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ORDINANCE NO. 57
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROLAND, IOWA, 2003, BY
AMENDING PROVISIONS PERTAINING TO CHAPTER 165, ZONING REGULATIONS.
BE IT ENACTED
by the City Council of the City of Roland, Iowa:
SECTION 1.
SECTION MODIFIED. Section 165.01 of the Code of Ordinance of
the City of Roland, Iowa, 2003 is repealed and the following adopted in
lieu thereof:
165.01
DEFINITIONS
1.
"Accessory Use" means a structure that is not used, nor intended to be
used, for living or sleeping by human occupants.
2.
“Accessory Structure” means a subordinate building located on the same
lot with the main building, occupied by or devoted to, an accessory
use. When an accessory structure is attached to the main building by a
common wall or breeze-way that provides entry to the principal building
or a continuous foundation, such accessory building shall be considered
part of the main building.
Renumber
2-4 as 3-5
6.
“Beginning Construction” means that construction is considered “started”
upon approval of the building permit.
Renumber 5
as 7
8.
“Carport” means a roofed structure proving space for the parking of
motor vehicles and enclosed on not more than three (3) sides. For the
purpose of this ordinance a carport attached to a principal building
shall be considered a part of the principal building and is subject to
all yard requirement therein.
Renumber 6
as 9
10. “Deck”
means any flat-floored, roofless structure, accessible at or from above
grade, adjoining or directly adjacent to a building and attached to the
ground.
Renumber
7-13 as 11-17
18. “Entry
Way or Landing” means a way to enter the front of a principal
residential building, most likely in the form of an uncovered staircase
or steps. The entry way or landing will not be included as part of the
principal residential building if its total size is less than 30 square
feet.
Renumber
14-16 as 19-21
22.
“Fence” means a structure more than 18 inches in height, erected as a
barrier for separating or enclosing all or a portion of a field, yard,
or other adjoining real property, or for the purpose of preventing
intrusion or straying.
Renumber 17
as 23
24.
"Height" means the vertical distance from the finished floor to the
peak.
Renumber
19-34 as 25-40
41. “Patio”
means a surfaced area directly adjacent to a principal building at or
within the main floor area grade of the building and not
covered by a permanent roof.
42. “Porch”
means a roofed open area, which may be screened, usually attached to or
part of and with direct access to or from a building. Once the
area is enclosed with building materials, other than screen, it
becomes a room.
43.
“Principal Building” means a building, including covered porches, decks,
carports, and attached garages, in which is conducted the principal
use of the lot on which it is situated. In any residence district
the main dwelling unit shall be deemed to be the principal building
on the same lot.
Renumber
35-36 as 44-45
46. “Sight
Triangle Area” means the portion of a corner lot lying within a triangle area formed by measuring back along the property lines
adjacent to the intersecting streets and/or alley to a point on
each property line 20’ from the intersection of said property and then connecting the two points thus establishing a third line.
Renumber
37-54 as 47-64
65. "Yard,
Rear" means a space extending across the full width of the lot between
the principal building or any projections thereof, other than
uncovered steps less than 30 square feet, and the rear lot line,
and measured perpendicular to the building to the closest point
of the rear lot line. Such rear yard is unoccupied and unobstructed from
the ground upward except as may be permitted elsewhere
herein. On all lots, the rear yard shall be in the rear of
the front yard.
Renumber
56-57 as 66-67
SECTION 2. SECTION
MODIFIED. Section 165.03 of the Code of Ordinances of the
City of Roland, Iowa, 2003, is repealed and the following adopted in
lieu thereof:
165.03
FEES ESTABLISHED. The Council shall, from time to time establish by resolution, fees for the issuance of building permits. No
application for a building permit shall be considered filed
with the Clerk unless and until said application is accompanied by
the fee, as established by resolution of the Council and as required
herein.
SECTION 3. SECTION
MODIFIED. Section 165.04(3) of the Code of Ordinances of the
City of Roland, Iowa, 2003, is repealed and the following adopted in
lieu thereof:
165.04
LOT REQUIREMENTS.
3.
Structures or projections into the side yards may be permitted as
follows: fences, plantings or walls not over six feet (6’) above
the average natural grade.
SECTION 4. SECTION
MODIFIED. Section 165.06, first paragraph only, of the Code
of Ordinances of the City of Roland, Iowa, 2003, is repealed and the
following adopted in lieu thereof:
165.06
HEIGHT REQUIREMENTS. All structures shall not exceed the height requirements established for the zoning district in which the
structure is located, except as modified herein. Height limits
established in Section 165.13 through 165.18 shall not apply:
SECTION 5. SECTION
MODIFIED. Section 165.07 of the Code of Ordinances of the
City of Roland, Iowa, 2003, is repealed and the following adopted in
lieu thereof:
165.07
RESIDENCE REQUIREMENTS.
1. Except
as provided in Section 165.20, no dwelling shall be located in a zoning
district in which such a dwelling is not a permitted use.
Delete 3.
Renumber
4-7 as 3-6
SECTION 6. NEW
SECTIONS. The Code of Ordinances of the City of Roland, Iowa,
2003 is amended by adding the new Sections, 165.08 and 165.09, entitled
ACCESSORY BUILDINGS, STRUCTURES, AND USES and FENCES, WALLS, HEDGES AND
PLANTINGS, which are herby adopted to read as follows:
165.08
ACCESSORY BUILDINGS, STRUCTURES, AND USES
1. Storage
Buildings.
A. Storage buildings less than 96 square feet will not be required to
obtain a building permit, but will be
required to comply with all set back and yard
requirements listed
below.
B. Storage buildings greater than 96 square feet will be considered an
accessory building and will be
required to obtain a building permit and shall comply with all
set back and yard requirements listed below.
2.
Accessory Buildings and Structures.
A. All accessory buildings shall be required to obtain a building permit
and comply with all set back and yard
requirements.
B. No accessory building or structure shall be erected in any front
yard.
C. No accessory building or structure shall be constructed upon a lot
until construction of the
principal building has been finished, and no accessory building
shall be used unless the principal building on the
lot is also being used. Accessory buildings may not to
be used for dwelling purposes.
D. Accessory buildings or structures may be erected as part of the
principal building, or may be connected
thereto by a common wall or breeze-way that provides entry into the principal
building or by a continuous foundation, provided
all yard requirements for a principal
building are complied with.
E. In any residence district, R-l, R-2, R-3, no accessory building shall
be erected in any yard other than the
rear yard, except as provided for in this section, and it shall occupy less than 40% of the rear yard
with a maximum of 1000 square feet. If more
than one lot is being used the percentage shall be computed on the combined size of the lots.
F. Accessory buildings shall be limited to 15 feet in height with the
sidewalls not exceeding 10’ in
height, and shall be distanced at least 5 feet from all lot lines of
adjoining lots which are in any "R"
District, 6 feet from any other building or structure on the same lot and at least
6 feet from alley lines, except that when any entrance to an accessory building faces
the alley, the accessory building shall be
at least 20’ from any alley line.
G. A carport or garage for a residence may be in a side yard, provided
that a full required side yard is
provided between the garage or carport and the side lot line,
and the garage or carport is at least 6
feet from any existing building on the same lot.
H. Accessory buildings exceeding 440 square feet in area shall be
constructed of new materials that are
the same or similar to the principal building. Fabric and
plastic construction materials are
prohibited. The roof pitch shall be substantially
the same as the pitch of the roof of the
principal building. The use of old truck boxes or railroad cars is prohibited.
3. Entry
Ways, Porches, Patios and Decks
A. Open, screened or enclosed porches shall be considered part of the
principal building and shall comply
with the front yard setback requirements. Steps are not
considered part of the principal
building and may extend up to 5 feet into the front yard.
B. Entry ways or landings less than 30 square feet are not considered
part of the principal building and
may extend up to 5 feet into the front yard. Entry ways or landings in excess of 30 square feet
shall be considered part of the principal building and shall comply with all
the front yard setback requirements.
C. Patios and Decks, whether attached or detached, shall be considered
part of the principal building and shall comply with
all front, rear and side yard setback requirements.
165.09
FENCES, WALLS, HEDGES AND PLANTINGS
Permits are
required for all fences and walls over eighteen inches in height.
On corner
lots, no fence, wall, hedge or planting, that will obstruct visions
between a height of two and one-half (2½) feet and ten (10) feet,
shall be erected in the Sight Triangle Area.
1. Fences
and Walls
A. Front Yard. In a residential district, no fence or wall shall exceed
thirty-six (36) inches in height and shall be
no closer than two (2) feet from the front yard lot line and one (1) foot from the side
yard lot lines, but not in the sight triangle.
B. Side Yard. In a residential district, no fence or wall shall exceed
forty-eight (48) inches in height and shall be
no closer than one (1) foot from the side yard lot line.
C. Rear Yard. In a residential district, no fence or wall shall exceed
six (6) feet in height and shall be no closer than
five (5) feet from the rear lot line and one (1)
foot from the side yard lot lines, but not
in the sight triangle.
D. Fences shall be constructed of materials commonly used for landscape
fencing such as masonry block, lumber,
PVC/resin, chain link, wrought iron or natural
plantings, but shall not include
corrugated sheet metal, barbed wire, chicken wire,
salvaged material or be electrified.
E. Every fence shall be erected in the following manner: posts,
supporting rails (upper and lower for
chain-link), and other such supporting elements and when
constructed shall be on and face the
inside of the property in which the fence is
located.
