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2019-07-15-Ordinance 2932_Zoning Regulations, All
ORDINANCE NO.2932 AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE, IOWA, BY AMENDING AND REPLACING CHAPTER 301 ZONING ORDINANCE, CHAPTER 304 SITE PLAN ORDINANCE, AND CHAPTER 305 SIGN ORDINANCE BE IT ORDAINED by the Council of the City of Waukee: CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 160.01 Purpose and Scope 160.05 Lighting Standards — Definitions 160.02 Jurisdiction 160.06 Lighting Standards— Design Guidelines 160.03 Procedures 160.07 Site and Building Design Standards 160.04 Site Plan Requirements 160.01 PURPOSE AND SCOPE. This chapter provides for the administration and enforcement of site plans by establishing minimum standards for site and building design. The purpose of this chapter is to provide guidance and standards for development within the City in order to guide development in a manner which is conducive to protecting the health, safety, and general welfare of residents and property owners within the City. All development and redevelopment of land or property within the City shall minimize the adverse effects placed upon adjacent properties by maintaining or improving upon the aesthetic quality of the surrounding area, and by providing adequate traffic safety, emergency access, water supply, sewage disposal, management of storm water, erosion and sediment control. Site plan review and approval by City Council shall be required of all principal structures other than individual single-family and two-family residential dwellings in any zoning district. 160.02 JURISDICTION. No permit shall be issued for any lot or development requiring the approval of a site plan except in conformity with this chapter. No development, except where specified herein, may be created, substantially improved, converted, enlarged, or otherwise altered without conforming to the provisions of this chapter, all applicable provisions of the Code of Iowa, as amended, and all other applicable provisions of this Code of Ordinances, as amended. 160.03 PROCEDURES. The property owner, developer, or other representing party on behalf of a property owner interested in the development of land within the City shall adhere to the procedures identified in this chapter, in accordance with all other applicable sections of this Code of Ordinances. 1. Pre -Application Conference. It is recommended that prior to the submission of any site plan application a meeting be scheduled with the administrative official and other appropriate City department representatives. The purpose of this conference shall be to discuss the feasibility of the proposal and to provide the owner with information and guidance regarding applicable City ordinances, specifications, standards, and procedures, before the owner enters into binding commitments or incurs substantial expenses. In addition, the administrative official will identify a CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS development review schedule best suited to accommodate the applicant's time schedule and the City's ability to effectively review the proposal. 2. Development Review. In order to properly review a site plan proposal, the applicant shall provide the City with information determined to be applicable to the project by the administrative official. Once the proposal has provided all of the necessary information meeting the requirements of all applicable City ordinances, the proposal shall be brought before the Planning and Zoning Commission in order to receive a recommendation before being presented to the City Council. Action of the Planning and Zoning Commission and City Council shall be approval, approval subject to conditions, denial, or table for further review. Action of the Council shall be approval, denial, or table for further review. A site plan may be presented for consideration by the City Council in the event of a recommendation of denial by the Planning and Zoning Commission. In the event of denial of a site plan by the City Council, the applicant would be required to resubmit and begin the review process anew to have another proposal considered by the Planning and Zoning Commission and City Council. Re -submittal of a site plan shall be subject to all applicable costs associated with review of the documentation. Development review shall exist as a measurement determined by the City to meet the objectives outlined by the Waukee Comprehensive Plan. 3. Validity of Approval. A site plan shall become effective upon certification of approval by the City Council. The City Council approval of any site plan required by this chapter shall remain valid for one year, allowing one one-year extension with approval of City Council upon recommendation of the Commission after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this chapter, "actual construction" means that the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of property, or stockpiling of materials on the site do not constitute actual construction. At the time of site plan approval, the City Council may grant an exemption on the time construction must begin after their approval is given for a utility service structure. 4. Amendment. Any site plan may be amended in accordance with the standards and procedures established herein, including payment of fees, provided that the administrative official may waive such procedures for those minor changes hereinafter listed. Such minor changes shall not be made unless the prior written approval for such changes is obtained from the administrative official. No fees shall be required for such minor changes. Minor changes include: (i) moving building walls within the confines of the smallest rectangle that would have enclosed each original approved building; (ii) relocation of building entrances or exits and shortening of building canopies; (iii) changing to a more restrictive commercial or industrial use, provided the number of off-street parking spaces meets the requirement of the Waukee zoning ordinance (this does not apply to residential uses); (iv) changing angle of parking or aisle, provided there is no reduction in the amount of off-street parking as originally approved; (v) substituting plant species, provided a landscape architect, engineer or architect certifies the substituted species is similar in nature and screening effect. 