HomeMy WebLinkAbout2019-06-17-H01 Zoning Ordinance Recodification_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 17, 2019
AGENDA ITEM: Public Hearing on an Ordinance to amend and replace Chapter 301,
Zoning Ordinance, Chapter 304, Site Plan Ordinance, and Chapter 305,
Sign Ordinance, of the City of Waukee, Iowa
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: As a part of the overall codification project for the
City, staff has proposed several changes to the Zoning Ordinance, Site
Plan Ordinance and Sign Regulations.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission held a discussion on May 28, 2019.
Zoning Ordinance Amendments Discussion
Development Services Director, Brad Deets, presented the Zoning Ordinance amendments to the
Commission. Mr. Deets explained that the formatting will be different than what it is today in
order to fit with the overall codification of the City Code. He stated that this will need Planning
and Zoning Commission and City Council approval.
Mr. Deets briefly went over some of the changes proposed:
Chapter 160: Site and Building Development Standards
160.04(24) – A requirement has been added to require lighting on private streets,
unless an alternate is provided and approved by Commission
160.05 & 160.06 – Adding back in the section the was previously omitted
regarding parking lot light displays
160.07(4) – Architectural and site design characteristics revised to require certain
percentages of stone or brick on both townhome and multi-family developments
(the previous provision related to not allowing vinyl siding is no longer being
proposed). Mr. Deets explained that the intent of this change is to get more design
interest on public-facing facades.
160.07(5) – Eliminate the requirement of residential style roof for neighborhood
commercial sites
160.07(6) – Further defining primary and secondary materials to be used in other
commercial districts
160.07(8) – Further defining allowable materials within industrial districts
H1
Chapter 161: Landscape and Open Space Requirements
Mr. Deets advised that there are no proposed changes to this section
Commissioner Broderick encouraged staff to look into adding language in regards to encouraging
developers to plant landscaping that will last longer and to look into more creative ways to handle
stormwater. Commissioner Broderick mentioned bioswales and grasses as examples. He also
mentioned that there are a couple good examples of projects using these in Ames. Mr. Deets
explained that the ordinance is written to be a minimum, but that staff would like to continue to
see trees in the landscape islands. Mr. Deets suggested staff would look at language that could be
added to the site plan section of the Ordinance rather than the landscaping section.
Chapter 165: Zoning Regulations Definitions and General Regulations
165.02 – Several definitions have been added and the definition of family has
changed so that it has nothing to do with being related, but has to do with the size
of the bedrooms of a unit
165.06(4) – Further definition added to describe how the height of an accessory
structure is determined
165.07 – New section related to accessory structures added – includes decks, dog
runs, pools, etc.
165.14 – Language added related to fences on double frontage lots, allowing
fences to go up to the landscape buffer easements for a 25 foot setback, rather
than a 30 foot setback. Also, changes the required setback for a fence on a corner
lot, now 20 feet rather than 30 feet.
Chapter 166: Zoning Regulations Administration and Enforcement
The language for notification changing from 200 feet to 250 feet
Chapter 167: Zoning Regulations Signs
Allowing for slightly higher square footage and allowing wall signs on non street-facing
facades
Chapter 168: Zoning Regulations Parking and Loading
Mr. Deets mentioned that this would clean up this section and would not require as many
Planned Developments in the future
Chapter 169: Zoning Regulations District Regulations
Mr. Deets stated that most of the changes in this section are clean-up and clarification. He stated
the following notable changes:
Adding requirements for clubhouses within residential districts
Changing pool fencing height requirements to 48 inches rather than 42 inches
Eliminating commercial daycare uses from residential districts
Eliminating the use of R-3A, Owner Occupied Multi-Family District
Adding language to allow accessory uses within senior living developments
Allowing detached townhomes without a Planned Development Overlay
Removing the height restriction within an office district expect when adjacent to
single family or townhome residential
Mr. Deets explained that once the entire code has been codified, it will be searchable on our
website.
The Planning and Zoning Commission recommended approval of the proposed Zoning
Ordinance Changes at their meeting held on June 11, 2019.
Approval of Zoning Ordinance Amendments
Director of Development, Brad Deets, introduced the request for approval of changes to the
following zoning and site plan ordinances: Chapter 160, Chapter 161, Chapter 165, Chapter 166,
Chapter 167, Chapter 168, and Chapter 169. Mr. Deets advised that there had been additional
language added to Chapter 161 Landscaping and Open Space Ordinance to reflect previous
Commissioner Commentary related to alternative designs to internal parking lot islands. As well
as changes to the sign ordinance regarding square footage allowance for buildings over 50,000
square feet.
At this time staff would recommend approval.
Commissioner Streit questioned if the Feet Farm had to deviate from national design
standards for signage. Mr. Deets advised that staff was still discussing with the project
leaders as they have proposed too much signage, but the ordinance was too restrictive in
application for this size of a building.
Commissioner Koshy questioned if the bio-soil language was exclusive to commercial
use areas. Mr. Deets advised that it was not meant to be taken that way, but that usually
the restrictions become a topic of discussion in the commercial setting. It was initially for
updates for parking islands, but it does not exclude bio-soil alternatives to be suggested
within residential development.
Commissioner Hoifeldt moved to approve the changes to the Zoning Ordinance. The motion was
seconded by Commissioner Koshy. Ayes: Streit, Broderick, Hoifeldt, and Koshy. Nays: None.
Motion Carries.
STAFF REVIEW AND COMMENT: Staff has made the suggested changes to the various
sections based upon the discussion at the Council Worksession held on
May 13, 2019. The proposed ordinances were discussed at length during
a worksession held with the Planning and Zoning Commission on May
28, 2019.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS: I. Planning and Zoning Memo dated 5/24/19
II. Planning and Zoning Memo dated 6/7/19
III. Chapter 160 Site Plan Ordinance Redline
IV . Chapter 161 Landscaping and Open Space Ordinance Redline
V. Chapter 165 Definitions and General Regulations Redline
VI. Chapter 166 Administration and Enforcement Redline
VII. Chapter 167 Sign Regulations Redline
VIII. Chapter 168 Parking and Loading Redline
IX. Chapter 169 District Regulations Redline
PREPARED BY: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: June 6, 2019
M emo
Waukee City Hall 230 Highway 6 Waukee IA 50263
Office: (515) 987-4522 Cell: (515) 250-7986 Facsimile: (515) 987-1845
To: Planning and Zoning Commission
From: Brad Deets, Development Services Director
Date: May 24, 2019
Re: Proposed Changes to the Zoning Ordinance
Attach: Redlined Zoning Chapters
For some time, the City has been working towards a recodification of the entire City Code.
The zoning ordinance makes up a large part of the overall City Code. Modifications to the
zoning ordinance require review and a recommendation prior to consideration by the City
Council. It is the intent to move forward with approval of the proposed zoning code changes
prior to consideration of the entire City Code by the City Council.
Staff will review the proposed changes to the zoning code with the Planning and Zoning
Commission on May 28, 2019. Following that review and discussion, staff will request
consideration of approval of the zoning code changes at the Planning and Zoning Commission
meeting scheduled for June 11, 2019.
As a part of the larger codification project, the zoning ordinance has been reformatted with
various sections being relocated throughout the code. The proposed redline chapters include
the modified format. The proposed changes beyond just formatting are identified in red.
A majority of changes are simply clean-up items and wording. Some changes however are
more significant. In an attempt to make it easier for the Commission to review the proposed
changes, staff has provided some comments and notes on the more significant changes within
the individual sections below. Note that the changes below reflect the memo that was
previously provided on April 5, 2019 with a couple of exceptions. The exceptions to the prior
memo are referenced below in red font.
Chapter 160: Site and Building Development Standards
160.04 (24): A requirement has been added for street lights along private streets unless
an alternative to street lights is proposed and approved by the Commission
160.05 and 160.06: There are a lot of changes proposed within the lighting section of
the ordinance. It was discovered that a previous amendment to the lighting section
which mainly deals with parking lot lighting for display lots had been omitted from the
last adopted site plan ordinance. The proposed red lines within this section are to add
back in the provisions for display lot lighting that were accidentally omitted. Some
language has also been updated to reflect current trends in lighting. An example would
be removal of halogen and metal halide for lighting lamps as LED is now preferred
type of lighting.
M emo
Waukee City Hall 230 Highway 6 Waukee IA 50263
Office: (515) 987-4522 Cell: (515) 250-7986 Facsimile: (515) 987-1845
160.07 (4): The architectural and site design characteristics has been revised to require
certain percentages of stone or brick on both townhomes and multi-family
developments. Language has also been added stipulating that those elevations
which front either a public or private street shall employ a variety of textures and
colors as well as window and door details. Staff had previously proposed
eliminating vinyl siding as an allowable building material for townhome and
multi-family developments. This provision is no longer being proposed.
160.07(5): For neighborhood commercial sites (zoned C-1A), the language has been
revised to eliminate the requirement of a residential roof style.
160.07(6): For other commercial areas, permitted building materials have been further
defined for both primary and secondary materials.
160.07(8): For industrial areas, allowable materials have been further defined and a
percentage has been placed on permitted secondary materials. Additionally, some
further language specific to mini-storage developments has been added.
Chapter 161: Landscape and Open Space Requirements
No changes have been proposed to the landscape and open space requirements of the
Code.
Chapter 165: Zoning Regulations Definitions and General Regulations
165.02: Several new definitions have been added to the code based upon new items
that are later added within Chapter 169. One specific that has been changed rather
extensively is the definition of family. As a part of the 2018 Iowa General Session, a
new law was adopted that stipulated you could not place a maximum number on the
number of non-related individuals that lived within a single household. The new
definition removes the maximum number and stipulates maximum number of
occupants based upon bedroom sizes. This is very similar language to what other
Cities in the metro have included within their zoning ordinances.
165.06(4): Further definition has been included as to how the height of an accessory
building is determined. This is consistent with our current interpretation and how this
has been calculated in the past. This language just further defines it within the code.
165.07: A new section has been added related to accessory structures. This is really
meant to cover everything else besides an accessory building. Examples include decks,
dog runs, pools, etc.
165.14: Language has been added related to fences on both double frontage lots and
corner lots. For double frontage lots, general practice has been to allow them to be
placed at a distance of 25 feet from the property line which is the typical width of a
landscape buffer easement. The current ordinance however, would still require a 30
foot setback. The proposed language clarifies that issue. Some leniency has also been
proposed for corner lots to reduce the setback for the secondary street frontage from 30
feet down to 20 feet setback. These types of requests have routinely come before the
Board of Adjustment for a variance and in most cases the Board has granted those
variances.
M emo
Waukee City Hall 230 Highway 6 Waukee IA 50263
Office: (515) 987-4522 Cell: (515) 250-7986 Facsimile: (515) 987-1845
Chapter 166: Zoning Regulations Administration and Enforcement
166.12 and 166.20: Language related to notification requirements has been
changed. Staff has proposed changing the language for surrounding consent and
notification from 200 feet to 250 feet. This proposed change puts the City of
Waukee in line with adjoining municipalities and their notification requirements.
Chapter 167: Zoning Regulations Signs
167.07: Staff is proposing some modifications to the building signs to allow for
slightly more square footage of signs as well as additional signage for non-street facing
frontage. We continue to have more developments where the back side of the building
may align with a frontage road or driveway. We are requiring enhanced architecture on
these elevations which generally leads to a better setup for signage. The proposed
changes would allow for secondary signage on those non-street facing facades.
167.08: Similar to stand alone buildings, modifications for building signage is
proposed for multi-tenant buildings.
167.13: Association identification signage is becoming more common and is separate
from tenant signage as it relates the name of the development, shopping center, etc. We
are proposing to eliminate the minimum size of the development that is required in
order to allow for association identification signs.
Chapter 168: Zoning Regulations Parking and Loading
168.04: We have removed language related to specific loading spaces based upon
square footage of buildings. We have found that when this has been required on past
projects, that the spaces are not used and are not necessary.
168.06: Language has been added to allow for a reduction in minimum parking when
you have a business or multiple businesses that has differing business hours.
168.09: The language regarding 10 percent landscaping requirements is proposed to be
eliminated. In a lot of cases this is hard to calculate and is very subjective. The
requirements for landscaping within parking lots as included within the landscaping
and open space ordinance makes this calculation unnecessary.
168.10: Slight modifications to parking requirements for specific uses have been
revised to reflect either issues we have dealt with in the past or in the case of multi-
family, utilizing a more standard practice on how parking is calculated.
Chapter 169: Zoning Regulations District Regulations
169.01: The City Council had previously eliminated the C-3 zoning district and this
section did not get updated to reflect that. We are also proposing to eliminate the A-2
district as the language is almost identical to the A-1 zoning district. No property in the
City today is zoned A-2 or C-3.
M emo
Waukee City Hall 230 Highway 6 Waukee IA 50263
Office: (515) 987-4522 Cell: (515) 250-7986 Facsimile: (515) 987-1845
169.05(3) There have been questions in interpretation in the past for accessory
buildings within agricultural districts. The language has been revised to clarify.
Setbacks for accessory buildings are addressed within the general regulations section
for all districts.
169.07: Language related to residential clubhouses has been added into the R-1 zoning
section. The minimum pool enclosure has been changed from 42 inches to 48 inches
which would be a more standard height.
169.07(3): Dwelling Occupant Load was added to make sure that adequate space is
provided based upon the size of the home. The criteria is based upon criteria within the
building code.
169.08(1): We propose to eliminate childcare centers and nursery schools as an
allowable use. In home facilities are allowed under the home occupation provisions.
We do not feel commercial daycare facilities are appropriate for residential areas.
169.09: The current ordinance includes both a rental multi-family residential district
(R-3) and an owner occupied multi-family residential district (R-3A). My
understanding is that the R-3A ordinance was put into place several years ago when
property owners of multi-family developments were converting the properties to
horizontal property regimes for taxation purposes. Changes that were completed in the
state code a couple years ago make this unnecessary as multi-family residential whether
owner-occupied or rental is classified the same for valuation and taxation purposes.
Other than the provision/requirement for the R-3A zoning district to be owner
occupied, there are no other differences. Regulation of whether or not an individual
chooses to rent a multi-family unit is almost impossible at the City level. We are
proposing to revise the R-3 district to simply state multi-family. We are proposing to
leave the R-3A zoning district within the code as there are a few properties within the
City that are zoned R-3A. However, a provision is being included within the R-3A
section stating that no additional property should be rezoned to R-3A.
169.09(2): In most multi-family residential developments (senior living developments
in particular), there are traditionally some more commercial uses that are for the benefit
of the residents living within the development. We have added language and
provisions to recognize this accessory use to the underlying use of the property for
multi-family residential.
169.09(3): We have simplified the bulk the lot area and lot area per dwelling unit and
just propose an overall density requirement. The proposed density is based upon the
previous lot area per dwelling unit calculation.
169.10(1): A provision has been added stipulating that after the code adoption, no
property shall be zoned or rezoned R-3A.
169.11: We are proposing significant changes to the R-4 townhome section. The use
section has been revised to reflect the other residential district codes. Additionally,
townhomes has been defined to allow for both attached units as well as detached units.
A recent trend has included the development of detached townhomes that are developed
within a townhome setting with common maintenance of the yards, sidewalks, streets
and driveways. The proposed language would allow for this type of development
M emo
Waukee City Hall 230 Highway 6 Waukee IA 50263
Office: (515) 987-4522 Cell: (515) 250-7986 Facsimile: (515) 987-1845
without having to go through a Planned Development overlay as has been done in the
past.
169.11(6): The current code has language that allows the developer to treat and
develop property zoned R-4 like a single family zoning district. We feel this is
unnecessary and that if there is a desire to develop something other than a townhome
project in the R-4 district, then the property can be rezoned either to R-1 or R-2.
169.12: The R-5 zoning district is effectively a Planned Development residential
district that for the most part defines all minimum requirements as a part of a covenant
on the property. Although we do have some developments zoned R-5 today, we have
not utilized this district for purposes of new development over the last 15 years. Similar
to the R-3A district, we are recommending language specifying that existing property
zoned this will be governed under these code provisions but that no future property
would be zoned under the R-5 zoning district.
169.14(1): The permitted uses within the community commercial district have been
updated based upon specific uses we have seen occur in other communities as well as
to clean up a number of existing uses that are very similar in nature.
169.14(4): Approximately 15 years ago, the C-1B zoning ordinance was established
related to buildings that are 50,000 square feet or larger. Similar to the multi-family
residential, there are very few differences between the C-1 and C-1B district other than
size. Staff is proposing to eliminate the C-1B zoning district from future rezoning as
we don’t see the need to have a separate zoning district for commercial buildings over a
certain size.
169.17(1): The C-2 zoning district is specific to the downtown triangle area. The
allowed uses are generally consistent with what is also permitted within the C-1A
zoning district. Staff proposes to simplify this code section to reference uses permitted
within the C-1A district as well as other uses as were anticipated in the district that are
not permitted in C-1A.
169.18(1): The permitted uses within the C-4 zoning district have been revised to
reflect what is typically seen as allowable uses within an office setting.
169.18(3): The height restriction within the office district has been removed with the
exception of when the district is adjacent to single family residential or townhome
property.
M emo
Waukee City Hall 230 Highway 6 Waukee IA 50263
Office: (515) 987-4522 Cell: (515) 250-7986 Facsimile: (515) 987-1845
To: Planning and Zoning Commission
From: Brad Deets, Development Services Director
Date: June 7, 2019
Re: Proposed Changes to the Zoning Ordinance
Attach: Redlined Zoning Chapters
City staff reviewed the proposed changes to the various zoning and site plan ordinances at the
meeting held on May 28, 2019. As a follow-up to that conversation, staff has added some
additional language to Chapter 161 Landscaping and Open Space Ordinance to reflect
comments provided by Commissioner Broderick regarding alternative designs to internal
parking lot islands. The additional language is included in Section 161.05.
Pending no additional comments, staff respectfully requests approval of the new Zoning
Ordinance Chapters:
Chapter 160: Site and Building Development Standards
Chapter 161: Landscape and Open Space Requirements
Chapter 165: Zoning Regulations Definitions and General Regulations
Chapter 166: Zoning Regulations Administration and Enforcement
Chapter 167: Zoning Regulations Signs
Chapter 168: Zoning Regulations Parking and Loading
Chapter 169: Zoning Regulations District Regulations
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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 imp roved, 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 subject
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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 the
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 Commission
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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, and address and telephone number of property owner. , including
telephone and fax number.
2. Name, and address and telephone number of applicant, if different than
property owner.
3. Name, and address and telephone number of plan preparer., including telephone
and fax number.
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 def ined parking area,
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
and its percentages of the total parking area should be calculated and indicated in square
feet.
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.
12.13. If applicable to the proposed building uses of the site, the number of required
and provided queuing spaces should be indicated.
13.14. If applicable to the proposed building uses of the site, the number of required
and provided loading stalls should be indicated.
14.15. All setback requirements of the applicable zoning district within which the
proposed site is located.
15.16. 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.
16.17. 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
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
determine the feasibility of the proposed development in relation to the design
standards set forth herein.
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.
17.18. 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.
18.19. 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.
19.20. Pedestrian corridors from any public street to all proposed principal buildings.
20.21. 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.
21.22. All existing and proposed access drives to the site from a public street,
including appropriate spacing as determined by the Waukee Major Streets Plan.
22.23. 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.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
23.24. The use of private streets shall be allowed if the pr oposed private streets meet
the following criteria:
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.
E.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.
24.25. 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.
25.26. 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.
26.27. 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.
27.28. Individual parking stalls, as appropriate and differentiated from parking aisles.
Stalls intended to accommodate accessibility for persons with disabilities should be
indicated appropriately.
28.29. 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.
29.30. 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.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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. The vertical photometric plan shall only be required
along the property line with a maximum spacing of 10 feet.
30.31. The location and type of all existing and proposed signage. All signage shall
meet the requirements of Chapter 167 of this Code of Ordinances.
31.32. 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.
1.3. “Exterior lighting” means temporary or permanent lighting that is installed,
located, or used in such a manner to cause light rays to shine outdoors.
2.4. “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.
3.5. “Floodlight” means a lamp that incorporates a reflector or a refractor to
concentrate the light output into a directed beam in a particular direction.
4.6. “Foot-candle” means the illuminance measured one foot from a one candle
source.
5.7. “Full cut-off” means a shielded light fixture that emits no light above a
horizontal plane touching the lowest point of the fixture.
6.8. “Glare” means the light in a direction near one’s line of sight that either causes
discomfort to the eye or impairs visibility.
7.9. “Horizontal and vertical foot-candles” means the illuminance, measured by a
light meter, striking a vertical or horizontal plane.
8.10. “Illuminance” means the intensity of light in a specified direction measured at
a specified point.
9.11. “Light” means a form of radiant energy acting on the retina of the eye to make
sight possible.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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.
10.14. “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 halogen, metal halide, LED,
or others with similar qualities to reduce glare and provide for improved color correct
vision. Full cut-off high pressure sodium lamps, not exceeding a maximum lumen
rating of 16,000 lumens, may be used in outdoor storage areas where the need for good
color rendering capabilities for safety and security is not necessary. Such areas must
not be accessible to the general public or adjacent to any R-zoned property.
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.
D. An exterior lighting fixture that emits less than 1800 lumens shall not
be required to be a full cut-off fixture, provided that the lamp itself creates no
glare or has an opaque covering.
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)
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
A. The mounting height for lighting fixtures shall not exceed 33 feet from
grade to the top of the lighting fixture.
A. 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 a display
lot lighting fixture adjacent to a public right of way shall be 30 feet.
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.
5.6. 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.
6.7. 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
Formatted: Outline numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
1" + Tab after: 1" + Indent at: 1"
Formatted: Outline numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 3 + Alignment: Left + Aligned at:
1" + Tab after: 1" + Indent at: 1"
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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.
7.8. Pedestrian Walkway Lighting. All pedestrian walkways shall be lit by
pedestrian-level, bollard-type lighting (4 feet height maximum), ground mounted
lighting, pole lighting (12 feet height maximum), or other low, glare-controlled fixtures
that are mounted on building or landscape walls.
8.9. 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.
9.10. 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 distric ts 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.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
E. At the time of site plan and elevation drawing presentation to the
Downtown Design Committee, Planning and Zoning Commission, and/or City
Council, the applicant shall may be required to provide material and color
samples identifying of all proposed exterior finishes. illustrated by the elevation
drawings.
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
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 us e 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.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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 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, and 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 majorhighway, 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. Loading areas, overhead doors, or service areas shall not face the
corridor.
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-3, R-3A, or 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.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
(5) The use of architectural accents such as chimneys, balconies,
pediments, columns, cornice lines, or moldings.
C. Each building shall be designed with same level of architectural style
on all sides. The use of brick and/or stone shall be incorporated into each façade
of every structure within a townhome, row dwelling, or multi-family
development. 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.
C.
D.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.
E.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. Principal buildings shall be located so that the main entrance of the
building is facing a public street right-of-way.
B.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.
C.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.
D.C. The use of building materials shall follow principles of tripartite
architecture where a defined base, middle, and top (roofline) are established.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
E. A residential style roof (e.g., mansard, pitched, gabled, etc.) shall be
required of all structures proposed within the Neighborhood Commercial
Districts unless otherwise specified or permitted herein.
F. The residential style roof requirement for principal structures may be
substituted by the use of two or more of the following alternatives:
(1) The use of awnings on all window areas.
(2) The use of large display windows on façades facing a public
street.
(3) The articulation of façades into segments of 20 feet or less in a
manner as specified in this section.
(4) The inclusion of an ornamental structure on the building such
as a clock, chimney, fountain, etc.
(5) Additional streetscape or landscaping including unique
hardscapes, plazas, or other outdoor amenities provided internal to the
site beyond the minimum requirements in an amount approved by the
administrative official.
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.
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 gro ups. 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
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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.
D.E. Common ribbed metal panels shall not be permitted as an allowed
principle or secondary material within the Community Commercial and Office
Districts.
E.F. Principal buildings shall be oriented and located in a manner which
allows for shared access drives and/or parking with adjacent principal
buildings.
F.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.
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; and (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 secondary
materials not specifically described shall meet the intent of this section in
promoting an appearance of permanency.
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
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.
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CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
CODE OF ORDINANCES, WAUKEE, IOWA
-1-
CHAPTER 161
LANDSCAPE AND OPEN SPACE REQUIREMENTS
161.01 Purpose and Scope 161.05 Off-Street Parking Areas
161.02 Landscaping Regulations 161.06 Buffers and Screening Requirements
161.03 Minimum Open Space Required 161.07 Reduction in Required Buffer
161.04 Minimum Planting Requirements
161.01 PURPOSE AND SCOPE. The purpose of this chapter is to establish minimum standards for
the preservation, installation, and maintenance of landscape plantings and landscaped open space in
residential, commercial, and industrial districts, to utilize landscaping and landscaping open space as an
effective means of energy conservation, to preserve open space, to improve property values, and to maintain
the aesthetic quality of the City, thereby promoting the health and general welfare of the City.
161.02 LANDSCAPING REGULATIONS. All of the following standards shall apply to all required
landscape plantings:
1. Interference with Site Drainage. Landscape plantings shall not be placed where they
interfere with site drainage.
2. Plantings Shown on Approved Site Plan. Landscape plantings shall not be placed in any
public utility easement unless specifically permitted on the approved site plan.
3. Interference with Public Utilities. Plantings shall not be placed where they may interfere
with maintenance of sanitary and storm structures, fire hydrants, or water valves, or any other public
utility.
4. Approved Plantings. Landscape plantings shall not be placed in any public street right-of-
way unless previously approved by the City Council and shall not be counted toward fulfillment of
the minimum site requirements set forth below.
5. Vision Clearance Triangle. Vision clearance triangle shall be maintained at all times.
6. Restoration with Sod. All disturbed land shall be restored with sod, unless specifically
approved otherwise. In residential districts or uses, the entire front yard, side yard, and rear yard
to the building setback line shall be sodded. In all cases, the adjacent right-of-way shall be sodded.
7. Survey of Larger Trees. A survey of trees larger than six-inch caliper in diameter is
required for sites with such existing trees. The tree inventory shall include species, size, and a
location map. Such plan shall be included in the initial development submittal.
8. Existing Landscaping Identified and Protected. All existing landscaping that is not to be
removed pursuant to the grading, landscape or site plan, shall be clearly identified and, prior to
issuance of a permit, shall be protected by fencing located around the drip line of the tree,
maximizing the protection of the root zone area. The administrative official may waive this
requirement if the landscaping to be saved is not located in the immediate area where construction
is to occur.
9. Preservation of Existing Landscaping. Whenever practical, existing landscaping shall be
preserved and incorporated into the overall design and layout of the site.
10. Quantity of Trees Required. In sites where landscaping existed and was retained during
development, the minimum quantity of trees required may be reduced by the total amount of caliper
saved in the case of a deciduous tree or the total height in the case of an evergreen tree. No more
than 50 percent of required plants may be waived in this manner.
11. Plantings Prohibited. Plant species to be used for landscaping shall be acceptable to the
City if they are not considered a nuisance or undesirable species such as trees with thorns,
cottonwood or cotton bearing poplars, elm trees prone to Dutch Elm Disease and box elder.
161.03 MINIMUM OPEN SPACE REQUIRED. It is recognized that the extensive use and excessive
congestion of land may become hazardous to the general health and welfare of the community. Therefore,
the intent of this chapter shall be to require not less than that open space that is necessary to preserve the
basic qualities and beauty of nature. Open space shall be provided for each site in each district in accordance
with the table below. Values are in percentage of total site unless specified herein:
R-3 R-3A R-6 C-1 C-1A C-1B C-2 C-4 M-1 M-1A M-2
20 20 250 square
feet per lot
devoted to
recreational
area
20 20 20 None 25 15 15 10
The calculation of required open space shall not include sidewalks in the minimum required open space.
161.04 MINIMUM PLANTING REQUIREMENTS. The provisions below represent the minimum
standards required for compliance of this chapter. These regulations are not intended to suppress creative
design concepts or the use of variety in the landscape plan.
1. Minimum Size. The minimum size for required plantings, other than those in required
buffers, shall be as follows:
A. Deciduous overstory trees shall be a minimum of 8 feet in height.
B. Evergreen overstory trees shall be a minimum of 6 feet in height.
C. Deciduous ornamental trees shall be a minimum of 6 feet in height.
2. Minimum Quantity. The minimum number of plantings per site shall be as follows:
A. A minimum of 50 percent of all required trees shall be overstory shade trees.
B. For all uses except single-family attached and detached residential dwellings, a
minimum of 25 percent of all required trees shall be evergreen trees.
3. Minimum Planting Quantities:
R-1, R-2, R-4, R-6 R-3, R-3A, Commercial, Industrial
2 trees per dwelling unit 1 tree per 1,000 square feet of required open space;
1 shrub per 1,000 square feet of required open space
4. Values expressed in the table above are in addition to plantings required in buffers and
screening.
161.05 OFF-STREET PARKING AREAS. All of the following requirements shall apply to off-street
parking areas except for single-family attached and detached parking in driveways as follows:
1. All rows of parking spaces shall be provided a terminal landscaped island, with a minimum
width of ten feet and a minimum length of 17 feet for single parking rows and 34 feet for dual
parking rows, to protect parked vehicles, provide visibility, confine moving traffic to driveways,
and provide space for landscaping.
2. There shall be provided within each row of parking spaces, landscaped islands, with a
minimum width of 6 feet and a minimum length of 17 feet for single parking rows and 34 feet for
dual parking rows, located so as to prevent more than 15 vehicles from being parked si de by side
in an abutting configuration.
3. All landscaped islands required in subsections 1 and 2 of this section shall be planted with
at least one ornamental or one deciduous overstory tree. A minimum of 50 percent of the
landscaped islands shall be provided with a deciduous overstory tree. The entire landscaped island
area shall be covered with plant materials, lawn, or mulches.
4. The setback between the parking area and the public right-of-way shall be landscaped with
a minimum of one overstory deciduous tree per 40 linear feet of frontage. The frontage calculation
shall be exclusive of the driveways. The plantings may be planted individually or in clusters. This
requirement shall be included in the minimum number of trees required for the site and is n ot in
addition to.
4.5. To encourage the use of alternative design practices and green infrastructure, the City
Council upon a recommendation of the Planning and Zoning Commission, may accept alternative
landscape covers and/or designs for parking lot islands, if designed appropriately and in concert
with surrounding development.
161.06 BUFFERS AND SCREENING REQUIREMENTS. It is recognized that the transition from
one district to another district of contrasting and conflicting uses is across a line in theory, not in existence.
Therefore, it is the intent of this chapter to require the actual provision of a physical barrier so as to reduce
possible harmful or detrimental influence one zoning district’s use may have to an abutting and contrasting
or conflicting zoning district’s use. The following are conditions for requiring a buffer:
1. Any lot for residential use, having both its front and r ear lot lines abutting a public
thoroughfare (a double frontage lot) shall require 25 feet adjoining the thoroughfare from which no
access is planned or permitted.
2. Buffers shall be provided in accordance with the following table. Values are in feet:
AR, R-1,
R-2
R-3, R-3A,
R-6
R-4 Commercial
Except for
C-2
Industrial
AR, R-1,
R-2
-- 25 25 30 40
R-3, R-3A,
R-6
25 -- 25 30 40
R-4 25 25 -- 30 40
Commercial,
except for
C-2
30 30 30 -- 40
Industrial 40 40 40 40 --
3. The more intense use shall provide the buffer required above. In an instance where adjacent
property is down zoned, thereby requiring additional buffer, the newly zoned property shall provide
the additional required buffer.
4. The following shall be the minimum requirement. All buffers shall provide the plantings
as prescribed below.
Buffer Material Requirements (Per 50 Linear Feet of Buffer)
25 feet 1 overstory 2 evergreen 2 ornamental
30 feet 2 overstory 3 evergreen 2 ornamental
40 feet 2 overstory 4 evergreen 3 ornamental
5. Whenever practical, existing trees and shrubs should be preserved and incorporated into
the overall design of the buffer and can be included to meet the total number of required trees. A
continuous earthen berm, minimum of three feet in height, shall be provided in addition to the
required plantings.
6. Whenever practical, existing trees and shrubs should be preserved and incorporated into
the overall design of the buffer and can be included to meet the total number of required trees. A
continuous earthen berm, minimum of three feet in height, shall be provided in addition to the
required plantings.
7. In addition to the required permanent landscape buffer, the City Council may require a
fence or a heavily landscaped earth berm to provide additional screening. Such fence shall be
constructed of substantial support elements, including, but not limited to, brick, poured concrete,
and stone. Steel posts shall not be considered appropriate.
8. Required yards shall be measured from the lot lines as prescribed in this chapter. Buffer
may be included in yards required by this chapter. No building, parking, or structures shall be
permitted within any buffer, unless authorized by the City Council.
9. In a residential subdivision, the developer of the subdivision shall be required to install the
buffer improvements as required by this section. The owner of the adjacent private property shall
maintain the buffer in perpetuity.
10. In a situation that has landscape requirements other than those stated in the buffering
requirements, the buffer requirements shall be in addition to any other required landscaping.
11. The need to establish the buffer as an easement shall be reviewed and identified during the
development review process. Easements shall generally be required between different zoning
districts and for buffering requirements of residential districts. It shall be assumed that the buffer
will be established by an easement unless noted otherwise during the development review process
and approved by the City Council. Buffer easements shall be recorded with the County at the time
of establishment, prior to, or concurrent with the recording of a final plat or the final approval of a
site plan.
12. For single-family residential subdivisions, the landscape buffer shall be submitted for
review and approval as a public improvement, at the same time as the preliminary plat. For any
type of development that requires a site plan review, the buffer plans shall be submitted as a part
of the site plan submittal.
161.07 REDUCTION IN REQUIRED BUFFER. The City Council may, at its discretion, reduce the
required buffer under the following conditions:
1. In those areas where the boundary line abuts permanent natural features that function as a
buffer, including, but not limited to, ponds, severe grades, or mature woodlands, requirements for
a buffer area for that portion of the boundary may be reduced by the City Council in the proportions
that the permanent natural features fulfill the buffer requirements.
2. In those areas where the property abuts an undeveloped property that is shown on the
adopted land use plan as the same or a more intensive use.
3. The abutting property has provided a portion or the entire required buffer.
4. On lots that can present evidence that the above buffer provisions would render the
property unbuildable, the City Council may grant a waiver of the buffer requirements and permit a
fence of not less than six feet in height. Provisions for landscaping to soften the visual appearance
of the fence and provide additional buffering may be required and will be reviewed on a case-by-
case basis.
5. In those areas that abut a public park, the buffer area for that portion of the boundary may
be reduced to 50 percent of the requirement.
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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 Exceptions, Modifications and Interpretations
165.10 Zoning Districts Dividing Property 165.20 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.
2.3. “Adult,” as used in these zoning regulations, refers to a person who has attained
the age of 18 years.
3.4. “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
photographic medium or by use of male or female models. In reference to adult
entertainment businesses, the following definitions apply:
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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.
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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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 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
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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.
4.5. “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.
5.6. “Alley” means a public way, other than a street, 20 feet or less in width
affording secondary means of access to abutting property.
6.7. “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.
7.9. “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.
8.10. “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.
9.11. “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 threetwo guest families are lodged at the same time; and which,
while it may advertise and accept reservations, does not hold itself out to the public to
be a restaurant, hotel or motel, does not require reservations, and serves food only to
overnight guests.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
10.12. “Board” means the Board of Adjustment of the City.
11.13. “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.
12.14. “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.
13.15. “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.
14.16. “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.)
15.17. “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.
16.18. “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.
17.21. “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.
18.22. “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.
19.23. “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.
20.24. “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.
21.25. “Commission” means the Planning and Zoning Commission of the City.
22.26. “Consumer fireworks” means first-class consumer fireworks and second-class
consumer fireworks as set forth under Chapter 100 of the Code of Iowa.
23.27. “Consumer fireworks sales” means an establishment used for the retail display
and sale of consumer fireworks. For the purposes of the Zoning Ordinance, a retail
operation in which less than 50 percent of the retail floor space is devoted to the sale or
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
display of second-class consumer fireworks shall not be considered a consumer
fireworks sales use.
