HomeMy WebLinkAbout2021-06-30-169_Zoning Regulations, District RegulationsCHAPTER 169
ZONING REGULATIONS
DISTRICT REGULATIONS
169.01 Districts Established 169.17 C-2 Downtown Village District
169.02 Official Zoning Map 169.18 C-4 Office Park Commercial District
169.03 Rules for Interpretation of District Boundaries 169.19 K-MF-Row House Kettlestone Multi-Family Row
169.04 Application of District Regulations House District
169.05 A-1 Agricultural District 169.20 K-MF-Stacked Med Kettlestone Multi-Family
169.06 AR Single-Family Acreage District Stacked Medium District
169.07 R-1 Single-Family Residential District 169.21 K-MF-Stacked High Kettlestone Multi-Family
169.08 R-2 One- and Two-Family Residential District Stacked High District
169.09 R-3 Rental Multi-Family Residential District 169.22 K-MU Kettlestone Mixed Use District
169.10 R-3A Owner-Occupied Multi-Family Residential 169.23 K-RN Kettlestone Retail Neighborhood District
District 169.24 K-RC Kettlestone Retail Community District
169.11 R-4 Row Dwelling and Townhome Dwelling District 169.25 K-RR Kettlestone Retail Regional District
169.12 R-5 Planned Unit Development District 169.26 K-OF Kettlestone Office District
169.13 R-6 Mobile Home Residential District 169.27 M-1 Light Industrial District
169.14 C-1 Community and Highway Service 169.28 M-1A Limited Industrial District
Commercial District 169.29 M-2 Heavy Industrial District
169.15 C-1A Neighborhood Commercial District 169.30 PD Planned Development District
169.16 C-1B Large Scale Commercial District 169.31 COS Conservation and Open Space District
169.01 DISTRICTS ESTABLISHED. For the purpose of these zoning regulations, the
following classes of districts are hereby established within the City, as shown on the official
zoning map, which, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of these zoning regulations:
A-1 Agricultural District
AR Single-Family Acreage District
R-1 Single-Family Residential District
R-2 One- and Two-Family Residential District
R-3 Rental Multi-Family Residential District
R-3A Owner-Occupied Multi-Family Residential District
R-4 Row Dwelling and Townhome Dwelling District
R-5 Planned Unit Development District
R-6 Mobile Home Residential District
C-1 Community and Highway Service Commercial District
C-1A Neighborhood Commercial District
C-1B Large Scale Commercial District
C-2 Downtown Village District
C-4 Office Park Commercial District
K-MF-Row House Kettlestone Multi-Family Row House
K-MF-Stacked Med Kettlestone Multi-Family Stacked Medium
K-MF-Stacked High Kettlestone Multi-Family Stacked High
K-MU Kettlestone Mixed-Use
K-RN Kettlestone Retail Neighborhood
K-RC Kettlestone Retail Community
K-RR Kettlestone Retail Regional
K-OF Kettlestone Retail Office
M-1 Light Industrial District
M-1A Limited Industrial District
M-2 Heavy Industrial District
COS Conservation and Open Space District
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PD-1 Planned Development District (Overlay)
169.02 OFFICIAL ZONING MAP.
1.The Official Zoning Map is identified by the signature of the Mayor, attested
by the City Clerk, under the following words: “This is to certify that this is the
Official Zoning Map referred to in Chapter 169 of the Code of Ordinances of the
City.” If, in accordance with the provisions of this chapter and Chapter 414, Code of
Iowa, changes are made in district boundaries or other matter portrayed in the Official
Zoning Map, copies of such changes shall be filed with the Official Zoning Map
promptly after the amendment has been approved by the City Council.
2.Regardless of the existence of purported copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning Map, together
with amending ordinances, shall be the final authority as to the current zoning status
of land and water areas, buildings, and other structures in the City. (See EDITOR’S
NOTE at the end of this chapter for ordinances amending the zoning map.)
3.In the event that the Official Zoning Map becomes damaged, destroyed, lost,
or difficult to interpret because of use, the City Council may by resolution adopt a
new Official Zoning Map which shall supersede the prior Official Zoning Map. The
new Official Zoning Map may correct drafting or other errors or omissions in the prior
Official Zoning Map, but no such correction shall have the effect of amending the
original zoning ordinance or any subsequent amendment thereof. The new Official
Zoning Map shall be identified by the signature of the Mayor attested by the City
Clerk, under the following words: “This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map adopted (date of adoption of map
being replaced) by the City of Waukee, Iowa.”
169.03 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. In cases
where the exact location of a district boundary is not clear as shown on the official zoning
map, the following rules shall be used in determining the location of said district boundary:
1.Boundaries indicated as approximately following the centerlines of streets,
highways, or alleys shall be construed to follow such centerlines.
2.Boundaries indicated as approximately following platted lines shall be
construed as following such lot lines.
3.Boundaries indicated as approximately following corporate limits shall be
construed as following corporate limits.
4.Boundaries indicated as approximately following section lines, quarter section
lines, or quarter quarter section lines shall be construed as following such lines.
5.Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks.
6.Boundaries indicated as following shorelines shall be construed to follow
such shorelines, and in the event of change in the shoreline shall be construed as
moving with the actual shoreline; boundaries indicated as approximately following the
centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed
to follow such centerlines.
7.Boundaries indicated as parallel to or extensions of features indicated in
subsections 1 through 6 of this section shall be so construed. Distances not
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specifically indicated on the official zoning map shall be determined by the scale of
the map.
8.Where physical or cultural features existing on the ground are at variance with
those shown on the official zoning map, or in other circumstances not covered by
subsections 1 through 6 of this section, the Board of Adjustment shall interpret the
district boundaries.
169.04 APPLICATION OF DISTRICT REGULATIONS. The regulations set forth by
these zoning regulations within each district shall be minimum regulations and shall apply
uniformly to each class or kind or structure or land, and particularly, except as hereinafter
provided.
1.Compliance with District Regulations. No building, structure, or land shall
hereafter be used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, or structurally altered unless in
conformity with all of the regulations herein specified for the district in which it is
located.
2.Compliance with Certain Specifications. No building or other structure shall
hereafter be erected or altered:
A.To have a greater height;
B.To accommodate or house a greater number of families;
C.To occupy a greater percentage of lot area; or
D.To have narrower or smaller rear yards, front yards, side yards, or
other open spaces
than herein required; or in any other manner contrary to the provisions of these zoning
regulations.
3.Yards and Open Spaces.
A.No part of a yard, or other open space, or off-street parking or loading
space required about or in connection with any building for the purpose of
complying with these zoning regulations shall be included as part of a yard,
open space, or off-street parking or loading space similarly required for any
other building.
B.No yard or lot existing at the time of the effective date hereof shall be
reduced in dimension or area below the minimum requirements set forth
herein. Yards or lots created after the effective date hereof shall meet at least
the minimum requirements established by these zoning regulations.
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169.05 A-1 AGRICULTURAL DISTRICT. The A-1 District is intended to retain land
suited for eventual development of urban uses in a productive agricultural use until the
community can feasibly extend its urban services and thus grow in an orderly manner.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the A-1 District.
A.Agricultural and usual agricultural buildings and structures; but not
including commercial livestock feed lots, poultry farms, grain storage, and
drying facilities. No farm animals, including and not limited to horses, cattle,
sheep, swine, or fowl shall be kept within the city limits of the City of
Waukee, except in the A-1 District on tracts of one (1) or more acres and
except Urban Chickens as permitted within R-1 and R-2 Districts subject to
requirements as specified in Section 165.19.
November 18, 2019 – Ordinance 2943
B.Bed and breakfast.
C.Cemeteries, including mausoleums.
D.Churches, chapels, temples and similar places of worship.
E.Electrical and liquefied product transmission and regulating facilities.
F.Kennels for the raising, breeding, and boarding of dogs or other small
animals; provided, all buildings, including exercise runways, be at least 200
feet from all property lines, and at least 500 feet from an R District boundary.
G.Municipal facilities utilized by the City for services provided to the
community.
H.Nurseries, greenhouses, truck gardens.
I.Private noncommercial recreation areas and centers including country
clubs, swimming pools, golf courses and riding stables.
J.Public and parochial schools, elementary and secondary, and other
educational institutions having an established current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools, nursery schools, and childcare centers.
K.Public water supply and sewage treatment facilities.
L.Publicly owned parks, playgrounds, golf courses and recreation areas.
M.Single-family dwellings.
2.Accessory Uses. The following accessory uses are permitted in the A-1
District:
A.Uses of land or structures customarily incidental and subordinate to
one of the permitted principal uses, unless otherwise excluded.
B.Home occupations, as permitted in and as limited by Section 165.11
of these zoning regulations.
C.Parabolic or dish-type antennas larger than 18 inches in diameter shall
be placed in the rear yard and must be a minimum of 10 feet from all property
lines and shall not be larger than 8 feet in diameter if of opaque construction
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or 10 feet in diameter if of wire or mesh construction. All such parabolic or
dish-type antennas shall be mounted at ground level. The erection and
construction of a parabolic or dish-type antenna shall require obtaining a
building permit from the administrative official prior to the commencement of
any work.
D.Private garage or carport.
E.Roadside stands for the sale of seasonal products grown on the
premises; provided, no permanent structures shall be erected or maintained.
F.Solar collectors mounted on the ground in the rear yard or attached to
the principal building facing the front, side or rear yard at a height no greater
than the peak of the roof of the principal structure. The mounting of solar
collectors shall be in accordance with the requirements of the Building Code.
If required, solar access easements may be obtained from adjoining property
owners in accordance with State statutes.
G.Temporary buildings, including mobile homes or recreational
vehicles, for uses incidental to construction work, which buildings 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.Perimeter Foundation Requirement. A permanent perimeter foundation
meeting the Waukee Building Code standards shall be required for all principal
buildings.
5.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations, for all permitted uses.
6.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
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169.06 AR SINGLE-FAMILY ACREAGE DISTRICT. The AR Single-Family Acreage
District is established to provide for large-lot residential development in agricultural areas.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the AR District.
A.Bed and breakfast.
B.Cemeteries, including mausoleums.
C.Churches, chapels, temples and similar places of worship.
D.Municipal facilities utilized by the City for services provided to the
community.
E.Private noncommercial recreation areas and centers including country
clubs, swimming pools, golf courses and riding stables.
