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Le Mars City Zoning Code

167.15 OTHER

USE REGULATIONS.

1.   Special provisions for large-scale residential developments:
   A.   Large-scale residential developments, where permitted, are subject to the following conditions:
      (1)   The development shall have a minimum area of two acres.
      (2)   The housing type, minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedures set out below, which shall prevail over conflicting requirements of this chapter or Chapter 165 governing the subdivision of land.
      (3)   The final development plan shall follow all applicable procedures, standards and requirements of Chapter 165 governing the subdivision of land. The final development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this State. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
      (4)   The Planning and Zoning Commission shall review the conformity of the proposed development with the standards of the official City plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards shall be provided around the boundaries of the area being developed. The Planning and Zoning Commission may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the City for a period of 20 years from date of filing. A plat of development shall be recorded regardless of whether a subdivision is proposed and such plat shall show building lines, common land, streets, easements and other applicable features required by Chapter 165 governing the subdivision of land.
      (5)   The buildings may be used for single-family dwellings, two- family dwellings or multiple dwellings and the usual accessory uses. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools or other nonresidential uses from the gross development area and deducting 20 percent of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.
   B.   The Commission may hold one or more public hearings on a final development plan. The recommendations of the Commission shall be forwarded to the Council which shall approve or disapprove the action of the Commission with or without modification and after public hearing. After approval by Council and after any required restrictions are in effect, the Building Official may issue permits enabling the approved final development plan to be carried out.
2.   Accessory buildings and uses are permitted when in accordance with the following:
   A.   In the R, RC, R-1, R-1A and R-2 districts, accessory buildings and uses are limited to:
      (1)   A noncommercial greenhouse that does not exceed in floor area of 25 percent of the ground floor area of the main building.
      (2)   A private garage used only for the housing of noncommercial passenger automobiles and with a floor area not exceeding 900 square feet. An additional floor area of 200 square feet may be provided for each 3,000 square feet of lot area by which such lot exceeds 7,500 square feet, provided that no garage shall exceed 1,500 square feet, nor house more than six such automobiles.
      (3)   Home occupation.
      (4)   Vegetable or flower garden.
      (5)   The raising of fowl is not allowable under Chapter 55.
      (6)   Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace and similar uses customarily accessory to residential uses.
      (7)   Accessory building must be a building so designed for such use. The building shall consist of wood or metal but should not include a structure that was designed for some other primary use and shall not be converted to a utility building. The use of old truck boxes or railroad cars is prohibited as use of a utility or storage shed.
   B.   In the business and industrial districts, there may also be:
      (1)   Parking lots and garages conforming with the requirements of Section 167.19.
      (2)   Use of not to exceed 40 percent of the floor area of a building for incidental storage or light industrial activity.
   C.   There shall be the following additional regulations for accessory buildings:
      (1)   No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during the building construction.
      (2)   No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.
      (3)   Accessory buildings may not be used for dwelling purposes.
3.   Regulations regarding screening and vision clearance shall be as follows:
   A.   Statement of Purpose. This subsection is established to recognize the public and private benefits accrued from functional and aesthetic screening between areas of incompatible land uses, the increasing demand for active and passive recreational area, the desirability of providing visual screening of certain parking lot, commercial, and manufacture areas, and the necessity of providing adequate vehicular vision clearance.
   B.   Off-street Parking and Loading Areas. All open off-street parking areas containing more than three spaces, and all open off-street loading areas shall have effective screening on each side adjoining or fronting on any residence district or any public or private street.
