HomeMy WebLinkAbout2021-02-16-G03 Interior Storage Uses Ordinance_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 16, 2021
AGENDA ITEM: Public hearing on an ordinance to amend Chapter 160 Site and Building
Development Standards, Chapter 165, Zoning Regulations, Definitions
and General Regulations and Chapter 169 Zoning Regulations, District
Regulations by incorporating regulations for interior storage uses
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: At both the December 2020 and January 2021
City Council workshops, staff presented a proposal to add provisions that
would allow for the development of commercial structures that would
have a primary use as storage. The proposed ordinance changes would
allow for “interior storage” as a principal permitted use within the C-1
Community and Highway Commercial Zoning District.
The proposed ordinance changes also provide for a set of minimum
design criteria for this specific use including building design, the
provision for retail storefront on a portion of the first floor of a building
as well as setback requirements from major arterial corridors.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the proposed ordinance change at their
meeting on February 9, 2021 and recommended approval:
Approval of an Ordinance to amend Chapter 160: Site and Building Development
Standards, Chapter 165: Zoning Regulations, Definitions and General Regulations,
and Chapter 169: Zoning Regulations District Regulations by incorporating
regulations for interior storage uses
Director of Development, Brad Deets, introduced the request from staff to approve an
ordinance to amend chapters 160, 165, and 169 of the Waukee Municipal Code to
incorporate regulations related to interior storage uses within the Commercial C-1
District.
Mr. Deets advised that the intended type of project would be commercial in look, but
contain internal storage units with interior access only. Staff was approached by a
developer looking to bring this type of product to the City and the City Council has
indicated interest in pursuing the inclusion of interior storage uses. The new ordinance
would add a definition of what internal storage uses are as well as provide specific design
standards for the use including provisions for loading/unloading areas and the
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architectural design. The ordinance also requires a portion of the first floor of the
building be used for retail space, and advises that the use would need to maintain a
minimum of 400 feet back from any identified interstate, highway, or major/minor
arterial road.
Mr. Deets advised that this proposed use and the ordinance regarding it makes use of the
back side of large commercial parcels while still protecting the surrounding
neighborhoods and presents a project that mirrors the surrounding building aesthetic.
Commercial Broderick questioned if the retail requirement was the entire first
floor. Mr. Deets advised that it was a 50% requirement.
Commissioner Koshy questioned if the ordinance addressed interior and exterior
options. Mr. Deets advised that “combo” storage would still be maintained in the
M-1 light industrial district. Advising that only interior storage uses would be
allowed into the commercial district. Commissioner Koshy also asked for
clarification of the term “Junk” as it listed a lot of items that might be found in a
storage unit. Mr. Deets advised that the terminology came from the property
maintenance code and that a friendly amendment would be added for clarity
regarding the property maintenance portion of the code.
Commissioner Broderick moved to approve an Ordinance to amend Chapter 160: Site
and Building Development Standards, Chapter 165: Zoning Regulations, Definitions and
General Regulations, and Chapter 169: Zoning Regulations District Regulations by
incorporating regulations for interior storage uses subject to any remaining staff
comments. Commissioner Streit seconded the motion. Ayes: Streit, Koshy, Broderick,
Ward, and Hoifeldt. Nays: None. Motion Carries.
STAFF REVIEW AND COMMENT: Staff believes that the proposed language related to
interior storage is consistent with other uses within the C-1 zoning
district and that the additional design considerations will create
consistency and cohesiveness with other surrounding commercial uses.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS: I. Chapter 160 (redline changes)
II. Chapter 165 (redline changes)
III. Chapter 169 (redline changes)
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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CHAPTER 160
SITE AND BUILDING DEVELOPMENT STANDARDS
160.01 Purpose and Scope 160.05 Lighting Standards – Definitions
160.02 Jurisdiction 160.06 Lighting Standards – Design Guidelines
160.03 Procedures 160.07 Site and Building Design Standards
160.04 Site Plan Requirements
160.01 PURPOSE AND SCOPE. This chapter provides for the administration and
enforcement of site plans by establishing minimum standards for site and building design.
The purpose of this chapter is to provide guidance and standards for development within the City
in order to guide development in a manner which is conducive to protecting the health, safety,
and general welfare of residents and property owners within the City. All development and
redevelopment of land or property within the City shall minimize the adverse effects placed upon
adjacent properties by maintaining or improving upon the aesthetic quality of the surrounding
area, and by providing adequate traffic safety, emergency access, water supply, sewage disposal,
management of storm water, erosion and sediment control. Site plan review and approval by City
Council shall be required of all principal structures other than individual single-family and
two-family residential dwellings in any zoning district.
160.02 JURISDICTION. No permit shall be issued for any lot or development requiring
the approval of a site plan except in conformity with this chapter. No development, except
where specified herein, may be created, substantially improved, converted, enlarged, or
otherwise altered without conforming to the provisions of this chapter, all applicable
provisions of the Code of Iowa, as amended, and all other applicable provisions of this Code
of Ordinances, as amended.
160.03 PROCEDURES. The property owner, developer, or other representing party on
behalf of a property owner interested in the development of land within the City shall adhere
to the procedures identified in this chapter, in accordance with all other applicable sections of
this Code of Ordinances.
1. Pre-Application Conference. It is recommended that prior to the submission
of any site plan application a meeting be scheduled with the administrative official
and other appropriate City department representatives. The purpose of this conference
shall be to discuss the feasibility of the proposal and to provide the owner with
information and guidance regarding applicable City ordinances, specifications,
standards, and procedures, before the owner enters into binding commitments or
incurs substantial expenses. In addition, the administrative official will identify a
development review schedule best suited to accommodate the applicant’s time
schedule and the City’s ability to effectively review the proposal.
2. Development Review. In order to properly review a site plan proposal, the
applicant shall provide the City with information determined to be applicable to the
project by the administrative official. Once the proposal has provided all of the
necessary information meeting the requirements of all applicable City ordinances, the
proposal shall be brought before the Planning and Zoning Commission in order to
receive a recommendation before being presented to the City Council. Action of the
Planning and Zoning Commission and City Council shall be approval, approval
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subject to conditions, denial, or table for further review. Action of the Council shall
be approval, denial, or table for further review. A site plan may be presented for
consideration by the City Council in the event of a recommendation of denial by t he
Planning and Zoning Commission. In the event of denial of a site plan by the City
Council, the applicant would be required to resubmit and begin the review process
anew to have another proposal considered by the Planning and Zoning Commission
and City Council. Re-submittal of a site plan shall be subject to all applicable costs
associated with review of the documentation. Development review shall exist as a
measurement determined by the City to meet the objectives outlined by the Waukee
Comprehensive Plan.
3. Validity of Approval. A site plan shall become effective upon certification of
approval by the City Council. The City Council approval of any site plan required by
this chapter shall remain valid for one year, allowing one one-year extension with
approval of City Council upon recommendation of the Commission after the date of
approval, after which time the site plan shall be deemed null and void if the
development has not been established or actual construction commenced. For the
purpose of this chapter, “actual construction” means that the permanent placement of
construction materials has started and is proceeding without undue delay. Preparation
of plans, securing financial arrangements, issuance of building permits, letting of
contracts, grading of property, or stockpiling of materials on the site do not constitute
actual construction. At the time of site plan approval, the City Council may grant an
exemption on the time construction must begin after their approval is given for a
utility service structure.
4. Amendment. Any site plan may be amended in accordance with the standards
and procedures established herein, including payment of fees, provided that the
administrative official may waive such procedures for those minor changes hereinafter
listed. Such minor changes shall not be made unless the prior written approval for
such changes is obtained from the administrative official. No fees shall be required
for such minor changes. Minor changes include: (i) moving building walls within the
confines of the smallest rectangle that would have enclosed each original approved
building; (ii) relocation of building entrances or exits and shortening of building
canopies; (iii) changing to a more restrictive commercial or industrial use, provided
the number of off-street parking spaces meets the requirement of the Waukee zoning
ordinance (this does not apply to residential uses); (iv) changing angle of parking or
aisle, provided there is no reduction in the amount of off-street parking as originally
approved; (v) substituting plant species, provided a landscape architect, engineer or
architect certifies the substituted species is similar in nature and screening effect.
5. Existing Development. Any improvement or maintenance to any structure or
site feature must not cause the site or building to become non-compliant with the
regulations set forth in this chapter. If the site or building is already non-compliant,
the change to the building or site proposed by the owner must not cause them to
become more non-compliant. In such instances, improvements shall be completed in a
manner which makes the building, site, or related items more compliant with the
current provisions of this chapter than they were previous to the improvements. Any
improvement proposed to modify the size of a building, lot, parking area, etc. shall be
submitted for review by the City. If the proposed improvement modifies the size of a
building or lot by less than 25 percent, it shall be submitted for review by City staff
and approved or disapproved by City staff. The administrative official shall have the
authority to require such a project be reviewed by the Planning and Zoning
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Commission and City Council if they feel such review is warranted. If the proposed
change is in excess of 25 percent, it shall be submitted for full review and approval or
disapproval by the Planning and Zoning Commission and City Council.
6. Nonconforming Uses. Any site or building use permitted under a previous
zoning district’s regulation shall conform to the regulations of this chapter under the
current site and building design provisions determined to be most applicable to the
nonconforming use by the administrative official.
7. Violation and Penalty. Any person, firm, partnership, association or
corporation violating any of the provisions of this chapter shall be guilty of a
misdemeanor. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be required to correct or
remedy such violation or defects within a reasonable time; and when not otherwise
specified, each 30 days that prohibitive conditions are maintained shall constitute a
separate offense. In addition, the City of Waukee may proceed in law or in equity to
restrain, correct or abate such violation, to prevent the occupancy of said building,
structure or land, or to prevent any illegal act, conduct of business, or use in or about
said premises.
160.04 SITE PLAN REQUIREMENTS. The following information shall be clearly
provided on the site plan. Site Plans shall be submitted in a 24 by 36 -inch format and digital
format unless otherwise approved by the administrative official.
1. Name, address and telephone number of property owner. , including telephone
and fax number.
2. Name, address and telephone number of applicant, if different than property
owner.
3. Name, and address and telephone number of plan preparer.
4. Certification of architect and civil engineer licensed in the State of Iowa,
including seal, date, and signature on all applicable drawings prior to City Council
approval of the Site Plan. Other certification may be requested when appropriate by
the administrative official.
5. Certification of a registered land surveyor licensed in the State of Iowa,
including seal, date, and signature on applicable drawings prior to City Council
approval.
6. Current zoning of property, listing the property’s existing zoning consistent
with the City of Waukee’s Official Zoning Map and also including any overlay
districts the property may be within and the land use identified in the current City of
Waukee Comprehensive Plan where the property is located.
7. Legal description of site, including the plat name and lot number for all new
Site Plans. Building permits shall only be permitted on a platted lot of record.
8. Total area of the site, indicated in acres and square feet.
9. Open space, indicating the total area of the proposed site in square feet, the
area of open space within the site, and its percentage of the total site. The calculation
should include all open space pervious areas and permitted pedestrian plazas. The
total area of the site reserved for parking facilities, the open space within the defined
parking area, and its percentages of the total parking area should be calculated and
indicated in square feet.
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10. Pervious and impervious surface, indicating the total area of the proposed site
in square feet, the area of pervious surface and the area of impervious surface,
including all structures.
11. All proposed uses for the site and buildings, as known at the time of
application.
12. The total amount of parking stalls required based upon the proposed building
uses of the site. If more than one building use is proposed for the site, each individual
parking stall requirement should be indicated separate of the total.
13. If applicable to the proposed building uses of the site, the number of required
and provided queuing spaces should be indicated.
14. If applicable to the proposed building uses of the site, the number of required
and provided loading stalls should be indicated.
15. All setback requirements of the applicable zoning district within which the
proposed site is located.
16. The 100-year flood elevation, based upon the most recent FEMA Flood
Insurance Study or the on-site storm water management facility. Normal pool
elevation should be indicated if the on-site storm water management facility is a
retention pond.
17. General and survey information, as follows:
A. North Arrow. Included on Site Plan and all other applicable sketches,
drawings, and details.
B. Scale of Drawing. A minimum scale of 1 inch = 80 feet is required.
C. Vicinity Sketch. A minimum scale of 1 inch = 800 feet should be
used to indicate the properties within 600 feet of the proposed site location.
The boundary of the proposed site location should be clearly defined in
relation to other properties shown within the vicinity sketch.
D. Site Boundary. All property lines should be delineated with a heavy
line.
E. Bearing and Distances or Curve Data along boundary. Information
should be indicated as platted. Any measured information different than
platted should be identified.
F. Names of all Adjoining Property Owners. All property lines adjacent
to the proposed site or across street right -of-way should be indicated with the
owner and/or subdivision name(s), in addition to any adjoining lot numbers as
appropriate.
G. Existing Features. All existing physical features should be indicated
on the site plan including but not limited to plant materials, drainage ways,
structures, fences, and any encroachments. Projects involving numerous
existing features may be requested to submit a demolition, removal, or
relocation plan as determined to be most beneficial.
H. Soil Tests and Similar Information. If deemed necessary by the
administrative official, soil tests and similar information may be required to
determine the feasibility of the proposed development in relation to the design
standards set forth herein.
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I. Topography. The existing and proposed topography should be
indicated with a maximum of two-foot intervals. Spot elevations may also be
required at the request of the administrative official.
J. Limits of Phased Construction. If the site is to be developed in more
than one phase, the limits of each proposed construction/ development phase
should be indicated including all facets of the phasing proposed.
K. Additional Information. Drawings or other materials necessary to
describe a proposed project may be requested by the Planning and Zoning
Commission or administrative official. The applicant may include additional
information or materials such as sketches, videos, models, or photos, if they
help explain the proposal.
18. An accurate representation of the proposed building footprint, including
exterior structures incorporated into the building mass and proposed internal demising
walls known at the time of application.
A. Size. The total square footage of each proposed floor, the number of
floors, and the amount of finished area on each floor , including any proposed
basement area. For all multi-family and townhome proposals the total number
of units proposed for each building footprint should be indicated.
B. Entryways. The location of all proposed entries, service doors and
overhead doors.
C. Mechanical Units. The proposed location and type of all proposed
ground mechanical units, including air conditioning units, telephone pedestals,
transformers, coolers, or other similar units. For roof mounted mechanical
units, the proposed location and type of ladder to access the roof should be
indicated.
D. Trash Enclosures. The proposed location of all trash enclosures for
the site and a detail of the structure.
19. All proposed sidewalks, trails, and pathways, including the width, thickness,
and type of pavement. All sidewalks, trails, and pathways must be constructed to
Waukee Standard Specifications as applicable to the project.
20. Pedestrian corridors from any public street to all proposed principal buildings.
21. All proposed emergency exits where a sidewalk is not indicated shall provide
a stoop of an approved dimension, determined to be adequate in providing a safe exit
from the building.
22. All existing and proposed access drives to the site from a public street ,
including appropriate spacing as determined by the Waukee Major Streets Plan.
23. All public improvements required of the developer. The amount of
improvements required shall be determined by the Waukee Comprehensive Plan, the
Waukee Major Streets Plan, a traffic impact analysis, or any other approved
documentation identifying the amount and type of improvements necessary to
accommodate increased activity to the site or to facilitate future development as it
relates to the development of said site.
24. The use of private streets shall be allowed if the proposed private streets meet
the following criteria:
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A. Proposed private streets are built to Waukee Standard Specifications
for public streets.
B. They are maintained by the property owners requiring the private
streets through a Homeowners Association or through an approved
development agreement between the developers and the City.
C. The width and thickness of the private streets as determined by the
City Engineer or a traffic impact study in accordance with the City
specifications.
D. Sidewalks should be installed on both sides of the private streets
unless additional landscaping or open space is incorporated into the site in an
amount approved by the City Council in relief of one sidewalk per street.
E. A public ingress/egress easement is provided over the private streets’
location.
F. Street lights should be installed on all private streets unless an
alternative plan for providing lighting within the development is presented
and accepted by the Planning and Zoning Commission.
25. Any shared access drives. Any project where the development of townhomes
provides access to garages from a public street shall provide a shared access drive
between two or more units in order to minimize the amount of obstruction to the flow
of traffic along said public street. Any development of commercial property where
shared access is anticipated shall provide an easement and conceptual building
footprints for all proposed lots which are proposed to share the access drives.
26. All proposed parking and loading areas. Parking and loading areas shall meet
the requirements of Chapter 168 of this Code of Ordinances, and be in accordance
with the requirements of the City specifications and all other applicable State and
federal regulations.
27. A complete traffic circulation and parking plan, showing the location and
dimensions of all existing and proposed parking stalls, loading areas, entrance and exit
drives, sidewalks, dividers, planters, and other similar permanent improvements, in
addition to indicating traffic movements within access drives , in order to better
identify any potential traffic impediments based upon the proposed parking
configuration and access drives.
28. Individual parking stalls, as appropriate and differentiated from parking aisles.
Stalls intended to accommodate accessibility for persons with disabilities should be
indicated appropriately.
29. Proposed loading areas and queuing spaces, indicating traffic movements
where applicable to determine maneuverability within the site. Individual loading
docks and queuing spaces should be indicated on the site plan.
30. A lighting plan indicating the location, type, height, power rating, and any
shielding methods required of all existing and/or proposed lighting fixtures.
A. A manufacturer’s cut-sheet shall be provided for each type of lighting
fixture incorporated into the site layout including its materials and color.
Information required from the cut-sheet shall include the description of lamps,
supports, reflectors, and any other components of a particular lighting fixture.
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The site plan shall indicate all proposed lighting as depicted by the
manufacturer.
B. A photometric plan shall also be required identifying the horizontal
illumination of the site and the vertical light trespass along the perimeter of
the site. The photometric plan shall show point by point foot-candle reading
for the entire site at a minimum spacing of 10 feet between each point,
including 2 feet past the property line. .
31. The location and type of all existing and proposed signage. All signage shall
meet the requirements of Chapter 167 of this Code of Ordinances.
32. A landscaping plan, including the size and type of all proposed trees and
plantings and any existing trees larger than six inches in diameter proposed to be
removed. All landscaping necessary for fulfillment of requirements of this Code of
Ordinances shall be indicated on the site plan.
160.05 LIGHTING STANDARDS – DEFINITIONS. Unless the context clearly
indicates otherwise, the words and phrases used in this section shall have the following
meanings:
1. “Active” means those times when sales employees are employed on site for
the purpose of selling the merchandise located on the property to the general public
and does not include display of merchandise which is offered for sale at locations
other than the property.
2. “Display lot” means outdoor areas where active night time sales activity
occurs and where accurate color perception of merchandise by customers is required.
3. “Exterior lighting” means temporary or permanent lighting that is installed,
located, or used in such a manner to cause light rays to shine outdoors.
4. “Exterior lighting fixture” means the complete exterior lighting unit,
including: the artificial source of light, the parts required to distribute the light,
elements for light output control such as the reflector (mirror), or refractor (lens), the
housing that protects and holds the lamp in place, the connection to the power supply,
and the component that anchors the lighting unit to the ground or onto a structure.
5. “Floodlight” means a lamp that incorporates a reflector or a refractor to
concentrate the light output into a directed beam in a particular direction.
6. “Foot-candle” means the illuminance measured one foot from a one candle
source.
7. “Full cut-off” means a shielded light fixture that emits no light above a
horizontal plane touching the lowest point of the fixture.
8. “Glare” means the light in a direction near one’s line of sight that either
causes discomfort to the eye or impairs visibility.
9. “Horizontal and vertical foot-candles” means the illuminance, measured by a
light meter, striking a vertical or horizontal plane.
10. “Illuminance” means the intensity of light in a specified direction measured at
a specified point.
11. “Light” means a form of radiant energy acting on the retina of the eye to make
sight possible.
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12. “Light trespass” means unwanted light falling on public or private property
from an external location.
13. “Merchandise” means new and used vehicles owned by and actively offered
for sale to the general public by the property owner.
14. “Recreational facility” means football fields, soccer fields, baseball fields,
tennis courts, swimming pools, or any other special event or show area.
160.06 LIGHTING STANDARDS – DESIGN GUIDELINES.
1. Required Lamps – Generally. All lamps shall be LED, or others with similar
qualities to reduce glare and provide for improved color correct vision.
2. Required Exterior Lighting Fixtures – Generally. All exterior lighting fixtures
shall be full cut-offs. No portion of the lamp, lens, or diffuser shall be visible from
the side or top of any shield, or otherwise protrude from the bottom of the shield. No
exterior lighting fixture shall emit light at or above a horizontal plane that runs
through the lowest point of the shield.
3. Architectural and Decorative Lighting (Commercial and Industrial).
A. Limited building-mounted lighting may be used to highlight specific
architectural features or primary customer or building entrances. Floodlights
are only permitted provided all light emitted is contained by the building or by
an eave or protruding structure.
B. Lighting fixtures shall be located, aimed, and shielded to minimize
the glare that is emitted on objects other than a building’s façade or landscape
walls.
C. Building-mounted neon lighting may only be used when the lighting
is recessed, or contained inside a cap or architectural reveal.
4. Site and Parking Lot Lighting (Commercial and Industrial).
A. The mounting height for lighting fixtures shall not exceed 33 feet
from grade to the top of the lighting fixture.
B. The maximum average maintained foot-candles for a parking lot
lighting fixture shall be three foot-candles. The maximum lighting level for a
parking lot lighting fixture shall be ten foot-candles.
C. The maximum horizontal foot-candle measurement at any property
line shall be two foot-candles. The maximum maintained vertical foot-candle
at an adjoining property line shall be two foot-candles, as measured at five
feet above grade.
5. Display Lot Lighting (Commercial and Industrial)
A. The mounting height for lighting fixtures shall not exceed 33 feet
from grade to the top of the lighting fixture.
B. The maximum average maintained foot-candles for a display lot
lighting fixture adjacent to the public right of way shall be 25 foot-candles.
The minimum lighting level for a display lot lighting fixture adjacent to the
public right of way shall be one foot-candle. The maximum lighting level for
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a display lot lighting fixture adjacent to a public right of way shall be 30 foot-
candles.
C. The remaining rows intended for vehicle display as defined on the site
plan shall have a maximum average maintained foot-candle for display lot
lighting of 20 foot-candles and a minimum of one average maintained foot-
candle. The maximum lighting level for secondary rows of display lot
lighting shall be 25 foot-candles.
D. All customer and employee parking areas and other non-display areas
within the site shall conform to the site and parking lot lighting requirements
as defined above.
E. The maximum horizontal foot-candle measurement at any property
line shall be two foot-candles. The maximum maintained vertical foot-candle
at an adjoining property line shall be two foot-candles, as measured at five
feet above grade.
F. All display lot lighting fixtures shall meet the shielding and lamp
requirements contained in this section and adhere to all other requirements
imposed by the Waukee Municipal Code.
G. After 10:00 P.M. and until 7:00 A.M., all display lot lighting fixture
foot-candle levels shall be reduced so as to conform to the site and parking lot
lighting requirements contained in this section through the means of a control
system or systems.
H. The discontinuance of the use of the property for on-site vehicular
sales shall eliminate the authority of the property owner to operate the display
lot lighting at the levels set forth in this section. In the event of such
discontinuation of use, the lighting may only be operated in accordance with
other requirements of this section. It shall be the property owners
responsibility to notify its successors in interest or tenants of the obligations
imposed by this section.
6. Canopy Lighting (Commercial and Industrial). The average maintained foot-
candles under a canopy shall be 35 foot-candles. Areas outside the canopy shall be
regulated by the guidelines and standards outlined above. Permissible fixtures for
canopy lighting include:
A. Recessed fixtures that incorporate a lens cover that is either recessed
or flush with the bottom surface of the canopy.
B. Indirect lighting where light is emitted upward and then reflected
down from the underside of the canopy. Such fixtures shall be shielded to
ensure that no light is emitted at or above a horizontal plane that runs through
the lowest point of the canopy.
7. Street Lighting. All private street light fixtures shall measure no more than 30
feet from grade to the top of the lighting fixture, and shall be cobra-style, unless the
Commission and Council permit the installation of an alternative fixture. The
Commission and Council may approve an alternative lighting fixture only after a
determination has been made that the alternative fixture has been designed to avoid
glare and trespass. The use of lighting fixtures that direct light upward into the air is
strictly prohibited. All lighting on public streets shall conform to the current City of
Waukee Standard Specifications.
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8. Recreational Facilities. The lighting fixtures at all public or private outdoor
recreational facilities shall be designed to minimize the amount of light that is directed
upward into the air, glare, and light trespass. The illumination of any public or private
outdoor recreational facility after 11:00 p.m. is prohibited, except in order to conclude
a specific activity, previously scheduled, which is in progress under such illumination
prior to 11:00 p.m.
9. Exemptions. This section does not apply to the following exterior lighting
sources:
A. Airport lighting required by law.
B. Temporary emergency lighting.
C. Temporary lighting, other than security lighting, at construction
projects.
D. Governmental facilities where a compelling need for safety and
security has been demonstrated.
E. Lighting for flag poles, church steeples or other similar non-
commercial items provided they do not cause distraction within public rights-
of-way.
160.07 SITE AND BUILDING DESIGN STANDARDS. The following are applicable
for all structures and sites proposed in all zoning districts other than individual single-family
or two-family dwellings, which do not require approval of a site plan.
1. Review Process.
A. As part of the site plan review process, an applicant shall provide
colored architectural elevation drawings for each elevation of the building or
buildings proposed for new construction, addition, alteration, or the like.
B. The elevation drawings should be provided in 11 by 17-inch format
and digital format unless otherwise approved by the administrative official.
C. Each elevation drawing should include massing dimensions and
callouts of the proposed materials indicated on the elevation. A percentage
breakdown of proposed materials shall be provided.
D. In the event that accessory structures are proposed as a part of the site
plan review process, the administrative official shall have the ability to
request elevation drawings or colored details of said accessory structures to
ensure compliance with the provisions of this chapter.
E. At the time of site plan and elevation drawing presentation to the
Planning and Zoning Commission, and/or City Council, the applicant may be
required to provide material and color samples of all proposed exterior
finishes.
2. Architectural and Site Design Characteristics – General Provisions for All
Districts.
A. Connection and Circulation. Sites shall be designed with integrated
sidewalks, walkways, and paths to provide continuous circulation throughout
the site connecting principal structures, dwelling units, parking areas, parking
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garages, and other prominent features. Pedestrian connections shall be made
between the internal circulation system and the adjacent public sidewalk or
trail systems.
B. Screening. Ground mounted utility and mechanical units
(condensers, cooling equipment, generators, meter clusters, transformers,
ventilation units, etc.) shall be adequately screened from public view through
the use of walls, hedges, or other landscape treatment that provide year-round
screening. Walls shall be consistent in architectural style and material to the
principal building. Roof mounted utility and mechanical units (condensers,
cooling equipment, generators, ventilation units, antennas, satellite dishes,
etc.) shall be screened from public view by the use of an opaque screening
material compatible with and integrated into the overall design of the
building. Architectural metal paneling, roof parapet or a combination of the
two shall be considered. Garbage dumpsters and trash receptacles shall be
screened through the use of an enclosure comprised of materials consistent
with the principal building. Where possible an enclosure shall be integral
with a building. An enclosure shall be placed outside of a front yard.
C. Outdoor Storage and Display.
(1) Outdoor storage and display areas shall be approved as a part
of the site plan review process. In the event that a new or additional
storage or display area is deemed necessary by a property owner for
an existing site where a site plan has already been approved, a site
plan meeting the criteria of this section shall be provided for review
and approval by the administrative official.
(2) All outdoor storage and display areas shall be designed and
placed so as not to impede or pose a threat to existing or planned
pedestrian, automobile, and emergency access routes through a site.
(3) Outdoor storage and display areas shall not occupy any
portion of required open space, buffers, off-street parking areas, or
other such required site conditions.
(4) Outdoor storage areas shall be provided on a paved surface
with perimeter fencing, landscaping, or related treatment necessary to
secure and integrate the storage area with the remainder of the site.
An opaque screen shall be provided to adequately screen the storage
area from a public street right-of-way or an adjacent zoning district
different from the site. Wood privacy fence or chain link fencing
shall not be allowed for screening outdoor storage areas.
D. Exterior Color. The use of bright, bold, or vibrant colors shall be
consistent with the City’s vision for the surrounding area and used primarily
in accent materials or similar applications that are not determined to conflict
with neighboring properties or circumvent the Sign Ordinance. This shall not
restrict the use of such colors on multiple material applications if deemed to
align with the City’s vision or plan for an area.
E. Conformance with City’s Intent for Design. All buildings, structures,
and sites shall be designed in conformance with the City’s intent for the level
of character and design desired for certain projects as illustrated in the
adopted Architectural Design Example Book or Downtown Design
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Guidelines as applicable to the zoning district. It is not expected that all
projects will be identical to the examples provided in the book, but shall
provide for the same level of detail, interest, durability in materials, a nd
scaling methods identified in the book. Where a question of interpretation
arises between a proposed project in relation to the examples provided in the
book, the administrative official shall provide for the determined
interpretation.
F. 360 Architecture. All buildings shall be designed with a consistent
level of detail and interest on all sides.
3. Architectural and Site Design Characteristics – Arterial Overlay District. The
regulations specified under this district shall apply to all properties adjoining or
integrated with a property adjoining a street classified by the adopted Major Streets
Plan as an interstate, primary highway, major arterial, or minor arterial.
A. Used car facilities shall be permitted only in conjunction with a new
car facility.
B. Drive-thru windows, menu boards, and related items shall be
positioned or screened so as not to be visible from the corridor.
C. Overhead doors shall be designed with full glass giving the general
appearance of a storefront window when closed.
D. Interior self storage buildings shall be required to be placed a
minimum of 400 feet from an interstate, primary highway, major arterial or
minor arterial.
December 2, 2019 – Ordinance 2944
4. Architectural and Site Design Characteristics – Neighborhood Residential
Districts. The regulations specified under this district shall apply to townhome, row
dwelling, and multi-family dwellings within an R-3or R-4 District.
A. All townhome, row, and multi-family dwellings proposed within the
same development shall have a unified architectural theme. Sites where four
or more buildings are proposed shall provide slight differentiation in design
amongst buildings of the same size or number of units to provide for a higher
level of architectural design for the site as a whole.
B. Each townhome or row dwelling façade shall be divided into a
maximum of 20-foot linear sections. Multi-family façades shall be divided
into a maximum of 40-foot linear sections. This requirement may be
accomplished by the use of:
(1) Window bays.
(2) Articulation in roof lines through the use of dormers or
gables.
(3) Variation in building offsets.
(4) The division of continuous materials.
(5) The use of architectural accents such as chimneys, balconies,
pediments, columns, cornice lines, or moldings.
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C. Each building shall be designed with same level of architectural style
on all sides. For townhomes and row dwellings, a minimum of 20% of the
front façade shall be comprised of brick and/or stone. For multi-family
developments, a minimum of 35% of the total area of building elevations shall
be comprised of brick and/or stone. In calculating wall surfaces, windows
and doors shall not be considered within the calculation.
D. Exterior building materials along elevations which adjoin a public or
private street shall employ a variety of textures and colors as well as window
and door details.
E. Variation in building materials used shall take place with the change
in building plane. However, the change in materials shall keep with the
chosen architectural theme.
F. Any garage door proposed within a townhome, row dwelling, or
multi-family structure shall be integrated into the façade so as not to become a
prominent element of the dwelling. Garages proposed within a townhome,
row dwelling or multi-family development shall be integrated into the design
of the overall building and shall incorporate architectural details. This shall
be accomplished with the use of windows, decorative hardware, recessed
garage doors, roof canopies, trellises, columns, trim details, offsets between
garages of adjacent units and paired, single-car garage doors.
G. Detached garages shall be designed with materials consistent with
those used on the principal buildings within the development. Detached
garages shall not be located along a public street frontage. Detached garaged
shall be discouraged within townhome developments.
5. Architectural and Site Design Characteristics – Neighborhood Commercial
Districts. The regulations specified under this district shall apply to commercial
property zoned C-1A and nonresidential uses as principally permitted within a
residential district or agricultural district.
A. The architectural design of all buildings shall be similar in style and
sense of scale to the residential neighborhood it serves or is in proximity to.
B. Buildings shall be predominately brick, stone, or similar material that
provides for the appearance of permanency. The use of residential siding or
similar materials consistent with the surrounding neighborhood may be used
as a secondary material. Vinyl siding is prohibited.
C. The use of building materials shall follow principles of tripartite
architecture where a defined base, middle, and top (roofline) are established.
6. Architectural and Site Design Characteristics – Community Commercial and
Office Districts. The regulations specified under this district will apply specifically to
the C-1, C-1B, and C-4 Districts.
A. Buildings constructed in a Community Commercial or Office District
shall be designed to sustain interest throughout the entirety of the building’s
exterior and reduce the appearance of a box or cube.
B. Individual buildings within a planned retail center, office park, or
similar environment shall be designed with a compatible architectural style or
theme.
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C. In order to ensure the longevity and future usability of retail buildings
in excess of 50,000 square feet (e.g., big box retailer, anchor of a strip mall,
etc.) additional articulation and structural offsets shall be provided to ensure
future reuse of the structure by smaller user groups. This shall be
accomplished by visually separating the building into masses conducive to
such reuse.
D. Buildings within the Community Commercial or Office District shall
incorporate a blend of various Primary Materials including: (i) aluminum
composite materials; (ii) brick; (iii) cast stone; (iv) cultured stone; (v) glass;
(vi) plate cladding system; and (vii) precast concrete panels. The primary
material shall be the dominant material of façades facing a public street right-
of-way. Secondary materials shall include but not be limited to: (i)
architectural metals (insulated metal panels, corrugated metal panels or other
similar materials); (ii) copper flashing; (iii) EIFS; (iv) fiber cement siding; (v)
glass block; (vi) structural composite sandwich paneling; (vii) tile; and (viii)
those materials listed as primary materials. Secondary materials shall be used
to further define and accent the architectural characteristics of a proposed
structure and shall not comprise of more than 25% of the proposed structure .
The City Council, after receiving a favorable recommendation from the
Planning and Zoning Commission, may consider an alternative material not
specifically listed above if the overall design is determined to provide a
unique use of the material and meets the intent of this section in creating an
appearance of permanency and sustained interest throughout the entirety of
the building.
E. Common ribbed metal panels shall not be permitted as an allowed
principle or secondary material within the Community Commercial and
Office Districts.
F. Principal buildings shall be oriented and located in a manner which
allows for shared access drives and/or parking with adjacent principal
buildings.
G. Automobile and pedestrian corridors should be clearly defined
throughout the proposed site. This should be accomplished through the use
of:
(1) Landscaped medians and islands within proposed parking
areas.
(2) Defined pedestrian corridors provided through or around
parking areas between principal buildings.
(3) Brick, stone, or similar pavement accents at critical
pedestrian and automobile crossings.
(4) Automobile and pedestrian lighting located along primary
corridors within the site.
H. Interior Self Storage Buildings shall be designed and constructed so
that they are compatible with adjoining commercial buildings. In addition,
the following performance standards shall also apply to the design and
development of interior self-storage units:
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(1) All storage units shall gain access from the interior of the
building, no individual unit doors may face the street or be visible
from an adjoining property.
(2) One entrance and one exit overhead door shall be allowed.
Whenever possible, these features shall be located on facades, which
face non-residentially zoned or developed property or the public
street. In no case will these features appear on the front façade or
public façade where other commercial business takes place.
(3) Commercial tenant space(s) shall be included in the first floor
design, which may include a retail space for the self-storage office.
Tenant spaces shall extend at least 50% of the length of the façade
which faces a main parking field or the public street where parking is
available between the building and the public street. The intent is to
emulate tenant and multi-tenant retail storefronts commonly
associated with building within commercial zoning districts.
(4) Ground floor and upper floor facades shall be designed to be
compatible with expected four-sided commercial design in the city’s
commercial districts. Examples of such architectural and design
features include varied massing, proportion, façade modulation,
exterior building materials and detailing, varied roof line, pedestrian
scale, windows, repetition, etc. Views of storage units through
windows shall be mitigated. The building shall look like a retail or
multi-tenant commercial space.
7. Architectural and Site Design Characteristics – Downtown Village District.
The regulations specified under this district will apply specifically to the C-2 District
and take precedence over any conflicting provisions of this chapter. All buildings and
structures within the Downtown Village District shall be designed, oriented, and
planned consistent with the adopted Downtown Design Guidelines.
8. Architectural and Site Design Characteristics – Industrial District. The
regulations specified under this district will apply specifically to the M -1, M-1A, and
M-2 districts.
A. Buildings shall be compatible in architectural style or theme with
surrounding buildings.
B. Buildings shall be designed with emphasis placed upon promoting
interest on those facades facing a public street right-of-way and breaking up
long expanses of continuous walls with specific consideration given to the
treatment of entrances, doors, and window areas.
C. Buildings within the Industrial District shall be designed utilizing
primary materials on those elevations facing a public street right-of-way
including: (i) aluminum composite materials; (ii) brick; (iii) cast stone; (iv)
cultured stone; (v) glass; (vi) plate cladding system; (vii) precast concrete
panels; and (viii) fiber cement siding. Secondary materials used on the
remainder of the building and comprising not more than 40% of all elevations
shall include but not be limited to: (i) architectural metals (insulated metal
panels, corrugated metal panels or other similar materials); (ii) EIFS; (iii) split
faced block; (iv) structural composite sandwich paneling; (v) tile; and (vi)
those materials listed as primary materials. Other materials proposed as
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secondary materials not specifically described shall meet the intent of this
section in promoting an appearance of permanency.
D. Mini-warehouse/self-storage developments shall comply with the
following requirements:
(1) Facades fronting the public right of way and adjoining
residential districts shall be enhanced to add visual character and
distinction different from the interior of the development. Materials
on these facades shall consist entirely of those materials listed as
primary materials in this section.
(2) Views of exterior access doors shall be screened from the
public right of way, adjacent residential development and adjacent
non-industrial or non-warehouse retail development.
(repeal Chapter 304, replace in entirety) July 15, 2019 – Ordinance 2932
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CHAPTER 165
ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
165.01 Title; Interpretation of Standards 165.11 Home Occupations
165.02 Definitions 165.12 Outdoor Storage Restrictions
165.03 Nonconforming Uses and Structures 165.13 Visibility at Intersections
165.04 Conformance Required 165.14 Fences, Walls and Hedges
165.05 Street Frontage Required 165.15 Building Lines on Approved Plats
165.06 Accessory Buildings 165.16 Wind Energy Conversion Systems
165.07 Corner Lots 165.17 Temporary Uses
165.08 Yards and Open Space 165.18 Solar Energy Systems
165.09 Permits Previously Issued 165.19 Urban Chickens
165.10 Zoning Districts Dividing Property 165.20 Exceptions, Modifications and Interpretations
165.21 Illustrations
165.01 TITLE; INTERPRETATION OF STANDARDS. Chapters 165 through 169 of
this Code of Ordinances shall be known and may be cited and referred to as the Zoning
Regulations of the City of Waukee, Iowa, and may be referred to in these chapters and
elsewhere in this Code of Ordinances as “the zoning regulations” or “the zoning ordinance.”
In their interpretation and application, the provisions of these zoning regulations shall be held
to be minimum requirements. Where any zoning regulation imposes a greater restriction than
is imposed or required by other provisions of law or by other rules or regulations or
ordinances, the provisions of these zoning regulations shall control. If any other statute,
ordinance, or regulation imposes higher standards than are required by these zoning
regulations, such statute, ordinance or regulation shall control. Any regulation adopted under
the authority of these zoning regulations which relates to a structure, building, dam,
obstruction, deposit, or excavation in or on the flood plains of a river or stream shall require
prior approval of the Iowa Department of Natural Resources and the U.S. Army Corps of
Engineers to establish, amend, supplement, change, or modify such regulation or to grant a
variation or exception from it.
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 business that, as a part of or in the
process of delivering goods and services, displays to its patrons specified sexual
activities or specified anatomical areas in printed form or through any form of
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photographic medium or by use of male or female models. In reference to adult
entertainment businesses, the following definitions apply:
A. “Adult art studio” or “adult modeling studio” means an establishment
or business that provides the services of modeling for the purpose of viewing
and/or reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing, or otherwise. Entrance to such
establishment and such services are available only to adults.
B. “Adult artist - body painting studio” means an establishment or
business that provides the services of applying paint or other substance
whether transparent or nontransparent to or on the human body when such
body is wholly or partially nude. Entrance to such establishment and such
services are available only to adults.
C. “Adult bath house” means an establishment or business that provides
the services of baths of all kinds, including all forms and methods of
hydrotherapy, and not including such services provided by a medical
practitioner or professional physical therapist licensed by the State of Iowa.
Entrance to such establishment and such services are available only to adults.
D. “Adult book store” means an establishment or business having a
substantial part of its stock in trade, books, magazines, photographs, pictures
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, and limited in sale of such
sexual materials to adults.
E. “Adult cabaret” means a cabaret which features go-go dancers, exotic
dancers, strippers, male or female impersonators, or similar entertainers.
F. “Adult mini-motion picture theater” means an enclosed building with
a capacity for less than 50 persons which is used for presenting motion
pictures, slides, or photographic reproductions distinguished or characterized
by an emphasis on matters depicting, describing or relating to specified sexual
activities or specified anatomical areas, as defined herein, for observation by
patrons therein.
G. “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.
H. “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 (5) 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.
I. “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.
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J. “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.
K. “Massage establishment” means any establishment having a fixed
place of business where massages are administered for any form of
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 Chapters 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 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.
L. “Model” means any person who, for consideration or gratuity,
appears either nude or seminude to be either viewed, photographed, sketched,
drawn, sculptured; to dance; to provide reading or counseling sessions; for
body painting; to deliver a service or other activities in connection with the
sale of merchandise; or to present materials distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
M. “Model studio” means any establishment where, for any form of
consideration or gratuity, models who display specified anatomical areas are
provided to be observed, or, subject to lawful tactile conduct, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by persons
paying such consideration or gratuity, or where, for any form of consideration
or gratuity, nude or seminude dancing, readings, counseling sessions, body
painting and other activities that present materials distinguished or
characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas are provided for
observation by or communication to persons paying such consideration or
gratuity.
N. “Nude encounter parlor” means an establishment having a fixed place
of business where any person therein engages in, conducts, or carries on, or
permits to be engaged in, conducted or carried on, any business of viewing
any person or persons or the actual encounter of any person or persons
4
depicting, describing or relating to specified sexual activities as defined
herein.
O. “Nude photographic parlor” means an establishment having a fixed
place of business where any person, association, firm or corporation therein
engages in, conducts, or carries on, or permits to be engaged in, conducted or
carried on any business of photographing any person or persons depicting,
describing or relating to specified sexual activities or specified anatomical
areas, as defined herein.
P. “Specified anatomical areas” includes the following: human genitals,
pubic region, buttocks, and female breasts below a point immediately above
the top of the areola.
Q. “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.
R. “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.
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.
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. “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.
5
11. “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 t o be a
restaurant, hotel or motel, does not require reservations, and serves food only to
overnight guests.
12. “Board” means the Board of Adjustment of the City.
13. “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.
14. “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.
15. “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.
16. “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.)
17. “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.
18. “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.
19. “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.
20. “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.
21. “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.
22. “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.
23. “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.
24. “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.
25. “Commission” means the Planning and Zoning Commission of the City.
6
26. “Consumer fireworks” means first-class consumer fireworks and second-class
consumer fireworks as set forth under Chapter 100 of the Code of Iowa.
27. “Consumer fireworks sales” means an establishment used for the retail
display and sale of consumer fireworks. For the purposes of the Zoning Ordinanc e, 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.
28. “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.
29. “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 (6) or more unrelated children
of the owners or operators, of preschool age, for compensation.
30. “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.
31. “Distillery” means a place where alcoholic beverages (whiskey, vodka, gin,
etc.) are produced typically in small quantities.
32. “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.
33. “Driveway” means a permanently surfaced area providing vehicular access
between a street and an off-street parking or loading area.
34. “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.
35. “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.
36. “Dwelling, multiple” means a residence designed for or occupied by three or
more families, with separate housekeeping, bathroom, and cooking facilities for each.
37. “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.”
38. “Dwelling, single-family” means a detached residence designed for or
occupied by one family only.
39. “Dwelling, single-family, split foyer” means a dwelling in which living space
is on two levels with a foyer between the two levels.
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40. “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.
41. “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.
42. “Dwelling, two-family” means a residence designed for or occupied by two
families only, with separate housekeeping, bathroom, and cooking facilities for each.
43. “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.
44. “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:
A. More than eight people who are:
a. Residents of a “family home” as defined in section 414.22 of the
Iowa Code; or
b. “Handicap” as defined in the Fair Housing Act, 42 USC section
3602(h)
B. Any group of individuals who are in a group living arrangement as a
result of criminal offenses;
C. Andy group of individuals whose association is temporary, seasonal in
nature or limited to the duration of an educational school year cycle;
D. Any society, club, fraternity, sorority, association, lodge or like
organization.
45. “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.
46. “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.
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47. “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.
48. “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.
49. “
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. “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.
53. “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 no individual unit doors being visible from adjoining properties.
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 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 manufacturi ng 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. “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 kenn el. The
9
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.
57. “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.
58. “Lodging or rooming house” means a building where a room or rooms are
provided for compensation for four or more persons.
59. “Lot,” for the purpose of these zoning regulations, is a parcel of la nd 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
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.
60. “Lot, corner” means a lot abutting upon two or more streets at their
intersection.
61. “Lot, depth” means the mean horizontal distance between the front and rear
lot lines.
62. “Lot, double frontage” means a lot having a frontage on two nonintersecting
streets, as distinguished from a corner lot.
63. “Lot, interior” means a lot other than a corner lot.
64. “Lot lines” means the lines bounding a lot, including the right-of-way line of
any public road, highway, or alley acquired by easement.
65. “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.
66. “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.)
67. “Lot width” means the width of a lot measured at the building line and at right
angles to its depth.
68. “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
10
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.
69. “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.
70. “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.
71. “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.)
72. “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.
73. “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.