2. Hedges
and Plantings
A. Front Yard. In a residential district, no hedge, or shrub shall
exceed thirty (36) inches in height along the front
yard lot line and the front side yard lot lines. Hedges and shrubs planted in front of
the house or garage shall be exempt from
the height requirements.. Hedges, shrubs or trees shall be planted no
closer than three (3) feet from the front yard
lot line and three (3) feet from the side yard lot lines.
B. Side Yard. In a residential district, no hedge, or shrub shall
exceed forty-eight (48) inches in
height along the side yard lot lines. Hedges and shrubs planted
along the house or garage shall be
exempt from the height requirements. Hedges, shrubs, and trees shall be planted no closer than three (3) feet from
the side yard lot line.
C. Rear Yard. In a residential district, no hedge or shrub shall exceed
six (6) feet in height along the rear
yard lot line and the rear side yard lot lines. Hedges and
shrubs planted along the house or garage
shall be exempt from the height
requirements. Hedges,
shrubs, and trees shall be planted no closer than five (5)
eet from the rear yard lot line and three (3)
feet from the side yard lot lines.
SECTION 7. SECTION
MODIFIED. Section 165.08, entitled ESSENTIAL SERVICES, of the
Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as Section 168.10.
SECTION 8. SECTION
MODIFIED. Section 165.09, entitled AGRICULTURE REQUIREMENTS,
of the Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as 165.11. Section 165.11 is repealed and the following
adopted in lieu thereof:
165.11
AGRICULTURE REQUIREMENTS.
Agriculture
is hereby declared to be a proper and suitable use of undeveloped
property within the corporate limits of the City.
Agriculture shall be the predominate use within the A-1 zone.
The provisions of Sections 165.14, 165.15 and 165.18 notwithstanding, Agriculture may be continued in any R-l, R-2 or I-1 zone until the
lot, parcel, or tract of land is developed for use in accordance
with the provisions of said sections.
SECTION 9.
SECTIONS MODIFIED. Sections 165.10, 165.11 and 165.12, entitled
DISTRICTS ESTABLISHED, A-1 AGRICULTURAL DISTRICT and R-1 LOW DENSITY
RESIDENCE DISTRICT, of the Code of Ordinances of the City of Roland,
Iowa, 2003, shall be renumbered as Sections 165.12, 165.13 and 165.14.
SECTION 10. SECTION
MODIFIED. Section 165.13, entitled R-2 LOW DENSITY AND
PROFESSIONAL OFFICE DISTRICT, of the Code of Ordinances of the City of
Roland, Iowa, 2003, shall be renumbered as Section 165.15. Sections
165.15(1A), 165.15(4A) and 165.15(5A) are repealed and the following
adopted in lieu thereof:
1.
Permitted Uses.
A. Uses as permitted in Section 165.14.
4. Parking
Requirements.
A. Parking spaces as required in Section 165 .14(4).
5. Sign
Requirements.
A. Signs as permitted in Section 165.14(5).
SECTION 11. SECTION
MODIFIED. Section 165.14, entitled R-3 MEDIUM DENSITY
DISTRICT, of the Code of Ordinances of the City of Roland, Iowa, 2003,
shall be renumbered as Section 165.16. Section 165.16(5A) is repealed
and the following adopted in lieu thereof:
5. Sign
Requirements.
A. Signs as permitted in Section 165.14(5).
SECTION 12. SECTION
MODIFIED. Section 165.15, entitled C-1 COMMERCIAL DISTRICT, of
the Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as Section 165.17. Sections 165.17(1 B &C), 165.17(4D) are
repealed and the following adopted in lieu thereof:
1.
Permitted Uses.
B. Schools, libraries, churches,
or similar public culture areas.
C. Accessory uses customarily incidental to a permitted principal use.
4. Parking Requirements.
D. For schools, libraries, churches or other cultural facilities, one
space for each four seats in the
principal assembly area.
SECTION 13. SECTION
MODIFIED. Section 165.16, entitled I-1 INDUSTRIAL DISTRICT, of
the Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as Section 165.18. Sections 165.18(1A) and 165.18(6A) are
repealed and the following adopted in lieu thereof:
1.
Permitted Uses.
A. Any use or structure permitted and as regulated in section 165.17,
except as hereafter modified.
6. Sign
Requirements.
A. Signs as permitted in Section 165.17(5).
SECTION 14. SECTION
MODIFIED. Section 165.17, entitled PLANNED UNIT DEVELOPMENT (PUD)
OVERLAY DISTRICT, of the Code of Ordinances of the City of Roland, Iowa,
2003, shall be renumbered as Section 165.19. Sections 165.19(2),
165.19(4A(2)), 165.19(7D) and 165.19(12) are repealed and the following
adopted in lieu thereof:
2. District
is Overlay. The designation of a parcel or tract of land as a Planned
UnitDevelopment shall be considered a rezoning, by the
application of the provisions of this Section 165.19 to said tract
or parcel of land as an overlay zone. Provided, said tract or parcel
shall continue to be considered to be within the zoning district as at
the time of application for designation as a Planned Unit
Development with the additional designation PUD.
