feet distant from any street line and not less than fifty feet distant from any R district;

(7)

In any R district no fence, structure or planting shall be maintained within thirty feet of any street intersection.

(Ord. 1397 § 9, 1984)

(Ord. No. 2042, § 3, 8-3-23)

The side yards established in this title shall be adjusted in the following cases:

(1)

Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard or court;

(2)

For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling shall be considered as one building occupying one lot;

(3)

Whenever a lot of record on July 8, 1965 has a width of less than fifty feet, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than four feet;

(4)

In all R and C-1 districts there shall be a side yard adjacent to the side street of not less than ten feet;

(5)

A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports and not less than five feet from any side lot line;

(6)

Whenever the rear yard of a corner lot of record in a C-2, C-3 or any M district abuts a residential district there shall be a side yard on the corner lot adjacent to the side street of not less than ten feet;

(7)

Whenever the rear yard of a corner lot of record in a C-2, C-3 or any M district abuts a developed interior lot with an established front yard, there shall be a side yard on the corner lot adjacent to the side street equal to forty percent of the depth of the front yard of the interior lot, but this yard shall not be required to exceed ten feet. If a side yard so established is less than four feet, no side yard is required.

(Ord. 1121 § 1, 1971: Ord. 986 (part), 1965: prior code § 26-17.4)

The rear yards established in this title shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.

(Ord. 986 (part), 1965: prior code § 26-17.5)

Where a lot of record at the time of the effective date of the ordinance codified in this title or a lot in a subdivision which the city council has officially approved and agreed to accept at the time of the effective date of the ordinance codified in this title has less area or width than required in this title in the district in which it is located, the lot may nonetheless be used for a one-family dwelling or for any other nondwelling use permitted in the district in which it is located.

(Ord. 986 (part), 1965: prior code § 26-17.6)

The regulations set forth in this section apply to all accessory building(s)/structures unless noted otherwise within this title:

(1)

No building(s) and/or structure(s) may be erected in any required front yard.

(2)

No accessory building(s) and/or structure(s) shall be constructed upon a lot within residentially zoned districts/residential properties until the construction of the main building/structure has been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.

(3)

Any accessory building(s) and/or structure(s) erected, altered or constructed within ten feet of the principal building/structure shall be considered part of and maintain the same setbacks as the principal building and/or structure. This distance is measured from the furthest architectural projection of each structure.

(4)

Accessory building(s) and/or structure(s) shall be considered along with the principal structure in regards to lot coverage. The square footage of the principal structure combined with the square footage of the accessory structure(s) shall not exceed the maximum lot coverage allowed by the district regulations.

(5)

In any residential district, a maximum of three accessory building(s) and/or structure(s) are allowed per lot as long as the maximum lot coverage is not exceeded.

(6)

The total area of all accessory building(s) and/or structure(s) whether attached or detached on any residential lot/parcel shall not exceed fifteen percent of the lot/parcel area.

(7)

Accessory building(s) and/or structures shall not exceed eighteen feet in height measured from grade to the highest peak of the roof in any residential district. A special use permit approved by the planning and zoning commissions shall be required for detached garages and/or accessory buildings that exceed eighteen feet in height measured from grade to the highest peak of the roof, in any residential district.

(8)

Accessory building(s) and/or structures shall be similar in design and roof pitch to the principal and/or surrounding residential neighborhood buildings.

(9)

Accessory building(s) and/or structures that are erected, altered, or constructed further than ten feet from the principal building and/or structure shall maintain a minimum setback of three feet from any rear or side lot line, measured from the furthest architectural projection.

(10)

Where an accessory building(s) and/or structures is facing and being entered from the alley, it must be located a minimum of ten feet from the rear property line, measured from the furthest architectural projection.

(11)

No accessory building(s) and/or structures shall be occupied for dwelling purposes.

Maximum lot coverage: the maximum lot coverage by structures in a residential district, or by residential structures in any other districts, shall not exceed forty percent of the total lot area.

(Ord. No. 1933, § 1, 12-5-13)

Editor's note— Ord. No. 1933, § 1, adopted December 5, 2013, repealed the former § 20.60.080, and enacted a new § 20.60.080 as set out herein. The former § 20.60.080 pertained to accessory structures and derived from Ord. No. 1828, 2007.

Height and area requirements shall be as specified in the following table:

_____

Notes:

Superscript references in the table above refer to the following additions and modifications to regulations. Other additions and modifications of the height and area requirements are set forth in Sections 20.60.010 through 20.60.080.

1. For buildings less than three stories in height. For three-story buildings each side yard shall be not less than eight feet.

2. For buildings less than three stories in height. For three-story buildings each rear yard shall be not less than thirty feet.

3. No side yard required for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than five feet on the side of the lot abutting the residential district. Side yards for dwellings shall be not less than five feet.

4. No side yards required except that on a lot abutting on a residential district there shall be a side yard of not less than ten feet on the side of the lot abutting the residential district and that an industrial/residential buffer shall be installed, buffers can include fencing of at least six feet in height, screening walls, landscaped berms or other dense landscaping.

5. No side yards required except on the side of the lot abutting a residential district there shall be a side yard of not less than twenty feet.

6. No rear yards required except that on a lot abutting a residential district there shall be a rear yard of not less than twenty feet.

7. Plus minimum lot area of two thousand five hundred square feet.

8. Between buildings or a building and property line. A zero-lot line between dwelling unit(s) common (interior) wall provided the building complies with all zoning codes and adopted building and fire codes.

9. Limit often dwelling units per building.

(Ord. 1377 § 2 (part), 1983)

(Ord. No. 1917, § 2, 3-15-12; Ord. No. 2042, § 4, 8-3-23; Ord. No. 2049, § 1, 6-20-24)

(a)

In all districts where residential uses are permitted, all single-family detached homes shall have a minimum width of twenty-two feet at its narrowest point at the first story for a depth of twenty-two feet exclusive of add-ons. For the purposes of this chapter, add-ons shall mean any porches, screened-in areas, extensions, mobile home pullouts and any other structure that is merely added to the original structure.

(b)

All residential structures will be provided with an approved full perimeter foundation system designed according to State Building specifications.

(c)

Manufactured housing certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) manufactured after June 15, 1976, and containing the U.S. Department of Housing and Urban Development's seal shall also meet these requirements:

(1)

Be provided with permanent electrical, gas, water and drainage connections in accordance with other applicable city regulations;

(2)

If required by the manufacturer, maintain a minimum of twenty-four inches of crawl space under the entire unit;

(3)

Have permanent steps affixed to all exits;

(4)

Be secured or anchored to an approved full perimeter foundation system as per manufacturer's specifications.

(5)

Owners of such unit must declare such real property when attached to the foundation as provided in Section 135D.26, Code of Iowa.

(6)

Unit may not be constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and may not have permanently attached to its body or frame any wheels or axles.

(7)

Unit must not have been or shall not be altered in violation of applicable codes.

(d)

Certificates of zoning compliance as required in section 20.80.020 of this Code will be issued to all nonconforming manufactured housing, mobile homes, mobile trailers or other similar types of residential occupancy types.

Dwellings or multiple dwellings that exist and are occupied on the effective date of the ordinance codified in this chapter are exempt until such time as they shall become unoccupied. At the time the dwelling or multiple dwelling become vacant they will become subject to this regulation.

(Ord. 1824 § 1, 2006; Ord. 1391 § 1, 1984)

(Ord. No. 2042, § 5, 8-3-23)