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Polk County Unincorporated
City Zoning Code

DIVISION 710

SUPPLEMENTARY DISTRICT REGULATIONS

Sec. 710.01.- Prohibited Uses.

In all districts, unless a use is specifically permitted, it is prohibited.

Sec. 710.02. - Temporary Buildings.

Temporary buildings and trailers shall not be allowed in any district except when utilized for construction site contracting work. Requests to utilize a temporary building pending completion of a permanent building may be granted a Special Land Use Permit (SLUP) by the Planning Commission for a period not to exceed 1 year. Utility hookups to temporary buildings must be screened from view through fencing or landscaping subject to the discretion of the Planning and Zoning Director. Temporary structures associated with seasonal sales at an individual lot may be approved by the Planning and Zoning Director once per calendar year for a period no longer than 45 consecutive days, subject to concurrence by the Fire Marshal and Public Works Director.

Sec. 710.03. - Requirements for Moving a Building.

No dwelling unit or other permanent structure shall be moved within or into the County unless it is first approved by the Planning and Zoning Director who shall verify that it meets all the zoning standards of the district in which the structure will be located. The Public Works Director shall represent the County in all manners pertaining to the actual relocation of the structure.

Sec. 710.04. - Fences and Walls.

In all cases the finished side shall be to the exterior.

A.

In all zoning districts, except I-1 and I-2:

1.

Fences or walls in any yard fronting a public/private street shall not exceed 6 feet in height and shall not be constructed within 2 feet of a public right-of-way. Fences or walls in any rear yard abutting a public/private street shall not exceed 6 feet in height and shall not be constructed within 2 feet of a public right-of-way.

2.

Fences or walls located in side yards of residentially zoned properties between the street and the front edge of the house shall not exceed 6 feet in height and shall not be constructed within 2 feet of a public right-of-way.

3.

In all other instances, fences and walls shall be no more than 8 feet in height and shall not be constructed within 2 feet of a public right-of-way.

B.

Fences or walls located on property zoned I-1 or I-2 shall have a maximum height of 8 feet and shall not be constructed within 2 feet of the public right-of-way. However, industrially zoned properties that are located on arterial or collector streets are restricted to a 6-foot fence or wall in any yard fronting a street and shall not be constructed within 2 feet of a public right-of-way.

C.

When this article [division] requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary use structure. Telecommunications towers are not subject to the requirements set forth in Section 710.04, but must meet all requirements listed in Section 712.07. Retaining walls are not subject to the requirements of Section 710.04. All properties must also be in accordance with Section 716.04.

D.

All swimming pools shall be enclosed by a fence having a height of not less than 5 feet with a self-closing, self-latching gate unless otherwise approved by the Planning and Zoning Director.

Sec. 710.05. - Buffers.

Buffer areas required by this article [division] shall be established and maintained by the property owner and must:

A.

Be landscaped and maintained as a planted area with trees, shrubs, flowers, grass, stone, rocks, and other landscaping materials.

B.

Not be used for parking or contain any structure other than a fence or drainage improvement required by the County. Access through a buffer is allowed provided it is perpendicular to the buffer only and is designed so as to cause the least amount of intrusion possible. Bike paths and greenways are excluded from these restrictions.

C.

Utilize and preserve the natural topography and growth of the land except that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased or dangerous vegetation. Up to 20% of the required buffer may be cleared for utilization as a slope easement where required to prevent soil erosion subject to the approval of the Planning and Zoning Director who shall determine the minimum area necessary for said easement and the replanting schedule to be followed upon completion of the improvements.

D.

Required buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to.

E.

Buffers need not be established in those instances in which a street separates zoning districts.

Sec. 710.06. - Fire Safety Requirements.

Accessibility for fire equipment on hard surfaced sub-base (subgrade plus an asphalt first layer or bound crushed stone) shall be maintained through all stages of construction from the time framing begins. Minimum width of private access driveways within a development, excluding parking, shall be 20 feet and the minimum turning radius shall be 35 feet. Fire hydrants and water service shall be installed to within 300 feet of units under construction before proceeding with framing.

Sec. 710.07. - Storage.

Exterior storage yards (excluding vehicles for sale or lease) shall not be permitted in any districts except the C-1, I-1 and I-2 districts. Exterior storage yards shall be enclosed by an opaque fence not less than 6 feet in height (except where otherwise stated and approved by the administrator) to provide visual screening. Such use is subject to the following:

A.

The regulations of the applicable zoning district.

B.

No open storage of wrecked or nonoperative automobiles and trucks, except for junkyards as set forth in the I-2 district.

C.

No parts or waste materials shall be stored outside any building.

Sec. 710.08. - Bulk Sanitation Containers.

Bulk sanitation containers shall not be located within a detached single-family district. They are limited to rear or side yards and must be located in such a manner as to be screened from view from the public right of way. No bulk container shall be located within 50 feet of a structure utilized for detached single family residential purposes. The Planning and Zoning Director may provide for an exemption from this requirement when conditions cannot be met. In such cases, the property owner or tenant may submit a plan for the Director's approval. Such plan may include provision for an alternative container utilizing appropriate screening such as a nontransparent fence not less than 6 feet in height with a gate which will open in full to allow service.

Sec. 710.09. - Substandard Lots of Record.

No substandard lot of record may be developed without approval by the Planning Commission or, if applicable, permission of the Planning and Zoning Director.

Sec. 710.10. - Density Calculations.

Residential density standards determining the number of families, individuals, dwelling units or housing structures per unit of land shall be calculated from all the land within the boundaries of the area excluding wetlands and floodplain areas.

Sec. 710.11. - Height Requirements Exceptions.

In all but single-family residential districts, height limitations stated in this article [division] shall not apply to:

A.

Farm structures, belfries, cupolas and domes, monuments, chimneys and smokestacks;

B.

Bulkheads, elevator penthouses, water tanks and heating and air conditioning units, provided that such structures shall not cover more than 25 percent of the total roof area of the building on which such structures are located.

Sec. 710.12. - Corner Lots.

Corner lots which adjoin 2 or more public streets shall provide the required front setback along that street upon which the structure faces provided said frontage's length is at least 75% [of] that of the longest frontage. The required major side setback shall be provided on all other street frontages not deemed the front setback. All corner visibility regulations shall be met.

Sec. 710.13. - Double Frontage Lots.

Lots which adjoin a public street in the front and rear shall provide the minimum required front yard on each street, except where such lot adjoins a limited access facility which provides no access to the lot.

Sec. 710.14. - Projections Into Yards.

A.

An open unenclosed porch or hard surfaced terrace, steps, stoops, and similar fixtures of a building may project into a required setback no more than 50% of that established by the zoning district.

B.

Fences, walls and hedges over 3 feet in height may not be established within 15 feet of a right-of-way intersection unless approved by the Public Works Director. In residential districts fences in front yards are restricted to 6 feet in height.

Sec. 710.15. - Electrical and Communications Equipment on Building Exteriors.

All electrical service equipment, telephone or cable service equipment, or any other such equipment attached to the exterior of any structure shall be located to the side or rear of the structure and in no case shall be attached to any building face which abuts a street or other public right-of-way or is visible from such street or right-of-way.

Sec. 710.16 - Subdivision lot width to depth restriction.

In the R-1, R-2 and A-1 Zoning Districts, no lot of 10.0 acres or less shall have a width to depth ratio greater than 1:5. Example: A 125 foot wide lot may be no deeper than 625 feet in the named zoning districts.

(Amd. Of 5-10-2005(1))