24.28. “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.primarily engaged in the retail sale of food and household and entertainment
products for home consumption, including sale of vehicle fuel.
25.29. “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.
26.31. “Distillery” means a place where alcoholic beverages (whiskey, vodka, gin,
etc.) are produced typically in small quantities.
27.32. “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.
28.33. “Driveway” means a permanently surfaced area providing vehicular access
between a street and an off-street parking or loading area.
29.34. “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.
30.35. “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.
31.36. “Dwelling, multiple” means a residence designed for or occupied by three or
more families, with separate housekeeping, bathroom, and cooking facilities for each.
32.37. “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.”
33.38. “Dwelling, single-family” means a detached residence designed for or occupied
by one family only.
34.39. “Dwelling, single-family, split foyer” means a dwelling in which living space
is on two levels with a foyer between the two levels.
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.
35.41. “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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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.
36.42. “Dwelling, two-family” means a residence designed for or occupied by two
families only, with separate housekeeping, bathroom, and cooking facilities for each.
37.43. “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 one or more persons occupying a single dwelling unit;
provided, unless all members are related by blood, marriage, or adoption, no such
family shall contain over four persons.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.
38.45. “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.
39.46. “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.
40.47. “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.
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
Formatted: Numbered + Level: 2 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 1.5" +
Indent at: 1.75"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
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41.48. “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.
42.49. “Gas station” means a structure designed or used for the retail and/or wholesale
sale or supply of fuels, lubricants, air, water, washing, and polishing services, and other
operating commodities or accessories for motor vehicles and including the customary
space and facilities for the installation of such commodities or accessories on or in such
vehicles, but not including space or facilities for the storage, painting, major repair,
refinishing, body work, or other major servicing of motor vehicles. “Major repairs”
are: spray painting; body, fender, clutch, transmission, differential, axle, spring and
frame repairs; major overhauling of engines requiring the removal of engine cylinder
head or crankcase pan; repairs to radiators requiring the removal thereof; or complete
recapping or retreading of tires.
43.50. “Grade” means the average elevation of the finished ground at the exterior walls
of structures.
44.51. “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.
45.52. “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.
46.53. “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.
47.54. “Junkyard” means any area where junk is bought, sold, exchanged, baled or
packed, disassembled or handled, including house wrecking yards, used lumber yards
and places or yards for storage of salvaged house wrecking or structural steel materials
and equipment; but not including areas where such uses are conducted entirely within
a completely enclosed building, and not including the processing of used, discarded or
salvaged materials necessary as a part of manufacturing operations. The presence on
any property of four or more motor vehicles (as defined by Section 321.1 of the Code
of Iowa) without current registration which for a period exceeding 30 days have not
been capable of operating under their own power, and/or from which parts have been
removed for re-use, salvage, or sale, shall constitute prima facie evidence of a junk yard.
48.55. “Kennel” means the keeping of any dogs, cats, or other household pets of
mammal group regardless of number, for sale, breeding, boarding or treatment
purposes, except in an animal hospital, veterinary clinic, or pet shop, as may be
permitted by law, or the keeping of more than one dog or cat on vacant property or on
property used for business or commercial purposes, shall constitute a kennel. The
keeping of not more than three dogs and three cats in a residential district shall not be
deemed to be a kennel, unless kept for sale, breeding, boarding or treatment purposes.
Any person keeping more than three dogs and three cats in a residential district on the
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effective date hereof (September 10, 2001), licensed as required by ordinance, may
continue to keep such dogs or cats during the pet’s lifetime.
49.56. “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.
50.57. “Lodging or rooming house” means a building where a room or rooms are
provided for compensation for four or more persons.
51.58. “Lot,” for the purpose of these zoning regulations, is a parcel of land of at least
sufficient size to meet minimum zoning requirements for use, coverage, and area, and
to provide such yards and other open spaces as are herein required. Such lot shall have
frontage on an improved public street, or on an approved private street, and may consist
of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record
and portions of lots of record, or of portions of lots of record; or
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.
52.59. “Lot, corner” means a lot abutting upon two or more streets at their intersection.
53.60. “Lot, depth” means the mean horizontal distance between the front and rear lot
lines.
54.61. “Lot, double frontage” means a lot having a frontage on two nonintersecting
streets, as distinguished from a corner lot.
55.62. “Lot, interior” means a lot other than a corner lot.
56.63. “Lot lines” means the lines bounding a lot, including the right-of-way line of
any public road, highway, or alley acquired by easement.
57.64. “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.
58.65. “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.)
59.66. “Lot width” means the width of a lot measured at the building line and at right
angles to its depth.
60.67. “Manufactured home” means a factory-built, single-family structure, which is
manufactured or constructed under the authority of 42 USC section 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be used as a place
for human habitation, but which is not constructed with a permanent hitch or other
device allowing it to be moved other than for the purpose of moving to a permanent
site, and which does not have permanently attached to its body or frame any wheels or
axles. A mobile home is not a manufactured home. For the purpose of these zoning
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regulations, “manufactured home” shall be considered the same as any site built single-
family detached dwelling.
61.68. “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.
62.69. “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.
63.70. “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.)
64.71. “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.
65.72. “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.
66.73. “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.
67.74. “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.
68.75. “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.
69.76. “Parabolic or dish type antenna” means a concave, circular or dish-shaped
device designed for receiving communications or television signals from a satellite.
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DEFINITIONS AND GENERAL REGULATIONS
70.77. “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.)
71.78. “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.
72.79. “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.
73.80. “Principal use” means the main use of land or structures as distinguished from
an accessory use.
74.81. “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.
75.82. “Rooming house” means a building where a room or rooms are provided for
compensation to four or more persons.
76.83. “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.
77.84. “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.
78.85. “Street line” means the right-of-way line of a street, alley, or road.
79.86. “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.
80.87. “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.
81.88. “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.
82.89. “Structure” means anything constructed or erected with a rigid or fixed location
on the ground, or attached to something having a fixed location on the ground. Among
other things, structures include buildings, walls, fences (more than 6 feet in height),
billboards, solar collectors, and dish antennas.
83.90. “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,
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motor home, camp trailer, tent trailer, or other similar mobile and temporary dwellings
commonly used for travel, recreation, or vacation quarters.
84.91. “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.
85.92. “Vehicle, antique” means a motor vehicle 25 years old or older, as provided
and regulated by Section 321.115 of the Code of Iowa.
86.93. “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.
87.94. “Vehicle, motor” means a self-propelled device used for transportation of
people or goods over land surfaces and licensed as a motor vehicle.
88.95. “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.
89.96. “Yard, front” means a yard extending across the full width of the lot and
measured between the front lot line and the front of the building other than the
projection of the usual steps or unenclosed porches. The narrow frontage on a corner
lot is considered the front lot line regardless of where the building entrance is located.
See the definition of “yard” for eaves or overhang limitations.
90.97. “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.
91.98. “Yard, side” means a yard extending from the front yard to the rear yard and
measured between the side lot lines and the building. See definition of “yard” for eaves
or overhang limitations.
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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 30 dayssix 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 mor e 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.
(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 two yearssix 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
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DEFINITIONS AND GENERAL REGULATIONS
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.
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
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DEFINITIONS AND GENERAL REGULATIONS
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 at 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.
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 mansard 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.
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DEFINITIONS AND GENERAL REGULATIONS
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 acce ssory 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.
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.
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DEFINITIONS AND GENERAL REGULATIONS
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.)
165.098 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.
165.1009 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.
165.110 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.
165.121 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.
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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, radiation , 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.
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.
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DEFINITIONS AND GENERAL REGULATIONS
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 setback 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 district other than M-1, M-1A and M-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.
2. 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.
3. Corner 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 Planning and Zoning CommissionCity 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.
Formatted: Indent: Left: 0.5", No bullets or numbering
Formatted: Sub1Auto
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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.
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
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DEFINITIONS AND GENERAL REGULATIONS
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.
(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.
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DEFINITIONS AND GENERAL REGULATIONS
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 system 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 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:
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(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 propos ed 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 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
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DEFINITIONS AND GENERAL REGULATIONS
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.
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, and 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 ins tall 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
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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.
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:
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DEFINITIONS AND GENERAL REGULATIONS
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.
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.
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DEFINITIONS AND GENERAL REGULATIONS
(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.
(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).
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DEFINITIONS AND GENERAL REGULATIONS
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 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
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.
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
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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, 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 surr ounding
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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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 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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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 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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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 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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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.
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 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 710 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.
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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, 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 welfare. 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 single-
family 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
disposal system and domestic water supply shall comply with all of the requirements and
standards of the Dallas County Board of Health.
165.20 ILLUSTRATIONS. See the following pages for various illustrations, which are applicable to
the provisions of these zoning regulations:
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
CELLAR, BASEMENT, HALF STORY, STORY
BUILDING HEIGHTS
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
LOT
AND
YARD
DEFINITIONS
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
SIGN TYPES
SIGN AREAS
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
MINIMUM SETBACK
AVERAGE SETBACK
BUILDING SETBACK LINES
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
MOBILE HOME PARK SETBACK LINES
CHAPTER 165 ZONING REGULATIONS
DEFINITIONS AND GENERAL REGULATIONS
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CHAPTER 166
ZONING REGULATIONS
ADMINISTRATION AND ENFORCEMENT
166.01 Administrative Official 166.11 Planning and Zoning Commission
166.02 Duties of Administrative Official and Agencies 166.12 Right of Appeal; Fee
166.03 Building Permit Required 166.13 Hearings; Notice
166.04 Application for Building Permit 166.14 Administrative Review
166.05 Certificates of Zoning Compliance for New, 166.15 Special Exceptions
Altered, or Nonconforming Uses 166.16 Variances
166.06 Expiration of Building Permit 166.17 Decisions of Board
166.07 Compliance with Authorized Construction and Use 166.18 City Council Remand
166.08 Complaints Regarding Violations 166.19 Appeals From Decision of Board
166.09 Enforcement 166.20 Rezoning and Text Amendments
166.10 Board of Adjustment Created
166.01 ADMINISTRATIVE OFFICIAL. An administrative official designated by the City Council
shall administer and enforce these zoning regulations. The administrative official may be provided with
the assistance of such other persons as the City Council may direct. If the administrative official shall find
that any of the provisions of these zoning regulations are being violated, the official shall notify in writing
the person responsible for such violation, indicating the nature of the violation and ordering the action
necessary to correct it. The administrative official shall order discontinuance of any illegal use of land,
buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural
changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized
by these zoning regulations to ensure compliance with or to prevent violation of its provisions.
166.02 DUTIES OF ADMINISTRATIVE OFFICIAL AND AGENCIES.
1. Administrative Official and Board of Adjustment. It is the intent of these zoning
regulations that all questions of interpretation and enforcement shall be first presented to the
administrative official, and that such questions shall be presented to the Board of Adjustment only
on appeal from the decision of the administrative official, and that recourse from the decisions of
the Board of Adjustment shall be to the courts as provided by law and particularly by statute.
2. City Council. It is further the intent of these zoning regulations that the duties of the City
Council in connection with these zoning regulations shall not include hearing and deciding
questions of interpretation and enforcement that may arise. The procedure for deciding such
questions shall be as stated in this section and these zoning regulations. Under these zoning
regulations, the City Council shall have only the duties of: (i) considering and adopting or rejecting
proposed amendments or the repeal of these zoning regulations, as provided by law; and (ii)
considering applications for special permits for exceptions to prohibited uses as specified in Section
165.19 of these zoning regulations.
166.03 BUILDING PERMIT REQUIRED. No building or other structure shall be erected, moved,
added to, or structurally altered without a permit issued by the administrative official. No work on such
building or structure shall be done until a permit shall have been issued. No building permit shall be issued
except in conformity with the provisions of these zoning regulations, except after written order from the
Board of Adjustment. Fees shall be established by resolution of the City Council.
166.04 APPLICATION FOR BUILDING PERMIT. All applications for building permits shall be
accompanied by plans in duplicate or by electronic copy, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing,
if any; and the location and dimensions of the proposed building or alteration. The application shall include
such other information as lawfully may be required by the administrative official, including existing or
proposed building or alteration; existing or proposed uses of the building and land; the number of families,
housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot;
and such other matters as may be necessary to determine conformance with, and provide for, the
enforcement of these zoning regulations. The administrative official shall have 12 14 days, excluding
Sundays and legal holidays, in which to accept or reject an application for building permits after the same
has been submitted in proper form.
166.05 CERTIFICATES OF ZONING COMPLIANCE FOR NEW, ALTERED OR
NONCONFORMING USES.
1. It is unlawful to use or occupy or permit the use or occupancy of any building or premises,
or both, or part thereof hereafter created, erected, changed, or converted, or wholly or p artly altered
or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by
the administrative official stating that the proposed use of the building or land conforms to the
requirements of these zoning regulations.
2. No nonconforming structure or use shall be maintained, renewed, changed, or extended
until a certificate of zoning compliance shall have been issued by the administrative official. The
certificate of zoning compliance shall state specifically wherein the nonconforming use differs from
the provisions of these zoning regulations; provided, upon enactment or amendment of these zoning
regulations, owners or occupants of nonconforming uses or structures shall have one year to apply
for certificates of zoning compliance. Failure to make such application within one year shall be
presumptive evidence that the property was in conforming use at the time of enactment or
amendment of these zoning regulations.
3. Certificates of zoning compliance shall be applied for coincidentally with the application
for a building permit, and shall be issued within 10 days after the lawful erection or alteration of
the building is completed in conformity with the provisions of these zoning regulations.
4. A temporary certificate of zoning compliance may be issued by the administrative official
for a period not exceeding six months during alterations or partial occupancy of a building pending
its completion; provided, such temporary certificate may require such conditions and safeguards as
will protect the safety of the occupants and the public.
5. The administrative official shall maintain a record of all certificates of zoning compliance,
and copies shall be furnished upon request to any person.
6. Failure to obtain a certificate of zoning compliance shall be a violation of these zoning
regulations.
7. Fees for certificates shall be established by resolution of the City Council.
166.06 EXPIRATION OF BUILDING PERMIT. If the work described in any building permit has
not begun within 90 180 days after the date of issuance thereof, said permit shall expire; it shall be canceled
by the administrative official, and written notice thereof shall be given to the persons affected. If the work
described in any building permit has not been substantially compl eted within two years after the date of
issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice
thereof shall be given to the persons affected, together with notice that further work as described in the
canceled permit shall not proceed unless and until a new building permit has been obtained.
166.07 COMPLIANCE WITH AUTHORIZED CONSTRUCTION AND USE. Building permits or
certificates of zoning compliance issued on the basis of plans and applications, appro ved by the
administrative official, authorize only the use, arrangement, and construction set forth in such approved
plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction
at variance with that authorized shall be deemed a violation of these zoning regulations.
166.08 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of these zoning
regulations occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof shall be filed with the administrative official, who shall record
properly such complaint, immediately investigate, and take action thereon as provided by these zoning
regulations.
166.09 ENFORCEMENT.
1. All departments, officials, and employees of the City who are vested with the duty or
authority to issue permits or licenses shall issue no such permit or license for any use, structure, or
purpose if the same would not conform to the provisions of these zoning regulations.
2. Violation of the provisions of these zoning regulations, or failure to comply with any of its
requirements, shall constitute a simple misdemeanor. Any person who violates these zoning
regulations or fails to comply with any of its requirements shall, upon conviction thereof, be subject
to penalty as provided in this Code of Ordinances; and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate offense.
3. The owner or tenant of any building, structure, premises or part thereof, and any architect,
builder, contractor, agent, or other person who commits, participates in, assists in, or maintains
such violation may each be found guilty of a separate offense and suffer the penalties herein
provided.
4. Nothing herein contained shall prevent the City from taking such other lawful action as
necessary to prevent or remedy any violation.
166.10 BOARD OF ADJUSTMENT CREATED.
1. A Board of Adjustment is hereby established, which shall consist of five (5) members. The
term of office of the members of the Board shall be five years, with all terms to expire on January
31 of the appropriate year. The terms of not more than one-third of the members will expire in any
one year.
2. If any vacancy exists on the Board, a successor for the remainder of the term shall be
appointed in the same manner as the original appointee. The position of any Board member shall
be vacant if the member resigns, moves permanently from the City, or if said member is absent
without due explanation from six consecutive regular meetings of the Board, except in the case of
sickness, or is removed for cause by the Mayor with the approval of the Council.
166.11 PLANNING AND ZONING COMMISSION. The City Planning and Zoning Commission,
hereinafter referred to as the Commission, consists of seven members appointed by the Mayor with the
approval of the Council. The Commission members shall be residents of the City and shall not hold any
elective office in the City government.
(Code of Iowa, Sec. 392.1)
1. Term of Office. The term of office of the members of the Commission shall be five years,
expiring on January 31 of the appropriate year. The terms of not more than one -third of the
members will expire in any one year.
(Code of Iowa, Sec. 392.1)
2. Vacancies. If any vacancy exists on the Commission, a successor for the remainder of the
term shall be appointed in the same manner as the original appointee. The position of any
Commission member shall be vacant if the member resigns, moves permanently from the City, or
if said member is absent without due explanation from six consecutive regular meetings of the
Commission, except in the case of sickness, or is removed for cause by the Mayor with the approval
of the Council.
(Code of Iowa, Sec. 392.1)
3. Quorum and Voting. A quorum shall consist of four members. All action by the
Commission shall require a majority vote of the whole number of members.
4. Compensation. All members of the Commission shall serve without compensation, except
their actual expenses, which shall be subject to the approval of the Council.
(Code of Iowa, Sec. 392.1)
5. Attendance. The Development Services DirectorAdministrative Official or designee shall
attend all regular and special meetings of the Commission and shall record and preserve a correct
record of the proceedings of such meetings.
6. Powers and Duties. The Commission shall have and exercise the following powers and
duties:
A. Selection of Officers. The Commission shall choose annually at its first regular
meeting after January 31st one of its members to act as Chairperson and another as Vice
Chairperson, who shall perform all the duties of the Chairperson during the Chairperson’s
absence or disability.
(Code of Iowa, Sec. 392.1)
B. Adopt Rules and Regulations. The Commission shall adopt such rules and
regulations governing its organization and procedure as it may deem necessary.
