Lake View Iowa Community Services 

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Quality of Life                                City Government

Quality of Life

The Lake View Public Library contains an excellent selection of books, magazines, videos, computers with Internet access for public use and a children’s library. To access the Library's website, go to www.lakeview.lib.ia.us.  The Library Board of Trustees and staff take pride in offering access to a wealth of reference materials including genealogy materials.  The Library was built in 1987 and is located 202 Main Street.  

CHURCHES: Lake View has three protestant churches. Catholic churches are located in Wall Lake, Auburn and Sac City, all within easy driving distance.

	First Congregational  United Church of Christ   www.1stcongucclakeview.org 217 HighStreet (712) 657-2465   Sunday Services at 9:30 a.m.
	Lakes United Methodist Church 501 Second Street (712) 657-2972 Sunday Services at 9:00 a.m.
	Emmanuel Lutheran Church, LCMS www.lakeviewemmanuel.com 115 2nd Street (712) 657-3324 Sunday Services:                        (June - Aug.) at 9:00 a.m.          (Sept. - May) at 10:00 a.m.

  HEALTH CARE: Two medical clinics serve the community: (I) Trimark physicians group, and (2) McCrary Rost Clinic. Both of these clinics are aligned with regional health care organizations to provide access to specialized care.  Lake View also has two dental clinics and a chiropractic clinic.

·        Hospitals: Located in Sac City, just ten miles to the north, Loring Hospital, a medical facility with 25 beds, provides intermediate and skilled care. A new outpatient addition, built in 1997, features a chemotherapy room for cancer patients, a new physical therapy department, a community health education center and the addition of telemedicine to Sac County. The Stewart Memorial Community Hospital is located in Lake City and serves a six-county region in western Iowa with a population of over 118,000. Stewart Memorial is a nonprofit hospital with services extending to hospice and home care. Other hospitals are located within 30 miles in Carroll, Lake City, and Storm Lake.

·        Emergency Services: Ambulance service is provided through Sac County. Lake View is fortunate to house an ambulance staffed by three paid EMT”s.

·        Black Hawk Life Care: Lake View is home to Black Hawk Life Care, a 60 bed nursing home facility. This new facility offers excellent long-term care for many elderly residents.

SERVICE ORGANIZATIONS: There are many groups for residents to serve their community or simply gather to socialize:

·        American Legion & Auxiliary:  The Eilert  Auen Post # 133 of the American Legion is located at 310 Madison Street.

·        Lions Club:  A service organization dedicated to the Lake View community and the projects of the Lions Club International.  The Lake View Lions Club meets monthly.

·        Black Hawk Men's Club:  The Men's Club provides funds and volunteers for many events to improve our community.  The Men's Club raises funds through their annual Beer Garden at the Annual Summer Water Carnival and these funds are then reinvested into the community for projects like the youth baseball and softball programs, the annual Easter Egg hunt, and the RIF program.

·        Community Club:  This group sponsors business promotions and organizes events to bring in visitors, such as the annual $10,000 carp fishing contest.

·        Water Carnival Committee:  The Committee works year-round in preparation for the annual Black Hawk Lake Summer Water Carnival.

·        Garden Club:  The Garden Club keeps Lake View beautiful by maintaining gardens in public spaces.  They maintain the Memorial Rose Garden in Speaker Park as well as other plantings downtown and near the Chief Black Hawk statue.

·        Historical Society:  Members of the Historical Society operate and maintain the Lake View Historical Museum.  These volunteers staff the Museum, which is open weekends during the summer month

·        Lake View also has various Card Clubs and many Church Organizations.

EDUCATION:   

For the 2007-2008 school year, the WLVA and Sac Community school districts began whole grade sharing to become the East Sac County Raiders.  Begindergarten through 4^th grade is located in both Sac City and Wall Lake.  Grades 5 - 8 are located in Sac City and grades 9 - 12 are located in Lake View.  The whole grade sharing arrangement allows for greater educational offerings and opportunities for students and ensures the long-term stability of the school district.

City Government

City Officials  

Tax & Utility Information  

City Council Minutes  

Code of Ordinances   

Applications and Forms 

City Officials

Mayor – John Westergaard

Tax & Utility Information

FY 2006-07 Tax Rates for Lake View, Inc.  

Electric Rates

Water Rates

Sewer Rates = 100% of water charges 

City Forms

Completed forms should be mailed to the City of Lake View,

PO Box 18, Lake View, Ia.  51450

Application for Utility Service   

Complete this application and submit it to the City of Lake View along with a $250.00 utility deposit that is refundable after one year of prompt payment.  Please call the City Clerk's office (712) 657-2634 prior to submitting an application for utility service.

Auto Pay Form  more info

Complete this one page form and submit it to the City of Lake View.  This form is used to authorize automatic withdrawal of your utility payment from your checking or savings account.

Building Permit Application 

Complete the one-page application and include a sketch of the construction and how it sits on your property, including the distance from each of the property lines.  Send the completed application, sketch and appropriate fee to the City of Lake View. 

Concrete Permit Application  

Complete the application and include a sketch of the proposed construction.

Application for Zoning Variance  

Please consult the City Clerk/Administrator prior to completing an application for a Zoning Variance.

Application for Zoning Special Exception  

Please consult the City Clerk/Administrator prior to completing an application for a Zoning Special Exception

Pier to Pier Cobblestone Order Form  

Code of Ordinances

Note: This on-line version of the Lake View Code of Ordinances does not contain all of the Code and it may not reflect the most recent ordinance changes.
For the official copy of the City Code, contact the City Clerk.

GENERAL CODE PROVISIONS

Chapter 1 - Code of Ordinances

Chapter 2 - Charter

Chapter 3 - Boundaries

Chapter 4 - Standard Penalty - Municipal Infractions

Chapter 5 - Operation Procedures

Chapter 6 - City Elections

Chapter 7 - Fiscal Management

Chapter 8 - Urban Renewal

Chapter 9 - Urban Revitalization

Administration, board and commissions

Chapter 15 - Mayor

Chapter 16 - Mayor Pro-Tem

Chapter 17 - Council

Chapter 18 - City Clerk

Chapter 19 - City Treasurer

Chapter 20 - City Attorney

Chapter 21 - Library Board of Trustees

Chapter 22 - Planning & Zoning Commission

Chapter 23 - Parks & Recreation Commission

Chapter 24 - Historic Preservation Commission

Chapter 25 - City Administrator

POLICE, FIRE & EMERGENCIES

Chapter 30 - Police Department

Chapter 31 - Reserve Police Unit

Chapter 35 - Fire Department

PUBLIC OFFENSES

Chapter 40 - Public Offenses

Chapter 41 - Drug Paraphernalia

Chapter 45 - Alcohol Consumption and Intoxication

Chapter 46 - Minors

Chapter 47 - Park Regulations

NUISANCES AND ANIMAL CONTROL

Chapter 50 - Nuisance Abatement Procedure

Chapter 51 - Junk and Junk Vehicles

Chapter 55 - Animal Protection and Control

TRAFFIC AND VEHICLES

Chapter 60 - Administration of Traffic Code

Chapter 61 - Traffic Control Devices

Chapter 62 - General Traffic Regulations

Chapter 63 - Speed Regulations

Chapter 64 - Turning Regulations

Chapter 65 - Stop or Yield Required

Chapter 66 - Load and Weight Restrictions

Chapter 67 - Pedestrians

Chapter 68 - One-Way Traffic

Chapter 69 - Parking Regulations

Chapter 70 - Traffic Control Enforcement Procedures

Chapter 75 - All-Terrain Vehicles and Snowmobiles

Chapter 76 - Bicycle Regulations

Chapter 77 - Golf Carts

Chapter 80 - Abandon Vehicles

WATER

Chapter 90 - Water Service System

Chapter 91 - Water Meters

Chapter 92 - Water Rates

SANITARY SEWER

Chapter 95 - Sanitary Sewer System

Chapter 96 - Building Sewers and Connections

Chapter 97 - Use of Public Sewers

Chapter 98 - Private On-Site Wastewater Systems

Chapter 99 - Sewer Service Charges

Chapter 100 - Sewer Extensions

GARBAGE AND SOLID WASTE

Chapter 105 - Solid Waste Control

Chapter 106 - Collection of Solid Waste

FRANCHISES AND OTHER SERVICES

Chapter 110 - Natural Gas Franchise

Chapter 111 - Telephone Franchise

Chapter 112 - Cable Television Franchise

Chapter 113 - Electric Utility

REGULATION OF BUSINESS AND VOCATIONS

Chapter 120 - Liquor Licenses and Wine and Beer Permits

Chapter 121 - Cigarette Permits

Chapter 122 - Peddlers, Solicitors and Transient Merchants

Chapter 123 - House Movers

Chapter 124 - Salvage Yards

Chapter 125 - Registry of Drug Precursor Sales

STREETS AND SIDEWALKS

Chapter 135 - Street Use and Maintenance

Chapter 136 - Sidewalk Regulations

Chapter 137 - Vacation and Disposal of Streets

Chapter 138 - Street Grades

Chapter 139 - Naming of Streets

BUILDING AND PROPERTY REGULATIONS

Chapter 145 - Dangerous Buildings

Chapter 146 - Manufactured and Mobile Homes

Chapter 147 - Water Well Protection

Chapter 150 - Building Numbering

Chapter 151 - Trees

Chapter 155 - Building Permits

Chapter 160 - Flood Plan Regulations

Chapter 161 - Public Lake Access Regulations

CHAPTER 165 - Zoning

Chapter 166 - Subdivision

CITY OF LAKE VIEW, IOWA

ZONING CODE

165.01 TITLE, PURPOSE, AND INTERPRETATION OF STANDARDS

165.02:  DEFINITIONS

165.03:  OFFICIAL ZONING MAP

165.04:  DISTRICTS

165.05:  BOUNDARIES

165.06:  GENERAL REGULATIONS

165.07  R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT

165.08  R-3 MULTI-FAMILY RESIDENTIAL DISTRICT

165.09  L-R LAKESHORE RESIDENTIAL DISTRICT

165.10  PROVOST AREA RESIDENTIAL DISTRICT

165.11    MH - MOBILE HOME DISTRICT

165.12  P - PARKS AND OPEN SPACES DISTRICT

165.13   C-COMMERCIAL DISTRICT

165.14  I-INDUSTRIAL DISTRICT

165.15  A-AGRICULTURAL DISTRICT

165.16  SPECIAL USES

165.17:  ADMINISTRATION AND ENFORCEMENT, AND BUILDING PERMITS

165.18.  BOARD OF ADJUSTMENT PROCEDURE, POWERS AND DUTIES

165.19:  ENFORCEMENT, VIOLATIONS AND PENALTIES

165.20:  CHANGES AND AMENDMENTS;  MAP REPLACEMENT AND ZONING OF ANNEXED AREAS

165.01 TITLE, PURPOSE, AND INTERPRETATION OF STANDARDS

165.01.01:  SHORT TITLE

This Ordinance shall be known as the Zoning Ordinance for the City of Lake View.

165.01.02:  PURPOSE

The purpose of this ordinance is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of populations, to regulate the use of land, and to promote the health, safety, and general welfare of the City of Lake View, Iowa.

165.01.03:  INTERPRETATION OF STANDARDS

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements.  Where this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or Ordinances, the provisions of this Ordinance shall control.

165.02:  DEFINITIONS

For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows:

Person.  The word person includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The present tense includes the future tense, the singular number includes plural, and the plural number includes the singular.

The word shall is mandatory; the word may is permissive.

The words used or occupied include the words intended, designed, or arranged to be used or occupied.

The word lot includes the words plot or parcel, and all other words or phrases used to denote an individual building site which complies with the minimum provisions of this Ordinance.

