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HomeMy WebLinkAbout2023-04-03 H01 Consumer Fireworks Sales Ordinance_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 3, 2023 AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 169, Zoning Regulations, District Regulations, Waukee, Iowa, by adding consumer fireworks sales as a permitted use to commercial zoning districts FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: Chapter 169 of the Waukee Municipal Code contains the zoning districts that are within the City of Waukee. Each district has a list of specific uses that are permitted within each respective district. In April 2022, new legislation was passed by the State and signed into law that relates to a city’s ability to restrict the sales of consumer fireworks. The legislation that was passed requires cities to permit the sales of consumer fireworks in districts intended for commercial or industrial purposes. Currently, the Zoning Ordinance only permits consumer fireworks sales in the M-1, M-1A, and M-2 districts. The proposed Ordinance would insert, “Consumer Fireworks Sales,” as a permitted use into the C-1A (Neighborhood Commercial District), C-4 (Office Park Commercial District), K-RN (Kettlestone Retail Neighborhood District), K-RC (Kettlestone Retail Community District), K- RR (Kettlestone Retail Regional District), and the K-OF (Kettlestone Office District). Amending these specific districts will bring the Zoning Ordinance into compliance with State law. The C-1 (Community & Highway Service Commercial District) and C-2 (Downtown Village District) do not need to be amended as the list of permitted uses in those districts reference the uses allowed in the C-1A district. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the proposed Ordinance at their meeting held on March 28, 2023 and recommended approval: Approval of an ordinance to amend Chapter 169 (sections 169.15, 169.18, 169.23, 169.24, 169.25, and 169.26) of the Municipal Code of the City of Waukee, Iowa by inserting “consumer fireworks sales” as a permitted use in commercial zoning districts. Community Development Director, Andy Kass introduced the Staff Memo that recommends a change to six (6) sections within Chapter 169 of the Municipal Code of the City of Waukee, Iowa to include “consumer fireworks sales” as a permitted use within those sections. This amendment would bring the City Municipal Code into compliance with current State Law that indicates that fireworks sales are to be a permitted use within Commercial Zoning Districts as the current ordinance only allows consumer fireworks sales in M-1, M-1A, M-2 Industrial Districts.  Commissioner Beenken advised that he was not in agreeance with the State overriding the professional ability of staff within cities that know what their H1 Cities want, but that he is in agreeance with the amendment that keeps the municipal code compliant.  Commissioner Tessau asked to clarify if there would be changes in the permit process. Mr. Kass advised there would not be any changes in the process, just a more varied availability of location.  Commissioner Streit questioned if Staff anticipated more interest with the amendment. Mr. Kass advised he does not anticipate more interest as other State restrictions in times that fireworks can be sold or set off help that. It also does not restrict the City’s ability to regulate if fireworks are allowed to be set off within city limits. Motion by Commissioner Broderick and seconded by Commissioner Tessau to approve an ordinance to amend Chapter 169 (sections 169.15, 169.18, 169.23, 169.24, 169.25, and 169.26) of the Municipal Code of the City of Waukee, Iowa by inserting “consumer fireworks sales” as a permitted use in commercial zoning districts. Commissioner Broderick seconded the motion. Ayes: Beenken, Tessau, Lohse, Broderick and Streit. Nays: None. Motion Carried. STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. Planning & Zoning Commission Memo II. Proposed Amendment PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: March 23, 2023 M emo Waukee City Hall 230 Highway 6 Waukee IA 50263 Office: (515) 987-4522 Cell: (515) 705-8231 Facsimile: (515) 987-1845 To: Planning and Zoning Commissioners From: Andy Kass, AICP – Community Development Director Date: March 24, 2023 Re: Proposed Amendment to Chapter 169 – Zoning Ordinance Attach: Proposed Ordinance BACKGROUND Chapter 169 of the Waukee Municipal Code contains the zoning districts that are within the City of Waukee. Each district has a list of specific uses that are permitted within each respective district. In April 2022, new legislation was passed by the State and signed into law that relates to a city’s ability to restrict the sales of consumer fireworks. The legislation that was passed requires cities to permit the sales of consumer fireworks in districts intended for commercial or industrial purposes. Currently, the Zoning Ordinance only permits consumer fireworks sales in the M-1, M-1A, and M-2 districts. PROPOSED ORDINANCE The proposed Ordinance would insert, “Consumer Fireworks Sales,” as a permitted use into the C-1A (Neighborhood Commercial District), C-4 (Office Park Commercial District), K-RN (Kettlestone Retail Neighborhood District), K-RC (Kettlestone Retail Community District), K-RR (Kettlestone Retail Regional District), and the K-OF (Kettlestone Office District). Amending these specific districts will bring the Zoning Ordinance into compliance with State law. The C-1 (Community & Highway Service Commercial District) and C-2 (Downtown Village District) do not need to be amended as the list of permitted uses in those districts reference the uses allowed in the C-1A district. STAFF RECOMMENDATION Staff would request your consideration for the proposed ordinance. 