HomeMy WebLinkAbout2024-07-15 H01 Chapter 165, 169_Zoning Regulations_INTRO, 1ST READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 15, 2024
AGENDA ITEM: Consideration of approval on an Ordinance to amend Chapter 165,
Zoning Regulations, Definitions and General Regulations, by amending
Section 165.02, Definitions, and to amend Chapter 169, Zoning
Regulations, District Regulations by amending Section 169.07, R-1
Single-Family Residential District [introduction; first reading]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Staff would recommend approval of the 1st Consideration
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 165, ZONING REGULATIONS,
DEFINITIONS, AND TO AMEND CHAPTER 169, ZONING REGULATIONS,
DISTRICT REGULATIONS, WAUKEE, IOWA
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 165, Waukee Municipal Code, Zoning Regulations, Definitions, is
hereby amending Section 165.02:
165.02 DEFINITIONS.
For the purpose of these zoning regulations, certain terms and words are hereby defined. The
words “used” and “occupied” include the words “intended, designed, or arranged to be used or
occupied,” and the word “lot” includes the words “plot or parcel.”
1. “Accessory use or structure” means a use or structure subordinate to the principal use of
another building on the lot or site with, and serving a purpose customarily incidental to, the use
of the principal building.
2. “Administrative official” means the City official or his or her designee appointed by the
Council to administer these zoning regulations. Administrative official and Zoning Administrator
shall mean the same thing.
3. “Adult,” as used in these zoning regulations, refers to a person who has attained the age of 18
years.
4. “Adult entertainment business” means a place or business that displays, or otherwise offers to
its visitors or patrons specified sexual activities or specified anatomical areas and includes any of
the following:
A. “Adult book store” means an establishment or business having a substantial part of its
stock in trade, books, magazines, photographs, pictures, videos, and other periodicals that are
distinguished or characterized by their emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas, as defined herein.
B. “Adult motel” means a motel wherein material is presented which is distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or specified
anatomical areas.
C. “Adult motion picture arcade” means any place to which the public is permitted or invited
wherein coin or slug operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors, or other image producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on matter depicting or describing specified
sexual activities or specified anatomical areas.
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D. “Adult motion picture theater” means an enclosed building used for presenting material
distinguished or characterized by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas for observation by patrons therein.
E. “Adult nightclub” means any club, cabaret, nightclub, bar, restaurant or similar
establishment where an enclosed building or open air facility is used for live performances which
are characterized by the exposure of specified sexual activities or specified anatomical areas, as
defined herein.
F. “Sexual encounter center” means a place provided by any business, agency or person
where, for any form of consideration or gratuity, persons who are not all members of the same
household, may congregate, assemble or associate for the purpose of engaging in specified
sexual activities or exposing specified anatomical areas, as defined herein.
G. “Specified anatomical areas” includes the following: human genitals, pubic region,
buttocks, and female breasts below a point immediately above the top of the areola.
H. “Specified sexual activities” means any sexual contact, actual or simulated, either natural
or deviate, between two or more persons, or between a person and an animal, by penetration of
the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or
anus, or by contact between a finger of one person and the genitalia of another person or by use
of artificial sexual organs or substitute therefor in contact with the genitalia or anus.
I. “Substantial” means more than 25 percent of the book, magazine, film or video tape
inventory is distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
(Subsection 4 – Ord. 3089 – Aug. 23 Supp.)
5. “Agriculture” means the use of land for purposes of growing the usual farm products,
including vegetables, fruit, trees and grains; pasturage; dairying; animal and poultry husbandry;
and the necessary accessory uses for treating or storing the produce, provided that the operation
of such accessory uses is secondary to that of the regular agricultural activities.
6. “Alley” means a public way, other than a street, 20 feet or less in width affording secondary
means of access to abutting property.
7. “Assisted living residential facility” means a building consisting of individual dwelling units
where means and assistance for daily living activities are provided for residents, who are
primarily elderly persons. Such facility must be licensed as a residential care facility or skilled
nursing facility under Chapter 135C of the Code of Iowa.
8. “Automobile wrecking” means the dismantling or wrecking of motor vehicles or trailers, or
the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on
any lot, parcel or tract of land, of three or more vehicles that, for a period exceeding 30 days,
have not been capable of operating under their own power, and from which parts have been
removed or are to be removed for reuse, salvage, or sale, shall constitute prima facie evidence of
an automobile wrecking yard.
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9. “Balcony” means a platform that projects from the wall of a building and is surrounded by a
railing or balustrade. A balcony can be covered or uncovered and enclosed or unenclosed.
10. “Barrier” means a permanent fence, wall, building, or combination thereof that completely
surrounds a pool or spa and obstructs access to the pool or spa that cannot be removed, lifted, or
relocated without the use of a tool. A listed and labeled ASTM F 1346 safety cover can serve as
the required barrier for a hot tub/spa in lieu of a fence or wall.
11. “Basement” means a story having part, but not more than one-half of its height below grade.
A basement is counted as a story for the purpose of height regulation.
12. “Bed and breakfast home” means a private single-family residence that provides lodging
and meals for guests, in which the host and/or hostess resides and in which no more than three
guest families are lodged at the same time; and which, while it may advertise and accept
reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not
require reservations, and serves food only to overnight guests.
13. “Board” means the Board of Adjustment of the City.
14. “Boarding house” means a building other than a hotel or motel where, for compensation,
meals, or lodging and meals are provided for four or more persons.
15. “Buffer zone” means an area of land used to visibly separate one use from another or to
shield or block noise, lights, or other nuisances.
16. “Building” means any structure designed or intended for the support, enclosure, shelter or
protection of persons, animals or property, but not including signs or billboards.
17. “Building, height of” means the vertical distance from the average finished grade at the
building line to the highest point of the coping of a flat roof, or to the deck line of a mansard
roof, or to the average height of the highest gable of a pitch or hip roof. (See Section 165.20 of
these zoning regulations for illustrations.)
18. “Building line” means the outer boundary of a building established by the location of its
exterior walls or any projections other than steps, unenclosed balconies, or unenclosed porches.
19. “Building, temporary” means a building that is not permanently affixed to the property, and
is permitted to exist for a specific reason for no more than two years.
20. “Bulk stations” means distributing stations, commonly known as bulk or tank stations, used
for the storage and distribution of flammable liquids or liquefied petroleum products, where the
aggregate capacity of all storage tanks is more than 12,000 gallons.
21. “Brewpub” means a restaurant that brews ales, beers and similar beverages on site for either
consumption on premises or offsite in hand capped or sealed containers in quantities up to one-
half barrel or 15.5 gallons sold directly to the consumer.
22. “Café” means an informal establishment engaged in the preparation of food and beverages
for consumption on premises that may or may not have an outdoor seating area.
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23. “Carport” means a roofed structure providing space for the parking of motor vehicles and
enclosed on not more than two sides. For the purpose of these zoning regulations, a carport
attached to a principal building is considered as part of the principal building and subject to all
yard requirements of these zoning regulations.
24. “Cellar” means that portion of a building having more than one-half of its height below
grade. A cellar is not included in computing the number of stories for the purpose of height
measurement.
25. “Clinic, medical or dental” means a building or buildings in which physicians, dentists, or
physicians and dentists, and allied professionals are associated for the purpose of carrying on
their profession.
26. “Commission” means the Planning and Zoning Commission of the City.
27. “Consumer fireworks” means first-class consumer fireworks and second-class consumer
fireworks as set forth under Chapter 100 of the Code of Iowa.
28. “Consumer fireworks sales” means an establishment used for the retail display and sale of
consumer fireworks. For the purposes of the Zoning Ordinance, a retail operation in which less
than 50 percent of the retail floor space is devoted to the sale or display of second-class
consumer fireworks shall not be considered a consumer fireworks sales use.
29. “Convenience store” means an establishment for retail sale of petroleum products and other
supplies for motor vehicles, as well as for the retail sale of a variety of other items typically sold
in grocery stores but not including the repair or sale of vehicles.
30. “Day nursery” or “nursery school” means any private or public agency, institution,
establishment, or place that provides supplemental parental care and/or educational work, other
than lodging overnight, for six or more unrelated children of the owners or operators, of
preschool age, for compensation.
31. “Display fireworks sales” means an establishment used for the manufacturing, storage or
distribution of any firework classified as a 1.3G Firework by the American Pyrotechnics
Association.
32. “Distillery” means a place where alcoholic beverages (whiskey, vodka, gin, etc.) are
produced typically in small quantities.
33. “District” means a section or sections of the City within which the regulations governing the
use of buildings and premises or the height and area of buildings and premises are uniform.
34. “Driveway” means a permanently surfaced area providing vehicular access between a street
and an off-street parking or loading area.
35. “Dwelling” means any stationary, permanent building, or portion thereof, which is designed
or used exclusively for residential purposes, but not including a tent, cabin, trailer or mobile
home.
