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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 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

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.

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.

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Lake View Iowa Community Services

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