1 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 169, ZONING REGULATIONS, DISTRICT REGULATIONS, WAUKEE, IOWA, BY ADDING CONSUMER FIREWORKS SALES AS A PERMITTED USE TO COMMERCIAL ZONING DISTRICTS WHEREAS, in 2022, the State of Iowa passed a law that prohibits cities from restricting the sale of consumer fireworks in commercial and industrial zoning districts; AND, WHEREAS, an amendment to Chapter 169, Zoning Regulations, District Regulations, of the Waukee Municipal Code would include sales of consumer fireworks as a permitted use in the commercial zoning districts. BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use under Section 169.15, C-1A Neighborhood Commercial District, so that Section 169.15 reads as follows: 169.15 C-1A NEIGHBORHOOD COMMERCIAL DISTRICT. The C-1A District is designed to provide space for the development of ground that routinely assists the daily needs of the local traveling public while promoting scale and harmony with adjacent residential land uses. 1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the C-1A District. A. Medical clinics, group medical centers, or the office of a doctor, dentist, osteopath, or similar profession. B. Business and professional offices including but not limited to the following: law, engineering, real estate, insurance, and similar uses. C. Personal service businesses such as beauty and barber shops, shoe repair and similar uses. D. Churches, chapels, temples and similar places of worship. E. Municipal facilities utilized by the City for services provided to the community. F. Retail business or service establishments such as the following: Antique shops Apparel shops Art galleries Baby and children stores Bakeries or bakery outlets Bicycle shops, sales and repairs Book stores Camera stores Child care centers and nursery schools Clothes cleaning and laundry pickup stations Confectionery stores, including ice cream or snack bars Convenience store Delicatessens Dance studios 2 Drug stores Florist shops Home furnishing, décor and accessory stores Hardware stores Hobby and gift shops Jewelry stores and watch repair shops Key shops Launderettes and dry-cleaning establishments, Meat market for retail sales only Leather goods store Music and video stores Novelty food and drink shops Paint and wallpaper stores Photographic studios Postal substations Radio and television sales and repair shops Restaurants, cafes Retail printing/copy shops Sporting goods stores Tailor and dressmaking shops Toy stores Variety stores G. Wellness or recreational uses such as the following: Instructional fitness or recreational studio Health club Travel and tourist information centers H. Consumer fireworks sales. 2. Permitted Accessory Uses. A. Accessory uses and structures customarily incidental to any principal permitted use. B. Storage of merchandise incidental to the principal use. 3. Bulk Regulations. The following minimum requirements shall be observed, subject to the modifications contained in Section 165.19 of these zoning regulations: Lot Area no minimum Lot Width no minimum Minimum Front Yard 30 feet Minimum Rear Yard 30 feet Minimum Side Yard No minimum, except when adjacent to any R District, the minimum side yard setback shall be 30 feet. Maximum Height 2 stories or 40 feet for principal building 1 story or 14 feet for accessory building 4. Building Area. No single building within the C-1A District shall exceed 50,000 square feet. No configuration of buildings shall be allowed which is intended or planned to circumvent this requirement. 3 5. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Chapter 168 of these zoning regulations. 6. Site Plan Requirements. For site plan requirements, see Chapter 160 of this Code of Ordinances. 7. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 20 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structures or buildings; except ornamental structures included as part of the landscaping theme. Section 2. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use under Section 169.18, C-4 Office Park Commercial District, so that Section 169.18 reads as follows: 169.18 C-4 OFFICE PARK COMMERCIAL DISTRICT. The C-4 District is intended and designed to provide certain areas of the City for the development of professional and business offices. 1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the C-4 District. A. Business and professional offices such as the following: law, engineering, architecture, real estate, insurance, accounting, bookkeeping, finance, banking, stock brokerage and uses of a like or similar nature. B. The office of a doctor, dentist, osteopath, chiropractor, optometrist, chiropodist, or similar profession. C. Clinics or group medical centers, including dental clinics, but not including animal clinics or hospitals. D. Hospitals and skilled recovery centers. E. Hotels and conference centers. F. Restaurants (not including drive-through restaurants). G. Office buildings serving the management, research, design, marketing, and production needs of the general business community. H. Consumer fireworks sales. 2. Permitted Accessory Uses. A. Accessory uses and structures customarily incidental to any principal permitted use. B. The following low-intensity commercial service uses, intended primarily to serve the occupants and patrons of the C-4 District, shall be permitted within a building housing a use permitted under items A through E above: bookstores, camera stores, snack shops, drug stores, gift shops, drinking establishments, travel agencies, office supply stores, child care facilities, fitness centers, hair salon, and uses of a similar nature. 3. Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 165.19 of these zoning regulations: Lot Area no minimum Lot Width no minimum Minimum Front Yard 40 feet Minimum Rear Yard 30 feet 4 Minimum Side Yard No minimum, except when adjoining any R District or street right-of- way, the minimum side yard setback shall be 30 feet. Maximum Height No maximum except when adjacent to R-1, R-2 or R-4 District, 2 stories or 40 feet. 1 story or 14 feet accessory building 4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Chapter 168 of these zoning regulations. 5. Site Plan Requirements. For site plan requirements, see Chapter 160 of this Code of Ordinances. 6. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 25 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structure, or buildings, except ornamental structures included as part of the landscaping theme. Section 3. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use under Section 169.23, K-RN Kettlestone Retail Neighborhood District, so that Section 169.23 reads as follows: 169.23 K-RN KETTLESTONE RETAIL NEIGHBORHOOD DISTRICT. The K-RN District is intended and designed to provide certain areas of the Kettlestone development with smaller scale retail that is in closer proximity to residential uses which provides a limited amount of daily, short trip retail needs of the adjoining residential area. The K-RN zoning designation is reserved for those properties located within the adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines document identifying areas for residential, commercial, office, and mixed uses. 1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the K-RN District. A. Retail businesses and service establishments, contained within single-tenant building that is no larger than 20,000 square feet of total gross floor area, or multi-tenant building that is no larger than 50,000 square feet of total gross floor area, such as: (1) Retail sales stores including drug stores, bakeries and grocery stores (outdoor storage is prohibited but limited outdoor display may be permitted as part of the site plan approval process). (2) Personal service businesses such as hair and beauty salons, dry-cleaners and launderettes, shoe and watch repair shops. (3) Restaurants and Coffee Shops: dine-in, carry-out and drive-through. (4) Outdoor seating areas may be permitted as part of the site plan approval process. (5) Child care centers and nursery schools. B. Office uses such as: (1) Medical clinics, group medical centers, or the office of a doctor, dentist, osteopath, or similar profession. (2) Business and professional offices including the following: law, engineering, real estate, insurance, banks, financial services and similar uses. C. Consumer fireworks sales. 2. Permitted Accessory Uses. A. Private garage or carport. 5 B. Accessory uses and structures customarily incidental to any principal permitted use. C. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 165.19. Lot Area No minimum requirement Lot Width No minimum requirement Front Yard No minimum for principal permitted uses. 20 feet minimum for accessory structures Side Yards No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Rear Yard No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building Separation 25 feet Accessory Building Separation 25 feet between principal building and accessory building Maximum Height Principal building – 2 stories Accessory building – 1 story Floor Area Ratio 0.25 4. Off-Street Parking and Loading. One space per 250 square feet of retail and office uses. Spaces for all other uses shall be provided in accordance with the provisions of Chapter 168 of these zoning regulations. 5. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 20 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structure, or buildings, except ornamental structures included as part of the landscaping theme. 6. Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the adopted Kettlestone Design Guidelines. Section 4. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use under Section 169.24, K-RC Kettlestone Retail Community District, so that Section 169.24 reads as follows: 169.24 K-RC KETTLESTONE RETAIL COMMUNITY DISTRICT. The K-RC District is intended and designed to provide certain areas of the Kettlestone development with retail areas that are larger scale than retail neighborhood and are located within closer proximity to employment centers to provide a greater range of retail services for a wider population area. The K-RC zoning designation is reserved for those properties located 6 within the adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines document identifying areas for residential, commercial, office, and mixed uses. 1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the K-RC District. A. Retail businesses and service establishments, contained within single-or multi-tenant building that is no larger than 50,000 square feet of total gross floor area, such as: (1) Retail sales stores including drug stores, bakeries, and grocery stores (outdoor storage is prohibited but limited outdoor display may be permitted as part of the site plan approval process). (2) Personal service businesses such as hair and beauty salons, dry-cleaners and launderettes, shoe and watch repair shops. (3) Restaurants and Coffee Shops: dine-in, carry-out and drive-through. Outdoor seating areas may be permitted as part of the site plan approval process. (4) Bars, cocktail lounges, taverns, or saloons. Outdoor seating areas may be permitted as part of the site plan approval process. (5) Convenience stores, gas stations, car washes, automobile repair and service businesses, excluding body repair and painting. (6) Places of assembly such as churches, other places of worship, public and private schools, civic uses, and fraternal lodges. (7) Child care centers and nursery schools. (8) Commercial swimming pools, skating rinks, golf driving ranges, miniature golf courses, drive-in theaters, and similar recreational uses and facilities. (9) Animal hospitals and veterinaries. (10) Hotels and motels. B. Office uses such as: (1) Medical clinics, group medical centers, or the office of a doctor, dentist, osteopath, or similar profession. (2) Business and professional offices including the following: law, engineering, real estate, insurance, banks, financial services, and similar uses. C. Consumer fireworks sales. 2. Permitted Accessory Uses. A. Private garage or carport. B. Accessory uses and structures customarily incidental to any principal permitted use. C. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 165.19. Lot Area No minimum requirement Lot Width No minimum requirement Front Yard No minimum for principal permitted uses. 20 feet minimum for accessory structures Side Yards No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Rear Yard No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 7 5 feet for accessory structures. Principal Building Separation 25 feet Accessory Building Separation 25 feet between principal building and accessory building Maximum Height Principal building – 4 stories Accessory building – 1 story Floor Area Ratio 0.35 4. Off-Street Parking and Loading. One space per 250 square feet of retail and office uses. Spaces for all other uses shall be provided in accordance with the provisions of Chapter 168 of these zoning regulations. 5. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 20 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structure, or buildings, except ornamental structures included as part of the landscaping theme. 6. Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the adopted Kettlestone Design Guidelines. Section 5. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use under Section 169.25, K-RR Kettlestone Retail Regional District, so that Section 169.25 reads as follows: 169.25 K-RR KETTLESTONE RETAIL REGIONAL DISTRICT. The K-RR District is intended and designed to provide certain areas of the Kettlestone development with retail areas intended to be large scale, including large box retailers, and located in high traffic, high visibility areas to provide retail services for the entire community and regional area. The K-RR zoning designation is reserved for those properties located within the adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines document identifying areas for residential, commercial, office, and mixed uses. 1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the K-RR District. A. Retail businesses and service establishments such as: (1) Retail sales stores including drug stores, bakeries and grocery stores (outdoor storage is prohibited but limited outdoor display may be permitted as part of the site plan approval process). (2) Hotels and Motels. (3) Personal service businesses such as hair and beauty salons, dry-cleaners and launderettes, shoe and watch repair shops. (4) Restaurants and Coffee Shops: dine-in, carry-out and drive-through. (5) Outdoor seating areas may be permitted as part of the site plan approval process. (6) Bars, cocktail lounges, taverns, or saloons. Outdoor seating areas may be permitted as part of the site plan approval process. 8 (7) Convenience stores, gas stations, car washes, automobile repair and service businesses, excluding body repair and painting. (8) Places of assembly such as churches, other places of worship, public and private schools, civic uses, and fraternal lodges. (9) Child care centers and nursery schools. (10) Commercial swimming pools, skating rinks, golf driving ranges, miniature golf courses, drive-in theaters, and similar recreational uses and facilities. (11) Animal hospitals and veterinaries. B. Office uses such as: (1) Medical clinics, group medical centers, or the office of a doctor, dentist, osteopath, or similar profession. (2) Business and professional offices including the following: law, engineering, real estate, insurance, banks, financial services, and similar uses. C. Consumer fireworks sales. 