5. Existing Development. Any improvement or maintenance to any structure or site feature must not cause the site or building to become non -compliant with the regulations set forth in this chapter. If the site or building is already non -compliant, CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS the change to the building or site proposed by the owner must not cause them to become more non -compliant. In such instances, improvements shall be completed in a manner which makes the building, site, or related items more compliant with the current provisions of this chapter than they were previous to the improvements. Any improvement proposed to modify the size of a building, lot, parking area, etc. shall be submitted for review by the City. If the proposed improvement modifies the size of a building or lot by less than 25 percent, it shall be submitted for review by City staff and approved or disapproved by City staff. The administrative official shall have the authority to require such a project be reviewed by the Planning and Zoning Commission and City Council if they feel such review is warranted. If the proposed change is in excess of 25 percent, it shall be submitted for full review and approval or disapproval by the Planning and Zoning Commission and City Council. 6. Nonconforming Uses. Any site or building use permitted under a previous zoning district's regulation shall conform to the regulations of this chapter under the current site and building design provisions determined to be most applicable to the nonconforming use by the administrative official. 7. Violation and Penalty. Any person, firm, partnership, association or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and when not otherwise specified, each 30 days that prohibitive conditions are maintained shall constitute a separate offense. In addition, the City of Waukee may proceed in law or in equity to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct of business, or use in or about said premises. 160.04 SITE PLAN REQUIREMENTS. The following information shall be clearly provided on the site plan. Site Plans shall be submitted in a 24 by 36-inch format and digital format unless otherwise approved by the administrative official. 1. Name, address and telephone number of property owner. , including telephone and fax number. 2. Name, address and telephone number of applicant, if different than property owner. 3. Name, and address and telephone number of plan preparer. 4. Certification of architect and civil engineer licensed in the State of Iowa, including seal, date, and signature on all applicable drawings prior to City Council approval of the Site Plan. Other certification may be requested when appropriate by the administrative official. 5. Certification of a registered land surveyor licensed in the State of Iowa, including seal, date, and signature on applicable drawings prior to City Council approval. 6. Current zoning of property, listing the property's existing zoning consistent with the City of Waukee's Official Zoning Map and also including any overlay districts the property may be within and the land use identified in the current City of Waukee Comprehensive Plan where the property is located. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 7. Legal description of site, including the plat name and lot number for all new Site Plans. Building permits shall only be permitted on a platted lot of record. S. Total area of the site, indicated in acres and square feet. 9. Open space, indicating the total area of the proposed site in square feet, the area of open space within the site, and its percentage of the total site. The calculation should include all open space pervious areas and permitted pedestrian plazas. The total area of the site reserved for parking facilities, the open space within the defined parking area, and its percentages of the total parking area should be calculated and indicated in square feet. 10. Pervious and impervious surface, indicating the total area of the proposed site in square feet, the area of pervious surface and the area of impervious surface, including all structures. 11. All proposed uses for the site and buildings, as known at the time of application. 12. The total amount of parking stalls required based upon the proposed building uses of the site. If more than one building use is proposed for the site, each individual parking stall requirement should be indicated separate of the total. 13. If applicable to the proposed building uses of the site, the number of required and provided queuing spaces should be indicated. 14. If applicable to the proposed building uses of the site, the number of required and provided loading stalls should be indicated. 15. All setback requirements of the applicable zoning district within which the proposed site is located. 16. The 100-year flood elevation, based upon the most recent FEMA Flood Insurance Study or the on -site storm water management facility. Normal pool elevation should be indicated if the on -site storm water management facility is a retention pond. 17. General and survey information, as follows: A. North Arrow. Included on Site Plan and all other applicable sketches, drawings, and details. B. Scale of Drawing. A minimum scale of 1 inch = 80 feet is required. C. Vicinity Sketch. A minimum scale of 1 inch = 800 feet should be used to indicate the properties within 600 feet of the proposed site location. The boundary of the proposed site location should be clearly defined in relation to other properties shown within the vicinity sketch. D. Site Boundary. All property lines should be delineated with a heavy line. E. Bearing and Distances or Curve Data along boundary. Information should be indicated as platted. Any measured information different than platted should be identified. F. Names of all Adjoining Property Owners. All property lines adjacent to the proposed site or across street right-of-way should be indicated with the CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS owner and/or subdivision name(s), in addition to any adjoining lot numbers as appropriate. G. Existing Features. All existing physical features should be indicated on the site plan including but not limited to plant materials, drainage ways, structures, fences, and any encroachments. Projects involving numerous existing features may be requested to submit a demolition, removal, or relocation plan as determined to be most beneficial. H. Soil Tests and Similar Information. If deemed necessary by the administrative official, soil tests and similar information may be required to determine the feasibility of the proposed development in relation to the design standards set forth herein. I. Topography. The existing and proposed topography should be indicated with a maximum of two -foot intervals. Spot elevations may also be required at the request of the administrative official. J. Limits of Phased Construction. If the site is to be developed in more than one phase, the limits of each proposed construction/ development phase should be indicated including all facets of the phasing proposed. K. Additional Information. Drawings or other materials necessary to describe a proposed project may be requested by the Planning and Zoning Commission or administrative official. The applicant may include additional information or materials such as sketches, videos, models, or photos, if they help explain the proposal. is. An accurate representation of the proposed building footprint, including exterior structures incorporated into the building mass and proposed internal demising walls known at the time of application. A. Size. The total square footage of each proposed floor, the number of floors, and the amount of finished area on each floor, including any proposed basement area. For all multi -family and townhome proposals the total number of units proposed for each building footprint should be indicated. B. Entryways. The location of all proposed entries, service doors and overhead doors. C. Mechanical Units. The proposed location and type of all proposed ground mechanical units, including air conditioning units, telephone pedestals, transformers, coolers, or other similar units. For roof mounted mechanical units, the proposed location and type of ladder to access the roof should be indicated. D. Trash Enclosures. The proposed location of all trash enclosures for the site and a detail of the structure. 19, All proposed sidewalks, trails, and pathways, including the width, thickness, and type of pavement. All sidewalks, trails, and pathways must be constructed to Waukee Standard Specifications as applicable to the project. 20. Pedestrian corridors from any public street to all proposed principal buildings. 21. All proposed emergency exits where a sidewalk is not indicated shall provide a stoop of an approved dimension, determined to be adequate in providing a safe exit from the building. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 22. All existing and proposed access drives to the site from a public street, including appropriate spacing as determined by the Waukee Major Streets Plan. 23. All public improvements required of the developer. The amount of improvements required shall be determined by the Waukee Comprehensive Plan, the Waukee Major Streets Plan, a traffic impact analysis, or any other approved documentation identifying the amount and type of improvements necessary to accommodate increased activity to the site or to facilitate future development as it relates to the development of said site. 24. The use of private streets shall be allowed if the proposed private streets meet the following criteria: A. Proposed private streets are built to Waukee Standard Specifications for public streets. B. They are maintained by the property owners requiring the private streets through a Homeowners Association or through an approved development agreement between the developers and the City. C. The width and thickness of the private streets as determined by the City Engineer or a traffic impact study in accordance with the City specifications. D. Sidewalks should be installed on both sides of the private streets unless additional landscaping or open space is incorporated into the site in an amount approved by the City Council in relief of one sidewalk per street. E. A public ingress/egress easement is provided over the private streets' location. F. Street lights should be installed on all private streets unless an alternative plan for providing lighting within the development is presented and accepted by the Planning and Zoning Commission. 25. Any shared access drives. Any project where the development of townhomes provides access to garages from a public street shall provide a shared access drive between two or more units in order to minimize the amount of obstruction to the flow of traffic along said public street. Any development of commercial property where shared access is anticipated shall provide an easement and conceptual building footprints for all proposed lots which are proposed to share the access drives. 26. All proposed parking and loading areas. Parking and loading areas shall meet the requirements of Chapter 168 of this Code of Ordinances, and be in accordance with the requirements of the City specifications and all other applicable State and federal regulations. 27. A complete traffic circulation and parking plan, showing the location and dimensions of all existing and proposed parking stalls, loading areas, entrance and exit drives, sidewalks, dividers, planters, and other similar permanent improvements, in addition to indicating traffic movements within access drives, in order to better identify any potential traffic impediments based upon the proposed parking configuration and access drives. 