The LMU Zone is designed to implement the recommendations and re-development concept strategies of the Clear Lake Lakefront Commercial Districts Special Development Plan.  This plan focuses on commercial, recreational and open space, and tourism opportunities in selected areas along Clear Lake lakefront.  The zone is intended to promote a combination and variety of permitted or conditionally permitted uses such as medium and high-density residential, certain commercial uses, and water-oriented uses, utilizing "form-based" standards to assure compatible development.  These regulations provide a maximum building envelope and establish requirements for mixing uses on the street level of multi-story buildings that take advantage of their special provisions.  Because of the limited opportunities appropriate for mixed use development around Clear Lake, these provisions allow building envelope and bulk requirements different from those of surrounding properties.  District objectives include retaining or improving views of the shoreline from the lake; and encouraging and promoting a high-quality design.  District provisions are intended to be consistent with the City's comprehensive plan and subsequent amendments such as the Clear Lake Lakefront Commercial Districts Special Development Plan.

1.   Permitted Uses.

   A.   Mixed-Uses.

      (1)   A mixed-use building that combines permitted or conditionally permitted residential, commercial, recreational, and public and civic uses meeting the "form-based standards" of this zone.

   B.   Commercial Uses.

      (1)   Owner-occupied bed and breakfast homes subject to the requirements of Sections 165.30 and 165.33.

      (2)   Lodging, including hotels and motels.

      (3)   Medical facilities, including nursing and personal care.

      (4)   Offices and business centers.

      (5)   Personal services, including establishments or places of business primarily engaged in the provision of services of a personal nature, including instructional or informational offerings, and nonprofessional services of a personal nature.  Personal service uses include beauty and barber shops; seamstress, tailor or shoe repair shops; photography studios; health or fitness centers; dance or music studios; and handicraft, art, and hobby instruction.

      (6)   Eating & drinking and entertainment establishments, including lounges and restaurants providing table service to customers and/or accommodation to walk-in clientele.  Drive through services relating to eating and drinking establishments are prohibited in the LMU Zone. 

      (7)   Retail services, including sale with incidental service of goods and merchandise for personal or household use.  Permitted retail services include establishments with primary sales of the following items:  apparel, furniture and home accessories, drugs, cards, stationery, notions, books, cosmetics and related specialty items, flowers and plants, hobby materials, toys, art and handcrafted items, jewelry, fabrics and similar items, cameras and photographic equipment, household electronics, musical instruments, recorded media, sporting goods, kitchen utensils, art supplies and framing, antiques, hardware, office supplies, bicycles, real estate sales offices, and other items with similar operating and display.

      (8)   Theaters and public or private meeting and event centers.

   C.   Public and Civic Uses.

      (1)   Child daycare facilities.

      (2)   Public utilities and government offices.

      (3)   Religious institutions.

   D.   Recreation and Culture.

      (1)   Marina.

      (2)   Outdoor recreation and entertainment.

      (3)   Parks and open areas.

      (4)   Indoor recreation and athletic facility.

      (5)   Theaters for performing arts.

      (6)   Museums.

      (7)   Art studios and galleries, including creation or manufacture of artwork that is sold on-site.

2.   Conditional Uses.

   A.   Residential Uses.

      (1)   Two-family dwellings or Townhomes.

      (2)   Multi-family residential provided that all units are covered by a condominium regime and are owner-occupied.

3.   Dimensional Requirements.

   A.   Minimum Lot Area:  None.  However, the contiguous size of any LMU Zone shall be at least 10,000 square feet.  This area may incorporate one or more individual parcels.

   B.   Minimum Lot Width:  None.  However, the minimum contiguous width of any LMU Zone shall be at least 80 feet.  This width may incorporate one or more individual parcels.

   C.   Minimum Lot Frontage:  None.  However, the minimum contiguous width of any LMU Zone shall be at least 60 feet.  This width may incorporate one or more individual parcels.

   D.   Minimum Building Setbacks are as noted below, but in no case shall any eaves, cornices, marques, awnings, canopies, sills, buttresses, or similar building features, which extend beyond the wall of the building, project into any City right-of-way or beyond the property line.

      (1)   Lakeshore line setback - 10 feet (see definition in Section 165.03).

      (2)   Side yard adjacent to private property - Average minimum set forth in Table 1 below.

            Table 1 - Side Yard Setbacks Adjacent to Private Property

 

 

      A corner of the building in the LMU Zone may touch the property line or a portion or segment of the building wall may be closer than the average minimum side yard setback, as stated above, provided that:

         (a)   The average side yard setback along the entire property line complies with Table 1; and

         (b)   The minimum separation from any proposed new building to any pre-existing building is at least 6 feet and the average separation from any proposed new building to any pre-existing building is at least 10 feet.

      (3)   Side yard from any dedicated public right-of-way or lake access - No requirement.

      (4)   Street yard setback from street providing primary frontage or access to the property - No requirement.

   E.   Building Bulk and Land Use Requirements.

      (1)   Height - Maximum permitted height shall vary according to distance from the lakeshore line, as set out by Table 2 below.  (If any building or structure is to be located in an area regulated by the Mason City Municipal Airport Zoning Ordinance, any lower height regulation of such ordinance shall prevail).