F.Public and parochial schools, elementary and secondary, and other
educational institutions having an established current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools, nursery schools, and childcare centers.
G.Publicly owned parks, playgrounds, golf courses and recreation areas.
H.Single-family dwellings.
2.Accessory Uses. The accessory uses permitted in and as limited in the A-1
District are permitted in the AR District.
3.Bulk Regulations.
Lot Area 2 acres (for single-family dwelling);
No minimum required for other permitted uses
Lot Width 120 feet
Minimum Front Yard Depth 50 feet for single-family dwelling;
35 feet for other principal permitted uses
Minimum Rear Yard Depth 50 feet for single-family dwelling;
35 feet for other principal permitted uses
Minimum Side Yard Depth
50 feet total side yard, minimum 20 feet on one side
for single-family dwelling;
35 feet on each side for other principal permitted uses
Maximum Height 3 stories or 40 feet - principal building;
1 story or 14 feet - accessory building
Minimum Floor Area
1,050 square feet for dwellings; if a building is two or
more stories, first floor shall be a minimum of 800
square feet; if a building is a split level, each level
shall be a minimum of 400 square feet; if a building is
a split foyer, the square footage shall be a minimum of
1,050 square feet per story.
4.
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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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169.07 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. The R-1 District is
established to provide for single-family residential uses and areas where similar residential
development seems likely to occur.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-1 District:
A.Churches, chapels, temples, and similar places of worship.
B.Elder group homes as permitted by and as limited by Section 231B.4
of the Code of Iowa.
C.Family homes as permitted by and as limited by Section 414.22 of the
Code of Iowa.
D.Golf courses, country clubs, club houses, tennis courts, and similar
recreational uses; provided, any such use not be operated primarily for
commercial gain.
E.Municipal facilities utilized by the City for services provided to the
community.
F.Museums, libraries, parks and playgrounds, community center, and
similar uses operated by the City.
G.Public and parochial schools, elementary and secondary, and other
educational institutions having established current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools.
H.Single-family dwellings.
2.Permitted Accessory Uses.
A.Clubhouses within a residential subdivision where ownership is
maintained under a homeowners association. Clubhouses shall be constructed
of materials similar to the principal structures within the development and
shall meet all setback requirements as specified later in this title.
B.Home occupations as permitted in and as limited by Section 165.11 of
these zoning regulations.
C.Parabolic or dish-type antennas larger than 18 inches in diameter shall
be placed in the rear yard and must be a minimum of 10 feet from all property
lines and shall not be larger than 8 feet in diameter if of opaque construction
or 10 feet in diameter if of wire or mesh construction. All such parabolic or
dish-type antennas shall be mounted at ground level. The erection and
construction of a parabolic or dish-type antenna shall require obtaining a
building permit from the administrative official prior to the commencement of
any work.
D.Private garage or carport.
E.Private plant nurseries and greenhouses, not to exceed 240 square feet
and not involving retail or wholesale sales.
F.Private swimming pools, when enclosed with a non-climbable fence
at least 48 inches in height, or any enclosure designed for wading or
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swimming, which shall be deemed to be a swimming pool if it is capable of
holding 18 inches’ depth of water.
G.Solar collectors mounted on the ground in the rear yard or attached to
the principal building facing the front, side, or rear yard at a height no greater
than the peak of the roof of the principal structure. The mounting of solar
collectors shall be in accordance with the requirements of the Building Code.
If required, solar access easements may be obtained from adjoining property
owners in accordance with State statutes.
H.Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
I.Use of a dwelling structure within a new subdivision as a job office
and real estate office for the subject subdivision, which use shall terminate
upon completion or abandonment of the project.
J.Use of a temporary building, within a newly platted subdivision with
a minimum final plat size of 10 acres, as a real estate office subject to
approval of a temporary site plan. A temporary building permitted to exist
shall be subject to the following minimum standards and requirements:
(1) Temporary building shall be designed to be compatible with a
residential neighborhood, including (but not limited to) the use of
pitched roof elements and exterior building materials customarily
used in residential development, which may include stone, brick,
vinyl, or wood lap siding. Skirting shall be provided around the base
of the temporary building to match the exterior building materials
provided on the building structure. Metal skirting shall not be
considered an acceptable material for purposes of meeting the
requirements of this section.
(2) Temporary building shall meet all building setback
requirements of the applicable zoning district.
(3) On-site parking areas constructed for use by visitors to the
temporary building shall be constructed of asphalt or concrete but
shall not be required to provide concrete curb and gutter.
(4) A minimum of 20 percent open space shall be provided on
the site. A minimum of one tree and six shrubs shall be provided per
every 1,500 square feet of required open space.
(5) Temporary building shall not be permitted to be constructed
within any planned development overlay district that has an
underlying commercial zoning classification.
(6) Temporary building shall meet all minimum requirements of
the Building Code as adopted by the City.
(7) Any proposed signage shall be subject to the requirements of
Chapter 168 of these zoning regulations.
(8) The use of the site for a temporary building shall be allowed
for one year. Prior to expiration of the temporary site plan, the
applicant shall be allowed to request approval of a one-year extension
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of the temporary site plan, but in no event should the extension be
granted if the granting of the same would no longer be consistent with
the surrounding built environment, Chapters 160 through 163 of this
Code of Ordinances (Site Plan Requirements), and the provisions of
this section.
(9) A cash deposit or surety bond shall be provided in a form
approved by the administrative official in an amount sufficient to
guarantee to the City the removal of the temporary building and
restoration of the site within 60 days after the temporary building site
plan has expired. If, after 60 days, no action has been taken to restore
the site or premises, the City may take action to restore the site by
utilizing the bond or monies deposited or other methods at its
disposal.
K.Uses of land or structures customarily incidental and subordinate to
one of the permitted principal uses, unless otherwise excluded.
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area
10,000 square feet for each dwelling plus its
accessory building
20,000 square feet where no public sewer facilities
are available
Lot Width
80 feet; or 100 feet where no public sewer facilities
are available
Corner lots shall be 10 feet wider
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other principal permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not
less than 7 feet;
15 feet for any other principal permitted uses.
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
Floor Area
1,050 square feet for single-story dwelling
If two or more stories, 1,400 square feet with a
minimum first floor square footage of 700 square
feet
If a split level, each level shall be a minimum of 400
square feet
If a split foyer, 1,050 square feet per story
1.Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
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Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
4.
5.Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
6.Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
7.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
8.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
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169.08 R-2 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT. The R-2 District
is established to provide for single-family and two-family residential uses and areas where
similar residential development seems likely to occur.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-2 District:
A.Any use permitted in and as limited in the R-1 District.
B.Two-family dwellings.
C.Alterations and conversions of single-family dwellings into two-
family dwellings in accordance with the lot area, frontage, and yard
requirements set forth in this section.
D.Nursing, convalescent, and retirement homes.
2.Permitted Accessory Uses. The accessory uses permitted in and as limited in
the R-1 District are permitted in the R-2 District.
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area
8,000 square feet for each single-family dwelling;
10,000 square feet for each two-family dwelling.
20,000 square feet for each single-family dwelling or
40,000 square feet for each two-family dwelling
where public sewer facilities are not available
Lot Width
65 feet for single-family dwelling; 80 feet for two-
family dwelling; corner lots shall be 10 feet wider
100 feet where public sewer is not available
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other principal permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not less
than 7 feet;
15 feet for any other principal permitted use.
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
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Floor Area
950 square feet for single-story single-family
dwelling; 750 square feet per unit for single-story
two-family
If two or more stories, 1,250 square feet for single-
family with a minimum of 600 square feet on first
floor and 1,050 square feet for two-family with a
minimum of 500 square feet on first floor.
If a split level, each level shall be a minimum of 350
square feet
If a split foyer, 950 square feet per story
2.Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
4.
5.Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
6.Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
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7.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
8.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
9.Side-By-Side Two-Family Dwellings.
A.Lot Division Procedure. Where a side-by-side, two-family dwelling
is legally constructed, and the plat in which such dwelling is located is
properly recorded, provided the dwelling has met zoning regulations at the
time it was constructed, inspected, and certificate of occupancy issued, the lot
may thereafter be divided to provide individual ownership of the two-family
dwelling units by the following procedure:
(1) A plat showing the as-built location of the two-family
dwelling structure on the lot shall be filed with the City.
(2) The plat of survey shall provide a reference to this section
and indicate the purpose for which the plat is prepared.
(3) The plat shall locate the new ownership division line along
the common wall of the structure, and provide individual legal
descriptions for each new parcel.
(4) If the proposed division is approved by the Council,
following review by the County Auditor and County Recorder, a deed
may be recorded thereafter affecting the lot division, and each lot may
be in separate ownership.
(5) A copy of the recorded deeds and plat of survey shall be filed
with the City.
B.Requirements For Each Unit. The following requirements would
have to be met by each unit of the side-by-side two-family dwelling divided
as herein provided:
(1) Lots shall comply with the bulk regulation requirements of
this section, with the following exceptions, including (but not limited
to) lot area, widths, rear and side yard setbacks:
a. Lot Area: 5,000 square feet for each unit of a two-
family dwelling; where public sewer facilities are not
available, not less than 20,000 square feet for each unit of a
two-family dwelling.
b. Lot Width: 40 feet for each unit of a two-family
dwelling; where public sewer is not available, 50 feet.
c. Rear Yard Setback: In the case of a corner lot where
the duplex has been constructed with the front facade facing
the secondary front yard, the minimum rear yard setback shall
be eight feet.
d. Side Yard Setback: Internal side yard setback, zero
feet.
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(2) Buildings whose ownership is divided are required to be and
remain of the same exterior finish, including siding, roofing,
windows, paint color (or vinyl), garage doors; and colors would be
kept the same, including the building roof which would be replaced
all at one time when required, and of the same color and pattern.
(3) Exterior storage buildings of like structure and construction
of the original edifice will be allowed with a maximum size of 12 feet
by 12 feet, painted and finished the same as original, on a permanent
slab or foundation.
(4) Rear yard fencing in compliance with this Code of
Ordinances is permitted.
(5) Water and sewer services shall be entirely separate. Common
electrical and gas lines may serve all units, but each unit shall be
separately metered.
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169.09 R-3 MULTI-FAMILY RESIDENTIAL DISTRICT. The R-3 District is
established to provide for rental multiple-family residential uses (apartments).
