A.   Conformance Required: Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this chapter for the district in which the building or land is located.

B.   Continuing Existing Uses: The lawful use of a building existing at the time of the enactment of this title may be continued even though such use may not conform with the regulations of this title for the district in which it is located. Any use in existence at the adoption hereof which was not an authorized "nonconforming use" under previous zoning ordinances, shall not be authorized to continue as a nonconforming use pursuant to this title, or amendments hereto.

C.   Building Permits: Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building or part thereof, for which approvals and required building permits have been granted before the effective date hereof, the construction in conformance with such plans shall have been started prior to the effective date hereof and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.

D.   Exceptions And Modifications:

1.   Exceptions And Modifications Enumerated: The regulations specified in this title shall be subject to the following exceptions and interpretations:

a.   Use Of Existing Lots Of Record: In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date hereof irrespective of its area or width, and in addition, any two-family dwelling may be located on any lot or plot in any residential high density district (RH) that has lot width of not less than sixty feet (60') and is of official record as of the effective date hereof; provided, however:

(1)   The sum of the side yard width of any such lot or plot need not exceed thirty percent (30%) of the width of the lot, but in no case less than ten percent (10%) of the width of the lot for any one side yard.

(2)   The depth of the rear yard of any such lot shall not be less than twenty percent (20%) of the depth of the lot, but in no case less than ten feet (10').

b.   Structures Permitted Above Height Limit: The building height limitations related to non-single-family residential zoning districts of this title shall be modified as follows:

(1)   Operational elements of a building not intended for occupancy such as mechanical penthouses, elevator shafts, stair towers, stage towers or scenery lofts, may exceed the building height limits as provided in Chapter 7 of this title as noted below, however no element shall exceed twelve feet (12') above the measured height of the building.

(A)   Elements up to six feet (6') may be allowed with no setback from any roof edge.

(B)   Elements exceeding six feet (6'), but no higher than twelve feet (12') may be allowed if set back from any roof edge one foot (1') for each foot of height above the height limit.

(C)   Any element that does not conform with the exceptions noted in subsection D.1.b(1), may be approved by the Director of Development Services if it’s shown that without the requested exception, strict compliance with the ordinance results in a practical difficulty. A “practical difficulty” may be shown by:

(i)   Significant or unjustified expense in light of the scope of the project;

(ii)   Destruction or demolition of significant or attractive features of the structure, or similar reasons;

(iii)   Inability to achieve compliance with adopted building, fire or life safety regulations;

(iv)   Orientation or interior configuration of the structure which impacts the logical function of the intended improvement unless additional modifications are made to the layout or use of the existing or proposed structure.

(2)   Decorative architectural elements not intended for occupancy such as towers, dormers, cupolas, spires, domes, etc. may exceed the building height limits as provided in Chapter 7 of this title as noted below, however no element shall exceed twelve foot (12') above the measured height of the building.

(A)   Decorative elements may be allowed up to twelve feet (12') above the building height limit.

(B)   The total of all decorative elements that exceed the building height limit are restricted to no more than five percent (5%) of the total façade length when located at or within six feet (6') of the roof edge. Decorative elements that exceed the building height that are located more than six feet (6') from the roof edge are limited to five percent (5%) of the total roof area.

(C)   Any element that does not conform with the exceptions noted in subsection b(2), may be approved by the Director of Development Services if it’s shown that without the requested exception, strict compliance with the ordinance results in a practical difficulty. A “practical difficulty” may be shown by:

(i)   Significant or unjustified expense in light of the scope of the project;

(ii)   Destruction or demolition of significant or attractive features of the structure, or similar reasons;

(iii)   Inability to achieve compliance with adopted building, fire or life safety regulations;

(iv)   Orientation or interior configuration of the structure which impacts the logical function of the intended improvement unless additional modifications are made to the layout or use of the existing or proposed structure.

(3)   Public, semipublic or public service buildings, hospitals, sanatoriums or schools, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), and churches and temples, when permitted in a district, may be erected to a height not exceeding seventy five feet (75') if the building is set back from each property line at least one foot (1') for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

(4)   The exceptions noted above do not apply to building mounted equipment for communication antennas, towers and flag poles. Those elements must follow the height limit provisions for the respective equipment as noted in Title 9.

(5)   Building mounted renewable energy generation equipment may exceed the building height limitations but must still meet the specific height limit provisions for the equipment as noted in Title 9, Chapter 14.

