Lake Lotawana City Zoning Code
CHAPTER 415
Design and Performance Standards
Section 415.010 Density And Dimensions Generally.
[Ord. No. 849 § 415.1, 10-16-2007]
A.
Density and dimensional standards for new lot development in the City are shown in Exhibit 415-A,[1] following Section 415.030 of this Chapter, except as provided in other Sections of these regulations.
1.
Every lot shall meet all minimum required yards and setbacks, except for permissible accessory buildings or structures in the rear yard and as further provided in these regulations.
2.
Topography, hydrology or other unusual conditions may require reduced densities, greater setbacks, greater lot sizes or reduced lot coverage.
3.
Minimum zoning district and lot requirements defining lot sizes and dimensions shall be accommodated without creating unusable lot remnants or flag lots.
4.
Adequate building sites suitable to the special needs of the type of land use (residential, commercial or office-technology) proposed for development shall be provided, taking into consideration topographical and drainage features.
5.
Floor Area.
[Ord. No. 21-24, 2-15-2022]
a.
Floor area (all residential districts except for Lakeside Residential): The minimum [living area above-grade] of a dwelling having one (1) story and a full basement shall be nine hundred (900) square feet. One-story dwellings without basements shall have a minimum [living area above-grade] of one thousand two hundred (1,200) square feet. The minimum [living area above-grade] of a two-story dwelling shall be one thousand two hundred (1,200) square feet.
b.
Floor area (Lakeside Residential): The minimum main floor area of a dwelling having one (1) story and a full basement shall be nine hundred (900) square feet. One-story dwellings without basements shall have a minimum main floor area of one thousand two hundred (1,200) square feet. The minimum main floor area of a two-story dwelling shall be nine hundred (900) square feet. No basement only or sod houses shall be constructed at any place in the "LR" District.
[1]
Editor's Note: Exhibit 415-A is included as an attachment to this Chapter.
Section 415.020 Density.
[Ord. No. 849 § 415.2, 10-16-2007]
Maximum density is measured as the number of dwelling units per acre of land and is measured by dividing the number of dwelling units on a lot or parcel by the parcel's net area (in acres), except in Town House Residential District which shall utilize the gross area of the lot or parcel.
Section 415.030 Blocks.
[Ord. No. 849 § 415.3, 10-16-2007]
In general, intersecting streets, determining block lengths, shall be provided at such intervals as to serve cross traffic adequately and shall not exceed six hundred (600) feet in cul-de-sac neighborhood. Pedestrian ways and/or easements through the block may be required to serve nearby public facilities. Such pedestrian ways shall have a minimum width of six (6) feet and paved full width.
Section 415.040 Lot Area.
[Ord. No. 849 § 415.4, 10-16-2007]
Lot area is measured as the net amount of contiguous land area (except for Town House Residential) contained within the property lines of a lot or parcel, not including streets or rights-of-way, floodways, wetlands, ponds or slopes in excess of twenty percent (20%) for new lots. No zoning or building permit or development approval shall be issued for a lot that does not meet the minimum lot requirements of these regulations except that the minimum lot area standards of these regulations shall not prohibit the construction of a detached dwelling unit on a lot that was legally platted or recorded before the adoption of these regulations, provided that the dwelling unit is constructed in compliance with all applicable dimensional standards and meets the minimum health and safety standards for water and wastewater facilities and private sewage disposal systems.
Section 415.050 Lot Width.
[Ord. No. 849 § 415.5, 10-16-2007]
Lot width is measured between side lot lines along a line that is parallel to the front lot line at the front setback.
Section 415.060 Lot Frontage.
[Ord. No. 849 § 415.6, 10-16-2007]
Street or lot frontage is measured between side lot lines along the front lot line.
Section 415.070 Setbacks.
[Ord. No. 849 § 415.7, 10-16-2007]
A.
The Board of Aldermen, upon recommendation of the Planning and Zoning Commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines from the existing or planned future right-of-way for streets, stream corridors or public improvement as shown on the major street plan and to prohibit any new structure being located within such building or setback lines.
B.
Setbacks are measured between the furthermost projection of a structure and the nearest property line of the lot on which the structure is located. Setbacks must be unobstructed from the ground to the sky except as specified in this Chapter. The setback of the structure from front, side and rear lot lines shall be measured at right angles from the lot line to the nearest point of the adjacent structure wall. The following features may encroach into the required setbacks of residential districts:
1.
Landscaping and light fixtures;
2.
Flagpoles, fire escapes, mailboxes, fences or walls, driveways, curbs and sidewalks;
3.
On-site sewage disposal (septic) systems, and underground utilities;
4.
Signs not greater than four (4) square feet in area and authorized under these regulations;
5.
For side setbacks only uncovered, unenclosed terraces or porches, and ornamental features which do not extend more than three (3) feet above the finished ground level.
6.
Half court basketball courts pursuant to a conditional use permit to be issued by the Board of Aldermen;
7.
Easily movable appliances and furniture.
Section 415.080 Merged Lots.
[Ord. No. 849 § 415.8, 10-16-2007]
A.