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-3 District:
A.Uses permitted in the R-4 District.
B.Multiple-family dwellings intended for rental occupancy
(apartments),.
C.Boarding and rooming houses.
D.Nursing, convalescent and retirement homes.
2.Permitted Accessory Uses. The following accessory uses are permitted in the
R-3 District:
A.Accessory uses as permitted in the R-1 District.
B.Storage garages, where the lot is occupied by multiple dwellings.
C.In R-3 residential zones, developed as a senior care, congregate care
facility, condominium, or apartment complex, an accessory management
office, retail convenience or service shop may ber permitted, provided that
such complex be self-governed or under similar control and contains more
than 30 permanent dwelling units provided that:
(1)Such shops are located on the first floor or lower level and
there is no entrance to such place of business except from the inside
of the building or internal courtyard.
(2)Display of any stock, goods, or advertising is so arranged that
it cannot be viewed from outside of the building.
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Density 18 dwelling units per acre
Lot Width 75 feet
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other principal permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not
less than 7 feet1,2;
15 feet for any other principal building.
Maximum Height 3 stories or 45 feet for principal building
1 story or 14 feet for accessory building
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Floor Area
750 square feet per unit except for efficiency units
and one-bedroom apartments, which shall be 600
square feet
More Than One Dwelling
Unit on Lot
Where more than one principal building is
constructed on a lot such principal buildings shall be
separated by not less than 40 feet and the front, rear,
and side yards shall be determined considering all
principal buildings as one unit.
3.Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
4.
5.Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
6.Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
7.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
8.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
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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.
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169.10 R-3A OWNER-OCCUPIED MULTI-FAMILY RESIDENTIAL DISTRICT.
The R-3A District is established to provide for owner-occupied multiple-family residential
uses (condominium dwellings).
1.After the effective date of this Ordinance, no property within the City of
Waukee shall be zoned or rezoned to the R-3A Owner-Occupied Multi-Family
Residential District. Existing land zoned R-3A shall abide by the following
regulations:
2.Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-3A District:
A.Uses permitted in the R-2 District.
B.Multiple-family dwellings intended for owner occupancy
(condominiums), exclusive of row dwellings and townhomes, consisting of
not more than 24 dwelling units in one building.
3.Permitted Accessory Uses. The following accessory uses are permitted in the
R-3A District:
A.Accessory uses as permitted in the R-1 District.
B.Storage garages, where the lot is occupied by multiple dwellings.
4.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area 10,000 square feet
Lot Area Per Dwelling Unit 2,500 square feet per unit
Lot Width 75 feet
Front Yard
30 feet
When fronting on the right-of-way of a major
thoroughfare shown on the Official Major Street
Plan, the front yard shall be measured from the
proposed right-of-way line
Rear Yard 30 feet for dwelling;
40 feet for other permitted uses
Side Yard
A total of 15 feet; one side may be reduced to not
less than 7 feet;
15 feet for any other principal building.
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
Floor Area
750 square feet per unit except for efficiency units
and one-bedroom apartments, which shall be 600
square feet
More Than One Dwelling
Unit on Lot
Where more than one principal building is
constructed on a lot such principal buildings shall be
separated by not less than 40 feet and the front, rear,
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and side yards shall be determined considering all
principal buildings as one unit.
4.Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
5.
6.Minimum Width. The minimum dimension of the main body of the principal
building shall not be less than 24 feet.
7.Perimeter Foundation Requirement. A permanent perimeter foundation
meeting Waukee Building Code standards is required for all principal buildings.
8.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168, for all permitted
uses.
9.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
10.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structures or buildings, except
ornamental structures included as part of the landscaping theme.
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169.11 R-4 ROW DWELLING AND TOWNHOME DWELLING DISTRICT. The
R-4 District is established to provide for row dwelling and townhome dwelling uses and areas.
5.Principal Permitted Uses. Only the uses of structures or land listed in this
section are permitted in the R-4 District:
A.Row dwellings or townhomes consisting of not more than 12
dwelling units in one building or attached structure either horizontally or
vertically. Row dwellings may also be single units provided a homeowner’s
association is responsible for property maintenance.;.
B.Churches, chapels, temples, and similar places of worship.
C.Elder group homes as permitted by and as limited by Section 231B.4
of the Code of Iowa.
D.Family homes as permitted by and as limited by Section 414.22 of the
Code of Iowa.
E.Family homes as permitted by and as limited by Section 414.22 of the
Code of Iowa.
F.Golf courses, country clubs, club houses, tennis courts, and similar
recreational uses; provided any such use shall not be operated primarily for
commercial gain.
G.Municipal facilities utilized by the City for services provided to the
community.
H.Museums, libraries, parks, and playgrounds, community center, and
similar uses operated by the City.
I.Public and parochial schools, elementary and secondary, and other
educational institutions having extablished current curriculum the same as
ordinarily given in the Waukee public school system, but excluding boarding
schools.
6.Permitted Accessory Uses. The accessory uses permitted in and as limited in
the R-1 District are permitted in the R-4 District:
7.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Density 3,500 square feet per unit
Lot Width 20 feet per unit; 75 feet overall
Front Yard 30 feet
Rear Yard 30 feet for dwelling;
40 feet for other permitted uses
Side Yard
A total of 12 feet for single unit townhomes
A total of 15 feet; one side may be reduced to not less
than 7 feet; 15 feet for any other principal building
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For the purpose of determining side yard requirements
in row dwellings, the entire row dwelling structure
shall be considered to be one building
Maximum Height 3 stories or 40 feet for principal building
1 story or 14 feet for accessory building
Floor Area 800 square feet per unit
8.Dwelling Occupant Load: The maximum permitted occupant load within a
dwelling unit in any residential district shall not exceed the following:
Room Type Room Area Maximum Occupant Load
Bedroom room At least 70 sq. ft. but less
than 120 s. f.t
1 per room
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose room At least 70 sq. ft. 1 per room, not more than
2 per dwelling unit
For the purposes of this section, a “bedroom” is defined as a space primarily designed
and intended for use as a sleeping room which shall include all of the following
characteristics:
A. A room with a minimum floor area of 70 square feet of area is
capable of being secured by a door.
B. A room with an enclosed closet space of a minimum floor area of six
square feet.
C. A room with the provisions for emergency escape and natural light in
accordance with the adopted version of the international residential code or
international building code as applicable for the dwelling type.
D. For the purposes of this section, a multipurpose room may include a
living room, den, study, or other similar room that by design or layout is not primarily
intended to be used as a bedroom, but that is otherwise habitable and provides
accommodations for sleeping such as a bed, daybed, couch, futon or other similar
multipurpose sleeping furniture.
9.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations for all permitted uses.
10.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
11.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structures or buildings, except
ornamental structures included as part of the landscaping theme.
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169.12 R-5 PLANNED UNIT DEVELOPMENT DISTRICT.
1.After the effective date of this Ordinance, no property within the City of
Waukee shall be zoned or rezoned to the R-5 Planned Unit Development District.
Existing land zoned R-5 shall abide by the following regulations:
2.Statement of Intent. The R-5 District is intended and designed to provide a
means for the development of large tracts of ground on a unit basis, allowing greater
flexibility and diversification of land uses and building locations than the conventional
single lot method provided in other chapters of these zoning regulations in AR, R-1,
R-2, R-3, and R-4 districts. It is the intent of this section that the basic principles of
good land use planning, including an orderly and graded relationship between various
types of uses, be maintained and that the sound zoning standards as set forth in these
zoning regulations and statutes concerning population density, adequate light and air,
recreation and open space, and building coverage be preserved.
3.General Procedure.
A.The owner or owners of any tract of land comprising an area of not
less than five acres may submit to the Council a petition requesting a change
to the R-5 zoning district classification. The petition shall be accompanied by
a plan for the use and development of the entire tract of land. The
development plan shall be referred to the Planning and Zoning Commission
for study and report. The Commission shall review the conformity of the
proposed development with the standards of the comprehensive plan, and with
recognized principles of architectural design, land use planning, and
landscape architecture.
B.The Commission may approve the plan as submitted or, before
approval, may require that the applicant modify, alter, adjust, or amend the
plan as the Commission deems necessary to the end that it preserves the intent
and purpose of these zoning regulations to promote public health, safety,
morals, and the general welfare. The development plan as approved by the
Commission shall then be reported to the Council, whereupon the Council
may approve or disapprove said plan as reported or may require such changes
thereto as it deems necessary to effectuate the intent and purposes of these
zoning regulations.
C.If the Council approves the preliminary plan and request for rezoning,
the applicant shall submit to the Commission, within 270 days or such longer
period as may be approved by the Council, a final development plan, in
triplicate, of not less than one stage of the proposed development showing in
detail the location of all proposed:
(1) Buildings and uses, the height and exterior design of typical
dwellings and the number of dwelling units in each;
(2) Parking areas;
(3) Access drives;
(4) Streets abutting or within the proposed development;
(5) Walks;
(6) All proposed walls and fences;
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(7) Landscaping and plant material;
(8) Required peripheral yards;
(9) Common land, recreation areas and parks;
(10) Existing and proposed utilities and public easements;
(11) Proposed signs and their area and dimensions;
(12) Storm and sanitary sewer lines;
(13) Water mains; and
(14) Development stages and timing.
4.Accompanying Documents. The final development plan shall be
accompanied by the following required documents:
A.Bylaws of Homeowners’ Association. If the proposed development
includes common land that will not be dedicated to the City, and the proposed
development will not be held in single ownership, proposed bylaws of a
homeowners’ association fully defining the functions, responsibilities, and
operating procedures of the association shall be included. The proposed
bylaws shall include, but not be limited to, provisions:
(1) Automatically extending membership in the association to all
owners of dwelling units within the development;
(2) Limiting the uses of the common property to those permitted
by the final development;
(3) Granting to each owner of a dwelling unit within the
development the right to the use and enjoyment of the common
property;
(4) Placing the responsibility for operation and maintenance of
the common property in the association;
(5) Giving every owner of a dwelling unit voting rights in the
association; and
(6) If the development will combine rental and for sale dwelling
units, stating the relationship between the renters and the
homeowners’ association and the rights renters shall have to the use
of the common land.
B.Bond. Performance bond, which shall ensure to the City that the
dedicated public streets, utilities, and other common development facilities
shall be completed by the developer within the time specified in the final
development plan.
C.Covenants. Covenant to run with the land, in favor of the City and all
persons having a proprietary interest in any portion of the development
premises, that the owner of the land or successors in interest will maintain all
interior streets, parking areas, sidewalks, common land, parks and plantings
that have not been dedicated to the City in compliance with this Code of
Ordinances.
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D.Additional Agreements. Any additional agreements required by the
Council at the time of preliminary plat approval.
E.Final Plat. A final plat shall be submitted with each stage of the final
development plan. The plat shall show building lines, lots and/or blocks,
common land, streets, easements, and other applicable items required by the
subdivision regulations. Following approval of the final plat by the
Commission and Council, the plat shall be recorded with the County Auditor
and County Recorder.
5.Review of Documents. The final development plan and required documents
shall be reviewed by the Commission, for compliance with the R-5 standards and
substantial compliance with the preliminary plan. The Commission’s
recommendations and report on the final development plan shall be referred to the
Council for final approval. The final development plan and final plat shall be
approved by the Council before any building permit is issued.
6.Land Uses and Bulk Regulations. Permitted principal and accessory land
uses, lot area, yard, and height requirements shall be as set out below, which shall
prevail over conflicting requirements of this section or the subdivision regulations:
A.Use of Buildings. Buildings shall be used only for residential
purposes; occupant garages, occupant storage and similar accessory uses;
noncommercial recreational facilities; and community activities, including
churches and schools.
B.Lot, Yard and Open Space Requirements. The minimum lot and yard
requirements of the zoning districts in which the development is located shall
not apply, except that minimum yards specified in the district shall be
provided around the boundaries of the development. The Council may
require open space or screenings to be located along all or a portion of the
development boundaries. The height requirements of the zoning district in
which the development is located shall apply within 125 feet of the
development boundary.
C.Streets and Public Utilities. All public streets, water mains, sanitary
sewer and storm sewer facilities shall comply with appropriate ordinances and
specifications of the City.
D.Common Land. “Common land,” as used in this section, refers to
land retained in private ownership for the use of the residents of the
development, or to land dedicated to the general public. Any land gained
within the development because of the reduction in lot sizes, below minimum
zoning ordinance requirements, shall be placed in common land to be
dedicated to the City or retained in private ownership to be managed by a
homeowners’ association.
E.Off-Street Parking and Loading. The requirements of Chapter 169 of
these zoning regulations relating to off-street parking and loading shall apply
to all R-5 Districts.
F.Density Requirements. The final development plan shall comply with
the density requirements of these zoning regulations.
7.Number of Dwelling Units Permitted. The maximum number of dwelling
units permitted in an R-5 District shall be determined by dividing the net development
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area by the minimum lot area per dwelling unit required by the zoning district or
districts in which the area is located, then multiplied by 115 percent. (In the R-2
District, the one-family dwelling requirement shall apply.) Net development area
shall be determined by subtracting the area set aside actually proposed for streets from
the gross development area. The area of land set aside for common land, open space,
or recreation shall be included in determining the number of dwelling units permitted.
The maximum number of multiple dwelling units permitted in the R-5 development
shall be determined by the zoning district in which the development is located, as
follows:
Zoning
District
Percentage of Total Dwelling Units
Permitted as Multiples
AR 10
R-1 25
R-2 50
R-3 100
R-4 100
If the development area contains two or more different zoning classifications, the
number of dwelling units permitted shall be determined in the direct proportion to the
area of each zoning classification contained in the entire tract.
8.Conditions for Plan Approval. The Council may make the approval of the
development plan contingent upon the completion of construction and improvements
within a reasonable period of time; provided, however, in the determination of such
period, the Council shall consider the scope and magnitude of the development project
and any schedule of construction and improvements submitted by the developer.
Failure to complete all construction and improvements within said period of time shall
be deemed sufficient cause for the Council to rezone the unimproved property to the
classification effective at the time of original submission of the development plan,
unless an extension as recommended by the Commission and approved by the Council
for due cause shown. Any proposed change in the development plan after approval by
the Council shall be resubmitted and considered in the same manner as the original
proposal. The term “unimproved property” means all property situated within a stage
or stages of the final development plan upon which the installation of improvements
has not been commenced.
9.Installation of Improvements. In no event shall the installation of any
improvements be commenced in the second or subsequent stages of the final
development plan until such time as 90 percent of infrastructure improvements
including streets and utilities have been completed in any prior stage of such plan.
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169.13 R-6 MOBILE HOME RESIDENTIAL DISTRICT. The R-6 District is intended
and designed to provide for certain medium-density residential areas of the City which, by
reason of their design and location, are suitable for mobile home development and which are
compatible with surrounding residential areas.
1.Principal Permitted Uses. Mobile home parks are permitted, in accordance
with regulations of the State of Iowa and minimum requirements contained herein, but
not including mobile home sales and display areas. No part of any park shall be used
for nonresidential purposes except such uses that are required for the direct servicing
and well-being of park residents and for the management and maintenance of the park.
This shall in no way prohibit the sale by a resident owner of a mobile home located on
a mobile home stand and connected to the pertinent utilities.
2.Accessory Uses. Accessory uses may include garbage and storage buildings
and common facility service buildings that provide laundry facilities, accessory
supplies, vending machines, etc.; also park management buildings, maintenance
buildings, community buildings, and other uses of a similar nature. Common facility
service buildings shall be located within the central mobile home park area, and shall
be restricted to the use of the park occupants.
3.Height Regulations. No mobile home shall exceed 20 feet in height, except
that radio communication towers constructed in compliance with Chapter 151 of this
Code of Ordinances may not exceed 45 feet in height. Accessory buildings shall not
exceed a height of 14 feet.
4.Plan Submittal. Each petition for a change to the R-6 zoning classification
shall be accompanied by a mobile home park plan. Said plan shall show each mobile
home space, the water, electrical, and sewer lines servicing each mobile home space,
the location of garbage receptacles, water hydrants, service buildings, driveways,
walkways, recreation areas, required yards, existing and proposed grading, parking
facilities, lighting, landscaping, and the location of existing trees, buildings, or other
significant features. The required plan shall be considered by the Commission and
Council, who may approve or disapprove said plan or require such changes thereto, as
are deemed necessary.
5.Rental Space Area, Frontage and Yard Requirements.
A.Park Area; Density. The area proposed for a mobile home park shall
have a minimum of 10 acres. The maximum density allowed for the gross
development area shall be seven mobile home units per gross acre.
B.Perimeter Yard Requirements. All mobile home park perimeter yard
requirements shall be not less than 30 feet.
C.Streets. No part of any mobile home space shall be closer to any
public street upon which the park adjoins than 75 feet; however, interior park
streets may be located within the setback area.
D.Individual Mobile Home Lots:
(1) The individual mobile home lot shall contain not less than
4,275 square feet and shall measure at least 45 feet by 95 feet.
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(2) Each lot shall have a front yard not less than 15 feet in depth
measured from the edge of the surfaced private street to the mobile
home.
(3) Side yards shall be provided and maintained so as to provide
a minimum separation between mobile homes of at least 10 feet; and
a minimum separation of at least 6 feet shall be maintained between
mobile homes and any other buildings or structures on the same or
adjoining lots.
(4) Rear yard separations shall be maintained so as to provide
separation of mobile homes of at least 16 feet; provided, the homes
are placed no closer than 8 feet to the rear lot line as identified by the
posts marking the electrical lines.
(5) Measurements to the mobile homes shall be taken from the
closest point between the paved portion of the street and/or the closest
point of the mobile homes at ground level; provided, no overhang
extension shall extend out from the mobile home by more than two
feet.
(6) Setbacks of neighboring mobile homes shall not differ by
more than one or two feet.
E.Recreational Areas. A minimum of 250 square feet for each lot shall
be provided for one or more recreational areas that are easily accessible to all
park residents. The required recreational area shall be computed in addition
to the minimum lot area specified herein.
6.Streets and Parking:
A.Width. The entrance road connecting the mobile home park streets
with a public street shall have a minimum road pavement width of 31 feet,
measured back to back of curbs. All interior streets shall be not less than 20
feet in width measured back to back of curbs. Where parking is permitted
alongside of interior streets, an additional 6 feet for parallel parking and
additional 16 feet for diagonal parking shall be provided on each side of the
street.
B.Construction; Parking Spaces Required. All streets shall be
constructed in accordance with appropriate ordinances and specifications of
the City. Two off-street parking spaces shall be provided on each lot.
7.Anchorage and Skirting.
A.Tie Downs or Anchors. Tie downs or anchors shall be provided on
every mobile home stand. Each tie down or anchor must be able to sustain a
minimum tensile strength as required by the State Building Code.
B.Skirting. Skirting of a permanent type material and construction shall
be installed within 90 days to enclose the open space between the bottom of a
mobile home floor and the grade level of the mobile home stand. The skirting
shall be maintained in an attractive manner consistent with the exterior of the
mobile home and to preserve the appearance of the mobile home park.
8.Utilities. Sewer and water facilities shall be provided for each mobile home
park space in accordance with the requirements of the Iowa State Department of
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Health. All mobile home developments must be connected to the municipal water
system. All electrical and telephone lines shall be placed underground.
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169.14 C-1 COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT.
The C-1 District is designed to provide space for the general retail and professional office
uses, and efficient development of major retail shopping areas. The uses permitted are also
intended to accommodate both the general retail consumer and the needs and services of the
automobile traveling consumer.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-1 District.
A.Uses permitted in the C-1A District.
B.Hospitals.
C.Retail business or service establishments such as the following:
Animal hospital
Bowling alleys
Brew pub
Clubs and lodges
Collection office of public utility
Drinking establishments
Furniture stores
Funeral homes and mortuaries
Grocery stores including supermarkets
Household appliances - sales and repair
Music recording studios
New and used car sales and service
Plumbing, heating and air conditioning shops
Small batch distillery
Wholesale display and sales room
D.Service, business or recreational uses such as the following:
Automobile, trailer, motorcycle, boat, farm implement and lawn and garden
establishments for display, hire, rental and sales (including sales lots)
[This paragraph shall not be construed to permit automobile, tractor, or
machinery wrecking and rebuilding and used parts yards.]
Car wash
Commercial entertainment/recreational facilities such as: commercial
swimming pools, skating rinks, golf driving ranges, miniature golf
courses, drive-in theaters and similar recreational uses and facilities
Automotive vehicle service and repair
Liquor and beverage stores
Hotels
Interior Self Storage
March 15, 2021 – Ordinance 2987
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
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DISTRICT REGULATIONS
Lot Width no minimum
Minimum Front Yard 30 feet
Minimum Rear Yard 30 feet
Minimum Side Yard No minimum, except when adjacent to any R District,
the minimum side yard setback shall be 30 feet.
Maximum Height
No 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.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
5.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
6.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structures or buildings; except
ornamental structures included as part of the landscaping theme.
[The next page is 1373]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.15 C-1A NEIGHBORHOOD COMMERCIAL DISTRICT. The C-1A District is
designed to provide space for the development of ground that routinely assists the daily needs
of the local traveling public whil promoting scale and harmony with adjacent residential land
uses.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-1A District.
A.Medical clinics, group medical centers, or the office of a doctor,
dentist, osteopath, or similar profession.
B.Business and professional offices including but not limited to the
following: law, engineering, real estate, insurance, and similar uses.
C.Personal service businesses such as beauty and barber shops, shoe
repair and similar uses.
D.Churches, chapels, temples and similar places of worship.
E.Municipal facilities utilized by the City for services provided to the
community.
F.Retail business or service establishments such as the following:
Antique shops
Apparel shops
Art galleries
Baby and children stores
Bakeries or bakery outlets
Bicycle shops, sales and repairs
Book stores
Camera stores
Child care centers and nursery schools
Clothes cleaning and laundry pickup stations
Confectionery stores, including ice cream or snack bars
Convenience store
Delicatessens
Dance studios
Drug stores
Florist shops
Home furnishing, décor and accessory storess
Hardware stores
Hobby and gift shops
Jewelry stores and watch repair shops
Key shops
Launderettes and dry-cleaning establishments,
Meat market for retail sales only
Leather goods store
Music and video stores
Novelty food and drink shops
Paint and wallpaper stores
Photographic studios
Postal substations
Radio and television sales and repair shops
Restaurants, cafes
Retail printing/copy shops
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
Sporting goods stores
Tailor and dressmaking shops
Toy stores
Variety stores
G.Wellness or recreational uses such as the following:
Instructional fitness or recreational studio
Health club
Travel and tourist information centers
2.Permitted Accessory Uses.
A.Accessory uses and structures customarily incidental to any principal
permitted use.
B.Storage of merchandise incidental to the principal use.
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area no minimum
Lot Width no minimum
Minimum Front Yard 30 feet
Minimum Rear Yard 30 feet
Minimum Side Yard No minimum, except when adjacent to any R District,
the minimum side yard setback shall be 30 feet.
Maximum Height
2 stories or 40 feet for principal building
1 story or 14 feet for accessory building
4.Building Area. No single building within the C-1A District shall exceed
50,000 square feet. No configuration of buildings shall be allowed which is intended
or planned to circumvent this requirement.
5.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
6.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
7.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped 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:
2.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-1B District.
A.Uses permitted in the C-1A and C-1 District.
3.Permitted Accessory Uses.
A.Accessory uses and structures customarily incidental to any principal
permitted use.
B.Storage of merchandise incidental to the principal use.
4.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area no minimum
Lot Width no minimum
Front Yard
50 feet; when fronting on the right-of-way of a major
thoroughfare shown on the Official Major Street Plan,
the front yard shall be measured from the proposed
right-of-way line.
Rear Yard 50 feet
Side Yards No minimum shall apply except where the side yard is
adjacent to an R District, in which case the side yard
shall be at least 40 feet.
Maximum Height 50 feet; except that radio communication towers,
constructed in compliance with Chapter 151 of this
Code of Ordinances, may not exceed 45 feet in height.
Maximum Number of
Stories 3 stories
5.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
6.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
7.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structures, or buildings, except
ornamental structures included as part of the landscaping theme.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
[The next page is 1385]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.17 C-2 DOWNTOWN VILLAGE DISTRICT. The C-2 District is intended to
accommodate a variety of retail stores, services, offices, and mixed-density residential uses
and related activities conducive to the environment desired in the Downtown Village District.
The C-2 Downtown Village District zoning designation is reserved for those properties
located within the adopted Downtown District Boundary Map of the Downtown Design
Guidelines.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-2 District.
A.Any commercial use such as the following, provided that said
commercial use is located within a conforming district established in the
adopted Downtown Design Guidelines:
(1) Uses permitted in the C-1A District.
(4) Retail business or service establishments such as the
following:
Brew Pubs
Drinking establishments
Small batch distillery
(5) Service, business or recreational uses such as the following:
Automobile service and accessory stores
Bowling alley
Food catering services
Theatres, movie or performance
B.Dwelling units, provided that the residential dwelling is within the
Residential Transition District identified within the adopted Downtown
Design Guidelines or in a mixed-use building as specified herein.
C.Mixed-use buildings, – provided that residential uses are within the
upper floors of a building with a commercial or office use located in the
ground floor of said building. Ground floor dwelling units may be
considered, provided that the ground floor dwelling unit does not comprise
more than 1/3 of the total building’s street frontage and the unit receives a
unanimous approval from the City Council as a part of an overall site plan
proposal.
2.Permitted Accessory Uses.
A.Accessory uses and structures customarily incidental to any principal
permitted use.
B.Storage of merchandise incidental to a commercial principal use.
C.Private garage or carport.
D.Home occupations as permitted in and as limited by Section 165.11.
E.Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area no minimum
Lot Width no minimum
Minimum Front Yard
10 feet for commercial or mixed-use properties;
30 feet for properties adjacent to Hickman Road (US
Highway 6)
Minimum Rear Yard
None for commercial uses, except for principal
permitted uses adjacent to residential properties not
within the C-2 Downtown Village District, which
shall provide a minimum of 25 feet
Minimum Side Yard
No minimum, except for principal permitted uses
adjacent to residential properties not within the C-2
Downtown Village District, which shall provide a
minimum of 10 feet.
A minimum of 15 total feet, 7-foot minimum on one
side, for any residential use.
Maximum Height
40 feet for commercial or residential only buildings,
except that radio communication towers constructed
in compliance with Chapter 151 of this Code of
Ordinances may not exceed 45 feet in height, or 60
feet for mixed-use buildings.
Maximum Number of
Stories 3 stories for commercial or residential only buildings;
4 stories for mixed-use buildings.
4.Off-Street Parking and Loading. No off-street parking or loading is required
for commercial uses. The minimum off-street parking for dwelling units shall be
provided at a rate of one space per unit.
5.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances and the adopted Downtown Design Guidelines.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
[The next page is 1395]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.18 C-4 OFFICE PARK COMMERCIAL DISTRICT. The C-4 District is intended
and designed to provide certain areas of the City for the development of professional and
business offices.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the C-4 District.
A.Business and professional offices such as the following: law,
engineering, architecture, real estate, insurance, accounting, bookkeeping,
finance, banking, stock brokerage and uses of a like or similar nature.
B.The office of a doctor, dentist, osteopath, chiropractor, optometrist,
chiropodist, or similar profession.
C.Clinics or group medical centers, including dental clinics, but not
including animal clinics or hospitals.
D.Hospitals and skilled recovery centers,
E.Hotels and conference centers
F.Restaurants (not including drive-through restaurants)
G.Office buildings serving the management, research, design,
marketing, and production needs of the general business community.
2.Permitted Accessory Uses.
A.Accessory uses and structures customarily incidental to any principal
permitted use.
B.The following low-intensity commercial service uses, intended
primarily to serve the occupants and patrons of the C-4 District, shall be
permitted within a building housing a use permitted under items A through E
above: bookstores, camera stores, snack shops, drug stores, gift shops,
drinking establishments, travel agencies, office supply stores, child care
facilities, fitness centers, hair salon, and uses of a similar nature.
3.Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area no minimum
Lot Width no minimum
Minimum Front Yard 40 feet
Minimum Rear Yard 30 feet
Minimum Side Yard No minimum, except when adjoining any R District or
street right-of-way, the minimum side yard setback
shall be 30 feet.
Maximum Height
No maximum except when adjacent to R-1, R-2 or R-
4 District, 2 stories or 40 feet.
1 story or 14 feet accessory building
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
4.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
5.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
6.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 25 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structure, or buildings, except
ornamental structures included as part of the landscaping theme.
[The next page is 1401]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.19 K-MF-ROW HOUSE KETTLESTONE MULTI-FAMILY ROW HOUSE
DISTRICT. The K-MF-Row House District is intended and designed to provide certain areas
of the Kettlestone development with medium density residential units in a row house or
townhome setting. Units may be located on individual lots or on a common association lot
under a condominium regime. Row houses should be two to three stories in height, placed
close to the street and include front porches. Garages should be encouraged to be rear loaded.
The K-MF-Row House zoning designation is reserved for those properties located within the
adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines document
identifying areas for residential, commercial, office, and mixed uses.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the K-MF-Row House District.
A.Row dwellings or townhomes consisting of no fewer than three
dwelling units and no more than eight dwelling units in one building or
attached structure.
2.Permitted Accessory Uses.
A.Private garage or carport.
B.Accessory uses and structures customarily incidental to any principal
permitted use.
C.Home occupations as permitted in and as limited by Section 165.11.
D.Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19.
Lot Area No minimum requirement
Lot Width No minimum requirement
Front Yard
15 feet maximum when fronting on a public right-of-
way or private street frontage.
20 feet minimum for accessory structures
Side Yards
5 feet for both principal and accessory structures.
For the purpose of determining side yard requirements
in row dwellings, the entire row dwelling structure
shall be considered one building
Rear Yard 30 feet
Accessory Building
Separation
30 feet between principal building and accessory
building
Minimum Height Principal building – 2 stories
Maximum Height Principal building – 3 stories
Accessory building – 1 story
Maximum Density 12 dwelling units per acre
Minimum Floor Area 800 square feet per unit
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
4.Off-Street Parking and Loading. A minimum of two parking spaces per unit
is required. One parking space per unit shall be enclosed.
5.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structure, or buildings, except
ornamental structures included as part of the landscaping theme.
6.Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the
adopted Kettlestone Design Guidelines.
[The next page is 1407]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.20 K-MF-STACKED MED KETTLESTONE MULTI-FAMILY STACKED
MEDIUM DISTRICT. The K-MF-Stacked Med District is intended and designed to provide
certain areas of the Kettlestone development with medium density residential units in a row
house or condominium type setting. Units may be located on 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
population area. The K-RC zoning designation is reserved for those properties located within
the adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines
document identifying areas for residential, commercial, office and mixed uses.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the K-RC District.
A.Retail businesses and service establishments, contained within single-
or multi-tenant building that is no larger than 50,000 square feet of total gross
floor area, such as:
(1) Retail sales stores including drug stores, bakeries, and
grocery stores (outdoor storage is prohibited but limited outdoor
display may be permitted as part of the site plan approval process).
(2) Personal service businesses such as hair and beauty salons,
dry-cleaners and launderettes, shoe and watch repair shops.
(3) Restaurants and Coffee Shops: dine-in, carry-out and drive-
through. Outdoor seating areas may be permitted as part of the site
plan approval process.
(4) Bars, cocktail lounges, taverns, or saloons. Outdoor seating
areas may be permitted as part of the site plan approval process.
(5) Convenience stores, gas stations, car washes, automobile
repair and service businesses, excluding body repair and painting.
(6) Places of assembly such as churches, other places of worship,
public and private schools, civic uses, and fraternal lodges.
(7) Child care centers and nursery schools.
(8) Commercial swimming pools, skating rinks, golf driving
ranges, miniature golf courses, drive-in theaters, and similar
recreational uses and facilities.
(9) Animal hospitals and veterinaries.
(10) Hotels and motels.
B.Office uses such as:
(1) Medical clinics, group medical centers, or the office of a
doctor, dentist, osteopath, or similar profession.
(2) Business and professional offices including the following:
law, engineering, real estate, insurance, banks, financial services, and
similar uses.
2.Permitted Accessory Uses.
A.Private garage or carport.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
B.Accessory uses and structures customarily incidental to any principal
permitted use.
C.Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
3.Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19.
Lot Area No minimum requirement
Lot Width No minimum requirement
Front Yard No minimum for principal permitted uses.
20 feet minimum for accessory structures
Side Yards
No minimum for principal permitted uses unless
adjacent to adjoining single-family, in which case the
minimum setback shall be 50 feet.
5 feet for accessory structures.
Rear Yard
No minimum for principal permitted uses unless
adjacent to adjoining single-family, in which case the
minimum setback shall be 50 feet.
5 feet for accessory structures.
Principal Building
Separation 25 feet
Accessory Building
Separation
25 feet between principal building and accessory
building
Maximum Height Principal building – 4 stories
Accessory building – 1 story
Floor Area Ratio 0.35
4.Off-Street Parking and Loading. One space per 250 square feet of retail and
office uses. Spaces for all other uses shall be provided in accordance with the
provisions of Chapter 168 of these zoning regulations.
5.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structure, or buildings, except
ornamental structures included as part of the landscaping theme.
6.Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the
adopted Kettlestone Design Guidelines.
[The next page is 1435]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.25 K-RR KETTLESTONE RETAIL REGIONAL DISTRICT. The K-RR District
is intended and designed to provide certain areas of the Kettlestone development with retail
areas intended to be large scale, including large box retailers, 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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DISTRICT REGULATIONS
C.Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
3.Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19.
Lot Area No minimum requirement
Lot Width No minimum requirement
Front Yard No minimum for principal permitted uses.
20 feet minimum for accessory structures
Side Yards
No minimum for principal permitted uses unless
adjacent to adjoining single-family, in which case the
minimum setback shall be 50 feet.
5 feet for accessory structures.
Rear Yard
No minimum for principal permitted uses unless
adjacent to adjoining single-family, in which case the
minimum setback shall be 50 feet.
5 feet for accessory structures.
Principal Building
Separation 25 feet
Accessory Building
Separation
25 feet between principal building and accessory
building
Maximum Height Principal building – 8 stories
Accessory building – 1 story
Floor Area Ratio 0.35
4.Off-Street Parking and Loading. One space per 250 square feet of retail and
office uses. Spaces for all other uses shall be provided in accordance with the
provisions of Chapter 168 of these zoning regulations.
5.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 20 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structure, or buildings, except
ornamental structures included as part of the landscaping theme.
6.Site Plan Requirements. See Chapter 160 of this Code of Ordinances and the
adopted Kettlestone Design Guidelines.
[The next page is 1443]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.26 K-OF KETTLESTONE OFFICE DISTRICT. The K-OF District is intended and
designed to provide certain areas of the Kettlestone development with professional office uses
consisting of single or multi-tenant buildings that are one or more stories tall. Sites should be
well landscaped and buildings should have a high level of exterior finish to promote a
professional image. The K-OF zoning designation is reserved for those properties located
within the adopted Kettlestone District Boundary Map of the Kettlestone Design Guidelines
document identifying areas for residential, commercial, office and mixed uses.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the K-OF District.
A.Office uses such as:
(1) Business and professional offices including the following:
law, engineering, real estate, insurance, accounting, bookkeeping,
finance, banking (including retail banks with drive-throughs), stock
brokerage and uses of a like or similar nature.
(2) The office of a doctor, dentist, osteopath, chiropractor,
optometrist, chiropodist, or similar profession.
(3) Clinics or group medical centers, including dental clinics, but
not including animal clinics or animal hospitals.
(4) Hospitals, libraries, funeral homes and mortuaries.
(5) Office buildings serving the management, research, design,
marketing and production needs of the general business community.
B.The low-intensity commercial service uses, intended primarily to
serve the occupants and patrons of the Kettlestone Office District, shall be
permitted within a building housing a use permitted above:
(1) Office supply stores.
(2) Computer and electronic equipment sales and service stores.
(3) Drug stores.
(4) Gift shops.
(5) Restaurants and coffee shops (not including drive-through
restaurants and coffee shops).
(6) Travel agencies.
C.Places of assembly such as churches, other places of worship, public
and private schools, civic uses and fraternal lodges.
2.Permitted Accessory Uses.
A.Private garage or carport.
B.Accessory uses and structures customarily incidental to any principal
permitted use.
C.Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
3.Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19.
Lot Area No minimum requirement
Lot Width No minimum requirement
Front Yard No minimum for principal permitted uses.
20 feet minimum for accessory structures
Side Yards
No minimum for principal permitted uses unless
adjacent to adjoining single-family, in which case the
minimum setback shall be 50 feet.
5 feet for accessory structures.
Rear Yard
No minimum for principal permitted uses unless
adjacent to adjoining single-family, in which case the
minimum setback shall be 50 feet.
5 feet for accessory structures.
Principal Building
Separation 25 feet
Accessory Building
Separation
25 feet between principal building 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
DISTRICT REGULATIONS
169.27 M-1 LIGHT INDUSTRIAL DISTRICT. The M-1 District is intended and
designed to provide for increased flexibility in the location of certain manufacturing,
distribution, technology, and industrial uses while maintaining protection for nearby
residential districts. It allows selected industries of a non-nuisance character to locate in areas
within reasonable proximity of residential uses. The M-1 District is characterized by large
lots, with landscaped grounds and ample provisions for off-street parking and loading spaces,
and structures generally one or two stories in height.
1.Principal Permitted Uses. Only the uses of structures or land listed in this
section shall be permitted in the M-1 District; provided, however, all manufacturing,
assembling, compounding, processing, packaging, or other comparable treatment,
including storage of any and all materials and equipment, shall take place within
completely enclosed buildings, except for parked motor vehicles and off-street
parking and loading, as required by Chapter 168 of this Code of Ordinances. No
dwelling or dwelling unit is permitted except those for employees having duties in
connection with any premises requiring them to live on said premises, including
families of such employees when living with them. In addition, all open areas not
used for off-street parking or loading shall be planted with grass, shrubs and trees,
properly maintained, and kept free from refuse and debris.
A.Greenhouses.
B.Mini warehouses, self storage.
C.Any of the following commercial, retail or services uses:
Animal hospital
Bakeries or bakery outlets
Bicycle shops, sales and repairs
Bowling alley
Car wash
Clubs, lodges and churches
Collection office for public utility
Commercial entertainment such as: swimming pools, skating rinks, golf
driving ranges, miniature golf courses, movie theatres and similar
recreational uses and facilities
Dance studios, gymnastics, martial arts and other similar facilities
Funeral homes and mortuaries
Furniture store
Garage for general motor vehicle repair or auto body repair
Hardware store
Paint/wallpaper store
Funeral homes and mortuaries
Household appliances – sales and repair
Launderettes and dry cleaning establishments
Meat market
Plumbing, heating and air conditioning shops
Printing shops
Truck stops
Wholesale display and sales room
Recreational vehicle parks
D.Assembly of small electrical appliances, instruments and devices.
E.Commercial trade schools.
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DISTRICT REGULATIONS
F.Compounding and packaging of drugs, pharmaceuticals, cosmetics,
perfumes and toiletries.
G.Consumer fireworks sales.
H.Indoor shooting facilities.
I.Research and technology businesses such as laboratories, data
centers, call centers, and information technology support and supply which
may require a combination of office and flex space to accommodate storage,
warehousing, or testing.
J.Manufacturing, assembling, compounding, processing, packaging, or
other comparable treatment of the following:
Bakery goods, candy and food products.
Cameras and other photographic equipment.
Electric and neon signs, outdoor advertising signs.
Musical instruments, toys, novelties, and rubber and metal hand stamps.
Pottery and other ceramic products using only previously pulverized clay,
and kilns fired only by electricity or gas.
Products from the following previously prepared materials: bone, canvas,
cellophane, cloth, rope, cord, twine, feathers, felt, fiber, fur, glass,
hair, horn, leather, paper, cardboard, plastics, natural and synthetic
rubber, precious or semi-precious metals or stones, shells, textiles,
tobacco, wax, wood, yarns, light metal mesh, pipe, rods, strips or
wire.
Small precision instruments, such as barometers, clocks, watches and
compasses.
K.Printing, lithographing or film processing plants.
L.Radio and television broadcasting stations and studios, but not
including antennas or towers.
M.Warehouses for storage of merchandise or material in connection with
the uses permitted in this district only.
N.Heliports.