(Code of Iowa, Sec. 392.1)
C. Zoning. The Commission shall have and exercise all the powers and duties and
privileges in establishing the City zoning regulations and other related matters and may
from time to time recommend to the Council amendments, supplements, changes or
modifications, all as provided by Chapter 414 of the Code of Iowa.
(Code of Iowa, Sec. 414.6)
D. Recommendations on Improvements. The design and proposed location of public
improvements shall be submitted to the Commission for its recommendations prior to any
actions being taken by the City for the construction or placement of such
improvements. Such requirements and recommendations shall not act as a stay upon action
for any such improvement if the Commission, after 30 days’ written notice requesting such
recommendations, has failed to file the same.
E. Review and Comment on Plats. All plans, plats, or re-plats of subdivision or re-
subdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats with
the streets, alleys, or other portions of the same intended to be dedicated to the public in
the City, shall first be submitted to the Commission and its recommendations obtained
before approval by the Council.
(Code of Iowa, Sec. 392.1)
F. Fiscal Responsibilities. The Commission shall have full, complete, and exclusive
authority to expend, for and on behalf of the City, all sums of money appropriated to it and
to use and expend all gifts, donations, or payments that are received by the City for City
planning and zoning purposes.
Formatted: Superscript
(Code of Iowa, Sec. 392.1)
G. Limitation on Entering Contracts. The Commission shall have no power to
contract debts beyond the amount of its original or amended appropriation as approved by
the Council for the present year.
(Code of Iowa, Sec. 392.1)
H. Annual Report. The Commission shall each year make a report to the Mayor and
Council of its proceedings, with a full statement of its receipts, disbursements and the
progress of its work during the preceding fiscal year.
(Code of Iowa, Sec. 392.1)
166.12 RIGHT OF APPEAL; FEE. Appeals to the Board may be taken by any person aggrieved, or
by any official, department, board or bureau of the City affected by any decision of the administrative
official. Such appeal shall be taken within 10 days by filing with the administrative official and with the
Board a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit
to the Board all papers constituting the record upon which the action appealed from is taken. An appeal
stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies
to the Board, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a
stay would, in the official’s opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court
of record on application and notice to the administrative official, and on due cause shown. Fees for appeal
shall be as established by resolution of the City Council.
166.13 HEARINGS, NOTICE.
1. Notice To Surrounding Property Owners. After the administrative official has set the
Board of Adjustment meeting date, surrounding property owners within 200 310 feet, not including
intervening streets and alleys, shall be notified along with the appellant. Notice shall be sent not
less than 7 days and not more than 20 days before the Board of Adjustment meeting. The notice
shall follow the format established by the administrative official and be sent by first class mail.
Notice shall contain the date, time, location and subject of the Board of Adjustment meeting.
2. Posting of Notice. The administrative official shall cause to be posted at least one
notification sign at least 7 days and not more than 20 days prior to the Board of Adjustment meeting.
At least one sign must be placed so that it may be seen from a public street, and in cases of through
lots and/or corner lots, a sign may be posted at both frontages.
166.14 ADMINISTRATIVE REVIEW. The Board shall have the power to hear and decide appeals
where it is alleged there is error in any order, requirement, decision or determination made by the
administrative official in the enforcement of these zoning regulations.
166.15 SPECIAL EXCEPTIONS. The Board shall have the power to permit the following exceptions
to the district regulations set forth in these zoning regulations, subject to the requirements of this section:
1. Public Service Corporation. To permit erection and use of a building or the use of premises
or vary the height and the regulations in any location for a public service corporation for public
utility purposes or purposes of public communication, which the Board determines is reasonable
and necessary for the public convenience or welfare.
2. Extension of Use, Lot in More Than One District. To permit the extension of a use into a
district where it would be otherwise prohibited in a case where a district boundary line is so located
that a lot or plot is in more than one district.
3. Conditions For Granting Special Exceptions. To hear and decide only such other special
exceptions as the Board is specifically authorized to pass on by the terms of these zoning
regulations; to decide such questions as are involved in determining whether special exceptions
should be granted; and to grant special exceptions when in harmony with the purpose and intent of
these zoning regulations. A special exception shall not be granted by the Board unless and until:
A. A written application for a special exception is submitted indicating the section of
these zoning regulations under which the special exception is sought and stating the
grounds on which it is requested.
B. Notice of public hearing shall be given consistent with the provisions of Section
166.13 of this chapter.
C. The public hearing shall be held. Any party may appear in person, or by agent or
attorney.
D. The Board shall make a finding that it is empowered under the section of these
zoning regulations described in the application to grant the special exception and it will not
adversely affect the public interest.
4. In granting any special exception, the Board may prescribe appropriate conditions and
safeguards in conformity with these zoning regulations. Violations of such conditions and
safeguards, when made a part of the terms under which the special exception is granted, shall be
deemed a violation of these zoning regulations. The Board may prescribe a time limit within which
the action for which the special exception is required shall be begun or completed, or both. Failure
to begin or complete, or both, such action within the time limit set shall void the special exception.
166.16 VARIANCES. The Board shall have the power to authorize, upon appeal in specific cases, such
variance from the terms of these zoning regulations as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result
in unnecessary hardship. A variance from the terms of these zoning regulations shall not be granted by the
Board unless and until:
1. Submission of Application. A written application for a variance is submitted
demonstrating that:
A. Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved, and which are not applicable to other lands, structures, or
buildings in the same district.
B. Literal interpretation of the provisions of these zoning regulations would deprive
the applicant of rights commonly enjoyed by other properties in the same district under the
terms of these zoning regulations.
C. The special conditions and circumstances do not result from the actions of the
applicant.
D. Granting the variance requested will not confer on the applicant any special
privilege that is denied by these zoning regulations to other lands, structures, or buildings
in the same district.
2. No nonconforming use of neighboring land, structures, or buildings in the same district,
and no permitted use of land, structures, or buildings in other districts shall be considered grounds
for the issuance of a variance.
3. Notice of Hearing. Notice of public hearing shall be given consistent with the provisions
of Section 166.13 of this chapter.
4. Hearing. The public hearing shall be held. Any party may appear in person, or by agent
or by attorney.
5. Findings. The Board shall make findings that the requirements of this section have been
met by the applicant for a variance.
6. Justification For Granting Variance. The Board shall further make a finding that the
reasons set forth in the application justify the granting of the variance, and that the variance is the
minimum variance that will make possible the reasonable use of the land, building, or structure.
7. Conditions For Granting Variance.
A. The Board shall further make a finding that the granting of the variance will be in
harmony with the general purpose and intent of these zoning regulations, and will not be
injurious to the neighborhood or otherwise detrimental to the public welfare.
B. In granting any variance, the Board may prescribe appropriate conditions and
safeguards in conformity with these zoning regulations. Violation of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of these zoning regulations.
C. Under no circumstances shall the Board grant a variance to allow a use not
permissible under the terms of these zoning regulations in the district involved, or any use
expressly or by implication prohibited by the terms of this chapter in said district.
166.17 DECISIONS OF BOARD.
1. In exercising the powers mentioned in this chapter, the Board may, so long as such action
is in conformity with the terms of these zoning regulations, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination appealed from and may make such
order, requirement, decision, or determination as ought to be made, and to that end shall have all
the powers of the administrative official from whom the appeal is taken.
2. The concurring vote of three members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of the administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under these zoning regulations, or to effect
any variation in these zoning regulations.
166.18 CITY COUNCIL REMAND. The City Council may, at its discretion, review any affirmative
decision of the Board of Adjustment at any time before the effective date of the decision. After such review,
but prior to the effective date of the decision, the Council may remand any such decision to the Board of
Adjustment for further review. Upon remand, the Board of Adjustment may reconsider its decision and
issue its final decision on the request within 30 days after the date of such remand.
166.19 APPEALS FROM DECISION OF BOARD. Any taxpayer, or any officer, department, Board
or bureau of the City, or any person or persons jointly or severally aggrieved by any decision of the Board
of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is
illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the
court within 30 days after the filing of the decision in the office of the Board. The court may reverse or
affirm, wholly or in part, or may modify the decision brought up for review.
166.20 REZONING AND TEXT AMENDMENTS. The amendment procedure established in this
section is intended to provide a means for making changes to the text of these zoning regulations and/or the
official zoning map.
1. Authority. The City Council may, from time to time, on its own action or on petition,
amend, supplement, or change the boundaries or regulations herein or subsequently established.
However, no such amendment, supplement , or change of boundaries or regulations shall become
effective until after a public hearing in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard. Such amendment, supplement, or change shall not become
effective except by favorable vote of a majority of all of the members of the City Council.
2. Initiation of Amendments. An amendment of text may be initiated by a motion of the City
Council. An amendment may be initiated by a motion of the City Council, or any person, firm or
corporation, by the filing of a petition requesting such amendment and clearly describing the
property and its boundaries as to which the amendment is desired. The petition shall meet all
requirements of these zoning regulations. The petition shall be duly signed by the owners of 50
percent of the area of all real estate included within the boundaries of said tract as described in said
petition. The petitioner shall obtain a signed consent to the zoning amendment from the owners of
50 percent or more of all area located within 200 310 feet of the property proposed to be amended
(intervening streets and alleys shall not be included in computing suc h 200 feet). Public property
such as parks, public buildings, public utilities, etc., shall not be included within the 50 percent
consent area.
3. Filing of Petition for Rezoning Amendment. A petition for an amendment to the zoning
district classification shall be filed with the administrative official. Each rezoning request shall be
reviewed by the administrative official to ensure that it contains all the information required in
these zoning regulations.
4. Fee for Rezoning Amendment. The Council shall, by resolution, establish a schedule of
fees, charges, and expenses and a collection procedure for an amendment to these zoning
regulations. The schedule of fees shall be posted in the office of the administrative official, and
may be altered or amended only by resolution by the Council. All fees for a rezoning request are
nonrefundable and shall be paid at the time the rezoning petition is initially submitted.
5. Rezoning Request Requirements. Each rezoning request shall be accompanied by a written
request for a change, a rezoning map, a conceptual master plan or development plan as required
herein and an address list of all property owners within 200 250 feet of the property (intervening
streets and alleys shall not be included in computing such 200 250 feet), all in accordance with the
provisions outlined herein.
A. Plans and Plats. The administrative official may require a development plan, site
plan, preliminary plat or conceptual master plan for any proposed rezoning.
B. Zoning Change and Development Agreement. The administrative official may
require a zoning change and development agreement for any proposed rezoning.
C. Notification of Surrounding Property Owners. Following review of the rezoning
request for completion, the administrative official shall set the Planning and Zoning
Commission meeting date. Notice will be sent to the surrounding property owners within
200 250 feet of the property to be rezoned. Notice shall be sent not less than 7 days and
not more than 20 days prior to the Commission meeting at which the zoning amendment is
first considered. The notice shall contain the date, time and location of the Commission
meeting and Council public hearing.
D. Notification Signs.
(1) For all rezoning requests of property by petition or owner’s request, the
petitioner or owner shall be required to post a sign stating notice of rezoning,
zoning district designations proposed to be changed, date and time of Council
public hearing and telephone number and address of City Hall. Such sign shall be
four feet by eight feet in size and include black letters on a white board. The letters
on the sign shall not be less than six inches in height. One sign shall be placed on
each public street right-of-way and shall not be erected greater than 20 feet from
the street right-of-way.
(2) Such sign shall be erected no less than seven days before review of the
rezoning request by the Commission and shall remain in place until after the final
hearing before the Council. The property owner shall remove the sign within seven
days of the date of the final action on the rezoning amendment by the Council.
6. Conceptual Master Plans for Rezoning Amendment. Conceptual master plans are intended
to present basic development information in such a way as to empower area residents, intereste d
parties, City staff and Council to accurately and decisively formulate opinions on the proposed
development. Conceptual master plans shall be required for all proposed rezoning of land within
the City to a commercial or manufacturing district. At the discretion of the administrative official,
a conceptual master plan may be required for rezoning to residential districts.
A. In the case of a rezoning request to a commercial or industrial zoning district, the
conceptual master plan shall show, at a minimum, proposed building footprints, utilities,
access, parking, and open space. In the case of a rezoning request to a residential zoning
district, the conceptual master plan shall show, at a minimum, proposed lot layout, street
configuration, utilities and park/trail features. Additional information on the conceptual
master plan may be required at the discretion of the administrative official.
B. The administrative official may suspend the requirement of a conceptual master
plan if the Council initiates the rezoning.
7. Zoning Changes and Development Agreements. Zoning changes and development
agreements are meant to impose additional conditions or restrictions on the property being rezoned
beyond the minimum requirements of the zoning district in order to protect and satisfy the public
needs of the surrounding established neighborhood and character of the City at large. The
conditions must be reasonable and agreed to by the property owner prior to the final consideration
of the rezoning request.
8. Compliance With Comprehensive Plan. If the proposed rezoning is not in accordance with
the comprehensive plan, the applicant will be required to request a comprehensive plan amendment
in addition to the rezoning request.
9. Initial Action Required by City Council. When a petition meeting the requirements of
these zoning regulations is presented to the Council, or if the Council elects to initiate an
amendment, the Council shall receive and file said petition and refer it to the Commission for
consideration of such amendment prior to the date of the public hearing.
10. Action by Planning and Zoning Commission. After receiving the proposed amendment
from the Council, the Commission shall review the proposed amendment and report its
recommendations within 60 days to the Council for final action.
11. Further Action by Council. After receiving the Commission recommendations, the City
Council, at a public hearing, shall then take final action on the proposed amendment, after public
notice in accordance with applicable State law. The amendment shall become effective by the
favorable vote of a majority of all the members of the Council.
12. Amendment Disapproval or Protest. In the case of a proposed rezoning of property, if: (i)
the Commission disapproves of the amendment; or (ii) a written protest against such change signed
by the owners of 20 percent or more either of the area of the lots included in such a proposed
change, or by the owners of 20 percent or more of the property which is located within 200 310
feet of the boundaries of the property for which the change is proposed (intervening streets and
alleys not to be included in computing such 200 feet), such change shall not become effective
except by the favorable vote of at least four-fifths of all of the members of the Council.
13. Denial of Amendment. Whenever any petition for an amendment, supplement, or change
of the zoning regulations herein contained or subsequently established shall have been denied by
the Council, then no new petition covering the same property, or the same property and additional
property, shall be filed with or considered by the Council until one year shall have elapsed from
the date of the filing of the first petition.
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CHAPTER 167
ZONING REGULATIONS
SIGNS
167.01 Statement of Intent 167.12 Association Identification Signs – Residential
167.02 Jurisdiction 167.13 Association Identification Signs – Commercial and
167.03 Definitions Industrial
167.04 Permit and General Regulations 167.14 Signs for Churches, Schools and Public Facilities
167.05 Signs Not Requiring Permit 167.15 Interstate Corridor Signs
167.06 Signs Prohibited in All Zoning Districts 167.16 Electric Changeable Copy
167.07 Fascia/Wall Signs 167.17 Temporary Signs
167.08 Multiple Tenant Fascia/Wall Signs 167.18 Window Signs
167.09 Monument Signs 167.19 Agricultural Identification Signs
167.10 Multiple Tenant Monument Signs 167.20 Table of Signs Permitted by Zoning District
167.11 Special Provisions for C-2 Downtown District
167.01 STATEMENT OF INTENT. The purpose of this chapter is to permit such signs that will not,
by reason of their size, location, construction, or manner of display, endanger life and limb, confuse or
mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public morals, health
and safety, and further, to regulate such permitted signs in a way to promote development that is not
detrimental to the property values and aesthetics of the City. Signs allowed by this chapter may be erected
and maintained only as on-premises signs, except as permitted elsewhere in this chapter.
167.02 JURISDICTION. The lawful use of a sign existing at the time of the effective date hereof may
be continued even though such use may not conform to the regulations herein. For those signs permitted
before the adoption of these regulations, such signs shall be classified as “permitted nonconforming
structures.” No sign permit shall be issued for any lot, tenant, or development after the effective date hereof
and not in substantial conformity with the provisions of this chapter. Nor shall any sign, except as
hereinafter specified, be erected, substantially improved, converted, enlarged, moved, or str ucturally altered
without conforming with the provisions of this chapter.
167.03 DEFINITIONS. For the purpose of this chapter, the following terms and words are defined.
1. “Abandoned sign” means any sign face remaining in place for a period of 30 days or more
and which no longer advertises an activity, business, product, or service available on the premises
on which the sign is located.
2. “Association identification (commercial or industrial development) sign” means a sign
identifying the name of a commercial or industrial development included on a landscape feature ,
including planter beds, fountains, decorative walls or fences.
3. “Association identification (residential development) sign” means a sign identifying the
name of a residential complex, or neighborhood development included on a landscape feature ,
including planter beds, fountains, decorative walls or fences.
4. “Bag sign” means a temporary cover made of a cloth or canvas material, used to alter the
message of an obsolete sign until such time as it is replaced with a new sign.
5. “Banner sign” means a temporary sign composed of lightweight material, either enclosed
in a rigid frame or not enclosed, secured or mounted to a structure or post on two or more edges.
6. “Billboard signs” means all structures, regardless of the materials used in the construction
of the same, that are erected, maintained or used for public display of posters, painted signs, wall
signs (whether the structure be placed on the wall or painted on the wall itself), and pictures or
other pictorial reading matter which advertise a business or attraction which is not carried on or
manufactured in or upon the premises upon which said signs or billboards are located.
7. “Building sign” means any sign attached to or erected against the wall or painted on the
surface of the wall of a building, with the exposed face of the sign in a plane parallel with a plane
of said wall. This definition includes fascia/wall signs.
8. “Directional sign” means a sign, other than a warning or regulatory sign, which is located
on private property for the purposes of controlling all modes of traffic.
9. “Directory sign” means a sign containing the name of a building, complex, or center and
two or more identification signs or panels of the same size, color and general design, limited to one
identification sign per occupant.
10. “Electric changeable copy sign” means a sign that is characterized by changeable copy,
letters, symbols or numerals to be modified from time to time by electronic or mechanical devices,
which sign is integrated as a part of a permitted monument sign. Electric changeable copy signs
may not be used to display commercial messages related to products or services that are not offered
on the premises.
