Mounds City Zoning Code

(a)

No land or building shall be used and no building, structure, or improvement shall be made, erected constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, except as provided by article VI of this chapter.

(b)

In order to avoid undue hardship:

(1)

Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit was lawfully issued prior to the effective date of the ordinance from which this chapter is derived, and pursuant to such permit, construction is diligently carried to completion. Upon completion such building or use shall be deemed nonconforming and may continue as regulated by article VI of this chapter.

(2)

At any time within two years after the effective date of the ordinance from which this chapter is derived a building permit and zoning clearance permit may be issued or a use of land commenced in accordance with the terms and conditions of a or variance granted by the board of adjustment prior to the effective date of the ordinance from which this chapter is derived.

(Code 2001, § 17.36.010; Ord. No. 7-1988-1, § 204, 1988)

A lot shall not hereafter be divided into two or more lots, unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which located and comply with the town's subdivision regulations.

(Code 2001, § 17.36.020; Ord. No. 7-1988-1, § 205, 1988)

No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of 25 feet of frontage on a public street or dedicated right-of-way, except a substandard lot of record, or a lot within an approved planned unit development.

(Code 2001, § 17.36.030; Ord. No. 7-1988-1, § 206, 1988)

Not more than one residential structure may be located on a lot in an RS district except in the case of a lot which is within an approved planned unit development.

(Code 2001, § 17.36.040; Ord. No. 7-1988-1, § 207, 1988)

The following structures shall not be subject to the height limitations of the district in which they are located:

(1)

Farm buildings and structures.

(2)

Belfries, chimneys, cupolas, domes, elevators, penthouses, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy.

(3)

Ground and structure-supported accessory antennas and aerials, including elevating structures (poles and towers), which do not exceed a total aggregate height of 60 feet above the natural land grade and which meet the following requirements:

a.

No portion of the antenna, aerial, elevating structure or any anchor or guy line may encroach upon the land area or airspace of any adjoining or abutting property;

b.

In a residential district, no portion of the antenna, aerial, elevating structure, or any anchor or guy line, may extend beyond the front yard building setback line or extend into any established front yard or into any side yard; provided that:

1.

Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any city, county, state or federal governmental entities;

2.

Non-guyed, omni-directional, single-element vertical antennas not exceeding 112 inches in height, and not exceeding 1¾ inches outside diameter shall be permitted in addition to the 60-foot aggregate height limitation,

3.

The restrictions established by this section may be modified by board of adjustment special exception approval, subject to the minimum requirements for special exception approvals and such additional safeguards and conditions as may be imposed by the board of adjustment.

(Code 2001, § 17.36.050; Ord. No. 7-1988-1, § 220, 1988)

Except for fire protection and ambulance service, the lot area and width requirement of the zoning districts shall not apply to the uses included within Use Unit 4, public protection and utility facilities.

(Code 2001, § 17.36.060; Ord. No. 7-1988-1, § 230, 1988)

(a)

Compliance with yard requirements. Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building for the purpose of complying with the provisions of this chapter shall not be considered the yard for any other building and yards provided for a lot shall not be considered the yard of any other lot.

(b)

Permitted yard obstructions. Obstructions are permitted in required yards as follows:

(1)

Cornices, canopies, eaves and similar architectural features may project not more than two feet into a required yard.

(2)

Fire escapes may project not more than 4½ feet into a required yard.

(3)

Fences, hedges, plant materials and walls may be located in any yard, provided that on any corner lot on which a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstruct sight lines at elevations between two feet and six feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and side lot lines and connecting the points so established to form a "sight triangle" on the area of the lot adjacent to the street intersection.

(4)

Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.

(5)

In the RS residential districts, a detached accessory building or buildings may be located in a required rear yard provided:

a.

The building or buildings do not cover more than 20 percent of the area of the minimum required rear yard; and

b.

The total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and or both, does not exceed 500 square feet.

(6)

Swimming pools, tennis court, patios, fallout and other protective shelters shall be located in the rear yard and shall have a minimum setback of ten feet from any side yard or rear lot lines.

(7)

Mobile home hitches.

(8)

Carports by special exception requiring board of adjustment approval.

(9)

Customary accessory structures, such as clotheslines, barbecue pits, and playground equipment.

(c)

Use of yards in R districts. No inoperative or unlicensed motor vehicles shall be parked or stored within the front or exterior side yard in R district. No vehicle without a current license tag shall be parked except on a hard-surfaced area constructed of a dust free all-weather material.

(Code 2001, § 17.36.070; Ord. No. 7-1988-1, § 240, 1988)

(a)

Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:

(1)

If the proposed building is to be located more than 200 feet from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

(2)

If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

(3)

If the proposed building is to be located within 200 feet of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard setback of the two nearest front corners of the encroaching buildings.

(4)

If the proposed building is to be located within 200 feet of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building.

(b)

Provided, however, that in the application of subsection (a)(3) or (a)(4) of this section, the front yard or building setback shall not be reduced to less than five feet plus one-half of the width of the right-of-way width designated on the major street plan for the abutting street or five feet plus one-half of the width of the dedicated street right-of-way, whichever is greater, or five feet plus 25 feet if the street is not designated on the major street plan.

(Code 2001, § 17.36.080; Ord. No. 7-1988-1, § 241, 1988)

(a)

Specifications. For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is established for the initiation and continuance of particular uses in such instances as may be hereinafter designated. When the provisions of this chapter require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:

(1)

Shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation;

(2)

Shall not be less than six feet in height;

(3)

Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance;

(4)

Shall be erected prior to the occupancy of the building or initiation of the use required to screen; and

(5)

Shall be of the type of materials compatible with the surrounding area.

(b)

Maintenance. The screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after notice by the building inspector shall constitute an offense hereunder.

(c)

Modification of the screening wall or fence requirements. The board of adjustment, as a variance may:

(1)

Modify or remove the screening requirement where existing physical features provide visual separation of uses;

(2)

Modify the screening requirement where an alternative screening will provide visual separation of uses;

(3)

Grant an extension of time to erect a screen where properties which are to be benefitted by the screen are undeveloped; and

(4)

Remove the screening requirement where the purpose of the screening requirement cannot be achieved.

(Code 2001, § 17.36.090; Ord. No. 7-1988-1, § 250, 1988)

For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows:

For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to the planning commission for their review and recommendation, approved by the board of trustees, and filed in the office of the county clerk where the property is situated; provided, however, that the board of trustees, pursuant to their exclusive jurisdiction over subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat.

(Code 2001, § 17.36.100; Ord. No. 7-1988-1, § 260, 1988)

The town's street and highway plan, hereafter referred to as the "major street plan," is adopted by the board of trustees.

(Code 2001, § 17.36.110; Ord. No. 7-1988-1, § 270, 1988)