(6)   The height of any building, tower, sign or any attachment to any structure shall not exceed maximum elevations as delineated within chapter 13 of this title and prescribed for each airport hazard and height (overlay) zone unless a variance is granted through proper procedures as specified in this title.

c.   Area Requirements: In any district, and for building purposes, where either public water, public sanitary sewer or both of the aforementioned are not available, the minimum lot area and frontage requirements shall be:

(1)   All lots, except those of ten (10) acres or more, shall be provided with access and connections to public water mains.

(2)   Any lot or lots which cannot be reasonably served by a public sanitary sewer system shall have a minimum frontage of one hundred twenty five feet (125') and an area of not less than forty thousand (40,000) square feet, or the minimum permitted by this title, whichever is larger, for the district of which said parcel is a part.

d.   Double Frontage Lots: Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.

e.   Exceptions To Yard Requirements: Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building.

f.   Exceptions To Prohibited Uses: The city council may, by special permit after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this title:

g.   Improvements Undertaken by the City:

2   Special Permit Approval: Before issuance of any special permit for any of the above buildings or uses, the city council shall refer the proposed application to the city planning and zoning commission, which commission shall be given forty five (45) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the planning and zoning commission has been filed; provided, however, that if no report is received from the planning and zoning commission within forty five (45) days, it shall be assumed that approval of the application has been given by the said commission. (Ord. 430, 8-11-1969; amd. Ord. 614, 7-10-1978; Ord. 652, 4-14-1980; 1993 Code; Ord. 1289, 3-9-1998; Ord. 2411, 4-20-2020; Ord. 2457, 12-21-2020; Ord. 2527, 7-5-2022)

A.   Purpose:

1.   The city of West Des Moines intends that buildings and structures, and the uses of land, buildings, and structures which do not comply with the regulations provided in this title for the district in which the structure, building, use, or land is located eventually will be discontinued, removed, or replaced. The purpose of this section is to provide regulation of nonconforming buildings, structures, and uses and to specify conditions or circumstances where those nonconforming buildings, structures, or uses shall be permitted to continue.

2.   Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or part thereof declared to be unsafe by the appropriate authority.

3.   To be a legal nonconforming structure, building, lot, or use, the same must have been lawfully established on or before the effective date of this title and must have been in active use. The provisions of this section also shall apply to buildings, structures, uses of buildings or structures, or uses of land which hereafter become nonconforming due to the adoption of this title, amendments thereto, or rezonings.

4.   Landowners shall bear the burden of proof to show that a lot, use of land, structure, use of structure, or characteristic of use of land that is nonconforming with the current zoning ordinances in force on the subject land comes under one or more of the exceptions to the zoning requirements provided in this section and that such otherwise nonconforming lot, use of land, structure, use of structure, or characteristic of use of land was lawfully established on the subject property. Conformity or nonconformity runs with the land, not with the owner.

B.   Five Basic Categories Of Nonconformity Are Recognized:

1.   Nonconforming lots of record: These lots were legal when they were subdivided but do not meet the current requirements for width, depth, area, access, or other requirements.

2.   Nonconforming use of land: These are land uses that would not be permitted under current regulations, but which were established before the regulations went into effect.

3.   Nonconforming structures: These are buildings or structures that were legal at the time they were constructed, but encroach into the current yard setbacks or exceed the current height or area limitations.

4.   Nonconforming uses of structures: These are uses of buildings or land and buildings that would not be permitted under current regulations but which were established before the regulations went into effect.

5.   Nonconforming characteristics of use: This is a category that covers nonconformities to the parking, landscaping, signage or other requirements not covered by the other categories.

C.   Provisions:

1.   Nonconforming Legal Lots Of Record:

a.   If two (2) or more lots or combinations of lots and portions of lots with continuous street frontage in single ownership are of record as of the effective date of this title, or amendments thereto, and if all or part of the lots do not meet the requirements for lot width and area as established by this code, the lands involved may be considered to be an undivided parcel for the purposes of this title, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements of this title. If such lots or parts of lots are to be considered an undivided parcel, the owner will be required to either replat the lots in question or to legally tie the lots together by recording a lot tie form with the appropriate county recorder.

b.   The use of existing legal lots of record will be governed by the provisions of subsection C1a of this section and all applicable regulations for the district in which the lot is located.