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36. “Dwelling, condominium” means a multiple dwelling as defined herein whereby the title to
each dwelling unit is held in separate ownership, and the real estate on which the units are
located is held in common ownership solely by the owners of the units with each owner having
an undivided interest in the common real estate.
37. “Dwelling, multiple” means a residence designed for or occupied by three or more families,
with separate housekeeping, bathroom, and cooking facilities for each.
38. “Dwelling, row” means any one of three or more attached dwellings in a continuous row,
each such dwelling designed and erected as a unit on a separate lot and separated from one
another by an approved wall or walls, and is also referred to as a “townhouse.”
39. “Dwelling, single-family” means a detached residence designed for or occupied by one
family only.
40. “Dwelling, single-family, split foyer” means a dwelling in which living space is on two
levels with a foyer between the two levels.
41. “Dwelling, single-family, split level” means a dwelling having living space on three or
more levels, no part of which is more than two stories in height, and in which each successive
level is less than a full story higher than the next.
42. “Dwelling, townhouse” means a dwelling unit which is detached or attached horizontally,
and not vertically, to one or more other dwelling units, wherein the land or lot beneath each
dwelling, may be individually owned by the owner of the dwelling. A townhouse subdivision
shall have common elements, which are specified in or determined under the rules and
regulations set forth by recorded covenants. Covenants for townhouse subdivision shall establish
the guidelines for maintenance of common elements and permit free movement through common
areas by member of the homeowners association to assure access to the structural exterior of
each townhouse unit by the individual owner.
43. “Dwelling, two-family” means a residence designed for or occupied by two families only,
with separate housekeeping, bathroom, and cooking facilities for each.
44. “Dwelling unit” means a room or group of rooms arranged, designed, or used as living
quarters for the occupancy of one family and containing bathroom and kitchen facilities.
45. “Family” means a person living alone or in a group living as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking and eating facilities up to a
maximum occupant dwelling load as provided in Chapter 169 of this title. For the purposes of
this definition, anyone who spends more than 90 nights within a 12 month period will be counted
as an occupant. The definition of family does not include and is not intended to provide an
exclusion for any of the following:
More than eight people who are:
(1) Residents of a “family home” as defined in section 414.22 of the Code of Iowa;” or
(2) “Handicap” as defined in the Fair Housing Act, 42 USC Section 3602(h).
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Any group of individuals who are in a group living arrangement as a result of criminal offenses;
Any group of individuals whose association is temporary, seasonal in nature or limited to the
duration of an educational school year cycle;
Any society, club, fraternity, sorority, association, lodge or like organization.
46. “Feed lot” means any parcel of land or premises on which the principal use is the
concentrated feeding within a confined area of livestock. Livestock includes cattle, horses, sheep,
swine, poultry, goats, rabbits, and any other animals or fowl that are being produced primarily
for use as food or food products for human consumption, or for laboratory or testing purposes.
The feed lot does not include areas that are used for the raising of crops or other vegetation, and
upon which livestock are allowed to graze or feed.
47. “Fences, walls and hedges” means decorative and/or enclosing devices used along boundary
lines of lots. Fences, walls, and hedges may be constructed up to the lot line in accordance with
the height rules set out in these zoning regulations.
48. “Garage, private” means an accessory building or an accessory portion of the main building,
designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of
the principal building. A private garage, of less than four-car capacity, may be rented for the
private vehicles of persons not resident on the premises.
49. “Garage, public” means a structure, other than a private garage, used for the shelter or
storage of motor powered vehicles and in which the care, minor servicing, and washing are
accessory to the principal use.
50. “Grade” means the average elevation of the finished ground at the exterior walls of
structures.
51. “Home occupation” means a business, profession, occupation, or trade conducted for gain
or support entirely within a residential building, or a structure accessory thereto, which is
incidental and secondary to the use of such building for dwelling purposes and which does not
change the essential residential character of such building.
52. “Hot tub/Spa” means a product that is intended for the immersion of persons in a
temperature-controlled water circulated in a closed system, not intended to be filled or drained
with each use.
53. “Hotel/motel” means a building or buildings in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in contradistinction to a boarding
house or rooming house.
54. “Junk” means old and dilapidated automobiles, trucks, tractors, and other such vehicles and
parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, used building material,
scrap contractors’ equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old
iron, machinery, rags, paper, excelsior, hair, mattresses, beds, or bedding or any other kind of
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scrap or waste material which is stored, kept, handled, or displayed for barter, resale, reuse,
salvage, stripping, or trade.
