A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
City of Glenwood City. The provisions of this chapter shall be held
to be the minimum requirements for carrying out the intent and purpose
of this chapter.
B.
Compliance. No new structure, new use of land, water or air or change
in the use of land, water or air shall hereafter be permitted and
no structure or part thereof shall be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a zoning
and occupancy permit and without full compliance with the provisions
of this chapter and all other applicable local, county and state regulations.[1]
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.
E.
Lots abutting more restrictive district. Any side yard, rear yard
or court abutting a district boundary line shall have a minimum width
and depth in the less restricted district equal to the average of
the required minimum widths and depths for such yards and courts in
the two districts which abut the district boundary line.
F.
Relationship with other laws. Where the conditions imposed by any
part of this chapter upon the use of land or buildings or upon the
bulk of buildings are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of this
chapter or any other laws, ordinances, resolutions, rules or regulations
of any kind, the regulations which are more restrictive (or impose
higher standards or requirements) shall be enforced.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified
for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district but not until their principal structure is present
or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Common Council in accordance with Article V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s), shall require review, public hearing and approval by the Common Council in accordance with Article V of this chapter.
(3)
Conditional uses authorized by the Common Council shall be established
for a period of time to a time certain or until a future happening
or event at which the same shall terminate.
D.
Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 450-13 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Common Council, in accordance with the following procedure:
(1)
Application. Application for determination for classification of
an unlisted use shall be made in writing to the Zoning Administrator
and shall include a detailed description of the proposed use and such
other information as may be required by the Common Council to facilitate
the determination.
(2)
Investigation. The Common Council shall make or have made such investigations
as it deems necessary in order to compare the nature and characteristics
of the proposed use with those of the uses specifically listed in
this chapter and to recommend its classification.
(3)
Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Common Council shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 450-13.
(4)
Effective date of determination. At the time of this determination
of the classification of the unlisted use by the Zoning Board of Appeals,
the classification of the unlisted use shall become effective.
A.
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 40 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. See § 450-15C.
B.
Principal structures. All principal structures shall be located on
a lot. Except in the case of planned unit developments, not more than
one principal building or use and its accessory buildings or uses
may be located on a lot. The Common Council may permit as a conditional
use or planned unit development more than one principal structure
per lot in any district where more than one such structure is needed
for the orderly development of the parcel. Where additional structures
are permitted, the Common Council may impose additional yard requirements,
landscaping requirements or parking requirements or require a minimum
separation distance between principal structures.
C.
Dedicated street. All lots shall abut a public street or approved
private road or way which is constructed to applicable standards.
No zoning and occupancy permit shall be issued for a lot which abuts
a public street dedicated to only a portion of its proposed width
and located on that side thereof from which the required dedication
has not been secured.[1]
D.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Common
Council by reason of flooding, concentrated runoff, inadequate drainage,
adverse soil or rock formation, unfavorable topography, low percolation
rate or bearing strength, erosion susceptibility or any other feature
likely to be harmful to the health, safety, prosperity, aesthetics
and general welfare of this community. The Council, in applying the
provisions of this subsection, shall, in writing, recite the particular
facts upon which it bases it conclusion that the land is not suitable
for certain uses. The applicant shall have an opportunity to present
evidence contesting such unsuitability if he so desires. Thereafter,
the Council may affirm, modify or withdraw its determination of unsuitability.
E.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands and to aid in preserving and protecting the natural beauty and
character of the landscape, no change in the existing topography of
any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one
vertical, within a distance of 20 feet from the property line, except
with the written consent of the owner of the abutting property and
with the approval of the Common Council, or which would alter the
existing drainage or topography in any way as to adversely affect
the adjoining property. In no case shall any slope exceed the normal
angle of slippage of the material involved, and all slopes shall be
protected against erosion.
F.
Decks. For purposes of this chapter, decks and porches shall be considered
a part of a building or structure.
G.
Vacated streets. Whenever any street, alley, easement or public way
is vacated by official action, the zoning district abutting the center
line of said vacated area shall not be affected by such proceeding.
H.
Platting. All buildings hereafter erected upon unplatted land shall
be so placed that they will not obstruct proper street extensions
or other features of proper subdivision and land platting.
I.
Dwelling units. No cellar, basement or unfinished home, garage, tent,
trailer or accessory building shall, at any time, be used as a dwelling
unit, except mobile homes located in an approved mobile home park.
Basements shall not be used as dwelling units, except where specifically
designed for such use through proper damp-proofing, fire-protecting
walls and other requirements as may be imposed by the building and
housing codes.
J.
Animal yards. Animal feed yards, animal sales yards, commercial kennels
for dogs or cats, riding academies and public stables shall be located
no closer than 200 feet to any property line, shall provide automobile
and truck egress, and shall provide parking and loading spaces so
designed as to minimize traffic hazard and congestion. Proponent shall
show that odor, dust, noise, and drainage shall not constitute a nuisance
or a hazard to adjoining property or uses.
K.
Temporary uses. Temporary uses such as real estate sales field offices
or shelters for materials and equipment being used in the construction
of a permanent structure may be permitted by the Common Council.
A.
Height. The district height limitations stipulated elsewhere in this
chapter may be exceeded, but such modification shall be in accord
with the following:
(1)
Architectural projections, such as spires, belfries, parapet walls,
cupolas, domes, flues and chimneys, are exempt from the height limitations
of this chapter.
(2)
Special structures, such as elevator penthouses, gas tanks, grain
elevators, scenery lofts, radio and television receiving antennas,
manufacturing equipment and necessary mechanical appurtenances, cooling
towers, fire towers, substations and smoke stacks, are exempt from
the height limitations of this chapter.
(3)
Essential services, utilities, water towers, and electric power and
communication transmission lines are exempt from the height limitations
of this chapter.
(4)
Communication structures, such as radio and television transmission
and relay towers, aerials and observation towers, shall not exceed
in height three times their distance from the nearest lot line.
(5)
Public or semipublic facilities, such as schools, churches, hospitals,
monuments, sanitariums, libraries, governmental offices and stations,
may be erected to a height of 60 feet, provided that all required
yards are increased not less than one foot for each foot the structure
exceeds the district's maximum height requirement.[1]
B.
Yards. The yard requirements stipulated elsewhere in this chapter
may be modified as follows:
(1)
Architectural projections, such as chimneys, flues, sills, eaves,
belt courses, ornaments, landings and fire escapes, may project into
any required yard, but such projection shall not exceed two feet.
(2)
Essential services, utilities, and electric power and communication
transmission lines are exempt from the yard and distance requirements
of this chapter.
(3)
Landscaping and vegetation are exempt from the yard requirements
of this chapter.
C.
Lot width and area; preexisting lots. Requirements as to lot width
and area for the construction of a one-family dwelling shall not apply
to any lot having less than the required area or width at the time
of adoption of this chapter or any amendment thereof increasing the
area or width required for such lot, and held at the time in separate
ownership from that of adjoining land, provided that the area and
the width of such existing lot shall be no less than 75% of the required
minimum.
D.
Average building setbacks. In residential districts, except for corner
lots, required setbacks shall be modified in the following cases:
(1)
Where 50% or more of the frontage on a block is occupied by residences
having setbacks less than that required by this chapter, setback on
each remaining lot shall be determined in accordance with the following
rule. The front building line of a proposed structure shall be no
nearer the front lot line than a line joining adjacent front corners
of the nearest principal structures which are in the same block frontage;
if no principal structure exists to one side of a proposed structure,
a structure may be assumed to exist on the corner lot which conforms
to the minimum setback and side yard width requirements of this chapter.
No lot, yard, parking area, building area or other space shall
be reduced in area or dimensions so as not to meet the provisions
of this chapter. No part of any lot, yard, parking area or other space
required for a structure or use shall be used for any other structure
or use.