74. “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.
75. “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.
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76. “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.
77. “Parabolic or dish type antenna” means a concave, circular or dish-shaped
device designed for receiving communications or television signals from a satellite.
78. “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.)
79. “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.
80. “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.
81. “Principal use” means the main use of land or structures as distinguished from
an accessory use.
82. “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.
83. “Rooming house” means a building where a room or rooms are provided for
compensation to four or more persons.
84. “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.
85. “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.
86. “Street line” means the right-of-way line of a street, alley, or road.
87. “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.
88. “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.
89. “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.
90. “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
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ground. Among other things, structures include buildings, walls, fences (more than 6
feet in height), billboards, solar collectors, and dish antennas.
91. “Travel trailer” means a recreational vehicle, with or without motive power,
designed as a temporary dwelling, not exceeding 8 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.
92. “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.
93. “Vehicle, antique” means a motor vehicle 25 years old or older, as provided
and regulated by Section 321.115 of the Code of Iowa.
94. “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.
95. “Vehicle, motor” means a self-propelled device used for transportation of
people or goods over land surfaces and licensed as a motor vehicle.
96. “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 permissible building area as necessary to eliminate any eaves or
overhangs from extending more than 24 inches.
97. “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 entran ce is located.
See the definition of “yard” for eaves or overhang limitations.
98. “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.
99. “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” f or
eaves or overhang limitations.
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165.03 NONCONFORMING USES AND STRUCTURES. Within the various districts
established by these zoning regulations or amendments that may later be adopted, there exist
structures and uses of land and structures that were lawful prior to the adoption of these
zoning regulations but which would be prohibited, regulated, or restricted under the provisions
of these zoning regulations. It is the intent of these zoning regulations to permit these
nonconformities to continue until they are removed, but not to encourage their survival. Such
uses are declared by these zoning regulations to be incompatible with permitted uses in the
districts involved.
1. Nonconformities In Any Residential District.
A. Nonconforming Use of Land. The lawful use of land upon which no
building or structure is erected or constructed, which becomes nonconforming
under the terms of these zoning regulations as adopted or amended, may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
(1) No such nonconforming use shall be enlarged or increased or
extended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of these zoning regulations.
(2) No such nonconforming use shall be moved in whole or in
part to any other portion of the lot or parcel which was not occupied
by such use at the effective date of adoption or amendment of these
zoning regulations.
(3) If any such nonconforming use of land ceases for any reason
for a period of more than six months, any subsequent use of such land
shall conform to the district regulations for the district in which such
land is located.
B. Nonconforming Use of Structures. If a lawful use of a structure, or of
a structure and land in combination, exists at the effective date of adoption or
amendment of these zoning regulations, which would not be allowed in the
district under the terms of these zoning regulations, the use may be continued
so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted entirely or in part to a use not
permitted by these zoning regulations in the district in which it is
located, except when required by law, shall be enlarged, extended,
reconstructed, moved, or structurally altered, unless the use is
changed to a use permitted in the district in which such structure is
located.
(2) Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of these zoning
regulations. No such use shall be extended to occupy any land
outside such building.
(3) If no structural alterations are made, a nonconforming use of
a structure may be changed to another nonconforming use within the
same or a more restricted classification. Whenever a nonconforming
use has been changed to a more restricted use or to a conforming use,
such use shall not thereafter be changed to a less restrictive use.
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(4) In the event that a nonconforming use of a structure (or
structure and land in combination) is discontinued or abandoned for a
period of six months, the use of the same shall thereafter conform to
the uses permitted in the district in which it is located. Where
nonconforming use status applies to a structure and land in
combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
(5) Any structure devoted to a use made nonconforming by these
zoning regulations which is destroyed by any means to an extent of
60 percent or more of its assessed value cost at the time of
destruction, exclusive of the foundations, shall not be reconstructed
and used as before such happening. If the structure is less than 60
percent destroyed above the foundation, it may be reconstructed and
used as before, provided it is done within six months of such
happening, and is built of like or similar materials.
C. Nonconforming Structures. Where a structure exists at the effective
date of adoption or amendment of these zoning regulations, which could not
be built under the terms of these zoning regulations by reason of restrictions
on area, lot coverage, height, yards, or other characteristics of the structure or
its location on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(1) No such structure may be enlarged or altered in a way that
increases its nonconformity.
(2) Should such structure be destroyed by any means to an extent
of 60 percent or more of its assessed value at time of destruction, it
shall not be reconstructed except in conformity with the provisions of
these zoning regulations.
2. Nonconformities In Any District Other Than Residential.
A. Nonconforming Use of Land. The regulations described in
subsection 1(A) of this section shall also apply to this subsection.
B. Nonconforming Use of Structures. The regulations described in
subsection 1(B) of this section shall also apply to this subsection, with the
following exception: Any structure in any district other than a residential
district devoted to a use made nonconforming by these zoning regulations
may be structurally altered or enlarged in conformity with the lot area, lot
coverage, frontage, yard, height, and parking requirements of the district in
which located, provided such construction is limited to buildings on land
owned, of record, by the owner of the land devoted to the nonconforming use
prior to the effective date hereof. Such structural alteration or enlargement
shall not authorize the substitution of a nonconforming use that is less
restrictive than the one to which the structure was devoted at the time of
adoption of these zoning regulations.
C. Nonconforming Structures. The regulations described in subsection
1(C) of this section shall also apply to this subsection.
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3. Required Repairs and Unauthorized Nonconformities.
A. Nothing in these zoning regulations shall be deemed to prevent the
restoring to a safe condition of any building or part thereof declared to be
unsafe by any official charged with protecting the public safety, upon order of
such official.
B. Any use of land, use of structure, or structure, in existence at the time
of adoption of these zoning regulations, which was not an authorized
nonconformity under any previous zoning ordinance or similar regulations,
shall not be authorized to continue its nonconforming status pursuant to these
zoning regulations or amendments thereto.
165.04 CONFORMANCE REQUIRED. Except as hereinafter specified, no building,
sign, or structure shall be erected, converted, enlarged, reconstructed or structurally altered,
nor shall any building or land be used, which does not comply with all of the district
regulations established by these zoning regulations for the district in which the building or
land is located.
165.05 STREET FRONTAGE REQUIRED. Except as permitted in Section 165.19 of
this chapter, no lot shall contain any building used in whole or in part for single-family or two-
family residence purposes unless such lot abuts for at least 40 feet on a t least one public street.
An exclusive unobstructed ingress/egress easement of access or right-of-way of at least 24 feet
wide to a public street may be used to satisfy this requirement in unique circumstances as
approved by the Council upon recommendation of the Commission.
165.06 ACCESSORY BUILDINGS.
1. Occupancy of Yard Area. Accessory buildings, regardless of height, which
are constructed above the normal ground surface in any yard area shall not occupy
more than 30 percent of the yard area in which it is located, except in an R-6 District;
however, this regulation shall not be interpreted to prohibit the construction of a 440
square foot garage. The 30 percent maximum shall include the total of all accessory
buildings and structures.
2. Location.
A. No accessory building shall be erected in any front yard.
B. Accessory buildings must be erected separately from, and a minimum
horizontal distance of six feet from, any principal building projection and may
not be connected by a breezeway or similar structure.
C. Accessory buildings shall not be constructed in such a way to impede
drainageways or interfere with overland flowage easements.
3. Setback.
A. Accessory buildings shall be distanced at least two feet from lot lines
and easement lines, except within the R-6 District.
B. In the case of a corner lot or a double frontage lot, accessory
buildings shall be restricted to the building setback lines as shown on the
approved plat.
C. In no case shall any eaves or overhang extend closer than 12 inches to
a rear or side yard line or an easement line.
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4. Height. No accessory building shall exceed 14 feet in height. Height is
measured as 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 ma nsard roof,
or to the average height of the highest gable of a pitch or hip roof.
5. Design Characteristics.
A. In all cases, accessory buildings shall be constructed of materials
similar to the principal structure and in character with the surrounding built
environment as determined by the administrative official.
B. If any unenclosed balcony or unenclosed porch, including any deck,
shall be constructed within six feet from any accessory building, the adjacent
wall of said accessory building shall be not less than a two-hour fire wall. No
unenclosed balcony or unenclosed porch or deck shall be constructed closer
than three feet to any accessory building.
6. Principal Building Relationship.
A. Any building so connected to the principal building shall be
considered a part of the said principal building and must meet the space
requirements thereof.
B. No accessory building shall be constructed upon a lot until the
construction of the principal building has been actually commenced, and no
accessory building shall be used unless the administrative official has issued a
certificate of occupancy for the principal building.
165.07 ACCESSORY STRUCTURES
1. Occupancy of Yard Area. Accessory structures that are constructed in any
required yard area shall not occupy more than 30 percent of the yard area in which it is
located. The 30 percent maximum shall include the total of all accessory structures and
accessory buildings.
2. Location:
A. Accessory structures shall be permitted in any yard unless specified
herein.
B. Accessory structures shall not be constructed in such a way to impede
drainageways or interfere with overland flowage easements.
3. Setback. A minimum rear yard setback of five feet and a minimum side yard
setback of two feet shall be maintained for accessory structures unless specified elsewhere in
this title.
4. Decks:
A. Decks not exceeding 50 square feet in area shall be permitted in any
yard, provided a minimum side yard setback of five feet is maintained.
B. Decks larger than 50 square feet shall be permitted only in rear yards.
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5. Miscellaneous Structures. Permanent uses, including but not limited to sport
courts, tennis courts, and metal batting cages shall maintain a minimum rear yard setback of
five feet and a minimum side yard setback of two feet.
6. Domesticated Animal Run. In residential districts, domesticated animal runs
are permitted within the limits of rear yards. A five foot setback is required from all lot lines
and adequate screening (landscaping and/or opaque fencing) shall be provided to reduce
visibility and noise to the adjoining property owners. Pet runs/kennels shall not exceed six
feet in height.
7. Domesticated Animal Exercise Yard. In commercial or industrial districts, a
domesticated animal exercise yard, a structure for the exercise of domesticated animals, may
be constructed adjacent to or as part of the principal structure, may be indoors or outdoors, and
need not be climate controlled. Such structure shall not be utilized as the primary enclosure
for any animal. If outdoors, such structure shall be screened with solid fencing and shall be
set back at least 10 feet from any adjacent property.
8. Swimming Pools. Swimming pools, hot tubs and saunas are permitted in any
rear or side yard, provided a five foot setback shall be maintained from all side and rear
property lines.
165.08 CORNER LOTS. For corner lots, platted or placed of record after December 29,
1981, the front yard regulation shall apply to each street side of the corner lot. (See Section
165.20 of this chapter for illustrations.)
165.09 YARDS AND OPEN SPACE.
1. Front Yard. In all residential districts, there shall be a minimum front yard required as
stated in the bulk regulations for that particular district; provided, however, where lots
comprising 30 percent or more of the frontage within 200 feet of either side lot line are
developed with buildings at a greater or lesser setback, the front yard requirement shall be the
average of these building setbacks and the minimum front yard required for the undeveloped
lots. In computing the average setback, buildings located on reverse corner lots or entirely on
the rear half of lots shall not be counted. The required front yard as computed herein need not
exceed 50 feet in any case. (See Section 165.20 of this chapter for illustrations.)
2. Reduction of Required Yard or Open Space Prohibited. No yard or lot existing at the
time of the effective date hereof shall be reduced in dimension or area below the minimum
required by these zoning regulations. No part of a yard or other open space, or off-street
parking or loading space provided about any building, structure, or use for the purpose of
complying with the provisions of these zoning regulations, shall be included as part of a yard,
open space, or off-street parking or loading space required under these zoning regulations for
another building, structure, or use.
165.10 PERMITS PREVIOUSLY ISSUED. Nothing herein contained shall require any
change in the overall layout, plans, construction, size or designated use of any building, or part
thereof, for which approvals and required permits have been granted before the enactment of
these zoning regulations, the construction of which in conformance with such plans shall have
been started prior to the effective date hereof and completion thereof carried on in a normal
manner and not discontinued for reasons other than those beyond the builder’s control.
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165.11 ZONING DISTRICTS DIVIDING PROPERTY. Where one parcel of property
is divided into two or more portions by reason of different zoning district classifications, each
of these portions shall be used independently of the other in its respective zoning
classification, and for the purpose of applying the regulations of these zoning regulations, each
portion shall be considered as if in separate and different ownership.
165.12 HOME OCCUPATIONS. Subject to the limitations of this section, any home
occupation that is customarily incidental to the principal use of a building as a dwelling shall
be permitted in any dwelling unit. Any question of whether a particular use is permitted as a
home occupation, as provided herein, shall be determined by the administrative official
pursuant to the provisions of these zoning regulations. The regulations of this section are
designed to protect and maintain the residential character of established neighborhoods while
recognizing that certain professional and limited business activities have traditionally been
carried on in the home. This section recognizes that, when properly limited and regulated,
such activities can take place in a residential structure without changing the character of either
the neighborhood or the structure.
1. Use Limitations. In addition to all of the use limitations applicable to the district in
which it is located, no home occupation shall be permitted unless it complies with the
following restrictions:
A. Not more than one person who is not a resident on the premises shall be employed or
independently contracted to conduct work on the premises unless specifically permitted
elsewhere in this chapter.
B. No more than 50 percent, including storage area, of no more than one floor of the
dwelling unit, shall be devoted to the home occupation.
C. No alteration of the principal residential building shall be made which changes the
character and appearance thereof as a dwelling.
D. No stock of goods shall be displayed or sold on the premises in excess of storage area
available as defined in paragraph B of this subsection.
E. The home occupation shall be conducted entirely within the principal dwelling unit or
an approved accessory structure, and in no event shall such use be apparent from any public
way.
F. There shall be no outdoor storage of equipment or materials used in the home
occupation.
G. Not more than two commercially licensed vehicles used in connection with any home
occupation shall be parked on the property.
H. No mechanical, electrical, or other equipment that produces noise, electrical or
magnetic interference, vibration, heat, glare, or other nuisance outside the residence shall be
permitted.
I. No home occupation shall be permitted which is noxious, offensive, or hazardous by
reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other
particulate matter, odorous matter, heat, humidity, glare, refuse, radi ation, or other harmful,
objectionable emissions.
2. Home Occupations Permitted. Customary home occupations include, but are not
limited to, the following list of occupations; provided, however, each such home occupation
shall be subject to the use limitations set out in subsection 1 of this section.
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A. Providing instruction to not more than four students at a time. For private swim
lessons, the following provisions shall be observed:
(1) Hours of operation shall be limited to 8:00 a.m. through 5:00
p.m., Monday through Friday, and 10:00 a.m. through 4:00 p.m. on
Saturdays and 1:00 p.m. through 4:00 p.m. on Sundays.
(2) In addition to the residents of the premises, no more than
three outside employees or independent contractors shall be permitted
on the premises at any given time.
B. Office facilities for accountants, architects, brokers, doctors, dentists, engineers,
lawyers, insurance agents, and real estate agents.
C. Office facilities for ministers, priests, and rabbis.
D. Office facilities for salespersons, sales representatives, and manufacturer’s
representatives when no retail or wholesale sales are made or transacted on the premises.
E. Studio of an artist, photographer, craftsperson, writer, or composer.
F. Homebound employment of a physically, mentally, or emotionally handicapped
person who is unable to work away from home by reason of his or her disability.
G. Shop of a beautician, barber, hair stylist, dressmaker, or tailor.
H. Bed and breakfast establishments limited to not more than three guest rooms.
165.12 OUTDOOR STORAGE RESTRICTIONS.
1. Unlicensed Motor Vehicles. Outdoor storage of motor vehicles not currently licensed
shall be prohibited in all zoning districts, except motor vehicles held for sale by a licensed
motor vehicle dealer at the dealer’s place of business in a zoning district where motor vehicle
sales are permitted.
2. Miscellaneous Vehicles, Junk and Debris. No person shall park, place, keep or store,
or permit the parking or storage of a stock car, racing car, inoperable vehicle, vehicular
component parts, or miscellaneous junk and debris on any public or private property unless it
is in a completely enclosed building. This regulation does not apply to legitimate businesses
operating in a lawful place and manner; provided, however, such outside areas shall be
screened from public view.
165.13 VISIBILITY AT INTERSECTIONS. On a corner lot, nothing shall be erected,
placed, planted, or allowed to grow in such a manner as materially to impede vision between a
height of two and one-half and 10 feet above the centerline grades of the intersecting streets in
the area bounded by the street lines of such corner lots and a line joining points along said
street lines 25 feet from the point of intersection of right-of-way lines.
165.14 FENCES, WALLS AND HEDGES.
1. Specifications. Notwithstanding other provisions of these zoning regulations, fences,
walls, and hedges may be permitted in any required yard, or along the edge of any yard;
provided, no fence, wall, or hedge shall exceed four feet in height within the building se tback
area adjacent to any public right-of-way. Six-foot-high fences are allowed only outside front
yard building setback areas. (A “front” yard may be along the side or the rear of a home, if
adjacent to the street.) Fences, walls, and hedges in any di strict other than M-1, M-1A and M-
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2 districts not exceeding six feet in height are permitted within limits of side and rear yards.
In M-1, M-1A and M-2 districts, fences and walls shall not exceed a height of eight feet.
2. Attractiveness of Face of Fence. For all new fences, the face of the fence shall be
equally attractive on both sides. However, if one side of the fence is considered less attractive
because of structural members, etc., the less desirable side of the fence shall be directed
toward the developing property or away from the public right-of-way.
3. Double Frontage Lots. In the case of double frontage lots, the minimum setback on
the secondary front yard shall not be less than 10 feet provided no landscaping buffer exists
for a fence up to six feet in height. In the case that a landscape buffer exists, the minimum
setback shall not be less than the width of the landscape buffer easement. with an arterial or
collector street forming the rear property line for a fence up to six feet in height. Co rner Lots.
In the case of fences on corner lots, fences not exceeding six feet in height are permitted in the
secondary front yard provided a minmum setback of 20 feet from the property line is
maintained.
165.15 BUILDING LINES ON APPROVED PLATS. Whenever the plat of a land
subdivision approved by the City Council and on record in the office of the County
Recorder shows a building line along any frontage for the purpose of creating a front
yard or side street yard line, the building line thus shown shall apply along such
frontage in place of any other yard line required in these zoning regulations unless
specific yard requirements in these zoning regulations require a greater setback.
Building lines shall be measured at the foundation.
165.16 WIND ENERGY CONVERSION SYSTEMS.
1. Purpose. The purpose of this section is to allow and encourage the safe, effective, and
efficient use of small wind energy systems; identify locations in areas of the City which would
be least adversely impacted by the visual, aesthetic, and safety implications of their siting; and
enhance the ability of the providers of wind energy services to provide such services to the
community quickly, efficiently, and effectively.
2. Definitions.
A. “Blade” means an element of a wind turbine which acts as a part of an airfoil
assembly, thereby extracting, through rotation, kinetic energy directly from the wind.
B. “Climbing apparatus” means a fixed piece of equipment used to move an individual
up or down the tower.
C. “Height, total system” means the height above grade of the wind energy system,
including the tower generating unit, and the highest vertical extension of any blades or rotors.
Height shall be measured from the adjacent grade of the tower to the tip of the turbine (blade)
at its highest point.
D. “Meteorological equipment” means equipment primarily used to measure wind speed
and directions, including other data relevant to locating an operational wind energy conversion
system.
E. “Qualified professional” means an individual certified by the manufacturer of a wind
energy conversion system as qualified to install and/or maintain that manufacturer’s wind
energy conversion system.
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F. “Rotor diameter” means the diameter of the circle described by the moving rotor
blades.
G. “Shadow flicker” means alternating changes in light intensity caused by the moving
blade of a wind power generator casting shadows on the ground and stationary objects such as
the window of a dwelling.
H. “Tower” means a vertical structure that supports the electrical generator, rotor blades,
or meteorological equipment. Tower shall be limited to a single pole that is constructed
without the support of guywires.
I. “Wind energy conversion system” means a system consisting of at least one of the
following: a wind turbine, a tower, and associated control or conversion electronics, and
which is intended to reduce on-site consumption of utility power, is incidental and subordinate
to a permitted use on the same parcel, and has a rated capacity of up to 100 kilowatts. Wind
energy conversion systems shall not be permitted within any R-1, R-2, R-4, R-5 or R-6 zoning
district. No roof-mounted wind energy conversion system shall be allowed.
J. “Wind turbine” means any piece of electrical generating equipment that converts the
kinetic energy of blowing wind into electrical energy.
3. Accessory Use. A wind energy conversion system shall only be allowed as an
accessory use to a permitted principal use and shall require approval of a site plan by the
Council upon recommendation by the Commission prior to construction, installation,
alteration, or location of such structure. The Commission and Council may review a site plan
at any time if an approved system does not comply with the rules set forth in this section and
the conditions imposed by the Council upon recommendation by the Commission. The
Council, upon recommendation of the Commission, may set additional terms or time frame for
compliance for the wind energy conversion system. The owner/operator of the wind energy
system shall obtain all other permits required by federal, State, and local agencies prior to
construction of the system.
4. Public Notification. Following review of the site plan request for completion, the
director of development services shall set the Planning and Zoning Commission meeting date.
Notice will be sent to the surrounding property owners within 200 feet of the property having
the site plan considered. Notice shall be sent not less than seven days or more than 20 days
prior to the Commission meeting at which the site plan is first considered. The notice shall
contain the date, time, and location of the Commission meeting and Council meeting.
5. Site Plan Disapproval. In the case of a proposed site plan for a wind energy
conversion system, if the Commission disapproves of the site plan, such site plan shall require
the favorable vote of at least four-fifths of all of the members of the Council.
6. Bulk Regulations.
A. Minimum Lot Size. One acre minimum lot size required for any tower -mounted wind
energy conversion system.
B. Minimum Setback Requirements. All wind energy conversion systems shall require a
setback of 110 percent of the total system height from any property line.
C. Maximum Height. Height shall be measured from the adjacent grade of the tower to
the tip of the turbine (blade) at its highest point.
(1) For lots of one and fewer than three acres, the maximum
height shall be 60 feet.
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(2) For lots of three to seven acres, the maximum height shall be
80 feet.
(3) For lots of more than seven acres, the maximum height shall
be 100 feet.
D. Number of Systems Allowed. No more than one wind energy system may be placed
on any parcel.
E. Location.
(1) Tower-mounted wind energy conversion systems shall only
be located outside of any minimum building setback requirements.
(2) No part of a wind energy conversion system shall be located
within or over drainage, utility or other established easements, or on
or over property lines.
(3) A wind energy conversion system shall be in compliance with
the guidelines of the federal aviation administration (FAA)
regulations.
(4) No wind energy conversion system shall be constructed
within 20 feet laterally of an overhead electrical power line
(excluding secondary electrical service lines or service drops). The
setback from underground electric distribution lines shall be at least
five feet.
7. Minimum System Design Standards. The following standards are required of all wind
energy conversion systems and shall be deemed to be conditions of approval for every wind
energy system.
A. Color. The wind energy conversion system shall be white or light gray in color.
Other neutral colors may be allowed at the discretion of the Council upon recommendation of
the Commission. The surface of the structure shall be non-reflective.
B. Lighting. No lights shall be installed on the tower, unless required by the Federal
Aviation Administration (FAA).
C. Signs. One sign, limited to four square feet, shall be posted at or near the base of the
tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the
phone number of the property owner/operator to call in case of emergency. Such sign shall be
directly visible from any external fencing and/or landscaping. Brand names or advertising
associated with any installation shall not be visible from any public right-of-way.
D. Clearance of Blade Aboveground. No portion of the tower mounted wind energy
conversion system shall extend within 30 feet of the ground. No blades may extend over
parking areas, driveways or sidewalks.
E. Installation. Installation must be done by a qualified professional and according to
manufacturer’s recommendations.
F. Noise. The wind energy conversion system shall not exceed the requirements
established in Chapter 52 of this Code of Ordinances.
G. Use of Electricity Generated. A wind energy conversion s ystem shall be used
exclusively to supply electrical power for on-site consumption, except that when a parcel on
which a wind energy conversion system is installed also receives electrical power supplied by
a utility company, excess electrical power generated by the wind energy system and not
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presently needed for on-site use may be used by the utility company in accordance with
Section 199, Chapter 15.11(5) of the Iowa Administrative Code.
H. Automatic Over-Speed Controls. All wind energy conversion systems shall be
equipped with manual and automatic over-speed controls to limit the blade rotation speed to
within the design limits of the wind energy conversion system.
I. Electromagnetic Interference. All blades shall be constructed of a nonmetallic
substance. No wind energy conversion system shall be installed in any location where its
proximity with existing fixed broadcast, retransmission, or reception antenna for radio,
television, or wireless phone or other personal communication systems would produce
electromagnetic interference with signal transmission or reception. No wind energy
conversion system shall be installed in any location along the major axis of an existing
microwave communications link where its operation is likely to produce electromagnetic
interference in the link’s operation.
J. Interconnection. The wind energy conversion system, if interconnected to a utility
system, shall meet the requirements for interconnection and operation as set forth by the utility
and the Iowa Utilities Board.
K. Wind Access Easements. The enactment of this section does not constitute the
granting of an easement by the City. The owner/operator shall provide covenants, easements,
or similar documentation to assure sufficient wind to operate the wind energy conversion
system unless adequate accessibility to the wind is provided by the site.
L. Shadow Flicker. A shadow flicker model demonstrates that shadow flicker shall not
fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway
or a portion of a residentially zoned parcel may be acceptable if the flicker does not exceed 30
hours per year; and the flicker will fall more than 100 feet from an existing residence; or the
traffic volumes are less than 500 vehicles on the roadway. The shadow flicker model shall:
(1) Map and describe within a 1,000-foot radius of the proposed
dispersed wind energy system the topography, existing residences and
location of their windows, locations of other structures, wind speeds
and directions, existing vegetation and roadways. The model shall
represent the most probable scenarios of wind constancy, sunshine
constancy, and wind directions and speed.
(2) Calculate the locations of shadow flicker caused by the
proposed project and the expected durations of the flicker at these
locations, calculate the total number of hours per year of flicker at all
locations.
(3) Identify problem areas where shadow flicker will interfere
with existing or future residences and roadways and describe
proposed mitigation measures, including (but not limited to) a change
in siting of the wind energy conversion system, a change in the
operation of the wind energy conversion system, or grading or
landscaping mitigation measures.
M. Appearance. The property owner of any wind energy system shall maintain such
system in a safe and attractive manner, including replacement of defective parts, painting,
cleaning, and other acts that may be required for the maintenance and upkeep of the function
and appearance of such a system. The owner shall maintain the ground upon which the
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system is located in an orderly manner, such that is free of debris, tall grass and weeds, and
any structures remain quality in appearance.
N. Climbing Apparatus. The tower must be designed to prevent climbing within the first
10 feet.
8. Application Process. All applicants who wish to locate a wind energy system must
submit to the city’s development services department a plan including the following
information:
A. Complete property dimensions.
B. Location and full dimensions of all buildings existing on the property where the
system is located, including exterior dimensions, height of buildings, and all uses on the
property.
C. Location and distances of all buildings within 200 feet of the property and uses on
property.
D. Location and dimensions of any other natural or manmade features within 200 feet of
the property such as trees, ridges, highways, streets, bridges, and underpasses.
E. Location of all easements upon the property where the system is to be located.
F. Proposed location of tower, including height and setbacks from property lines.
G. Drawings, to scale, of the structure, including the tower, base, footings and guywires,
if any, and electrical components. The drawings and any necessary calculations shall be
certified by a licensed engineer as meeting the requirements of the City building codes.
H. Certification from a licensed engineer or qualified professional that the rotor and over
speed controls have been designed for the proposed use on the proposed site.
I. Evidence that the proposed wind energy conversion system model has an operational
history of at least one year.
J. Evidence that the applicant has notified the utility that the customer intends to install
an interconnected customer owned generator, and that the generator meets the minimum
requirements established by the utility and the Iowa Utilities Board. Off-grid systems are
exempt from this requirement.
K. Evidence that the wind energy conversion system does not violate any covenants of
record.
L. Evidence from a qualified professional that the site is feasible for a wind energy
conversion system, or that covenants, easements, and other assurances to document sufficient
wind to operate the wind energy conversion system have been obtained.
M. Evidence that the proposed wind energy conversion system will comply with
applicable federal aviation regulations, including any necessary approvals from the Federal
Aviation Administration.
N. Evidence that the applicant can obtain and maintain adequate liability insurance for
the facility.
O. A noise study, if applicable.
P. A shadow flicker model, if applicable.
Q. Any other evidence or information as required by the Commission and Council.
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9. Abandonment. Any wind energy system that is not operated for a period of 180
consecutive days shall be considered abandoned and shall constitute a nuisance. Within the
next 180 days, after notice from the City, the owner shall reactivate the tower or it shall be
dismantled and removed at the owner’s expense. Removal of the system includes the entire
structure including foundations, transmission equipment, and fencing from the property. If the
abandoned wind energy system is not removed in the specified amount of time, the City may
remove it and recover its costs from the wind energy conversion system owner or owner of the
ground upon which it is located.
10. New Technologies. Should new technology present itself within the term of any
permit or lease that is more effective, efficient, and economical, the permit holder may petition
the City to allow the upgrade, provided the upgrade does not alter the conditions set forth in
this section.
11. Liability and Damages. The owner/operator of a wind energy conversion system must
demonstrate adequate liability insurance. Upon the granting of a permit, the applicant shall
assume full responsibility for any and all damages, claims, expenses, liabilities, judgments and
costs of any kind, including reasonable attorney’s fees related to or caused by the erection,
location, use, or removal of a facility, whether on public or private property, an d shall agree to
hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments
entered against it as a result of the erection, location, use or removal of the facility.
12. Engineer Certification. Applications for wind energy conversion systems shall be
accompanied by standard drawings of the wind turbine structure, including the tower, base,
and footings. An engineering analysis of the tower showing compliance with the applicable
regulations and certified by a licensed professional engineer shall also be submitted. For roof
mounted structures, an engineering analysis of the mounting method showing compliance with
all applicable regulations and certified by a licensed professional engineer shall also be
submitted.
13. Utility Notification. A wind energy conversion system shall not be installed until
evidence has been given that the utility company has been informed of the customer’s intent to
install an interconnected customer-owned generator.
14. Inspections. At least every 24 months, every tower shall be inspected by a qualified
professional who is regularly involved in the maintenance, inspection and/or erection of
towers. At a minimum, this inspection shall be conducted in accordance with the tower
inspection checklist provided in the electronics industries association (EIA) standard 222,
Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of
the inspection record shall be provided to the City.
165.17 TEMPORARY USES. The City recognizes that in certain instances, some
flexibility to allow activities or uses on a limited duration out of the confines of a building can
be beneficial to business interests, as well as the consumers and the City alike, provided such
events continue to promote the public health, safety and general welfare. These regulations
are intended to prescribe the conditions under which limited duration temporary sales may be
permitted on private property, public property, parks, sidewalks and streets.
1. Definitions. For the purpose of this section, the following terms have or include the
following meanings:
A. “Temporary use” means any sales in any nonresidential district, including (but not
limited to) the sales of fresh fruits/vegetables, baked goods, and hand crafted items, provided
such use is authorized in such Zoning District.
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B. “Temporary structures” means any constructed or erected structure, including (but not
limited to) a shed, building, vehicle, trailer, tent, or enclosure of any kind used for commercial
or business purposes and which any person or business intends to place on the same lot with
or on any lot adjacent to, any permanent structure used for business or commercial purposes.
C. “Garden center” means a place of business where retail and wholesale products and
produce are sold. The items sold may include, but are not limited to, plants, nursery products,
potting soil, and gardening tools and utensils.
D. “Produce stands” means a temporary structure used for the display and sale of raw
fruits and vegetables.
E. “Food/beverage stand” means a temporary structure used for the display and sale of
prepared food and beverages.
2. Uses Exempt from Temporary Use Permits.
A. Farmer’s markets sponsored by the City of Waukee or the Downtown Business
Association.
B. Produce stands that meet the following conditions:
(1) The temporary structure and sales area shall not exceed more
than two parking spaces or 360 square feet.
(2) The site area shall be cleaned of debris, temporary structures,
and any other objects associated with the temporary use at the end of
each business day.
(3) No sign permit is required for temporary signage, provided
the sign shall not be placed within the public right-of-way and the
sign shall not exceed 12 square feet in total size.
(4) The vendor shall acquire permission from the property owner
prior to any temporary use on the property.
(5) Produce stands shall conform to the requirements set forth in
subsection 3 of this section.
3. General Regulations. The following regulations shall apply to all temporary uses:
A. Permitted Zones. A temporary sales use is authorized for consistent uses permitted in
each respective nonresidential zoning district subject to the requirements of this chapter and
all other federal, State and local ordinances and regulations.
B. No temporary use shall exceed a period of more than six months of a 12-month
period, unless otherwise specified by the Administrative Official.
C. All temporary structures shall conform to the zoning setback requirements.
D. The proposed temporary use shall not affect the driveway access or traffic circulation
on the property.
E. The applicant shall provide, as determined by the Administrative Official, adequate
facilities for disposal of trash and waste, e.g. grease, associated with the temporary use.
F. Permanent sanitary facilities located within an adjacent building shall be made
available to all employees of the activity during its operational hours, as approved by the
Administrative Official, in concurrence with the County Health Department, unless stipulated
otherwise in this chapter.
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G. Demonstrate compliance with federal, State and local law.
4. Temporary Use Regulations. A permit may be issued for the following temporary
uses when the following criteria are met:
A. Produce stands that do not meet the qualifications set forth in subsection 2 of this
section.
B. Garden Centers.
(1) Maximum Square Footage. Site-by-site basis.
(2) Restrictions on Merchandise and Products. This use is
limited to the display of green goods, i.e., plants, and associated
garden products determined to be consistent with the intent of a
garden center (may be extended to the sale of Christmas trees), with
the approval of the Administrative Official.
(3) Safety Standards. In order to promote the safety of the
patrons of these facilities, patrons of nearby permanent facilities,
motorists and pedestrians the following shall be required.
a. All sales areas shall be separated from vehicular uses
by the placement of a fence or barrier acceptable to the
Administrative Official to prevent pedestrian and vehicular
conflicts.
b. Temporary drive aisles shall be maintained at a
minimum of 12 feet in width for one-way traffic and 24 feet
in width for two-way traffic. Barriers, fencing, or some other
physical markers shall clearly inform drivers at the end of the
parking area and the start of the drive aisle. A clear line of
sight shall be maintained at the entrance and exit of the
temporary drive aisles.
c. Vehicle loading areas shall be located in an area that
minimizes pedestrian and vehicle conflict and provides for
the safe loading of merchandise and vehicles access to and
from the traffic lanes to the loading area, preferably without
backing movements.
C. Food/Beverage Stands.
(1) Maximum Square Footage. 360 square feet.
(2) Health Standards and Licensing. The applicant must obtain
licensing, liquor permits, certificates of inspection, or other
documentation necessary to comply with all applicable requirements
of the State, County, or municipality regarding health standards.
a. Water Service. The structure used for dispensing of
food and beverage shall provide self-contained hot and cold
running water with appropriate holding facilities of
wastewater.
b. Wastewater Disposal. Any wastewater shall be
collected and disposed in a manner acceptable to the City and
shall be explained in the application for a permit.
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(3) Cleanup. The site area shall be cleaned of debris, temporary
structures and any other objects associated with the temporary use
within three days after the termination of sales.
(4) Signage. All signage associated with temporary uses shall
comply with the regulations of Chapter 167 (Sign Regulations) of this
Code of Ordinances.
(5) Parking Spaces. The number of additional parking spaces
required and the location of such shall be determined by the
Administrative Official. The maximum number of permanent parking
spaces allowed to be used for operation of an extended use shall not
exceed 20 percent of the parking on a site plan that was approved by
the City to be counted toward the allowable size of the activity or 20
percent of the site area, whichever is more restrictive.
(6) Documentation. Proof of ownership or a signed letter from
either the property owner or their authorized representative, for the
property on which the activity is to take place, shall be presented at
the time the temporary use permit is requested.
(7) Plan. A plan of the layout of the proposed temporary use
shall be submitted to the Development Services Department with the
application, to be reviewed and approved by the Administrative
Official. The layout shall identify the following:
a. The area on the site proposed to be utilized as part of
the temporary use and associated sales area.
b. Proposed modifications to the traffic patterns and
methods proposed to notify patrons and identify the
temporary traffic pattern changes, e.g., signage, traffic cones,
fencing and barriers, etc.
c. Proposed vehicle loading zone.
d. Location of electrical connection and water
connection, if applicable.
5. Other Temporary Uses. For any other temporary use for the sale of goods and
services, which use has not been addressed previously in this chapter, a permit may be issued
when the following criteria are met:
A. All other temporary uses shall conform to the requirements set forth in subsections
4(C)(3) through (7).
B. Temporary uses related to the sale of combustible materials shall not be located closer
than 100 feet from the nearest permanent structure.
C. All applicants shall be responsible for submitting a site plan following the
requirements set forth in Chapter 160 of this Code of Ordinances. Such site plan shall require
approval by the City Council.
D. Maximum Space: 360 square feet.
E. Comply with all other requirements of federal, State and local law.
6. Violations and Penalties. The operation of a temporary use is a privilege allowed by
this section. A temporary use permit may be revoked and terminated at any time by order of
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the Administrative Official, Fire Chief, Police Chief, or Building Official if the temporary use
is deemed to be a life safety hazard toward pedestrians, vehicles, or property, or if the
temporary use fails to comply with the terms of the permit or other City Ordinances.
165.18 SOLAR ENERGY SYSTEMS.
1. Purpose. The purpose of this section is to balance the need for clean, renewable
energy resources and the necessity to protect the public health, safety and welfare of the
community. The City finds these regulations are necessary to ensure that solar energy systems
are appropriately designed, sited and installed.
2. Definitions.
A. “Collector panel” means an equipment assembly used for gathering, concentrating, or
absorbing solar energy as useful thermal energy or to generate electric energy.
B. “Height, total building mounted system” means the height above the roof surface
measured perpendicular to the roof specific to the installation on a sloped roof or the height
above the roof surface specific to the installation on a flat roof.
C. “Height, total ground mounted system” means the height above grade of the system
from the highest point, including the supporting structure, related equipment and the collector
panels. Adjustable angle systems will be measured from the highest point when the system is
at its maximum vertical extension.
D. “Large solar energy system” (LSES) means a solar energy system which has a
nameplate rated capacity of over 15 kilowatts in electrical energy or 50 KBTU of thermal
energy for non-single-family residential uses and districts and which is incidental and
subordinate to a principal use on the same parcel. A system is considered an LSES only if i t
supplies electrical power or thermal energy solely for use by the owner on the site, except that
when a parcel on which the system is installed also receives electrical power supplied by a
utility company, excess electrical power generated and not presently needed by the owner for
on-site use may be used by the utility company in accordance with 199 IAC 15.11(5), as
amended from time to time.
E. “Off grid” means an electrical system that is not connected to a utility distribution
grid.
F. “Small solar energy system” (SSES) means a solar energy system which has a
nameplate rated capacity of up to 15 kilowatts in electrical energy or 50 KBTU of thermal
energy for residential uses and districts and which is incidental and subordinate to a principal
use on the same parcel. A system is considered an SSES only if it supplies electrical power or
thermal energy solely for use by the owner on the site, except that when a parcel on which the
system is installed also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed by the owner for on -site use may be used
by the utility company in accordance with 199 IAC 15.11(5), as amended from time to time.
G. “Solar access” means a property owner’s right to have sunlight shine on his land.
H. “Solar energy” means radiant energy received from the sun at wavelengths suitable
for heat transfer, photosynthetic use or photovoltaic use.
I. “Solar energy system, building integrated” means a solar photovoltaic system that is
constructed as an integral part of a principal or accessory building and where the collector
component maintains a uniform profile or surface with the building’s vertical walls, window
openings, and roofing. Such a system is used in lieu of an architectural or structural
component of the building. A building integrated system may occur within vertical facades,
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replacing glazing or other facade material; into semitransparent skylight systems; into roofing
systems, replacing traditional roofing materials; or other building or structure envelope
systems. To be considered a building integrated solar energy system, the appearance of the
collector components must be consistent with the surrounding materials.
J. “Solar energy system, building mounted” means a solar energy system which is
securely fastened to any portion of a building roof, whether attached directly to the principal
or accessory building.
K. “Solar energy system, ground mounted” means a solar energy system which is not
located on a building and is ground mounted.
L. “Solar energy system” (SES) means an aggregation of parts including the base,
supporting structure, photovoltaic or solar thermal panels, inverters and accessory equipment
such as utility interconnect and battery banks, etc., in such configuration as necessary to
convert radiant energy from the sun into mechanical or electrical energy.
M. “Utility scale solar energy system” means a solar energy system which supplies
electrical power or thermal energy solely for use by off-site consumers.
3. General Regulations. A solar energy system (SES) shall only be allowed as an
accessory use to a permitted principal use as follows:
A. A building integrated system.
B. A building mounted system attached to the roof of an accessory or primary structure.
C. A ground mounted system as a detached accessory structure to a primary structure
shall only be allowed on property zoned commercial or industrial with a minimum lot size of
two acres.
D. Large solar energy systems (LSES) shall only be allowed on property zoned
industrial.
E. Utility scale solar energy systems are not allowed.
4. Permit Required. It is unlawful to construct, erect, install, alter or locate any solar
energy system (SES) within the City of Waukee, unless approved with:
A. Building permit in A-1, R-1 and R-2 zoning districts.
B. Site plan, major or minor modification to a site plan permit for all other zoning
districts.
C. The owner/operator of the SES must also obtain any other permits required by other
federal, state and local agencies/departments prior to erecting the system.
5. Installation. Installation must be done according to manufacturer’s recommendations.
All work must be completed according to the applicable building, fire and electric codes. All
electrical components must meet code recognized test standards.
6. Engineer Certification. Applications for any SES shall be accompanied by standard
drawings of the receiving structure if newly constructed, including the supporting frame and
footings. For systems to be mounted on existing buildings, an engineering analysis showing
sufficient structural capacity of the receiving structure to support the SES per the applicable
code regulations, certified by an Iowa licensed professional engineer shall be submitted.
7. Color. The SES shall be a neutral color. All surfaces shall be nonreflective to
minimize glare that could affect adjacent or nearby properties. Measures to minimize
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nuisance glare may be required including modifying the surface material, placement or
orientation of the system, and if necessary, adding screening to block glare.
8. Lighting. No lighting other than required safety lights or indicators shall be installed
on the SES.
9. Signage. No advertising or signage other than required safety signage and equipment
labels shall be permitted on the SES.
10. Maintenance. Facilities shall be well maintained in an operational condition that
poses no potential safety hazard. Should the SES fall into disrepair and be in such dilapidated
condition that it poses a safety hazard or would be considered generally offensive to the senses
of the general public, the SES may be deemed a public nuisance and may be abated in
accordance with Chapter 50 of this Code of Ordinances.
11. Displacement of Parking Prohibited. The location of the SES shall not result in the
net loss of required parking as specified in Chapter 168 of this Code of Ordinances.
12. Utility Notification. No SES that generates electricity shall be installed until evidence
has been given that the utility company has been informed of and is in agreement with the
customer’s intent to install an interconnected customer owned generator. Off grid systems
shall be exempt from this requirement.
13. Interconnection. The SES, if interconnected to a utility system, shall meet the
requirements for interconnection and operation as set forth by the utility and the Iowa utilities
board.
14. Restriction on Use of Energy Generated. An SES shall be used exclusively to supply
electrical power or thermal energy for on-site consumption, except that excess electrical power
generated by the SES and not presently needed for on-site use may be used by the utility
company in accordance with 199 IAC 15.11(5).
15. Shutoff. A clearly marked and easily accessible shutoff for any SES that generates
electricity will be required as determined by the Fire Department.
16. Electromagnetic Interference. All SESs shall be designed and constructed so as not to
cause radio and television interference. If it is determined that the SES is causing
electromagnetic interference, the operator shall take the necessary corrective action to
eliminate this interference including relocation or removal of the facilities, subject to the
approval of the appropriate City authority. A permit granting an SES may be revoked if
electromagnetic interference from the SES becomes evident.
17. Solar Access Easements. The enactment of this section does not constitute the
granting of an easement by the City. The owner/operator may need to acquire covenants,
easements, or similar documentation to assure sufficient solar exposure to operate the SES
unless adequate accessibility to the sun is provided by the site. Such covenants, easements, or
similar documentation is the sole responsibility of the owner/operator. Should the
owner/operator pursue a solar access easement, the extent of the solar access should be
defined and the easement document executed in compliance with the regulations contained in
Chapter 564A (access to solar energy) of the Code of Iowa.
18. Compliance with National Electric Code. Applications for SESs shall be
accompanied by a line drawing of the electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to the National Electrical Code.
19. Removal. If the SES remains nonfunctional or inoperative for a continuous period of
one year, the system shall be deemed to be abandoned. The owner/operator shall remove the
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abandoned system at their expense. Removal of the system includes the entire structure,
collector panels and related equipment from the property excluding foundations. Should the
owner/operator fail to remove the system, the SES will be considered a public nuisance and
will be abated in accordance with Chapter 50 of this Code of Ordinances.
20. Screening. SESs that are visible from the public thoroughfare or adjacent properties
that are located on flat roofs will require screening in accordance to regulations for screening
of mechanical units noted in Chapter 160, Site and Building Development Standards, of this
Code of Ordinances. The need for and type of screening to be used shall be identified as part
of the building permit, major or minor modification to a site plan or site plan permit submittal.
SESs located on a sloped roof shall not be required to be screened.
21. Nonconforming Systems. An SES that has been installed on or before the effective
date of this section and is in active use and does not comply with any or all of the provisions
of this section shall be considered a legal nonconforming structure and will be regulated by the
provisions noted in Section 165.03 of this Code of Ordinances.
22. Unsafe Condition. Nothing in this section shall be deemed to prevent the
strengthening or restoring to a safe condition any SES or associated building or structure, or
part thereof declared to be unsafe by the appropriate authority.
23. Bulk Regulations.
A. Location of Ground Mounted SES:
(1) No part of an SES shall be located within or over drainage,
utility or other established easements, or on or over property lines.
(2) The SES shall be located in accordance to the regulations for
detached accessory structures in this chapter or not less than one foot
from the property line for every one foot of the system height
measured at its maximum height, whichever is most restrictive.
(3) An LSES cannot be located in the front yard setback.
(4) An SES shall not be located in any required buffer.
(5) The setback from underground electric distribution lines shall
be at least five feet.
(6) No SES shall be located which may obstruct vision between a
height of 30 inches and 10 feet on any corner lot within a vision
triangle of 25 feet formed by intersecting street right-of-way lines.
B. Location of Building Mounted SES:
(1) The solar energy system shall be set back not less than one
foot from the exterior perimeter of the roof for every one foot the
system extends above the parapet wall or roof surface.
(2) Should the solar energy system be mounted on an existing
structure that does not conform to current setback requirements, the
solar energy system shall be installed to meet the current setback
requirements applicable to the receiving structure.
(3) The systems shall be designed to minimize their visual
presence to surrounding properties and public thoroughfares. Panel
arrangement shall take in account the proportion of the roof surface
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and place the panels in a consistent manner without gaps unless
necessary to accommodate vents, skylights or equipment.
(4) Access pathways for the SES shall be provided in accordance
to all applicable building, fire and safety codes.
(5) The systems shall be located in such a manner that fall
protection railings are not required or are not visible from the public
thoroughfare.
C. Location of Building Integrated SES.
(1) No setback required.
(2) Access pathways for the SES shall be provided in accordance
to all applicable building, fire and safety codes.
(3) Shall be located in such a manner that fall protection railings
are not required or are not visible from the public thoroughfare.
D. No SES shall be constructed within 20 feet laterally of an overhead
electrical power line (excluding secondary electrical service lines or service
drops).
E. Height of Ground Mounted SES. The maximum height of the SES
shall not exceed 20 feet in height as measured from existing grade.
F. Height of Building Mounted SES:
(1) The collector panel surface and mounting system shall not
extend higher than 18 inches above the roof surface of a sloped roof.
(2) The collector panel surface and mounting system shall not
extend higher than seven feet above the roof surface of a flat roof.
G. Height of Building Integrated SES. The collector panel shall
maintain a uniform profile or surface with the building’s vertical walls,
window openings, and roofing.
H. Calculation of Size. Size of the SES is calculated by measuring the
total surface area of the collector panels for the system.
I. Size of Ground Mounted SES:
(1) The SES is restricted in size to no more than 50 percent of the
area of the primary structure footprint.
(2) The maximum length of an individual ground mounted SES
shall be restricted to 125 feet.
J. Size of Building Mounted SES. System size will be determined by
the available roof area subject to the installation minus the required setbacks
or access pathways.
K. Size of Building Integrated SES. System size will be determined by
the available building surface area subject to the installation minus the
required access pathways.
L. In no case shall an SSEs exceed the nameplate rated capacity of 15
kilowatts or 50 KBTU.
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24. Application Required. Application for an SES shall be made on forms provided by
the City of Waukee. No action may be taken regarding requests for SESs until completed
applications have been filed and fees paid.
165.19 URBAN CHICKENS
1. Definitions.
A. “Chicken” means a member of the subspecies Gallus gallus domesticus, a
domesticated fowl.
B. “Chicken Run” means an enclosed, fenced area exclusively devoted to raising
chickens.
C. “Chicken Tractor” means a lightweight portable chicken coop without a solid
floor that allows the chickens to forage for weeds and insects.
D. “Henhouse” means a hen house or chicken coop structure where female
chickens are kept.
E. “Permittee” means an applicant who has been granted a permit to raise,
harbor, or keep chickens pursuant to this Chapter. If the applicant does not own the
property where the chickens are to be kept, the owner of the property must be the joint
permittee.
F. “Permitting Officer” means the Administrative Official or designee.
G. “Tract of land” shall mean a property with a R-1 Single Family Residential
District or R-2 One and Two Family Residential District zoned lot that has one single
family dwelling located on that property or zoned lot.
H. “Urban Chicken” means a chicken kept on a permitted tract of land pursuant
to a permit issued under this chapter.
2. Administration – Permit Required.
A. Permit Required. No person shall raise, harbor or keep chickens within the
City of Waukee without a valid permit obtained from the Permitting Officer under the
provisions of this chapter.
B. Application. In order to obtain a permit, an applicant must submit a
completed application on forms provided by the Permitting Officer and pay all fees
required as approved from time to time by resolution of the City Council.
C. Requirements. The requirements to receive a permit shall include:
(1) All requirements of this chapter being met.
(2) All fees, as may be provided for from time to time by City Council
resolution, for the permit are paid in full.
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(3) All amounts owed to the city, including but not limited to liens, fines
and judgements must be paid in full.
(4) The tract of land to be permitted shall contain only one single family
dwelling occupied and used as such by the permittee. Owner permission shall
be required if the single family dwelling is occupied by someone other than
the owner.
(5) The applicant has successfully completed an approved class in raising
chickens in an urban setting. A certificate or other documentation of
completion shall be provided to the Permitting Officer. The Permitting
Officer shall maintain a current list of such approved classes.
D. Issuance of Permit. If the Permitting Officer concludes as a result of the
information contained in the application that the requirements for a permit have been
met, then the officer shall issue the permit.
E. Denial, Suspension, Revocation, Non-Renewal. The Permitting Officer may
deny, suspend, revoke, or decline to renew any permit issued for any of the following
grounds:
(1) False statements on any application or other information or report
required by this section to be given by the applicant;
(2) Failure to pay any application, penalty, re inspection or reinstatement
fee required by this section or city council resolution;
(3) Failure to correct deficiencies noted in notices of violation in the time
specified in the notice;
(4) Failure to comply with the provisions of an approved
mitigation/remediation plan by the Permitting Officer, or designee;
(5) Failure to comply with any provision of this chapter.
F. Notification. A decision to revoke, suspend, deny or not renew a permit shall
be in writing, delivered by ordinary mail or in person to the address indicated on the
application. The notification denial or revocation.
G. Effect or Revocation, etc. When an application for a permit is denied, or
when a permit is revoked, the applicant may not re-apply for a new permit for a period
of one (1) year from the date of the denial or revocation.
H. Appeals. No permit may be denied, suspended, revoked, or not renewed
without notice and an opportunity to be heard is given the applicant or holder of the
permit. In any instance where the Permitting Officer has denied, revoked, suspended,
or not renewed a permit, the applicant or holder of Urban Chicken may appeal the
decision to the City Administrator, or designee other than the Permitting Officer
within ten (10) business days of receipt by the applicant or holder of the permit of the
notice of the decision. The applicant or holder o fhte permit will be given an
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opportunity for a hearing. The decision of the officer hearing the appeal, or any
decision by the Permitting Officer which is not appealed in accordance to this chapter
shall be deemed final action.
3. Number and Type of Chickens Allowed. A maximum of six female chickens (hens)
are allowed for each tract of land one half (1/2) acre or less. For a tract of land greater than
one-half (1/2) acre, an additional six female chickens (hens) are allowed for each additional
one-half (1/2) acre up to a maximum of thirty (30) female chickens (hens).
February 18, 2020 – Ordinance 2952
4. Zoning Districts Allowed. Permits will be granted only for tracts of land located in a
R-1 or R-2 residential district as identified on the current Official Zoning Map on file with the
City of Waukee.
5. Non-Commercial Use Only. A permit shall not allow the permittee to engage in
chicken breeding or fertilizer production for commercial purposes.
6. Enclosures.
A. Chickens must be kept in enclosure or fenced area at all times. Chickens shall
be secured within a henhouse or chicken tractor during non-daylight hours.
B. Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition
at all times.
C. Henhouses, chicken tractors and chicken pens must provide adequate
ventilation and adequate sun and shade and must be impermeable to rodents, wild
birds and redators, including dogs and cats.
D. Henhouses and chicken tractors.
(1) Henhouses and chicken tractors shall be designed to provide safe and
healthy living conditions for the chickens with a minimum of four (4) square
feet per bird while minimizing adverse impacts to other residents in the
neighborhood.
(2) A henhouse or chicken tractor shall be enclosed on all sides and shall
have a roof and doors. Access doors shall be able to be shut and locked at
night. Opening windows and vents shall be covered with predator and bird
proof wire of one inch or smaller openings.
(3) The materials used in making a henhouse or chicken tractor shall be
uniform for each element of the structure such that the walls are made of the
same material, the roof has the same shingles or other covering, and any
windows or openings are constructed using the same materials. The use of
scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses
and chicken tractors shall be well maintained.
(4) Henhouses, chicken tractors and chicken pens shall only be located in
the rear yard.
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(5) Henhouses, chicken tractors and chicken pens must be located at least
ten (10) feet from the property line and at least twenty-five (25) feet from any
adjacent residential principal structure and shall meet all other accessory
structure provisions of the zoning ordinance.
7. Odor and Noise Impacts.
A. Odors from chickens, chicken manure or other chicken related substances
shall not be perceptible beyond the boundaries of the permitted tract of land.
B. Noise from chickens shall not be loud enough beyond the boundaries of the
permitted tract of land at the property boundaries to disturb persons of reasonable
sensitivity.
8. Predators, Rodents, Insects and Parasites. The Permittee shall take necessary action to
reduce the attraction of predators and rodents and the potential infestation of insects and
parasites. Chickens found to be infested with insects and parasites that may result in
unhealthy conditions to human habitation may be removed by the City Health Officer.
9. Feed and Water. Chickens shall be provided with access to feed and clean water at all
times. The feed and water shall be unavailable to rodents, wild birds and predators.
10. Waste Storage and Removal. All stored manure shall be covered by a fully enclosed
structure with a roof or lid over the entire structure. No more than three (3) cubic feet of
manure shall be stored on the permitted tract of land. All other manure not used for
composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and
surrounding area must be kept free from trash and accumulated droppings, Uneaten feed shall
be removed in a timely manner.
11. Chickens at Large. The Permittee shall not allow the Permittee’s chicken’s to roam
off the permitted tract of land. No dog or cat or other domesticated animal which kills a
chicken off the permitted tract of land will, for that reason alone, not be considered a
dangerous or aggressive animal or the city’s responsibility to enforece its animal control
provisions.
12. Unlawful Acts.
A. It shall be unlawful for any person to keep chickens in violation of any
provision of this chapter or any other provision of the Waukee Municipal Code.
B. It shall be unlawful for any owner, renter or leaseholder of property to allow
chickens to be kept on the property in violation of the provisions of this article.
C. No person shall keep chickens inside a single family dwelling unit or any
other structure than an approved henhouse or chicken tractor.
D. No person shall slaughter any chickens within the City of Waukee outside of
legally operating poultry production facilities.
E. No person shall keep a rooster.
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F. No person shall keep chickens on a vacant or uninhabited tract of land.
13. Nuisances. Any violation of the terms of this chapter that constitutes a health hazard
or that interferes with the use or enjoyment of neighboring property is a nuisance and may be
abated under the general nuisance abatement provisions of the Waukee Municipal Code.
November 18, 2019 – Ordinance 2943
165.20 EXCEPTIONS, MODIFICATIONS AND INTERPRETATIONS.
1. Structures Permitted Above Height Limit. No permit will be issued for any structure
above district height limits, except as specifically approved by the City Council.
2. Double Frontage Lots. Buildings on through lots and extending through from street to
street shall provide the required front yard on both streets.
3. Rear and Side Yards Adjacent to Alleys. In computing the depth of a rear yard or the
width of a side yard where the rear or side yard opens to an alley, one-half of the alley width
may be included as a portion of the rear or side yard, as the case may be.
4. Other Exceptions to Yard Requirements. Every part of a required yard shall be open
to the sky unobstructed with any building or structure, except for a permitted accessory
building in a rear yard, and except for ordinary projections, not to exceed 24 inches, including
roof overhang.
5. Front Yard; Exceptions. In areas where some lots are developed with a front yard that
is less than the minimum required for the district by these zoning regulations or where some
lots have been developed with a front yard greater than required by these zoning regulations,
the following rule shall apply. Any new building or addition in front thereof shall not be
closer to the street right-of-way than the average of the front yard of the first building on each
side within a distance of 200 feet, measured from building to building, except as follows:
A. Buildings located entirely on the rear half of a lot shall not be counted.
B. No buildings shall be required to have a front yard greater than 50 feet.
C. If no building exists on one side of a lot within 200 feet of the lot in question, the
minimum front yard shall be the same as the building on the other side.
6. Zoning of Annexed Areas. Any land annexed to the City after the effective date
hereof shall be zoned A-1 Agricultural until the Commission and Council shall have studied
the area and adopted a final zoning plan for the area in accordance with Section 166.20 of
these zoning regulations.
7. Exceptions to Prohibited Uses. The Council may, by special permit after public
hearing, authorize the location of any of the following buildings or uses in any district from
which they are prohibited by these zoning regulations. Notice of time and place of hearing
shall be given to all affected property owners within 200 feet at least 7 days in advance of
hearing by placing notice in the United States mail.
A. Any public building erected and used by any department of the City, Township,
County, State or federal government.
B. Airport or landing field.
C. Community building or recreation center.
D. Hospitals, nonprofit fraternal institutions (provided they are used solely for fraternal
purposes), and institutions of an educational, religious, or philanthropic character; provided,
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the building shall be set back from all yard lines a distance of not less than two feet for each
foot of building height, but not less than the yard requirements for the district in which
located.
E. Public cemetery.
Before issuance of any special permit for any of the buildings or uses listed in this
subsection, the Council shall refer the proposed application to the Commission, which
shall be given 45 days in which to make a report regarding the effect of such proposed
building or use upon the character of the neighborhood, traffic conditions, public
utility facilities and other matters pertaining to the general welfar e. No action shall be
taken upon any application for a proposed building of use above referred to until and
unless the report of the Commission has been filed; provided, however, if no report is
received from the Commission within 45 days, it shall be assumed that the approval of
the application has been given by the Commission.
8. Use of Existing Lots of Record. In any district where dwellings are permitted, a
dwelling may be located on any lot of record as of the effective date hereof irrespective of its
area or width; provided, however:
A. The sum of the side yard widths of any such lot or plot shall not be less than 20
percent of the width of the lot, but in no case less than 10 percent of the width of the lot or five
feet, whichever is greater, for any one side yard.
B. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of
the lot, but in no case less than 20 feet.
9. Water and Sewage Requirements.
A. In any district in which residences are permitted, except the A-1 and AR districts, and
where neither public water supply nor public sanitary sewer is available, the minimum lot area
and frontage requirements shall be as follows:
(1) Lot Area – 20,000 square feet;
(2) Lot Width at Building Line – 100 feet;
provided, however, that where a public water supply system is available, these
requirements shall be 15,000 square feet, and 100 feet, respectively.
B. The above requirements shall not apply in subdivision developments providing private
common water supply and sewage collection and disposal systems that have been approved by
the Iowa Department of Natural Resources.
C. In all districts where a proposed building, structure, or use will involve the use of
private sewage facilities, and public sewer and/or water is not available, the sewage di sposal
system and domestic water supply shall comply with all of the requirements and standards of
the Dallas County Board of Health.
165.21 ILLUSTRATIONS. See the following pages for various illustrations, which are
applicable to the provisions of these zoning regulations:
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CELLAR, BASEMENT, HALF STORY, STORY
BUILDING HEIGHTS
42
LOT AND YARD DEFINITIONS
43
SIGN TYPES
SIGN AREAS
44
MINIMUM SETBACK
AVERAGE SETBACK
BUILDING SETBACK LINES
45
PARKING STALL REQUIREMENTS
Degree of
Angle
Stall to Curb
(A)
Aisle Width
(B)
Curb Length
(C)
0 9.0 feet 12 feet 20 feet
45 19.83 feet 13 feet 12.75 feet
60 21 feet 18 feet 10.5 feet
90 19 feet 24 feet 9 feet
TYPICAL PARKING LOT LAYOUT
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MOBILE HOME PARK SETBACK LINES
(repeal Chapter 301, replace in entirety) July 15, 2019 – Ordinance 2932
CHAPTER 169
ZONING REGULATIONS
DISTRICT REGULATIONS
169.01 Districts Established 169.17 C-2 Downtown Village District
169.02 Official Zoning Map 169.18 C-4 Office Park Commercial District
169.03 Rules for Interpretation of District Boundaries 169.19 K-MF-Row House Kettlestone Multi-Family Row
169.04 Application of District Regulations House District
169.05 A-1 Agricultural District 169.20 K-MF-Stacked Med Kettlestone Multi-Family
169.06 AR Single-Family Acreage District Stacked Medium District
169.07 R-1 Single-Family Residential District 169.21 K-MF-Stacked High Kettlestone Multi-Family
169.08 R-2 One- and Two-Family Residential District Stacked High District
169.09 R-3 Rental Multi-Family Residential District 169.22 K-MU Kettlestone Mixed Use District
169.10 R-3A Owner-Occupied Multi-Family Residential 169.23 K-RN Kettlestone Retail Neighborhood District
District 169.24 K-RC Kettlestone Retail Community District
169.11 R-4 Row Dwelling and Townhome Dwelling District 169.25 K-RR Kettlestone Retail Regional District
169.12 R-5 Planned Unit Development District 169.26 K-OF Kettlestone Office District
169.13 R-6 Mobile Home Residential District 169.27 M-1 Light Industrial District
169.14 C-1 Community and Highway Service 169.28 M-1A Limited Industrial District
Commercial District 169.29 M-2 Heavy Industrial District
169.15 C-1A Neighborhood Commercial District 169.30 PD Planned Development District
169.16 C-1B Large Scale Commercial District 169.31 COS Conservation and Open Space District
169.01 DISTRICTS ESTABLISHED. For the purpose of these zoning regulations, the
following classes of districts are hereby established within the City, as shown on the official
zoning map, which, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of these zoning regulations:
A-1 Agricultural District
AR Single-Family Acreage District
R-1 Single-Family Residential District
R-2 One- and Two-Family Residential District
R-3 Rental Multi-Family Residential District
R-3A Owner-Occupied Multi-Family Residential District
R-4 Row Dwelling and Townhome Dwelling District
R-5 Planned Unit Development District
R-6 Mobile Home Residential District
C-1 Community and Highway Service Commercial District
C-1A Neighborhood Commercial District
C-1B Large Scale Commercial District
C-2 Downtown Village District
C-4 Office Park Commercial District
K-MF-Row House Kettlestone Multi-Family Row House
K-MF-Stacked Med Kettlestone Multi-Family Stacked Medium
K-MF-Stacked High Kettlestone Multi-Family Stacked High
K-MU Kettlestone Mixed-Use
K-RN Kettlestone Retail Neighborhood
K-RC Kettlestone Retail Community
K-RR Kettlestone Retail Regional
K-OF Kettlestone Retail Office
M-1 Light Industrial District
M-1A Limited Industrial District
M-2 Heavy Industrial District
COS Conservation and Open Space District
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
PD-1 Planned Development District (Overlay)
169.02 OFFICIAL ZONING MAP.
1. The Official Zoning Map is identified by the signature of the Mayor, attested
by the City Clerk, under the following words: “This is to certify that this is the
Official Zoning Map referred to in Chapter 169 of the Code of Ordinances of the
City.” If, in accordance with the provisions of this chapter and Chapter 414, Code of
Iowa, changes are made in district boundaries or other matter portrayed in the Official
Zoning Map, copies of such changes shall be filed with the Official Zoning Map
promptly after the amendment has been approved by the City Council.
2. Regardless of the existence of purported copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning Map, together
with amending ordinances, shall be the final authority as to the current zoning status
of land and water areas, buildings, and other structures in the City. (See EDITOR’S
NOTE at the end of this chapter for ordinances amending the zoning map.)
3. In the event that the Official Zoning Map becomes damaged, destroyed, lost,
or difficult to interpret because of use, the City Council may by resolution adopt a
new Official Zoning Map which shall supersede the prior Official Zoning Map. The
new Official Zoning Map may correct drafting or other errors or omissions in the prior
Official Zoning Map, but no such correction shall have the effect of amending the
original zoning ordinance or any subsequent amendment thereof. The new Official
Zoning Map shall be identified by the signature of the Mayor attested by the City
Clerk, under the following words: “This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map adopted (date of adoption of map
being replaced) by the City of Waukee, Iowa.”
169.03 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. In cases
where the exact location of a district boundary is not clear as shown on the official zoning
map, the following rules shall be used in determining the location of said district boundary:
1. Boundaries indicated as approximately following the centerlines of streets,
highways, or alleys shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lines shall be
construed as following such lot lines.
3. Boundaries indicated as approximately following corporate limits shall be
construed as following corporate limits.
4. Boundaries indicated as approximately following section lines, quarter section
lines, or quarter quarter section lines shall be construed as following such lines.
5. Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks.
6. Boundaries indicated as following shorelines shall be construed to follow
such shorelines, and in the event of change in the shoreline shall be construed as
moving with the actual shoreline; boundaries indicated as approximately following the
centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed
to follow such centerlines.
7. Boundaries indicated as parallel to or extensions of features indicated in
subsections 1 through 6 of this section shall be so construed. Distances not
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specifically indicated on the official zoning map shall be determined by the scale of
the map.
8. Where physical or cultural features existing on the ground are at variance with
those shown on the official zoning map, or in other circumstances not covered by
subsections 1 through 6 of this section, the Board of Adjustment shall interpret the
district boundaries.
169.04 APPLICATION OF DISTRICT REGULATIONS. The regulations set forth by
these zoning regulations within each district shall be minimum regulations and shall apply
uniformly to each class or kind or structure or land, and particularly, except as hereinafter
provided.
1. Compliance with District Regulations. No building, structure, or land shall
hereafter be used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, or structurally altered unless in
conformity with all of the regulations herein specified for the district in which it is
located.
2. Compliance with Certain Specifications. No building or other structure shall
hereafter be erected or altered:
A. To have a greater height;
B. To accommodate or house a greater number of families;
C. To occupy a greater percentage of lot area; or
D. To have narrower or smaller rear yards, front yards, side yards, or
other open spaces
than herein required; or in any other manner contrary to the provisions of these zoning
regulations.
3. Yards and Open Spaces.
A. No part of a yard, or other open space, or off-street parking or loading
space required about or in connection with any building for the purpose of
complying with these zoning regulations shall be included as part of a yard,
open space, or off-street parking or loading space similarly required for any
other building.
B. No yard or lot existing at the time of the effective date hereof shall be
reduced in dimension or area below the minimum requirements set forth
herein. Yards or lots created after the effective date hereof shall meet at least
the minimum requirements established by these zoning regulations.
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169.05 A-1 AGRICULTURAL DISTRICT. The A-1 District is intended to retain land
suited for eventual development of urban uses in a productive agricultural use until the
community can feasibly extend its urban services and thus grow in an orderly manner.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the A-1 District.
A. Agricultural and usual agricultural buildings and structures; but not
including commercial livestock feed lots, poultry farms, grain storage, and
drying facilities. No farm animals, including and not limited to horses, cattle,
sheep, swine, or fowl shall be kept within the city limits of the City of
Waukee, except in the A-1 District on tracts of one (1) or more acres and
except Urban Chickens as permitted within R-1 and R-2 Districts subject to
requirements as specified in Section 165.19.
November 18, 2019 – Ordinance 2943
B. Bed and breakfast.
C. Cemeteries, including mausoleums.
D. Churches, chapels, temples and similar places of worship.
E. Electrical and liquefied product transmission and regulating facilities.
F. Kennels for the raising, breeding, and boarding of dogs or other small
animals; provided, all buildings, including exercise runways, be at least 200
feet from all property lines, and at least 500 feet from an R District boundary.
G. Municipal facilities utilized by the City for services provided to the
community.
H. Nurseries, greenhouses, truck gardens.
I. Private noncommercial recreation areas and centers including country
clubs, swimming pools, golf courses and riding stables.
J. Public and parochial schools, elementary and secondary, and other
educational institutions having an established current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools, nursery schools, and childcare centers.
K. Public water supply and sewage treatment facilities.
L. Publicly owned parks, playgrounds, golf courses and recreation areas.
M. Single-family dwellings.
2. Accessory Uses. The following accessory uses are permitted in the A-1
District:
A. Uses of land or structures customarily incidental and subordinate to
one of the permitted principal uses, unless otherwise excluded.
B. Home occupations, as permitted in and as limited by Section 165.11
of these zoning regulations.
C. Parabolic or dish-type antennas larger than 18 inches in diameter shall
be placed in the rear yard and must be a minimum of 10 feet from all property
lines and shall not be larger than 8 feet in diameter if of opaque construction
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or 10 feet in diameter if of wire or mesh construction. All such parabolic or
dish-type antennas shall be mounted at ground level. The erection and
construction of a parabolic or dish-type antenna shall require obtaining a
building permit from the administrative official prior to the commencement of
any work.
D. Private garage or carport.
E. Roadside stands for the sale of seasonal products grown on the
premises; provided, no permanent structures shall be erected or maintained.
F. Solar collectors mounted on the ground in the rear yard or attached to
the principal building facing the front, side or rear yard at a height no greater
than the peak of the roof of the principal structure. The mounting of solar
collectors shall be in accordance with the requirements of the Building Code.
If required, solar access easements may be obtained from adjoining property
owners in accordance with State statutes.
G. Temporary buildings, including mobile homes or recreational
vehicles, for uses incidental to construction work, which buildings s hall be
removed upon the completion or abandonment of the construction work.
3. Bulk Regulations.
Lot Area 5 acres (for single-family dwelling);
No minimum required for other permitted uses
Lot Width 200 feet
Minimum Front Yard Depth 75 feet for single-family dwelling;
35 feet for other principal permitted uses
Minimum Rear Yard Depth 50 feet for single-family dwelling;
35 feet for other principal permitted uses
Minimum Side Yard Depth
50 feet total side yard, minimum 20 feet on one side
for single-family dwelling;
35 feet on each side for other principal permitted uses
Maximum Height
3 stories or 40 feet - principal building;
1 story or 20 feet - accessory building (lots less than
10 acres);
1 story or 30 feet - accessory building (lots of 10 acres
or more)
Minimum Floor Area
1,050 square feet for dwelling; if building is two or
more stories, first floor shall be a minimum of 800
square feet
4. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting the Waukee Building Code standards shall be required for all principal
buildings.
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, for all permitted uses.
6. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
[The next page is 1309]
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169.06 AR SINGLE-FAMILY ACREAGE DISTRICT. The AR Single-Family Acreage
District is established to provide for large-lot residential development in agricultural areas.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the AR District.
A. Bed and breakfast.
B. Cemeteries, including mausoleums.
C. Churches, chapels, temples and similar places of worship.
D. Municipal facilities utilized by the City for services provided to the
community.
E. Private noncommercial recreation areas and centers including country
clubs, swimming pools, golf courses and riding stables.
F. Public and parochial schools, elementary and secondary, and other
educational institutions having an established current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools, nursery schools, and childcare centers.
G. Publicly owned parks, playgrounds, golf courses and recreation areas.
H. Single-family dwellings.
2. Accessory Uses. The accessory uses permitted in and as limited in the A-1
District are permitted in the AR District.
3. Bulk Regulations.
Lot Area 2 acres (for single-family dwelling);
No minimum required for other permitted uses
Lot Width 120 feet
Minimum Front Yard Depth 50 feet for single-family dwelling;
35 feet for other principal permitted uses
Minimum Rear Yard Depth 50 feet for single-family dwelling;
35 feet for other principal permitted uses
Minimum Side Yard Depth
50 feet total side yard, minimum 20 feet on one side
for single-family dwelling;
35 feet on each side for other principal permitted uses
Maximum Height 3 stories or 40 feet - principal building;
1 story or 14 feet - accessory building
Minimum Floor Area
1,050 square feet for dwellings; if a building is two or
more stories, first floor shall be a minimum of 800
square feet; if a building is a split level, each level
shall be a minimum of 400 square feet; if a building is
a split foyer, the square footage shall be a minimum of
1,050 square feet per story.
4.
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DISTRICT REGULATIONS
5. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting the Waukee Building Code standards shall be required for all principal
buildings.
6. Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
7. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
[The next page is 1315]
CHAPTER 169 ZONING REGULATIONS
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169.07 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. The R-1 District is
established to provide for single-family residential uses and areas where similar residential
development seems likely to occur.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-1 District:
A. Churches, chapels, temples, and similar places of worship.
B. Elder group homes as permitted by and as limited by Section 231B.4
of the Code of Iowa.
C. Family homes as permitted by and as limited by Section 414.22 of the
Code of Iowa.
D. Golf courses, country clubs, club houses, tennis courts, and similar
recreational uses; provided, any such use not be operated primarily for
commercial gain.
E. Municipal facilities utilized by the City for services provided to the
community.
F. Museums, libraries, parks and playgrounds, community center, and
similar uses operated by the City.
G. Public and parochial schools, elementary and secondary, and other
educational institutions having established current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools.
H. Single-family dwellings.
2. Permitted Accessory Uses.
A. Clubhouses within a residential subdivision where ownership is
maintained under a homeowners association. Clubhouses shall be constructed
of materials similar to the principal structures within the development and
shall meet all setback requirements as specified later in this title.
B. Home occupations as permitted in and as limited by Section 165.11 of
these zoning regulations.
C. Parabolic or dish-type antennas larger than 18 inches in diameter shall
be placed in the rear yard and must be a minimum of 10 feet from all property
lines and shall not be larger than 8 feet in diameter if of opaque construction
or 10 feet in diameter if of wire or mesh construction. All such parabolic or
dish-type antennas shall be mounted at ground level. The erection and
construction of a parabolic or dish-type antenna shall require obtaining a
building permit from the administrative official prior to the commencement of
any work.
D. Private garage or carport.
E. Private plant nurseries and greenhouses, not to exceed 240 square feet
and not involving retail or wholesale sales.
F. Private swimming pools, when enclosed with a non-climbable fence
at least 48 inches in height, or any enclosure designed for wading or
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DISTRICT REGULATIONS
swimming, which shall be deemed to be a swimming pool if it is capable of
holding 18 inches’ depth of water.
G. Solar collectors mounted on the ground in the rear yard or attached to
the principal building facing the front, side, or rear yard at a height no greater
than the peak of the roof of the principal structure. The mounting of solar
collectors shall be in accordance with the requirements of the Building Code.
If required, solar access easements may be obtained from adjoining property
owners in accordance with State statutes.
H. Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
I. Use of a dwelling structure within a new subdivision as a job office
and real estate office for the subject subdivision, which use shall terminate
upon completion or abandonment of the project.
J. Use of a temporary building, within a newly platted subdivision with
a minimum final plat size of 10 acres, as a real estate office subject to
approval of a temporary site plan. A temporary building permitted to exist
shall be subject to the following minimum standards and requirements:
(1) Temporary building shall be designed to be compatible with a
residential neighborhood, including (but not limited to) the use of
pitched roof elements and exterior building materials customarily
used in residential development, which may include stone, brick,
vinyl, or wood lap siding. Skirting shall be provided around the base
of the temporary building to match the exterior building materials
provided on the building structure. Metal skirting shall not be
considered an acceptable material for purposes of meeting the
requirements of this section.
(2) Temporary building shall meet all building setback
requirements of the applicable zoning district.
(3) On-site parking areas constructed for use by visitors to the
temporary building shall be constructed of asphalt or concrete but
shall not be required to provide concrete curb and gutter.
(4) A minimum of 20 percent open space shall be provided on
the site. A minimum of one tree and six shrubs shall be provided per
every 1,500 square feet of required open space.
(5) Temporary building shall not be permitted to be constructed
within any planned development overlay district that has an
underlying commercial zoning classification.
(6) Temporary building shall meet all minimum requirements of
the Building Code as adopted by the City.
(7) Any proposed signage shall be subject to the requirements of
Chapter 168 of these zoning regulations.
(8) The use of the site for a temporary building shall be allowed
for one year. Prior to expiration of the temporary site plan, the
applicant shall be allowed to request approval of a one-year extension
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of the temporary site plan, but in no event should the extension be
granted if the granting of the same would no longer be consistent with
the surrounding built environment, Chapters 160 through 163 of this
Code of Ordinances (Site Plan Requirements), and the provisions of
this section.
(9) A cash deposit or surety bond shall be provided in a form
approved by the administrative official in an amount sufficient to
guarantee to the City the removal of the temporary building and
restoration of the site within 60 days after the temporary building site
plan has expired. If, after 60 days, no action has been taken to restore
the site or premises, the City may take action to restore the site by
utilizing the bond or monies deposited or other methods at its
disposal.
K. Uses of land or structures customarily incidental and subordinate to
one of the permitted principal uses, unless otherwise excluded.
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
10,000 square feet for each dwelling plus its
accessory building
20,000 square feet where no public sewer facilities
are available
Lot Width
80 feet; or 100 feet where no public sewer facilities
are available
Corner lots shall be 10 feet wider
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other principal permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not
less than 7 feet;
15 feet for any other principal permitted uses.
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
Floor Area
1,050 square feet for single-story dwelling
If two or more stories, 1,400 square feet with a
minimum first floor square footage of 700 square
feet
If a split level, each level shall be a minimum of 400
square feet
If a split foyer, 1,050 square feet per story
1. Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
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Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
4.
5. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
6. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
7. Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
[The next page is 1323]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.08 R-2 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT. The R-2 District
is established to provide for single-family and two-family residential uses and areas where
similar residential development seems likely to occur.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-2 District:
A. Any use permitted in and as limited in the R-1 District.
B. Two-family dwellings.
C. Alterations and conversions of single-family dwellings into two-
family dwellings in accordance with the lot area, frontage, and yard
requirements set forth in this section.
D. Nursing, convalescent, and retirement homes.
2. Permitted Accessory Uses. The accessory uses permitted in and as limited in
the R-1 District are permitted in the R-2 District.
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
8,000 square feet for each single-family dwelling;
10,000 square feet for each two-family dwelling.
20,000 square feet for each single-family dwelling or
40,000 square feet for each two-family dwelling
where public sewer facilities are not available
Lot Width
65 feet for single-family dwelling; 80 feet for two -
family dwelling; corner lots shall be 10 feet wider
100 feet where public sewer is not available
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other principal permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not less
than 7 feet;
15 feet for any other principal permitted use.
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Floor Area
950 square feet for single-story single-family
dwelling; 750 square feet per unit for single-story
two-family
If two or more stories, 1,250 square feet for single-
family with a minimum of 600 square feet on first
floor and 1,050 square feet for two-family with a
minimum of 500 square feet on first floor.
If a split level, each level shall be a minimum of 350
square feet
If a split foyer, 950 square feet per story
2. Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
4.
5. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
6. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
7. Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
9. Side-By-Side Two-Family Dwellings.
A. Lot Division Procedure. Where a side-by-side, two-family dwelling
is legally constructed, and the plat in which such dwelling is located is
properly recorded, provided the dwelling has met zoning regulations at the
time it was constructed, inspected, and certificate of occupancy issued, the lot
may thereafter be divided to provide individual ownership of the two-family
dwelling units by the following procedure:
(1) A plat showing the as-built location of the two-family
dwelling structure on the lot shall be filed with the City.
(2) The plat of survey shall provide a reference to this section
and indicate the purpose for which the plat is prepared.
(3) The plat shall locate the new ownership division line along
the common wall of the structure, and provide individual legal
descriptions for each new parcel.
(4) If the proposed division is approved by the Council,
following review by the County Auditor and County Recorder, a deed
may be recorded thereafter affecting the lot division, and each lot may
be in separate ownership.
(5) A copy of the recorded deeds and plat of survey shall be filed
with the City.
B. Requirements For Each Unit. The following requirements would
have to be met by each unit of the side-by-side two-family dwelling divided
as herein provided:
(1) Lots shall comply with the bulk regulation requirements of
this section, with the following exceptions, including (but not limited
to) lot area, widths, rear and side yard setbacks:
a. Lot Area: 5,000 square feet for each unit of a two-
family dwelling; where public sewer facilities are not
available, not less than 20,000 square feet for each unit of a
two-family dwelling.
b. Lot Width: 40 feet for each unit of a two-family
dwelling; where public sewer is not available, 50 feet.
c. Rear Yard Setback: In the case of a corner lot where
the duplex has been constructed with the front facade facing
the secondary front yard, the minimum rear yard setback shall
be eight feet.
d. Side Yard Setback: Internal side yard setback, zero
feet.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
(2) Buildings whose ownership is divided are required to be and
remain of the same exterior finish, including siding, roofing,
windows, paint color (or vinyl), garage doors; and colors would be
kept the same, including the building roof which would be replaced
all at one time when required, and of the same color and pattern.
(3) Exterior storage buildings of like structure and construction
of the original edifice will be allowed with a maximum size of 12 feet
by 12 feet, painted and finished the same as original, on a permanent
slab or foundation.
(4) Rear yard fencing in compliance with this Code of
Ordinances is permitted.
(5) Water and sewer services shall be entirely separate. Common
electrical and gas lines may serve all units, but each unit shall be
separately metered.
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[The next page is 1331]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.09 R-3 MULTI-FAMILY RESIDENTIAL DISTRICT. The R-3 District is
established to provide for rental multiple-family residential uses (apartments).
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-3 District:
A. Uses permitted in the R-4 District.
B. Multiple-family dwellings intended for rental occupancy
(apartments),.
C. Boarding and rooming houses.
D. Nursing, convalescent and retirement homes.
2. Permitted Accessory Uses. The following accessory uses are permitted in the
R-3 District:
A. Accessory uses as permitted in the R-1 District.
B. Storage garages, where the lot is occupied by multiple dwellings.
C. In R-3 residential zones, developed as a senior care, congregate care
facility, condominium, or apartment complex, an accessory management
office, retail convenience or service shop may ber permitted, provided that
such complex be self-governed or under similar control and contains more
than 30 permanent dwelling units provided that:
(1) Such shops are located on the first floor or lower level and
there is no entrance to such place of business except from the inside
of the building or internal courtyard.
(2) Display of any stock, goods, or advertising is so arranged that
it cannot be viewed from outside of the building.
3. Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Density 18 dwelling units per acre
Lot Width 75 feet
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other principal permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not
less than 7 feet1,2;
15 feet for any other principal building.
Maximum Height 3 stories or 45 feet for principal building
1 story or 14 feet for accessory building
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Floor Area
750 square feet per unit except for efficiency units
and one-bedroom apartments, which shall be 600
square feet
More Than One Dwelling
Unit on Lot
Where more than one principal building is
constructed on a lot such principal buildings shall be
separated by not less than 40 feet and the front, rear,
and side yards shall be determined considering all
principal buildings as one unit.
3. Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
4.
5. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
6. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
7. Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
9. 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.
1. Except where rear or sidewall is a common wall.
2. Internal Setback Dimensions: In the case of 0 lot line layouts, an open space
shall be provided between the buildings/units such that the required front, rear or side
yard depth for each building/unit is provided.
[The next page is 1337]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.10 R-3A OWNER-OCCUPIED MULTI-FAMILY RESIDENTIAL DISTRICT.
The R-3A District is established to provide for owner-occupied multiple-family residential
uses (condominium dwellings).
1. After the effective date of this Ordinance, no property within the City of
Waukee shall be zoned or rezoned to the R-3A Owner-Occupied Multi-Family
Residential District. Existing land zoned R-3A shall abide by the following
regulations:
2. Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-3A District:
A. Uses permitted in the R-2 District.
B. Multiple-family dwellings intended for owner occupancy
(condominiums), exclusive of row dwellings and townhomes, consisting of
not more than 24 dwelling units in one building.
3. Permitted Accessory Uses. The following accessory uses are permitted in the
R-3A District:
A. Accessory uses as permitted in the R-1 District.
B. Storage garages, where the lot is occupied by multiple dwellings.
4. Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area 10,000 square feet
Lot Area Per Dwelling Unit 2,500 square feet per unit
Lot Width 75 feet
Front Yard
30 feet
When fronting on the right-of-way of a major
thoroughfare shown on the Official Major Street
Plan, the front yard shall be measured from the
proposed right-of-way line
Rear Yard 30 feet for dwelling;
40 feet for other permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not
less than 7 feet;
15 feet for any other principal building.
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
Floor Area
750 square feet per unit except for efficiency units
and one-bedroom apartments, which shall be 600
square feet
More Than One Dwelling
Unit on Lot
Where more than one principal building is
constructed on a lot such principal buildings shall be
separated by not less than 40 feet and the front, rear,
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and side yards shall be determined considering all
principal buildings as one unit.
4. Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
5.
6. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
7. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
8. Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
9. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
10. 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.
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169.11 R-4 ROW DWELLING AND TOWNHOME DWELLING DISTRICT. The
R-4 District is established to provide for row dwelling and townhome dwelling uses and areas.
5. Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-4 District:
A. Row dwellings or townhomes consisting of not more than 12
dwelling units in one building or attached structure either horizontally or
vertically. Row dwellings may also be single units provided a homeowner’s
association is responsible for property maintenance.;.
B. Churches, chapels, temples, and similar places of worship.
C. Elder group homes as permitted by and as limited by Section 231B.4
of the Code of Iowa.
D. Family homes as permitted by and as limited by Section 414.22 of the
Code of Iowa.
E. Family homes as permitted by and as limited by Section 414.22 of the
Code of Iowa.
F. Golf courses, country clubs, club houses, tennis courts, and similar
recreational uses; provided any such use shall not be operated primarily for
commercial gain.
G. Municipal facilities utilized by the City for services provided to the
community.
H. Museums, libraries, parks, and playgrounds, community center, and
similar uses operated by the City.
I. Public and parochial schools, elementary and secondary, and other
educational institutions having extablished current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools.
6. Permitted Accessory Uses. The accessory uses permitted in and as limited in
the R-1 District are permitted in the R-4 District:
7. Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Density 3,500 square feet per unit
Lot Width 20 feet per unit; 75 feet overall
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other permitted uses
Side Yard
A total of 12 feet for single unit townhomes
A total of 15 feet; one side may be reduced to not less
than 7 feet; 15 feet for any other principal building
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For the purpose of determining side yard requirements
in row dwellings, the entire row dwelling structure
shall be considered to be one building
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
Floor Area 800 square feet per unit
8. Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
9. 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 for all permitted uses.
10. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
11. 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.
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169.12 R-5 PLANNED UNIT DEVELOPMENT DISTRICT.
1. After the effective date of this Ordinance, no property within the City of
Waukee shall be zoned or rezoned to the R-5 Planned Unit Development District.
Existing land zoned R-5 shall abide by the following regulations:
2. Statement of Intent. The R-5 District is intended and designed to provide a
means for the development of large tracts of ground on a unit basis, allowing greater
flexibility and diversification of land uses and building locations than the conventional
single lot method provided in other chapters of these zoning regulations in AR, R-1,
R-2, R-3, and R-4 districts. It is the intent of this section that the basic principles of
good land use planning, including an orderly and graded relationship between various
types of uses, be maintained and that the sound zoning standards as set forth in these
zoning regulations and statutes concerning population density, adequate light and air,
recreation and open space, and building coverage be preserved.
3. General Procedure.
A. The owner or owners of any tract of land comprising an area of not
less than five acres may submit to the Council a petition requesting a change
to the R-5 zoning district classification. The petition shall be accompanied by
a plan for the use and development of the entire tract of land. The
development plan shall be referred to the Planning and Zoning Commission
for study and report. The Commission shall review the conformity of the
proposed development with the standards of the comprehensive plan, and with
recognized principles of architectural design, land use planning, and
landscape architecture.
B. The Commission may approve the plan as submitted or, before
approval, may require that the applicant modify, alter, adjust, or amend the
plan as the Commission deems necessary to the end that it preserves the intent
and purpose of these zoning regulations to promote public health, safety,
morals, and the general welfare. The development plan as approved by the
Commission shall then be reported to the Council, whereupon the Council
may approve or disapprove said plan as reported or may require such changes
thereto as it deems necessary to effectuate the intent and purposes of these
zoning regulations.
C. If the Council approves the preliminary plan and request for rezoning,
the applicant shall submit to the Commission, within 270 days or such longer
period as may be approved by the Council, a final development plan, in
triplicate, of not less than one stage of the proposed development showing in
detail the location of all proposed:
(1) Buildings and uses, the height and exterior design of typical
dwellings and the number of dwelling units in each;
(2) Parking areas;
(3) Access drives;
(4) Streets abutting or within the proposed development;
(5) Walks;
(6) All proposed walls and fences;
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(7) Landscaping and plant material;
(8) Required peripheral yards;
(9) Common land, recreation areas and parks;
(10) Existing and proposed utilities and public easements;
(11) Proposed signs and their area and dimensions;
(12) Storm and sanitary sewer lines;
(13) Water mains; and
(14) Development stages and timing.
4. Accompanying Documents. The final development plan shall be
accompanied by the following required documents:
A. Bylaws of Homeowners’ Association. If the proposed development
includes common land that will not be dedicated to the City, and the proposed
development will not be held in single ownership, proposed bylaws of a
homeowners’ association fully defining the functions, responsibilities, and
operating procedures of the association shall be included. The proposed
bylaws shall include, but not be limited to, provisions:
(1) Automatically extending membership in the association to all
owners of dwelling units within the development;
(2) Limiting the uses of the common property to those permitted
by the final development;
(3) Granting to each owner of a dwelling unit within the
development the right to the use and enjoyment of the common
property;
(4) Placing the responsibility for operation and maintenance of
the common property in the association;
(5) Giving every owner of a dwelling unit voting rights in the
association; and
(6) If the development will combine rental and for sale dwelling
units, stating the relationship between the renters and the
homeowners’ association and the rights renters shall have to the use
of the common land.
B. Bond. Performance bond, which shall ensure to the City that the
dedicated public streets, utilities, and other common development facilities
shall be completed by the developer within the time specified in the final
development plan.
C. Covenants. Covenant to run with the land, in favor of the City and all
persons having a proprietary interest in any portion of the development
premises, that the owner of the land or successors in interest will maintain all
interior streets, parking areas, sidewalks, common land, parks and plantings
that have not been dedicated to the City in compliance with this Code of
Ordinances.
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D. Additional Agreements. Any additional agreements required by the
Council at the time of preliminary plat approval.
E. Final Plat. A final plat shall be submitted with each stage of the final
development plan. The plat shall show building lines, lots and/or blocks,
common land, streets, easements, and other applicable items required by the
subdivision regulations. Following approval of the final plat by the
Commission and Council, the plat shall be recorded with the County Auditor
and County Recorder.
5. Review of Documents. The final development plan and required documents
shall be reviewed by the Commission, for compliance with the R-5 standards and
substantial compliance with the preliminary plan. The Commission’s
recommendations and report on the final development plan shall be referred to the
Council for final approval. The final development plan and final plat shall be
approved by the Council before any building permit is issued.
6. Land Uses and Bulk Regulations. Permitted principal and accessory land
uses, lot area, yard, and height requirements shall be as set out below, which shall
prevail over conflicting requirements of this section or the subdivision regulations:
A. Use of Buildings. Buildings shall be used only for residential
purposes; occupant garages, occupant storage and similar accessory uses;
noncommercial recreational facilities; and community activities, including
churches and schools.
B. Lot, Yard and Open Space Requirements. The minimum lot and yard
requirements of the zoning districts in which the development is located shall
not apply, except that minimum yards specified in the district shall be
provided around the boundaries of the development. The Council may
require open space or screenings to be located along all or a portion of the
development boundaries. The height requirements of the zoning district in
which the development is located shall apply within 125 feet of the
development boundary.
C. Streets and Public Utilities. All public streets, water mains, sanitary
sewer and storm sewer facilities shall comply with appropriate ordinances and
specifications of the City.
D. Common Land. “Common land,” as used in this section, refers to
land retained in private ownership for the use of the residents of the
development, or to land dedicated to the general public. Any land gained
within the development because of the reduction in lot sizes, below minimum
zoning ordinance requirements, shall be placed in common land to be
dedicated to the City or retained in private ownership to be managed by a
homeowners’ association.
E. Off-Street Parking and Loading. The requirements of Chapter 169 of
these zoning regulations relating to off-street parking and loading shall apply
to all R-5 Districts.
F. Density Requirements. The final development plan shall comply with
the density requirements of these zoning regulations.
7. Number of Dwelling Units Permitted. The maximum number of dwelling
units permitted in an R-5 District shall be determined by dividing the net development
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area by the minimum lot area per dwelling unit required by the zoning district or
districts in which the area is located, then multiplied by 115 percent. (In the R -2
District, the one-family dwelling requirement shall apply.) Net development area
shall be determined by subtracting the area set aside actually proposed for streets from
the gross development area. The area of land set aside for common land, open space,
or recreation shall be included in determining the number of dwelling units permitted.
The maximum number of multiple dwelling units permitted in the R-5 development
shall be determined by the zoning district in which the development is located, as
follows:
Zoning
District
Percentage of Total Dwelling Units
Permitted as Multiples
AR 10
R-1 25
R-2 50
R-3 100
R-4 100
If the development area contains two or more different zoning classifications, the
number of dwelling units permitted shall be determined in the direct proportion to the
area of each zoning classification contained in the entire tract.
8. Conditions for Plan Approval. The Council may make the approval of the
development plan contingent upon the completion of construction and improvements
within a reasonable period of time; provided, however, in the determination of such
period, the Council shall consider the scope and magnitude of the development project
and any schedule of construction and improvements submitted by the developer.
Failure to complete all construction and improvements within said period of time shall
be deemed sufficient cause for the Council to rezone the unimproved property to the
classification effective at the time of original submission of the development plan,
unless an extension as recommended by the Commission and approved by the Council
for due cause shown. Any proposed change in the development plan after approval by
the Council shall be resubmitted and considered in the same manner as the original
proposal. The term “unimproved property” means all property situated within a stage
or stages of the final development plan upon which the installation of improvements
has not been commenced.
9. Installation of Improvements. In no event shall the installation of any
improvements be commenced in the second or subsequent stages of the final
development plan until such time as 90 percent of infrastructure improvements
including streets and utilities have been completed in any prior stage of such plan.
[The next page is 1353]
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169.13 R-6 MOBILE HOME RESIDENTIAL DISTRICT. The R-6 District is intended
and designed to provide for certain medium-density residential areas of the City which, by
reason of their design and location, are suitable for mobile home development and which are
compatible with surrounding residential areas.
1. Principal Permitted Uses. Mobile home parks are permitted, in accordance
with regulations of the State of Iowa and minimum requirements contained herein, but
not including mobile home sales and display areas. No part of any park shall be used
for nonresidential purposes except such uses that are required for the direct servicing
and well-being of park residents and for the management and maintenance of the park.
This shall in no way prohibit the sale by a resident owner of a mobile home located on
a mobile home stand and connected to the pertinent utilities.
2. Accessory Uses. Accessory uses may include garbage and storage buildings
and common facility service buildings that provide laundry facilities, accessory
supplies, vending machines, etc.; also park management buildings, maintenance
buildings, community buildings, and other uses of a similar nature. Common facility
service buildings shall be located within the central mobile home park area, and shall
be restricted to the use of the park occupants.
3. Height Regulations. No mobile home shall exceed 20 feet in height, except
that radio communication towers constructed in compliance with Chapter 151 of this
Code of Ordinances may not exceed 45 feet in height. Accessory buildings shall not
exceed a height of 14 feet.
4. Plan Submittal. Each petition for a change to the R-6 zoning classification
shall be accompanied by a mobile home park plan. Said plan shall show each mobile
home space, the water, electrical, and sewer lines servicing each mobile home space,
the location of garbage receptacles, water hydrants, service buildings, driveways,
walkways, recreation areas, required yards, existing and proposed grading, parking
facilities, lighting, landscaping, and the location of existing trees, buildings, or other
significant features. The required plan shall be considered by the Commission and
Council, who may approve or disapprove said plan or require such changes thereto, as
are deemed necessary.
5. Rental Space Area, Frontage and Yard Requirements.
A. Park Area; Density. The area proposed for a mobile home park shall
have a minimum of 10 acres. The maximum density allowed for the gross
development area shall be seven mobile home units per gross acre.
B. Perimeter Yard Requirements. All mobile home park perimeter yard
requirements shall be not less than 30 feet.
C. Streets. No part of any mobile home space shall be closer to any
public street upon which the park adjoins than 75 feet; however, interior park
streets may be located within the setback area.
D. Individual Mobile Home Lots:
(1) The individual mobile home lot shall contain not less than
4,275 square feet and shall measure at least 45 feet by 95 feet.
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(2) Each lot shall have a front yard not less than 15 feet in depth
measured from the edge of the surfaced private street to the mobile
home.
(3) Side yards shall be provided and maintained so as to provide
a minimum separation between mobile homes of at least 10 feet; and
a minimum separation of at least 6 feet shall be maintained between
mobile homes and any other buildings or structures on the same or
adjoining lots.
(4) Rear yard separations shall be maintained so as to provide
separation of mobile homes of at least 16 feet; provided, the homes
are placed no closer than 8 feet to the rear lot line as identified by the
posts marking the electrical lines.
(5) Measurements to the mobile homes shall be taken from the
closest point between the paved portion of the street and/or the closest
point of the mobile homes at ground level; provided, no overhang
extension shall extend out from the mobile home by more than two
feet.
(6) Setbacks of neighboring mobile homes shall not differ by
more than one or two feet.
E. Recreational Areas. A minimum of 250 square feet for each lot shall
be provided for one or more recreational areas that are easily accessible to all
park residents. The required recreational area shall be computed in addition
to the minimum lot area specified herein.
6. Streets and Parking:
A. Width. The entrance road connecting the mobile home park streets
with a public street shall have a minimum road pavement width of 31 feet,
measured back to back of curbs. All interior streets shall be not less than 20
feet in width measured back to back of curbs. Where parking is permitted
alongside of interior streets, an additional 6 feet for parallel parking and
additional 16 feet for diagonal parking shall be provided on each side of the
street.
B. Construction; Parking Spaces Required. All streets shall be
constructed in accordance with appropriate ordinances and specifications of
the City. Two off-street parking spaces shall be provided on each lot.
7. Anchorage and Skirting.
A. Tie Downs or Anchors. Tie downs or anchors shall be provided on
every mobile home stand. Each tie down or anchor must be able to sustain a
minimum tensile strength as required by the State Building Code.
B. Skirting. Skirting of a permanent type material and construction shall
be installed within 90 days to enclose the open space between the bottom of a
mobile home floor and the grade level of the mobile home stand. The skirting
shall be maintained in an attractive manner consistent with the exterior of the
mobile home and to preserve the appearance of the mobile home park.
8. Utilities. Sewer and water facilities shall be provided for each mobile home
park space in accordance with the requirements of the Iowa State Department of
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Health. All mobile home developments must be connected to the municipal water
system. All electrical and telephone lines shall be placed underground.
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169.14 C-1 COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT.
The C-1 District is designed to provide space for the general retail and professional office
uses, and efficient development of major retail shopping areas. The uses permitted are also
intended to accommodate both the general retail consumer and the needs and services of the
automobile traveling consumer.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-1 District.
A. Uses permitted in the C-1A District.
B. Hospitals.
C. Retail business or service establishments such as the following:
Animal hospital
Bowling alleys
Brew pub
Clubs and lodges
Collection office of public utility
Drinking establishments
Furniture stores
Funeral homes and mortuaries
Grocery stores including supermarkets
Household appliances - sales and repair
Music recording studios
New and used car sales and service
Plumbing, heating and air conditioning shops
Small batch distillery
Wholesale display and sales room
D. Service, business or recreational uses such as the following:
Automobile, trailer, motorcycle, boat, farm implement and lawn and garden
establishments for display, hire, rental and sales (including sales lots)
[This paragraph shall not be construed to permit automobile, tractor, or
machinery wrecking and rebuilding and used parts yards.]
Car wash
Commercial entertainment/recreational facilities such as: commercial
swimming pools, skating rinks, golf driving ranges, miniature golf
courses, drive-in theaters and similar recreational uses and facilities
Automotive vehicle service and repair
Liquor and beverage stores
Hotels
Interior Self Storage
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.
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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
No maximum except when adjacent to an R-1, R-2 or
R-4 District, the maximum shall be 2 stories or 40 feet
1 story or 14 feet for 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 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.
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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 whil 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
Drug stores
Florist shops
Home furnishing, décor and accessory storess
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
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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
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.
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 ar ea and
shall not include access drives, parking areas, structures or buildings; except
ornamental structures included as part of the landscaping theme.
[The next page is 1381]
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169.16 C-1B LARGE SCALE COMMERCIAL DISTRICT. The C-1B District is
designed to provide space for the large retail and professional office uses, and efficient
development of major retail shopping areas with single structures of over 50,000 square feet.
The uses permitted are also intended to accommodate both the general retail consumer and the
needs and services of the automobile traveling consumer.
1. After the effective date of this Ordinance, no property within the City of
Waukee shall be zoned or rezoned to the C-1B Large Scale Commercial District.
Existing land zoned C-1B shall abide by the following regulations:
2. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-1B District.
A. Uses permitted in the C-1A and C-1 District.
3. Permitted Accessory Uses.
A. Accessory uses and structures customarily incidental to any principal
permitted use.
B. Storage of merchandise incidental to the principal use.
4. 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
Front Yard
50 feet; when fronting on the right-of-way of a major
thoroughfare shown on the Official Major Street Plan,
the front yard shall be measured from the proposed
right-of-way line.
Rear Yard 50 feet
Side Yards No minimum shall apply except where the side yard is
adjacent to an R District, in which case the side yard
shall be at least 40 feet.
Maximum Height 50 feet; except that radio communication towers,
constructed in compliance with Chapter 151 of this
Code of Ordinances, may not exceed 45 feet in height.
Maximum Number of
Stories 3 stories
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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
[The next page is 1385]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.17 C-2 DOWNTOWN VILLAGE DISTRICT. The C-2 District is intended to
accommodate a variety of retail stores, services, offices, and mixed -density residential uses
and related activities conducive to the environment desired in the Downtown Village District.
The C-2 Downtown Village District zoning designation is reserved for those properties
located within the adopted Downtown District Boundary Map of the Downtown Design
Guidelines.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-2 District.
A. Any commercial use such as the following, provided that said
commercial use is located within a conforming district established in the
adopted Downtown Design Guidelines:
(1) Uses permitted in the C-1A District.
(4) Retail business or service establishments such as the
following:
Brew Pubs
Drinking establishments
Small batch distillery
(5) Service, business or recreational uses such as the following:
Automobile service and accessory stores
Bowling alley
Food catering services
Theatres, movie or performance
B. Dwelling units, provided that the residential dwelling is within the
Residential Transition District identified within the adopted Downtown
Design Guidelines or in a mixed-use building as specified herein.
C. Mixed-use buildings, – provided that residential uses are within the
upper floors of a building with a commercial or office use located in the
ground floor of said building. Ground floor dwelling units may be
considered, provided that the ground floor dwelling unit does not comprise
more than 1/3 of the total building’s street frontage and the unit receives a
unanimous approval from the City Council as a part of an overall site plan
proposal.
2. Permitted Accessory Uses.
A. Accessory uses and structures customarily incidental to any principal
permitted use.
B. Storage of merchandise incidental to a commercial principal use.
C. Private garage or carport.
D. Home occupations as permitted in and as limited by Section 165.11.
E. Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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
10 feet for commercial or mixed-use properties;
30 feet for properties adjacent to Hickman Road (US
Highway 6)
Minimum Rear Yard
None for commercial uses, except for principal
permitted uses adjacent to residential properties not
within the C-2 Downtown Village District, which
shall provide a minimum of 25 feet
Minimum Side Yard
No minimum, except for principal permitted uses
adjacent to residential properties not within the C-2
Downtown Village District, which shall provide a
minimum of 10 feet.
A minimum of 15 total feet, 7-foot minimum on one
side, for any residential use.
Maximum Height
40 feet for commercial or residential only buildings,
except that radio communication towers constructed
in compliance with Chapter 151 of this Code of
Ordinances may not exceed 45 feet in height, or 60
feet for mixed-use buildings.
Maximum Number of
Stories 3 stories for commercial or residential only buildings;
4 stories for mixed-use buildings.
4. Off-Street Parking and Loading. No off-street parking or loading is required
for commercial uses. The minimum off-street parking for dwelling units shall be
provided at a rate of one space per unit.
5. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances and the adopted Downtown Design Guidelines.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
[The next page is 1395]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
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 s tores, 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
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
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
[The next page is 1401]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.19 K-MF-ROW HOUSE KETTLESTONE MULTI-FAMILY ROW HOUSE
DISTRICT. The K-MF-Row House District is intended and designed to provide certain areas
of the Kettlestone development with medium density residential units in a row house or
townhome setting. Units may be located on individual lots or on a common association lot
under a condominium regime. Row houses should be two to three stories in height, placed
close to the street and include front porches. Garages should be encouraged to be rear loaded.
The K-MF-Row House 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-MF-Row House District.
A. Row dwellings or townhomes consisting of no fewer than three
dwelling units and no more than eight dwelling units in one building or
attached structure.
2. Permitted Accessory Uses.
A. Private garage or carport.
B. Accessory uses and structures customarily incidental to any principal
permitted use.
C. Home occupations as permitted in and as limited by Section 165.11.
D. 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
15 feet maximum when fronting on a public right-of-
way or private street frontage.
20 feet minimum for accessory structures
Side Yards
5 feet for both principal and accessory structures.
For the purpose of determining side yard requirements
in row dwellings, the entire row dwelling structure
shall be considered one building
Rear Yard 30 feet
Accessory Building
Separation
30 feet between principal building and accessory
building
Minimum Height Principal building – 2 stories
Maximum Height Principal building – 3 stories
Accessory building – 1 story
Maximum Density 12 dwelling units per acre
Minimum Floor Area 800 square feet per unit
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
4. Off-Street Parking and Loading. A minimum of two parking spaces per unit
is required. One parking space per unit shall be enclosed.
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.
[The next page is 1407]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.20 K-MF-STACKED MED KETTLESTONE MULTI-FAMILY STACKED
MEDIUM DISTRICT. The K-MF-Stacked Med District is intended and designed to provide
certain areas of the Kettlestone development with medium density residential units in a row
house or condominium type setting. Units may be located on indivi dual lots (for horizontally
attached buildings) or on a common association lot under a condominium regime. Buildings
should be two to three stories in height, placed close to the street and include front porches.
Garages should be located in a manner to reduce their public visibility and impact. The
K-MF-Stacked Med 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-MF-Stacked Med District.
A. Row dwellings or townhomes consisting of no less than three
dwelling units in one building or attached structure.
B. Multiple-family dwellings intended for rental (apartments) or owner
occupancy (condominiums) of no fewer than three dwelling units in one
building or attached structure.
C. Nursing, convalescent, and retirement homes.
2. Permitted Accessory Uses.
A. Private garage or carport.
B. Accessory uses and structures customarily incidental to any principal
permitted use.
C. Home occupations as permitted in and as limited by Section 165.11.
D. 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 30 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 30 feet.
5 feet for accessory structures.
Principal Building
Separation 10 feet
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Accessory Building
Separation
30 feet between principal building and accessory
building
Minimum Height Principal building – 2 stories
Maximum Height Principal building – 3 stories
Accessory building – 1 story
Maximum Density 14 dwelling units per acre
Minimum Floor Area 600 square feet per unit
4. Off-Street Parking and Loading. A minimum of two parking spaces per unit
is required plus one visitor space per five units. One parking space per unit shall be
enclosed.
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.
[The next page is 1411]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.21 K-MF-STACKED HIGH KETTLESTONE MULTI-FAMILY STACKED
HIGH DISTRICT. The K-MF-Stacked High District is intended and designed to provide
certain areas of the Kettlestone development with high density residential units in a row house
or condominium type setting. Units may be located on individual lots (for horizontally
attached buildings) or on a common association lot under a condominium regime. Buildings
should be three to five stories in height, placed close to the street and include front porche s.
Garages should be located in a manner to reduce their public visibility and impact. The
K-MF-Stacked High 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-MF-Stacked High District.
A. Row dwellings or townhomes consisting of no less than eight
dwelling units in one building or attached structure.
B. Multiple-family dwellings intended for rental (apartments) or owner
occupancy (condominiums) of no less than eight dwelling units in one
building or attached structure.
C. Nursing, convalescent, and retirement homes.
2. Permitted Accessory Uses.
A. Private garage or carport.
B. Accessory uses and structures customarily incidental to any principal
permitted use.
C. Home occupations as permitted in and as limited by Section 165.11.
D. 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 10 feet
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Accessory Building
Separation
30 feet between principal building and accessory
building
Minimum Height Principal building – 3 stories
Maximum Height Principal building – 5 stories
Accessory building – 1 story
Density 15 dwelling units per acre minimum
24 dwelling units per acre maximum
Minimum Floor Area 600 square feet per unit
4. Off-Street Parking and Loading. A minimum of two parking spaces per unit
is required plus one visitor space per five units.
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.
[The next page is 1417]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.22 K-MU KETTLESTONE MIXED USE DISTRICT. The K-MU District is
intended and designed to provide certain areas of the Kettlestone development with buildings
that include a combination of residential, retail, and office uses. Retail or service businesses
are typically located on the first floor with office and residential dwelling units located on the
upper floors. All buildings should include a residential component. Stand-alone businesses
with drive-throughs, such as banks, restaurants, coffee shops, and drug stores are prohibited.
The K-MU 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-MU District.
A. Multi-family residential dwellings (apartments or condominiums).
B. 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) Personal service businesses such as hair and beauty salons,
dry-cleaners and launderettes, shoe and watch repair shops.
(3) Hotels and Motels.
(4) Restaurants and Coffee Shops: dine-in, carry-out and drive-
through.
(5) Stand-alone restaurant and coffee shop buildings are
prohibited. All restaurant uses must be contained within and part of a
larger building. Outdoor seating areas may be permitted as part of the
site plan approval process.
(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.
C. 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.
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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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 and a maximum of 20 feet 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 No minimum
Accessory Building
Separation
30 feet between principal building and accessory
building
Minimum Height Principal building – 2 stories
Maximum Height Principal building – 5 stories
Accessory building – 1 story
Floor Area Ratio 0.80
Maximum Density 30 dwelling units per acre
Minimum Floor Area 600 square feet per dwelling unit
4. Off-Street Parking and Loading. Two spaces per unit and one space per 250
square feet of retail and office uses.
5. Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 15 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.
[The next page is 1423]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
[The next page is 1429]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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 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.
2. Permitted Accessory Uses.
A. Private garage or carport.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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 – 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.
[The next page is 1435]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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, a nd 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.
(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.
2. Permitted Accessory Uses.
A. Private garage or carport.
B. Accessory uses and structures customarily incidental to any principal
permitted use.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
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.
[The next page is 1443]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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 a nd 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.
[The next page is 1449]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.27 M-1 LIGHT INDUSTRIAL DISTRICT. The M-1 District is intended and
designed to provide for increased flexibility in the location of certain manufacturing,
distribution, technology, and industrial uses while maintaining protection for nearby
residential districts. It allows selected industries of a non-nuisance character to locate in areas
within reasonable proximity of residential uses. The M-1 District is characterized by large
lots, with landscaped grounds and ample provisions for off-street parking and loading spaces,
and structures generally one or two stories in height.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the M-1 District; provided, however, all manufacturing,
assembling, compounding, processing, packaging, or other comparable treatment,
including storage of any and all materials and equipment, shall take place within
completely enclosed buildings, except for parked motor vehicles and off-street
parking and loading, as required by Chapter 168 of this Code of Ordinances. No
dwelling or dwelling unit is permitted except those for employees having duties in
connection with any premises requiring them to live on said premises, including
families of such employees when living with them. In addition, all open areas not
used for off-street parking or loading shall be planted with grass, shrubs and trees,
properly maintained, and kept free from refuse and debris.
A. Greenhouses.
B. Mini warehouses, self storage.
C. Any of the following commercial, retail or services uses:
Animal hospital
Bakeries or bakery outlets
Bicycle shops, sales and repairs
Bowling alley
Car wash
Clubs, lodges and churches
Collection office for public utility
Commercial entertainment such as: swimming pools, skating rinks, golf
driving ranges, miniature golf courses, movie theatres and similar
recreational uses and facilities
Dance studios, gymnastics, martial arts and other similar facilities
Funeral homes and mortuaries
Furniture store
Garage for general motor vehicle repair or auto body repair
Hardware store
Paint/wallpaper store
Funeral homes and mortuaries
Household appliances – sales and repair
Launderettes and dry cleaning establishments
Meat market
Plumbing, heating and air conditioning shops
Printing shops
Truck stops
Wholesale display and sales room
Recreational vehicle parks
D. Assembly of small electrical appliances, instruments and devices.
E. Commercial trade schools.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
F. Compounding and packaging of drugs, pharmaceuticals, cosmetics,
perfumes and toiletries.
G. Consumer fireworks sales.
H. Indoor shooting facilities.
I. Research and technology businesses such as laboratories, data
centers, call centers, and information technology support and supply which
may require a combination of office and flex space to accommodate storage,
warehousing, or testing.