11. “Exterior sign” means a sign that directs attention to a business, profession, service,
product or activity sold or offered upon the premises where such a sign is located. An exterior sign
may be a sign attached flat against a building or structure, or projecting out from a building or
structure.
12. “Fascia/wall sign” means a single-faced building or wall sign that is directly attached to
and parallel to its supporting wall.
13. “Freestanding or post sign” means any sign erected or affixed in a rigid manner to one or
more poles, posts or the ground, and which carries any advertisement strictly incidental and
subordinate to a lawful use of the premises on which it is located, including signs, or sign devic es
indicating the business transacted, services rendered or goods sold or produced on the premises by
an occupant thereof.
14. “Home occupation sign” means one unlighted sign not over two square feet in area attached
flat against the dwelling and displaying only the occupant’s name and occupation, and which
advertises the presence or conduct of the home occupation.
15. “Institutional bulletin board sign” means an on-premises sign containing a surface area
upon which is displayed the name of a religious institution, school, library, public building,
community center, or similar institution and the announcement of its services or activities.
16. “Interstate sign” means a sign on a property abutting an interstate right-of-way, which sign
is oriented to the interstate.
17. “Marquee sign” means a sign attached to and contained within the perimeter of the face or
valance of a marquee.
18. “Monument sign” means a ground sign that is mounted in or on a monument which does
not have any exposed pole or pylon and which includes the name of the development, business or
businesses located on the premises.
19. “Multiple tenant monument sign” means a sign intended to provide identification to a
multiple tenant commercial development of more than 25,000 square feet of gross building area in
which more than three tenants occupy individual space within the building and which is under
single ownership, management and control.
20. “Multiple tenant building, horizontal” means a single story building designed for the
collocation of two or more tenants located side by side with each tenant separated by demising
walls.
21. “Multiple tenant building, vertical” means a multiple story building designed for the
collocation of two or more tenants located side by side and/or on separate floors of the building.
22. “Off-site sign” means any sign advertising any interest of any person or firm, products,
accommodations, services or activities not provided on the premises in which the sign is placed.
23. “Project identification sign” means a sign that refers to the construction, lease, hire, or sale
of a building, premises, or subdivision lots.
24. “Projecting sign” means a double-faced building or wall sign projecting at right angles to
its supporting wall.
25. “Roof sign” means a sign attached upon or above a roof or parapet of a building.
26. “Sign” means any device designed to inform or attract the attention of persons not on the
premises on which the sign is located; provided, however, the following are not included in the
application of the regulations herein:
A. Signs not exceeding one square foot in area and bearing only property numbers,
post office box numbers, names of occupants of premises, or other identification of
premises not having commercial connotations;
B. Flags and insignia of any government except when displayed in connection with
commercial promotion;
C. Legal notices; identification, informational or directional signs erected, approved
or required by governmental bodies;
D. Integral, decorative or architectural features of buildings, except letters,
trademarks, moving parts or moving lights;
E. Signs directing and guiding traffic and parking on private property, and bearing no
advertising matter, not exceeding four square feet in area.
27. “Sign area” means the surface area of a sign and shall be computed as including the entire
area within a regular geometric form or combinations of regular geometric forms comprising all of
the display area of the sign and including all of the elements of the matter displayed. Frames and
structural members not bearing advertising matter shall not be included in computation of the
surface area, except where such frames and structural members are used as an integral primary or
subsidiary portion of the graphic, literal, or numerical display, such as forming a picture frame to
facilitate continuity or providing contrasts to emphasize the intended purpose of the sign.
28. “Special event sign” means a sign advertising a special event that is sponsored by the City.
29. “Temporary sign” means any sign not permanently attached to the ground, wall or building,
and intended to be displayed for a short and limited period of time.
167.04 PERMIT AND GENERAL REGULATIONS.
1. Permit Required. Except as provided in Section 167.05 of this chapter, a sign permit,
signed by the owner and tenant, and approved by the administrative official, shall be required before
the erection, construction, alteration, placing or locating of all signs conforming with this chapter.
2. Plans. A copy of plans and specifications shall be submitted to the administrative official
for each sign regulated by this chapter. Such plans shall show sufficient details about size of the
sign, location, and materials to be used and such other data as may be required for the administrative
official to determine compliance with this chapter.
3. Maintenance. All signs shall be maintained in a good state of repair, including (but not
limited to) the structural components, the lighting if any, the portion attaching the sign to the ground
or structure, and the surface features.
4. Nonconforming Signs. Where a sign exists at the effective date hereof or amendment of
this chapter that could not be built under the terms of this chapter by reason of restrictions on area,
use, height, setback, or other characteristics of the sign or its location on the lot, such sign may be
continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such sign may be enlarged or altered in a way that increases its nonconformity;
however, reasonable repairs and alterations may be permitted.
B. Should such sign be destroyed by any means to an extent of 50 percent or more of
its replacement cost at time of destruction, it shall not be reconstructed except in conformity
with the provisions of this chapter.
5. Electric Signs. All electric signs shall be manufactured to meet UL specifications and be
approved by the administrative official in accordance with the City Electrical Code.
A. Electric signs shall be watertight, with service holes to provide access to each
compartment with fitted waterproof covers.
B. Any electrical equipment or apparatus of a sign which causes interference with
radio or television reception shall not be allowed.
6. Wind Pressure and Dead Load Requirements. All signs and sign structures shall be
designed and constructed to withstand a wind pressure as regulated by the Building Code of the
City, and shall be constructed to receive dead loads as required in the Building Code and/or other
ordinances of the City. Temporary signs shall be required to be securely anchored to prevent any
and all motion.
7. Illumination. Signs shall be illuminated by internal fixtures or externally with a constant
level of light maintained throughout the sign. Reflectors shall be provided with proper glass or
plastic lenses concentrating the illumination upon the area of the sign as to prevent glare upon the
street of adjacent property. Illumination shall be no greater than one foot-candle in intensity when
measured from the property bounds, and all ground lighting shall be concealed fro m view by
landscape plantings.
8. Emissions Prohibited. No sign shall emit audible sound, noticeable odor, smoke or other
visible matter.
9. Visibility at Intersections iIn Any District. On any corner lot in any district, no sign shall
be erected, placed, or allowed to be situated in such a manner as materially to impede vision
between a height of 2½ 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 sai d street lines 25
feet from the point of intersection of right-of-way lines.
10. Obscene Matter Prohibited. No obscene, indecent, or immoral matter shall be displayed
on any sign.
11. Traffic Hazards. It is illegal for any sign to interfere with, obstruct the view of, or be of
such design which may be confused with any authorized traffic sign, signal, or device. No sign
shall imitate an official traffic sign or include the words “stop,” “look,” “caution,” or any other
word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse
motorists.
12. Appeal. Any person or persons aggrieved by the decision of the administrative official to
approve or disapprove a sign permit, as provided by this chapter, may appeal such decision to the
Board of Adjustment.
167.05 SIGNS NOT REQUIRING PERMIT. Signs hereinafter designated are permitted in all zoning
districts.
1. Real Estate. Signs advertising the sale, rental, or lease of the premises or part of the
premises on which the signs are displayed. One non-illuminated sign, not to exceed eight square
feet, shall be permitted on each premises. Such signs shall not extend higher than four feet above
grade level or be closer than 10 feet to any property line unless located on the wall of a building.
Such signs shall be removed within seven days after the disposition of the premises.
2. Construction. Signs identifying the architect, engineer, contractor, or other individuals
involved in the construction of a building and such signs announcing the character of the building
enterprise or the purpose for which the building is intended, but not including product advertising.
Sign advertising for new incoming businesses will be allowed, provided that a business has been
issued a building permit. One non-illuminated sign, not to exceed 50 square feet, shall be permitted
per street frontage. Such sign shall not extend higher than 10 feet above grade level or be closer
than 10 feet to any property line unless located on the wall of a building on the premises or on a
protective barricade surrounding the construction. Such signs shall be removed within one week
following completion of construction.
3. Political Campaign Signs. Signs announcing candidates seeking public political office or
pertinent political issues. Such signs shall be confined to private property and shall be removed
within one week following the election to which they pertain.
4. Street Banners. Banners advertising a public event, provided that specific approval is
granted under regulations established by the Council.
5. Seasonal Decorations. Signs pertaining to recognized national holidays and national
observances.
6. Directional Signs. Signs used on site in conjunction with any multiple-family residential
development, mobile home residential district, commercial, office or industrial development to
direct on-site vehicles to specific buildings, building entrances and exits, drive-throughs, or drop
boxes.
A. Ground Directional Signs. Such signs shall be permitted, provided the following
conditions are met:
(1) Signs shall not exceed six square feet in area and shall not be higher than
four feet above grade.
(2) Signs are utilized only when necessary for traffic directional or other
informational purposes.
(3) Signs do not display logos or other commercial messages.
B. Building Directional Signs. Such signs shall be permitted, provided the following
conditions are met:
(1) Signs shall not exceed eight square feet in area.
(2) Signs must be affixed to principal building or accessory structure canopy.
(3) Signs do not display logos or other commercial messages.
7. Personal Announcement and Celebration. Signs announcing births, anniversaries,
weddings, and similar celebrations.
8. Special Events. Signs advertising or announcing a special event, provided:
A. Such signs shall be limited to one sign per event and shall only be permitted to be
located within Centennial Park at the corner of University Avenue and Ashworth Drive
and at Triangle Park at the corner of 6th Street and Ashworth Drive.
B. Such signs may be erected 14 days prior to the special event and shall be removed
within two days following the special event.
C. Such signs shall be set back a minimum of five feet from all right-of-way lines.
9. Home Occupation Signs. Home occupation signs, provided such signs are not larger than
two square feet in sign area.
10. Garage Sale Signs. Garage sale signs, limited to six square feet in area. Such signs shall
be removed within 24 hours of the event they advertise. No sign shall be placed on public property.
11. Public Signs. Signs of a noncommercial nature and in the public interest, erected by or
upon the order of a public officer in the performance of public duty, such as safety signs, danger
signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar
signs, including signs designating hospitals, libraries, schools and other institutions or places of
public interest or concern.
12. Temporary Directional Signs Placed By City. Signs erected by the City, of a size not
greater than four feet by four feet, informing the public of means of access to areas within the City
to which normal access has been denied due to highway construction.
13. Integral Signs. Signs for churches or temples, or names of buildings, dates of erection,
monumental citations, commemorative tablets and other similar signs when carved into stone,
concrete, or other building material or made of bronze, aluminum, or other permanent type of
construction and made an integral part of the structure to which they are attached.
14. Institutional Bulletin Boards. Institutional bulletin boards.
167.06 SIGNS PROHIBITED IN ALL ZONING DISTRICTS.
1. Obsolete Signs. Signs that advertise an activity, business, product, or service no longer
conducted on the premises on which the sign is located.
2. Banners, Balloons, Posters. Signs that contain or consist of banners, balloons, posters,
pennants, ribbons, streamers, spinners, or other similarly moving devices, except as specifically
provided elsewhere in this chapter.
3. Portable Signs. Commercial signs that are not permanently anchored or secured to either
a building or the ground.
4. Off-Premises Signs on Public Property. Off-premises signs located on public property that
is being used for public purposes except as specifically provided elsewhere in this chapter.
5. Off-Premises Signs. Signs advertising a use not conducted upon the lot where the sign is
located.
6. Flashing, Blinking or Rotating Signs. Flashing, blinking, or rotation lights - for either
permanent or temporary signs - except time and temperature signs, brief public announcement
signs, and as specifically provided elsewhere in this chapter.
7. Moving Signs. Any sign that part of which moves by any mechanical or electronic means
except as specifically provided elsewhere in this chapter.
8. Painted Wall Signs. Off-premises signs painted on building walls for commercial
purposes.
9. Projecting Signs. Projecting signs, as defined in Section 167.03 of this chapter, except as
specifically provided elsewhere in this chapter.
10. Pole Signs. Pole signs, except as specifically permitted within the City.
11. Vehicle Signs. Any vehicle sign, not normally used in the day-to-day operations of a
business, parked in such a way to draw attention of people from a public place or street.
167.07 FASCIA/WALL SIGNS.
1. Sign Area Allowed. One square foot of sign area may be erected for every linear foot of a
building front that has a setback of 250 feet or less from the lot line. For a setback of 251 feet to
500 feet, one and one-half square feet of sign area may be erected per linear foot of building front.
For a setback greater than 500 feet, two square feet of sign area may be erected per linear foot of
building front. Setbacks shall be measured from the front of said building. The front of said
building shall be that wall that contains the main entry. If the front of a building faces away from
the street frontage, a wall sign may be erected on the rear or sidewall of said building at a rate of
one-half the linear footage of said wall. At no time shall more than two walls be used to compute
allowable signage.
1. Sign Area Allowed. The following sign areas shall be allowed.
A. Public street facing tenant:
i. One and a half square feet of sign area may be erected for every linear foot of
tenant frontage to a maximum of one hundred (100) square feet.
ii. In the case that the tenant sign has a setback of greater than two hundred fifty
feet (250’) from the nearest public street right-of-way, two (2) square feet of
sign area may be erected per linear foot of tenant frontage to a maximum sign
area of two hundred (200) square feet.
iii. In the case that a tenant has frontage along more than one public street, the
total sign area shall be calculated off of no more than two (2) public street
frontages, up to a maximum of four hundred (400) square feet.
iv. Buildings greater than 50,000 square feet are not subject to the square footage
maximums listed above.
B. Nonpublic street facing tenant:
i. One and a half square feet of sign area may be erected for every linear foot of
tenant frontage to a maximum of one hundred (100) square feet.
ii. In the case that the tenant sign has a setback of greater than two hundred fifty
feet (250’) from the nearest public street right-of-way, two (2) square feet of
sign area may be erected per linear foot of tenant frontage to a maximum sign
area of two hundred (200) square feet.
iii. In the case that a tenant has frontage along both a non -public street and a public
street, the sign area shall be calculated off of the public street facing frontage.
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
Formatted: Numbered + Level: 2 + Numbering Style: i, ii,
iii, … + Start at: 1 + Alignment: Left + Aligned at: 1.5" +
Indent at: 1.75"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
iv. In the case that a tenant is not oriented towards a street frontage and desires to
place a sign on the elevation that faces a street frontage, the maximum
allowable sign area allowed to be displayed by all tenants on the public street
facing frontage shall be one and a half square feet of sign area per linear foot
of building frontage.
v. Buildings greater than 50,000 square feet are not subject to the square footage
maximums listed above.
2. Number of Signs Allowed. A maximum of two three (3) signs will be allowed per business
with a maximum of one sign per wall. Sign size will be limited by the regulations stated above.
3. Letters, Symbols and Logos. Under no circumstances will a letter, symbol, or logo
dimension greater than six feet be allowed, except any use that occupies in excess of 100,000 square
feet of building area shall be allowed to have individual letters not to exceed eight feet in height.
4. Projecting Out From Building. No sign shall project out from the building more than 18
inches.
5. Projecting Above Roofline. No sign shall project above the roofline or parapet where one
exists.
6. Convenience Stores. In addition to the regulations stated above, one sign on a canopy in a
convenience store or gasoline pump use may be permitted. Said sign shall be one square foot per
linear foot of frontage of the canopy to a maximum sign area of 50 square feet. Said sign shall be
confined to the actual dimensions of the canopy.
167.08 MULTIPLE TENANT FASCIA/WALL SIGNS.
1. Sign Area Allowed – Horizontal Multiple Tenant Buildings. For horizontal multiple tenant
buildings that have a setback of 250 feet or less from the lot line, one square foot of sign area may
be erected for every linear foot of tenant frontage measured from demising wall to demisin g wall.
(See Figure 167A). For a setback of 251 feet to 500 feet, one and one-half square feet of sign area
may be erected per linear foot of tenant frontage measured from demising wall to demising wall.
For a setback greater than 500 feet, two square feet of sign area may be erected per linear foot of
tenant frontage measured from demising wall to demising wall. Setbacks shall be measured from
the front of said building that faces a public street. In the case that a tenant is not oriented towards
a building frontage and desires to place a sign on the elevation that faces a building frontage, the
maximum allowable signage shall be one square foot of sign area per linear foot of building
frontage for all with a maximum of three total tenant signs on the building frontage. (See Figure
167B).
1. Sign Area Allowed – Horizontal Multiple Tenant Buildings. The following sign areas shall
be allowed.
A. Public street facing tenant(s):
i. One and a half square feet of sign area may be erected for every linear foot of
tenant frontage to a maximum of one hundred (100) square feet.
ii. In the case that the tenant(s) sign has a setback of greater than two hundred
fifty feet (250’) from the nearest public street right-of-way, two (2) square feet
of sign area may be erected per linear foot of tenant frontage to a maximum
sign area of two hundred (200) square feet.
Formatted: Strikethrough
Formatted: Indent: Left: 0.5", Hanging: 0.5", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 2.13" + Indent at: 2.38"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
Formatted: Numbered + Level: 2 + Numbering Style: i, ii,
iii, … + Start at: 1 + Alignment: Left + Aligned at: 1.5" +
Indent at: 1.75"
iii. In the case that a tenant has frontage along more than one public street, the
total sign area shall be calculated off of no more than two (2) public street
frontages, up to a maximum of four hundred (400) square feet.
iv. Tenants frontage shall be measure from demising wall to demising wall (See
Figure 167A).
v. Buildings greater than 50,000 square feet are not subject to the square footage
maximums listed above.
B. Nonpublic street facing tenant(s):
i. One and a half square feet of sign area may be erected for every linear foot of
tenant frontage to a maximum of one hundred (100) square feet.
ii. In the case that the tenant(s) sign has a setback of greater than two hundred
fifty feet (250’) from the nearest public street right-of-way, two (2) square feet
of sign area may be erected per linear foot of tenant frontage to a maximum
sign area of two hundred (200) square feet.
iii. In the case that a tenant has frontage along both a non -public street and a public
street, the sign area shall be calculated off of the public street facing frontage.
iv. In the case that a tenant is not oriented towards a street frontage and desires to
place a sign on the elevation that faces a street frontage, the maximum
allowable sign area allowed to be displayed by all tenants on the public street
facing frontage shall be one and a half square feet of sign area per linear foot
of building frontage.
v. Tenant frontage shall be measured from demising wall to demising wall (See
Figure 167A).
vi. Buildings greater than 50,000 square feet are not subject to the square footage
maximums listed above.
