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Lake
View Iowa Community Services
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(Ordinances
continued)
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, 3rd
Street, 4th Street and 5th 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, 3rd
Street, 4th Street and 5th 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 Citys
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
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