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HomeMy WebLinkAbout2019-07-14-301.261 §301.26.Exceptions, Modifications and Interpretations. A. Structures Permitted Above Height Limit. No permit will be issued for any structure above district height limits, except as specifically approved by the City Council. B. Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets. C. Rear and Side Yards Adjacent to Alleys. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens to an alley, one half (1/2) of the alley width may be included as a portion of the rear or side yard as the case may be. D. Other Exceptions to Yard Requirement. 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 rear yard, and except for ordinary projections not to exceed twenty-four (24) inches, including roof overhang. E. Front Yard - Exceptions. In areas where some lots are developed with a front yard that is less than the minimum required for the district by this Ordinance or where some lots have been developed with a front yard greater than required by this Ordinance, the following rule shall apply. Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of two hundred (200) feet measured from building to building, except as follows: 1. Buildings located entirely on the rear half of a lot shall not be counted. 2. No buildings shall be required to have a front yard greater than fifty (50) feet. 3. If no building exists on one side of a lot within two hundred (200) feet of the lot in question, the minimum front yard shall be the same as the building on the other side. F. Zoning of Annexed Areas. Any land annexed to the City after the effective date of this Ordinance shall be zoned "A-1" Agricultural until the Zoning Commission and City Council shall have studied the area and adopted a final zoning plan for the area in accordance with Section 301.31 of this Ordinance. G. Exceptions to Prohibited Uses. The City Council of Waukee, Iowa, 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 Ordinance. 2 Notice of time and place of hearing shall be given to all affected property owners at least ten (10) days in advance of hearing by placing notice in the United States Mail. 1. Any public building erected and used by any department of the city, township, county, state or federal government. 2. Airport or landing field. 3. Community building or recreation center. 4. Hospitals, non-profit fraternal institutions provided they are used solely for fraternal purposes, and institutions of an educational, religious or philanthropic character, provided that the building shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height but not less than the yard requirements for the district in which located. 5. Public cemetery. Before issuance of any special permit for any of the above buildings or uses, the City Council shall refer the proposed application to the 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 of use above referred to until and unless the report of the Zoning Commission has been filed; provided, however, that if no report is received from the Zoning Commission within forty-five (45) days, it shall be assumed that the approval of the application has been given by the said Commission. H. Use of Existing Lots of Record. In any district where dwellings are permitted, a single family dwelling may be located on any lot of record as of the effective date of this ordinance irrespective of its area or width; provided however: 1. The sum of the side yard widths of any such lot or plot shall not be less than twenty (20) percent of the width of the lot, but in no case less than ten (10) percent of the width of the lot or five (5) feet, whichever is greater, for any one side yard. 2.The depth of the rear yard of any such lot need not exceed twenty (20) percent of the depth of the lot, but in no case less than twenty (20) feet. 3 I. Water and Sewerage Requirements. In any district in which residences are permitted, except the A-1 and AR Districts, and where neither public water supply nor public sanitary sewer is available, the minimum lot area and frontage requirements shall be as follows: 1.Lot area – twenty thousand (20,000) square feet: lot width at building line-one hundred (100) feet; provided, however, that where a public water supply system is available these requirements shall be fifteen thousand (15,000) square feet, and one hundred (100) feet respectively. 2.The above requirements shall not apply in subdivision developments, providing private common water supply and sewage collection and disposal systems, which have been approved by the Iowa Department of Natural Resources. 3.In all districts where a proposed building, structure or use will involve the use of private sewage facilities, and public sewer and/or water is not available, the sewage disposal system and domestic water supply shall comply with all of the requirements and standards of the Dallas County Board of Health.