Lake View Iowa Community Services  

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Code of Ordinances (part 1)

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