Figure 167A
Horizontal Multiple Tenant Building Oriented Toward Street Frontage
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
Formatted: Numbered + Level: 2 + Numbering Style: i, ii,
iii, … + Start at: 1 + Alignment: Left + Aligned at: 1.5" +
Indent at: 1.75"
Figure 167B
Horizontal Multiple Tenant Building Not Oriented
Toward Street Frontage
[Tenants A, B, and C would be permitted to place a sign along the public street frontage provided the total
overall signage for the three together is not greater than 80 square feet.]
2. 2. Sign Area Allowed – Vertical Multiple Tenant Buildings. For vertical multiple tenant
buildings that have a setback of 250 feet or less from the lot line, the maximum square footage for all tenant
signs shall be one square foot of sign area for every linear foot of building frontage. (See Figure 167C).
For a setback of 251 feet to 500 feet, one and one-half square feet of sign area may be erected per linear
foot of building frontage. For a setback greater than 500 feet, two square feet of sign area may be erected
per linear foot of building frontage. (See Figure 167C). Setbacks shall be measured from the front of said
building which faces a public street. In the case of a vertical multiple tenant building, the maximum square
footage for each building or tenant signs shall be one square foot of sign area for every linear foot of building
or tenant frontage. In the event that a tenant occupies more than one story, they shall not be permitted to
count the frontage on both stories (See Figure 167B).
Formatted: No bullets or numbering, Tab stops: Not at 1"
Figure 167BC
Vertical Multiple Tenant Building Signage
3. 3. Number of Signs Allowed. A maximum of two signs will be allowed per business with a
maximum of one sign per wall. Corner tenants that front a public street or a nonpublic street will be allowed
a maximum of three (3) signs. Sign size will be limited by the regulations stated above.
4. 4. Letters, Symbols and Logos. Under no circumstances will a letter, symbol, or logo dimension
greater than six feet be allowed, except any use that occupies in excess of 100,000 square feet of building
area shall be allowed to have individual letters not to exceed eight feet in height.
5. 5. Design. All signage on a multi-tenant building shall complement the character and architecture
of the building and be consistent in design and construction.
167.09 MONUMENT SIGNS.
1. Number of Signs. One freestanding monument identification sign shall be permitted for
each lot, or one sign for each 300 feet of street frontage, whichever is greater, subject to provisions
hereinafter specifically set out. A minimum distance of 200 feet shall separate each permitted
monument sign. Businesses that have frontage on more than one street will be permitted the use
of a second sign. In no case shall more than two monument signs be permitted for each lot.
2. Setback Requirement. The minimum setback required for monument signs shall be 15 feet.
All signs shall have a side setback not less than the height of the sign.
3. Sign Area. The total area of a sign shall be the actual square footage of one sign face.
Double faced signs may be permitted with the maximum square footage permitted on each side.
The maximum sign area of a monument sign shall not exceed 60 s quare feet. The copy area shall
be limited to a single geometric shape unless it emulates the building form or feature.
4. Sign Size. The maximum height shall be 15 feet and the maximum width of the sign shall
be 12 feet.
5. Sign Bases. All sign bases shall be designed and constructed of materials that are similar
to those used on the principal building. Sign bases shall be dominated with materials of
permanency and strength, such as brick, stone, block, or other masonry or concrete materials and
shall be consistent with the materials used in the construction of the building. Metal skirting around
a supporting pole shall not be considered an acceptable sign base material.
6. Monolithic or Columnar Line. Monument signs shall have a monolithic or columnar line
that maintains essentially the same profile from grade to top. The width of the sign base shall be a
minimum of 80 percent of the entire width of the sign.
7. Vertical Distance. The vertical distance between the sign face and the base shall not be
greater than six inches.
8. Prohibited Signs. Signs that are composed of wood material or signs with metal as the
primary material and any sign surface with letters painted upon a panel or wall area are prohibited.
167.10 MULTIPLE TENANT MONUMENT SIGNS. Monument signage in planned commercial
development with at least three tenants, and over 25,000 square feet of gross building square footage , is
intended to provide primary development identification within a planned commercial unit. Additionally,
such signage may provide advertisement to tenants of the development. In lieu of any other permitted
monument sign, a multiple tenant sign shall be allowed on lots or tracts under single ownership,
management or control, provided the following conditions are met:
Formatted: No bullets or numbering, Tab stops: Not at 1"
Formatted: No bullets or numbering, Tab stops: 0.5", Left
+ Not at 1"
1. Number of Signs. One freestanding multiple tenant monument identification sign shall be
permitted for each lot, or one sign for each 300 feet of street frontage, whichever is greater, subject
to provisions hereinafter specifically set out. A minimum distance of 200 feet shall separate each
permitted multiple tenant monument sign. Developments that have frontage on more than one
street will be permitted the use of a second sign. In no case shall more than two multiple tenant
monument signs be permitted for each lot.
2. Setback Requirement. The minimum setback required for monument signs shall be 15 feet.
All signs shall have a side setback not less than the height of the sign.
3. Sign Area. The total area of a sign shall be the actual square footage of one sign face.
Double faced signs may be permitted with the maximum square footage permitted on each side.
The maximum sign area of a multiple tenant monument sign shall not exceed 100 square feet. The
copy area shall be limited to a single geometric shape unless it emulates the building form or
feature.
4. Sign Size. The maximum height shall be 15 feet and the maximum width of the sign shall
be 12 feet.
5. Sign Bases. All sign bases shall be designed and constructed of materials that are similar
to those used on the principal building. Sign bases shall be dominated with materials of
permanency and strength, such as brick, stone, block, or other masonry or concrete materials and
shall be consistent with the materials used in the construction of the building. Metal skirting around
a supporting pole shall not be considered an acceptable sign base material.
6. Monolithic or Columnar Line. Monument signs shall have a monolithic or columnar line
that maintains essentially the same profile from grade to top. The width of the sign base shall be a
minimum of 80 percent of the entire width of the sign.
7. Vertical Distance. The vertical distance between the sign face and the base shall not be
greater than six inches.
8. Prohibited Signs. Signs that are composed of wood material or signs with metal as the
primary material and any sign surface with letters painted upon a panel or wall area are prohibited.
167.11 SPECIAL PROVISIONS FOR C-2 DOWNTOWN DISTRICT.
1. Fascia/Wall Signs.
A. Sign Area Allowed. One square foot of sign area may be erected for every linear
foot of a building front that has a setback of 250 feet or less from the lot line. For a setback
of 251 feet to 500 feet, one and one-half square feet of sign area may be erected per linear
foot of building front. For a setback greater than 500 feet , two square feet of sign area
may be erected per linear foot of building front. Setbacks shall be measured from the front
of said building. The front of said building shall be that wall that contains the main entry.
If the front of a building faces away from the street frontage, a wall sign may be erected on
the rear or side wall of said building at a rate of one-half the linear footage of said wall. At
no time shall more than two walls be used to compute allowable signage.
1. Sign Area Allowed – Fascia Wall Signs. The following sign areas shall be allowed.
A. Public street facing tenant:
i. One and a half square feet of sign area may be erected for every linear foot
of tenant frontage to a maximum of one hundred (100) square feet.
ii. In the case that the tenant sign has a setback of greater than two hundred
fifty feet (250’) from the nearest public street right-of-way, two (2) square
Formatted: Strikethrough
Formatted: No bullets or numbering, Tab stops: 0.5", Left
+ Not at 1"
Formatted: Indent: Left: 1", Hanging: 0.5", No bullets or
numbering
Formatted: Indent: Left: 1.5"
feet of sign area may be erected per linear foot of tenant frontage to a
maximum sign area of two hundred (200) square feet.
iii. In the case that a tenant has frontage along more than one public street, the
total sign area shall be calculated off of no more than two (2) public street
frontages, up to a maximum of four hundred (400) square feet.
B. Nonpublic Street facing tenant:
i. One and a half square feet of sign area may be erected for every linear foot of
tenant frontage to a maximum of one hundred (100) square feet.
ii. In the case that the tenant sign has a setback of greater than two hundred fifty
feet (250’) from the nearest public street right-of-way, two (2) square feet of
sign area may be erected per linear foot of tenant frontage to a maximum sign
area of two hundred (200) square feet.
iii. In the case that a tenant has frontage along both a non -public street and a public
street, the sign area shall be calculated off of the public street facing frontage.
iv. In the case that a tenant is not oriented towards a street frontage and desires to
place a sign on the elevation that faces a street frontage, the maximum
allowable sign area allowed to be displayed by all tenants on the public street
facing frontage shall be one and a half square feet of sign area per linear foot
of building frontage.
A.B.
B.C. Number of Signs Allowed. A maximum of two signs will be allowed per business
with a maximum of one sign per wall. Sign size will be limited by the regulations stated
above.
C.D. Letters, Symbols and Logos. Under no circumstances will a letter, symbol, or logo
dimension greater than four feet be allowed.
D.E. No sign shall project out from the building more than 12 inches.
E.F. No sign shall project above the roofline or parapet where one exists.
F.G. If a building houses more than one business, then more than one sign may be
erected, provided the total size of all signs are still within the requirements as set forth in
this section.
2. Projecting Signs.
A. One projecting sign shall be allowed per establishment.
B. Projecting signs must not exceed nine square feet. The maximum projection
beyond the face of the building will be four feet.
C. The maximum height to the top of the sign, as measured from the sidewalk
elevation at the building line on the facade to which the sign is attached, shall not exceed
12 feet. The lower edge of such a sign must be at least seven feet, six inches above the
sidewalk directly beneath the sign.
D. Two-dimensional signs shall have both faces parallel, vertical, and at right angles
to the building line.
Formatted: Indent: Left: 1", Hanging: 0.5", No bullets or
numbering
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 9 + Alignment: Left + Aligned at: 1.5" +
Indent at: 1.75"
Formatted: Indent: Left: 1.5", Hanging: 0.25", Numbered
+ Level: 1 + Numbering Style: i, ii, iii, … + Start at: 2 +
Alignment: Left + Aligned at: 2.63" + Indent at: 3.13"
Formatted: Strikethrough
3. Monument Signs.
A. One freestanding monument identification sign shall be permitted for each lot, or
one sign for each 150 feet of street, whichever is greater, subject to provisions hereinafter
specifically set out. Businesses that have frontage on more than one street will be permitted
the use of a second sign, provided it measures less than one-third of the total dimension of
the principal monument sign.
B. The sign may be two sided. The monument shall not have a total surface in excess
of 30 square feet on any side, and not more than two sides of said sign shall be used for
advertising purposes. The maximum height shall be six feet, and the maximum width shall
be six feet.
4. Canopies, Marquees, Awnings. Canopies, marquees, and awnings may contain signage,
provided the following requirements are met:
A. If signage is parallel to the building facade, its area shall be deducted from the
maximum allowable area of fascia/wall signs.
B. If at right angles, it shall substitute for all other projecting signs.
5. Sign Materials. Sign materials will not be limited; however, signage should be professional
in appearance and should fit in with the buildings and surroundings in the area.
6. Exemptions. The following signs shall be exempt from the limitations of this section.
These signs may be repaired or replaced so long as the repaired or replaced sign is identical to the
sign in place at the effective date hereof. Where such repair or replacement would change the
appearance of the sign, the provisions of this section must be met.
A. 529 Ashworth – Farmer’s Co-Op Pole Sign.
B. 405 6th Street – Pin Oak Gallery Mural.
7. Appeal. Any differentiation from the items set forth in this section may be brought before
the Downtown Review Committee for recommendation prior to following the Board of Adjustment
appeals process as defined in Chapter 166 of these zoning regulations.
167.12 ASSOCIATION IDENTIFICATION SIGNS – RESIDENTIAL. Association identification
signs shall be permitted for the purpose of establishing a common neighborhood or complex identification
when there exists an owners’ association that provides for the maintenance of the sign and structures. Such
association shall not be disbanded or terminated without the City’s consent. Such signs shall be extensively
landscaped with trees, plantings, and natural features. Such signs may incorporate fountains, fences, or
similar features. Association identification sign area shall not exceed 40 square feet. The minimum setback
required of association identification signs shall be height of the sign. The maximum height of the sign
shall be eight feet. Association identification signs shall be dominated with materials of permanency and
strength, such as brick or stone.
167.13 ASSOCIATION IDENTIFICATION SIGNS – COMMERCIAL AND INDUSTRIAL. A
commercial or industrial development that has a minimum of 40 acres may erect one association
identification sign with the name of the building, complex, or center, provided there exists an owners’
association that provides for the maintenance of the sign and structures. Such association shall not be
disbanded or terminated without the City’s consent. Such signs shall be extensively landscaped with trees,
plantings, and natural features. Such signs may incorporate fountains, fences, or similar features.
Association identification sign area shall not exceed 60 square feet. The minimum setback required of
association identification signs shall be the height of the sign. The maximum height of the sign shall be 10
feet. Association identification signs shall be dominated with materials of permanency and strength, such
as brick or stone.
167.14 SIGNS FOR CHURCHES, SCHOOLS AND PUBLIC FACILITIES. Signs for churches,
schools, and other public uses shall be regulated in accordance with Sections 167.07 and 167.09 of this
chapter.
167.15 INTERSTATE CORRIDOR SIGNS. In addition to monument signs as permitted under this
chapter, one interstate monument sign shall be allowed on lots or tracts under s ingle ownership,
management, or control which have frontage abutting the interstate right-of-way, provided the following
conditions are met:
1. Interstate/Freeway Signs. Interstate sign identifies the name of an office park, commercial
park, industrial park, or single tenant user. Interstate/freeway signs must have a brick or stone base
that preserves largely the same profile from interstate/road grade to bottom edge of sign. The sign
face shall be no further than six inches away from the base.
2. Size of Sign. The total area of a sign shall be actual square footage of one sign face. Dual
faced signs may be permitted with the maximum square footage permitted on each side. The
maximum size of an interstate/freeway sign shall not exceed 120 square feet.
3. Maximum Height. The maximum height of an interstate/freeway sign shall not exceed 30
feet above interstate/road grade with the minimum height set at 15 feet. Refer to monument sign
regulations if the sign height falls under the minimum height stated in this section. The minimum
brick or stone allotment for the base of the sign shall equal or exceed 40 percent of the width of the
sign with the minimum base width of three feet.
4. Sign Setback. Minimum interstate sign setback shall be 15 feet from interstate right-of-
way.
5. Prohibited Signs. Signs that are composed of wood material or signs with metal as its
primary material and any sign surface with letters painted upon a panel or wall area are prohibited.
6. Distance From Other Signs. An interstate monument sign must be at least 100 feet from
any other such interstate monument sign, or other monument sign.
7. Permits. All applicable permits and regulatory approvals as required by law shall be
obtained from the State and federal government prior to the issuance of a permit from the City.
167.16 ELECTRIC CHANGEABLE COPY. Electric changeable copy shall be allowed on monument
signs within certain commercial districts. A maximum of 24 30 square feet or 50 percent of the maximum
sign area, whichever is less, may be dedicated to electric changeable copy, provided the following
conditions are met:
1. Electric changeable copy may change no more than one time in a five-minute interval and
shall not include any flashing, flowing, alternating or blinking lights. Time and temperature may
be included as a component of electric changeable copy or permitted in lieu of electric changeable
copy and shall not be restricted by the requirements of the five-minute interval as specified above.
2. Electric changeable copy shall be integral to and a part of an approved monument sign.
3. Sign content should be limited to on premises advertising or public announcements.
167.17 TEMPORARY SIGNS The purpose of this section is to allow temporary signage for specified
land uses and events of a limited duration.
1. Identification Signs. Project identification signs, provided such signs do not exceed 50
square feet in area, referring to the construction, lease, hire, or sale of a building, premises, or
subdivision lots, which sign shall refer to property on which the sign is located.
A. Such signs shall be limited to two signs for each plat listed in any residential
district. Such signs shall be limited to one sign for each lot listed in any commercial or
industrial district.
B. The minimum setback required of such sign shall be five feet from the property
line.
C. Such sign shall be removed as soon as the premises are sold or leased or
construction has been completed.
2. Business Advertising, Opening and Closing. Banners, not exceeding 32 square feet, A-
frame signs, balloons, posters and signs advertising an opening or closing of business subject to
approval by the administrative official.
A. Such signs may only remain in place for four weeks and no more than one time
per year per opening or closing.
B. The minimum setback required is five feet from the property line.
3. Business and Public Advertising Special Events. Banners, not exceeding 32 square feet,
A-frame signs, balloons, posters and signs advertising a special event subject to approval by the
administrative official.
A. Such signs may only remain in place for two weeks and no more than four times
per year. Such signs events shall be permitted to be consecutive.
B. The minimum setback required is five feet from the property line.
4. Bag Signs. Such signs shall be permitted for businesses wishing to cover existing signage
until the replacement sign is manufactured. Bag signs shall be made of a canvas or cloth material
and may be displayed for a period no longer than 45 days.
167.18 WINDOW SIGNS. All window signs, whether temporary or permanent, shall be restricted to
no more than 50 percent of the size of the applicable window area and shall be located on the interior side
of the window. Typical window signs include, but are not limited to: painted signage, vinyl signage, neon
beverage signs, sale and product ads, etc.
167.19 AGRICULTURAL IDENTIFICATION SIGNS. Signs, not exceeding 10 square feet in area,
identifying the premises or indicating the product grown or material and equipment used on the premises.
167.20 TABLE OF SIGNS PERMITTED BY ZONING DISTRICT. The following Table 167A
contains a summary of signs allowed, by zoning district.
TABLE 167A – SIGNS PERMITTED BY ZONING DISTRICT
Sign Type Number
Allowed
Sign Area Minimum
Setback
Maximum
Height
Design Standards Permitted Districts
Fascia/Wall
32 per
business, 2 per
business for
internal
tenants; 1 per
wall
1.5 square foot
per linear foot of
frontage 0 to 250 feet
n/a See Section 167.07
of this chapter.
A-1 (schools,
churches, public
facilities); C-1, C-
1A, C-1B, C-2
(subject to Sec.