2. Permitted Accessory Uses. A. Private garage or carport. B. Accessory uses and structures customarily incidental to any principal permitted use. C. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 165.19. Lot Area No minimum requirement Lot Width No minimum requirement Front Yard No minimum for principal permitted uses. 20 feet minimum for accessory structures Side Yards No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Rear Yard No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building Separation 25 feet Accessory Building Separation 25 feet between principal building and accessory building Maximum Height Principal building – 8 stories Accessory building – 1 story Floor Area Ratio 0.35 4. Off-Street Parking and Loading. One space per 250 square feet of retail and office uses. Spaces for all other uses shall be provided in accordance with the provisions of Chapter 168 of these zoning regulations. 9 5. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 20 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structure, or buildings, except ornamental structures included as part of the landscaping theme. 6. Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the adopted Kettlestone Design Guidelines. Section 6. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use under Section 169.26, K-OF Kettlestone Office District, so that Section 169.26 reads as follows: 169.26 K-OF KETTLESTONE OFFICE DISTRICT. The K-OF District is intended and designed to provide certain areas of the Kettlestone development with professional office uses consisting of single or multi-tenant buildings that are one or more stories tall. Sites should be well landscaped and buildings should have a high level of exterior finish to promote a professional image. The K-OF zoning designation is reserved for those properties located within the adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines document identifying areas for residential, commercial, office and mixed uses. 1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the K-OF District. A. Office uses such as: (1) Business and professional offices including the following: law, engineering, real estate, insurance, accounting, bookkeeping, finance, banking (including retail banks with drive- throughs), stock brokerage, and uses of a like or similar nature. (2) The office of a doctor, dentist, osteopath, chiropractor, optometrist, chiropodist, or similar profession. (3) Clinics or group medical centers, including dental clinics, but not including animal clinics or animal hospitals. (4) Hospitals, libraries, funeral homes, and mortuaries. (5) Office buildings serving the management, research, design, marketing and production needs of the general business community. B. The low-intensity commercial service uses, intended primarily to serve the occupants and patrons of the Kettlestone Office District, shall be permitted within a building, housing a use permitted above: (1) Office supply stores. (2) Computer and electronic equipment sales and service stores. (3) Drug stores. (4) Gift shops. (5) Restaurants and coffee shops (not including drive-through restaurants and coffee shops). (6) Travel agencies. C. Places of assembly such as churches, other places of worship, public and private schools, civic uses, and fraternal lodges. D. Consumer fireworks sales. 2. Permitted Accessory Uses. A. Private garage or carport. B. Accessory uses and structures customarily incidental to any principal permitted use. C. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 10 3. Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 165.19. Lot Area No minimum requirement Lot Width No minimum requirement Front Yard No minimum for principal permitted uses. 20 feet minimum for accessory structures Side Yards No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Rear Yard No minimum for principal permitted uses unless adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building Separation 25 feet Accessory Building Separation 25 feet between principal building and accessory building Minimum Height Principal building under 15,000 square feet – 1 story Principal building over 15,000 square feet – 2 stories Maximum Height Principal building – 8 stories Accessory building – 1 story Floor Area Ratio 0.35 4. Off-Street Parking and Loading. One space per 250 square feet of retail and office uses. Spaces for all other uses shall be provided in accordance with the provisions of Chapter 168 of these zoning regulations. 5. Minimum Open Space. The total land area devoted to open space and landscaping shall not be less than 25 percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structure, or buildings, except ornamental structures included as part of the landscaping theme. 6. Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the adopted Kettlestone Design Guidelines. Section 7. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. 11 Section 9. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 3rd day of April, 2023, and approved this 3rd day of April, 2023. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk