1.   Fences, Walls, and Vision Clearance.

      A.   On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half and 10 feet above the centerline grades of the area described as follows: that area bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines 25 feet from the point of intersection of said right-of-way lines.

      B.   No fence shall be constructed without prior approval of a building permit in accordance with Chapter 156 of this Code of Ordinances. All permit fees shall be in accordance with the fee schedules as established by resolution of the Council.

      C.   In any residential district, a fence or wall not exceeding 42 inches in height and not greater than 50 percent opaque is permitted within the limits of front yards.

      D.   In any district, fences and walls not exceeding six feet in height are permitted within the limits of interior side and rear yards, with the exception of double frontage lots. Fences and walls in required rear yards of double frontage lots and in the required street side yards of corner lots shall not exceed 42 inches in height, shall be no greater than 50 percent opaque, and shall not be set back less than a distance of 15 feet from the property line, provided location does not intrude into a required buffer.

      E.   In any industrial district, a fence not exceeding eight feet in height is permitted within the limits of rear yards and interior side yards.

      F.   In the case of retaining walls supporting embankments, the above requirements shall apply only to that part of the wall above the ground surface of the retained embankment. (This provision does not apply to nursing homes or convalescent homes as herein defined.)

      G.   Acceptable materials for fences in all yards shall include wrought iron and similar decorative steel, wood, vinyl, polymer, decorative masonry components as approved by the Building Official, or other material approved by the Council. Additional acceptable materials for fences in rear yards and interior side yards only shall also include chain link and vinyl-clad chain link. Unacceptable materials shall include woven wire, barbed wire and electrical fencing.

      H.   No fences shall be placed in or across easements or in such a manner as to restrict drainage. Fences may be permitted within required buffers if specifically approved by the Building Official.

      I.   Temporary snow fences shall be permitted from November 1 through April 1 of each year without a permit.

      J.   On residentially-zoned lots 3.0 acres in size or greater and having a minimum of 200 linear feet of frontage to a public street and no more than one residential building on said lot, residential estate fences shall be permitted within the limits of front yards or street side yards subject to the following:

         (1)   Residential estate fences shall be a maximum of eight feet tall with the exception of decorative individual posts or columns which shall be a maximum of nine feet tall.

         (2)   Residential estate fences shall maintain a consistency of 50 percent open space for the full length of said fence. This calculation shall be provided by the applicant in conjunction with the building permit and shall consider all materials including posts, columns, structural supports and fabric.

         (3)   Residential estate fence fabric material shall be wrought iron, powder-coated steel or similar decorative metal. Chain link fences of any type are prohibited.

         (4)   Residential estate fence columns or posts shall be no closer than eight feet on center. Said columns or posts shall be of permanent construction materials, such as brick or stone; or shall be of wrought iron, powder-coated steel or similar decorative metal to match fence fabric. Concrete block or cast-in-place concrete may be used for structural purposes only.

         (5)   Residential estate fences shall not be constructed within the vision triangle bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines 25 feet from the point of intersection of said right-of-way lines.

         (6)   All columns, posts, footings and appurtenances shall be entirely located on private property.

         (7)   Upon the platting or replatting of a lot, the newly platted lots will be required to meet the then current fence ordinance.

      K.   On agriculturally-zoned parcels 10 acres in size or greater, farm fences shall be permitted within the limits of front yards or street side yards subject to the following:

         (1)   Farm estate fences shall be a maximum of four feet tall.

         (2)   Farm fences shall maintain a consistency of 50 percent open space for the full length of said fence. This calculation shall be provided by the applicant in conjunction with the building permit and shall consider all materials including posts, columns, structural supports and fabric.

         (3)   Acceptable materials for only farm fences shall be woven wire, barbed wire (no more than three strands per section), electric fence (no more than one strand per section), chain link, vinyl-clad chain link, wrought iron and similar decorative steel, wood, vinyl, polymer, decorative masonry components as approved by the Building Official, or other material approved by Council.

         (4)   Farm fences shall not be constructed within the vision triangle bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines 25 feet from the point of intersection of said right-of-way lines.

         (5)   All columns, posts, footings and appurtenances shall be entirely located on private property.

         (6)   Upon the platting or replatting of a parcel, the newly-platted lots will be required to meet the then-current fence ordinance.

