Lake Waukomis City Zoning Code
ARTICLE II
One-Family Dwelling District A
Section 400.150 Use Regulations.
[CC 1974 §25-16; Ord. No. 40 §5, 11-21-1960]
A.
In District A, no building or land shall be used, and no building shall be erected, altered or enlarged, which is arranged, intended or designated for other than one (1) of the following uses, except as otherwise provided:
1.
Without special restrictions. One-family dwellings.
2.
Subject to special restrictions as listed below.
a.
Churches and community center buildings.
b.
Publicly owned parks and recreational areas.
c.
Public elementary and high schools, private schools with curricula equivalent to public elementary or high schools and institutions of higher learning.
d.
Public libraries, Police and fire stations and public administration buildings.
e.
Water supply reservoirs, wells, filter beds, public water supply works and sewer disposal facilities.
f.
Buildings and premises for public utility services or public service corporations, which buildings or uses the Zoning Commission deems reasonably necessary for the public convenience and welfare.
3.
The foregoing uses in Subsection (2) shall be located in accordance with at least one (1) of the following conditions:
b.
On a lot approved by the Zoning Commission after a study and a recommendation by the Zoning Commission as to the operation, time limit and other safeguards as the Commission may deem necessary to protect the appropriate use of neighboring property, to carry out the general intent and purpose of this Chapter and after a public hearing. If the Zoning Commission finds that such use would be in violation of the general intent and purpose of this Chapter or would seriously impair the appropriate use of neighboring property, then such use shall not be permitted. Such use shall comply with the height and area regulations of the district in which it is located, unless such height or area regulations are waived by the Commission.
c.
Group homes. No group home shall be located within five thousand (5,000) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
4.
Accessory uses as follows customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry:
a.
Each first (1st) tier lot owner shall be entitled to one (1) seawall and one (1) dock. Each second (2nd) tier lot owner shall be entitled to one (1) boat dock located at a point designated and approved by the Board of Aldermen. For the purposes of this paragraph, the word "owner" shall be construed to mean a person who owns one (1) lot or who owns one (1) or more lots that are adjoining and adjacent lots.
(1)
All floating docks shall be of a seaworthy design, constructed of good materials, reinforced with steel bracing in order to prevent tearing asunder, capsizing or collapsing
(2)
A dock may be incorporated as a single unit; however, in no case shall a dock as a single unit or incorporated as a single unit be constructed of a minimum size of less than eight (8) feet by ten (10) feet or of a maximum size of more than ten (10) feet by twelve (12) feet, measured from outside walls.
b.
Temporary buildings, such as contractor's sheds and buildings of a similar character, shall be permitted during the construction of buildings, upon approval of the Board of Aldermen, but not to exceed twelve (12) months.
c.
No store, trade, or industry of any kind or nature shall be permitted.
d.
Temporary buildings shall not be constructed or erected prior to the main residential building and shall not be occupied as temporary resident quarters pending completion of the main residence. All houses shall be completed on the outside within nine (9) months after receiving a building permit and all temporary buildings shall be removed immediately upon the expiration of such nine (9) month period.
e.
House trailers, tents or movable houses or homes shall not be permitted.
f.
No storage tanks of any kind shall be permitted above the ground.
g.
Other than as permitted pursuant to Section 500.120, boarding houses, lodging houses, or short-term rentals (i.e., Airbnb or VRBO) shall not be permitted.
[Ord. No. 516, 7-11-2018]
h.
Tourist cabins or trailer camps shall not be permitted.
i.
Livestock, swine and poultry shall not be permitted.
j.
Vegetable gardens for personal consumption shall be permitted; provided that such vegetable gardens are planted, cultivated and consumed by a lot owner who has a permanent residential home in the City.
k.
No billboards, signboards, advertising signs or window displays shall be permitted.
Section 400.160 Height, Yard and Area Regulations.
[CC 1974 §25-17; Ord. No. 40 §6, 11-21-1960]
A.
In District A, the height of the buildings, the minimum dimensions of yards and the minimum lot area per family permitted on any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed thirty (30) feet in height from the top of the high side of the foundation wall.
2.
Front yards.
a.
All lots abutting the lake shore shall be considered "first (1st) tier" lots and the front of such "first (1st) tier" lots shall be considered the lakeside thereof. All other lots not abutting the lake shore shall be termed "second (2nd) tier" lots and the front of all such "second (2nd) tier" lots shall be that side of such lot abutting a street or road nearest the lake shore, such front side being that portion of such lots on which maintenance is assessed.
b.
The front yards of first (1st) tier lots in District A shall have a minimum depth of not less than twenty-five (25) feet from the front line thereof to the main body of the residential structure. No porch or part thereof attached to any such residential structure shall be within fifteen (15) feet of the front line of any such lot.
c.
Front yards of second (2nd) tier lots in District A shall have a minimum depth of not less than twenty-five (25) feet from the front line to any portion of the residential structure, including the porch or any part thereof.
3.
Side yards.
a.
There shall be a side yard on each side of every residential structure with a minimum width of not less than five (5) feet.
b.
On corner lots the side yard regulations shall be the same as for interior lots, except in the case of reversed frontage where corner lots have been platted fronting on the side street. In such case there shall be a side yard on the street side of the corner lot of not less than twenty-five (25) feet in width.