         Table 2 - Maximum Building Height by Distance From Lakeshore

 

 

      (2)   The maximum height of the surface of any single continuous façade visible from the lake shall be three stories or 36 feet.

      (3)   Pitched roofs are preferred for all building types, consistent with surrounding residential areas, with a slope of at least 6 feet vertical to 12 feet horizontal.  Maximum height does not include the height of the roof above the eave line, subject to the following additional restrictions:

         (a)   The highest point of the roof measured from the height of the eave line shall not exceed an additional 50% of the height limit for the entire structure; but in no cases, however, shall the total height exceed 18 feet.

         (b)   Mansard roofs or other roof forms that appear to extend the vertical height of an entire façade are prohibited.

         (c)   Gables that run perpendicular to the lakeshore or primary fronting street are encouraged.  However, the combined façade area of all gables that are part of the façade shall not exceed 50% of the area of the portion of that façade below the eave line.

      (4)   Impervious Surfaces - 90% maximum coverage.  Stormwater in an LMU Zone shall be managed so that it does not drain directly into the lake, or alternatively is treated by rain gardens, pervious pavements, or similar technologies.  Such treatment mechanisms shall not be counted as impervious surfaces.

      (5)   Maximum Residential Density:  1 dwelling unit per 1,000 square feet of lot area.

      (6)   Maximum Floor Area Ratio:  4.0

      (7)   Street Level Land Use - For buildings incorporating three or four stories, at least 25% of the gross floor area of the street level shall be devoted to non-residential land uses permitted in this section.  Office uses, while permitted at street level, do not count toward satisfaction of this requirement.  Indoor parking uses to support residential or non-residential uses shall not be credited toward satisfaction of this requirement.

4.   Planning and Zoning Commission Review and City Council Approval.  The following "form-based" standards shall apply to all new buildings and alterations to existing buildings, with exception of minor alterations that do not add height to an existing building or increase the footprint of the building by more than 500 square feet.  Each application for development within an LMU Zone shall be reviewed by the Planning and Zoning Commission with its recommendation(s) being forwarded to the City Council for final approval, based on the following criteria:

   A.   The scale and architectural quality of the project shall be appropriate to its location along the lakefront.  Buildings may be larger or more massive than their neighbors, but shall include elements and articulation that provide lakefront scale and character.  These elements include, but are not limited to, varied façade planes, turrets, façade details, gables, balconies, and window treatments.

   B.   Building materials should be consistent with materials used traditionally and currently along the lakefront.  Façade materials may include clapboard, cement or metal siding, shingles, brick, stone or cast stone, and other high-quality materials.  Generally, metal and concrete masonry units should be avoided as major façade elements.

   C.   The building shall provide an active and varied lake façade.  Site planning should provide access and good lake exposure for residents and/or customers.

   D.   Buildings shall provide attractive facades along fronting streets, providing clear entrances and transparency to the adjacent street.  Non-residential mixed uses shall have a distinct entrance to their principle frontage streets.

   E.   The building should be appropriate to its context and its design should reflect the unique or unusual qualities of its individual site and surrounding environment.

   F.   Signage shall be consistent in scale with uses in the general area or the overall theme of the building. 

   G.   Principal building colors should consist of subtle, neutral or muted colors with low reflectance, such as warm earth-toned colors.  Bright or primary colors may be used only as accents occupying a maximum of 15% of the building façade.

In reviewing development proposals, the Planning and Zoning Commission shall instruct the Building Official to prepare a written statement to be presented to the City Council that summarizes the findings of the Commission for each of the above criteria and any specific findings of fact that support its decision.

5.   General Provisions.  All principal and accessory uses permitted within this zone are subject to the requirements of the following sections of this chapter:

   A.   Existing single-family and two-family dwellings anywhere in the LMU Zone shall be considered permitted uses, rather than nonconforming uses.

   B.   All dwelling units shall be "owner-occupied".  The developer of any residential condominium project shall submit a copy of the proposed covenants and/or by-laws and condominium declarations of the proposed development as part of the review process.  These documents shall, at a minimum, adequately provide for the control and maintenance of all common areas, recreational facilities, and open space.  A copy of the covenants and/or by-laws, following approval by the City Council, shall be filed with the County Recorder.

   C.   The condominium or homeowner's association by-laws shall prohibit the leasing of an owner's unit to not more than one 3 consecutive month occasion in any calendar year.

   D   Permitted Accessory Uses and Buildings - See Section 165.31.

   E.   Accessory Use and Building Regulations - See Section 165.32.

   F.   Off-street Parking Requirements - See Section 165.33.

   G.   Off-street Loading Requirements - not applicable.

   H.   Sign Regulations - See Section 165.35.

   I.   Fence Regulations - See Section 165.36.

   J.   Dimensional Requirements - See Sections 165.37 through 165.40.

   K.   Tree Regulations - See Section 165.41.

   L.   Performance Standards - See Sections 165.42 and 165.43.

   M.   Nonconformities - See Section 165.44.