Accessory Structure:

A structure, greater than 64 square feet, subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to the use of the principal building or an accessory lakeshore storage building.  Accessory buildings shall be completely enclosed with four walls, and have a minimum roof pitch of 3:12.  No "Quonset-type" buildings are permitted.

Administrator:

The individual appointed by the City Council to administer and enforce the provisions to this ordinance.

Agriculture:

The use of land for agricultural purposes, including animal husbandry, dairying, farming, floriculture, forestry, groves, horticulture, orchards, poultry husbandry, ranching, viticulture, and the necessary accessory uses for packing, treating or storing the produce; however, the operation of the accessory uses shall be subordinate to that of the normal agriculture activities.

Alley:

A public way other than a street, twenty-six feet or less in width, affording secondary means of access to abutting property.  An alley shall not be considered a public thoroughfare.

Billboard:

            A off-premise, free standing message center greater than 64 square feet.

Building:

Any structure having a roof supported by walls or by columns intended for enclosure, shelter or housing of persons, animals or chattel.

Building, Height of:

The vertical distance from the average finished ground grade as determined from the front to the rear at the building line to the highest projection of the roofline excluding chimneys.

Cabin:

            A smaller residential structure, intended for seasonal or permanent occupancy, which does not meet the minimum residential standards as defined in Section 165,07,02.A.1.

Centerline, Public Thoroughfare:

A line running parallel with the thoroughfare right-of-way which is half the distance between the extreme edges of the official right-of-way width.

Commercial Use:

A use operated for profits or compensation.

Conditional Permit:

A permit issued in view of specified conditions, limitations or restrictions, and which is subject to review or cancellation.

Deck:  

An elevated structure made of cement, asphalt, wood, or other building materials that exceeds the height limitations of a patio.  This is considered part of the principle dwelling.  A deck therefore will be required to fall within all setback requirements and will require a building permit.

Driveway:

            A private access point to a public roadway that has a surface of crushed rock or better.

Dwelling:

A building containing one or more dwelling units which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer or travel trailer.

Dwelling Unit:

One or more rooms in a building used for occupancy by one family as a home or residence for living or sleeping purposes and in which the cooking and sanitary facilities are designed for the use of one family only.

Dwelling, One-Family:

A building designed for and used exclusively for residential purposes by one family and containing one dwelling unit.

Dwelling, Multiple:

A building designed for and used for occupancy by two or more families living independently of each other and containing two or more dwelling units.

Family:

An individual or two or more persons related by blood, marriage or adoption living together in a single housekeeping unit in a dwelling unit, or a group of not more than five persons who need not be related, living together as a single housekeeping unit in a dwelling unit.

Fence:

An artificially constructed barrier of any material or combination of materials which is 18" or taller erected to enclose or screen areas of land.

Garage, Private:

An accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.  A private garage of less than three car capacity may be rented for the private vehicles of persons not residents on the premises.

Home Occupation:

Any occupation or profession conducted solely by resident occupants, and not more than one employee, in their place of abode, involving primarily service and not the sale of commodities upon the premises; provided further that not more than one-quarter the area of not more than one floor level of the building may be used in pursuit of the occupation, and in connection therewith there is used no sign other than one name plate affixed to the outer wall, of not more than two square feet in area that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.

Interior Lot :

Any lot not immediately adjacent to a natural body of water.

Keyholing:

Keyholing or funneling is the use of a water front property (whether riparian or not) as a common open space giving waterfront access to a larger development located away from the waterfront.

Land Disturbing Activity:

Any earth movements, including but not limited to grading, topsoil removal, mineral extraction, road or bank cutting, waterway construction or enlargement, excavation, filling or stripping of vegetation.  Excluded from this definition are excavation, filling or a combination thereof involving less than three (3) cubic yards and tilling, vegetation and/or tree cover removal from an area less than one hundred (100) square feet.

Lakeshore Accessory Storage Building :

A structure of any dimension to be used for the storage of lake equipment, such as oars, life preservers, fishing tackle, etc.

Lot :

A parcel of land or two or more contiguous parcels used as a unit under the provisions of this Ordinance, and having its principal frontage on a dedicated street or on a lakeshore and consisting of any one of the following:

A.        A single lot of record.

B.         A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record.

C.        A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this Ordinance.

Lot Lines:

A.   Front.  The front property line of a lot other than a lakeshore lot shall be determined as follows:

Corner Lot .  The front property line of a corner lot shall be the shorter of the two lines adjacent to the streets as platted, subdivided or laid out.  Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block.  If such front is not evident, then either may be considered the front of the lot, but not both.  In any event, structures located on corner lots must meet front yard setback from both lot line abutting the streets.

Interior Lot .  The front property line of an interior lot shall be the line bounding the street frontage.

Through Lot .  The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block.  Where such front property line is not obviously evident, the Board of Adjustment shall determine the front property line.

B.         Rear.  The rear property line of a lot is that lot line opposite the front property line. 

C.        Side.  The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.

Lot Measurements:

A.        Area.  The gross area exclusive of streets or other public rights-of-way within the boundary lines of a lot.

B.                 Depth.  The mean horizontal distance between the front and rear, lot lines as measured perpendicular to the midpoint of the mean front lot line. 

C.                 Width.  The horizontal distance between the side lot lines as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front setback. 

Lot Types:

A.        Corner Lot .  A lot located at the intersection of two or more streets designed to accommodate licensed motor vehicular traffic and having the street right-of-way abut the front on one or more side lines of the lot. 

B.                 Double Frontage Lot .  A lot other than a corner lot with frontage on more than one street or public thoroughfare which does not intersect one another.

C.                 Interior Lot .  A lot other than a corner lot having frontage on but one street or public thoroughfare.

D.        Key Lot .  An interior lot, one side of which is contiguous to the rear line of a corner lot.

E.         Lakeshore Lot .  A lot having one or more sides that abut the high water mark at a State owned lake, or abuts public lands adjacent to a State owned lake.

Mobile Home:

A vehicular portable home designed and built for longterm residential occupancy as

defined in Chapter 146, Lake View Code of Ordinances. 

Mobile Home Park :

Any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes and travel trailers. 

Parking Area, Public:

An open area which is used for the temporary parking of more than four automobiles and is available for public use whether free or for compensation.

Parking Space, Automobile:

An area other than a street or alley reserved for the parking of an automobile, such space having a dimension not less than ten feet by twenty feet, plus such additional area as is necessary to afford adequate ingress-egress. 

Patio:

            A structure made of cement, asphalt, or wood set at ground level but in no instance

exceeding 18" in height, including railings.  Any portion of this structure which exceeds 18" in height shall be subject to setback requirements.

Principal building: 

The structure which houses the main use on the property.

Public Access:

A tract of land of any dimension adjacent to and fronting on a body of water that has been dedicated to the use of the general public.

Public Lake :

All lakes bordering the City of Lake View, Iowa under the ownership and control of the State of Iowa or any subdivision thereof.

Restricted Businesses

            Any business activity which offers the opportunity to view sexual activities or view or touch anatomical areas for entertainment purposes in a manner that offends contemporary standards in the community of Lake View, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. 

This category includes the sale or viewing of visual or print materials that meet these criteria.  Typical uses include retail services or stores which are distinguished by an emphasis on activities or materials that emphasize sexual content; businesses which offer live performances characterized by exposure of specific anatomical areas; and adult theaters.  Restricted Business may operate only in the Commercial district upon the granting of a Special Exception by the Board of Adjustment.

Setback:

That point to which structures must be located to conform with requirements for front,

side, and rear yards.  This point shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, overhangs, and decks.

Story:  That portion of a building, other than a basement not having over 50 percent of its height below grade, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it then the space between the floor and the ceiling next above it.

(Amended Ordinance No. 390    Sept. 2004)

Story, Half:  A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level.  A half-story containing independent living quarters shall be counted as a full story.

(Amended Ordinance No. 390    Sept. 2004)

Structure

Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses.

Variance:

A modification of the specific regulations of this Ordinance granted by resolution of the Board of Adjustment in accordance with the terms of this Ordinance for the purpose of assuring that no property, because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

Yard:

An open space, unoccupied and unobstructed from the ground upward, except for landscaping or as otherwise provided in this Ordinance.

165.03:  OFFICIAL ZONING MAP

The City is hereby divided into districts as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

The Official Zoning Map shall be identified by the signature of the Mayor, and bearing the seal of the town under the following words: "This is to certify that this is the Official Zoning Map referred to in Ordinance Number 335 of the City of Lake View, Iowa adopted on this _______ day of ____________, 2000.

If in accordance with the provisions of this Ordinance, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the governing body with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following changes(s) were made in the Official Zoning Map: (brief description), which entry shall be signed by the Mayor and attested by the City Clerk.  No amendment to this Ordinance which involves matter portrayed on the Official Zoning Map, shall become effective until after such change and entry has been made on said map.

165.04:  DISTRICTS

For the purpose of this Ordinance, the City of Lake View is hereby divided into use districts as follows:

R-2      Single and Two-family Residential District

R-3      Multi-Family Residential District

L-R      Lakeshore Residential District

PA       Provost Area Residential

MH      Mobile Home District

PA       Parks and Open Spaces

C         Commercial District

I           Industrial District

A         Agricultural District

165.05:  BOUNDARIES

Where uncertainty exists as to the boundaries of any of the aforesaid districts, the district boundaries are either lot lines or the center lines of streets and alleys, unless otherwise shown, and where the districts designated are bounded approximately by street, alley or lot lines and are without dimensions; otherwise, the lot lines of streets and alleys shall be construed to be the boundary of the district.

165.06:  GENERAL REGULATIONS

165.06.01:  CONFORMANCE REQUIRED

Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, moved 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.

165.06.02:  CONTINUING EXISTING USES

The lawful use of a building existing at the time of the enactment of this Ordinance may be continued even though such use may not conform with the regulations of this Ordinance for the district in which it is located.  Any use in existence at the adoption hereof which was not an authorized nonconforming use under previous Zoning Ordinances shall not be authorized to continue as a nonconforming use pursuant to this Ordinance, or amendments thereto.

165.06.03:  NONCONFORMANCE

Within the districts established by this Ordinance or by amendments which may later be adopted, there exist lots, structures, buildings and uses which were lawful before this ordinance was effective or amended, but which would be prohibited, regulated or restricted under the provisions of this Ordinance or future amendment, the intent of this Ordinance is to permit these nonconformities to continue until they are removed, but not to encourage their survival.  It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended in such a way as increases their nonconformity, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

165.06.04:  NONCONFORMING USES

No building or land devoted to a use not permitted by this Ordinance in which such building or land is located, except when required by law, shall be enlarged, extended, constructed, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building, structure or premises is located, except as follows:

A.      DISCONTINUANCE

In the event that a nonconforming use of any building, structure or land is discontinued for period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which It is located.  The use of land upon which no improvement or structure is erected or constructed which does not conform to the provisions of this Ordinance and the use of land upon which no building is erected or constructed which becomes nonconforming by reason of a subsequent change in this Ordinance, shall be discontinued within one year from the date of the change.

B.         REPLACING DAMAGED BUILDINGS

Any nonconforming building or structure damaged more than fifty per cent of its then replacement value as determined by the building inspector, 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; but if less than fifty per cent is damaged above the foundation, it may be restored, reconstructed, or used as before, provided that it be done within six months of such happening.

165.06.05:  STREET FRONTAGE REQUIRED

No lot except a lakeshore lot shall contain any building used in whole or in part for residence purposes unless such lot abuts at least forty feet on at least one street or right-of-way, or unless it has an exclusive unobstructed private easement of access or right-of-way at least twenty feet wide to a street; and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least fifty feet wide shall be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.