4.
Rear yards. The rear yards in District A shall have a minimum depth of not less than twenty (20) feet.
5.
Lot area.
a.
Not more than one (1) residence at a time shall be placed or kept on any one (1) lot and no such residence shall be designed or converted for the use of more than one (1) family.
b.
When a residence is planned for more than one (1) lot, the front line thereof, for the purposes of this Chapter, shall be a line which is established by drawing a straight line across the front of such lots from the two (2) most farthest front points
c.
All residences hereafter constructed within the City shall front toward and be parallel with the front line of the lot upon which such residence is being constructed.
d.
Whenever a residence is to be constructed upon a corner lot, upon a lot of extraordinary or unusual size and shape or upon a lot which, because of the terrain and grade of the land, is difficult or impossible to determine the proper application of the provisions of this Chapter thereto, then the Zoning Commission shall in all such cases have the power and authority to designate the proper location of such structure upon any such lot, including the manner in which it shall front and the front, side and rear yard depth requirements, in order that any such structure will comply in all respects with the intent and purposes of this Chapter as it is applicable to the immediate vicinity.
Section 400.170 Building Construction Requirements.
[CC 1974 §25-18; Ord. No. 40 §6, 11-21-1960; Ord. No. 188 §1, 5-13-1992; Ord. No. 189 §§1 — 2, 4-8-1992]
A.
Building construction requirements in District A shall be as follows:
1.
Size. The minimum size of any residential structure in District A shall be equal to average size of the existing structures within the same block, together with those in the block adjacent thereto facing the same street, but in no case shall the first (1st) floor area of a residential structure in District A be less than nine hundred (900) square feet, measured from the outside walls and exclusive of the area of any attached garage, carport and porches. For the purposes of this paragraph, the term "first (1st) floor area" shall be construed to mean the first (1st) floor of the structure above the basement thereof and in the absence of a basement, then such term shall be construed to mean that floor of any residence located immediately above the foundation of any such residence.
2.
Garages, carports, porches and accessory buildings. All garages, carports and porches shall be attached to the residential structure. Unattached garages, carports, porches and accessory buildings shall not be permitted.
3.
Sea walls and docks. All sea walls shall have adequate footings of poured concrete that is steel reinforced or the equivalent thereof installed below the frost line. Sea walls shall be constructed of poured concrete that is steel reinforced, concrete blocks or stone and rock masonry or materials of equal strength and durability approved in writing by the Enforcement Officer. All docks building materials and construction shall meet the minimum requirements of the Federal Housing Administration with reference to construction and with reference to the grade and durability of materials used. No unpainted docks shall be permitted and all docks shall be continuously maintained in a sightly and usable condition.
4.
Foundations and footings.
a.
All residential structures shall have adequate routings of poured concrete that is steel reinforced or the equivalent thereof installed below the frost line.
b.
Foundation walls above the footings for all residential structures shall be of poured concrete that is steel reinforced or of materials of equal strength and durability.
5.
Materials and construction. All residential building materials and construction shall meet the minimum requirements of the Federal Housing Administration. Such minimum requirements of the Federal Housing Administration are hereby referred to, incorporated herein and made a part of this Chapter by reference.
6.
Outside coverings. The outside of each residential structure shall be fully covered by a standard wood or approved metal siding, shingles, stucco, brick, stone or other similar high grade materials meeting the approval of the Zoning Commission.
7.
Roofs. The roof of each new residential structure shall be of composition shingle, tile, slate or similar quality of material meeting the approval of the Zoning Commission. Wooden shingle roofs are expressly prohibited for new construction after the enactment hereof.
8.
Unpainted, wooden houses. No unpainted or unstained wooden houses shall be permitted to stand upon any lot unless they are of log or slab construction.
9.
Completion date. All houses and residential structures shall be completed on the outside within nine (9) months after issuing of a building permit.
10.
Fences. No fence or other similar obstruction shall be constructed on any lot; provided that the Board of Aldermen may, by a majority vote, authorize the construction of a fence on any lot upon application in writing being made to the Board for a permit to construct such fence. The application shall be in the form as prescribed by the Board and shall, among other things, contain the following:
a.
An attached plat, prepared by a surveyor licensed in the State, showing the boundary lines of the lot upon which any such fence is to be constructed.
b.
A statement setting forth the height of any such fence.
c.
A statement setting forth the materials of which any such fence will be constructed.
No fence shall be constructed within the City unless a permit therefor has first been obtained from the Board of Aldermen as herein provided.
11.
Off-street parking. All residential structures hereafter constructed shall provide off-street parking for at least one (1) automobile.
12.
Water drainage.
a.
Downspouts. All residential drainage downspouts shall drain into an underground line, which on homes constructed after the enactment hereof on the first (1st) tier of the lake shall drain into the lake and on the second (2nd) tier of the lake shall drain into a proper drainage ditch, all meeting the approval of the Zoning Commission.
b.
Driveways. All second (2nd) tier driveways constructed after the enactment hereof shall have a metal grate where said driveways meet the roadway in order to allow rainwater to drain into the drainage ditches so as to prevent water flow across the roadways.
c.
New or replacement parking pads must be constructed using a hard surface such as pavers, concrete, or asphalt, and must include a drain or be designed to provide proper drainage.
[Ord. No. 463 §I, 12-10-2014]