Pine Lake City Zoning Code

The area from the east city limits to west city limits running south of poplar road and oak road is designated as business property.

(Code 1986, § 6-1-1; Ord. No. 100, 4-8-1968; Ord. No. O0003-02, § 6-1-1, 11-12-2002)

(a)

Purpose. The ARB will assist both the city council and city residents in creating and implementing a standard (guideline) to achieve quality in architectural design and to protect the unique environment of Pine Lake; the ARB will assist the council and residents in determining and implementing a vision for the city's built and natural environment; the ARB will provide standards for developers on projects that include two or more homes adjacent to one another.

(1)

Revisions to current Code: The ARB will provide recommended revisions to current land development regulations to better assure that residential and commercial development will be undertaken in a manner that: (i) has minimal negative impact on the city's existing traffic infrastructure, floodplains lake and wetlands; and (ii) provides protection to community from the increases in storm water runoff caused by construction of impervious cover; and (iii) provides meaningful protection of the communities trees and other natural resources and (iv) provides a methodology for new development to provide public facilities (such as parkland) proportional to the new development's impact on such public facilities.

(2)

Development guidelines: Recommend development guidelines that include, but are not limited to, protecting significant features of the natural environment, providing community open space, encouraging variety of housing types, encourage infill development and specify architectural standards and streetscape standards, including location of ingress and egress during construction and parking of construction vehicles; and planned traffic ingress and egress after building completion.

(3)

Guidance for multiple housing developments: review, evaluate, and advise developers on the appearance of developments that involve two or more homes that are built adjacent to one another to ensure that they each have a uniqueness that does not disrupt the eclectic housing outlook of the community.

(b)

Composition. Members shall be appointed by the mayor with the consent of the city council and shall include two city council members, and five at-large community representatives who represent a diversity of expertise, skills, and viewpoints. Qualified candidates must be willing to devote a substantial amount of time and energy toward shaping the future of Pine Lake. The mayor shall appoint a chair for the first meeting. The board shall elect its chair, vice chair and secretary from among its members with staggered terms of service.

(c)

Duties. The architectural review board shall meet no less than once per month with the purpose of achieving the objectives set out in section one of this ordinance.

(d)

Meetings. The date and time of meetings shall be established at the first meeting. The frequency of the meetings may vary according to the phases of the planning process. All committee meetings will be open work sessions. A quorum shall be necessary to conduct business. Meetings to review permit applications will be called upon receipt of a review request and may be conducted with as few as two members. Since property owners have the right to a fair and speedy review of their plans, in the absence of an ARB review, the director of administration and the mayor shall conduct an emergency review.

(e)

Attendance. Regular attendance at meetings is necessary to maintain momentum and create a productive environment. Members of the board shall attend all meetings of the board. Failure to attend two meetings in succession shall be sufficient cause for removal of the member by the city council. Members should attend as many public meetings and workshops as possible. Members of the board shall read all appropriate materials and arrive prepared to work.

(Code 1986, § 6-1-1(1.1.1)—(1.1.6), (2.0); Ord. No. O0003-02, § 6-1-1, 11-12-2002; Ord. No. 12-07, § 1—5, 11-12-2007)

No building permit will be issued for, nor construction allowed, of any single-family dwelling, unless the land area for such proposed dwelling shall have a street frontage of a minimum of 60 feet and a depth at all points of a minimum 100 feet; however, a building permit will be issued, and single-family construction allowed, for any single-family construction on any land area, provided the construction of a single-family dwelling is for the replacement of a single-family dwelling on land area not in conformity with this section; and provided that the existing single-family dwelling is completely torn down, demolished and removed from the land area within 45 days of the issuance of any occupancy permit for the new dwelling. Failure to tear down, demolish and remove the existing single-family dwelling from the land area as provided by this section will subject the property owner to a fine of up to $100.00 per day for each day over the allotted 45 days, or one day in jail for each day over the allotted 45 days, or both fine and imprisonment.

(Code 1986, § 6-1-2; Ord. of 4-14-1986; Ord. of 6-12-1995, § 2)

(a)

Effective immediately, any property that is subdivided or combined, will be charged a lot creation fee of $200.00 for each new lot created by the subdivision or combination. The fee is to cover the administrative expenses for:

(1)

Originating the paperwork;

(2)

Tracking of lot and census data;

(3)

Incremental stormwater management initiation;

(4)

Safety/security property management initiation;

(5)

Initiating a lot sanitation address.

(b)

When application is made at city hall, a recent (60 days) certified property survey must be filed with application.

(c)

Property surveys must include all buildings.

(Ord. No. 14-06, 9-26-2006)

Editor's note— Ord. No. 16-07, adopted November 12, 2007, repealed § 54-23 in its entirety. Formerly said section pertained to minimum floor area and derived from Code 1986, § 6-1-3; Ord. No. O00198, § 6-1-3, 1-12-1998; Ord. No. 01-03, § 6-1-3, 5-12-2003.

(a)

Front setback. No part of any house, carport or garage, building or other structure shall be erected within 20 feet of surveyors pin.

(b)

Side setback.

(1)

Single-story structure. No house or other structure specified in subsection (a) of this section shall be erected within eight feet of a side lot line from the surveyors pin.

(2)

Two-story structure. No portion of the two-story house or other structure specified in subsection (a) of this section shall be erected within ten feet of a side lot line from surveyors pin.

(c)

Rear setback.

(1)

Single-story structure. No house or other structure specified in subsection (a) of this section shall be erected within 12 feet of a rear lot line from the surveyors pin.

(2)

Two-story structure. No house or other structure specified in subsection (a) of this section shall be erected within 15 feet of the rear lot line from the surveyors pin.

(3)

If a detached garage or storage building, under 100 square feet, is to be built within the back 30 feet of a 100 foot lot, it may be placed within the set back, but no closer than 2½ feet (30 inches) from the lot line, as long as it can be demonstrated that stormwater from the structure can be managed on the property. On corner properties, the garage or storage building may only be located in the one corner of the property further away from both streets.

(4)

If a detached garage or storage building, over 100 square feet, is to be built within the back 30 feet of a 100 foot lot, it may be placed within the set back, but no closer than four feet (48 inches) from the lot line, as long as it can be demonstrated that stormwater from the structure can be managed on the property. On corner properties, the garage or storage building may only be located in the one corner of the property further away from both streets.

(Code 1986, § 6-1-4; Ord. No. 4-05, 4-11-2005; Ord. No. 03-06, § 6-1-4, 3-13-2006)

(a)

Off-street parking facilities. Off street parking facilities shall be required for all new residential construction at the rate of two spaces per dwelling with a minimum of 20 feet in length.

(b)

Aprons. All new or resurfaced driveways will include a stone, concrete, brick or asphalt apron which blocks the stormwater from the street from entering the property. The aprons will extend the entire width of the opening to close the breach in the curbing. The apron will rise more than four inches above the road grade within 2.5 feet from the roads edge and must tie into the curb.

(c)

Sloping/crowning.

(1)

All driveways and park pads must be crowned or sloped such that stormwater does not puddle and so that most run off is either connected into the city's stormwater management system or maintained on the property where it is generated. Tie-ins to the city's system must be approved by the director of administration or their designee.

(2)

All paved driveways that are longer than 22 feet may be crowned. Crowned driveways must have a peak that is more than three inches higher along its centerline and the crown must extend from the apron to the parking pad or from apron to its other end. Crowned driveways longer than 22 feet with a slope along their length of more than one to three must also contain appropriate materials to diffuse the flow of stormwater longitudinally. The edges of the drive will be designed to prevent rutting. Stones, plants, drains or diffusers may be used.

(Code 1986, § 6-1-5; Ord. of 11-10-1969; Ord. No. 03-03, § 6-1-5, 5-12-2003; Ord. No. O003-05, § 6-1-5, 3-14-2005; Ord. No. 20-05, § 6-1-5, 9-12-2005)

(a)

It shall be unlawful to build or cause to be built any type of fence along the street frontage without first obtaining a permit from the city clerk. The permit shall be issued at no charge. The fence shall be erected along the existing property line, to a height of no more than 48 inches above the ground in the front and side yards and not closer than three feet to the curbing.

(b)

All fences shall be constructed of appropriate and commonly accepted residential fencing materials and shall not be constructed of livestock type fencing materials including but not limited to welded wire, barbed wire or chicken wire.

(c)

Any fence which is not properly maintained in good repair will be in violation of this section.

(Code 1986, § 6-1-6; Ord. No. 88, 3-6-1961; Ord. of 1-13-1997, § 6; Ord. of 7-14-1997, § 6-1-6; Ord. No. O00599, § 6, 3-8-1999)

It shall be unlawful for any person to:

(1)

Construct, erect or maintain a swimming pool on any property within the city without first providing for a fence or enclosure to safeguard the swimming pool. The fence shall be a permanent type fence, a minimum of five feet high, and completely encircling any swimming pool erected within the city.

(2)

Install a swimming pool without first providing for the fence hereinabove specified.

(Code 1986, § 6-1-7)

It shall be unlawful to construct any multifamily dwelling within the city limits.