28. Individual parking stalls, as appropriate and differentiated from parking aisles. Stalls intended to accommodate accessibility for persons with disabilities should be indicated appropriately. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 29. Proposed loading areas and queuing spaces, indicating traffic movements where applicable to determine maneuverability within the site. Individual loading docks and queuing spaces should be indicated on the site plan. 30. A lighting plan indicating the location, type, height, power rating, and any shielding methods required of all existing and/or proposed lighting fixtures. A. A manufacturer's cut -sheet shall be provided for each type of lighting fixture incorporated into the site layout including its materials and color. Information required from the cut -sheet shall include the description of lamps, supports, reflectors, and any other components of a particular lighting fixture. The site plan shall indicate all proposed lighting as depicted by the manufacturer. B. A photometric plan shall also be required identifying the horizontal illumination of the site and the vertical light trespass along the perimeter of the site. The photometric plan shall show point by point foot-candle reading for the entire site at a minimum spacing of 10 feet between each point, including 2 feet past the property line. . 31. The location and type of all existing and proposed signage. All signage shall meet the requirements of Chapter 167 of this Code of Ordinances. 32. A landscaping plan, including the size and type of all proposed trees and plantings and any existing trees larger than six inches in diameter proposed to be removed. All landscaping necessary for fulfillment of requirements of this Code of Ordinances shall be indicated on the site plan. 160.05 LIGHTING STANDARDS — DEFINITIONS. Unless the context clearly indicates otherwise, the words and phrases used in this section shall have the following meanings: 1. "Active" means those times when sales employees are employed on site for the purpose of selling the merchandise located on the property to the general public and does not include display of merchandise which is offered for sale at locations other than the property. 2. "Display lot" means outdoor areas where active night time sales activity occurs and where accurate color perception of merchandise by customers is required. 3. "Exterior lighting" means temporary or permanent lighting that is installed, located, or used in such a manner to cause light rays to shine outdoors. 4. "Exterior lighting fixture" means the complete exterior lighting unit, including: the artificial source of light, the parts required to distribute the light, elements for light output control such as the reflector (mirror), or refractor (lens), the housing that protects and holds the lamp in place, the connection to the power supply, and the component that anchors the lighting unit to the ground or onto a structure. 5. "Floodlight" means a lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. 6. "Foot-candle" means the illuminance measured one foot from a one candle source. 7. "Full cut-off' means a shielded light fixture that emits no light above a horizontal plane touching the lowest point of the fixture. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 8. "Glare" means the light in a direction near one's line of sight that either causes discomfort to the eye or impairs visibility. 9. "Horizontal and vertical foot-candles" means the illuminance, measured by a light meter, striking a vertical or horizontal plane. 10. "Illuminance" means the intensity of light in a specified direction measured at a specified point. 11, "Light" means a form of radiant energy acting on the retina of the eye to make sight possible. 12. "Light trespass" means unwanted light falling on public or private property from an external location. 13. "Merchandise" means new and used vehicles owned by and actively offered for sale to the general public by the property owner. 14. "Recreational facility" means football fields, soccer fields, baseball fields, tennis courts, swimming pools, or any other special event or show area. 160.06 LIGHTING STANDARDS — DESIGN GUIDELINES. 1. Required Lamps — Generally. All lamps shall be LED, or others with similar qualities to reduce glare and provide for improved color correct vision. 2. Required Exterior Lighting Fixtures — Generally. All exterior lighting fixtures shall be full cut-offs. No portion of the lamp, lens, or diffuser shall be visible from the side or top of any shield, or otherwise protrude from the bottom of the shield. No exterior lighting fixture shall emit light at or above a horizontal plane that runs through the lowest point of the shield. 3. Architectural and Decorative Lighting (Commercial and Industrial). A. Limited building -mounted lighting may be used to highlight specific architectural features or primary customer or building entrances. Floodlights are only permitted provided all light emitted is contained by the building or by an eave or protruding structure. B. Lighting fixtures shall be located, aimed, and shielded to minimize the glare that is emitted on objects other than a building's facade or landscape walls. C. Building -mounted neon lighting may only be used when the lighting is recessed, or contained inside a cap or architectural reveal. 4. Site and Parking Lot Lighting (Commercial and Industrial). A. The mounting height for lighting fixtures shall not exceed 33 feet from grade to the top of the lighting fixture. B. The maximum average maintained foot-candles for a parking lot lighting fixture shall be three foot-candles. The maximum lighting level for a parking lot lighting fixture shall be ten foot-candles. C. The maximum horizontal foot-candle measurement at any property line shall be two foot-candles. The maximum maintained vertical foot-candle CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS at an adjoining property line shall be two foot-candles, as measured at five feet above grade. 