   C.   District Boundary Lines. Any property located in a commercial or manufacturing district shall have effective screening along lot lines adjoining any residence district, said screening to be not less than six feet in height, nor more than eight feet in height.
   D.   Fence Requirements.
      (1)   Permit Required. There will be a fee set by resolution of the Council for a fence permit. Application for a fence permit shall include a complete site plan of the lot and the proposed fence, with the height of desired fence included.
      (2)   In any special or residential district, fences may be erected along a lot line or adjacent thereto to a height not exceeding six feet above the ground level. Fences erected in a required front or street side yard and located less than four feet from the street lot line shall not exceed a height greater than four feet above the ground level, provided, however, that within 10 feet of any driveway crossing of a street lot line, any fencing shall not exceed two feet in height.
      (3)   Fences will not be allowed in a drainage way. If a fence is requested to be put on an easement, the property owner must have permission from the Building Official and holder of the easement.
      (4)   In any commercial or manufacturing district, no required fencing shall be erected along a lot line or adjacent thereto to a height exceeding eight feet above the ground level.
   E.   Exemptions. The Building Official may modify the provisions for the requirement of screening when suitable screening exists on abutting property or when such officer determines that such modifications for screening shall be in harmony with the general purpose and intent of this subsection. The Building Official may also modify the provisions for the requirement of vision clearance when such officer determines that such modifications shall be consistent with traffic safety and shall be in harmony with the general purpose and intent of this subsection.
4.   Regulations regarding mobile homes shall be as follows:
   A.   All inhabited mobile homes shall be located in a mobile home court which has received a conditional use permit and which conforms with the requirements of the following paragraph. No mobile home outside of an approved mobile home court shall be connected to utilities except those mobile homes being offered for sale and then only on a lot so designated as a mobile home sales business with such mobile home not inhabited.
   B.   Mobile home courts shall meet the following minimum standards:
      (1)   Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than 5,000 square feet and a width of not less than 50 feet, and no court shall be permitted an average density of mobile home lots of more than eight per acre, and each mobile home court shall provide an area of not less than 10 acres.
      (2)   All mobile home courts shall provide lots sufficient in size that no mobile home or any structure, addition or appurtenance thereto is located less than 10 feet from the nearest adjacent court boundary.
      (3)   Space between mobile homes may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least 10 feet from the nearest adjacent court boundary.
      (4)   Each mobile home site shall abut or face a clear unoccupied space, driveway, roadway, or street of not less than 20 feet in width, which shall have unobstructed access to a public highway, street or alley.
      (5)   The mobile home court shall be surrounded by a landscaped strip of open space 50 feet wide along the street frontage of a major street and 25 feet wide along all other lot lines or street frontage.
   C.   All mobile homes located within the City limits of Le Mars, Iowa, shall be required to have tiedowns to restrict over-turning and movement off their piers to meet the following requirements and specifications:
      (1)   Piers and Footings.
         (a)   All piers shall be placed on footings of solid concrete with minimum dimensions of 16 inches by 16 inches by 4 inches, or two 8-inch by 16-inch solid concrete block.
         (b)   Piers shall be constructed of standard 8-inch by 8- inch by 16-inch celled concrete.
         (c)   Piers shall be topped with a solid concrete cap 8 inches by 16 inches by 4 inches.
         (d)   Treated shims shall be driven tight between the cap and the main frame to provide uniform bearing. These shims shall be impervious to salt air and to rot. They shall be 4 inches or less in thickness and be wide enough to provide bearing over the top cap.
         (e)   Other types of piers and foundations of equivalent permanence and weight bearing ability may be approved. The use of a heavy metal adjustable column, anchored to both frame and foundation, may also be approved.
         (f)   Piers shall be centered under each main frame (or chassis) member with a maximum spacing of 10 feet on centers. The end piers shall be no farther than 5-feet from the ends of the mobile home.
      (2)   Tiedown Anchorage Requirements. (Tie down components utilized including anchor systems must be able to withstand at least 4,800 pounds without failure.)
 
