HomeMy WebLinkAbout2023-09-18 Ordinance 3094_R-1 Zoning District, Fencing for Swimming PoolsORDINANCE NO. 3094
AN ORDINANCE TO AMEND CHAPTER 169, ZONING REGULATIONS, DISTRICT
REGULATIONS, WAUKEE, IOWA
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 169, Waukee Municipal Code, Zoning Regulations, District
Regulations, is hereby amending Section 169.07:
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 23113.4 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 eight
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 swimming, which shall be deemed to be a
swimming pool if it is capable of holding 24 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 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
2
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 3 stories or 40 feet for principal building
Height 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. 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 1 per room
120 s. ft
Bedroom room 120 sq. ft. to 180 sq. ft. 2 per room
Bedroom room 180 sq. ft. or more 3 per room
Multipurpose At least 70 sq. ft. 1 per room, not more than 2 per
room dwelling unit
1. 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.
1. 5. Minimum Width. The minimum dimension of the main body of the principal building
shall not be less than 24 feet.
2. 6. Perimeter Foundation Requirement. A permanent perimeter foundation meeting Waukee
Building Code standards is required for all principal buildings.
3. 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.
4. 8. Site Plan Requirements. For site plan requirements, see Chapter 160 of this Code of
Ordinances.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3. 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.
Section 4. 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 18th day of September, 2023, and approved this 18t" day of September,
2023.
Attest:
")4�-
Rebecca D. Schuett, City Clerk
H
Courtney lar e, Mayor