(Code 1986, § 6-1-8; Ord. of 8-10-1981)

(a)

Trailers, mobile homes, mobile living units, semi-permanent living units, temporary living quarters, portable shelters suitable for living and pavilion style car shelters not anchored in concrete shall be prohibited within the city limits. Any structure not correctly issued a building permit, by the city and the county and properly constructed as a permanent domicile will not be allowed within the city limits.

(1)

A resident may erect a temporary tent-like structure or pavilion for a period of seven days for special occasions such as wedding receptions, family reunions or a child's sleep over party. All temporary structures, as defined by this Code may be made permanent by application for and approval of a variance from the council of the city. It shall be lawful for any resident of the city to maintain upon the property occupied by him or her not more than one camper type trailer or tow-able living unit classified as a "camper," provided the same is not used upon the premises as a permanent dwelling unit, and the same must be confined within the property limits of the lot. Such resident may also maintain one utility type trailer not exceeding six feet in width and seven feet in length nor having more than two wheels, and one boat trailer in good and serviceable condition.

(2)

Summer mosquito tents must be reviewed for stormwater requirements and appropriate anchoring, determined by the city through the permit process.

(b)

No trailer of any type or description shall be permitted within the city limits unless the same has first been registered with the city clerk and the owner of the trailer shall furnish the city clerk an identifying mark or number for the trailer and maintain a current motor vehicle registration tag affixed to the trailer.

(c)

It shall be unlawful for any person to locate, set, place, park or abandon any trailer or nonmotorized vehicle upon any street within the city or upon any vacant lot within the city.

(d)

For the purpose of this section, the term "mobile home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.

(Code 1986, § 6-1-9; Ord. No. 39, 5-29-1946; Ord. of 1-10-1972; Ord. No. 04-2006, 7-10-2006)

(a)

No building shall be moved into the city for occupancy as a dwelling unless it meets the standards of this article as to location and of the housing code, ; provided that if the building is in such condition that repair is practical to bring the building into conformity with such housing code, the moving permit may be issued upon the following terms and conditions:

(1)

The permit holder shall begin repair and/or restoration work within 30 days of the location of tile building at the new site.

(2)

All repair and/or restoration work shall be completed within six months of the location of the building at the new site.

(3)

All repair and/or restoration work shall be accomplished in accordance with the provisions of the various technical codes adopted by this article including, but not limited to, securing of permits and inspections by the city.

(b)

Permit applications for moving buildings along public streets shall be submitted to the chief of police for approval. Procedures and times for the moving of buildings shall comply with all terms and conditions imposed by the chief of police. No permit shall be issued until the applicant posts a bond in such amount as established from time to time by the city council to cover the cost of:

(1)

Repair of any damage caused by the move; or

(2)

Removal of a structure not meeting the requirements of this section.

(c)

Failure to comply with any of the terms and conditions of this section shall be deemed an offense and shall be punished, upon conviction, as provided in section 1-9. Each day's continuance of a violation shall constitute a separate offense.

(Code 1986, § 6-1-10)

City residents living outside the area zoned for business established in section 54-19 may conduct a business in their home provided the following conditions are met:

(1)

No group instruction is given on the premises.

(2)

No person is employed other than a member of the immediate family residing on the premises.

(3)

No sign, advertising or other evidence of business activity is visible from the exterior of the premises.

(4)

No more than 25 percent of the floor area of the dwelling is used for conduct of the business.

(5)

No commodity is stocked or sold on the premises.

(6)

No mechanical or electrical equipment other than that normally found in a home is kept on the premises for commercial purposes.

(7)

No article, product or service used or sold in connection with the business activity shall be other than those normally found on residential premises. This section does not prohibit yard or garage sales within the city, but does subject such sales to certain rules and regulations as herein set out. Only residents may hold such sales. The resident seeking to have such a sale must obtain a permit from the city at least 72 hours prior to the commencement of such sale and pay a $10.00 permit fee. The permit fee shall be refunded upon the resident removing all signs advertising the sale, and cleaning and restoring the premises to its presale condition. It is further provided that there shall only be two such sales per property during any 12-month period, and each sale may extend no longer than three consecutive days.

(Code 1986, § 6-1-11)

Property owners, their agents and nonowner occupants shall maintain and keep lawns, shrubbery, accessory uses and residential structures in reasonably attractive condition. Lots, driveways and parking areas which are visible from the street must remain free of debris, furniture, appliances, tools, commercial equipment, construction products except those being applied to the property pursuant to a current building permit, stored materials and unsightly objects.

(Code 1986, § 6-1-15; Ord. of 1-13-1997, § 6-1-15)

Purpose. The purpose of this section is to establish minimum regulations for the design, installation and construction or/single family and attached single family homes, by providing reasonable criteria for visitability by persons with disabilities.

Title. This section shall be known as the Visitability Code of Pine Lake and is hereinafter referred to as the "Visitability Code" or "this Code".