J. Manufacturing, assembling, compounding, processing, packaging, or
other comparable treatment of the following:
Bakery goods, candy and food products.
Cameras and other photographic equipment.
Electric and neon signs, outdoor advertising signs.
Musical instruments, toys, novelties, and rubber and metal hand stamps.
Pottery and other ceramic products using only previously pulverized clay,
and kilns fired only by electricity or gas.
Products from the following previously prepared materials: bone, canvas,
cellophane, cloth, rope, cord, twine, feathers, felt, fiber, fur, glass,
hair, horn, leather, paper, cardboard, plastics, natural and synthetic
rubber, precious or semi-precious metals or stones, shells, textiles,
tobacco, wax, wood, yarns, light metal mesh, pipe, rods, strips or
wire.
Small precision instruments, such as barometers, clocks, watches and
compasses.
K. Printing, lithographing or film processing plants.
L. Radio and television broadcasting stations and studios, but not
including antennas or towers.
M. Warehouses for storage of merchandise or material in connection with
the uses permitted in this district only.
N. Heliports.
O. A light metal fabrication facility – fabrication of metal using modern
technology, such as lasers and computer numerically controlled equipment,
and in which there is no heavy type of processing such as punch presses,
stamping, shearing, casting, forging, or iron workers. Within 30 feet of the
structure containing such facility, noise shall not, at any time, exceed 65
decibels.
2. Permitted Accessory Uses.
A. Accessory uses of land or structures customarily incidental and
subordinate to any of the above principal uses.
B. Dwellings for watchman or caretaker.
C. Employee cafeteria or other food concession in conjunction with
permitted uses.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
3. Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19.
Front Yard 30 feet;
Side Yard
None required except when adjacent to an R or C-1
District or street right-of-way line, a side yard of 40
feet shall be required.
Rear Yard 30 feet, unless the rear lot line adjoins a railroad right-
of-way, in which case, none required.
Maximum Height
40 feet, except that radio communication towers
constructed in compliance with Chapter 151 of this
Code of Ordinances may not exceed 45 feet in height.
Maximum Number of
Stories 3 stories
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 and Building Design Standards Requirements. Buildings should be
designed according to Chapter 160 of this Code of Ordinances and provide
architectural interest indicative of the varying uses internal to the building as
illustrated in the adopted Architectural Design Example Book.
6. Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 15 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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
[The next page is 1457]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.28 M-1A LIMITED INDUSTRIAL DISTRICT. The M-1A District is intended and
designed to provide areas of the City suitable for activities and uses of a medium industrial
nature.
1. Principal Permitted Uses. Only the use of structures or land listed in this
section shall be permitted in the M-1A District.
A. Any use permitted in M-1 Districts.
B. Adult entertainment businesses.
C. Bag, carpet and rug cleaning.
D. Bakeries.
E. Welding or other metal working shops.
F. Carting, express, hauling or storage yards; contractors equipment and
materials storage yards.
G. Creamery, bottling works, ice cream manufacturing (wholesale), ice
manufacturing and cold storage plant.
H. Distribution centers
I. Enameling, lacquering or japanning.
J. Laboratories – research, experimental and testing.
K. Lumber yards and building material sales yards.
L. Machine shops.
M. Manufacture of musical instruments and novelties.
N. Manufacture or assembly of electrical appliances, instruments and
devices.
O. Manufacture of pottery or other similar ceramic products, using only
previously pulverized clay and kilns fired only by electricity or gas.
P. Manufacture and repair of electric signs, advertising structures, sheet
metal products, including heating and ventilating equipment.
Q. Milk distribution station.
R. Manufacture of wood products not involving chemical treatment.
S. Manufacturing, compounding, processing, packaging or treatment of
cosmetics, pharmaceuticals and food products except; fish and meat products,
cereals, sauerkraut, vinegar, yeast, stock feed, flour and the rendering or
refining of fats and oils.
T. Manufacture, compounding, assembling or treatment of articles or
merchandise from previously prepared materials such as bone, cloth, cork,
fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood.
U. Printing plant.
V. Storage and sale of livestock feed, providing dust is effectively
controlled.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
W. Flammable liquids storage not to exceed 40,000 gallons, provided it is
located at least 200 feet from any R District.
X. Wholesale storage and warehouse establishments.
Y. Monument sales yards.
2. Permitted Accessory Uses. Accessory uses customarily incidental to a
permitted principal use, including accessory uses permitted in the M-1 District.
3. Required Conditions. No use shall be permitted to be established or
maintained which by reason of its nature or manner of operation is or may become
hazardous, noxious, or offensive owing to the emission of odor, dust, smoke, cinders,
gas, fumes, noise, vibrations, refuse matter or water-carried waste.
4. 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 35 feet
Minimum Side Yard No minimum, except when adjoining an R District or
C-1 District or street right-of-way, the minimum side
yard setback shall be 40 feet.
Maximum Height 40 feet – principal building
1 story or 14 feet accessory building
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 15 percent of the gross lan d 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.
8. Adult Entertainment Businesses, as Permitted in M-1A and M-2 Districts. It
is the purpose of this section to regulate adult entertainment businesses to limit their
inherent adverse impact in the community while at the same time permitting lawful
businesses to conduct operations in the community. The Council finds as evidenced
in other cities that the number of adult entertainment businesses is increasing and that,
because of their very nature, are recognized as having serious, objectionable
operational characteristics, which are magnified when located in close proximity to
dwellings, churches, schools, and parks. Special regulation of adult entertainment
businesses is necessary to ensure that these adverse effects will not contribute to the
blighting or downgrading of the surrounding neighborhood. The Council further finds
that these regulations are necessary to protect the youth of this community from the
objectionable operational characteristics of such businesses by restricting their
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
location. The Council further finds that these regulations are necessary to protect the
health, safety and general welfare of all residents of the community.
A. Limitations. Adult entertainment businesses are subject to the
following restrictions, and no person shall cause or permit the establishment
of any adult entertainment business contrary to said restrictions:
(1) No adult entertainment business shall be open for business
between the hours of 12:00 midnight and 6:00 a.m.
(2) An adult entertainment business shall not be allowed within
500 feet of another existing adult entertainment business.
(3) An adult entertainment business shall not be located within
500 feet of any residentially zoned district.
(4) An adult entertainment business shall not be located within
1,000 feet of a preexisting school, public park, or church.
Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the main entrance of such adult entertainment
business to the point on the property line of such other business, school,
church, public park or areas zoned for residential use which is closest to the
said main entrance of such adult entertainment business.
B. Prohibited Activities of Businesses.
(1) No adult entertainment business shall employ any person
under 18 years of age.
(2) No adult entertainment business shall furnish any
merchandise or services to any person who is under 18 years of age.
(3) No adult entertainment business shall be conducted in any
manner that permits the observation of any model or any material
depicting, describing or relating to specified sexual activities or
specified anatomical areas by display, decoration, sign, show window
or other opening from any public way or from any property not
licensed as an adult use. No operator of an adult entertainment
business or any officer, associate, member, representative, agent,
owner, or employee of such business shall engage in any activity or
conduct or permit any other person to engage in any activity of
conduct in or about the premises which is prohibited by this section or
any laws of the State.
(4) No part of the interior of the adult entertainment business
shall be visible from any pedestrian sidewalk, walkway, street, or
other public or semipublic area.
(5) An adult entertainment business shall post a sign at the
entrance of the premises which shall state the nature of the business
and shall state that no one under the age of 18 years is allowed on the
premises. This section shall not be construed to prohibit the owner
from establishing an older age limitation for coming on the premises.
(6) Except as hereinafter provided, no person shall intentionally
expose those parts of his or her body hereinafter listed to another in
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
any public place, or in any place where such exposure is seen by
another person or persons located in any public place.
a. A woman’s nipple, the areola thereof, or any portion
of the female breast at or below the nipple thereof, except as
necessary in the breast feeding of a baby.
b. The pubic hair, pubes, perineum, or anus of a male or
female, the penis or scrotum of a male, or the vagina of a
female, excepting such body parts of prepubescent infants of
either sex.
C. Establishment of Business Described. Establishment of adult
entertainment business shall include the opening of such business as a new
business, the relocation of such business, or the conversion of an existing
business location to any of the uses described in Section 165.02(3) of these
zoning regulations.
D. Special Use Permit. The adult entertainment businesses may be
permitted subject to approval by the Council after public hearing. In its
determination upon the particular use at the location requested, the Council
shall consider all of the following provisions:
(1) The proposed location, design, construction, and operation of
the particular use adequately safeguards the health, safety, and
general welfare of persons residing or working in adjoining or
surrounding property.
(2) Such use shall not impair an adequate supply of light and air
to surrounding property.
(3) Such use shall not unduly increase congestion in the streets or
public danger of fire and safety.
(4) Such use shall not diminish or impair established property
values in adjoining or surrounding property.
(5) Such use shall be in accord with the intent, purpose, and spirit
of these zoning regulations and the Comprehensive Plan of the City.
E. Application Requirements. Applications for an adult entertainment
business under the terms of this section shall be accompanied by evidence
concerning the feasibility of the proposed request and its effect on
surrounding property and shall include a site plan defining the areas to be
developed for buildings and structures, the areas to be developed for parking,
the locations and driveways and the points of ingress and egress, the location
and height of walls, the location and type of landscaping, the location, size
and number of signs and the manner of providing water supply and sewage
treatment facilities.
[The next page is 1465]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.29 M-2 HEAVY INDUSTRIAL DISTRICT. The M-2 District is intended and
designed to provide areas for development of property characterized by production,
manufacturing, distribution, or fabrication activities not suitable within the M-1 or M-1A
Districts.
1. Principal Permitted Uses. Only the use of structures or land listed in this
section shall be permitted in the M-2 District.
A. Uses permitted in the M-1A District, provided that no dwelling unit is
permitted except those for employees having duties in connection with any
premises requiring them to live on said premises, including families of such
employees when living with them.
B. Any other use not otherwise prohibited by law; provided, however,
the following uses shall be permitted subject to approval by the Council after
public hearing, and after report and recommendation by the Commission. The
Council shall consider all the following provisions in its determination upon
the particular use at the location requested:
(1) The proposed location, design, construction, and operation of
the particular use adequately safeguards the health, safety and general
welfare of persons residing or working in adjoining or surrounding
property.
(2) Such use shall not impair an adequate supply of light and air
to surrounding property.
(3) Such use shall not unduly increase congestion in the streets,
or public danger of fire and safety.
(4) Such use shall not diminish or impair established property
values in adjoining or surrounding property.
(5) Such use shall be in accord with the intent, purpose, and spirit
of these zoning regulations and the Comprehensive Plan of the City.
No permit will be issued in the M-2 District, other than those uses meeting the
requirements listed in M-1A, except as specifically approved by the City
Council.
2. Required Conditions.
A. The best practical means known for the disposal of refuse matter or
water-carried waste, the abatement of obnoxious or offensive odor, dust,
smoke, gas, noise, or similar nuisance shall be employed.
B. All principal buildings and all accessory buildings or structures,
including loading and unloading facilities, shall be located at least 100 feet
from any R District or C District boundary except where adjoining a railroad
right-of-way.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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, unless the rear lot line adjoins a railroad right-
of-way, in which case, none required.
Minimum Side Yard No minimum, except when adjoining an R District,
the minimum side yard setback shall be 100 feet.
Maximum Height no limit – principal building
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 10 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.
[The next page is 1475]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.30 PD PLANNED DEVELOPMENT DISTRICT. The PD (planned development)
overlay district is intended to provide flexibility in the design of planned projects, to
encourage innovation in project design that incorporates open space and other amenities, and
to ensure compatibility of developments with the surrounding urban environment. The PD
(planned development) district is intended to promote developments that will be advantageous
to the City and its urban form by permitting project design that will surpass the quality of
development resulting from application of the regulations of conventional zoning districts.
While the PD District may appear to deviate from a literal interpretation of the land
development regulations, it is not intended to encourage deviations from the City’s
Comprehensive Plan or overall development objectives. The district shall not be used to
secure approval for projects that do not conform to the City’s Comprehensive Plan.
1. PD-1 District Established. In order to permit maximum applicability of the
PD district, the PD-1 District is hereby created. The PD-1 (general planned
development) District is intended to accommodate large, comprehensively planned
developments that are likely to develop over a relatively long period of time. The
PD-1 creates special guidelines and regulations to ensure that development over time
conforms to an established master plan. The PD-1 also may establish the preliminary
plat for those projects which require platting.
2. Criteria For Use. The PD (planned development) District is generally
intended for use in the following urban contexts:
A. Vacant Land. Areas of substantial open space where the structure of
conventional zoning may artificially limit or constrain good urban design,
may restrict the achievement of the city's development objectives, or may not
be appropriate to changes in technology or demand consistent with the best
interests of the City.
B. Community Development Areas. Community development areas are
areas of the City that are in need of rehabilitation or redevelopment, including
areas that may be deficient in public facilities or services. In these situations,
the PD District may encourage private investment by recognizing the need for
flexibility that conventional zoning regulations do not provide.
C. Neighborhood Contexts. Neighborhood contexts are areas in which
sensitive project design is critical to maintain and protect the value of
surrounding residential neighborhoods and other sensitive or vulnerable urban
settings.
D. Large Projects. Large projects are projects that have substantial
effects on their urban and rural surroundings because of their size and scale.
E. Large Areas. Large areas are areas that may be zoned prior to
development by the Commission and Council consistent with the
Comprehensive Plan, but which require individual project approval as
development occurs.
3. Permitted Land Uses. A planned development may include residential, office,
commercial, industrial, or public land uses, subject to the requirements of the
underlying zoning district.
4. PD-1 District Requirements; Application Procedure.
A. Minimum Size. The minimum size of a PD-1 District shall be three
acres.
B. Pre-Application Concept Plan. Prior to filing an application for
approval of a PD-1 District, the applicant shall meet with the administrative
official for the purpose of submitting a pre-application concept plan. This
plan shall illustrate the conceptual overall plan for the district and shall
include at a minimum the information required in Table 1, subsection 6 of this
section.
C. Review and Comment On Plan. The administrative official shall
review and comment on the proposed concept plan and shall provide the
applicant with written comments within 30 days of submission of the concept
plan.
D. Criteria for Consideration. The review of the concept plan shall
include consideration of the following criteria:
(1) Land use intensity and density.
(2) Ability to provide a positive environment for intended uses,
including schematic building configurations, arrangements, and
general landscaping and site design.
(3) Use of open space.
(4) Impact on the surrounding natural and built environment.
(5) Adequacy of on- and off-site transportation and utility
systems to serve the proposed project.
(6) Consistency with the City’s Comprehensive Plan.
E. Filing of Formal Application. Following review of the pre-
application concept plan, the applicant may proceed with filing a formal
application for approval of a PD-1 District. This plan shall illustrate the
development master plan for the district and shall include at a minimum the
information required in Table 1, subsection 6 of this section.
F. Development Agreement. A PD-1 application shall include a
development agreement establishing the development regulations for the
district unless initiated by the Commission or Council. The development
agreement shall specify the following regulations:
(1) Location and quantities of various land uses.
(2) Maximum floor area ratios and residential densities.
(3) Maximum building and impervious coverage.
(4) Front, side, and rear yard setbacks.
(5) Maximum heights of proposed structures.
(6) Design standards applicable to the project.
(7) Incorporation of graphic development plans and drawings
into the site development regulations.
G. Commission and Council Review. The Commission and Council
shall review and evaluate each PD-1 District application. The Commission
and Council may impose reasonable conditions, as deemed necessary to
ensure that a PD shall be compatible with adjacent land uses, will not
overburden public services and facilities and will not be detrimental to public
health, safety and welfare.
H. Action of Commission. The Commission, after proper notice, shall
consider and act upon each application. The Commission may recommend
amendments to PD-1 District applications. The recommendation of the
Commission shall be transmitted to the Council for final action.
I. Public Hearing by Council. The Council, after proper notice, shall
hold a public hearing and act upon any ordinance establishing a PD-1 District.
Proper notice shall mean the same notice established for any other zoning
amendment.
J. Basis for Decisions. In their respective reviews of the PD-1
application, the Commission and Council shall base decisions on findings of
fact as set forth in the criteria presented in Table 2, subsection 7 of this
section.
K. Filing of Approved Plans. Upon approval by the Council, the
development plan and agreement shall become a part of the ordinance
creating or amending the PD District. All approved plans shall be filed with
the City Clerk.
L. Issuance of Building Permits; Certificates of Occupancy. The City
shall not issue a building permit, certificate of occupancy, or other permit for
a building, structure, or use within a PD-1 District unless it is in compliance
with the approved development plan or any approved amendments.
M. Changes or Modifications To Development Plans. The administrative
official is authorized at his/her discretion to approve amendments to an
approved development plan; provided, that:
(1) A written request is filed with the administrative official,
along with information specifying the exact nature of the proposed
amendment.
(2) The amendment is consistent with the provisions of this
section.
(3) The amendment does not alter the approved site regulations
of the development plan and does not materially alter other aspects of
the plan, including traffic circulation, land uses or land use intensity,
mixture of use types, and physical design.
(4) Any amendment not conforming to these provisions shall be
submitted to the Commission and Council for action.
N. Termination of PD-1 District. If no substantial development has
taken place in a planned development district for three years following
approval of the district, the Commission shall reconsider the zoning of the
property and may, on its own motion, initiate an application for rezoning the
property.
5. Commission- or Council-Initiated PD-1 District. In some situations, the
Planning and Zoning Commission and/or City Council may initiate or approve a
rezoning of an area to a PD-1 District without submission of a detailed development
plan. This action establishes the land uses permitted in an area consistent with the
comprehensive development plan, but requires subsequent approval of specific
projects through the normal PD-1 submission or approval procedures. An application
for creation of such a PD-1 District shall include the following, prepared by the
administrative official or the applicant:
A. Statement. A statement describing the special characteristics of the
district and the reason for its creation.
B. Map. A map indicating the boundaries of the proposed district.
C. Plan. A generalized area development plan for the proposed district,
including:
(1) A land use component, identifying proposed uses and the
extent and location of each use.
(2) A transportation element, identifying any relevant vehicular,
pedestrian, or bicycle transportation improvements necessary to
ultimate development of the area.
(3) A utility service statement, identifying any necessary utility
or infrastructure improvements necessary to the ultimate development
of the area.
(4) An urban design element, if applicable, describing design
frameworks, building scale and relationships, siting, landscape
design, and other guidelines relating to the specific physical or urban
environment of the proposed district.
Table 1, Application Requirements:
Application Requirement PD-1 Concept
Plan
PD-1
Application
Location, size, legal description of site X
Existing topography at two-foot intervals X
Location and description of major site features, including
tree masses, drainageways, wetlands, soils X
Location of 100-year flood plains X
Generalized land use plan X
Proposed types and densities of development X
Generalized internal and external transportation and
circulation system, including pedestrian and bicycle
system
X
Location of driveways or access points adjacent to the
project X
General location and size of buildings or building
footprints X
Site master plan, including general envelopes of
buildings, parking, open space, and other site features X
Description and location of all use types included in the
project, including maximum floor areas devoted to
each use
X
Location and design of vehicular, bicycle, and pedestrian
circulation systems, including relationship to external
transportation system
X
Schematic location and development standards for open
space, including conceptual landscape plan X
Building design standards, including height, materials,
sections, and other information required to describe
the project
X
Location of existing and proposed utilities, sanitary
sewers, storm water facilities, and water, gas, and
electrical distribution systems
X
Proposed site development regulations, including
maximum FAR or other density regulators, building
and impervious coverage, setbacks, maximum
heights, and other design standards specific to the
project
X
Proposed public and private ownership boundaries,
including proposed private lots and common
ownership areas
X
Preliminary plat if applicable X
Final plat if applicable X
Schedule indicating proposed phasing and scheduling of
development X
Deed restrictions, covenants, agreements, association
bylaws, and other documents controlling the use of
property, type of construction, or development or
activities of future residents
If required
Application checklist on a form provided by the City X
Table 2: Review Criteria and Standards For Findings of Fact:
Criteria For Findings of Fact
Building Design:
Architectural quality Architectural design and building materials should be compatible
with surrounding areas or reflect the specific design objectives of a
new development area.
Comprehensive Plan:
Consistency with
development
objectives
Project must be consistent with the City’s Comprehensive Plan,
including applicable special area or specific plans. Project design
should be consistent with the development standards and objectives
of these plans.
Public Facilities:
Public safety Project can be adequately served with police and fire protection.
Storm drainage
Project should handle storm water adequately to prevent overloading
of public storm water management system.
Project should not inhibit development of other properties or create
adverse effects on other sites.
Development should not increase probability of erosion, flooding,
landslides, or other runoff related effects.
Project should maximize preservation and enhancement of natural
drainage features on site and should facilitate storm water storage
techniques consistent with the policies of the City.
Utility service Project is adequately served by public utilities and infrastructure.
Site Development:
Landscaping
Landscaping should be integral to the development, providing street
landscaping, breaks in uninterrupted paved areas, and buffering
where required by surrounding land uses. Project design should
preserve features of environmental importance to the greatest degree
possible. These features include mature trees and woodlands,
wetlands, steep slopes, waterways, and bodies of water.
Open space
Open spaces should contribute to the quality of the overall project
and should provide supporting amenities for residential development.
Open spaces should contribute to the design of the project and, when
appropriate, provide locations for project related activities.
Streetscape Projects should relate to surrounding public streets and contribute to
the quality of the street environment.
Transportation:
Alternative modes Project should make appropriate accommodations for access by
public transportation, bicycles, and pedestrians.
Street network and
continuity
Project should maintain the continuity of the City’s street network or
should provide opportunities for local traffic flow away from major
arterials.
Traffic capacity
Project should not reduce the existing level of traffic service on
adjacent streets. Compensating improvements should be included to
mitigate impact on street system operations.
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169.31 COS CONSERVATION AND OPEN SPACE DISTRICT. The conservation and open space
district is intended to preserve and protect the heavily wooded areas, t he stream banks and flood plains of the
Waukee planning area from adverse future development. It is also intended that development of the flood plains
be restricted to minimize the danger to life and property which results from development undertaken without full
realization of such danger.
1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be
permitted in the Conservation and Open Space District.
A. Agriculture, truck gardening and nurseries, and the usual accessory buildings, but not
including livestock feed lots or poultry farms or similar uses; provided, that no permanent
dwelling units shall be erected thereon.
B. Any use erected or maintained by a public agency.
C. Dumping of approved materials for landfill purposes, subject to prior approval of the
Council and appropriate state agencies.
D. Forests and forestry preserves.
E. Public utility structures, subject to approval of the Board of Adjustment, except those
utilities and structures constructed by the City.
F. Publicly owned parks, nature areas, playgrounds, golf courses and similar
noncommercial recreational uses.
2. Permitted Accessory Uses. Accessory uses customarily incidental to a permitted principal use.
3. Bulk Regulations. The following minimum requirements shall be observed in the Conservation
and Open Space District:
Yards
Front Yard – 50 feet;
Side Yards – 50 feet;
Rear Yard – 50 feet
Maximum Height no limitation
Maximum Number of Stories no limitation
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.
(repeal Chapter 301, replace in entirety) July 15, 2019 – Ordinance 2932