2.   Nonconforming Building Or Structure:

a.   A nonconforming building or structure lawfully established on or before the effective date of this title may be maintained although it does not conform to the area, height, yard, open space, landscaping, or visual clearance provisions of this title, except as otherwise provided in this section.

b.   Repairs and nonstructural alterations may be made to a nonconforming building or structure, for ordinary maintenance repairs including internal and external painting, decorating, paneling, and the repair or replacement of doors, windows, nonbearing walls, fixtures, heating components, wiring, plumbing, roofing or other nonstructural components provided that the cubic content or the footprint of the building or structure as it existed prior to the effective date of this title or subsequent amendment of this title is not increased. (See Accessory Structures Chapter in this title for provisions for reconstruction of a non-conforming fence.)

c.   A nonconforming building or structure shall not be structurally altered or enlarged in any manner except to bring the structure in conformance with all regulations of the district in which it is located. (See Accessory Structures Chapter in this title for provisions for reconstruction of a non-conforming fence.)

d.   A nonconforming building or structure shall not be moved in whole or in any part to any other location on the lot or another lot unless every portion of such building or structure is made to conform to all the regulations of the district in which it is or will be located.

e.   The nonconforming use of a nonconforming building may be changed to a use permitted within the district in which the building is located upon the approval of a site plan or permitted conditional use permit.

f.   Nonconforming accessory uses and structures will be treated under this section subject to the provisions governing the principal nonconforming uses, buildings, and structures set forth in this section.

g.   Where nonconforming use status applies to a building and land in combination removal or destruction of the building shall eliminate the nonconforming status of the land.

3.   Nonconforming Use Of A Building Or Structure:

a.   A nonconforming use of a building or structure lawfully established on or before the effective date of this title, may be continued although it does not conform with the use provisions of this title, except as otherwise provided in this section.

b.   Repairs and nonstructural alterations may be made to a building or structure which contains a nonconforming use for ordinary maintenance repairs including internal and external painting, decorating, paneling, and the repair or replacement of doors, windows, nonbearing walls, fixtures, heating components, wiring, plumbing, roofing or other nonstructural components provided that the cubic content or the footprint of the building or structure as it existed prior to the effective date of this title or subsequent amendment of this title is not increased.

c.   When a building or structure contains a nonconforming use, structural alterations and additions only are permitted when the use of the entire building or structure is changed to a use which conforms to all of the regulations of the district in which it is located. Exception will be made for single-family residential structures located in nonresidential zones. For those cases, alterations or additions may be made so long as the bulk and setback regulations are met for the zone in which the residential structure is located and no additional dwelling units are constructed. Exception will also be made for existing legal, nonconforming agricultural buildings and structures not located in the agricultural/open space (OS) zoning district. For those cases, the building or structure may be expanded by up to twenty percent (20%) of its current size so long as expansion complies with all standards for the agricultural/open space (OS) zoning district and with all other pertinent codes and regulations existing at the time of expansion.

d.   The non-conforming use of a building or structure may be changed to a use of the same classification, a less intense use of the same classification, a use of a different classification which is of the same or lesser intensity, or to a conforming use for the district in which the building or structure is located. Where a nonconforming use of a building or structure is changed thusly, it shall not thereafter be changed to another non-conforming use of a more intense nature in that classification or in any other classification. A request to change a nonconforming use to a use of the same or lesser intensity within the same classification, or to a use of the same or lesser intensity within a different classification will be evaluated by the Director of Development Services and will be allowed if there is no or only a negligible increase in vehicular traffic, no change in the general hours of operation, no increased demand on public services, no known increase in the impact of noise, odor or light on adjacent developed properties, and no enlargement, expansion or material change in the building or structure itself. A material deviation of one or more of these factors as determined by the Director of Development Services will prohibit a non-conforming change in use.

e.   A building or structure containing a nonconforming use shall not, in any manner, be extended, expanded, or relocated in whole or in part to any location unless the use of the entire building or structure is changed to a use which conforms to all of the regulations of the district in which it is located. The nonconforming use of a part of a building or structure shall not be expanded within that building or structure.

(1)   Except for the provisions in subsection C8 of this section, an exception will be made for single-family residential structures located in nonresidential zones. For those cases, alterations or additions may be made so long as the bulk and setback regulations are met for the zone in which the residential structure is located and no additional dwelling units are constructed.

(2)   If a single-family residential structure located in a nonresidential zone is altered or enlarged as provided in subsection C3e(1) of this section, such alteration or enlargement shall exempt adjacent landowners from further buffering requirements for the benefit of the altered or enlarged property.

(3)   Except for the provisions in subsection C8 of this section, an exception will be made for existing legal, nonconforming agricultural buildings and structures not located in the Agricultural/Open Space (OS) Zoning District. For those cases, the building or structure may be expanded by up to twenty percent (20%) of its current size so long as expansion complies with all standards for the Agricultural/Open Space (OS) Zoning District and with all other pertinent codes and regulations existing at the time of expansion.

f.   In any building or structure where a nonconforming use existed, in whole or part of the building or structure, is discontinued, becomes vacant or otherwise unoccupied for a continuous period of one year or more must thereafter be occupied by a use which conforms to the regulations of the district in which the building or structure is located.

g.   Where nonconforming use status applies to a building and land in combination, removal or damage greater than fifty percent (50%) of assessed value of the building shall eliminate the conforming status of the land.

4.   Nonconforming Uses Of Land:

a.   Nonconforming uses of land where no building is involved, and which use is lawfully established prior to the effective date of this title, may be continued, except as otherwise provided for in this section.

b.   Land which contains a nonconforming use, which does not have a building or structure thereon, may be maintained or repaired including gravel, paving, surfacing, fences, screening, or drainageways, provided that the amount of land devoted to such use which lawfully existed as of the effective date of this title, is not increased.

c.   A nonconforming use of land shall not, in any manner, be expanded or extended on the same lot.

d.   If a nonconforming commercial, office, industrial or multi-family use of land or any portion thereof is discontinued for one year or is proposed to be changed, any future or proposed use of such land shall be in conformance with the provisions of this title.

e.   Single family detached residential uses in non-single family residential designated areas may be permitted upon application to the Director of Development Services. The Director, or designee, may approve the permit if all of the following criteria are met:

(1)   That the applicant provide clear and convincing evidence that a single family residence existed on the parcel any time within the past fifteen (15) years from date of application.

(2)   That the parcel is the same size and configuration as when the house existed.

(3)   That no subdivision of the parcel is proposed or has been done to create a lot for the residential dwelling.

(4)   That the properties immediately adjacent have not been developed in accordance with the current land use and zoning.

(5)   That only one single family detached dwelling will be constructed on the parcel.

(6)   That the property owner executes an acknowledgement which will be recorded with the respective county and which includes the following provisions:

(A)   Legal description provided by the property owner.

(B)   That the dwelling will be constructed a minimum of one hundred feet (100') from the parcel’s boundaries, including from the ultimate rights-of-way of adjacent streets.

(C)   That accessory structures will be set back a minimum of fifty feet (50') from the parcel’s boundaries and that no accessory structure will be constructed in the front yard as defined in this title. Two (2) detached accessory structures or less, not to exceed a combined total of one thousand (1,000) square feet regardless of size of the property will be located on the property.

(D)   That no buffer will be required between an adjacent property and the subject parcel at time of development of the adjacent properties. If desired, the burden of providing a buffer lies with the property owner of the subject parcel upon which the single family dwelling is constructed.

(E)   A note of the Comprehensive Plan land use designation and zoning district of the subject property.

(F)   Comprehensive Plan land use designation and zoning district of the adjacent properties is clearly identified.

(G)   That if future utility infrastructure is to cross the property, an easement for the utility will be granted if the exact alignment is known. If future utility infrastructure is anticipated to cross the property but the exact alignment is unknown, agreement that an easement for the utility shall be granted at such time the alignment is determined. Acknowledgement that no structures will be constructed within an anticipated easement area.

(H)   That development of the property for non-single family residential uses may not occur until the single-family residential use ceases.

(I)   That no commercial activity will be allowed on the parcel unless one of the following applies:

(i)   A home occupation permit approval is granted for a qualifying activity; or

(ii)   With site plan and building permit approval the dwelling is converted to a commercial structure that complies with current codes and regulations, including allowed uses as specified in the Zoning Code for the applicable zoning district.

(J)   That the rebuilding and expansion provisions for single-family residential property in non-residential zones of this section applies to the subject parcel.

(K)   That the burden lies with the property owner to notify potential buyers of these provisions.

