Chapter 18.120
EXCEPTIONS AND VARIATIONS OF THE USE, HEIGHT, AND AREA REGULATIONS

Sections:

18.120.010    Exceptions and variations.

18.120.010 Exceptions and variations.

The district regulations as set forth in this section shall qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title.

A. Public, semi-public or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from side and rear yard lines heretofore established an additional foot for each two feet of building height above the height limit otherwise imposed in the district in which the building is located.

B. Single-family and two-family dwellings may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than 10 feet, but they shall not exceed three stories in height.

C. Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, wind generators, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers or necessary mechanical apparatus, may be erected to any safe height not in conflict with existing or hereafter adopted regulations of Black Hawk County, Iowa.

D. Accessory buildings may be built in a required rear yard, but shall not occupy more than 30 percent of the rear yard.

E. No basement shall be occupied for dwelling purposes unless at least one story of the house above the basement has been completed. This variation is not to be construed to prohibit earth-sheltered subterranean dwellings.

F. Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in the rear yard and except for the ordinary projections of skylights, sills, belt course, cornices, building overhangs, and ornamental features projecting not to exceed 24 inches, and except the usual projection of steps or stoops with a landing abutting an entrance with said landing not to exceed five feet by five feet. Landings exceeding this shall meet the setback requirements for a deck. Also except ramps for handicap accessibility; provided, that such ramps provide as large of setback as possible while still meeting the minimum standards of the Americans with Disabilities Act (ADA).

G. For the purpose of side yard requirements, a two-family group house or multiple dwelling shall be considered as one building occupying one lot.

H. Buildings that are to be used for storage purposes only may exceed the maximum number of stories permitted in the district in which they are located but such buildings shall not exceed the number of feet of building height permitted in such districts.

I. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period the work is under way, but such temporary buildings shall be removed upon the completion of the construction work as determined by the Administrative Officer.

J. More than one industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract in a district permitting these uses, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use regulations.

K. Where more than 30 percent of the frontage in a block has been built up with buildings having a front yard, then the building line of the buildings to be erected shall conform to the natural building line of the block as determined by the existing buildings. However, no building need set back more than 50 feet.

L. The Board of Adjustment shall review, may modify, and may, by special permit, issue a special exemption to the following uses, subject to the provisions of Chapter 18.130 BHCC. Said use may be located in any zoning district but otherwise restricted by other provisions of this title:

1. Any use erected or maintained on behalf of or pursuant to the authorization of any municipal, County, state or federal government agency, excluding any use erected or maintained on behalf of or pursuant to the authorization of Black Hawk County, for the use by Black Hawk County, in an “A” agricultural district or “A-L” agriculturallimited district.

2. Commercial, amusement or recreational development for temporary periods.

3. Radio and television broadcasting studios and stations.

4. Temporary, portable asphalt paving plants for short-term projects.

M. A deck or unenclosed porch may project not more than 12 feet into the required setback. This will not be interpreted in any way to authorize any structure to project over a platted building line or property line or road right-of-way line. Said structure is defined as a nonenclosed structure and at no time can such structure be enclosed.

N. In any district where there is neither a public water supply or a private water supply serving three or more lots or principal permitted uses, or public sanitary sewers or a private sanitary sewage treatment system serving three or more lots or principal permitted uses, the minimum lot area shall be one and one-half acres per lot or one and one-half acres per principal permitted use, if more than one principal permitted use per lot. This provision shall not apply to any lot that is an original building site that had a dwelling in existence prior to adoption of the ordinance codified in this chapter. [Ord. 106, 2009; Ord. 104, 2009; Ord. 98, 2006; Ord. 73, 2002; Ord. 36 § 23, 1995. Code 2009 App. A, § 23.]