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Zoning FAQ’s
Q.
Are the regulations different for corner lots?
A.
Yes.
Section 105-040 Corner Lots
For corner lots, platted after the effective date of this Ordinance (5-02)
the street side yard shall be equal in width to the minimum required side yard
for the district in which it is located, plus 20 feet (e.g., for a minimum
required side yard of 10 feet the street side yard shall be a minimum of 30
feet); this regulation shall not be interpreted as to require a side street yard
of greater width than the minimum required front yard width.
For corner lots, platted after the effective date of this Ordinance, for minimum
required lot widths shall be increased by an amount not less than 20 feet to
allow for the additional required street side yard (e.g. for a minimum required
lot width of 60 feet, the minimum width of a corner lot shall be 80 feet).
On corner lots platted and of record at the time of the effective date of this
Ordinance, the same regulations shall apply except this regulation shall not be
interpreted as to reduce the buildable width of a corner lot facing an
intersecting street and of record or as shown by existing contract of purchase
at the time of the effective date of this Ordinance, to less than 28 feet nor to
prohibit the erection of an accessory building.
On any corner lot, the depth of a front yard or side street yard abutting a
major thoroughfare shall be measured from the proposed right-of-way lines shown
on the “Official Major Thoroughfare Plan.”
Q.
What are the regulations for fences, walls and vision clearance?
A.
Section 105-060 Fences, Walls and Vision Clearance
Corner Lots-
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in
such a manner as to impede vision between a height of 2 ½ feet and 10 feet above
the centerline grades of the area described as follows:
The area bounded by the street right-of-way lines on a corner lot and a straight
line joining points on said right-of-way lines 25 feet from the point of
intersection of said right-of-way lines. This regulation shall not apply to the
"C-2" district.
In any district, the maximum height for fences and walls in side and rear yards
is 6 feet. The maximum height for a fence or wall in front yards is four feet.
In the case of retaining walls, the above requirements shall apply only to the
part of the wall above the ground surface of the retained embankment.
In any district where a fence or wall is required by a section of this
Ordinance, the Subdivision Ordinance, or other Ordinance, to serve as screening
wall, buffer wall or other separating or protective wall, the height
restrictions of the specific Ordinance shall apply.
Grade for determining the maximum height for above grade for fences and walls:
For a fence or wall along a street right-of-way the grade shall be the highest
point of the pavement lying between the intersection of the centerline and a
projection of the side lot lines.
For a fence or wall between the front lot line and the front building line grade
shall be pro-rated between the grade at the front lot line and the grades at the
building.
For a fence or wall along the rear lot line or between the front building line
and the rear lot line, grade shall be the grade at the building.
Fences and walls on a corner lot shall comply with the vision clearance
requirements listed above.
Q.
My home as built before zoning was adopted. It doesn’t meet the required
setback. Does that mean I can’t add on to the home?
A.
Non-Conforming Uses in any Residential District
Section 095-020.A ….Structural alterations may be added to a non-conforming use
building so long as said structural alterations do not encroach further upon the
front yard setbacks or side yard setbacks than the original structure.
You may add on to your home as long as the addition does not make the home any
more out of compliance.
Q.
I want to build a garage on the alley. Are there any exceptions to the zoning
setbacks?
A.
Yes.
Section 105-030.C: The garage for any principal building on a lot abutting an
alley may be located in a rear or side yard area which abuts the alley,
providing, however, that such garage building shall comply with the following
requirements:
The garage shall be setback a minimum of 2 feet from the lot line abutting the
alley which the garage entrance faces; or shall be located no closer than 30
feet to any garage or principal building which is located on the opposite side
of the alley; whichever is the greater requirement.
… a garage facing an alley which abuts a side lot line shall not encroach into
the required front or rear yards; a garage facing an alley which abuts a rear
lot line shall be setback from the side lot lines no less than the requirements
for the principal building.
Q.
I want to add a patio or deck to my home. Do I need to get a building permit?
A.
Yes. You must follow the setback requirements for your zoning district.
Q.
My application for a building permit was denied by the city council. Is there
anywhere else I can turn?
A.
You may change the permit so as to comply with the setback requirements and
resubmit the application to the council. Or, you may appeal to the Board of
Adjustment. This is a group who will determine if an exception should be
granted. The cost for such a hearing is $100.00. The guidelines for granting an
exception (variance) to the zoning requirements are:
Variance is not the appropriate remedy for a general condition.
Self-inflicted hardships are not grounds for a variance.
Personal hardships are not grounds for a variance. The hardship must relate to
the physical character of the property.
Economic conditions are not sole grounds for a variance.
Hardship must be severe.
If granted, variance must not adversely affect the neighborhood.
All applicants must be treated equally.
A written request for a hearing must be filed at city hall. A hearing date will
be set and all interested parties will be notified.
Q.
Where can I see a copy of the Zoning and Subdivision Ordinances for the City of
Mediapolis?
A.
Copies are available at city hall or at the library.
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