165.06.06:  ACCESSORY BUILDINGS AND GARAGES

No accessory building or structure shall be erected in a required yard or court, except as provided for hereinafter:

A.        An accessory building, excepting one housing animals or fowl, may be erected within the permissible building area of a lot, provided said accessory building complies with all yard requirements for the principal building.  An accessory building may be connected to the principal building by breezeway or similar covered walkway, but if so connected shall be considered as part of the principal building.  Spaces used for home occupations and garages, when constructed as parts of the structure of a principal building, will not be considered as accessory buildings, and shall conform to the requirements for the principal building. 

B.         Accessory buildings shall be no closer to the front lot line than the front line of the principal building.

C.        Accessory buildings (including garages) shall not exceed one story or fifteen feet in height, except accessory buildings which are at least two hundred feet (200’) from any existing structures may be constructed to a maximum height of twenty one feet

(Amended Ordinance No. 364     Nov. 2002)

D.                 Accessory buildings and structures which are constructed above the normal ground surface in any yard area, shall not occupy more than thirty per cent of the yard area in which they are located; this regulation shall not be interpreted to the construction of a two car garage which exceed six hundred (600) square feet gross area, provided all other provisions of this Ordinance are complied with.

E.                  Garages alone may be permitted on a vacant residential lot provided that the lot is owned and occupied as a principle structure by the same owner of the adjacent property or a property within 200' of the vacant lot.  Garages alone may be built on properties across a public right-of-way so long as the property is within 200' of a property owned and occupied as a principle structure by the same owner.

F.                  Any structure which is less than 64 square feet must be set at least four feet off of all property lines.

G.                 TV and radio antennas are exempt from height requirements.  All antennas are to be placed as close as practical to the principle structure.

H.                 In all residential districts, detached garages, and accessory buildings shall be residential in character, with similar architectural features as the principal structure including roof slope, overhangs, etc.  Vertical corrugated metal shall not be used as siding material on houses, accessory buildings, or any other structure larger than 144 square feet.

(Amended Ordinance No. 386    Apr. 2004)

165.06.07:  FRONT YARD

In any R-District there shall be a minimum front yard required as stated in the yard requirements for that particular district; provided however that where lots comprising thirty per cent or more of the frontage within 200 feet of either side lot line are developed with buildings at a greater or lesser setback, the front yard minimum requirement shall be the average of these building setbacks.  In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots, shall not be counted.

165.06.08:  SIDE OR REAR YARD ADJACENT TO ALLEY

If a side or rear yard is adjacent to a public alley, a setback of ten foot (10') is required.  This requirement does not apply to properties in the Commercial District.

165.06.09 FENCES, WALLS AND VISION CLEARANCE

A.                 Fences shall be constructed of materials commonly used for landscaping or fencing, such as masonry block, brick, field stone, limestone, concrete, lumber, vinyl or chain link, but shall not include corrugated sheetmetal, chicken wire, livestock panels, barbed wire or salvage material, or be electrified.Vertical board fences shall have a maximum edge to edge spacing between the boards of one inch less than the width of the widest board. Horizontal nailing boards on rails shall be 45 inches apart.

B.                 Chainlink fences shall have a maximum opening between the links of 2 3/8 inches as measured diagonally. Support posts shall be firmly implanted in the ground and shall be spaced not more than ten feet apart.  Chainlink fencing shall be attached to the top rail by fence ties at intervals of not more than three feet apart.  Fencing shall be attached to the support posts and top rail by using standard chainlink fence hardware.

C.                 Wrought iron fencing shall have a maximum spacing of four inches between the vertical rails and a minimum spacing of five feet between the horizontal rails.

D.                 Decorative fencing may be used in connection with landscaping purposes.  Such fencing shall not exceed four (4) feet above grade level.   Any decorative fencing other than a split-rail or picket fence made of wrought iron, wood or vinyl in the front yard shall require approval of the Board of Adjustment.

E.                  The finished side of  any fence shall face out from the enclosed lot.

F.                  In any District, fences and walls not exceeding eight (8) feet in height are permitted within the limits of side, rear and front yards, except that no fence or wall shall be permitted within the Front Yards of the LR District (except earth retaining walls).  Fences may not extend beyond the front line of the principal dwelling in the LR District.   Fences constructed in a front yard shall be no more than 30 percent solid.  In the case of retaining walls supporting embankments, the above requirements shall apply only to that part of the wall above the ground surface of the retained embankment.

G.                 Disputes between two adjacent property owners concerning plantings, trees, bushes or hedges obstructing views, sunlight or air shall be considered a civil matter between parties and shall be resolved in a court of law as a civil proceeding.

H.                 Open patios including railings not exceeding 1 1/2 feet above grade may be permitted.

I.                    Fences shall be erected at least two feet off the property line.

J.                   Common-fences may be placed on the property line if agreed to by all affected property owners.

K.                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 two and one-half feet and ten feet above the centerline grades of the area described as follows:  That area bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines twenty-five feet from the point of intersection of said right-of-way lines.  This regulation shall not apply to the C-District.

L.                  Persons wishing to erect a fence must obtain a fence permit prior to construction.  Fence permits are issued and enforced in the same manner as a building permit.  Application fee for a fence permit shall be established by resolution of the City Council.

M.               Every fence shall be remain structurally sound and in a good state of repair or shall be removed.

N.                Fences erected or maintained in violation of Section 165.06.09 shall be repaired or removed at the expense of the property owner.

(Amended Ordinance No. 377     Nov. 2003)

165.06.10:  SIGNS:

A.     Off-premises signs are not permitted.  Billboard are not permitted.  Real estate, construction and political signs not to exceed sixty four square feet are permitted.

B.     No sign may be lighted in a manner which impairs with vision of the driver of any motor vehicle.

C.     No sign may obstruct the view of any highway so as to render dangerous the use of the highway.

D.     No sign may imitate or resemble an official traffic control sign, signal or device.

E.      Signs shall not encroach or extend over public right-of-way.

F.      No sign may obscure or physically interfere with an official traffic control sign, signal or device.

G.     No advertisement shall be posted or maintained on rocks, fences, trees or other perennial plants, or on poles maintained by public utilities.

165.06.11:  REOUIRED YARD CANNOT BE REDUCED

No lot shall be reduced in size so as to make the width or total area of the lot or any yard, or any other open space, less than the minimum required by this Ordinance.  No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or other open space required under this Ordinance for another building or structure.  Off-street parking and loading areas may occupy all or part of any required yard or open space except as otherwise specified in this Ordinance; however, no off-street parking shall be permitted in the front and side yards in a Residential District, except for motor vehicles and trucks (one ton and less) on driveways.

165.06.12:  STRUCTURES PERMITTED ABOVE HEIGHT LIMIT

The building height limitations of this Ordinance may be modified as follows:

A.                 Chimney, cooling towers, fire towers, grain elevators, monuments, windmills, penthouses, stacks, stage towers or scenery lofts, tanks, silos, water towers, ornamental towers and spires, commercial radio or television towers or necessary mechanical appurtenances may be erected to a height approved by the Board of Adjustment.

B.         Public, semi-public, or public service buildings, hospitals, sanatoriums or schools when permitted in a district may be erected to a greater height than otherwise permitted in the district if the building is set back from each property line at least one foot in addition to the minimum yard requirements, for each two feet of additional building height above the height limit otherwise provided in the district in which the building is constructed.

165.06.013:  WATER RUN-OFF

Persons undertaking new construction, alteration to existing structures, or other manipulation of the land grade may not cause additional water run-off to be placed on neighboring properties.  If it is apparent that more water run-off will be created by the new or altered construction, the City may require additional measures be taken to control the additional run-off.  However, issues pertaining to water run-off remain a civil matter under Article I of the Iowa Constitution and the Code of Iowa and the City of Lake View assumes no responsibility or liability for damages caused by water run-off.

165.06.14:  KEYHOLING

With respect to any parcel of land contiguous to the lake and situated in a residentially-zoned district (LR, R-1 or R-2), said parcel of land may be dedicated for the purpose of providing access to the lake (whether by easement, license, dedication, share ownership or declaration to horizontal property regime), so long as the property dedicated for lake access is at no point less than twenty five feet (25’) wide.  Further, no permanent or temporary structures are allowed, including tents, grills, picnic tables, etc.  No parking will be allowed on the land dedicated as the lake access point.  A 5’wide concrete sidewalk must be installed in the center of the lot dedicated as the lake access point.  The lake access point must meet all applicable standards of the Americans with Disabilities Act.

165.07  R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT

165.07.01:  REGULATIONS

The R-2 Single-Family Residential District is one of single and two-family homes designed to maintain, protect and preserve a character of development with not more than two-family dwellings and customary accessory buildings on one lot.

165.07.02:  USE REGULATIONS

A building or premises shall be used for the following purpose:

A.        PRINCIPAL PERMITTED USES

1.                  A single-family dwelling on each lot or building site.  Minimum residential dwelling standards are as follows:

a.                   The minimum width of a dwelling structure or principle building shall be twenty (20) feet at the exterior dimension of three or more exterior walls, exclusive of attached garages, porches, or other accessory structures.

b.                  All dwelling units shall be placed on a permanent frost-free foundation.

c.                   All dwelling units shall provide for a minimum of seven hundred (700) square feet of floor space.

d.                  All dwelling units shall have a roof pitch of 3:12 or greater.  This requirement shall not apply to manufactured housing if the housing otherwise complies with 42 U.S.C. Sec. 5403.

2.         Two-family dwellings.

B.         ACCESSORY USES.

               1.            Normal accessory buildings and structures for a dwelling such as private

garages, barbecue pits, gardens, playground equipment, tennis courts, etc. Accessory buildings shall have a permanent perimeter foundation, be completely enclosed with four walls, and have a minimum roof pitch of 3:12.  No "Quonset-type" buildings are permitted.

2.         Customary Home Occupations: Provided that such occupations shall be conducted solely by resident occupants in their place of abode, and not more than one employee, involving primarily service and not the sale of goods or commodities upon the premises and provided that not more than one-fourth (1/4) the area of one (1) floor shall be used for such purpose. 

3.         Pickup campers, travel trailers, motor homes, motor boats, and boat lifts may be stored for more than 72 hours, provided, however, that the owner or tenant of the property is in fact the actual owner of the unit, and further provided, that said units may not be occupied. 

165.07.03:  SPECIAL EXCEPTIONS: 

Certain uses may be permitted in the R2 district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.                  Nursery schools.

2.                  Public or private utility substations, relay stations, etc.

3.                  Churches or accessory facilities (on or off site).

4.                  Public or private swimming pools with a depth exceeding two feet.

5.                  Public or private schools.

6.                  Golf courses, but not miniature courses or driving ranges.

165.07.04:  MAXIMUM HEIGHT REGULATION

No principal building shall exceed thirty-five feet in height.  Communications towers for non-commercial use are exempt from this height regulation.

165.07.05:  BULK REGULATIONS

The following minimum requirements shall be observed.  The setback shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, overhangs, and decks.

                                                                                                            Side Yard Width

                                                                                                            Least        Minimum

                                                                                    Front                Width         Sum of       Rear

Principal                                               Lot                    Yard                on any         Side          Yard

Use                              Lot Area          Frontage           Depths             side            Yards         Depths

One Story

Single-                          7,500              

Family              sq. ft                 50 ft.                12 ft.                4 ft.             8 ft.           10 ft.

Dwelling

Two Story

Single-                          7,500              

Family              sq. ft                 50 ft.                12 ft.                6 ft.             12 ft.         10 ft.

Dwelling

Two-                            7,500

Family                          sq. ft.                50 ft.                12 ft.                8 ft.             16 ft.         20 ft.

Dwellings

All structures must be at least ten feet (10') from a public alley.

All principal structures, even those owned by the same owner, must maintain a separation distance of eight feet.

One and one-half story structures require the side yard setback of a single story structure. 

Two and one-half story structures require the side yard setback of a two story structure.