55. “Junkyard” means any area where junk is bought, sold, exchanged, baled or packed,
disassembled or handled, including house wrecking yards, used lumber yards and places or yards
for storage of salvaged house wrecking or structural steel materials and equipment; but not
including areas where such uses are conducted entirely within a completely enclosed building,
and not including the processing of used, discarded or salvaged materials necessary as a part of
manufacturing operations. The presence on any property of four or more motor vehicles (as
defined by Section 321.1 of the Code of Iowa) without current registration which for a period
exceeding 30 days have not been capable of operating under their own power, and/or from which
parts have been removed for re-use, salvage, or sale, shall constitute prima facie evidence of a
junk yard.
56. “Interior self-storage” means a building containing varying sizes of individualized
compartmentalized, and controlled stalls or lockers for the storage of customers’ goods or wares,
excluding explosive or flammable materials, and other noxious or dangerous materials, which
shall only be accessed from the interior of the building with not individual unit doors being
visible from adjoining properties.
57. “Kennel” means the keeping of any dogs, cats, or other household pets of mammal group
regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal
hospital, veterinary clinic, or pet shop, as may be permitted by law, or the keeping of more than
one dog or cat on vacant property or on property used for business or commercial purposes, shall
constitute a kennel. The keeping of not more than three dogs and three cats in a residential
district shall not be deemed to be a kennel, unless kept for sale, breeding, boarding or treatment
purposes. Any person keeping more than three dogs and three cats in a residential district on the
effective date hereof (September 10, 2001), licensed as required by ordinance, may continue to
keep such dogs or cats during the pet’s lifetime.
58. “Living space” means that part of the building which is enclosed and supported upon the
main foundation system of the structure excluding garage and cellar.
59. “Lodging or rooming house” means a building where a room or rooms are provided for
compensation for four or more persons.
60. “Lot,” for the purpose of these zoning regulations, is a parcel of land of at least sufficient
size to meet minimum zoning requirements for use, coverage, and area, and to provide such
yards and other open spaces as are herein required. Such lot shall have frontage on an improved
public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of
record, or of portions of lots of record; or
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D. A parcel of land described by metes and bounds; provided, that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirements of
these zoning regulations.
61. “Lot, corner” means a lot abutting upon two or more streets at their intersection.
62. “Lot, depth” means the mean horizontal distance between the front and rear lot lines.
63. “Lot, double frontage” means a lot having a frontage on two nonintersecting streets, as
distinguished from a corner lot.
64. “Lot, interior” means a lot other than a corner lot.
65. “Lot lines” means the lines bounding a lot, including the right-of-way line of any public
road, highway, or alley acquired by easement.
66. “Lot of record” means a lot that is part of a subdivision, or a plat of survey, the deed of
which is recorded in the office of the County Recorder of Dallas County, or a lot or parcel
described by metes and bounds, the description of which has been so recorded.
67. “Lot, reversed frontage” means a corner lot, the side street line of which is substantially a
continuation of the front lot line of the first platted lot to its rear. (See Section 165.20 of these
zoning regulations for illustrations of lot types.)
68. “Lot width” means the width of a lot measured at the building line and at right angles to its
depth.
69. “Manufactured home” means a factory-built, single-family structure, which is manufactured
or constructed under the authority of 42 USC Section 5403, Federal Manufactured Home
Construction and Safety Standards, and is to be used as a place for human habitation, but which
is not constructed with a permanent hitch or other device allowing it to be moved other than for
the purpose of moving to a permanent site, and which does not have permanently attached to its
body or frame any wheels or axles. A mobile home is not a manufactured home. For the purpose
of these zoning regulations, “manufactured home” shall be considered the same as any site built
single-family detached dwelling.
70. “Massage” means any method of treating the external parts of the human body by rubbing,
stroking, kneading, tapping or vibrating with the hand, other parts of the body, or any instrument,
for any consideration or gratuity.
(Ord. 3089 – Aug. 23 Supp.)
71. “Massage establishment” means any establishment having a fixed place of business where
massages are administered for any form or consideration or gratuity, including, but not limited
to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be
construed to include an establishment employing: (i) persons licensed by the State of Iowa under
the provisions of Chapter 148, 148A, 148B, 151, 152, 157 or 158 of the Code of Iowa, when
performing massage services as a part of the profession or trade for which licensed; (ii) persons
performing massage therapy or massage services under the direction of a person licensed as
described in (i) above; (iii) persons performing massage therapy or massage services upon a
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person pursuant to the written instruction or order of a licensed physician; (iv) nurses, aides,
technicians and attendants at any hospital or health care facility licensed pursuant to Chapter
135B, 135C or 145A of the Code of Iowa, in the course of their employment and under the
supervision of the administrator thereof or of a person licensed as described in (i) above; (v) an
athletic coach or trainer in any accredited public or private secondary school, junior college,
college or university, or employed by a professional or semi-professional athletic team or
organization, in the course of his or her employment as such coach or trainer. This definition
shall not be construed to include a volunteer fire department, a volunteer rescue squad or a
nonprofit organization operating a community center, swimming pool, tennis court, or other
educational, cultural, or recreational and athletic facilities, and facilities for the welfare of the
residents of the area.
(Ord. 3089 – Aug. 23 Supp.)
72. “Mini warehouse” means a building or group of buildings not more than one story and 20
feet in height and not having any other dimension greater than 150 feet per building, containing
varying sizes of individualized, compartmentalized, and controlled stalls or lockers for the dead
storage of customers’ goods or wares, excluding junk, explosive or flammable materials, and
other noxious or dangerous materials, including if any, caretaker’s or supervisor’s quarters as an
accessory use. No business activities other than rental of storage units shall be conducted on the
premises.
73. “Mobile home” means any vehicle without motive power used or so manufactured or
constructed as to permit its being used as a conveyance upon the public streets or highways and
so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for
human habitation by one or more persons; but also includes any such vehicle with motive power
not registered as a motor vehicle in Iowa. A mobile home is factory-built housing built on a
chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational
vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations
applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are
removed and regardless of the nature of the foundation provided. Nothing in these zoning
regulations shall be construed as permitting a mobile home in other than an approved mobile
home park.
74. “Mobile home park” means any lot or portion of a lot upon which one or more trailers or
mobile homes, occupied for dwelling or sleeping purposes, are located regardless of whether or
not a charge is made for such accommodation. (See Section 165.20 of these zoning regulations
for illustration of mobile home park setback lines.)
75. “Modular home” means factory-built housing certified as meeting the State Building Code
and federal requirements applicable to modular housing. Once certified, modular homes shall be
subject to the same standards as site built homes.
76. “Motel motor lodge” means a building or a group of attached or detached buildings
containing individual sleeping or living units for overnight tourists, with garage attached or
parking facilities conveniently located to each such unit.
77. “Nonconforming use” means use of a building or of land that does not conform to the
regulations as to use for the district in which it is situated.
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78. “Nonprofit institution” means a nonprofit establishment maintained and operated by a
society, corporation, individual, foundation or public agency for the purpose of providing
charitable, social, educational, or similar services to the public, groups, or individuals.
Cooperative nonprofit associations, performing a service normally associated with retail sales or
trade such as cooperative groceries, granaries, equipment sales, etc., are not considered nonprofit
institutions under these zoning regulations.
79. “Nursing or convalescent home” means a building or structure having accommodations and
where care is provided for three or more invalid, infirmed, aged, convalescent, or physically or
mentally disabled or injured persons.
80. “Parabolic or dish type antenna” means a concave, circular or dish-shaped device designed
for receiving communications or television signals from a satellite.
81. “Parking space, off-street” means a permanently surfaced area of not less than 171 square
feet (9' x 19') plus necessary maneuvering space for the parking of a motor vehicle. Space for
maneuvering, incidental to parking or leaving the parking space, shall not encroach upon any
public right-of-way. (See Section 165.20 of these zoning regulations for parking illustration.)
82. “Porch, unenclosed” means a roofed projection which has no more than 50 percent of each
outside wall area permanently enclosed by a building or siding material other than meshed
screens.
83. “Principal building” means any structure designed and used (or intended to be used) for one
of the principal permitted uses listed in each of the zoning districts as set out in these zoning
regulations.
84. “Principal use” means the main use of land or structures as distinguished from an accessory
use.
85. Public Swimming Pool” means a pool other than a residential swimming pool that is
intended to be used for swimming or bathing and is operated by an owner, lessee, operator,
licensee or concessionaire, regardless of whether a fee is charged for use.
86 “Residential Swimming Pool” means a pool that is intended for use that is accessory to a
residential dwelling and is available only to the household and its guests.
87. “Restaurant” means an establishment that is principally engaged in the preparation and
retail sale of food and beverages, including the sale of alcoholic beverages when conducted as a
secondary feature of the use, producing less than 50 percent of the establishment’s gross income.