 
 
Wind Velocity Miles Per Hour
Number of Frame Ties
Number of Over-the-Top Ties
10 and 12 Ft. Wide Mobile Homes
30-50 Ft. Long
90
5
4
50-60 Ft. Long
90
6
4
12 and 14 Ft. Wide Mobile Homes
60-70 Ft. Long
90
7
4
 
         (a)   Over-the-top tiedowns shall be positioned at stud and rafter locations near each end of the mobile home. Others, if needed, may be positioned between them.
         (b)   Wherever feasible, over-the-top tiedowns and frame ties directly beneath them may use the same anchors. Mobile homes with clerestory roofs are particularly vulnerable to high winds. Over-the-top tiedowns at each end of the clerestory section are required in addition to the anchorage presented in the above table.
         (c)   All ties shall be fastened to ground anchors as described in subparagraph (3) below and be drawn tight with galvanized turnbuckles or with a yoke-type fastener and tensioning device. Turnbuckles shall have a capacity to withstand a 4,800 pound tension without failure and shall be ended with jaws or forged or welded eyes. Turnbuckles with hook ends are not approved.
         (d)   All cable ends shall be secured with at least two U- bolt type cable clamps or other fastening device as approved by the enforcing officials.
         (e)   Cable used for this shall be of either galvanized steel or stainless steel having a breaking strength greater than 4,800 pounds. Cable shall be either seven-thirty-seconds inch diameter or greater (7 x 7) steel cable or one-fourth inch diameter or greater (7 x 19) aircraft cable.
         (f)   When flat steel strapping is used, it must be in accordance with Federal Specification QQ-S-781, i.e., 1¼ x .035", Type 1, Class B Grade 1 with breaking strength of the strapping.
         (g)   Steel strapping used for ties must terminate with a D- ring, bolt, or other fastening device which will not cause distortion of the band or reduce the breaking strength of the strapping.
         (h)   Wherever feasible, care should be taken to evenly space the frame ties and over-the-top tiedowns. They should not be bunched together.
         (i)   Sharp edges of the mobile home that would tend to cut the cable or strap over-the-top tiedowns must be protected by a suitable device which prevents such cutting when the mobile home is buffeted by the wind. Likewise, special adapters need to be installed to prevent the cable or strap from knifing through the mobile home.
         (j)   Connection of cable frame tie to the I-beam (or other shape) main structural frame member should be by a 5/8- inch drop forged closed eye, bolted through a hole drilled through the center of the I-beam. A washer, or equivalent, should be used so that the beam is sufficiently fish-plated around the hole. If steel strapping is used, care should be exercised to insure that minimum bending radius is adhered to so that the breaking strength of the strapping is not reduced.
         (k)   Frame ties should be the connection between the anchor and the steel I-beam (or other shape) main structural frame member which runs lengthwise beneath the mobile home. Frame ties should never be connected to any of the steel outrigger beams which fasten to and intersect the main I- beams at right angles. The outriggers do not have adequate structural strength to resist the frame tie loadings.
      (3)   Anchors.
         (a)   Ground anchors should be aligned so that they are close to a pier. They should also be situated immediately below the outer wall to also accommodate over-the-top ties as well as frame ties.
         (b)   Anchors shall be capable of withstanding 4,800 pounds of pull (in a vertical or diagonal direction) without failure.
         (c)   Augers shall have a minimum diameter of 6 inches (arrow-heads 8") and be sunk to a depth of at least 4-feet. Steel rods shall be at least 5/8- inch diameter with a forged or welded eye at top or with a yoke-type fastening and tensioning device.
         (d)   Deadman anchors shall be sunk to a depth of 5-feet and have a minimum length of 2-feet and a diameter of at least 6 inches. Celled concrete blocks are not approved. Solid steel rods shall be at least 5/8- inch diameter with the bottom nooked into the concrete deadman.
         (e)   Anchors to reinforced concrete slabs must be of strength comparable to that presented above.
      (4)   Compliance. When it appears that a person is in noncompliance with the provisions of this section said person shall be served with notice of noncompliance and be given 60 days in which to achieve compliance.
      (5)   Penalty. Any person served with notice of noncompliance with the provisions of this section and who fails to be in compliance with the provision of said section within 60 days of the service of notice of noncompliance shall be in violation of this Code of Ordinances.