The district regulations hereinafter set forth in this article qualify or supplement, as the cause may be, the district regulations appearing elsewhere in this Ordinance.

110.01.   Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding eighty (80) feet, and churches and temples may be erected to a height not exceeding one hundred (100) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

110.02.   Single-family and two-family dwellings where permitted may be erected to a height of not more than fifty (50) feet when the side yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet but they shall not exceed three (3) stories in height.

110.03.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, television antennas, or necessary mechanical appurtenances, may be erected to a height exceeding that for the district in which located. Provided, however, that in "R-1", "R-2" and "C" Districts approval therefore must first be obtained from the City Council. Prior to such approval, written reports shall be submitted by the Chief of the Fire Department and the Building Inspector.

110.04.   Accessory buildings may be built in a required rear yard but such accessory buildings shall not be nearer to any side lot line that the required distance of the main building or the main use of the premises to which the accessory building is incidental.

110.05.   Whenever a lot abuts upon an alley, one-half of the width of the alley may be considered as a portion of the required rear yard.

110.06.   Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches.

110.07.   Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a rear yard not more than five (5) feet, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Inspector.

110.08.   Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such districts.

110.09.   Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work as determined by the Building Inspector.

110.10.   More than one (1) industrial, commercial, or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use regulations.

110.11.   Whenever a lot or tract in and "R-1" or "R-2" district, legally platted for record on passage of the 1977 Ordinance, contains an area less than the minimum area otherwise prescribed under the Intensity of Use provisions of this Ordinance, the front yard, side yard, rear yard and minimum dwelling ground area requirements therefore shall be proportionally reduced.

The purpose of this section is to prescribe uniform procedures allowing for approval of changes to the boundaries of parcels between owners or adjacent parcels of land or to remove one or more common property lines and combine two ormore parcels into one.

Such adjustments shall be reviewed administratively as follows:

1.   For requests to combine parcels in all zones except R1-A, the process shall be:

a)   A written request to combine parcels is made to the Public Works department and shall be accompanied by the following:

(1)   A deed with a boundary survey showing the appropriate conveyance to complete the boundary line adjustment.

(2)   A site plan drawn to scale shoing the boundaries and dimensions of the parcels, utility easement, buildings/structures, and access (proposed or existing) for all parcels involved including adjoining properties.

(3)   A legal description of the new parcel resulting fromt he boundary line adjustment.

(4)   A fully executed Restrictive Covenant and Agreement Not to Sever.

b)   The Public Works department will call a Planning & Zoning Comission meeting.

c)   The Planning & Zoning Commission will meet and make a recommendation on the application.

d)    The Public Works department will present the Planning & Zoning Commission's recommendation to City Council.

e)   City Council will consider the recommendation and make a determination. If City Council approves the request, it sill do so by resolution, but either way, it shall provide its determination to the applicant in writing.

f)   The applicant will provide the resolution and supporting documentation to the Scott County Auditor.

2.   For requests to combine parcels in R1-A zonming, the process shall be:

a)   A written request to cvombine parcels is made to the Public Works Department. The written request must be accompanied by:

(1)   a deed with a boundary survey showing the appropriate conveyance to complete the boundary line adjustment.

(2)   A site plan drawn to scale showing the boundaries and dimensions of the parcels, utility easments, buildings/structures, and access (proposed or existing) for all parcels involved including adjoinign properties.

(3)   A legal description of the new parcel resulting from the boundary line adjustment.

(4)   A fully exectued Restrictive Covenant and Agreement Not to Sever.

b)   Requests will be reviewed by the Public Works department who shall approve or deny applications based upon the boundary survey and other relevant information upon determination that all resulting parcels meet the requiremetns of the zoning title and that all resulting parcels have access to an adjoining public roadway by actual road frontage or easement.

c)   If the Public Works department finds that the proposed boundary line adjustment complies with th all reuqiremetns in this section, the boundary line adjustment shall be approved in writing.

d)   The applicant will provide the Public Works department's written decision and suporting documentation to the Scott County Auditor.

e)   If the Public Works department finds that the proposed boundary line adjustment does tno comply with all requiremetns in this section, the boundary line adjustment shall be denied. Such denial shall be issued in writing and shall state how the proposed boundary line adjustment does not conform to all adopted codes and standards. Decisions of denail may be appealed to the Zoning Board of Adjustment pursuant to Article XII of this Code.

Should any official of the City of Riverdale, such as the Planning & Zoning Commission, City Council, or Public Works department, determine that engineering review is required, the Ctiys hall refer the application tothe City's engineer of record, and any charges incurred shall be billed to the applicant and must be paid in full before a decision is rendered.

The maximum number of lots that may be combined in R1-A zoning is two; for all other zones, there is no maximum number of lots that may be combined. For all other zones, lots may not be combined more than once.

The maximum acreage of combined lots is 1.5 acres. Requests to combine lots resulting in a total acreage of more than 1.5 acres will not be considered.

1.   Classification of Variance.

a)   Reasonable accommodation variances are variances to any requirement of this Code required by state or federal law based on the special needs of the occupant.

b)   An applicant must specifically designate a request for a reasonable accommodation variance in the application.

2.   Variance Standards. The reviewing authority may grant a variance from the requirements of this Code, except as expressly prohibited, if it is established that:

a)   The applicant and proposed use meet the qualifications for applicability under a state or federal law that may require the City to waive, adjust, or reasonably accommodate land use regulations.

b)   The requested variance is necessary to comply with state or federal law requirements for adjustment, waiver, or reasonable accommodation of land use regulations, e.g., federal Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act, Religious Land Use and Incarcerated Persons Act.

c)   The variance is the minimum necessary to comply with the applicable state or federal law.

3.   Notice of Duration of Reasonable Accommodation Variances: Expiration.

a)   Notice of the condition(s)/event(s) that would terminate the reasonable accommodation variance shall be recorded in the County deed records.

b)   Reasonable accommodation variances that allow use of a lot not otherwise permitted by this Code but required under state or federal law shall expire upon termination of the occupancy of the lot by the activity, use, or individual/entity qualifying for the use variance under state or federal law.

c)   Reasonable accommodation variances relating to the placement of the structure, the dimensional standards of the lot, or other variances relating to the structure (other than to the use of the structure), shall expire when:

1)   the portion of the structure that received the variance is 60% or more damaged or is destroyed and

2)   occupancy of the lot by the activity, use, or individual/entity qualifying for the variance under state or federal law has ceased.