HomeMy WebLinkAbout2017-05-30-D02 Fireworks Zoning Regulations Ordinance - PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 30, 2017
AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 301, Zoning
Ordinance, City of Waukee, Iowa, by amending provisions of the Zoning
Ordinance regarding fireworks sales-related uses
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: The State of Iowa recently signed into law new
legislation on the sale and use of fireworks within the State of Iowa. The new law takes effect
June 1, 2017. Currently, the City’s zoning ordinance does not include provisions for the sale of
fireworks within the community. The City Council has directed staff to review the existing
Zoning Ordinance and provide a recommendation for the proper land uses and zoning for the sale
of fireworks.
Staff has been in discussions with other communities within the metro area regarding proposed
zoning ordinance changes to permit the sale of fireworks. The proposed changes to the Waukee
Zoning Ordinance include provisions for the sale of fireworks within the City of Waukee within
the Industrial Zoning Districts of M-1 and M-1A. Staff has also proposed modifications to the
parking ordinance to provide specific parking requirements related to fireworks sales activities.
The proposed ordinance would restrict for the sale of fireworks within commercially zoned
properties. Retail stores however, would continue to be allowed to sell fireworks that are
classified as second class consumer fireworks as long as the sales space represents less than 50%
of the retail floor space. The proposed revisions are consistent with ordinance changes being
recommended in other communities.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning
Commission reviewed the proposed Ordinance on May 23, 2017 and
recommended approval:
Approval of an Ordinance to amend chapter 301-Zoning Ordinance to Include Provisions for
Fireworks Sales
Director of Development Services Brad Deets advised that, due to new legislation on the sale of
use of fireworks within the State of Iowa, the City Council has directed Staff to review the
existing Zoning Ordinance and provide a recommendation for the proper land uses and zoning for
the sale of fireworks. The new law takes effect June 1, 2017.
Mr. Deets advised that the proposed changes to the Waukee Zoning Ordinance include provision
for the sale of fireworks within the City of Waukee within the Industrial zoning Districts of M-1
and M-1A. Staff has also proposed modifications to the parking ordinance to provide specific
parking requirements related to fireworks sales activities. Retail stores however, would continue
to be allowed to sell fireworks that are classified as second class consumer fireworks as long as
the sales space represents less than 50 % of the retail floor space. The proposed revisions are
consistent with ordinance changes being recommended in other communities in the Metro Area.
Commissioner Broderick clarified that this ordinance change is specific to
permanent structures. Mr. Deets advised that was correct, there is a secondary
ordinance revision for Temporary Sales.
Commissioner Schmidt questioned if a location such as Gilcrest-Jewett would be
able to sell fireworks inside the building. Mr. Deets advised that in theory, Yes.
Commissioner Shanks questioned if there would be required life and safety
inspections. Mr. Deets advised that both the Building and Fire Codes have
restrictions and requirements for fireworks sales in a permanent structure.
Commissioner Broderick clarified that a Morton building would not be allowed.
Mr. Deets advised that was correct and all permanent structures for the use of
Fireworks sales would have to go through the permitting process and be found to
meet code before being allowed to sell.
Commissioner Stonebrook clarified that the codes that were adopted were similar
among all City Entities and wouldn’t have confusion in their enforcement. Mr.
Deets advised that was correct.
Commissioner Schmidt moved to approve an ordinance to Amend Chapter 301- Zoning
Ordinance to Include Provisions for Fireworks Sales. The motion was seconded by commissioner
Hoifeldt. Ayes: Stonebrook, Streit, Broderick, Hoifeldt, Shanks, and Schmidt. Nays: None.
Motion Carries.
STAFF REVIEW AND COMMENT: Staff believes the location of fireworks sales within the
M-1 and M-1A zoning districts are an appropriate district for such use.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Des Moines Register
DATE OF PUBLICATION: 5/18/17
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ORDINANCE NO. ____
AN ORDINANCE TO AMEND CHAPTER 301, ZONING ORDINANCE,
WAUKEE MUNICIPAL CODE, BY AMENDING PROVISIONS OF THE
ZONING ORDINANCE REGARDING FIREWORKS SALES RELATED USES
Section 1. Internal References. All references to section numbers in this
ordinance shall be to sections contained within Chapter 301, Zoning Ordinance, unless
otherwise specified.
Section 2. Amendment – 301.3 Definitions. In Chapter 301.3 Definitions, the
following words and terms shall be added:
Consumer Fireworks means First-Class consumer fireworks and Second-Class
consumer fireworks as set forth under Iowa Coe Chapter 100.
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 fifty percent (50%) of the retail floor space is devoted to the sale or
display of Second-Class consumer fireworks shall not be considered a consumer
fireworks sales use.
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.
Section 3. Amendment – 301.22 “M-1” Light Industrial District. In Chapter
301.22A entitled Principal Permitted Uses, is hereby deleted and the following inserted in
lieu thereof:
A. Principal Permitted Uses. Only the uses of structures or land listed in
this section shall be permitted in the "M-1" District, provided, however,
that 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 Section 301.26. 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.
1. Greenhouses
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2. Mini Warehouses, Self Storage
3. Any of the following commercial, retail or services uses:
a. Animal hospital
b. Bakeries or bakery outlets
c. Bicycle shops, sales and repairs
d. Bowling alley
e. Clubs, lodges and churches
f. Collection office for public utility
g. Dance studios, gymnastics, martial arts and other similar facilities
h. Furniture store
i. Hardware store
j. Paint/wallpaper store
k. Funeral homes and mortuaries
l. Household appliances – sales and repair
m. Launderettes and dry cleaning establishments
n. Meat market for storage
o. Plumbing, heating and air conditioning shops
p. Printing shops
q. Wholesale display and sales room
r. Car wash
s. Commercial swimming pools, skating rinks, golf driving ranges,
miniature golf courses, drive-in theatres and similar recreational
uses and facilities
t. Garage for general motor vehicle repair
u. Recreational vehicle parks
4. Assembly of small electrical appliances, 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.
5. Commercial trade schools.
6. Compounding and packaging of drugs, pharmaceuticals, cosmetics,
perfumes and toiletries.
7. Consumer fireworks sales.
8. 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.
9. Manufacturing, assembling, compounding, processing, packaging, or other
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comparable treatment of the following:
a. Bakery goods, candy and food products.
b. Cameras and other photographic equipment.
c. Electric and neon signs, outdoor advertising signs.
d. Musical instruments, toys, novelties, and rubber and metal hand
stamps.
e. Pottery and other ceramic products using only previously
pulverized clay, and kilns fired only by electricity or gas.
f. 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.
g. Small precision instruments, such as barometers, clocks, watches
and compasses.
10. Printing, lithographing or film processing plants.
11. Radio and television broadcasting stations and studios, but not including
antennas or towers.
12. Warehouses for storage of merchandise or material in connection with the
uses permitted in this district only.
13. Heliports.
14. 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
Section 4. Amendment – 301.22 “M-1A” Limited Industrial District. In
Chapter 301.23B entitled Uses Permitted, is hereby deleted and the following inserted in
lieu thereof:
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B. Uses Permitted. Only the use of structures of land listed in this section
shall be permitted in the "M-1A" District.
1. Any use permitted in M-1 Districts.
2. Adult entertainment businesses.
3. Bag, carpet and rug cleaning.
4. Bakeries.
5. Welding or other metal working shops.
6. Carting, express, hauling or storage yards; contractors equipment
and materials storage yards.
7. Creamery, bottling works, ice cream manufacturing (wholesale),
ice manufacturing and cold storage plant.
8. Display fireworks sales.
9. Enameling, lacquering or japanning.
10. Laboratories; research, experimental and testing.
11. Lumber yards and building material sales yards.
12. Machine shops.
13. Manufacture of musical instruments and novelties.
14. Manufacture or assembly of electrical appliances, instruments and
devices.
15. Manufacture of pottery or other similar ceramic products, using
only previously pulverized clay and kilns fired only by electricity
or gas.
16. Manufacture and repair of electric signs, advertising structures,
sheet metal products, including heating and ventilating equipment.
17. Milk distribution station.
18. Manufacture of wood products not involving chemical treatment.
19. The manufacturing, compounding, processing, packaging or
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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.
20. The 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.
21. Printing plant.
22. Storage and sale of livestock feed, providing dust is effectively
controlled.
23. Flammable liquids storage not to exceed 40,000 gallons, provided
it is located at least 200 feet from any "R" District.
24. Wholesale storage and warehouse establishments.
25. Monument Sales Yards
Section 5. Amendment-301.27 Parking and Loading Areas. In Chapter 301.27J
entitled Off-Street Parking Spaces Required, is hereby amended to add the following
minimum parking space requirements:
Type of Structure Minimum Number of Spaces Required
Consumer Fireworks Sales 10 spaces per 1,000 sq. ft. of GFA
Display Fireworks Sales 1 space per 1,000 sq.ft. of GFA or 1 space
per 2 employees, whichever is greater
Section 6. Repealer. All ordinances or parts or ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 7. Severability Clause. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision, or part thereof not adjudged
invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the Council this 30th day of May, 2017, and approved this 30th day of May, 2017.
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William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk