HomeMy WebLinkAbout2023-04-17 Ordinance 3071_Consumer Fireworks Sales in Commercial Zoning DistrictsORDINANCE NO.3071
AN ORDINANCE TO AMEND CHAPTER 169, ZONING REGULATIONS, DISTRICT
REGULATIONS, WAUKEE, IOWA, BY ADDING CONSUMER FIREWORKS SALES
AS A PERMITTED USE TO COMMERCIAL ZONING DISTRICTS
WHEREAS, in 2022, the State of Iowa passed a law that prohibits cities from restricting
the sale of consumer fireworks in commercial and industrial zoning districts; AND,
WHEREAS, an amendment to Chapter 169, Zoning Regulations, District Regulations, of
the Waukee Municipal Code would include sales of consumer fireworks as a permitted use in the
commercial zoning districts.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration
and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use
under Section 169.15, C-IA Neighborhood Commercial District, so that Section 169.15 reads as
follows:
169.15 C-IA NEIGHBORHOOD COMMERCIAL DISTRICT.
The CAA District is designed to provide space for the development of ground that routinely
assists the daily needs of the local traveling public while 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-IA 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, decor and accessory stores
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
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
H. Consumer fireworks sales.
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 30 feet
Yard
Minimum Rear 30 feet
Yard
Minimum Side No minimum, except when adjacent to any R District, the minimum side
Yard 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-IA District shall exceed 50,000 square feet.
No configuration of buildings shall be allowed which is intended or planned to circumvent this
requirement.
2
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.
Section 2. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration
and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use
under Section 169.18, C-4 Office Park Commercial District, so that Section 169.18 reads as
follows:
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.
H. Consumer fireworks sales.
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 40 feet
Yard
Minimum Rear 30 feet
Yard
Minimum Side No minimum, except when adjoining any R District or street right -of -
Yard way, the minimum side yard setback shall be 30 feet.
Maximum No maximum except when adjacent to R-1, R-2 or R-4 District, 2 stories
Height or 40 feet.
1 story or 14 feet accessory building
4. Off -Street Parking and Loading. Spaces for off-street parking and loading shall be provided
in accordance with the provisions of Chapter 168 of these zoning regulations.
5. Site Plan Requirements. For site plan requirements, see Chapter 160 of this Code of
Ordinances.
6. Minimum Open Space. The total land area devoted to open space and landscaping shall not
be less than 25 percent of the gross land area included in the building lot. Such open space shall
be maintained as grassed and landscaped area and shall not include access drives, parking areas,
structure, or buildings, except ornamental structures included as part of the landscaping theme.
Section 3. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration
and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use
under Section 169.23, K-RN Kettlestone Retail Neighborhood District, so that Section 169.23
reads as follows:
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.
C. Consumer fireworks sales.
2. Permitted Accessory Uses.
A. Private garage or carport.
4
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
25 feet
Separation
Accessory Building
25 feet between principal building and accessory building
Separation
Maximum Height
Principal building - 2 stories
Accessory building - 1 story
Floor Area Ratio
0.25
4. Oft -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.
Section 4. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration
and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use
under Section 169.24, K-RC Kettlestone Retail Community District, so that Section 169.24 reads
as follows:
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
5
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.
C. Consumer fireworks sales.
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.
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.
6
5 feet for accessory structures.
Principal Building 25 feet
Separation
Accessory Building 25 feet between principal building and accessory building
Separation
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.
Section 5. Chapter 169, Waukee Municipal Code, Zoning Regulations,
Administration and Enforcement, is hereby amended by adding consumer fireworks sales
as a permitted use under Section 169.25, K-RR Kettlestone Retail Regional District, so that
Section 169.25 reads as follows:
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
(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.
C. Consumer fireworks sales.
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.
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
25 feet
Separation
Accessory Building
25 feet between principal building and accessory building
Separation
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.
�t
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.
Section 6. Chapter 169, Waukee Municipal Code, Zoning Regulations, Administration
and Enforcement, is hereby amended by adding consumer fireworks sales as a permitted use
under Section 169.26, K-OF Kettlestone Office District, so that Section 169.26 reads as follows:
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.
D. Consumer fireworks sales.
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.
M
I 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 25 feet
Separation
Accessory Building 25 feet between principal building and accessory building
Separation
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.
Section 7. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 8. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
10
Section 9. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 17t' day of April, 2023, and approved this 17`" da 'April, 2023.
R. C rles Bottenberg, Mayor Pro Tern
Attest:
V(�Z (- lault�
Rebecca D. Schuett, City Clerk
11