HomeMy WebLinkAbout2019-07-14-301.231
§301.23."M-1A" Limited Industrial District.
A. Statement of Intent. The "M-1A" District is intended and designed to provide
areas of the City suitable for activities and uses of a medium industrial nature. It
is not intended that any new residential development be permitted in the M-1A
District.
B. Uses Permitted. Only the use of structures of land listed in this section shall be
permitted in the "M-1A" District.
1. Any use permitted in M-1 Districts.
2. Adult entertainment businesses.
3. Bag, carpet and rug cleaning.
4. Bakeries.
5. Welding or other metal working shops.
6. Carting, express, hauling or storage yards; contractors equipment and
materials storage yards.
7. Creamery, bottling works, ice cream manufacturing (wholesale), ice
manufacturing and cold storage plant.
8. Display fireworks sales.
9. Enameling, lacquering or japanning.
10. Laboratories; research, experimental and testing.
11. Lumber yards and building material sales yards.
12. Machine shops.
13. Manufacture of musical instruments and novelties.
14. Manufacture or assembly of electrical appliances, instruments and
devices.
15. Manufacture of pottery or other similar ceramic products, using only
previously pulverized clay and kilns fired only by electricity or gas.
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16. Manufacture and repair of electric signs, advertising structures, sheet metal
products, including heating and ventilating equipment.
17. Milk distribution station.
18. Manufacture of wood products not involving chemical treatment.
19. The manufacturing, compounding, processing, packaging or treatment of
cosmetics, pharmaceuticals and food products except; fish and meat
products, cereals, sauerkraut, vinegar, yeast, stock feed, flour and the
rendering or refining of fats and oils.
20. The manufacture, compounding, assembling or treatment of articles or
merchandise from previously prepared materials such as bone, cloth, cork,
fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and
wood.
21. Printing plant.
22. Storage and sale of livestock feed, providing dust is effectively controlled.
23. Flammable liquids storage not to exceed 40,000 gallons, provided it is
located at least 200 feet from any "R" District.
24. Wholesale storage and warehouse establishments.
25. Monument Sales Yards
May 20, 2002 Ordinance 2375
February 3, 2003 Ordinance 2400
May 30, 2017 Ordinance 2846
C. Permitted Accessory Uses.
1. Accessory uses customarily incidental to a permitted principal use,
including accessory uses permitted in the M-1 District.
D. 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.
E. Adult Entertainment Businesses: It is the purpose of this Ordinance to regulate
adult entertainment businesses to limit their inherent adverse impact in the
community while at the same time permitting lawful businesses to conduct
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operations in the community. The City 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 affects will not contribute to the blighting
or downgrading of the surrounding neighborhood. The City Council further finds
that these regulations are necessary to protect the youth of this community from
the objectionable operational characteristics of such businesses by restricting their
location. The City Council further finds that these regulations are necessary to
protect the health, safety and general welfare of all residents of the community.
1. Limitations on Adult Entertainment Businesses: Adult entertainment
businesses shall be subject to the following restrictions and no person shall
cause or permit the establishment of any adult entertainment business
contrary to said restrictions:
a. No adult entertainment business shall be open for business between
the hours of twelve midnight and six a.m.
b. An adult entertainment business shall not be allowed within five
hundred (500) feet of another existing adult entertainment
business.
c. An adult entertainment business shall not be located within five
hundred (500) feet of any residentially zoned district.
d. An adult entertainment business shall not be located within one
thousand (1,000) feet of a pre-existing school, public park, or
church.
e. 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.
2. Prohibited Activities of Adult Entertainment Businesses:
a. No adult entertainment business shall employ any person under
eighteen (18) years of age.
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b. No adult entertainment business shall furnish any merchandise or
services to any person who is under eighteen (18) years of age.
c. 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 Ordinance or any laws of the State.
d. No part of the interior of the adult entertainment business shall be
visible from any pedestrian sidewalk, walkway, street, or other
public or semi-public area.
e.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 eighteen (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.
f.Except as hereinafter provided no person shall intentionally expose
those parts of his or her body hereinafter listed to another in any public
place, or in any place where such exposure is seen by another person or
persons located in any public place.
(1)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.
(2)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.
3. 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 301.3.
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4. Special Use Permit: The adult entertainment businesses may be permitted
subject to approval by the City Council after public hearing. In its
determination upon the particular use at the location requested, the
Council shall consider all of the following provisions:
a. That 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;
b. That such use shall not impair an adequate supply of light and air
to surrounding property;
c. That such use shall not unduly increase congestion in the streets or
public danger of fire and safety;
d. That such use shall not diminish or impair established property
values in adjoining or surrounding property; and
e. That such use shall be in accord with the intent, purpose and spirit
of this Ordinance and the Comprehensive Plan of the City of
Waukee.
f. 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 structure, 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.
F. Bulk Regulations. The following minimum requirements shall be observed
subject to the modifications contained in Section 301.26.
1. Front Yard: 40 feet.
2. Side Yards: None required, except when adjacent to any
"R" District, or street right-of-way line; in which
case twenty-five (25) feet.
3. Rear Yard: 35 feet.
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4. Maximum Height: 40 feet.
5. Maximum Number No limitation.
of Stories.
G. Minimum Open Space. The total land area devoted to open space and
landscaping shall not be less than fifteen (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.
October 20, 2003 – Ordinance 2443
H. Off-Street Parking and Loading. Spaces for off-street parking and loading shall
be provided in accordance with the provisions of Section 301.27.
I. Site Plan Requirements. See Chapter 304 of the Municipal Code.