(Amended Ordinance No. 390    Sept. 2004)

165.07.06:  OPEN SPACE REOUIREMENTS

All buildings and land use in the R-2 District shall comply with the following:  On each lot there shall be provided an open space equal to at least twenty-five per cent of the total lot area; said space shall be unencumbered with any structure and shall be landscaped and well maintained with grass, trees and shrubbery.

165.07.07:  OFF-STREET PARKING REGULATION: 

A.     Dwellings:  two (2) parking spaces in the lot for each living unit in the building.

B.     Churches:  one (1) parking space on the lot for each 5 seats in the main auditorium.

165.08  R-3 MULTI-FAMILY RESIDENTIAL DISTRICT

165.08.01:  REGULATIONS  The R-3 Multi-Family Residential District is one of a limited number of family residences and other compatible uses designed to maintain, protect and preserve a character of development in which a minimum of 2,500 square feet of lot area must be provided for each dwelling unit.

165.08.02:  USE REGULATIONS  Buildings shall be used only for the following purposes:

A.        PRINCIPAL PERMITTED USES.

1.                  Any use permitted in the R-2 District providing such use shall comply with the minimum requirements of the R-3 District.

2.                  Multi-family dwellings; providing however, individual buildings shall contain not more than twelve (12) dwelling units, and further, that a minimum of 2,500 sq. ft. of lot area be provided for each dwelling unit and its customary accessory buildings.

3.                  The renting of residential property such as a room, a group of rooms or an entire residence.

.         ACCESSORY USES.

1.                     Any use permitted in the R-2 District providing such use shall comply with the minimum requirements of the R-3 District. Accessory buildings shall have a permanent perimeter foundation, be completely enclosed with four walls, and have a minimum roof pitch of 3:12.   No "Quonset-type" building are permitted.

2.                  Playground areas and equipment accessory to multi-family dwellings.

3.                  Customary Home Occupations: Provided that such occupations shall be conducted solely by resident occupants in their place of abode, and not more than one employee, involving primarily service and not the sale of goods or commodities upon the premises and provided that not more than one-fourth (1/4) the area of one (1) floor shall be used for such purpose. 

4.                  Pickup campers, travel trailers, motor homes, motor boats, and boat lifts may be stored for more than 72 hours, provided, however, that the owner or tenant of the property is in fact the actual owner of the unit, and further provided, that said units may not be occupied.

165.08.03:  SPECIAL EXCEPTIONS: 

Certain uses may be permitted in the R-3 district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.      Nursery schools.

2.      Public or private utility substations, relay stations, etc.

3.      Churches or accessory facilities (on or off site)

4.      Public or private schools.

5.      Golf courses, but not miniature courses or driving ranges.

6.      Public or private swimming pools with a depth exceeding two feet.

165.08.04:  LOT AREA, FRONTAGE AND YARD REOUIREMENTS

The following minimum requirements shall be observed.  The setback shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, overhangs, and decks.

                                                                                                            Side Yard Width

                                                                                                            Least        Minimum

                                                                                    Front                Width         Sum of       Rear

Principal                                               Lot                    Yard                on any         Side          Yard

Use                              Lot Area          Frontage           Depths             side            Yards         Depths

One Story

Single-Family                5,000              

Dwelling                       sq. ft                 50 ft.                12 ft.                4 ft.             8 ft.           10 ft.

Two Story**

Single-Family                5,000              

Dwelling                       sq. ft                 50 ft.                12 ft.                6 ft.             12 ft.         10 ft.

   ** add two feet to each side yard for a third story.

Two-                            7,500

Family                          sq. ft.                50 ft.                12 ft.                8 ft.             16 ft.         20 ft.

Dwellings

Multi-Family                 10,000

Dwellings                      sq. ft.                80 ft.                30 ft.                10 ft.           20 ft.         35 ft.

All structures must be at least ten feet (10') from a public alley.

All principal structures, even those owned by the same owner, must maintain a separation distance of eight feet.

One and one-half story structures require the side yard setback of a single story structure. 

Two and one-half story structures require the side yard setback of a two story structure. (Amended Ordinance No. 390    Sept. 2004)

165.08.05:  MAXIMUM HEIGHT REGULATION

No principal building shall exceed thirty-five feet in height.  Communications towers for non-commercial use are exempt from this height regulation.

165.08.06:  OPEN SPACE REOUIREMENTS

All buildings and land use in the R-3 District shall comply with the following:  On each lot there shall be provided an open space equal to at least twenty-five per cent of the total lot area; said space shall be unencumbered with any structure and shall be landscaped and well maintained with grass, trees and shrubbery.

165.08.07:  OFF-STREET PARKING REGULATION: 

A.     Dwellings:  two (2) parking spaces in the lot for each living unit in the building.

B.     Churches:  one (1) parking space on the lot for each 5 seats in the main auditorium.

165.09  L-R LAKESHORE RESIDENTIAL DISTRICT

165.09.01:  REGULATIONS

The L-R Lakeshore Residential District consists of property for residential use having lake frontage.  Because of the uniqueness of this water-abutting district, in any instance in which any regulation of the L-R District conflicts with other provisions of this Ordinance, the L-R District regulations shall prevail.

165.09.02:  USE REGULATIONS

A building or premises shall be used only for the following purposes:

A.        PRINCIPAL PERMITTED USES

1.         Any principal permitted use allow in the R-2 district.

2.         The renting of residential property such as a room, a group of rooms or an entire residence.

3.         Multi-family structures are permitted within only the area defined as Lot 16, Friedrichsen's Addition.

B.         ACCESSORY USES

1.         Any accessory buildings permitted in the R-2 District except no accessory building shall be used for residential purposes, or temporary living quarters to house a person and/or persons for overnight sleeping accommodations.

2.         Lakeshore lots are not to be used for commercial access purpose.

3.         Pickup campers, travel trailers, motor homes, motor boats, and boat lifts may be stored for more than 72 hours, provided, however, that the owner or tenant of the property is in fact the actual owner of the unit, and further provided, that said units may not be occupied. 

165.09.03:  SPECIAL EXCEPTIONS: 

Certain uses may be permitted in the L-R district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.      Public or private utility substations, relay stations, etc.

2.      Golf courses, but not miniature courses or driving ranges.

165.09.04:  MAXIMUM HEIGHT REGULATION

No principal building shall exceed thirty-five feet in height.  Communications towers for non-commercial use are exempt from this height regulation.

165.09.05:  BULK REQUIREMENTS

    A.         The front of the property shall be toward the lake.  The front property line shall be the "ordinary high water mark" on the lake side of the lot, or the property line which abuts a public lake access area.

B.                 The following minimum requirements shall be observed.  The setback shall be

measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, overhangs, and decks.

                                                                                                            Side Yard Width

                                                                                                            Least        Minimum

                                                                                    Front                Width         Sum of       Rear

Principal                                               Lot                    Yard                on any         Side          Yard

Use                              Lot Area          Frontage           Depths             side            Yards         Depths

Single                           3,000                                                                                                  

Story Dwellings            sq. ft                 50 ft.                12 ft.                4 ft.             8 ft.             10 ft.

Two                             3,000                                                                                                  

Story Dwellings            sq. ft                 50 ft.                12 ft.                6 ft.             12 ft.           10 ft.

All principal structures, even those owned by the same owner, must maintain a separation distance of eight feet.

** Multi-family housing must meet all requirements as found in the R-3 zone.

*** The front setback in the Lakewood Addition shall be the smallest setback of the two neighboring structures on each side of the construction project.  (i.e. structures can be constructed so that they do not extend closer to the lake than their two neighbors on each side.)

One and one-half story structures require the side yard setback of a single story structure. 

Two and one-half story structures require the side yard setback of a two story structure.

(Amended Ordinance No. 390    Sept. 2004)

165.09.06:  NON-CONFORMING STRUCTURES IN THE L-R DISTRICT

Residential structures which are more than 50% destroyed via any fire or other act of God and which do not meet the requirements of this Code may be rebuilt on the location of the original foundation.  This provision does not apply to intentional demolition of a non-conforming structure.

Due to the uniqueness of the area and the great number of smaller cabins, structures within the Lakewood Addition may be reconstructed on their existing foundation or at a setback equivalent to the location of the old structure if no portion of the lot on which the structure is located exceeds thirty feet (30’) in width.
165.09.07:  OPEN SPACE REOUIREMENTS

All buildings and land use in the L-R District shall comply with the following:  On each lot there shall be provided an open space equal to at least twenty-five per cent of the total lot area; said space shall be unencumbered with any structure and shall be landscaped and well maintained with grass, trees and shrubbery.

165.09.08:  REGULATIONS PROHIBITING CONSTRUCTION OF LAKESHORE ACCESSORY STORAGE BUILDINGS AND OTHER STRUCTURES.

A.        The construction of any structure on lakeshore banks, except stairways and landing providing access to lake docks, is prohibited. 

B.         Stairways permitting access to lake docks may be constructed providing the stairways do not exceed four (4')feet in width and further providing the most direct route from the origin of the bank to the dock is made.  Only one stairway or access to the lake-dock, per dwelling, is permitted.

C.        Rest landings constructed in conjunction with stairways are permitted and are also limited in width to four (4) feet.

D.        Stairways and landings may be constructed.  Stairways and landings that are excavated into the bank shall provide for adequate drainage or plant growth to prevent erosion from occurring on either side.

E.         Permits for the construction of stairways and landings may be applied for through City offices in the same manner as other building permits and the same fee schedules shall apply.

1.         All permit applications for dock steps shall be accompanied by a plan indicating appropriate erosion control methods which will be taken to control erosion of the area under and at the sides of steps.

2.         A permit shall be required for the repair of any structure now existing on lakeshore banks including but not limited to steps, buildings, patios, decks, retaining walls etc.  The permit application shall be filed with the Zoning Administrator and must include a plan indicating the nature and extent of the repair work and shall incorporate adequate erosion control plans to prevent erosion during and after the repair work has been completed.

165.09.09:  LANDSCAPING OF LAKESHORE PROPERTY

       A.      Shoreline Bank Defined.  The shoreline bank of Blackhawk Lake, for the purpose of this ordinance, shall include any real property within a Lakeshore Residential District which is above the 'ordinary high water mark" and which is below the existing grade of the lot or lots of which the shoreline bank is a part.                              

                                                                                                                 Grade

Shoreline Bank

Lot

Ordinary High

Water Mark

  Blackhawk Lake

B.           Ordinary High Water Mark Defined.  As used in this ordinance, the term "ordinary high water mark" means the line located as such by the Iowa Department of Natural Resources.

C.           Landscaping Defined.- Landscaping shall mean that comprehensive array of activities pursuant to which rock or soil is cut into, dug, quarried, uncovered, displaced or relocated and which includes removal of viable plant life, rock or soil deposited by persons in the past or by natural means, and replaced by any manner or terracing by rock, timbers, retaining walls or other conventional means.  Landscaping shall not mean the act of excavating real property for construction of a foundation or otherwise preparing the same for the construction or erection of a dwelling or other building.

D.           Unlawful Act.  It shall be unlawful for any individual, person, corporation or other entity to landscape shoreline bank in any manner.

E.           Unlawful Acts.  It shall be unlawful for any individual, corporation or other entity to permanently remove viable native vegetation or other viable plant life from the lakeshore bank without replacing the same with other vegetation that is equally effective in retarding erosion and preserving the natural appearance of the lakeshore bank.  This provision shall not be constructed to prohibit the pruning or trimming of existing vegetation nor shall it prohibit the removal of harmful, poisonous or noxious plant life from the lakeshore bank.

F.           Penalty.  Any violation of any provision of this Ordinance may be enforced in accordance with Chapter 4 of the Code of Ordinance of the City of Lake View, Iowa.

G.           Exceptions.  It is acknowledged that in certain areas lakeshore bank is subject to erosion and siltation due to the terrain of adjacent real estate.  It Is further acknowledged that in certain areas lakeshore bank is subject to bank erosion due to wave action of the lake.  A special landscaping permit may be obtained from the Zoning Administrator for the purpose of allowing the performance of limited landscaping of lakeshore bank in order to prevent erosion and siltation in such instances.  Applications for a special landscaping permit shall be filed through the Zoning Administrator in the same manner as a building permit.

H.        Appeal.  Appeals of any decision by the Zoning Administrator denying the issuance of a special lakeshore landscaping permit may be appealed to the Board of Adjustment.

165.09.10:  OFF-STREET PARKING REGULATION: 

Dwellings:  two (2) parking spaces in the lot for each living unit in the building.

165.10  PROVOST AREA RESIDENTIAL DISTRICT

165.10.01:  REGULATIONS

The Provost Residential District consists of property for seasonal or permanent residential use on the area commonly known as Provost Island .  This property is unique in that much of the land is owned by one owner and is not subdivided.  Structures in the Provost Area are owned by the occupant, but the land on which the structures sit is leased from another owner.  Because of the uniqueness of this Provost Area district, in any instance in which any regulation of the Provost Area District conflicts with other provisions of this Ordinance, the Provost Area District regulations shall prevail.

165.10.02:  USE REGULATIONS

A building or premises shall be used only for the following purposes:

A.        PRINCIPAL PERMITTED USES

1.                  A single family dwelling.

2.                  Cabins which otherwise may not meet minimum housing requirements.

3.         The renting of residential property such as a room, a group of rooms or an entire residence.

B.         ACCESSORY USES

1.         Any accessory buildings permitted in the R-2 District.

165.10.03:  SPECIAL EXCEPTIONS: 

Certain uses may be permitted in the Provost Area district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.       Public or private utility substations, relay stations, etc.

165.10.04:  MAXIMUM HEIGHT REGULATION

No principal building shall exceed thirty-five feet in height.  Communications towers for non-commercial use are exempt from this height regulation.

165.10.05:  BULK REGULATIONS

A.           The front property line shall be the "ordinary high water mark" on the lake side.

B.          The rear property line shall be the right-of-way line on South State Road .

C.        The following minimum requirements shall be observed.  The separation distance shall be measured from a vertical plane from the portion of the structure nearest the property line or adjacent structure, including cantilevers, overhangs, and decks.

            Front Yard:                                                      12 feet

            Rear Yard:                                                       10 feet

            Separation Distance

            Single Story Structure                                       6 feet

            Two Story Structure                                         8 feet

            The separation distance shall be split equally between the owners of the two adjacent structures.  In the event that a structure is constructed or enlarged which is adjacent to a non-conforming structure, the new construction must provide a separation distance of at least 50% of the distance set forth above.

            The separation distance shall not apply to buildings owned by the same owner, such as garages, equipment sheds, etc., but all buildings shall meet the front, rear and side separation distances.

One and one-half story structures require the side yard setback of a single story structure. 

Two and one-half story structures require the side yard setback of a two story structure.

(Amended Ordinance No. 390    Sept. 2004)

165.10.06:  OFF-STREET PARKING REGULATION: 

1.      Dwellings:  two off-street (2) parking spaces for each living unit.

165.11  MH - MOBILE HOME DISTRICT

165.11.01:  REGULATIONS

This district is intended to provide a certain medium density residential area in the City now developed as mobile home parks which by reason of their design and location are compatible with surrounding residential areas and areas of the City where similar development seems likely to occur. 

165.11.02:  USE REGULATIONS

A.        PRINCIPAL PERMITTED USES

Mobile homes located in an approved mobile home park.

B.         ACCESSORY USES.

1.              Any use permitted in the R-2 District providing such use shall comply with the minimum requirements of the MH District.

2.              Customary Home Occupations: Provided that such occupations shall be conducted solely by resident occupants in their place of abode, and not more than one employee, involving primarily service and not the sale of goods or commodities upon the premises and provided that not more than one-fourth (1/4) the area of one (1) floor shall be used for such purpose. 

165.11.03:  BULK REGULATIONS

1.                  Each mobile home park shall consist of at least 5 acres.

2.                  All utility wires, pipes, and tanks shall be underground, with the exception of above-ground tanks for heating fuel.

3.                  Set backs on each mobile home lot shall be as follows:  front yard - 12 feet; side yard - 4 feet, rear yard - 10 feet.

4.                  All minimum street widths in mobile home parks shall be as follows:

a.         No parking in street                  1 way               14 feet

                                                            2 way               20 feet

b.         Parallel parking on side 1 way               20 feet

                                                            2 way               30 feet

c.         Parallel parking both sides         1 way               26 feet

                                                            2 way               36 feet

165.11.04:  SPECIAL EXCEPTIONS

Certain uses may be permitted in the MH district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

A.     Swimming pools with a depth exceeding two feet for the benefit of the residents of the mobile home court and their guests.

B.     A recreation or meeting area for the benefit of the residents of the mobile home court and their guests.

165.12  P - PARKS AND OPEN SPACES DISTRICT

165.12.01:  REGULATIONS

The P - Parks and Open Spaces District is dedicated to the public access to park lands and open spaces.  Because of the uniqueness of this P - Parks and Open Spaces district, in any instance in which any regulation of the Provost Area District conflicts with other provisions of this Ordinance, the Provost Area District regulations shall prevail.

165.12.02:  USE REGULATIONS

A building or premises shall be used only for the following purposes:

A.        PRINCIPAL PERMITTED USES

1.         Public parks and public access areas

2.         Structures for operations and maintenance of parks and public access areas.

B.         ACCESSORY USES

1.         Any use accessory to the provision of public parks and open spaces.

165.12.03:  SPECIAL EXCEPTIONS: 

Certain uses may be permitted in the Parks and Open Spaces district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.      Public or private utility substations, relay stations, etc.

2.      Public swimming pool

3.      Public golf course

165.12.04:  MAXIMUM HEIGHT REGULATION

No principal building shall exceed thirty-five feet in height.  Communications towers for non-commercial use are exempt from this height regulation.

165.12.05:  BULK REGULATIONS

The following minimum requirements shall be observed.  The setback shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, and overhangs.                                                                        

                                                                                    Front                                                   

Principal                                               Lot                    Yard                Side Yard            Rear  Yard

Use                              Lot Area          Width               Depth               each side                 Depth

                                     None               None               30 ft                 10 ft                             20 ft

165.12.06:  OFF-STREET PARKING REGULATION: 

Due to the uniqueness of the Parks District, parking requirements will be determined by the Planning & Zoning Commission for each new or altered structure.

165.13   C-COMMERCIAL DISTRICT

165.13.01:  REGULATIONS

The C-Commercial District is intended to accommodate a wide range of retail commercial services and products, wholesaling, warehousing, and residential dwellings.

165.13.02:  USE REGULATIONS

A building or premises shall be used only for the following purposes:

A.        PRINCIPAL PERMITTED USES

1.         Any use permitted in R-3 District

2.         Retail business or service establishments.

B.         ACCESSORY USES.

1.         Any accessory uses permitted in the R-3 District providing such use shall comply with the minimum requirements for the C-District.

165.13.03:  SPECIAL EXCEPTIONS 

Certain uses may be permitted in the AG district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.      Public or private utility substations, relay stations, etc.

2.      Restricted Businesses provided no such establishment shall be located within 1,000 feet of another adult entertainment business, or any school, place of worship, public park, playground, public plaza, day care center, nursery school, regularly scheduled school bus stop, any dwelling or any residential zoning district.

165.13.04:  HEIGHT REGULATIONS

No principal building shall exceed thirty-five feet in height. Communications towers for non-commercial use are exempt from this height regulation.

165.13.05:  BULK REQUIREMENTS.

The following minimum requirements shall be observed.  The setback shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, overhangs, and decks.

                                                                                                            Side Yard Width

                                                                                                            Least        Minimum

                                                                                    Front                Width         Sum of       Rear

Principal                                               Lot                    Yard                on any         Side          Yard

Use                              Lot Area          Frontage           Depths             side            Yards         Depths

Dwellings                                  Same as in the R-3 District

                                                                                                Side Yard                     Rear Yard

All other uses                                                                            None except                 None except

                                                                                                adjacent                       abutting an

                                                                                                an R-District                 R-District

                                                                                                in which case                in which case

                                                                                                not less than                  not less than

                                                                                                eight feet.                      twenty feet.

165.13.06:  OPEN SPACE REOUIREMENTS

All residential buildings and land use in the C District shall comply with the following:  On each lot there shall be provided an open space equal to at least twenty-five per cent of the total lot area; said space shall be unencumbered with any structure and shall be landscaped and well maintained with grass, trees and shrubbery. Any commercial use in the C-District shall be exempt from this requirement.

165.14.07:  OFF-STREET PARKING REGULATION

  The following off-street parking regulations shall apply in the Commercial district.  These parking regulations shall not apply to those business located in the Downtown area on Main Street, 3^rd Street, 4^th Street and 5^th Street.

1.      Sales & Service Building :  one (1) parking space per 300 square feet of gross floor area. 

2.      Offices / Clinics:  one (1) parking space per 300 square feet of gross floor area. 

3.      Dwellings:  two (2) parking spaces in the lot for each living unit in the building.

4.      Churches:  one (1) parking space on the lot for each 5 seats in the main auditorium.

5.      Restaurants: one (1) parking space on the lot for each 5 seats in the restaurant.

165.14  I-INDUSTRIAL DISTRICT

165.14.01:  REGULATIONS

The I-Industrial District is one of industrial uses designed to serve the needs of the community.  Additional safeguards are provided for the control of the more offensive uses.

165.14.02:  USE REGULATIONS

A building or premises may be used only for any of the following uses:

A.      PRINCIPAL PERMITTED USES.

1.      Uses which are industrial in nature, including light and heavy industrial uses.

2.      Any business or service establishment which is incidental to an industrial or manufacturing use.

3.      Any use permitted in the Commercial Zone, except residential uses are not permitted.

4.      Caretaker's quarters incidental to a permitted industrial use.

All applicants for new uses in the Industrial Zone must hold an approved industrial permit.

No industrial permit shall be issued for any use in conflict with any Ordinance of the City of Lake View, Iowa ; or law of the State of Iowa which regulates nuisances.

No industrial permit shall be issued for any industrial use until and unless the location of such use shall have been authorized by the City Council after reports by the Planning and Zoning Commission, and the Chief of the Fire Department.

B.  ACCESSORY USES

1.                  Any accessory use customarily accessory and incidental to a permitted 

principal use.

165.14.03:  REQUIRED CONDITIONS

A.                 No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious, offensive or will pollute the air or water due to the emission of cinders, dust, gas fumes, noise, odor, smoke, refuse matter or water-carried waste.

B.                 The best practical means known shall be employed for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance.

C.                 All principal buildings and all accessory buildings or structures, including loading and unloading facilities shall be located at least 200 feet from any R-District and not less than 100 feet from any other district except an I-District.

165.14.04:  HEIGHT REGULATIONS

No structure shall exceed in height the distance measured to the center line of the nearest street from any portion of the proposed building or structure.

165.14.05:  BULK REOUIREMENTS

The following minimum requirements shall be observed.  The setback shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, and overhangs.                        

                                                                                    Front                                                   

Principal                                               Lot                    Yard*              Side Yard**        Rear  Yard

Use                              Lot Area          Width               Depths             each side                 Depths

                        None                            None               30 ft                 10 ft                             20 ft

*  All yards in the I-District abutting a public thoroughfare shall be considered front yards and shall comply with the requirements for a front yard.

**  I-District adjacent to any R-District, the minimum setback shall be 50 feet from the I-District boundary line, except in such cases where the district line is construed to follow the centerline of a public thoroughfare, wherein such cases shall be determined by the provisions for the required minimum front yard depth.