5.   Nonconforming Characteristics Of Use:

a.   Nonconforming characteristics of use due to changes in zoning provisions including, but not limited to, parking requirements, signs, landscaping, lighting, building materials, buffering, which generally are addressed in development approvals will be addressed at the time a submittal is made to the City for modification to the development.

b.   Nonconforming characteristics of use which are in evidence because of failure to comply with the conditions of approval for a development will be subject to Code enforcement actions available to the City to address the nonconformity and bring the development into compliance with this Code or the conditions of its approval.

6.   Reconstruction/Replacement:

a.   Reconstruction or Replacement Construction means any work where alterations exceed the definition of “Repairs and Nonstructural Alterations” as defined in subsection C.2.b of this section or where more than fifty percent (50%) of the existing structure is being replaced. Replacement Construction shall meet the requirements of New Construction.

b.   Where a nonconforming building or structure is damaged or destroyed by catastrophe or act of God to the extent equaling fifty percent (50%) or more of its total assessed value, it shall not be reconstructed except in conformance with the regulations of the district in which it is located. Exception will be made for lawfully established nonconforming fences as stated in Section 9-14-11 of this Code.

c.   Where an otherwise conforming building or structure containing a nonconforming use is damaged by catastrophe or act of God to the extent equaling fifty percent (50%) or more of its total assessed value, it may be reconstructed to comply with all regulations, including use, of the district in which it is located. An otherwise conforming building or structure containing a nonconforming use damaged to the extent less than fifty percent (50%) of its assessed value may be reconstructed provided that the nonconforming use as it existed prior to the damage is not increased or enlarged and provided that the reconstruction commences within one hundred eighty (180) days of the damaging incident and is diligently pursued to its completion.

d.   Exception will be made for lawfully established nonconforming fences as stated in Section 9-14-11 of this Code.

e.   Except for the provisions in subsection C8 of this section, an exception will be given to single-family detached residential uses in nonresidential districts, where the residential building or detached accessory structure is damaged by catastrophe or act of God. Reconstruction of the structure or building shall be permitted provided that there is no increase in the number of dwelling units. The reconstruction of the building or structure will comply with all residential standards for the comparable district in which the structure or building was first constructed or a comparable residential district, as determined by the director of development services, and with all other pertinent codes and regulations existing at the time of reconstruction. Reconstruction must begin within one hundred eighty (180) days or the use will be deemed discontinued, abandoned, or vacated.

f.   Except for the provisions in subsection C8 of this section, an exception will be given to existing legal, nonconforming agricultural buildings and structures not located in the agricultural/open space (OS) zoning district, where said building or structure is damaged by catastrophe or act of God. Reconstruction of the structure or building shall be permitted provided that the square footage of the structure or building is not enlarged or increased beyond twenty percent (20%) of its predamaged size. The reconstruction of the building or structure will comply with all standards for the agricultural/open space (OS) zoning district and with all other pertinent codes and regulations existing at the time of reconstruction. Reconstruction must begin within one hundred eighty (180) days or the use will be deemed discontinued, abandoned, or vacated.

7.   Other Exceptions:

a.   Exceptions may be granted upon application of a variance request to the board of adjustment for nonconforming uses to be allowed in structures, buildings or land which were established on or before the effective date of this title, provided that the use is appropriate to the design, special equipment, and intent of such a building or structure; the board is convinced that the use is of benefit and is appropriate to the neighborhood; that the traffic generated is similar or less than that generated by the existing nonconforming use; that the structure, or the structure and land in combination, cannot reasonably or economically be used for a conforming purpose; that the use will not be detrimental to the existing character of development in the immediate neighborhood; that the use will not endanger the public health, safety, or general welfare; and that the use is consistent with the comprehensive plan.

b.   For existing legal, nonconforming residential garages which do not conform to current standards regarding side yard setback and/or size only, the nonconforming garage may be rebuilt in a rear yard with the same nonconforming size and/or side yard setback or at a minimum side yard setback of three feet (3'), whichever is greater, within one hundred eighty (180) days of its destruction, provided that the area of nonconformity is not increased and that in all other regards the garage meets accessory structure standards and regulations.

c.   For existing nonconforming detached single-family uses, up to two (2) detached accessory structures not to exceed one thousand (1,000) combined square feet may be permitted.

d.   The acquisition of a portion of an otherwise conforming lot by the city or by the city for the benefit of a governmental agency under eminent domain proceedings or by agreement under threat of eminent domain proceedings shall not cause such an otherwise conforming lot to become nonconforming under this title.

e.   Except for the provisions in subsection C8 of this section, an exception will be given to existing legal, nonconforming agricultural buildings and structures not located in the agricultural/open space (OS) zoning district. Reconstruction or replacement of the structure or building shall be permitted provided that no other nonconformity is increased, and the building square footage is not enlarged or increased by more than twenty percent (20%) of its current size. The reconstruction of the building or structure shall comply with all other standards for the agricultural/open space (OS) zoning district and with all other pertinent codes and regulations existing at the time of reconstruction. Reconstruction must begin within one hundred eighty (180) days or the use will be deemed discontinued, abandoned, or vacated.

f.   Except for the provisions in subsection C8 of this section, an exception will be given to existing legal, nonconforming single-family detached residential buildings and detached accessory structures located in nonresidential zoning districts. Reconstruction or replacement of the structure or building shall be permitted provided that there is no increase in the number of dwelling units. The reconstruction of the building or structure shall comply with all residential standards for the comparable district in which the structure or building was first constructed or a comparable residential district, as determined by the director of development services, and with all other pertinent codes and regulations existing at the time of reconstruction. Reconstruction must begin within one hundred eighty (180) days or the use will be deemed discontinued, abandoned, or vacated.

8.   Flood (Overlay) District:

a.   For any structure or use of a structure or land made nonconforming by the adoption of a flood (overlay) district, such use may be expanded, enlarged, altered or changed in any way which does not increase its nonconformity if:

(1)   The structure or use is not nonconforming with respect to any underlying zoning district.

(2)   The alteration does not represent an addition or repair exceeding fifty percent (50%) of the value of the structure at the time the structure became nonconforming by virtue of this subsection, unless the structure or use is permanently changed to a conforming use. In the case of the above stated fifty percent (50%) valuation rule such shall be measured on a cumulative basis rather than evaluating each alteration independently against the maximum variation.

(3)   Nothing in this subsection shall be construed to prevent normal and necessary maintenance or upkeep of any use made nonconforming by virtue of a Flood (Overlay) District. (Ord. 1599, 9-13-2004; amd. Ord. 1869, 6-1-2010; Ord. 2246, 9-5-2017; amd. Ord. 2475, 6-7-2021; Ord. 2570, 7-5-2023; Ord. 2631, 9-16-2024)

A.   Front Yard:

1.   Unless provided elsewhere within this title or defined within a planned unit development (PUD) or specific plan ordinance (ZCSP), in any district in which residential dwellings are allowed, there shall be a minimum front yard depth required as stated in the yard requirements for the particular district; provided, however: a) any replat in any Residential District adjacent to an existing plat with dwellings located thereon, the front yard depth for the lots in the replat shall not be less than the smallest front yard depth of existing dwellings located within two hundred feet (200') of the replat, but in no event shall the front yard depth be less than the smallest front yard depth of the existing dwelling immediately adjacent thereto which fronts on the same side of the street; b) no front yard depth of any existing lot without a dwelling shall be less than the smallest front yard depth of any lot with existing dwelling immediately adjacent thereto and within two hundred feet (200') fronting on the same side of the street. (Ord. 2333, 12-26-2018)

B.   Corner Lots:

1.   For corner lots platted after the effective date hereof, the street side yard shall be equal in width to the minimum required side yard for the district in which it is located, plus twenty feet (20'); i.e., for a minimum required side yard of ten feet (10') the street side yard shall be not less than thirty feet (30'); provided, however, this regulation shall not be interpreted as to require a side street yard of greater width than the minimum required front yard width.

2.   For corner lots platted after the effective date hereof, the minimum required lot width shall be increased by an amount not less than twenty feet (20') so as to allow for the additional required street side yard, i.e., for a minimum required lot width of sixty feet (60'), the minimum width of a corner lot shall be not less than eighty feet (80').

3.   On corner lots platted and of record at the time of the effective date hereof, the same regulations shall apply except that these regulations shall not be so interpreted as to reduce the buildable width of the corner lot facing an intersecting street and of record or as shown by existing contract of purchase at the time of the effective date hereof, to less than twenty eight feet (28') nor to prohibit the erection of an accessory building.

