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La Porte City Zoning Code

ARTICLE 15

- GENERAL PROVISIONS

Section 15.01 - Uses per Lot

(a)

Except as otherwise specifically provided in this Ordinance, no lot may contain more than one principal building, structure, or use. This provision shall not apply to agricultural uses.

(b)

Shopping centers, groups of multiple-family buildings, condominiums, retail business buildings, multi-tenant offices, leased industrial space, or other groups of buildings contained within a single integrated complex are deemed to be a principal use collectively. To be considered as an integrated complex, the site shall share parking, signs, access, or other similar features, which together form a unified function and appearance.

(c)

Wireless communication facilities may be located on a lot that contains another use, except one-family and two-family dwellings.

(d)

There shall be no more than one dwelling per lot, except for two family dwellings, attached single family dwellings, multiple family dwellings, farm worker housing or accessory dwellings approved under the requirements of this ordinance.

Section 15.02 - Lot Area Allocation

(a)

No portion of a lot shall be used more than once for determining compliance with the provisions for lot area and yard dimensions for construction or alteration of buildings.

(b)

No lot, adjacent lots in common ownership, required yard, parking area, or other required open space shall be created, divided, or reduced in dimension or area below the minimum requirements of this Ordinance. Lots or yards created after the effective date of this Ordinance shall comply with the requirements of this Ordinance. If already less than the minimum requirements of this Ordinance, a lot, adjacent lots in common ownership, required yard, parking area, or other open space shall not be divided or reduced in dimension or area so as to increase its noncompliance with the minimum requirements of this Ordinance.

Section 15.03 - Voting Place

The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal, school, or other public election.

Section 15.04 - Height Limit

(a)

The following structures may exceed the building height restrictions of the zoning district in which they are located:

(1)

Belfries,

(2)

Chimneys,

(3)

Church spires and steeples,

(4)

Cooling towers,

(5)

Cornices,

(6)

Cupolas,

(7)

Electric and telephone service poles,

(8)

Elevator bulkheads,

(9)

Fire towers,

(10)

Flagpoles,

(11)

Grain elevators,

(12)

Parapet walls,

(13)

Public monuments,

(14)

Radio and television aerials,

(15)

Roof structures housing necessary mechanical appurtenances,

(16)

Silos,

(17)

Stacks,

(18)

Water tanks, or

(19)

Similar non-habitable structures.

(b)

The structures listed in (a) above may exceed the height limits of the district in which they are located as follows:

(1)

On single family detached, single family attached and two family dwellings, the structures may exceed the height limits of the district by no more than five feet. Section 12.03 contains additional height restrictions that apply to residential lots in the Waterfront View Protection overlay zoning district.

(2)

On multiple family residential (apartment buildings), mixed-use and non-residential buildings, the structures may exceed the height limits of the district by no more than 25 feet.

(c)

The exceptions to height shall only apply to non-habitable architectural features, mechanical and utility structures. The exceptions shall not permit any habitable building space of a building to exceed the height limits of the district.

Section 15.05 - Projections into Required Yards

Certain structures and architectural features may project into the required yard setbacks as follows:

Table 15.05
Permitted Building Projections Into Required Yards

Projection Front
Yard
Waterfront
Yard
Rear
Yard
Interior
Side Yard
Corner
Side Yard
Awnings and canopies 3 ft. 5 ft. 5 ft. 3 ft. 3 ft.
Chimneys 2 ft. 2 ft. 2 ft. 2 ft. 2 ft.
Cornices and similar architectural features 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
Balconies 5 ft. 5 ft. 5 ft. 3 ft. 5 ft.
Barrier-free ramps and other facilities 16 ft. 16 ft. 16 ft. 3 ft. 16 ft.
Bay windows 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
Eaves, overhanging 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
Fire escapes, open or enclosed 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
Gutters 3 ft. 3 ft. 3 ft. 3 ft. 3 ft.
Decks, unroofed porches and stoops 10 ft. 10 ft. 10 ft. 10 ft.
Window air conditioning units 2 ft 2 ft. 2 ft.
Window wells 4 ft. 4 ft. 4 ft. 4 ft. 4 ft.

 

Section 15.06 - Corner Clearance

(a)

No fence, wall, structure, or planting shall be erected, established, or maintained on any lot if the structure or planting will obstruct the view of drivers in vehicles approaching the intersection adjacent to a corner lot or a driveway on any lot.

(b)

Fences, walls, structures, or plantings located in the clear vision triangle, as depicted, shall not be permitted to exceed a height of three feet above the street curb, or pavement edge if no curb. The unobstructed triangular area is described as follows:

(1) The area formed at the corner intersection of two (2) street rights-of-way or easement lines, the two (2) sides of the clear vision triangle being 25 feet in length measured along abutting public right-of-way lines, and third side being a line connecting these two (2) sides, or
(2) The area formed at the corner intersection of a street right-of-way, easement, or alley and a driveway, the two (2) sides of the triangular area being 15 feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two (2) sides.

 

Section 15.07 - Basement Construction

If excavation of a basement indicates an historical or existing seasonal high water table a site conditions acknowledgement form must be signed. The signed form will state that the prospective homeowner understands any basement construction would not be recommended below the seasonal high water level and if built has a higher probability of flooding.