165.14.06:  OPEN SPACE REOUIREMENTS

All buildings and land use In any I-District shall comply with the following:  On each lot there shall be provided an open space equal to at least twenty per cent of the total lot area; said space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery, except for areas used as pedestrian walks and ingress-egress drives.

165.14.07:  OFF-STREET PARKING REGULATION:  The following off-street parking regulations shall apply in the Commercial district.  These parking regulations shall not apply to those business located in the Downtown area on Main Street, 3^rd Street, 4^th Street and 5^th Street.

A.     All commercial uses:  one (1) parking space per 300 square feet of gross floor area. 

B.     All industrial uses shall provide one (1) parking space on the lot for each two (2) employees of maximum number employed at one time.

165.15  A-AGRICULTURAL DISTRICT

165.15.01:  REGULATIONS

The A-Agricultural District is one of agricultural uses designed to permit the continuation of agricultural uses.

165.15.02:  USE REGULATIONS

A building or premises shall be used only for the following purposes:

A.        PRINCIPAL PERMITTED USES.

1.                  Agriculture and the usual agricultural buildings and structures

2.                  The raising of livestock, not to exceed two head of cattle, chickens, horses, hogs, sheep or any other livestock.

3.                  Gardening and nurseries, provided that no permanent dwelling units shall be erected thereon unless the tract contains ten or more acres.

4.                  Single family housing.

5.                  Mining and extraction of minerals or raw material, subject to prior recommendation from the Planning and Zoning Commission and approval by the Council.

6.                  Forest and forestry

7.                  Noncommercial park, playground, golf course (both public and private) and recreational use.

8.                  Any use erected or maintained by a public agency

9.                  Public utility structures and equipment necessary for the operation thereof.

10.              Transmitting station and tower

B.         ACCESSORY USES.

1.         Accessory buildings and uses customarily incidental to any of the above uses.

165.15.03:  SPECIAL EXCEPTIONS 

Certain uses may be permitted in the AG district subject to specific conditions and requirements intended to make them compatible with and acceptable adjacent uses.  Applicants must obtain a Special Exception through the Board of Adjustment.

1.      Cemeteries, crematories, and mausoleums.

2.      Commercial kennels.

3.      Stables, private or public.

4.      Greenhouses and nurseries.

5.      Publicly operated sanitary landfills.

6.      Recreational facilities, camps, and golf courses.

7.      Public or private utility substations, relay stations, etc.

8.      Churches or accessory facilities (on or off site)

9.      Public or private schools.

165.15.04:  HEIGHT REGULATIONS

Any building hereafter erected or structurally altered may be erected to any height not in conflict with other Ordinances of the City of Lake View, Iowa.

165.15.05:  BULK REOUIREMENTS

The following minimum requirements shall be observed.  The setback shall be measured from a vertical plane from the portion of the structure nearest the line, including cantilevers, overhangs, and patios.

                                                                                                            Side Yard Width

                                                                                                            Least        Minimum

                                                                                    Front                Width        Sum of        Rear

Principal                                               Lot                    Yard                on any       both Side     Yard

Use                              Lot Area          Width               Depths             one side     Yards         Depths

                                     10                                                                                          

All uses                        Acres               200 ft.              50 ft.                50 ft.           100 ft.       50 ft.    

165.16  SPECIAL USES

165.16.01:  REGULATIONS

It is recognized that certain uses possess characteristics of such unique and special form as to make impractical their being included automatically in any class of use as set forth in the various districts established by this Ordinance; therefore, these uses shall be subject to certain conditions and standards set forth in this Section, and the authority for the location thereof shall be subject to review by the Planning and Zoning Commission and the issuance of a special use permit by the Board of Adjustment provided, however, a special use permit may not be granted for a use in a zoning district from which it is specifically excluded by the provisions of this Ordinance.

165.16.02:  REQUIRED CONDITIONS

A.      GENERAL CONDITIONS.

A special use permit shall not authorize a use which is in conflict with any Ordinance of the City of Lake View, or law of the State of Iowa regulating nuisances, pollution or hazardous occupation.

       B.     REQUIRED SITE PLAN

The request for authorization of special use shall be accompanied by a site plan. 

165.16.03:  RESTRICTIONS

A.     Authorization for a special use permit shall be granted subject to the following conditions:

B.     Buildings involving the large assemblages of people shall not be located less than 300 feet from any existing dwelling site.

C.     Uses involving nuisances such as noise, vibration, pollution etc., shall not be located less than 500 feet from an R-District or less than 1,000 feet from an existing dwelling.

D.     Uses involving the large assemblages of people shall not be located where the arterial traffic system is inadequate to provide for the increased traffic density.

E.      Uses involving the extensive use of exterior lighting shall not be located where such lighting may be hazardous to air or ground trafficways and such uses shall not be located less than a distance required to reduce the light intensity to normal residential street lighting intensity at any R-District boundary.

165.16.04: TEMPORARY USES

Notwithstanding other provisions of the Ordinance, the City Council may without notice or public hearing issue a special permit authorizing the operation of a charitable or other nonprofit sponsored carnival or event for a period not to exceed seven days.

165.16.05:  PROCEDURE

The procedure for obtaining a special use permit be as follows:

A.        Written applications on approved forms shall be filed with the Zoning Administrator and shall be accompanied by detailed plans.

B.         The application shall be referred to the Planning and Zoning Commission.  The Commission shall hold a public hearing to review the application for a special permit and shall make a report to the Board of Adjustment regarding the recommended disposition of the application within forty-five days from the date of such public hearing.

C.        The Board of Adjustment shall hold a public hearing within thirty days after receiving the certification of said recommended disposition by the Commission.

D.        Notice of hearing by the Commission and Board shall be given to all property owners within 500 feet of the boundary of the property on which the special use is to be located.  Such notice shall be at least ten days prior to the hearing and shall contain the time and location of such hearing.

E.         The special permit issued may include time limits, and other conditions or safeguards deemed necessary or appropriate by the Board.  Violations of such conditions and safeguards shall be deemed a violation of this Ordinance and punishable under the provisions of this Ordinance.  In addition, the special permit in connection with such violation, shall be subject to revocation by the Board.

F.         Whenever an application for special permit has been denied by the Board, no new application for special permit including the same property or any portion thereof shall be filed or considered by the Board until six months shall have elapsed from the date of the official denial of the first application.

165.17:  ADMINISTRATION AND ENFORCEMENT, AND BUILDING PERMITS

165.17.01:  ADMINISTRATION AND ENFORCEMENT

The provisions of this Ordinance shall be enforced and administered by the Zoning Administrator.  If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations indicating the nature of the violation and ordering the action necessary to correct it.  He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done, or shall take any other action authorized by this Ordinance to Insure compliance with or to prevent violation of its provisions.

165.17.02:  BUILDING PERMITS REQUIRED

Buildings or other structures shall not be erected, moved, added to, structurally altered, or alter the external dimensions of the structure without a Building Permit issued by the Zoning Administrator and approved by the City Council.  Building permits can be issued only to the property owner or the property owners authorized agent.  Construction or alteration to structures which are permanently attached to the ground and/or sit on footings requires a Building Permit.  Construction permits shall be issued in conformance with the provisions of this Ordinance, or upon written order from the Board of Adjustment, but shall be null and void if the purpose for which the permit issued is not commenced with twelve (12) months from the date of issuance.  Dog kennels and patios are exempt from obtaining a building permit. Utility-type sheds and dog kennels which are 64 square feet or less and without a foundation are exempt from obtaining a building permit.  Failure to obtain a building permit is considered violation of this Code and will be enforced as a municipal infraction, according to Chapter 4 of this Code.

165.17.03:  APPLICATION FOR BUILDING PERMITS

All applications for Building Permits shall be accompanied by a site plan showing the actual dimensions and shape of the lot to be built upon, and the location and dimensions of the existing or proposed building or alteration.  The application shall include existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; temporary and final drainage plans; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this Ordinance.

165.17.04:  CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATION.

Construction permits issued on the basis of plans and applications, approved by the City Council, authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. To further insure compliance with the provisions of this Ordinance, the Zoning Administrator, upon notification that the project has been staked out as shown in the approved plans and applications, shall finally approve the permit application.

Failure to obtain a final approval from the Zoning Administrator shall be deemed a violation of this Ordinance and punishable as a municipal infraction according to Chapter 4 of the Lake View Code of Ordinances.

165.17.05:  FEES FOR BUILDING PERMITS

Fees for building permits shall be established by resolution of the City Council.

165.17.06:  CONCRETE CONSTRUCTION PERMITS REQUIRED

Residents conducting at-grade construction activities using concrete shall obtain a Concrete Construction Permit.  This shall include the construction or repair of driveways, sidewalks, patios or other at-grade construction activities.  Charges are to be determined by resolution of the City Council.  Permits shall be approved by the Public Works Director.

165.18.  BOARD OF ADJUSTMENT PROCEDURE, POWERS AND DUTIES

165.18.01:  BOARD OF ADJUSTMENT ESTABLISHMENT AND PROCEDURE

A.      Board Created.  A Board of Adjustment is hereby established which shall consist of five (5) members.  The terms of office of the members of the Board and the manner of their appointment shall be as provided by statute.

B.      Proceedings of the Board of Adjustment.  The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance.  Meetings shall be held at the call of the Chairperson and at such other time as the Board may determine.  The Chairperson or, in the Chairperson's absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.  All meetings shall be open to the public.

The Board of Adjustment shall, through its Secretary, keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.  All actions of the Board concerning special exceptions or variances shall also be recorded in the office of the County Recorder .  It shall be the responsibility of the appellant to record said action and all corresponding stipulations and further said action shall take effect upon the Board receiving sufficient confirmation of the same.  A copy of said action shall also be filed in the office of the Zoning Administrator.

165.18.02:  BOARD OF ADJUSTMENT POWERS AND DUTIES

The Board of Adjustment shall have the following powers and duties:

A.      Administrative Review.  To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this ordinance.

1.         Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of Lake View affected by any decision of the administrative officer.  Such appeal shall be taken within sixty (60) days by filing with the Zoning Building Administrator, and with the Board a notice of appeal specifying the grounds thereof.  The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed is taken.

2.         The Board shall fix a reasonable time for the hearing of the appeal, and give not less than seven (7) days nor more than twenty (20) days' public notice in a paper of general circulation in Lake View , thereof, and decide the same within 30 days.  At said hearing, any party may appear in person, by agent or by attorney.  Notice of hearing shall be provided by registered mail to any owners of property contiguous with the lot for which the hearing is being held.  Contiguous owners shall include owners immediately opposite across any public right-of-way.

3.         Stay of Proceedings.  An appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Adjustment, after the Notice of Appeal is filed with the administrator, that by reason of facts stated in the certificate, a stay would, in the Administrator's opinion, cause imminent peril to life and property.  In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.

B.      Special Exceptions: Conditions Governing Applications; Procedures.  To hear and decide only such special exceptions as the Board of  Adjustment is specifically authorized to pass on by the terms of this ordinance, to decide such questions as are involved in determining whether special exceptions should be granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance.  A special exception shall not be granted by the, Board of Adjustment unless and until:

1 .           A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested;

2.         The Board shall fix a reasonable time for the hearing of the special exception, and give not less than seven (7) days nor more than twenty (20) days' public notice in a paper of general circulation in Lake View , thereof, and decide the same within 30 days.  At said hearing, any party may appear in person, by agent or by attorney.  Notice of hearing shall be provided by registered mail to any owners of property.  contiguous with the lot for which the hearing is being held.  Contiguous owners shall include owners immediately opposite across any public right-of-way;

3.         The public hearing shall be held.  Any party may appear in person, by agent or attorney;

4.         The Board of Adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception and that the granting will not adversely affect the public interest.