O.A light metal fabrication facility – fabrication of metal using modern
technology, such as lasers and computer numerically controlled equipment,
and in which there is no heavy type of processing such as punch presses,
stamping, shearing, casting, forging, or iron workers. Within 30 feet of the
structure containing such facility, noise shall not, at any time, exceed 65
decibels.
2.Permitted Accessory Uses.
A.Accessory uses of land or structures customarily incidental and
subordinate to any of the above principal uses.
B.Dwellings for watchman or caretaker.
C.Employee cafeteria or other food concession in conjunction with
permitted uses.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
3.Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 165.19.
Front Yard 30 feet;
Side Yard
None required except when adjacent to an R or C-1
District or street right-of-way line, a side yard of 40
feet shall be required.
Rear Yard 30 feet, unless the rear lot line adjoins a railroad right-
of-way, in which case, none required.
Maximum Height
40 feet, except that radio communication towers
constructed in compliance with Chapter 151 of this
Code of Ordinances may not exceed 45 feet in height.
Maximum Number of
Stories 3 stories
4.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
5.Site and Building Design Standards Requirements. Buildings should be
designed according to Chapter 160 of this Code of Ordinances and provide
architectural interest indicative of the varying uses internal to the building as
illustrated in the adopted Architectural Design Example Book.
6.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 15 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structures or buildings, except
ornamental structures included as part of the landscaping theme.
CHAPTER 169 ZONING REGULATIONS
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[The next page is 1457]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.28 M-1A LIMITED INDUSTRIAL DISTRICT. The M-1A District is intended and
designed to provide areas of the City suitable for activities and uses of a medium industrial
nature.
1.Principal Permitted Uses. Only the use of structures or land listed in this
section shall be permitted in the M-1A District.
A.Any use permitted in M-1 Districts.
B.Adult entertainment businesses.
C.Bag, carpet and rug cleaning.
D.Bakeries.
E.Welding or other metal working shops.
F.Carting, express, hauling or storage yards; contractors equipment and
materials storage yards.
G.Creamery, bottling works, ice cream manufacturing (wholesale), ice
manufacturing and cold storage plant.
H.Distribution centers
I.Enameling, lacquering or japanning.
J.Laboratories – research, experimental and testing.
K.Lumber yards and building material sales yards.
L.Machine shops.
M.Manufacture of musical instruments and novelties.
N.Manufacture or assembly of electrical appliances, instruments and
devices.
O.Manufacture of pottery or other similar ceramic products, using only
previously pulverized clay and kilns fired only by electricity or gas.
P.Manufacture and repair of electric signs, advertising structures, sheet
metal products, including heating and ventilating equipment.
Q.Milk distribution station.
R.Manufacture of wood products not involving chemical treatment.
S.Manufacturing, compounding, processing, packaging or treatment of
cosmetics, pharmaceuticals and food products except; fish and meat products,
cereals, sauerkraut, vinegar, yeast, stock feed, flour and the rendering or
refining of fats and oils.
T.Manufacture, compounding, assembling or treatment of articles or
merchandise from previously prepared materials such as bone, cloth, cork,
fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood.
U.Printing plant.
V.Storage and sale of livestock feed, providing dust is effectively
controlled.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
W.Flammable liquids storage not to exceed 40,000 gallons, provided it is
located at least 200 feet from any R District.
X.Wholesale storage and warehouse establishments.
Y.Monument sales yards.
2.Permitted Accessory Uses. Accessory uses customarily incidental to a
permitted principal use, including accessory uses permitted in the M-1 District.
3.Required Conditions. No use shall be permitted to be established or
maintained which by reason of its nature or manner of operation is or may become
hazardous, noxious, or offensive owing to the emission of odor, dust, smoke, cinders,
gas, fumes, noise, vibrations, refuse matter or water-carried waste.
4.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area no minimum
Lot Width no minimum
Minimum Front Yard 40 feet
Minimum Rear Yard 35 feet
Minimum Side Yard No minimum, except when adjoining an R District or
C-1 District or street right-of-way, the minimum side
yard setback shall be 40 feet.
Maximum Height 40 feet – principal building
1 story or 14 feet accessory building
5.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
6.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
7.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 15 percent of the gross 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
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
location. The Council further finds that these regulations are necessary to protect the
health, safety and general welfare of all residents of the community.
A.Limitations. Adult entertainment businesses are subject to the
following restrictions, and no person shall cause or permit the establishment
of any adult entertainment business contrary to said restrictions:
(1) No adult entertainment business shall be open for business
between the hours of 12:00 midnight and 6:00 a.m.
(2) An adult entertainment business shall not be allowed within
500 feet of another existing adult entertainment business.
(3) An adult entertainment business shall not be located within
500 feet of any residentially zoned district.
(4) An adult entertainment business shall not be located within
1,000 feet of a preexisting school, public park, or church.
Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the main entrance of such adult entertainment
business to the point on the property line of such other business, school,
church, public park or areas zoned for residential use which is closest to the
said main entrance of such adult entertainment business.
B.Prohibited Activities of Businesses.
(1) No adult entertainment business shall employ any person
under 18 years of age.
(2) No adult entertainment business shall furnish any
merchandise or services to any person who is under 18 years of age.
(3) No adult entertainment business shall be conducted in any
manner that permits the observation of any model or any material
depicting, describing or relating to specified sexual activities or
specified anatomical areas by display, decoration, sign, show window
or other opening from any public way or from any property not
licensed as an adult use. No operator of an adult entertainment
business or any officer, associate, member, representative, agent,
owner, or employee of such business shall engage in any activity or
conduct or permit any other person to engage in any activity of
conduct in or about the premises which is prohibited by this section or
any laws of the State.
(4) No part of the interior of the adult entertainment business
shall be visible from any pedestrian sidewalk, walkway, street, or
other public or semipublic area.
(5) An adult entertainment business shall post a sign at the
entrance of the premises which shall state the nature of the business
and shall state that no one under the age of 18 years is allowed on the
premises. This section shall not be construed to prohibit the owner
from establishing an older age limitation for coming on the premises.
(6) Except as hereinafter provided, no person shall intentionally
expose those parts of his or her body hereinafter listed to another in
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
any public place, or in any place where such exposure is seen by
another person or persons located in any public place.
a. A woman’s nipple, the areola thereof, or any portion
of the female breast at or below the nipple thereof, except as
necessary in the breast feeding of a baby.
b. The pubic hair, pubes, perineum, or anus of a male or
female, the penis or scrotum of a male, or the vagina of a
female, excepting such body parts of prepubescent infants of
either sex.
C.Establishment of Business Described. Establishment of adult
entertainment business shall include the opening of such business as a new
business, the relocation of such business, or the conversion of an existing
business location to any of the uses described in Section 165.02(3) of these
zoning regulations.
D.Special Use Permit. The adult entertainment businesses may be
permitted subject to approval by the Council after public hearing. In its
determination upon the particular use at the location requested, the Council
shall consider all of the following provisions:
(1) The proposed location, design, construction, and operation of
the particular use adequately safeguards the health, safety, and
general welfare of persons residing or working in adjoining or
surrounding property.
(2) Such use shall not impair an adequate supply of light and air
to surrounding property.
(3) Such use shall not unduly increase congestion in the streets or
public danger of fire and safety.
(4) Such use shall not diminish or impair established property
values in adjoining or surrounding property.
(5) Such use shall be in accord with the intent, purpose, and spirit
of these zoning regulations and the Comprehensive Plan of the City.
E.Application Requirements. Applications for an adult entertainment
business under the terms of this section shall be accompanied by evidence
concerning the feasibility of the proposed request and its effect on
surrounding property and shall include a site plan defining the areas to be
developed for buildings and structures, the areas to be developed for parking,
the locations and driveways and the points of ingress and egress, the location
and height of walls, the location and type of landscaping, the location, size
and number of signs and the manner of providing water supply and sewage
treatment facilities.
[The next page is 1465]
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
169.29 M-2 HEAVY INDUSTRIAL DISTRICT. The M-2 District is intended and
designed to provide areas for development of property characterized by production,
manufacturing, distribution, or fabrication activities not suitable within the M-1 or M-1A
Districts.
1.Principal Permitted Uses. Only the use of structures or land listed in this
section shall be permitted in the M-2 District.
A.Uses permitted in the M-1A District, provided that no dwelling unit is
permitted except those for employees having duties in connection with any
premises requiring them to live on said premises, including families of such
employees when living with them.
B.Any other use not otherwise prohibited by law; provided, however,
the following uses shall be permitted subject to approval by the Council after
public hearing, and after report and recommendation by the Commission. The
Council shall consider all the following provisions in its determination upon
the particular use at the location requested:
(1) The proposed location, design, construction, and operation of
the particular use adequately safeguards the health, safety and general
welfare of persons residing or working in adjoining or surrounding
property.
(2) Such use shall not impair an adequate supply of light and air
to surrounding property.
(3) Such use shall not unduly increase congestion in the streets,
or public danger of fire and safety.
(4) Such use shall not diminish or impair established property
values in adjoining or surrounding property.
(5) Such use shall be in accord with the intent, purpose, and spirit
of these zoning regulations and the Comprehensive Plan of the City.
No permit will be issued in the M-2 District, other than those uses meeting the
requirements listed in M-1A, except as specifically approved by the City
Council.
2.Required Conditions.
A.The best practical means known for the disposal of refuse matter or
water-carried waste, the abatement of obnoxious or offensive odor, dust,
smoke, gas, noise, or similar nuisance shall be employed.
B.All principal buildings and all accessory buildings or structures,
including loading and unloading facilities, shall be located at least 100 feet
from any R District or C District boundary except where adjoining a railroad
right-of-way.
CHAPTER 169 ZONING REGULATIONS
DISTRICT REGULATIONS
3.Bulk Regulations. The following minimum requirements shall be observed,
subject to the modifications contained in Section 165.19 of these zoning regulations:
Lot Area no minimum
Lot Width no minimum
Minimum Front Yard 40 feet
Minimum Rear Yard 30 feet, unless the rear lot line adjoins a railroad right-
of-way, in which case, none required.
Minimum Side Yard No minimum, except when adjoining an R District,
the minimum side yard setback shall be 100 feet.
Maximum Height no limit – principal building
1 story or 14 feet accessory building
4.Off-Street Parking and Loading. Spaces for off-street parking and loading
shall be provided in accordance with the provisions of Chapter 168 of these zoning
regulations.