A structure shall not be constructed across the property line(s) of two (2) or more contiguous lots. However, if the placement of a proposed structure would otherwise cross the property line of two (2) or more contiguous lots held by the same owner, prior to the issuance of a building permit, the property owner must apply for and receive a voluntary lot merger or lot line adjustment to move or eliminate the property line in question. The lot line adjustment process only may be used if the resulting parcels will comply with lot development standards of the land use district in which the parcels are located.
B.
Lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located. No lot so merged, or portion thereof, may be changed or transferred in any manner that will increase the degree of non-conformity unless a special permit has first been obtained from the Board of Adjustment. No such special permit may create any additional buildable lot(s).
Section 415.090 Bulk Plane.
[Ord. No. 849 § 415.9, 10-16-2007]
For any building on a lot or parcel abutting a single-family residence, the building setbacks must be increased by at least one (1) foot for each foot of height in excess of thirty-five (35) feet.
Section 415.100 Lot Coverage.
[Ord. No. 849 § 415.10, 10-16-2007]
All structures hereafter designed or erected and existing structures which may be reconstructed, altered, moved or enlarged shall not exceed the maximum structure coverage regulations of the district in which they may be located. Lot coverage is measured as the percentage of the total lot area covered by structures and other impervious surfaces. It is calculated by dividing the square footage of impervious surface by the square footage of the lot.
Section 415.110 Building Height.
[Ord. No. 849 § 415.11, 10-16-2007]
All buildings or structures shall comply with the height regulations pursuant to these regulations. Zoning district height limits may be exceeded for belfries, cupolas, church spires, domes, monuments, airway beacons, radio/communication towers, fire towers, water towers, structures for essential services, monuments, stage towers or scenery lots, windmills, flagpoles, chimneys, radio/television receiving antennas or chimney flues subject to a conditional use permit to be issued by the Board of Aldermen and in no event to be higher than twice the legal required height of the principal structure on the lot, tract or parcel; provided however, that no such structure shall be permitted to extend into approach zones, clear zones, or other restricted air space for the protection of any public airport.
Section 415.120 Noise.
[Ord. No. 849 § 415.12, 10-16-2007]
A.
Noise Levels.
1.
Noise level readings shall be taken at the point of measurement. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. The sound pressure level of noise in an octave band frequency radiated continuously from a facility shall not exceed the values indicated in Exhibit 415-B.
Exhibit 415-B: Permitted Noise Levels | |||
|---|---|---|---|
Duration of Sound | 7:00 A.M. to 6:00 P.M. (All Districts) | 6:00 P.M. to 10:00 P.M. (Residential District) or 6:00 P.M. to 7:00 A.M. (Non-Residential Districts) | 10:00 P.M. to 7:00 A.M. (Residential Districts) |
Less than 10 minutes | 75 db | 70 db | 60 db |
10 minutes to 2 hours | 70 db | 60 db | 50 db |
Over 2 hours | 60 db | 50 db | 40 db |
2.
Values in Exhibit 415-B are subject to the correction factors listed in Exhibit 415-C. If the noise is not smooth and continuous, one (1) or more of the corrections which follow shall be added or subtracted from the applicable decibel level given in Exhibit 415-B.
Exhibit 415-C: Noise Correction Factors | |
|---|---|
Type of Operation of Character of Noise | Correction in Decibels |
Noise source operates less than 20% of any one hour period | Plus 5* |
Noise source operates less than 5% of any one hour period | Plus 10* |
Noise source operates less than 1% of any one hour period | Plus 15* |
Noise of impulsive character (hammering, etc.) | Minus 5 |
Noise of periodic character (hum, screech, etc.) | Minus 5 |
Note: *Apply one (1) of these corrections only. |
3.
Sounds in excess of the residential district limitations as measured in a residential district violate this Section whether the sound originates in a residential district or any other district.
B.
Exceptions To Noise Level Standards. Sounds emerging from the operation of:
1.
Motor vehicles on a public highway;
2.
Aircraft;
3.
Outdoor implements such as power lawn mowers, snowblowers, power hedge clippers and power saws;
4.
Emergency equipment of any kind;
5.
Maintenance equipment operated by a public agency or utility;
6.
Pile drivers or jackhammers and other construction equipment; and
7.
Sounds emanating from lawful and property activities at school grounds, playgrounds, parks or places wherein athletic contests take place.
C.
Ambient Noise. Locations where the ambient noise level generated by daily traffic on an adjacent street exceeds the standards set forth in Exhibit 415-B, control of noise shall not be required to produce a sound level below that of the ambient noise level.
Section 415.130 Outdoor Lighting.
[Ord. No. 849 § 415.13, 10-16-2007]
A.
To promote, protect, and enhance the lawful nighttime use and enjoyment of any and all property by using appropriate lighting practices and systems. Individual fixtures and lighting systems shall be designed, constructed, and installed to minimize obtrusive light, while maintaining safety and security lighting as furnished by the electrical utility company, but make the owner aware of light trespass in regard to installation.
2.
No incandescent bulbs over one hundred fifty (150) watts will be allowed outside.
3.
It shall be unlawful to install or have a bare incandescent bulb without a deflector.
4.
Dusk-to-dawn lights of either sodium vapor or mercury vapor shall not cause light trespass.
5.
No light standard shall exceed twenty-five (25) feet height.
6.
Floodlights, either alone or used in motion sensor lights, must be of shielded construction and installed so as to reflect downward.