167.11 of this
chapter); C-4, M-1,
M-1A and M-2
21.5 square feet
per linear foot of
frontage
251 to 500
feet
2 square feet per
linear foot of
frontage
500+ feet
Monument
1 per lot or 1
sign per 300
feet of
frontage; 2 per
lot for lots with
2 street
frontages
60 square feet on
each of 2 sides;
sides must be
parallel
15 feet from
all property
lines
15 feet
To be constructed of
the same materials
present on the
principal building
and subject to
167.09 of this
chapter
A-1 (schools,
churches, public
facilities);C-1, C-1A,
C-1B, C-2 (subject to
Sec. 167.11 of this
chapter); C-4, M-1,
M-1A and M-2
Multi-Tenant
Monument
1 per lot or 1
sign per 300
feet of
frontage; 2 per
lot for lots with
2 street
frontages
100 square feet
on each of 2
sides; sides must
be parallel
15 feet from
all property
lines
15 feet
To be constructed of
the same materials
present on the
principal building
and subject to
167.10 of this
chapter
C-1, C-1A, C-1B,
C-4, M-1,
M-1A and M-2;
building must be
minimum 25,000
square feet and
include 3 tenants
Association
Identification
Signs
1 per
development
entrance
40 square feet on
each of 2 sides;
sides must be
parallel
Height of the
sign
8 feet
To be constructed of
brick, stone, or
similar material
approved as a part of
the plans for a
development and
subject to Sec. 167.12
of this chapter
All residential
districts
1 per
development
60 square feet on
each of 2 sides;
sides must be
parallel
10 feet
To be constructed of
brick, stone, or
similar material
approved as a part of
the plans for a
development and
subject to Sec. 167.13
of this chapter
All commercial and
industrial districts;
development must be
a minimum of 40
acres
Interstate
Corridor
Signs
1 per lot
120 square feet
on each of 2
sides; sides must
be parallel
15 feet from
interstate
right-of-way
30 feet
To be constructed of
brick, stone or
similar materials
Commercial districts
only
Electric
Changeable
Copy
1 per lot
integrated into
a monument
sign
3024 square feet
on each of 2 sides
or 50 percent of
the maximum
sign area; sides
must be parallel
15 feet from
all property
lines
n/a
Electronic change of
copy subject to
167.16 of this
chapter
C-1 and C-1B
Temporary
Signs -
Opening and
Closing
1 per business 32 square feet
5 feet from
all property
lines or
affixed to the
building
n/a
Sign allowed for 4
consecutive weeks
per year
All commercial and
industrial districts
Temporary
Signs –
Special
Events
1 per business 32 square feet
5 feet from
all property
lines or
affixed to the
building
n/a
Sign allowed for 2
consecutive weeks,
4 times per year
All commercial and
industrial districts
Window Undefined
Not more than 50
percent of the
total window area
n/a n/a
Sign must be on the
inside of the
window area
Commercial districts
only
[The next page is 1285]
CHAPTER 168
ZONING REGULATIONS
PARKING AND LOADING
168.01 Purpose and Scope 168.07 Parking for Persons with Disabilities
168.02 Jurisdiction 168.08 Dimensional Requirements
168.03 Applicability 168.09 Landscaping, Screening and Open Space
168.04 Off-Street Loading Spaces Required Requirements
168.05 Lighting Requirements 168.10 Off-Street Parking Spaces Required
168.06 Off-Street Parking Regulations
168.01 PURPOSE AND SCOPE. The purpose of this chapter is to protect the health, safety, and
general welfare of the citizens to be accomplished so as to:
1. Prevent traffic congestion and hazards.
2. Provide for proper traffic safety by preserving the public thoroughfares for the unimpaired
movement of pedestrian, bicycle, and vehicular traffic.
3. Provide for attractive, secure, properly lighted, and well screened off -street parking and
loading facilities.
4. Assure the mobility and access of emergency vehicles.
5. Provide for appropriately designed parking and loading facilities in proportion to the needs
generated by the varying types of land use in order to maintain the character of the City
environment.
6. Minimize the negative visual impacts of large expanses of parking and loading areas by
reducing glare from parking lots through open space and landscaping in and around parking areas.
168.02 JURISDICTION. The lawful use of parking and loading facilities existing on January 8, 2007,
may be continued although such facilities may not conform to the regulations herein. Parking and loading
facilities permitted before the adoption of the regulations herein shall be referred to as “permitted
nonconforming uses.” No permit shall be issued for any lot, tenant, or development after the effective date
of this chapter unless the same is in conformity with, the provisions of this chapter. No parking or loading
facility, except where specified herein, may be substantially improved, converted, enlarged or otherwise
altered without conforming to this chapter.
168.03 APPLICABILITY. In any and all districts in connection with every industrial, commercial,
business, recreational, or dwelling use, and all other uses, space for off-street parking and storage of any
vehicle shall be provided in accordance with all of the following regulations except where otherwise
specified herein.
168.04 OFF-STREET LOADING SPACES REQUIRED.
1. Loading Space Required. In any C or M District, in connection with every building or part
thereof hereafter erected, having a gross floor area of 20,000 square feet or more, which is to be
occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store,
market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt
or distribution by vehicles of material or merchandise, there shall be p rovided and maintained on
the same lot with such building, at least one off-street loading space plus one additional such
loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in
excess of 20,000 square feet.
2.1. Loading Areas With Dock. Loading areas that have a dock shall have a minimum width
of 12 feet and a minimum length of 40 feet.
3.2. Loading Areas Without Dock. Loading areas that do not have a dock shall have a minimum
width of 10 feet and a minimum length of 25 feet.
4.3. Location of Loading Areas. Loading areas shall generally be located behind a building not
fronting a public street right-of-way. Loading areas should be set back from an adjoining R District
a distance of at least 25 feet or not less than the minimum required landscape buffer from the R
District boundary and an opaque screen or buffer should be installed and maintained.
5.4. Use of Street or Alley Restricted. No portion of a public street or alley should be allowed
to accommodate loading area functions unless otherwise designated by the City.
168.05 LIGHTING REQUIREMENTS. Lighting requirements for off-street parking and loading
areas shall comply with the standards as established in Chapters 160 through 163 (Site Plan Requirements)
of this Code of Ordinances.
168.06 OFF-STREET PARKING REGULATIONS. All of the following standards shall apply to all
off-street parking:
1. Parking Spaces Required. No structure or use shall be permitted or constructed unless off-
street parking spaces are provided in accordance with the provisions of this chapter.
2. Arrangement and Marking. All parking areas shall be so arranged and marked so as to
provide for orderly and safe loading or unloading, parking, and storage of vehicles.
3. Use of Spaces Restricted. Required parking spaces shall be used only for the parking of
vehicles for property owners, guests, renters, patrons or employees of the site. Required parking
spaces shall not be used for the commercial sale, display, rental or repair of other vehicles.
4. Surfaced Areas; Private Property. All parking of vehicles, including automobiles, vans,
campers, trucks, trailers, tractors, recreational vehicles, boats, construction equipment and any
other mobile vehicle equipped for street and highway travel shall occur on permanent imper vious
surface (concrete or asphalt) areas and on private property only.
5. Long Term Storage. No outdoor parking spaces or drives shall be used as long term storage
for the following, including (but not limited to): vehicles, supplies, construction material s or
portable sheds. “Long term,” for the purposes stated herein, is defined as a period of time greater
than 10 days.
6.5. Fractional Spaces. Fractional space requirements shall be rounded up to the next whole
space.
6. Uses with Differing Business Hours. The number of required parking spaces for uses with
differing business hours that share a parking lot may be reduced by 25 percent of the total required
for each use if it is determined by the administrative official that such reduction will not have a
negative impact on the congestion or safety of the development.
7. Reduction In Parking Capacity Prohibited. Any required parking spaces displaced by
building expansion shall be provided elsewhere on the site. No required off-street parking facility
shall be reduced in capacity below the minimum requirements of this chapter.
8. Change In Building or Use; Increased Capacity. When a principal building is enlarged,
increased in capacity, or when a change in use creates an increase in the amount of off-street parking
space required, additional off-street parking spaces shall be required in conformity with this
chapter.
9. Striping of Spaces. All parking spaces, except parking spaces for single-family attached
and detached dwellings, shall be striped in accordance with approved site plan. The striping is to
remain maintained in a clear and visible manner.
10. Maneuvering and Circulation Area. Off-street parking facilities, including (but not limited
to) parking lots, loading zones, and residential driveways shall accommodate the maneuvering and
circulation of all vehicles on site, so as not to impair the movement of vehicles on public streets.
Except for attached and detached single-family dwellings and townhomes, there shall be no backing
of any vehicle from an off-street parking space into a public street or alley unless otherwise
approved by the City Council.
11. Security and Lighting; Sanitation. All parking facilities shall be designed, constructed and
maintained with security as a priority to protect the safety of the user s. In all cases, lighting may
be regarded as an acceptable form of fulfilling the security requirement. All parking facilities shall
be maintained free of litter and debris, potholes, broken curbs, etc.
11.12. Sanitation. All parking facilities shall be maintained free of litter and debris, potholes,
broken curbs, etc.
12.13. Auto Repair and Car Washes. For auto repair, car wash, oil change shops or other similar
uses, lift racks shall not be considered as a required parking space.
13.14. Flexible Space. Buildings developed as “flexible space” shall be designed to accommodate
eight spaces per 1,000 square feet of gross building area. “Flexible space” is defined as those
buildings that are constructed to include multiple tenants, generally including retail users and
restaurant users. In the case that a big box retailer is a tenant within a “flexible space” building,
the minimum parking requirements shall be provided in accordance with the parking requirements
of each use. “Big box retailer” is defined as a single tenant user with a minimum square footage
of 50,000 square feet in gross floor area.
14.15. Queuing Space. For purposes of the requirements herein, a “queuing space” is defined as
a space used for the accommodation of vehicular traffic in wait, having a dimension of 12 feet in
width and 20 feet in length.
15.16. C-2 District Exempt. The C-2 Downtown Village District is exempt from the provisions
of this chapter.
168.07 PARKING FOR PERSONS WITH DISABILITIES. With respect to persons with disabilities
parking, all of the following apply:
1. The owner, contractor, and developer shall comply with all federal, State and local laws
regarding parking for persons with disabilities, including (but not limited to) Chapter 321L of the
Code of Iowa and the Americans With Disabilities Act.
2. Parking spaces for persons with disabilities required by federal, State and local laws shall
count toward the requirements of this chapter.
168.08 DIMENSIONAL REQUIREMENTS.
1. Driveways. With respect to driveways, all of the following shall apply:
A. An access driveway shall not be less than 10 feet in width in the case of an attached
or detached single-family dwelling.
B. With the exception of attached or detached single-family dwellings, the minimum
width of a one-way driveway shall be 16 feet. The minimum width of a two-way driveway
shall be 24 feet.
C. Commercial uses that require the need for a drive-through lane, the minimum
drive-through lane width shall be 12 feet. In cases where the drive-through lane runs
adjacent with a drive-by lane, the minimum width shall be 24 feet.
2. Parking Spaces and Aisles. With respect to parking spaces and aisles, all of the following
shall apply:
A. A parking space reserved for the parking of vehicles, and aisles servicing their
respective parking spaces, shall have a minimum dimension based on the following table:
Angle of Parking Space
(Degree)
Stall Width
(Minimum)
Aisle Width
(Minimum)
0 9 feet 14 feet
45 12 feet 15 feet
50 12 feet 15 feet
55 12 feet 17 feet
60 10 feet 17 feet
65 10 feet 17 feet
70 9 feet 19 feet
75 9 feet 19 feet
90 9 feet 24 feet
B. The minimum length of all parking spaces shall be 19 feet.
C. Any proposed parking space of an angle other than specified in this chapter shall
have a sufficient width and length of no less than nine feet by 19 feet.
D. Any parking space parallel to a wall or other solid barrier shall be widened by an
additional two feet.
E. All parking spaces abutting a sidewalk shall have a minimum sidewalk width of
six feet. When the front of a parking space abuts open space within the perimeter of the
parking lot, the minimum width of the open space shall be five feet.
F. When the front of a parking space abuts spaces as defined in paragraph E of this
subsection, the stall length may be decreased a maximum of two feet.
3. Parking Lot Setbacks. In case of any parking area within any C or M District:
A. A minimum setback of 10 feet from the public street right -of-way or public
intersection shall be required.
B. A minimum setback of five feet from the side yard and rear yard setback shall be
required.
C. In case of an R District adjoined to a C or M District:
(1) The parking area in an adjoining C or M District to an R District shall be
set back at least 25 feet from the R District boundary line and shall be effectively
screened and planted accordingly.
(2) Parking may be established in any R District that immediately adjoins a C
or M District, provided such parking shall be accessory to and for the use of one
or more business or industrial establishments located in the adjoining C or M
District; provided, however, such transitional use shall not extend more than 100
feet from the boundary of the less restricted zone.
(3) All entrances and exits specified in subsection 2 of this section shall be
from the adjoined C or M District or an adjoining alley of both districts involved.
168.09 LANDSCAPING, SCREENING AND OPEN SPACE REQUIREMENTS.
1. Site Plan Requirements. All parking areas shall meet the open space and landscaping
requirements, including screening and buffers, as specified in Chapter 160 through 163 (Site Plan
Requirements) of this Code of Ordinances.
2. Landscaping and Maintenance. A minimum of 10 percent of the off-street parking facility
shall be landscaped and continuously maintained.
3. Planting Along Perimeter. Planting along the perimeter of a parking area, whether required
for screening or general beautification, will not be considered as part of the 10 percent interior
landscaping.
168.10 OFF-STREET PARKING SPACES REQUIRED. In case of any building, structure, or
premises, the use of which is not specifically mentioned herein, the provisions for a use that is mentioned
and for any use determined to be similar shall apply, as determined by the administrative official. All of
the requirements listed are the minimum that must be met:
Type Of Structure Minimum Number of Spaces
Animal boarding/kennel 3 spaces per 1,000 square feet
Assisted living center 1 space per 2 dwelling units; 1 space per staff during
the shift with the largest number of employees
Automotive repair station 3 spaces per service bay; 1 space per service vehicle;
2.5 spaces per 1,000 square feet of non-service area
Automotive sales
1 space per 300 square feet of indoor sales floor area;
1 space per 4,500 square feet of outdoor sales for
display;
Repair station equal to specified requirement 1 space
per 1,000 square feet of gross floor area plus 1 per
5,000 square feet of developed area
Bank 3 spaces per 1,000 square feet of gross floor area;
3 queuing spaces per drive-through station
Barber/beauty shop 1 space per chair or beautician station;
1 space per staff member
Type Of Structure Minimum Number of Spaces
Bowling center 3 spaces per lane; 5 spaces per 1,000 square feet of floor area
for associated eating and drinking places
Cafe, coffee shop, delicatessen 106 spaces per 1,000 square feet, plus 3 queuing spaces per
drive-through lane
Car wash, drive-through oil change 2 spaces per 1,000 square feet
Queuing capacity equal to 2 per service capacity
Car wash - self-service 1 space per wash bay plus 2 queuing spaces per bay
Childcare center 1 space per 6 children, 5 space minimum; 1 space per van or
bus; 1 queue space per 6 children
Commercial entertainment (batting cages, ice
skating, mini golf, etc.)
1 space per 1,000 square feet of outdoor area and building
combined
Consumer Fireworks Sales 10 spaces per 1,000 square feet of gross floor area
Convenience store/gas station 5 spaces per 1,000 square feet of gross floor area
Dance or assembly hall, theater, event center,
auditorium or gymnasium
1 space per 3 fixed seats or 20 spaces per 1,000 square feet if
no fixed seats
Display Fireworks Sales 1 space per 1,000 square feet of gross floor area, or 1
space per 2 employees, whichever is greaterof
Drinking establishment, lounge 15 spaces per 1,000 square feet of gross floor area
Driving ranges 2 spaces per tee area
Elementary and junior high schools 1 space per employee;;1 space per class room;
1 space per 4 seats in gymnasiums and auditoriums
Furniture, carpet, appliance – retail 2.5 spaces per 1,000 square feet of gross floor area
Funeral homes/mortuary
1 space per 4 fixed seats in assembly area
In case of no fixed seats, 10 spaces per 1,000 square feet of
assembly area
Fitness center/health club 4 spaces per 1,000 square feet of gross floor area
Golf course 6 spaces per hole
Grocery store 4 spaces per 1,000 square feet of gross floor area
High schools
1 space per employee;1 space per 5 students based on the
maximum capacity of school; 1 space per 4 seats in
gymnasiums and auditoriums
Hotel/motel
1 space per guest room
5 spaces per 1,000 square feet associated with eating and
drinking areas
Independent living facility 1.25 spaces per dwelling unit
1 visitor space per 5 dwelling units
Industrial, manufacturing facility 1.5 spaces per 1,000 square feet of gross floor area
Medical office/clinic 3 spaces per 1,000 square feet of gross floor area
Multi-family dwelling 1 space per bedroom2 spaces per dwelling unit
1 visitor space per 5 dwelling units
Professional/business office 3 spaces per 1,000 square feet of gross floor area
Religious organization
1 space per 4 fixed seats
In cases where an auditorium is not involved, 10 spaces per
1,000 square feet of gathering space
Restaurant (full service, fast food) 15 spaces per 1,000 square feet of gross floor area
5 queuing spaces per drive-through lane
Retail, general commercial 4 spaces per 1,000 square feet of gross floor area
Secondary, college, university, or vocational
school
1 space per classroom; 1 space per 4 seats at capacity;
Auditoriums and gymnasiums, 1 space per 4 seats
Self-storage, mini warehouse
1 space per 20,000 square feet of gross floor area
1 space per 50,000 square feet of vehicle or boat storage spaces
Office spaces equal to specified requirement
Single-family dwelling 2 spaces per dwelling unit
Townhome 2 spaces per dwelling unit; 1 visitor space per 5 dwelling
units in case of private streets
Warehouse 1 space per 1,000 square feet of gross floor area or 1 space
per 2 employees, whichever is greater
[The next page is 1295]
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 29 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
A-2 Rural Residential 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-3 Planned Commercial Development 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
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
M-2 Heavy Industrial District
COS Conservation and Open Space District
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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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 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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DISTRICT 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.
B. Bed and breakfast.
B.C. Cemeteries, including mausoleums.
C.D. Churches, chapels, temples and similar places of worship.
D.E. Electrical and liquefied product transmission and regulating facilities.
E.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.
F.G. Municipal facilities utilized by the City for services provided to the
community.; provided, all principal buildings be set back a minimum of 35 feet
from all property lines.
G.H. Nurseries, greenhouses, truck gardens.
H.I. Private noncommercial recreation areas and centers including country
clubs, swimming pools, golf courses and riding stables.
I.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.
J.K. Public water supply and sewage treatment facilities.
K.L. Publicly owned parks, playgrounds, golf courses and recreation areas.
L.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 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.
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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 shall 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. Minimum Width Regulation. The minimum dimension of the main body of the
principal building shall not be less than 24 feet.
5.4. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting the Waukee Building Code standards shall be required for all principal
buildings.
6.5. 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.
7.6. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
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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.
A.B. Cemeteries, including mausoleums.
B.C. Churches, chapels, temples and similar places of worship.
D. Municipal facilities utilized by the City for services provided to the
community.
C.E. Private noncommercial recreation areas and centers including country
clubs, swimming pools, golf courses and riding stables.
D.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.
E.G. Publicly owned parks, playgrounds, golf courses and recreation areas.
F.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. Minimum Width Regulation. The minimum dimension of the main body of the
principal building shall not be less than 24 feet.
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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.
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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.
D.E. Municipal facilities utilized by the City for services provided to the
community.
E.F. Museums, libraries, parks and playgrounds, community center, and
similar uses operated by the City.
F.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.
G.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.
A.B. Home occupations as permitted in and as limited by Section 165.11 of
these zoning regulations.
B.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.
C.D. Private garage or carport.
D.E. Private plant nurseries and greenhouses, not to exceed 240 square feet
and not involving retail or wholesale sales.
E.F. Private swimming pools, when enclosed with a non-climbable fence at
least 42 48 inches in height, or any enclosure designed for wading or
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swimming, which shall be deemed to be a swimming pool if it is capable of
holding 18 inches’ depth of water.
F.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.
G.H. Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
H.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.
I.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.
J.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
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 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 buildingpermitted
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
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DISTRICT REGULATIONS
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:
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.
4.5. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
5.6. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
6.7. 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.
7.8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
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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-1 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.
E. Childcare centers and nursery schools.
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
If a split level, each level shall be a minimum 350
square feet
If a split foyer, a minimum of 950 square feet per
story
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
When fronting on the right-of-way of a street, the
front yard shall be measured from the proposed
right-of-way line
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 buildingpermitted
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.
4.5. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
5.6. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
6.7. 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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
7.8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
8.9. 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.
(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,
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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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CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.09 R-3 RENTAL 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-2 4 District.
B. Multiple-family dwellings intended for rental occupancy (apartments),
exclusive of row dwellings and townhomes, consisting of not more than 24
dwelling units in one building.
C. Boarding and rooming houses.
C.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:
DensityLot Area 18 dwelling units per acre 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 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.
Formatted: Outline numbered + Level: 3 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
1.5" + Tab after: 1.5" + Indent at: 1.5"
Formatted: Indent: Left: 1.5"
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Maximum Height 3 stories or 40 45 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,
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.
4.5. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
5.6. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
6.7. 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.
CHAPTER 169 ZONING REGULATIONS
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7.8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
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:
1.2. 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.
2.3. 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.
3.4. 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.
4.6. Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
5.7. Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
6.8. 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.
7.9. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
8.10. 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.
[The next page is 1341]
CHAPTER 169 ZONING REGULATIONS
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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.
1.5. 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.; and not to exceed 6 units in length.
B. Churches, chapels, temples, and similar places of worship.For units to
qualify under the terms and provisions of this classification, each dwelling unit
shall have separate facilities for gas, electricity, sewage and water.
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.
B.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.
2.6. Permitted Accessory Uses. The accessory uses permitted in and as limited in
the R-1 District are permitted in the following accessory uses are permitted in the R-4
District:
A. Storage garages.
3.7. Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Minimum Plat Area (the
area within the perimeter of
the plat)
15,000 square feet
DensityLot Area 3,500 square feet per unit
Lot Width 20 feet per unit; 75 feet overall
Front Yard
30 feet
When fronting on the right-of-way of a major
thoroughfare shown on the Official Major Street
Formatted: Font: Italic
Formatted: Font: Italic
Formatted: Font: Italic
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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 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
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.
4.9. 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.
Formatted: Indent: Left: 0.5", No bullets or numbering
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5. R-1 or R-2 Election. In any R-4 District the owner may elect to treat the district
as an R-1 or R-2 District; provided, however, if plat approval is requested containing
any one- or two-family detached dwelling, then the entire district will be either an R-1
District or an R-2 District and subject to the requirements of Section 169.07 or 169.08
of this chapter. Thereafter, no row dwellings or townhome dwellings may be built in
said district.
6.10. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
7.11. 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.
[The next page is 1345]
CHAPTER 169 ZONING REGULATIONS
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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:
1.2. 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.
2.3. 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.
3.4. 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.
4.5. 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.
5.6. 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.
6.7. 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 area
CHAPTER 169 ZONING REGULATIONS
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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.
7.8. 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.
8.9. 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]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
(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 Health.
CHAPTER 169 ZONING REGULATIONS
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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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[The next page is 1365]
CHAPTER 169 ZONING REGULATIONS
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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.
B.C. Retail business or service establishments such as the following:
Animal hospital
Bowling alleys
Brew pub
Clubs and lodges, lodges and churches
Collection office of public utility
Drinking establishments
Furniture stores
Funeral homes and mortuaries
Gas stations
Golf driving range and miniature golf courses
Grocery stores including supermarkets
Household appliances - sales and repair
Meat market for storage
Medical, dental, and osteopathic clinics
Music recording studios
New and used car sales and service
Plumbing, heating and air conditioning shops
Small batch distillery
Printing shops
Night clubs and taverns
Wholesale display and sales room
New and used car sales and service excluding body repair and painting
Child care centers and nursery schools
C.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
Garage for general motor vehicle repairAutomotive vehicle service and repair
Liquor and beverage stores
Motels and motor hotels
Drive-in restaurants
Recreational vehicle parks
Truck stops
Hotels
CHAPTER 169 ZONING REGULATIONS
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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 15
30 feet.
Maximum Height
3 stories or 40 feet for principal building No
minimum 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. Building Area. No single building within the C-1 District shall exceed 50,000
square feet. No configuration of buildings shall be allowed which is intended or
planned to circumvent this requirement.
5.4. 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.
6.5. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
7.6. 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.
[The next page is 1373]
CHAPTER 169 ZONING REGULATIONS
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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.general retail and service commercial uses outside the Downtown Village District. The
uses permitted are intended to accommodate primarily the local and trade area retail consumer.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-1A District.
A. Hospitals, clinicsMedical 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.
C.E. Municipal facilities utilized by the City for services provided to the
community.
D.F. Retail business or service establishments such as the following:
Antique shops
Apparel shops
Art galleriesshops
Baby and children stores
Bakeries or bakery outlets – retail sales only
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
Dairy stores – retail only
Delicatessens
Dance studios
Drug stores
Dry goods stores
Florist shops
Home furnishing, décor and accessory storesFurniture stores
Gift shops
Hardware stores
Hobby and gift shops
Jewelry stores and watch repair shops
Key shops
Launderettes and dry-cleaning establishments, coin-operated dry-cleaning
establishments, and dry-cleaning or pressing establishments
Meat market for retail sales only
Leather goods store
Music and video stores
Music studios other than recording studios
Novelty food and drink shops
Paint and wallpaper stores
CHAPTER 169 ZONING REGULATIONS
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Photographic studios
Postal substations
Professional offices
Radio and television sales and repair shops
Real estate, insurance and financial institutions
Restaurants, cafes
Retail printing/copy shops
Shoe and hat repair shops
Sporting goods stores
Tailor and dressmaking shops
Toy stores
Variety stores
E.G. Service, business orWellness or recreational uses such as the
following:
Instructional fitness or recreational studioAutomobile accessory stores
Health club Drive-in banks
Food, meat and fruit stores and food catering services, retail only
Laundry pickup stations
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 15
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
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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 1381]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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:
1.2. 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.
2.3. Permitted Accessory Uses.
A. Accessory uses and structures customarily incidental to any principal
permitted use.
B. Storage of merchandise incidental to the principal use.
3.4. 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
4.5. 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.
5.6. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
6.7. 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
CHAPTER 169 ZONING REGULATIONS
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shall not include access drives, parking areas, structures, or buildings, except
ornamental structures included as part of the landscaping theme.
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[The next page is 1385]
CHAPTER 169 ZONING REGULATIONS
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169.17 C-2 DOWNTOWN VILLAGE DISTRICT. The C-2 District is intended to
accommodate the 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
document identifying areas for commercial, office, mixed-use, and/or residential uses.
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.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, financial, and similar uses.
(3) Personal service businesses such as:
Beauty and barber shops
Shoe, watch, and hat repair shops
Launderettes and dry-cleaners
(4) Retail business or service establishments such as the
following:
Brew PubsAntique shops
Drinking establishmentsApparel shops
Small batch distillery Art and hobby shops
Art galleries
Baby and children stores
Bakeries or bakery outlets – retail sales only
Bicycle shops, sales and repairs
Book stores
Camera stores
Child care centers and nursery schools
Confectionery stores, including ice cream or snack bars
Convenience store
Dairy stores – retail only
Delicatessens
Dance studios
Drinking establishments
Drug stores
Dry goods stores
Florist shops
Gift shops
Hardware stores
Home furnishing, décor, and accessory stores
Jewelry stores and watch repair shops
Key shops
Meat market for retail sales only
Leather goods store
Formatted: Indent: Left: 1.5"
Formatted: Indent: Left: 1.5", Space Before: 6 pt
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DISTRICT REGULATIONS
Music and video stores
Music studios
Novelty food and drink shops
Paint and wallpaper stores
Photographic studios
Postal substations
Retail printing/copy shops
Radio and television sales and repair shops
Restaurants, cafés
Sporting goods stores
Tailor and dressmaking shops
Toy stores
Variety stores
(5) Service, business or recreational uses such as the following:
Automobile service and accessory stores
Bowling alley
Food catering services Drive-in banks
Food, meat and fruit stores and food catering services – retail only
Theatres, movie or performance
Travel and tourist information centers
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.
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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.
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[The next page is 1395]
CHAPTER 169 ZONING REGULATIONS
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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. The district is intended to be compatible with established residential areas
where limited office use would be suitable and not incompatible with the residential character
of the district. The district is also intended for certain residential areas that, by reason of
proximity to existing commercial areas and major streets, would be suitable for limited office
use.
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, libraries, funeral homes, and
mortuaries.
E. Hotels and conference centers
F. Restaurants (not including drive-through restaurants)
E.G. Office buildings serving the management, research, design, marketing,
and production needs of the general business community.
F. The following low-intensity commercial service uses, intended
primarily to serve the occupants and patrons of the C-4 District, shall be
permitted within a building housing a use permitted under items A through E
above: bookstores, camera stores, snack shops, drug stores, gift shops,
restaurants (not including drive-in restaurants), cocktail lounges, travel
agencies, stationery stores, and uses of a similar nature.
2. Permitted Accessory Uses.
A. Accessory uses and structures customarily incidental to any principal
permitted use.
B. The following low-intensity commercial service uses, intended
primarily to serve the occupants and patrons of the C-4 District, shall be
permitted within a building housing a use permitted under items A through E
above: bookstores, camera stores, snack shops, drug stores, gift shops, drinking
establishments, travel agencies, office supply stores, child care facilities, fitness
centers, hair salon, and uses of a similar nature.
B. Prescription pharmacy accessory to a medical clinic.
3. Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19 of these zoning regulations:
Formatted: Indent: Left: 1", No bullets or numbering
CHAPTER 169 ZONING REGULATIONS
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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 3025 feet.
Maximum Height
4 stories or 45 feet – principal buildingNo maximum
except when adjacent to R-1, R-2 or R-4 District, 2
stories or 40 feet.
1 story or 14 feet accessory building
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall
be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
5. Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
6. Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 25 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structure, or buildings, except ornamental
structures included as part of the landscaping theme.
[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 individual 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 porches. 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 popula tion 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.
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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]
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169.25 K-RR KETTLESTONE RETAIL REGIONAL DISTRICT. The K-RR District
is intended and designed to provide certain areas of the Kettlestone development with retail
areas intended to be large scale, including large box retailers, and located in high traffic, high
visibility areas to provide retail services for the entire community and regional area. The
K-RR zoning designation is reserved for those properties located within the adopted Kettlestone
District Boundary Map of the Kettlestone Design Guidelines document identifying areas for
residential, commercial, office, and mixed uses.
1. Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the K-RR District.
A. Retail businesses and service establishments such as:
(1) Retail sales stores including drug stores, bakeries and grocery
stores (outdoor storage is prohibited but limited outdoor display may
be permitted as part of the site plan approval process).
(2) Hotels and Motels.
(3) Personal service businesses such as hair and beauty salons,
dry-cleaners and launderettes, shoe and watch repair shops.
(4) Restaurants and Coffee Shops: dine-in, carry-out and drive-
through.
(5) Outdoor seating areas may be permitted as part of the site plan
approval process.
(6) Bars, cocktail lounges, taverns or saloons. Outdoor seating
areas may be permitted as part of the site plan approval process.
(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.
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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]
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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.
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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
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
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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 for storage
Plumbing, heating and air conditioning shops
Printing shops
Truck stops
Wholesale display and sales room
Car wash
Commercial swimming pools, skating rinks, golf driving ranges, miniature
golf courses, drive-in theatres and similar recreational uses and
facilities
Garage for general motor vehicle repair
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Recreational vehicle parks
D. Assembly of small electrical appliances, instruments and devices.
small industrial and electronic instruments and devices, radios, phonographs
and television sets, including the manufacture of small accessory parts only,
such as coils, condensers, transformers, crystal holders and similar products.
E. Commercial trade schools.
F. Compounding and packaging of drugs, pharmaceuticals, cosmetics,
perfumes and toiletries.
G. Consumer fireworks sales.
G.H. Indoor shooting facilities.
H.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.
I.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.
J.K. Printing, lithographing or film processing plants.
K.L. Radio and television broadcasting stations and studios, but not
including antennas or towers.
L.M. Warehouses for storage of merchandise or material in connection with
the uses permitted in this district only.
M.N. Heliports.
N.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.
CHAPTER 169 ZONING REGULATIONS
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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; 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.
Side Yard
None required except when adjacent to an R or C-1
District or street right-of-way line, a side yard of 25
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.
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[The next page is 1457]
CHAPTER 169 ZONING REGULATIONS
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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.
G.H. Distribution centers
H.I. Enameling, lacquering or japanning.
I.J. Laboratories – research, experimental and testing.
J.K. Lumber yards and building material sales yards.
K.L. Machine shops.
L.M. Manufacture of musical instruments and novelties.
M.N. Manufacture or assembly of electrical appliances, instruments and
devices.
N.O. Manufacture of pottery or other similar ceramic products, using only
previously pulverized clay and kilns fired only by electricity or gas.
O.P. Manufacture and repair of electric signs, advertising structures, sheet
metal products, including heating and ventilating equipment.
P.Q. Milk distribution station.
Q.R. Manufacture of wood products not involving chemical treatment.
R.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.
S.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.
T.U. Printing plant.
U.V. Storage and sale of livestock feed, providing dust is effectively
controlled.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
V.W. Flammable liquids storage not to exceed 40,000 gallons, provided it is
located at least 200 feet from any R District.
W.X. Wholesale storage and warehouse establishments.
X.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 25 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 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.
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 location. The Council
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
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 any
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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
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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. If
adjoining an R District boundary, all buildings and
structures shall require a minimum setback of 100
feet.
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
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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.
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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.
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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
CHAPTER 169 ZONING REGULATIONS
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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.
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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
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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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CHAPTER 169 ZONING REGULATIONS
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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, the stream banks and flood plains of
the Waukee planning area from adverse future development. It is also in tended 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.
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EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map described in
Section 169.02 of this chapter and have not been included as a part of this Code of Ordinances but
have been specifically saved from repeal and are in full force and effect.
ORDINANCE NO. DATE ADOPTED ORDINANCE NO. DATE ADOPTED
2709 February 27, 2012 2811 May 16, 2016
2711 July 2, 2012 2812 May 16, 2016
2712 July 2, 2012 2814 June 6, 2016
2713 July 16, 2012 2815 June 6, 2016
2719 October 15, 2012 2816 June 20, 2016
2720 December 3, 2012 2820 September 6, 2016
2726 April 15, 2013 2821 September 6, 2016
2727 April 15, 2013 2825 October 3, 2016
2729 May 6, 2013 2827 November 7, 2016
2730 May 6, 2013 2828 November 7, 2016
2731 May 6, 2013 2829 November 7, 2016
2732 June 3, 2013 2834 February 6, 2017
2737 August 5, 2013 2836 February 21, 2017
2738 August 19, 2013 2840 April 17, 2017
2739 September 16, 2013 2842 May 1, 2017
2748 October 21, 2013 2847 June 19, 2017
2750 November 4, 2013 2850 July 10, 2017
2760 April 7, 2014 2851 July 10, 2017
2765 July 21, 2014 2852 July 17, 2017
2770 August 4, 2014 2854 August 7, 2017
2771 August 4, 2014 2858 September 25, 2017
2772 August 18, 2014 2868 November 20, 2017
2774 November 17, 2014 2869 November 20, 2017
2780 May 4, 2015 2871 December 18, 2017
2781 May 4, 2015 2872 December 18, 2017
2782 May 4, 2015 2873 January 2, 2018
2783 June 1, 2015 2874 January 2, 2018
2786 July 6, 2015 2878 March 19, 2018
2788 August 3, 2015 2879 March 19, 2018
2789 September 8, 2015 2880 March 19, 2018
2790 September 8, 2015 2881 April 2, 2018
2791 November 2, 2015 2888 May 7, 2018
2793 December 21, 2015 2892 July 2, 2018
2798 January 4, 2016 2893 July 2, 2018
2799 January 4, 2016
2805 April 18, 2016
2806 April 18, 2016
2807 April 18, 2016
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