5.Site Plan Requirements. For site plan requirements, see Chapter 160 of this
Code of Ordinances.
6.Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than 10 percent of the gross land area included in the
building lot. Such open space shall be maintained as grassed and landscaped area and
shall not include access drives, parking areas, structures or buildings; except
ornamental structures included as part of the landscaping theme.
[The next page is 1475]
CHAPTER 169 ZONING REGULATIONS
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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.
4.PD-1 District Requirements; Application Procedure.
A.Minimum Size. The minimum size of a PD-1 District shall be three
acres.
B.Pre-Application Concept Plan. Prior to filing an application for
approval of a PD-1 District, the applicant shall meet with the administrative
official for the purpose of submitting a pre-application concept plan. This
plan shall illustrate the conceptual overall plan for the district and shall
include at a minimum the information required in Table 1, subsection 6 of this
section.
C.Review and Comment On Plan. The administrative official shall
review and comment on the proposed concept plan and shall provide the
applicant with written comments within 30 days of submission of the concept
plan.
D.Criteria for Consideration. The review of the concept plan shall
include consideration of the following criteria:
(1) Land use intensity and density.
(2) Ability to provide a positive environment for intended uses,
including schematic building configurations, arrangements, and
general landscaping and site design.
(3) Use of open space.
(4) Impact on the surrounding natural and built environment.
(5) Adequacy of on- and off-site transportation and utility
systems to serve the proposed project.
(6) Consistency with the City’s Comprehensive Plan.
E.Filing of Formal Application. Following review of the pre-
application concept plan, the applicant may proceed with filing a formal
application for approval of a PD-1 District. This plan shall illustrate the
development master plan for the district and shall include at a minimum the
information required in Table 1, subsection 6 of this section.
F.Development Agreement. A PD-1 application shall include a
development agreement establishing the development regulations for the
district unless initiated by the Commission or Council. The development
agreement shall specify the following regulations:
(1) Location and quantities of various land uses.
(2) Maximum floor area ratios and residential densities.
(3) Maximum building and impervious coverage.
(4) Front, side, and rear yard setbacks.
(5) Maximum heights of proposed structures.
(6) Design standards applicable to the project.
(7) Incorporation of graphic development plans and drawings
into the site development regulations.
G.Commission and Council Review. The Commission and Council
shall review and evaluate each PD-1 District application. The Commission
and Council may impose reasonable conditions, as deemed necessary to
ensure that a PD shall be compatible with adjacent land uses, will not
overburden public services and facilities and will not be detrimental to public
health, safety and welfare.
H.Action of Commission. The Commission, after proper notice, shall
consider and act upon each application. The Commission may recommend
amendments to PD-1 District applications. The recommendation of the
Commission shall be transmitted to the Council for final action.
I.Public Hearing by Council. The Council, after proper notice, shall
hold a public hearing and act upon any ordinance establishing a PD-1 District.
Proper notice shall mean the same notice established for any other zoning
amendment.
J.Basis for Decisions. In their respective reviews of the PD-1
application, the Commission and Council shall base decisions on findings of
fact as set forth in the criteria presented in Table 2, subsection 7 of this
section.
K.Filing of Approved Plans. Upon approval by the Council, the
development plan and agreement shall become a part of the ordinance
creating or amending the PD District. All approved plans shall be filed with
the City Clerk.
L.Issuance of Building Permits; Certificates of Occupancy. The City
shall not issue a building permit, certificate of occupancy, or other permit for
a building, structure, or use within a PD-1 District unless it is in compliance
with the approved development plan or any approved amendments.
M.Changes or Modifications To Development Plans. The administrative
official is authorized at his/her discretion to approve amendments to an
approved development plan; provided, that:
(1) A written request is filed with the administrative official,
along with information specifying the exact nature of the proposed
amendment.
(2) The amendment is consistent with the provisions of this
section.
(3) The amendment does not alter the approved site regulations
of the development plan and does not materially alter other aspects of
the plan, including traffic circulation, land uses or land use intensity,
mixture of use types, and physical design.
(4) Any amendment not conforming to these provisions shall be
submitted to the Commission and Council for action.
N.Termination of PD-1 District. If no substantial development has
taken place in a planned development district for three years following
approval of the district, the Commission shall reconsider the zoning of the
property and may, on its own motion, initiate an application for rezoning the
property.
5.Commission- or Council-Initiated PD-1 District. In some situations, the
Planning and Zoning Commission and/or City Council may initiate or approve a
rezoning of an area to a PD-1 District without submission of a detailed development
plan. This action establishes the land uses permitted in an area consistent with the
comprehensive development plan, but requires subsequent approval of specific
projects through the normal PD-1 submission or approval procedures. An application
for creation of such a PD-1 District shall include the following, prepared by the
administrative official or the applicant:
A.Statement. A statement describing the special characteristics of the
district and the reason for its creation.
B.Map. A map indicating the boundaries of the proposed district.
C.Plan. A generalized area development plan for the proposed district,
including:
(1) A land use component, identifying proposed uses and the
extent and location of each use.
(2) A transportation element, identifying any relevant vehicular,
pedestrian, or bicycle transportation improvements necessary to
ultimate development of the area.
(3) A utility service statement, identifying any necessary utility
or infrastructure improvements necessary to the ultimate development
of the area.
(4) An urban design element, if applicable, describing design
frameworks, building scale and relationships, siting, landscape
design, and other guidelines relating to the specific physical or urban
environment of the proposed district.
Table 1, Application Requirements:
Application Requirement PD-1 Concept
Plan
PD-1
Application
Location, size, legal description of site X
Existing topography at two-foot intervals X
Location and description of major site features, including
tree masses, drainageways, wetlands, soils X
Location of 100-year flood plains X
Generalized land use plan X
Proposed types and densities of development X
Generalized internal and external transportation and
circulation system, including pedestrian and bicycle
system
X
Location of driveways or access points adjacent to the
project X
General location and size of buildings or building
footprints X
Site master plan, including general envelopes of
buildings, parking, open space, and other site features X
Description and location of all use types included in the
project, including maximum floor areas devoted to
each use
X
Location and design of vehicular, bicycle, and pedestrian
circulation systems, including relationship to external
transportation system
X
Schematic location and development standards for open
space, including conceptual landscape plan X
Building design standards, including height, materials,
sections, and other information required to describe
the project
X
Location of existing and proposed utilities, sanitary
sewers, storm water facilities, and water, gas, and
electrical distribution systems
X
Proposed site development regulations, including
maximum FAR or other density regulators, building
and impervious coverage, setbacks, maximum
heights, and other design standards specific to the
project
X
Proposed public and private ownership boundaries,
including proposed private lots and common
ownership areas
X
Preliminary plat if applicable X
Final plat if applicable X
Schedule indicating proposed phasing and scheduling of
development X
Deed restrictions, covenants, agreements, association
bylaws, and other documents controlling the use of
property, type of construction, or development or
activities of future residents
If required
Application checklist on a form provided by the City X
Table 2: Review Criteria and Standards For Findings of Fact:
Criteria For Findings of Fact
Building Design:
Architectural quality Architectural design and building materials should be compatible
with surrounding areas or reflect the specific design objectives of a
new development area.
Comprehensive Plan:
Consistency with
development
objectives
Project must be consistent with the City’s Comprehensive Plan,
including applicable special area or specific plans. Project design
should be consistent with the development standards and objectives
of these plans.
Public Facilities:
Public safety Project can be adequately served with police and fire protection.
Storm drainage
Project should handle storm water adequately to prevent overloading
of public storm water management system.
Project should not inhibit development of other properties or create
adverse effects on other sites.
Development should not increase probability of erosion, flooding,
landslides, or other runoff related effects.
Project should maximize preservation and enhancement of natural
drainage features on site and should facilitate storm water storage
techniques consistent with the policies of the City.
Utility service Project is adequately served by public utilities and infrastructure.
Site Development:
Landscaping
Landscaping should be integral to the development, providing street
landscaping, breaks in uninterrupted paved areas, and buffering
where required by surrounding land uses. Project design should
preserve features of environmental importance to the greatest degree
possible. These features include mature trees and woodlands,
wetlands, steep slopes, waterways, and bodies of water.
Open space
Open spaces should contribute to the quality of the overall project
and should provide supporting amenities for residential development.
Open spaces should contribute to the design of the project and, when
appropriate, provide locations for project related activities.
Streetscape Projects should relate to surrounding public streets and contribute to
the quality of the street environment.
Transportation:
Alternative modes Project should make appropriate accommodations for access by
public transportation, bicycles, and pedestrians.
Street network and
continuity
Project should maintain the continuity of the City’s street network or
should provide opportunities for local traffic flow away from major
arterials.
Traffic capacity
Project should not reduce the existing level of traffic service on
adjacent streets. Compensating improvements should be included to
mitigate impact on street system operations.
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169.31 COS CONSERVATION AND OPEN SPACE DISTRICT. The conservation and open space
district is intended to preserve and protect the heavily wooded areas, the stream banks and flood plains of the
Waukee planning area from adverse future development. It is also intended that development of the flood plains
be restricted to minimize the danger to life and property which results from development undertaken without full
realization of such danger.
1.Principal Permitted Uses. Only the uses of structures or land listed in this section shall be
permitted in the Conservation and Open Space District.
A.Agriculture, truck gardening and nurseries, and the usual accessory buildings, but not
including livestock feed lots or poultry farms or similar uses; provided, that no permanent
dwelling units shall be erected thereon.
B.Any use erected or maintained by a public agency.
C.Dumping of approved materials for landfill purposes, subject to prior approval of the
Council and appropriate state agencies.
D.Forests and forestry preserves.
E.Public utility structures, subject to approval of the Board of Adjustment, except those
utilities and structures constructed by the City.
F.Publicly owned parks, nature areas, playgrounds, golf courses and similar
noncommercial recreational uses.
2.Permitted Accessory Uses. Accessory uses customarily incidental to a permitted principal use.
3.Bulk Regulations. The following minimum requirements shall be observed in the Conservation
and Open Space District:
Yards
Front Yard – 50 feet;
Side Yards – 50 feet;
Rear Yard – 50 feet
Maximum Height no limitation
Maximum Number of Stories no limitation
4.Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in
accordance with the provisions of Chapter 168 of these zoning regulations.
(repeal Chapter 301, replace in entirety) July 15, 2019 – Ordinance 2932