   2.   Street Frontage Required. Except as may be permitted herein, no lot shall contain any building used for single-family dwelling purposes unless the lot abuts for at least 20 feet on a public street, and no lot shall contain any building used for duplex or multiple-family dwelling purposes unless the lot abuts for at least 40 feet on a public street. On plats filed after January 1, 2003, the minimum frontage distance for single-family dwellings shall increase to 40 feet.

   3.   Accessory Buildings and Structures. No accessory building shall be erected in any required yard other than a side or rear yard, except as provided herein. Accessory buildings shall be set back at least five feet from rear lot lines and alley lines, and at least five feet from lot lines of adjoining lots, and on a corner lot they shall conform to the setback regulations on the side street as required by the zoning district’s development regulations. Accessory buildings may be erected as a part of the principal building or may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with. An accessory building which is not a part of the principal building shall not occupy more than 30 percent of the required rear yard and shall not exceed 16 feet in average height; however, this regulation shall not be interpreted to prohibit the construction of a garage up to 440 square feet in size on any rear yard that meets the minimum setbacks for the accessory structure. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.

      A.   Public garages providing storage capacity for more than five motor vehicles or in which motor vehicles are repaired for compensation shall not have an entrance or exit for motor vehicles within 50 feet of any “R” district, or within 100 feet of the entrance or exit of any previously existing public or private school, playground, public library, church, hospital or children’s institutions.

   4.   Mechanical Units. In any residential district, air conditioning compressor-condensers or other mechanical units may be located in any side yard and in any rear yard, provided that: (i) in any side yard adjacent to a street, they shall not be placed more than five feet from the principal structure and shall be screened from the street by a solid fence or plantings; and (ii) in any permitted yard other than a side yard adjacent to a street, the compressor-condenser for any unit of five-ton capacity or more shall not be located within 25 feet of any lot line and a compressor-condenser with less than five-ton capacity shall not be located within five feet of any lot line unless screened therefrom by a solid fence or plantings. In any commercial or industrial district, air conditioning compressor-condensers may be located in any yard adjoining a street if screened therefrom by a solid fence or plantings. Air conditioning compressor-condensers may be located in any side yard which does not adjoin a street and any rear yard, unless the adjoining lot is located in a residential district in which case the residence district regulations shall apply. The bottom edge of required screening in any district shall be no more than six inches above the ground, and the upper edge shall extend not less than one foot above the top of the compressor-condenser.

   5.   Yards. 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 side or rear yard, and except for the ordinary projections of skylights, sills, belt courses, fireplace doghouses, cornices and ornamental features projecting not to exceed 12 inches. Steps may encroach into any yard; however, decks, unenclosed balconies and porches may encroach into rear yards only. Where drainage, slope, or soil conditions necessitate the need for a restrictive easement on a plat the City Council, upon recommendation of the Planning and Zoning Commission or City Engineer, may require rear or side yards on said plat to be established based on a measurement from the easement line rather than the property line.

   6.   Corner Lots. For corner lots or reverse corner lots, the street side yard shall be equal in width to the front yard setback or to the setback regulation of the adjoining lots to the rear having frontage on the intersecting side street, whichever is less. Exceptions to these requirements, if any, are as stipulated in Section 165.16.

   7.   Double Frontage Lots. Building on through lots extending through from street to street shall provide the required front yard on both streets. Exceptions to these requirements, if any, are as stipulated in Section 165.16.

   8.   Mixed-Use Yard Requirements. In instances where buildings are erected containing two or more uses housed vertically, the required side yards for the first floor use shall control.

   9.   Home Occupations.

      A.   Purpose. The regulations of this chapter dealing with home occupations are designed to protect and maintain the residential character of the neighborhood, while permitting certain limited commercial activities which have traditionally been carried out in a residential dwelling. The use of the dwelling unit for a home occupation shall be clearly incidental to and subordinate to its use for residential purposes by its occupants.

      B.   Definition of Home Occupation; Representative Activities. Permitted home occupations include, but are not limited to, the following lists of activities; provided, however, each permitted home occupation shall be subject to the limitations hereinafter set forth, and to all other regulations applicable to the district in which it is located:

         (1)   Facilities used by a physician, surgeon, dentist, lawyer, clergyman, or other professional person, for emergency consultation or treatment, but not for the general practice of such person’s profession.

         (2)   Providing instruction to no more than four students at a time.

         (3)   Daycare or babysitting of no more than five nonresident children.

         (4)   Studio of an artist, photographer, craftsman, writer or composer.

         (5)   Renting of rooms by a resident owner to no more than two roomers.