88. “Rooming house” means a building where a room or rooms are provided for compensation
to four or more persons.
89. “Story” means that portion of a building included between the surface of any floor and the
surface of the floor next above it. If there is no floor above it, then the space between such floor
and the ceiling or roof next above it is considered a story.
90. “Story, half” means a space under a sloping roof which has the line of intersection of roof
decking and exterior wall face not more than four feet above the top floor level.
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91. “Street line” means the right-of-way line of a street, alley, or road.
92. “Street or road, private” means any private right-of-way 20 feet or more in width which is
approved by the Council after recommendation by the Commission.
93. “Street or road, public” means any thoroughfare or public way not less than 20 feet in
width, which has been dedicated to the public or deeded to or acquired by the City or County for
street purposes; and also, any such public way as may be created after enactment of these zoning
regulations, provided it is 50 feet or more in width.
94. “Structural alterations” means any replacement or change in the type of construction or in
the shape or size of a building or of the supporting members of a building or structure such as
bearing walls, columns, beams, arches, girders, floor joists, or roof trusses, beyond ordinary
repairs and maintenance.
95. “Structure” means anything constructed or erected with a rigid or fixed location on the
ground, or attached to something having a fixed location on the ground. Among other things,
structures include buildings, walls, fences (more than six feet in height), billboards, solar
collectors, and dish antennas.
96. “Travel trailer” means a recreational vehicle, with or without motive power, designed as a
temporary dwelling, not exceeding eight feet in width and 40 feet in length, exclusive of separate
towing unit. The term “travel trailer” includes pickup coach, motor home, camp trailer, tent
trailer, or other similar mobile and temporary dwellings commonly used for travel, recreation, or
vacation quarters.
97. “Travel trailer park” means a parcel of land upon which two or more spaces are provided,
occupied or intended for occupancy by travel trailers for transient purposes.
98. “Vehicle, antique” means a motor vehicle 25 years old or older, as provided and regulated
by Section 321.115 of the Code of Iowa.
99. “Vehicle, inoperable” means any motor vehicle that lacks current registration or two or
more wheels or other component parts the absence of which renders the vehicle unfit for legal
use on streets.
100. “Vehicle, motor” means a self-propelled device used for transportation of people or goods
over land surfaces and licensed as a motor vehicle.
101. “Yard” means an open space on the same lot with a building or structure unoccupied and
unobstructed by any portion of a structure from 36 inches above the general ground level of the
graded lot upward, except as may be provided by other sections of these zoning regulations. In
measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear
yard, the least distance between the lot line and the main building shall be used. In measuring a
yard for the purpose of determining the width of a side yard, the least distance between the lot
line and the nearest permitted building shall be used, except that in no case shall any eaves or
overhang (or any other projection) extend into the said front, side, or rear yard by more than 24
inches. If eaves or overhangs exceed 24 inches, then the building shall be set back into the
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permissible building area as necessary to eliminate any eaves or overhangs from extending more
than 24 inches.
102. “Yard, front” means a yard extending across the full width of the lot and measured
between the front lot line and the front of the building other than the projection of the usual steps
or unenclosed porches. The narrow frontage on a corner lot is considered the front lot line
regardless of where the building entrance is located. See the definition of “yard” for eaves or
overhang limitations.
103. “Yard, rear” means a yard extending across the full width of the lot and measured between
the rear lot line and the building other than steps, unenclosed balconies or unenclosed porches.
An unenclosed balcony or porch is one in which 50 percent or less of the side walls of said
balcony or porch are enclosed by screen, glass, or other material and includes a deck. On both
corner lots and interior lots, the rear yard is the opposite end of the lot from the front. See
definition of “yard” for eaves and overhang limitations.
104. “Yard, side” means a yard extending from the front yard to the rear yard and measured
between the side lot lines and the building. See definition of “yard” for eaves or overhang
limitations.
Section 2. Chapter 169, Waukee Municipal Code, Zoning Regulations, District
Regulations, is hereby amending Section 169.07 (F):
169.07 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
F. Residential swimming pools or any enclosure designed for wading or swimming which shall
be deemed to be a swimming pool, if it can hold 24 inches depth of water, shall be enclosed with
a fence of at least 48-inches in height. A hot tub/spa, when provided with a lockable cover
complying with ASTM F 1346, shall be exempt from the fence requirement.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. 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.
Section 5. 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 15th day of July, 2024, and approved this 15th day of July, 2024.
13
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk