RESTRICTED
RESIDENCE DISTRICT
CHAPTER
15.
15-1. Purpose. This chapter is adopted for the following
reasons:
1. To provide reasonable rules and regulations
for the erection, reconstruction, alteration, and repair of buildings of all
kinds; and
2. To preserve the aesthetic quality of
residential neighborhoods of the City of
3. To provide that there shall be no use in any
district except for residences, schoolhouses, churches, and other similar
structures, except when a permit is granted in accordance with this chapter.
15-2. Definitions. For use in this chapter, the following terms
are defined:
a. Boarding House. A building other than a hotel, where for
compensation, meals or lodging and meals are provided for three (3) or more
persons. The length of stay for any one
occupant shall not exceed a period longer than one (1) week.
b. Church or
c. Frontage. The length of the front boundary line of a
lot measured along the street line.
d. Home Occupation. A secondary use carried on entirely within
the residence where there is no evidence of such occupation being conducted on
the premises by virtue of signs, or displays, or excessive noise, odors,
electrical disturbances, or traffic generation, with no more than one part-time
non-resident assistant and where not more than one-fourth (1/4) of the floor
area of any floor is devoted to such use.
e. Hotel. A building in which lodging is provided and
offered to the public for compensation, and which is open to transient guests,
in contradiction to a boarding house or rooming house.
f. Kennel. A place where four (4) or more dogs, cats or
similar animals or pets, over four months of age, are boarded, bred, and/or
offered for sale.
g. Lodging House. A building or place where lodging or boarding
is provided, not open to transient guests.
h.
i. Mobile Home. Means any vehicle without motive power used
or so manufactured or constructed as to permit its being used as a conveyance
upon the public streets and highways and so designed, constructed or
reconstructed as will permit the vehicle to be used as a place for human
habitation by one or more persons and shall also include any such vehicle with
motive power not registered as a motor vehicle in Iowa.
j.
k. Non-Conforming Use. The lawful use of any building or land that
was established prior to or at the time of passage of this Ordinance, which
does not conform to the use regulations of the district after adopting this
ordinance.
l. Occupancy Permit. A certificate issued by the City Council,
stating that the building and use comply with the provisions of this ordinance.
m. Permanent Site. Any lot or parcel of land on which a mobile
home is used as a dwelling or place of business, for ninety (90) consecutive
days except a construction site when the mobile home is used by a commercial
contractor as a construction office or storage room.
n. Principal Use. The main use of land or structures as
distinguished from an accessory structure.
o. Residence. Is a building used exclusively for a
dwelling. No business or occupation
shall be conducted therein or in conjunction therewith whereby sales or
services are made in a manner that the public served enters upon the
residential property.
p. Residential Accessory Use. Is a building or structure on the same lot
with, and of a nature customarily incidental and subordinate to the principal
use or structure. Said structure shall
not be used for selling goods or rendering services.
q. School. Is a building used for educational purposes,
public or private, that is regulated by the State Department of Education.
r. Single Family Dwelling. A building designed for occupancy by one
family. All single family dwellings for
which building permits have been issued after the date this ordinance is in
effect shall meet the following minimum standards:
1. The principal portion of such building
shall have a minimum dimension of not less than twenty-four feet.
2. The principal portion of such building
shall have a continuous and completed frost protected perimeter supporting
foundation.
3. The building shall have for the
exterior wall covering either:
1). Wood or masonry finish, or its
appearance, and/or
2). Vertical or horizontal grooved siding or
lap siding, or its appearance.
4. Use of flat, formed, or corrugated
sheet metal or plastic type materials for the roof covering is prohibited.
s. Stable, Private. A building or structure used or intended to be
used for housing horses belonging to the owner of the property for
non-commercial purposes.
t. Stable, Public and Riding Academy. A building or structure used or intended to
be used for the housing or riding of horses on a fee basis. Riding instruction may be given in connection
with a public stable or riding academy.
u. Travel Trailer or Motor Home. A vehicle designed to be a conveyance upon
the streets and highways. Said vehicle
shall be customarily or ordinarily used for vacation or recreational purposes
and not used as a place of permanent habitation.
v. Yard. An open space on the same lot with a building
or structure unoccupied and unobstructed by any portion or a structure from
thirty (30) inches above the general ground level of the graded lot
upward. In measuring a yard for the
purpose of determining the depth of a front yard or the depth of a rear yard,
the least distance between the lot line and the main building shall be
used. In measuring a yard for the
purpose of determining the width of a side yard, the least distance between the
lot line and the nearest permitted building shall be used.
x. Yard, Front. A yard extending across the full width of the
lot and measured between the front lot line and the building.
y. Yard, Rear. A yard extending across the full width of the
lot and measured between the rear lot line and the building or any projections
other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the
opposite end of the lot from the front yard.
z. Yard, Side. A yard extending from the front yard to the
rear yard and measured between the side lot lines and the nearest building.
15-2. Boundaries. The entire corporate limits of the City of
Elberon is included within the Restricted Residential District.
15-3. Future Annexation of Territory. All territory which may hereinafter be
annexed to the City shall be subject to the regulations of this ordinance until
such classification shall have been changed by an amendment to the Restricted
Residential Ordinance, as provided by law.
15-4. Conformance Required. Except as hereinafter specified, no building
or structure shall be erected, converted, enlarged, reconstructed or structurally
altered, nor shall any building or land be used, which does not comply with all
of the district regulations established by this Ordinance for the district in
which the building or land is located.
15-5. Continuing Existing Uses. The use of an existing building may continue,
at the time of the enactment of this ordinance, even though such use does not
conform with the regulations of this Ordinance for the district in which it is
located.
15-6. Non-Conforming Uses or Buildings in Any District.
a. New Construction of Buildings. Construction of new principal or accessory
buildings is not allowed when they will be used for, or incidental to a use
made non-conforming by this Ordinance.
b. Structural Alterations and
Enlargements. Any building which is
not in conformance with this ordinance may be structurally altered or enlarged
in accordance with the lot area, the lot frontage, and yard requirements. Said construction shall be limited to the
land owned of record at the time this Ordinance was enacted. In other words, structural alterations and
enlargements are not permitted on an altered lot of record.
c. Discontinuance. In the event that a non-conforming use of any
building or premises is discontinued for a period of one hundred eighty (180) days,
the use of the same shall conform the regulations of this Ordinance. Change of ownership shall not be construed as
discontinuance of a non-conforming use.
15-7. Amortization. All non-conforming junk yards, storage areas
and similar non-conforming uses of open land not involving a substantial
investment in permanent buildings, shall be removed, altered or otherwise made
to conform within two (2) years of the adoption of this ordinance.
15-8. Replacing Damaged Buildings. Any non-conforming building or structure
damaged by more than sixty (60) percent of it's replacement value, exclusive of
the foundations at the time of damage by fire, flood, explosion, war, riot, or
Act of God, shall not be restored or reconstructed and used as before such happening. If less than sixty (60) percent of the
replacement value of the building is damaged, above the foundation, then it may
be restored, reconstructed, or used as before provided that it may be started
within one (1) year of such happening, and it is built or like or similar
materials.
15-9. Locating Buildings. Every building hereafter erected or
structurally altered shall be located on a lot in accordance with the
regulations contained herein. In no case
shall there be more than one building on one lot unless otherwise provided by
this Ordinance.
15-10. Street Frontage Required. No lot of record shall contain any building
used as a residence unless it has an unobstructed private easement of access or
right-of-way of at least twenty (40) feet wide to a street, and there shall be
no more than one (1) single family dwelling for such frontage. Multiple family dwellings requires a fifty
(50) foot wide common easement of access.
15-11. Accessory Buildings. No accessory building shall be erected in any
front yard. Any accessory building which
is not part of the main building shall not occupy more than thirty (30) percent
of the yard and shall not exceed eighteen (18) feet in height.
15-12. Pending Applications for Building Permits. Nothing contained herein shall require any
changes 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 enactment date of this ordinance. Exceptions shall only occur in said case, when
the construction of which shall have been started prior to the effective date
of this Ordinance and completion thereof carried on in a normal manner and not
discontinued for reasons other than those beyond the builder's control.
15-13. Permitted Uses. The following uses are permitted in the
Restricted Residential District:
1. Single family dwellings.
2. Multiple dwellings, including row
dwellings consisting of not more than six (6) units in a continuous row,
cooperative apartment house, and condominium dwellings.
3. Home Occupations.
4. Churches, cathedrals, temples, and
similar places of worship.
5. Public and parochial schools,
elementary and secondary, and other educational institutions.
6. Fire stations.
7. Publicly owned parks, playgrounds, golf
courses, and recreation areas.
8. Agricultural uses, including nurseries
and truck gardens; provided that no offensive odors or dust are created, and
provided further, that no retail sales shall be permitted on the premises. This shall not be construed to include the
operation of livestock feed lots or auctions, public stables, boarding kennels,
or veterinary clinics or such similar uses.
Private stables shall be permitted where there exists are area devoted
to such purposes of one (1) acre with an additional one-half (1/2) acre per
animal exceeding two (2) in number. No
structure or building for the stabling of animals or tethering area shall be
closer than fifty (50) feet from abutting residential properties. The area devoted to such uses shall be kept
in a clean and sanitary condition.
9. Conversions of one-family dwellings
into two-family dwellings in accordance with the lot area, frontage, and yard
requirements of Section 402.
10. Boarding and rooming houses.
11. Institutions of a religious, educational,
or philanthropic nature, including libraries.
12. Nursing, convalescent, and retirement
homes.
13. Private clubs, or veterans organizations.
14. Funeral homes.
15. In cases of uncertainty, the City Council
shall have the power, after conducting a public hearing, to decide whether the
use is a permitted use or whether the use requires a special permit according
to the provisions of Section 601.2.
15-14. Lot Area, Lot Frontage and Yard
Requirements. The following minimum
requirements shall be observed:
1. Front Yard. No new construction shall be made closer than
thirty (30) feet to the front yard line.
Where two or more lots in any block are occupied by buildings which existed
on the effective date of this ordinance, the average of the front yard
depths
of adjacent lots shall be the established building line, but no lot shall be
required to have a front yard depth of greater than thirty feet.
2. Side Yard. No building or residence exempted from permit
shall be located in the restricted district, closer than six feet to the side
lot lines.
3. Rear Lots. The rear yard depth is fifteen (25) feet.
4. Corner Lots. Corner lots shall have a fifteen (15) foot
side yard between each lot line abutting on said side street and any
building. Provided, however, that where
lots comprising thirty (30) percent or more of the frontage within two hundred
feet of either side are developed with a greater or lesser setback, then the front
yard setback shall be the average of these buildings setbacks.
15-15. Buildings Requiring Special Permits To
Locate Within Restricted Districts.
Construction of clinics, offices, hospitals, utility buildings and
substations, any type of commercial stores and warehouses, plant nurseries,
farm buildings, and industrial buildings and structures may be authorized by
special permit to locate within the restricted residential district. The Special Permit procedure is contained in
Section 15-20.
15-16. Exceptions to the Lot Area, Lot Frontage,
and Yard Requirements. The City
Council shall have the power to issue upon appeal a variance from the terms of
the lot requirements contained in Section 15-14. The Council shall follow the special permit
procedure contained in Section 15-20. A
permit shall only be issued for applications that will not be contrary to the
public interest, in cases where the literal enforcement of the requirements
will result in unnecessary hardship.
Special exceptions to the requirements shall include but not be limited
to a property owner who can show that their property was acquired in good faith
and where by reason of exceptional narrowness, shallowness, or shape of a
specific piece of property, or where by reason of exceptional topographical
conditions or other extraordinary situations that the strict application of the
provisions of this ordinance actually prohibit the use of their use in a manner
similar to that of other property in the district. The City Council shall be satisfied by the
evidence presented heard before it that the granting of such variance will
alleviate a hardship approaching confiscation as distinguished from a special
privilege sought by the owner.
15-17. Signs.
The following signs may be located within the restricted residential
zone:
1. Non-electrical announcement signs or
bulletin boards which do not exceed sixteen (16) square feet in area and are
erected upon the premises of a charitable, religious, or public institution for
it's own use.
2. Home occupations may be permitted one
sign, but the sign may be double faced.
The sign shall not be illuminated, or exceed one (1) square foot.
15-18. Fences or Landscape Features. Such facilities may be located on property
lines provided no such feature exceeds four (4) feet in any front yard, and six
feet in height in the case of rear and side yards.
15-19. Building Permits. An application and permit shall be required
for any use that is excepted by this chapter (residences, schools, and churches)
for the purpose of enforcing the building code.
The fee for a primary structure shall be $75. Accessory buildings shall not be required to
pay a fee but they shall comply with the terms and conditions of this
ordinance.
15-20. Special Permits. A written special permit shall be required
for the erection, reconstruction, alteration, or repair of any building and for
its occupancy and use within the restricted residential district of this City
except for buildings for residences, residential accessory use, schools,
churches, and church schools. The
application procedure is contained in Section 15-23. There is a $100 fee for special use permits.
15-21. Occupancy Permits. No land shall be occupied or used, and no
building hereafter erected or structurally altered shall be occupied or used in
whole or in part for any purpose whatsoever, until a certificate is issued by
the City Council stating that the building and use comply with the provisions
of this Ordinance. No permit shall be
issued to make a change unless the changes are in conformity with the
provisions of this Ordinance.
Nothing in this part shall prevent
the continuance of a nonconforming use as herein before authorized, unless a
discontinuance is necessary for the health or safety.
Certificates of occupancy and
compliance shall be applied for coincidentally with the application for a
building permit, and shall be issued within ten (10) days after the lawful
erection or alteration of the building is completed. A record of all certificates shall be kept on
file in the office of the City Clerk, and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the building
affected.
No permit for excavation for, or the
erection or alteration of any building shall be issued before the application
has been made for certificate of occupancy and compliance, and no building or
premises shall be occupied until that certificate and permit is issued.
15-22. Purpose. The purpose of this Part of the Ordinance is
to provide a procedure for changing district boundaries, district regulations,
and other textual and map provisions of this Ordinance. The City Council, or landowner of property
proposed map initiate such amendments.
15-23. Petition for Amendments. A petition for an amendment and special use
permit shall be filed with the City Council.
Anyone wishing to have the property rezoned must bring the following
information:
1). Make application by letter of request,
stating owner (s) name, property address, legal description (property deed),
and proposed use of the property;
2). Statement that the petitioner is the
owner or authorized agent of the owner of the property for which the change is
district boundary or use is proposed;
3). Submit $100.00 cash/check at the time of
application.
4). The City of Elberon shall post a public
meeting notice about the proposed action at least 4 calendar days prior to the
meeting.
5). Applicant must attend the City Council
meeting to answer any question the commission members may have.
15-24. Disposition by the Council. The City Council shall place the petition for
amendment on it's agenda and shall hold at least one public hearing on the
proposed amendment. The public hearing
shall be recorded and filed in the Office of City Clerk.
Any proposed amendment that has
received a filed objection duly signed and acknowledged by the owners of twenty
percent or more of the area to be rezoned, by the owners of twenty percent or
more of the land immediately adjacent to the property extending two hundred
(200) feet therefrom, or by the owners of twenty percent or more of the land
directly across the street and extending two hundred (200) feet in either
direction, shall not be approved by the City Council except by a three-fourths
(3/4) vote of the Council members voting.
15-25. Standards. Prior to the approval of the City Council
approving an amendment, each body shall determine that the proposed amendment
will meet the following standards:
A. It will in no way endanger public
health, safety, morals, comfort and general welfare;
B. It will not be injurious to the
enjoyment of other property in the immediate vicinity;
C. It will not impede the orderly
development and improvement of property in the City of Elberon.
15-26. Violation. In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this ordinance, the City
Council, in addition to other remedies, may institute proper action or
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to restrain, correct, or
abate such violation, to prevent any illegal act, conduct or business or use in
about such premises.
15-27. Penalty. Any person, firm or corporation who violates,
disobeys, omits, neglects, or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance, shall, upon conviction,
be fined not more than $100 or imprisoned for not more than 30 days for each
offense, and each day that a violation is permitted to exist shall constitute a
separate offense.
15-28. Validity. Should any section or provision of this
Ordinance be declared by a court of competent jurisdiction to be invalid, that
decision shall not affect the validity of the Ordinance as a whole or a whole
or any part thereof, other than the part so declared to be invalid.