C.           Variance, Conditions Governing Application; Procedures.  To authorize upon

appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship.  A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

1.         A written application for a variance is submitted demonstrating:

a.)                That special conditions and circumstances exist which are peculiar to land, structure, or building involved and which are not applicable to other. lands, structures, or buildings in the same district;

b.)                That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

c.)                That the special conditions and circumstances do not result from the actions of the applicant; and

d.)                That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered grounds for the issuance of a variance.

2.         The Board shall fix a reasonable time for the hearing of the variance, and give not less than seven (7) days nor more than twenty (20) days public notice in a paper of general circulation in Lake View , thereof, and decide the same within 30 days.  At said hearing, any party may appear in person, by agent or by attorney.  Notice of hearing shall be provided by registered mail to any owners of property.  Contiguous with the lot for which the hearing is being held.  Contiguous owners shall, include owners immediately opposite across any public right-of-way;

3.         The public hearing shall be held.  Any party may appear in person, by agent or by attorney;

4.         The Board of Adjustment shall make findings that requirements of Section 165.18.02.1A have been met by the applicant for a variance;

5.                    The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.  In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance.  Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under this ordinance.

              Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district.

D.      The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

E.      The council may provide for its review of variances granted by the Board of Adjustment before their effective date.  The council may remand a decision to grant a variance to the Board of Adjustment for further study.  The effective date of the variance is, in such case, delayed for thirty days from the date of the remand.

165.18.03: APPLICATION FEES

            Persons seeking a variance, administrative review, or special exception shall be responsible for all costs associated with the public notification, including, but not limited to costs of mailings, legal publication, and Board fees.  Applications shall make a $ 100.00 deposit.  In the event that the actual costs exceed $ 100.00, the applicant shall be responsible for the additional costs. In the event that the actual costs are less than $ 100.00, the applicant shall be reimbursed the difference.

(Amended Ordinance No. 359     Sep. 2002)

165.18.04:  APPEALS FROM THE BOARD OF ADJUSTMENT

Any person or persons, or any taxpayer, department, board or bureau of the City, or other areas subject to this ordinance aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.

165.19:  ENFORCEMENT, VIOLATIONS AND PENALTIES

165.19.01:  ENFORCEMENT:

       All officials or employees of the City of Lake View authorized to issue permits or licenses shall issue no such permit or license for any use, structure, or purpose if the same would not conform to the provisions of this Ordinance.

165.19.02:  PENALTIES FOR VIOLATION

       Violation of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor.  Any person who violates this Ordinance or fails to comply with any of its requirements, shall upon conviction be fined $ 100.00 or imprisoned for not more than 30 days.  Each day such violation continues shall be considered a separate offense with a fine of $ 25.00 per occurrence.

       The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.

       Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

165.20:  CHANGES AND AMENDMENTS;  MAP REPLACEMENT AND ZONING OF ANNEXED AREAS

165.20.01:  CHANGES AND AMENDMENTS

The Council may on its own motion, or on petition after public notice and hearing as provided by law, and after report by the Commission, amend, supplement, or change the boundaries or regulations herein or subsequently established.  Any owner or owners of property in the area to be included in the proposed amendment, may present a petition duly signed and verified, requesting an amendment, supplement or change in the regulations prescribed for a district or part thereof.  Such petition shall be signed by the owners of at least fifty per cent of the area included in such proposed change, and by the owners of fifty per cent of the property within 300 feet therefrom, and said petition shall be filed with the Zoning Commission.

The Commission shall make a report to the Council within sixty days from the date of receipt of such petition, except those initiated by the Commission.  In case the proposed amendment, supplement or change be disapproved by the Zoning Commission, or in case of a protest against any proposed amendment or change signed by the owners of twenty per cent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear, extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council.

165.20.02:  MAP REPLACEMENT

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of use, the Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.  The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof.  The new Official Zoning Map shall be identified by the signature of the mayor attested by the clerk under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 335 of the City of Lake View, Iowa."

165.20.03:  ZONING OF ANNEXED AREAS

Any land annexed to the City after the effective date of this Ordinance shall be zoned

R-3 Residential until the Commission and Council shall have studied the area and adopted a final zoning plan for the area.  Said final zoning plan shall be adopted within six months of date of annexation.

CHAPTER 166

SUBDIVISION REGULATIONS

166.01   Purpose                                              166.14             Requirements of Final Plat

166.02   Definitions                                          166.15             Final Plat Attachments

166.03   Parks and Open Spaces                     166.16             Final Plat to Commission

166.04   Parks and School Sites Reserved        166.17             Fees    

166.05   Minor Subdivision                               166.18             Final Plat Approval

166.06   Building Permit To Be Denied 166.19             General Requirements

166.07   Platting Required                                166.20             Improvements Required           

166.08   Preliminary Plat                                   166.21             Completion of Improvements

166.09   Requirements of Preliminary Plat         166.22             Performance Bond       

166.10   Referral of Preliminary Plat      166.23             Agreement for Installation of

166.11   Action by the Commission                                          Improvements  

166.12   Final Plat                                            166.24             Variances                    

166.13   Referral of Final Plat              

166.01 PURPOSE.      The purpose of this chapter is to establish minimum standards for the design, development and improvement of all new subdivisions and re-subdivisions so that existing developments will be protected and so that adequate provisions are made for public services and to promote the health, safety and general welfare in the City.

166.02 DEFINITIONS. For use in this chapter, certain terms or hereby interpreted and

defined.

1.         "Alley" means a public or private way less than twenty one (21) feet in width affording secondary means of access to abutting property.

2.         "Block" means an area of land within a subdivision that is entirely bounded by streets or highways, and/or the exterior boundaries of the subdivision.

3.         "Commission" means the City Planning and Zoning Commission.

4.         "Corner Lot " means a lot situated at the intersection of two streets

5.         "Cul-de-sac" means a minor street having one end open to traffic and terminated by a vehicular turn-around.

6.         "Double Frontage Lot" means any lot which is not a corner lot which abuts two streets.

7.         "Easement" means a grant of the right to use a strip of land for specific purposes by the general public, a corporation or certain persons.

8.         " Lot " means a portion of subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development

9.         " Major Street " means a street of considerable continuity connecting various sections of the City and designated as a major street on the official major street plan of the City.

10.       " Minor Street " means a street which is used primarily for access to the abutting properties.

11.       "Performance Bond" means a surety bond or cash deposit made out to the City in an amount equal to the full cost of the improvements which are required by this chapter, said cost estimated by the City, and said surety bond or cash bond being legally sufficient to secure to the City that the said improvements will be constructed in accordance with this chapter.

12.       "Plat" means a map, drawing or chart on which the subdivider's plan of the subdivision of land is presented and which the subdivider submits for approval and intends, in final form, to record.

14.       "Subdivider" means a person undertaking the subdivision or resubdivision of a tract or parcel of land.

15.       "Subdivision" means the division of land into three (3) or more lots or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context, relates to the process of subdividing or to the land subdivided or the resubdivision of land heretofore, divided or platted into lots or other divisions of land or, if a new street is involved, any division of land.

16.       "Roadway" means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.

17.              "Street" means and includes any public way, highway, street, avenue, boulevard, parkway, or other public thoroughfare, and each of such words includes every other of them, and includes the entire width between property lines.

166.03 PARKS AND OPEN SPACES. All residential subdivisions should be so designed as to meet the neighborhood park and open space needs of its residents. Such needs may be met by dedication and acceptance of public park land and/or by reservation by covenant of private open space; provided, there shall exist sufficient covenants running with the land, to insure adequate maintenance by the property owners benefiting from such open space.

166.04 PARKS AND SCHOOL SITES RESERVED.  When a tract being subdivided includes lands propose to be parks or school sites in the comprehensive plan or other official plan of the City, the subdivider shall indicate such areas on the plat. Proposed park sites shall be reserved for three (3) years, giving the City or other authorized public agency the option to purchase the land at the appraised raw land value prior to the subdivisions as established by a certified land appraiser.    The purchase price shall also include one-half (1/2) of the cost for grading and paving, including curbs, of the portion of any streets that are contiguous to the site and taxes and interest incurred by the subdivider between the date of reservation and date of purchase by the public agency. Should the park site not be purchased within three (3) years, the subdivider may then amend the final plat

165.05MINOR SUBDIVISION. Any subdivision which contains not more than four (4)lots fronting on an existing street and which does not require the construction of any public improvements, and which does not adversely effect the remainder of the parcel shall be classified as a minor plat.

166.06 BUILDING PERMIT TO BE DENIED. No building permit shall be issued nor shall construction occur on any lot, parcel, or tract, where a subdivision is required by this chapter, unless and until a final plat of such subdivision has been approved and recorded in accordance with this chapter and until the improvements required by this chapter have been accepted by the City.

166.07 PLATTING REQUIRED. Every owner of any tract or parcel of an who has subdivided or shall hereafter subdivide or plat the same for the purpose of laying out an addition, subdivision, building lot, or lots, acreage or suburban lots within the City or within two miles from the corporate limits, shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lot therein contained or placing the lot on record. A subdivision must be platted when any tract of land existing at the date of adoption of this chapter is thereafter divided into three (3) or more parcels.

166.08 PRELIMINARY PLAT. The subdivider shall submit a preliminary plat in accordance with the requirements hereinafter set forth.

166.09 REQUIREMENTS OF PRELIMINARY PLAT.         The subdivider shall first prepare and file with the Clerk six (6) copies of the preliminary plat of adequate scale and size showing the following:

1.      Title, scale, north point and date.

2.      Subdivision boundary lines, showing dimension, bearings, angles, and references to sections, townships, and range lines or corners.

3.      Present and proposed streets, alley, and sidewalks, with their rights-of-way, in or adjoining the subdivision including dedicated widths, types and widths of surfaces, curbs, and planting strips, and location of street lights.

4.      Proposed layout of lots, showing numbers, dimensions and square foot areas of lots that are not rectangular.

5.      Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes.

6.      Present and proposed easements, showing locations, width, purposes and limitation.

7.      Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utility and other facilities, with the size, capacity, and location of each.

8.      Proposed name of the subdivision which shall not duplicate or resemble existing subdivision names in the County.

9.      Tentative centerline profile and cross section of all streets or public ways existing and proposed grade.

10.  Names and addresses of the owner, subdivider, builder and engineer, surveyor or architect who will prepare the final plat.

11.  Existing and proposed zoning of the proposed subdivision and adjoining property.

12.  A general summary description of any protective covenants or private restrictions to be incorporated in the final plat, if any.

166.10 REFERRAL OF PRELIMINARY PLAT. The Clerk shall forthwith refer five (5) copies to the Commission, and retain one (1) copy in the Clerks office.

166.11 ACTION BY THE COMMISSION. The Commission shall, within thirty (30) days from the receipt of such plat, file their written recommendations with the Clerk whether of approval, modification or disapproval. The Commission and the subdivider may agree to a reasonable extension of time for consideration of the preliminary plat by the Commission. The Council may thereafter make tentative approval of the plat as filed or revised.

1.                  In the event that substantial changes or modifications are made by the Commission or Council or if the plat is disapproved, the Council shall give the reasons therefor and may request and cause the revised preliminary plat to be resubmitted in same manner as the original preliminary plat.

2.                  Tentative approval by the Council and approval by the Commission shall not constitute final acceptance of the addition or subdivision by the City but an authorization to proceed with preparation of the final plat.

166.12 FINAL PLAT. The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of this chapter.

166.13 REFERRAL OF FINAL PLAT. The subdivider shall, within twelve (12) months of the "tentative approval" of the preliminary plat prepare and file copies of the final plat and other required documents with the Clerk as hereinafter set forth, and upon failure to do so within the time specified, "tentative approval" of the preliminary plat shall be null and void. Upon receipt of the final plat and other required documents, the Clerk shall transmit five (5) copies of the final plat to the Commission for its recommendations and approval.

166.14 REQUIREMENTS OF FINAL PLAT. The final plat shall be clearly and legibly drawn to a scale of not more than one hundred feet to one inch (100' = 1 "). It shall show:

1.                  The title under which the subdivision is to be recorded.

2.                  The linear dimensions in feet and decimals of a foot of the subdivision boundary, lot line, streets and alley. These should be exact and complete to include all distances, radii, arc, chords, lengths of tangency and certain angles.

3.                  Street names and clear designations of public alleys. Streets that are continuous of present streets should bear the same name. If new names are needed, they shall be distinctive. Street names may be required to conform to the City plan.

4.                  Location, type, materials, and size of all monuments and markers including all U. S. , County or other official bench marks.

5.                  A sealed certification of the accuracy of the plat by the professional engineer or land surveyor who prepared the final plat.

166.15 FINAL PLAT ATTACHMENTS. The final plat shall have the following attached to it:

1.                  A correct description of the subdivision land.

2.                  A certificate by the owner and spouse, if any, that the subdivision is with the free consent, and is in accordance with the desire of the owner and spouse. This certificate must be signed and acknowledged by the owner and spouse before some officer authorized to take the acknowledgment of deeds.

3.                  A complete abstract of title and an attorney's opinion showing that the fee title to the subdivision land is in the owner and that the land is free from encumbrances other than those secured by an encumbrance bond.

4.                  A certificate from the County Treasurer that the subdivision land is free from taxes.

5.                  A certificate of dedication of streets and other public property.

6.                  A statement of restrictions of all types that run with the land and become covenants in the deeds of lots.

7.                  Resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.

8.                  Copies of the proposed agreement to be entered into between the subdivider and the City providing for grading and surfacing of streets, installation of sewer, utilities and other improvements.

9.                  The encumbrance bond, if any.

(Amended by Ordinance No. 378    November, 2003)

166.16 FINAL PLAT TO COMMISSION. The final plat shall be submitted to the Commission and within ten (10) days after receipt of the final plat, the Commission shall certify its recommendations to the Council.

166.17 FEES.  At the time of filing of a plat or a replat for approval, the subdivider shall pay to the Clerk a fee according to the following schedule:

Number of Lots in Subdivision  Fee

1 to 10                                     $25.00

11 or more                               $ 3.00 per lot

All fees shall be deposited in the General Fund. No fees shall be charged for processing preliminary plats.

166.18 FINAL PLAT APPROVAL.    Within twenty (20) days of the certification by the Commission, the Council shall approve or disapprove the final plat; approval must be by a majority of the whole membership of the Council if the Commission disapproves the plat.

1.      In the event that said plat is disapproved by the Council, such disapproval shall be expressed in writing and shall point out wherein said proposed plat is objectionable.

2.      In the event that said plat is found to be acceptable and in accordance with this chapter, the Council shall accept same.

3.      The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the subdivider shall cause such plat to be recorded in the office of the County Recorder and shall file satisfactory evidence of such recording in the office of the Clerk before the City shall recognize the plat as being in full force and effect.

166.19 GENERAL REQUIREMENTS. The following general requirements shall be

by all subdividers:

1.         Relation to existing streets.

A.                 The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 

B.                 The arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing principal streets in surrounding areas or conform to a plat for the neighborhood approved by the Commission to meet a particular situation where topographic or other conditions made continuance or conformance to existing streets impractical.

2.         Acreage subdivision.

A.                 Where the plat submitted covers only a part of the subdivider's plat, a sketch of the prospective future system of the unsubmitted part shall be furnished and the street system submitted shall be considered in the light of adjustments in connection with the street system of the part not submitted.

B.                 Where the parcel is subdivided into larger tracts than for building lots such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets.

C.                 Subdivision showing unplatted strips or private streets controlling access to public ways will not receive approval.

3.         Minor streets.

A.                 Minor streets shall be so planned as to discourage through traffic.

B.                 Cul-de-sac streets' are permitted where topography and other conditions justify their use. Such streets shall not be longer than 500 feet and shall terminate with a turn-around, having an outside roadway diameter of at least eighty (80) feet and street property line diameter of at least one hundred (100) feet. The right-of-way width of the straight portion of such street shall be a minimum of fifty (50) feet. The property line at the intersection of the turn-around and the straight portion of the street be rounded at a radius of not less than twenty (20) feet.

4.         Frontage street .

A.        Where a subdivision abuts or contains an existing or proposed arterial street, the Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with the rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

B.         Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Commission may require a street approximately parallel and on each side of such right-of-way and a distance suitable for the appropriate use of intervening land as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade preparation.

4.      Half-streets. Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity of the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided the other half of the street shall be platted within such tract.

5.      Street Geometrics.

A.                 Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.

B.                 When connecting street lines deflect from each other at any one point by more than ten degrees (10°), they shall be connected by a curb with a radius adequate to insure a sight distance of not less than two hundred (200) feet for minor and collecting streets, and of such greater radii as the Commission shall determine for special cases.

C.                 Street right-of-way widths shall be a minimum of fifth feet (50’) with such greater widths as the Commission shall determine for special cases.

6.         Intersections.

A.                 More than four (4) approaches to an intersection are prohibited.

B.                 Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than sixty degrees (60° ).

C.                 Property lines at street intersection shall be rounded with a radius of ten (10) feet, or of greater radius where the Commission may deem it necessary.

7.         Street Names. Streets that are in alignment with others already existing shall bear the name of the existing streets. The proposed names of the new streets shall not duplicate or sound similar to existing street names. Streets names shall be subject to the approval of the Commission.

8.         Street Grades.

A.                 Street grades, wherever feasible, shall not exceed five percent (5%), with due allowance for reasonable vertical curves.

B.                 No street grade shall be less than one-half of one degree (.5 % of 1°).

10.       Alleys.

A.                 Alleys shall be provided in commercial and industrial districts, except that the Commission may waive this requirement if other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

B.                 The width of an alley shall be twenty (20) feet.

C.                 Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

D.                 Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead end as determined by the Commission.

11.       Blocks.  In blocks over five hundred (500) feet in length, the Commission may require at or near the middle of the block a public way or easement of not less than ten (10) feet in width for use by pedestrians and/or an easement for public utilities.

12.       Lots.

A.                 The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated

B.                 Minimum lot dimensions and sizes shall conform to the requirements for the zoning ordinance, provided:

(1)               Residential lots where not served by public sewers shall not be less than eighty (80) feet wide nor less than 10,000 square feet in area.

(2)               Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(3)               Corner lots for residential use shall have an extra ten (10) feet of width to permit appropriate building setback from and orientation to both streets.

C.                 The subdividing of the land shall be such as to provide by means of public street, each lot with satisfactory access to an existing public street.

D.                 Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.

13.        Building Lines.

A.                 Easements across lots or centered on rear or side lines shall be provided for utilities where necessary and shall be at least ten (10) feet wide.

B.                 Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and further width for construction for both as will be adequate for the purpose.

C.                 Plat Markers. Markers shall be placed at all block corners angle points, points of curves and streets, and all such intermediate points as shall be required by the Commission. Markers shall be approved by the Council on recommendation of the Commission.

166.20 IMPROVEMENTS REQUIRED. The subdivider shall install and construct all improvements required by this chapter. All required improvements shall be installed and constructed in accordance with specifications and under the supervision of the Council and to its satisfaction.

1.      Streets and Alleys. All streets and alleys with the platted area which are dedicated for public use shall be brought to the grade approved by the Council.

2.      Roadway Width.  Major roadways shall be a minimum of thirty two feet (32’) wide measured back of curb to back of curb.  Minor roadways shall be a minimum of twenty nine feet (29’) wide measured back of curb to back of curb.

3.      Roadway Materials. All roadways shall be surfaced with portland cement concrete at a minimum depth of six inches (6”) or with asphaltic concrete at a minimum depth of eight inches (8”) or with asphalt concrete over a crushed stone base as the Commission and the Council may require.  Increased depths of street surfacing and the use of re-bar or metal mesh may be required by the Commission and Council as determined for special cases.

4.      Curb and Gutter. Curb and gutter a minimum of thirty inches (30”) in width shall be required on all streets.  All curb and gutter shall be constructed to the grade approved by the Council and shall be tied into the street surface using re-bar.

5.      Storm Water.  The subdivider shall make provisions for the evacuation of storm water either through a storm sewer system the use of over-land drainage swales, with said drainage swales to be dedicated as public easement. Drainage improvements are subject to the approval of the Council and to the supervision of the Public Works Director.

6.      Sidewalks. Sidewalks are required to be installed on one side of each street and shall be shown on the final plat.  Sidewalks may be installed on both sides of the street at the discretion of the subdivider.  Sidewalks must be contiguous with existing sidewalks, and are to be installed after the building is erected on the lot.  Sidewalks shall be constructed to the grade approved by the Council.

7.      Waterlines. Where a public water main is reasonably accessible, the City of Lake View, at the City’s expense, will install water main within the subdivision.  The City will install a water main of sufficient size to adequately provide for the fire protection needs of the subdivision.

8.      Sewers. 

A.     Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for the connection with such sanitary sewer and shall provide within the subdivision a sanitary sewer system and be required to make the sewer accessible to each lot in the subdivision. Sanitary sewers shall be stubbed into each lot. Sewer systems shall be approved by the Council and the State Department of Health and the construction subject to the supervision of the Superintendent of Public Works.  Prior to construction, the subdivider must obtain a sanitary sewer extension construction permit from the State of Iowa .

B.     Where sanitary sewers are not available other facilities as approved by the Council and the State Department of Health shall be provided for the adequate disposal of sanitary wastes.

9.      Electricity.  The City of Lake View will install electric service to the subdivision and to the meter loop of each structure at no cost to the developer in accordance with the tariff of the Lake View Municipal Electric Utility.  Meter disconnects are provided at the expense of the building owner.

10.  Street Lighting.  The City of Lake View will install street lighting to the subdivision at no cost to the developer.  The minimum standard for street light poles shall be a wood pole with one arm and one lamp.  Metal, fiberglass or ornamental poles may be requested by the developer, with the developer paying the additional costs.

166.21 COMPLETION OF IMPROVEMENTS. Before the Council will approve the final plat, all of the foregoing improvements shall be constructed and accepted by formal resolution of the Council. Before passage of said resolution of acceptance, the Public Works Director shall report that said improvements meet all City specifications and ordinances or other City requirements, and the agreements between the subdivider and the City.

166.22 PERFORMANCE BOND. The completion requirement may be waived in whole or in part if the subdivider will post a performance bond with the City guaranteeing that improvements not completed will be constructed within a period of three (3)  years from final acceptance of the plat; final acceptance of the plat will not constitute final acceptance by the City of any improvements to be constructed. Improvements will be accepted only after the construction has been completed and no public funds will be extended in the subdivision until such improvements have been completed and accepted by the City.

166.23 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS. The subdivider shall, before approval of the final plat, prepare and file a proposed form of agreement between the subdivider and the City setting forth the conditions for securing the grading of the streets, installation of sewers and utilities, and installation of permanent paving, and all other improvements. The amount of the surety bond, if any; the names of the sureties, if any, and the right for the City to perform such work if desired and recover the cost thereof from the sureties on the bond or the subdivider. The agreement shall provide the ownership of such improvements, when accepted by the City, to be in the City.

166.24 VARIANCES. Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivides, because of unusual topography or other conditions, the Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured. Provided however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter. In no case shall any variance or modification be more than minimum easing of the requirements and no instance shall it be in conflict with any zoning ordinance and such variances and waivers may be granted only by the affirmative vote of three-fourths (3/4) of the members of the Council.

Lake View Iowa Community Services 

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