         (6)   Millinery, dressmaking, tailoring, canning, laundering, and similar domestic service activities.

      C.   Limitation on Home Occupation Activities. Wherever, in this chapter, home occupation activities are authorized in any zoning district, such activity may only be undertaken subject to the following limitations, unless otherwise specified:

         (1)   No person who is not a member of the immediate family and residing on the premises shall be employed in the activity on the premises.

         (2)   The activity shall be conducted entirely within the principal dwelling unit or in a permitted accessory building.

         (3)   The activity shall not involve any outside storage nor in any way create, outside the building, any external evidence of the operation, including signage.

         (4)   No alteration of a building shall be made which changes the character and appearance thereof as a residential building.

         (5)   No more than 25 percent of floor area of the principal building shall be devoted to the home occupation.

         (6)   No mechanical, electrical, or other equipment shall be used except of a type normally used on a residential premise.

         (7)   No activity shall be permitted which is noxious, offensive, or hazardous by reason of pedestrian or vehicular traffic, or by creation of noise, odor, refuse, heat vibration, smoke, radiation, or any other objectionable emissions, or by interference with televisions, or radio reception.

   10.   Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Zoning Commission and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard, rear yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.

   11.   Open Space. Yards or other open space provided around any building for the purpose of complying with the provisions of this chapter shall not be considered as providing a yard or open space for any other building. The lot area per family shall not be reduced in any manner except in conformity with the area regulations herein established for the district in which such building is located. In addition, the minimum total land area devoted to open space in the R-2A, R-3, R-4, C-1, C-2, C-3, C-4, M-1, and M-2 zoning districts only shall not be less than 15 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped areas, interior or exterior malls, pedestrian walks and ornamental structures, when part of the landscaping theme. Open space shall not include structures or buildings, off-street parking areas, loading areas and access drive. Any owner subject to the requirements of this subsection may make application to the Planning and Zoning Commission for a variance from the same. The Commission shall consider and make recommendation to the Council on the application and variances will be granted only if the owner demonstrates to the satisfaction of the Commission and Council that application of the open space requirements set forth in this subsection work a peculiar hardship on the owner. A “peculiar hardship” means that the owner’s property is so situated that an insufficient amount of land is available to accommodate the open space requirements given the nature of the proposed development and which makes the proposed development unfeasible. No peculiar hardship will be determined to exist where the proposed use of the property could accommodate the open space requirements when compared to the space required or actually used in connection with other similar uses in the Des Moines Metropolitan area.

   12.   Temporary Buildings. Temporary buildings, camping trailers, tents, portable or potentially portable structures shall not be used for dwelling purposes in any district. Camping trailers for overnight use are excluded from the above requirement. All temporary buildings require a building permit and shall be inspected. Temporary buildings shall not be utilized for a period exceeding six months. The Council may approve exceptions for public use.

   13.   Lots of Record. Any lot of record prior to March 25, 1996, which is located in any residence district and which does not comply in area and/or minimum dimensions with the requirements of the district in which it is located may be used for a single-family structure, provided that all setback and other requirements of this chapter are complied with, and that the owner of such lot did not directly or indirectly have legal title to or enjoy the beneficial interest in the lot or lots contiguous thereto on the effective date of this chapter. No building permit shall be issued for construction on any substandard lot, which lot was of record prior to March 26, 1996, if said lot is adjacent and contiguous to another lot which at the time of the adoption of this chapter was in the same ownership or whose ownership had beneficial interest in said lot, unless said lots are combined into one lot meeting the requirements of the zoning district which is applicable.

   14.   Merchandising in Front Yard. No merchandise shall be offered for sale or rent or be displayed or stored in the required front yard in any commercial or industrial district, provided, however, that dispensing devices for motor fuel, air and water shall be permitted if they are set back at least 12 feet from the property line.

   15.   Manufactured or Modular Homes. Notwithstanding any other provision in this chapter, the plans and specifications of a proposed residential structure shall not be denied solely because the proposed structure is a manufactured or modular home. However, the manufactured or modular home shall be located and installed according to the same standards which would apply to a site-built single-family dwelling on the same lot. This would include, but not be limited to, a foundation system, setback, and minimum square footage.

   16.   Recreational Vehicles. Recreational vehicles shall not be used for human occupancy in any district for more than 72 hours unless occupied continuously for three months prior to January 1, 2003. Recreational vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any lot other than in completely enclosed buildings.