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Lake
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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 | 
