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West Burlington City Zoning Code

165.22 ADDITIONAL

REQUIREMENTS, EXEMPTIONS AND MODIFICATIONS.

1.   The regulations specified previously in this Ordinance shall be subject to the following additional requirements, exemptions, and modifications.
2.   Height Limits. Height limitations stipulated elsewhere in this Ordinance shall not apply for the following:
   A.   Barns, silos, or other agricultural structures, provided these are not less than 50 feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than 4 feet above the limiting height of the building. However, if, in the opinion of the Building Inspector, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the Board of Adjustment.
   B.   Places of public assembly such as houses of worship, schools, and other permitted public and semi-public buildings shall not exceed 6 stories or 75 feet in height, provided that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its front side and rear yards shall be increased in width or depth by an additional foot over the front side and rear yards required for the highest building otherwise permitted in the district.
   C.   Bulkheads, conveyors, derricks, elevator penthouse, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the Board of Adjustment.
3.   Front Yard Exemptions and Modifications.
   A.   Structures of projections into front yards may be permitted as follows:
      (1)   Front porches, provided that no porch, open-air or enclosed, may extend further than 5 feet beyond the minimum front setback line of the District in which it is located.
      (2)   Bay windows or balconies that project no further than 3 feet, and occupy no more than 1/3 of the length of the front wall. These projections shall not extend beyond either side wall of the building foundation
      (3)   Overhang features such as belt courses, leaders, sills, and pilasters, provided they extend no greater than 3 feet above the roofline, or 5 feet from the front wall of the building foundation
      (4)   Chimneys or flues
   B.   Contextual Setback. In any Residential District, when new development occurs within a block where front yard setback is consistently less or greater than the required minimum, the new development shall be allowed to use a ‘contextual setback’ for the front yard.
      (1)   In a contextual setback arrangement, the front setback of the new dwelling shall be anywhere between the average setback of the adjoining lots, and that which has the deepest of the two.
      (2)   In the case of a corner lot, the contextual setback shall apply to the adjoining lot and that which immediately follows. In such a case, the new front yard shall be anywhere between the average depth of those two, and the depth of the adjoining lot.
      (3)   When two adjacent lots in the middle of a block are developed simultaneously, and the existing dwellings on adjoining lots have an uneven setback, there are two options: 1) the setbacks of both new dwellings shall be equivalent to the average setback of the two existing dwellings, or 2) the setbacks of the two new dwellings shall be staggered, to create a gradual transition from the setback of one dwelling to the next, as indicated below:
 
4.   Side Yard Exemptions and Modifications.
   A.   When a side yard abuts a District boundary line, if the requirements of the adjacent District are more restrictive than those of the District in which the lot is contained, the width of the side yard shall not be less than that required in the adjacent District. Where a lot in an Industrial or Business District abuts a lot in a Residential District, the side yard shall be increased by 3 feet for each story that the building exceeds the height limit of the adjacent Residential District.
   B.   When a lot is narrower than the width specified for the District in which it is located, and the lot of record existed prior to the establishment of this Ordinance, side yard width may be reduced by 3 inches for every foot less than the width required in the District.
   C.   Side yards may be measured to the center line of adjoining alleys, but when a side yard is required, no building or structure shall be erected within 5 feet of such alley.
   D.   For corner lots, the side yard facing the side street shall be functionally considered a front yard, subject to the same required setback as the actual front yard.
      (1)   For corner lots of between 50 and 60 feet in width, the minimum side yard setback shall be 20 feet from the side street lot line.
      (2)   For corner lots of less than 50 feet in width, the minimum side yard setback for principal or accessory buildings shall be 13 feet from the side street lot line.
   E.   Structures or projections into the side yard may be permitted as follows:
      (1)   Fire escapes, at least 3 feet from the side lot line.
      (2)   Bay windows or balconies that project no further than 3 feet, and occupy no more than 1/3 of the length of the side wall. These projections shall not extend beyond either the front or rear wall of the building foundation
      (3)   Overhang features such as belt courses, leaders, sills, and pilasters, provided they extend no greater than 3 feet above the roofline, or more than 1.5 feet from the side wall of the building foundation
      (4)   Terraces, steps, open-air porches, stoops, or similar features, provided they are at least 3 feet from a side lot line, and not situated higher than the ground floor of the building.
      (5)   Chimneys and flues.
5.   Rear Yard Exemptions and Modifications.
   A.   When a lot of record predates the enactment of this ordinance, and has a depth of less than 100 feet, the depth of the rear yard may be reduced by 3 inches, for every foot that the lot depth is below 100; provided that:
      (1)   No rear yard shall be less than 10 feet deep, regardless of circumstance
      (2)   The building is not higher than 2 ½ stories.
      (3)   The owner of the lot does not own the adjoining property to the rear.
   B.   Structures or projections into rear yards may be permitted as follows:
      (1)   Fire escapes, projecting no further than 6 feet.
      (2)   Bay windows or balconies that project no further than 3 feet, and occupy no more than 1/2 of the length of the rear wall. These projections shall not extend beyond either side wall of the building foundation.
      (3)   Overhang features such as belt courses, leaders, sills, and pilasters, provided they extend no greater than 3 feet above the roofline, or more than 1.5 feet from the rear wall of the building foundation.
      (4)   Chimneys and flues