4. Uses
Permitted. In a Planned Unit Development, only the following uses are
permitted:
A. In a residential Planned Unit
Development:
(2) Other uses as permitted in Section 165.15.
7. Layout
and Design Requirements.
D. Off-street Parking. The total required off-street parking facilities
shall not be less than the sum of the required
parking facilities for the various uses computed
separately in accordance with Section
165.27.
12.
Preliminary Plan. The approval of a planned unit development shall be by
the Council upon recommendation of the Planning and Zoning
Commission subject to procedures required for amendment contained
in Section 165.27. A preliminary development plan shall be submitted
to the Commission for its review and recommendation. The
Commission shall then advise the Council that such plans do or do not comply with the provisions of this chapter. Preliminary
approval by the Council shall be binding as to the general intent
and apportionment of land and improvements, but shall not be
construed to render inflexible the ultimate design, specific uses or
final plan of the project.
SECTION 15. SECTION
MODIFIED. Section 165.18, entitled NONCONFORMING USES, of the
Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as Section 165.20. Section 165.20(2B) is repealed and the
following adopted in lieu thereof:
2.
Exceptions to Continued Use.
B. No building, structure or premises where a nonconforming use has been
or may be discontinued for more than one year
or has been or may be changed to a use
permitted in the district in which it is located shall again be devoted
to a nonconforming use.
SECTION 16. SECTION
MODIFIED. Section 165.19, entitled ZONING ADMINISTRATOR, of
the Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as Section 165.21. Section 165.21(1) is repealed and the
following adopted in lieu thereof:
165.21
ZONING ADMINISTRATOR.
1. Issue all building permits and make and maintain records thereof;
SECTION 17. SECTION
MODIFIED. Section 165.20, entitled ZONING CERTIFICATES, of the
Code of Ordinances of the City of Roland, Iowa, 2003, shall be
renumbered as Section 165.22 and renamed BUILDING PERMITS. Section
165.22 is repealed and the following adopted in lieu thereof:
165.22
BUILDING PERMITS
1.
Required. It shall be unlawful to erect or enlarge any building
structure without first having applied in writing to the Zoning
Administrator for a permit to do so, and without first receiving
said permit. No building, or addition thereto, constructed after the
effective date of the regulations contained in this chapter, and no
addition to a previously existing building shall be
occupied, and no land, vacant on said effective date, shall be used for
any purpose until a building permit has been issued by the Zoning
Administrator. No change in a use, other than that of a
permitted use to another similar permitted use, shall be made
until a change in use permit has been issued by the Zoning
Administrator. Every occupancy permit shall state that the
use or occupancy complies with the provisions of the regulations.
2.
Application. Every application for a building permit shall be
accompanied by plans and plot plan showing the actual shape and
dimensions of the lot to be built upon, the location, size and
height of the building or structure to be erected or altered, the
existing and intended use of each building or part, the proposed
number of families or housekeeping units, and such other
information with regard to the lot and neighboring lots as may be
necessary for the enforcement of this chapter.
3.
Issuance. No building permit for a building, or portion thereof,
constructed after the effective date of the regulations contained in
this chapter shall be issued until the premises has been
inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning
certificate was based.
4.
Expiration. All permits shall expire nine (9) months from the date of
approval.
SECTION 18. SECTIONS
MODIFIED. Sections 165.21, 165.22, 165.23, 165.24, 165.25 and
165.26, entitled BOARD OF ADJUSTMENTS, DUTIES OF BOARD, RULES OF THE
BOARD, APPEALS TO THE BOARD, CHANGES AND AMENDMENTS and MANUFACTURED
HOMES, of the Code of Ordinances of the City of Roland, Iowa, 2003,
shall be renumbered as Sections 165.23, 165.24, 165.25, 165.26, 165.27
and 165.28.
SECTION 19.
SEVERABILITY CLAUSE. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the ordinance as a whole
or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION 20. WHEN
EFFECTIVE. This ordinance shall be in effect from and
after its passage, approval and publication as provided by law.
Passed by the Council
this 23rd day of June, 2008, and approved this 23rd
day of June, 2008.
____________________________________
Samuel Juhl, Mayor
ATTEST:
________________________________
Deneen
Frost, CMC
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I certify that the
forgoing was published as Ordinance No. 57 on the 2nd day of
July, 2008.
____________________________________
Deneen Frost, CMC
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