STEP-FREE ENTRANCES. Revise Section R322.1 'Scope' of the 2006 International Residential Code to add at end as follows:

R322.1 Scope. (Beginning of section left unchanged) … shall apply. Single family and attached single family homes shall follow Section R322.2.

Add new Section R322.2 'Step-free entrances' to the 2006 International Residential Code as follows:

R322.2 Step-free entrances. Every single family dwelling and attached single family dwelling shall be provided with at least one (1) step free entrance, accessible from an accessible route from a parking area or public way. This step-free entrance shall be approached by a slope, no greater than 1 in 12 (less steep is desirable). This entrance can be approached by a sidewalk, a driveway, a garage floor, or other useable route. The step free entrance may be located at any entrance to the home. If the step free entrance is located in the garage, a doorbell button shall be located outside the overhead garage door. In a case where a lot is so steep that it cannot be graded to a maximum slope of 1 in 12, the driveway may have to exceed a 1 in 12 slope. In this case, upon approval by the Building Commissioner, the builder may construct a 1 in 12 (or less) route leading from the driveway to the no-step entrance.

EXCEPTION: If a no step entrance is located at a level other than the level closest to grade, such as the lower level of a split level home, and a washroom or powder room that complies with the requirements of this Code is located on the same level as the no step entrance, a first floor washroom/powder room shall not be required.

In addition, the Director of Administration may waive any of the aforesaid entrance requirements if, within his discretion, he determines that such entrance is not feasible based on water table elevations.

ELECTRICAL WALL SWITCHES. Revise Section 404.8(A) 'Accessibility and Grouping: Location' of the 2005 National Electrical Code as follows:

404.8(A) Location. All switches and circuit breakers used as switches shall be located so that they may be operated from a readily accessible place. They shall be installed such that the center of the grip or the operating handle of the switch or circuit breaker, when in its highest position is not more than forty-eight (48) inches above the floor. Height shall be determined by measuring from the finished floor to the center of the switch.

EXCEPTIONS: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. This requirement does not apply to thermostats or breaker panels.

BATHROOM DESIGN. Add new Section R307.1.1 'Access' to the 2006 International Residential Code as follows:

R307.1.1 Access. All bathrooms and powder rooms shall meet all applicable requirements of this Code. It is not essential (although it is recommended) to have a large turning radius inside a residential bathroom or powder room. In a small bathroom or powder room, the wheelchair user can roll in forward and roll out backward. A minimum thirty-two (32) inch clear path must be provided to all fixtures and the room must be designed in a manner that will allow the user to be able to shut the door when using the room. The bathroom, washroom or powder room door may be hinged to swing out to provide more room, if the hall way design provides the proper clearances.

WALL REINFORCEMENT. Add new Section R307.3 'Wall reinforcement' to the 2006 International Residential Code as follows:

R307.3 Wall reinforcement. Bathroom walls shall be provided with wood blocking installed flush within wall framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located between thirty three (33) inches and thirty six (36) inches above the finished floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. All bathrooms, washrooms and powder rooms shall meet all applicable requirements of this Code.

FIRST FLOOR BATHROOM/POWDER ROOM. There shall be at least one bathroom/powder room, containing at least one toilet and one sink, on the dwelling floor located closest to grade level. This bathroom/powder room shall be designed and constructed n a manner that will provide wheelchair access to both the water closet and lavatory.

DOORS. Delete Section R311A.2 'Door type and size' from the 2006 International Residential Code and substitute the following:

R311A.2 Door type and size. All exterior and interior doors shall not be less than three (3) feet in width and six (6) feet eight (8) inches in height, and shall provide a minimum clear opening of thirty-two (32) inches. All required exit doors shall be side hinged.

EXCEPTIONS: Sliding doors, providing that a minimum thirty-two (32) inch clear opening is maintained. Interior pocket doors, providing that a minimum thirty-two (32) inch clear opening is maintained. Interior doors that do not require passage for access as determined by the code official, for example, doors to linen closets and pantries in which the shelves are located immediately inside the door opening. Any interior door located in a manner that when fully open, a minimum thirty-two (32) inch clear opening is provided.

HALLWAYS. Revise Section R311.3 'Hallways' of the 2006 International Residential Code to read as follows:

R311.3 Hallways. The minimum width of a hallway or exit access shall be not less than forty-two (42) inches.

ROUTES WITHIN A DWELLING UNIT. Every single family and attached single family dwelling shall have an accessible route through the hallways and passageways of the floor level served by the step free entrance. Hallways shall not be less than forty-two (42) inches in width. All other passageways, other than doorways, shall not be less than thirty-six (36) inches in width.

(Ord. No. 13-07, Art. 9, 12-10-2007)