4.   On any corner lot, the depth of a front yard or side street yard abutting a "major street" shall be measured from the proposed right-of-way lines shown on the official major street plan. (Ord. 430, 8-11-1969)

C.   Required Yard Cannot Be Reduced: No lot shall be reduced in size so as to make the width or total area of the lot, or any yard, or any other open space, less than the minimum required by this title. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this title shall be included as a part of a yard or other open space required under this title for another building or structure. Off street parking and loading areas may occupy all or part of any required yard or open space except as specified in subsection 9-19-8I of this title. (Ord. 1859, 2-22-2010)

D.   Building Lines On Approved Plats: Whenever the plat of a land subdivision approved by the City Council and on record in the Office of the County Recorder and County Auditor shows a setback building line along any frontage for the purpose of creating a front 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 title unless specific yard requirements in this title require a greater setback. (Ord. 430, 8-11-1969)

A.   The intent and purpose of this section is to establish the regulations regarding the installation of public sidewalks and pathways in the City to ensure the orderly and harmonious development of a Citywide sidewalk system in existing and new developments in such a manner as to provide a comprehensive sidewalk system that will safeguard the public's health, safety and general welfare.

B.   Notwithstanding any other provisions of this Code, all dwellings, nonresidential buildings and uses, whether occupied or unoccupied, shall have, after adoption hereof, a permanent sidewalk built for the entire width and/or length of the lot or lots upon which the dwelling, nonresidential building or use is located, and the sidewalk(s) shall be built for the entire width and/or length of all sides of any lot or lots which abut a public or private street or roadway.

1   Public Sidewalks: Sidewalks and pathways along public streets shall be installed on both sides of a roadway in accordance with design standards as adopted by the city.

2   Private Sidewalks:

a   Adjacent to Private Streets and Interior Vehicular Roadways: Sidewalks shall be installed on both sides of a private roadway or an interior vehicular roadway in accordance with design standards for public sidewalks except that said sidewalks shall be allowed to be located a minimum of five feet (5') from the edge of the roadway.

b   Adjacent to Parking: Sidewalks and pathways immediately adjacent to head-in parking are not required to be located five feet (5') from the curb edge; however, if the sidewalk or pathway is located immediately adjacent to the curb, said sidewalk width must be increased to a minimum of six feet (6') to accommodate vehicle bumper overhang while still providing a minimum of four feet (4') of clear pedestrian pathway.

C.   At such time that eighty percent (80%) of a plat or subdivision is developed, the property owner(s) of any undeveloped parcels, upon written notification by the City, shall install the required sidewalk(s) on their property within one hundred twenty (120) days of the notification by the City. After expiration of the one hundred twenty (120) day period, the City may take any legal action necessary to proceed with the installation of the sidewalk(s) and assess the cost of the installation and any legal expenses, as allowed by law, as a lien against the property.

D.   In the event that no grade has been set or there is no curb and gutter on the street or roadway upon which the sidewalk(s) is to be placed, the Council may defer the sidewalk requirement on application of the affected property owner(s) and upon the affected property owner(s) signing an agreement to install such a sidewalk(s) within one hundred twenty (120) days after the property owner(s) has been notified that a curb and gutter has been installed and/or that the grade has been set. The agreement shall be verified and placed on record in the Office of the County Recorder of the applicable county, and shall be a covenant running with the land, and shall be binding upon the heirs, assigns, and successors of the property owner.

E.   At the discretion of the City Council, the installation of any required sidewalk(s) may be deferred or waived when an off street bike/pedestrian trail has been identified on the comprehensive plan or on the trail’s master plan adjacent to the subject property. In the event that the sidewalk installation is deferred or waived, the property owner shall provide assurances, acceptable to the City, for the cost equivalent to the cost of installing the public sidewalk(s), that can be combined with other funding sources available to the City, for the installation of the off street bike/pedestrian trail.

F.   When the strict application of standards or requirements established by this section would cause substantial hardship or impose unreasonable restrictions regarding the installation of a sidewalk(s) because of natural or physical conditions or limitations not created by the property owner, at the request of an applicant, developer, or property owner, the City Council may grant such deferrals and/or waivers from these standards or requirements as may be necessary. At such time when the conditions or limitations are eliminated, the property owner(s) will be required to install such sidewalk(s) within one hundred twenty (120) days after written notification by the City.

G.   Any waiver or deferral that is granted by the City Council shall be recorded by the City as a matter of public record at the Office of the County Recorder of the applicable county.

H.   The enforcement of this section shall be by special assessment pursuant to division IV of Iowa Code chapter 384. (Ord. 1178, 4-22-1996; amd. Ord. 2527, 7-5-2022; Ord. 2589, 12-4-2023)