5. Display Lot Lighting (Commercial and Industrial) A. The mounting height for lighting fixtures shall not exceed 33 feet from grade to the top of the lighting fixture. B. The maximum average maintained foot-candles for a display lot lighting fixture adjacent to the public right of way shall be 25 foot-candles. The minimum lighting level for a display lot lighting fixture adjacent to the public right of way shall be one foot-candle. The maximum lighting level for a display lot lighting fixture adjacent to a public right of way shall be 30 foot- candles. C. The remaining rows intended for vehicle display as defined on the site plan shall have a maximum average maintained foot-candle for display lot lighting of 20 foot-candles and a minimum of one average maintained foot- candle. The maximum lighting level for secondary rows of display lot lighting shall be 25 foot-candles. D. All customer and employee parking areas and other non -display areas within the site shall conform to the site and parking lot fighting requirements as defined above. E. The maximum horizontal foot-candle measurement at any property line shall be two foot-candles. The maximum maintained vertical foot-candle at an adjoining property line shall be two foot-candles, as measured at five feet above grade. F. All display lot lighting fixtures shall meet the shielding and lamp requirements contained in this section and adhere to all other requirements imposed by the Waukee Municipal Code. G. After 10:00 P.M. and until 7:00 A.M., all display lot lighting fixture foot-candle levels shall be reduced so as to conform to the site and parking lot lighting requirements contained in this section through the means of a control system or systems. H. The discontinuance of the use of the property for on -site vehicular sales shall eliminate the authority of the property owner to operate the display lot lighting at the levels set forth in this section. In the event of such discontinuation of use, the lighting may only be operated in accordance with other requirements of this section. It shall be the property owners responsibility to notify its successors in interest or tenants of the obligations imposed by this section. 6. Canopy Lighting (Commercial and Industrial). The average maintained foot- candles under a canopy shall be 35 foot-candles. Areas outside the canopy shall be regulated by the guidelines and standards outlined above. Permissible fixtures for canopy lighting include: A. Recessed fixtures that incorporate a lens cover that is either recessed or flush with the bottom surface of the canopy. B. Indirect lighting where light is emitted upward and then reflected down from the underside of the canopy. Such fixtures shall be shielded to 141MOR101:1.iC111 SITE AND BUILDING DEVELOPMENT STANDARDS ensure that no light is emitted at or above a horizontal plane that runs through the lowest point of the canopy. 7. Street Lighting. All private street light fixtures shall measure no more than 30 feet from grade to the top of the lighting fixture, and shall be cobra -style, unless the Commission and Council permit the installation of an alternative fixture. The Commission and Council may approve an alternative lighting fixture only after a determination has been made that the alternative fixture has been designed to avoid glare and trespass. The use of lighting fixtures that direct light upward into the air is strictly prohibited. All lighting on public streets shall conform to the current City of Waukee Standard Specifications. 8. Recreational Facilities. The lighting fixtures at all public or private outdoor recreational facilities shall be designed to minimize the amount of light that is directed upward into the air, glare, and light trespass. The illumination of any public or private outdoor recreational facility after 11:00 p.m. is prohibited, except in order to conclude a specific activity, previously scheduled, which is in progress under such illumination prior to 11:00 p.m. 9. Exemptions. This section does not apply to the following exterior lighting sources: A. Airport lighting required by law. B. Temporary emergency lighting. C. Temporary fighting, other than security Lighting, at construction projects. D. Governmental facilities where a compelling need for safety and security has been demonstrated. E. Lighting for flag poles, church steeples or other similar non- commercial items provided they do not cause distraction within public rights - of -way. 160.07 SITE AND BUILDING DESIGN STANDARDS. The following are applicable for all structures and sites proposed in all zoning districts other than individual single-family or two-family dwellings, which do not require approval of a site plan. Review Process. A. As part of the site plan review process, an applicant shall provide colored architectural elevation drawings for each elevation of the building or buildings proposed for new construction, addition, alteration, or the like. B. The elevation drawings should be provided in 11 by 17-inch format and digital format unless otherwise approved by the administrative official. C. Each elevation drawing should include massing dimensions and callouts of the proposed materials indicated on the elevation. A percentage breakdown of proposed materials shall be provided. D. In the event that accessory structures are proposed as a part of the site plan review process, the administrative official shall have the ability to CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS request elevation drawings or colored details of said accessory structures to ensure compliance with the provisions of this chapter. E. At the time of site plan and elevation drawing presentation to the Planning and Zoning Commission, and/or City Council, the applicant may be required to provide material and color samples of all proposed exterior finishes. 2. Architectural and Site Design Characteristics — General Provisions for All Districts. A. Connection and Circulation. Sites shall be designed with integrated sidewalks, walkways, and paths to provide continuous circulation throughout the site connecting principal structures, dwelling units, parking areas, parking garages, and other prominent features. Pedestrian connections shall be made between the internal circulation system and the adjacent public sidewalk or trail systems. B. Screening. Ground mounted utility and mechanical units (condensers, cooling equipment, generators, meter clusters, transformers, ventilation units, etc.) shall be adequately screened from public view through the use of walls, hedges, or other landscape treatment that provide year-round screening. Walls shall be consistent in architectural style and material to the principal building. Roof mounted utility and mechanical units (condensers, cooling equipment, generators, ventilation units, antennas, satellite dishes, etc.) shall be screened from public view by the use of an opaque screening material compatible with and integrated into the overall design of the building. Architectural metal paneling, roof parapet or a combination of the two shall be considered. Garbage dumpsters and trash receptacles shall be screened through the use of an enclosure comprised of materials consistent with the principal building. Where possible an enclosure shall be integral with a building. An enclosure shall be placed outside of a front yard. C. Outdoor Storage and Display. (1) Outdoor storage and display areas shall be approved as a part of the site plan review process. hi the event that a new or additional storage or display area is deemed necessary by a property owner for an existing site where a site plan has already been approved, a site plan meeting the criteria of this section shall be provided for review and approval by the administrative official. (2) All outdoor storage and display areas shall be designed and placed so as not to impede or pose a threat to existing or planned pedestrian, automobile, and emergency access routes through a site. (3) Outdoor storage and display areas shall not occupy any portion of required open space, buffers, off-street parking areas, or other such required site conditions. (4) Outdoor storage areas shall be provided on a paved surface with perimeter fencing, landscaping, or related treatment necessary to secure and integrate the storage area with the remainder of the site. An opaque screen shall be provided to adequately screen the storage area from a public street right-of-way or an adjacent zoning district CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS different from the site. Wood privacy fence or chain link fencing shall not be allowed for screening outdoor storage areas. D. Exterior Color. The use of bright, bold, or vibrant colors shall be consistent with the City's vision for the surrounding area and used primarily in accent materials or similar applications that are not determined to conflict with neighboring properties or circumvent the Sign Ordinance. This shall not restrict the use of such colors on multiple material applications if deemed to align with the City's vision or plan for an area. E. Conformance with City's Intent for Design. All buildings, structures, and sites shall be designed in conformance with the City's intent for the level of character and design desired for certain projects as illustrated in the adopted Architectural Design Example Book or Downtown Design Guidelines as applicable to the zoning district. It is not expected that all projects will be identical to the examples provided in the book, but shall provide for the same level of detail, interest, durability in materials, and scaling methods identified in the book. Where a question of interpretation arises between a proposed project in relation to the examples provided in the book, the administrative official shall provide for the determined interpretation. F. 360 Architecture. All buildings shall be designed with a consistent level of detail and interest on all sides. 3. Architectural and Site Design Characteristics — Arterial Overlay District. The regulations specified under this district shall apply to all properties adjoining or integrated with a property adjoining a street classified by the adopted Major Streets Plan as an interstate, primary highway, major arterial, or minor arterial. A. Used car facilities shall be permitted only in conjunction with a new car facility. B. Drive-thru windows, menu boards, and related items shall be positioned or screened so as not to be visible from the corridor. C. Loading areas, overhead doors, or service areas shall not face the corridor. 4. Architectural and Site Design Characteristics — Neighborhood Residential Districts. The regulations specified under this district shall apply to townhome, row dwelling, and multi -family dwellings within an R-3or R-4 District. A. All townhome, row, and multi -family dwellings proposed within the same development shall have a unified architectural theme. Sites where four or more buildings are proposed shall provide slight differentiation in design amongst buildings of the same size or number of units to provide for a higher level of architectural design for the site as a whole. B. Each townhome or row dwelling facade shall be divided into a maximum of 20-foot linear sections. Multi -family facades shall be divided into a maximum of 40-foot linear sections. This requirement may be accomplished by the use of: (1) Window bays. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS (2) Articulation in roof lines through the use of dormers or gables. (3) Variation in building offsets. (4) The division of continuous materials. (5) The use of architectural accents such as chimneys, balconies, pediments, columns, cornice lines, or moldings. C. Each building shall be designed with same level of architectural style on all sides. For townhomes and row dwellings, a minimum of 20% of the front facade shall be comprised of brick and/or stone. For multi -family developments, a minimum of 35% of the total area of building elevations shall be comprised of brick and/or stone. In calculating wall surfaces, windows and doors shall not be considered within the calculation. D. Exterior building materials along elevations which adjoin a public or private street shall employ a variety of textures and colors as well as window and door details. E. Variation in building materials used shall take place with the change in building plane. However, the change in materials shall keep with the chosen architectural theme. F. Any garage door proposed within a townhome, row dwelling, or multi -family structure shall be integrated into the facade so as not to become a prominent element of the dwelling. Garages proposed within a townhome, row dwelling or multi -family development shall be integrated into the design of the overall building and shall incorporate architectural details. This shall be accomplished with the use of windows, decorative hardware, recessed garage doors, roof canopies, trellises, columns, trim details, offsets between garages of adjacent units and paired, single -car garage doors. G. Detached garages shall be designed with materials consistent with those used on the principal buildings within the development. Detached garages shall not be located along a public street frontage. Detached garaged shall be discouraged within townhome developments. 5. Architectural and Site Design Characteristics — Neighborhood Commercial Districts. The regulations specified under this district shall apply to commercial property zoned C-lA and nonresidential uses as principally permitted within a residential district or agricultural district. A. The architectural design of all buildings shall be similar in style and sense of scale to the residential neighborhood it serves or is in proximity to. B. Buildings shall be predominately brick, stone, or similar material that provides for the appearance of permanency. The use of residential siding or similar materials consistent with the surrounding neighborhood may be used as a secondary material. Vinyl siding is prohibited. C. The use of building materials shall follow principles of tripartite architecture where a defined base, middle, and top (roofline) are established. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 6. Architectural and Site Design Characteristics — Community Commercial and Office Districts. The regulations specified under this district will apply specifically to the C-1, C-1B, and C-4 Districts. A. Buildings constructed in a Community Commercial or Office District shall be designed to sustain interest throughout the entirety of the building's exterior and reduce the appearance of a box or cube. B. Individual buildings within a planned retail center, office park, or similar environment shall be designed with a compatible architectural style or theme. C. hi order to ensure the longevity and future usability of retail buildings in excess of 50,000 square feet (e.g., big box retailer, anchor of a strip mall, etc.) additional articulation and structural offsets shall be provided to ensure future reuse of the structure by smaller user groups. This shall be accomplished by visually separating the building into masses conducive to such reuse. D. Buildings within the Community Commercial or Office District shall incorporate a blend of various Primary Materials including: (i) aluminum composite materials; (ii) brick; (iii) cast stone; (iv) cultured stone; (v) glass; (vi) plate cladding system; and (vii) precast concrete panels. The primary material shall be the dominant material of fagades facing a public street right- of-way. Secondary materials shall include but not be limited to: (i) architectural metals (insulated metal panels, corrugated metal panels or other similar materials); (ii) copper flashing; (iii) EIFS; (iv) fiber cement siding; (v) glass block; (vi) structural composite sandwich paneling; (vii) rile; and (viii) those materials listed as primary materials. Secondary materials shall be used to further define and accent the architectural characteristics of a proposed structure and shall not comprise of more than 25% of the proposed structure. The City Council, after receiving a favorable recommendation from the Planning and Zoning Commission, may consider an alternative material not specifically listed above if the overall design is determined to provide a unique use of the material and meets the intent of this section in creating an appearance of permanency and sustained interest throughout the entirety of the building. E. Common ribbed metal panels shall not be permitted as an allowed principle or secondary material within the Community Commercial and Office Districts. F. Principal buildings shall be oriented and located in a manner which allows for shared access drives and/or parking with adjacent principal buildings. G. Automobile and pedestrian corridors should be clearly defined throughout the proposed site. This should be accomplished through the use of. (1) Landscaped medians and islands within proposed parking areas. (2) Defined pedestrian corridors provided through or around parking areas between principal buildings. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS (3) Brick, stone, or similar pavement accents at critical pedestrian and automobile crossings. (4) Automobile and pedestrian lighting located along primary corridors within the site. 7. Architectural and Site Design Characteristics — Downtown Village District. The regulations specified under this district will apply specifically to the C-2 District and take precedence over any conflicting provisions of this chapter. All buildings and structures within the Downtown Village District shall be designed, oriented, and planned consistent with the adopted Downtown Design Guidelines. 8. Architectural and Site Design Characteristics — Industrial District. The regulations specified under this district will apply specifically to the M-1, M-IA, and M-2 districts. A. Buildings shall be compatible in architectural style or theme with surrounding buildings. B. Buildings shall be designed with emphasis placed upon promoting interest on those facades facing a public street right-of-way and breaking up long expanses of continuous walls with specific consideration given to the treatment of entrances, doors, and window areas. C. Buildings within the Industrial District shall be designed utilizing primary materials on those elevations facing a public street right-of-way including: (i) aluminum composite materials; (ii) brick; (iii) cast stone; (iv) cultured stone; (v) glass; (vi) plate cladding system; (vii) precast concrete panels; and (viii) fiber cement siding. Secondary materials used on the remainder of the building and comprising not more than 40% of all elevations shall include but not be limited to: (i) architectural metals (insulated metal panels, corrugated metal panels or other similar materials); (ii) EIFS; (iii) split faced block; (iv) structural composite sandwich paneling; (v) tile; and (vi) those materials listed as primary materials. Other materials proposed as secondary materials not specifically described shall meet the intent of this section in promoting an appearance of permanency. D. Mini-warehouse/self-storage developments shall comply with the following requirements: (1) Facades fronting the public right of way and adjoining residential districts shall be enhanced to add visual character and distinction different from the interior of the development. Materials on these facades shall consist entirely of those materials listed as primary materials in this section. (2) Views of exterior access doors shall be screened from the public right of way, adjacent residential development and adjacent non -industrial or non -warehouse retail development. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS CHAPTER 161 LANDSCAPE AND OPEN SPACE REQUIREMENTS 161.01 Purpose and Scope 161.02 Landscaping Regulations 161.03 Minimum Open Space Required 161.04 Minimum Planting Requirements 161.05 Off -Street Parking Areas 161.06 Buffers and Screening Requirements 161.07 Reduction in Required Buffer 161.01 PURPOSE AND SCOPE. The purpose of this chapter is to establish minimum standards for the preservation, installation, and maintenance of landscape plantings and landscaped open space in residential, commercial, and industrial districts, to utilize landscaping and landscaping open space as an effective means of energy conservation, to preserve open space, to improve property values, and to maintain the aesthetic quality of the City, thereby promoting the health and general welfare of the City. 161.02 LANDSCAPING REGULATIONS. All of the following standards shall apply to all required landscape plantings: 1. Interference with Site Drainage. Landscape plantings shall not be placed where they interfere with site drainage. 2. Plantings Shown on Approved Site Plan. Landscape plantings shall not be placed in any public utility easement unless specifically permitted on the approved site plan. 3. Interference with Public Utilities. Plantings shall not be placed where they may interfere with maintenance of sanitary and storm structures, fire hydrants, or water valves, or any other public utility. 4. Approved Plantings. Landscape plantings shall not be placed in any public street right-of-way unless previously approved by the City Council and shall not be counted toward fulfillment of the minimum site requirements set forth below. 5. Vision Clearance Triangle. Vision clearance triangle shall be maintained at all times. 6. Restoration with Sod. All disturbed land shall be restored with sod, unless specifically approved otherwise. In residential districts or uses, the entire front yard, side yard, and rear yard to the building setback line shall be sodded. In all cases, the adjacent right-of-way shall be sodded. 7. Survey of Larger Trees. A survey of trees larger than six-inch caliper in diameter is required for sites with such existing trees. The tree inventory shall include species, size, and a location map. Such plan shall be included in the initial development submittal. 8. Existing Landscaping Identified and Protected. All existing landscaping that is not to be removed pursuant to the grading, landscape or site plan, shall be clearly identified and, prior to issuance of a permit, shall be protected by fencing located around the drip line of the tree, maximizing the protection of the root zone area. The administrative official may waive this requirement if the landscaping to be saved is not located in the immediate area where construction is to occur. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 9. Preservation of Existing Landscaping. Whenever practical, existing landscaping shall be preserved and incorporated into the overall design and layout of the site. 10. Quantity of Trees Required. In sites where landscaping existed and was retained during development, the minimum quantity of trees required may be reduced by the total amount of caliper saved in the case of a deciduous tree or the total height in the case of an evergreen tree. No more than 50 percent of required plants may be waived in this manner. 11. Plantings Prohibited. Plant species to be used for landscaping shall be acceptable to the City if they are not considered a nuisance or undesirable species such as trees with thorns, cottonwood or cotton bearing poplars, elm trees prone to Dutch Elm Disease and box elder. 161.03 MINIMUM OPEN SPACE REQUIRED. It is recognized that the extensive use and excessive congestion of land may become hazardous to the general health and welfare of the community. Therefore, the intent of this chapter shall be to require not less than that open space that is necessary to preserve the basic qualities and beauty of nature. Open space shall be provided for each site in each district in accordance with the table below. Values are in percentage of total site unless specified herein: R-3 R-3A R-6 C-1 C-lA C-1B C-2 C-4 M-1 M-IA M-2 20 20 250 square 20 20 20 None 25 15 15 10 feet per lot devoted to recreational area The calculation of required open space shall not include sidewalks in the minimum required open space. 161.04 MINIMUM PLANTING REQUIREMENTS. The provisions below represent the minimum standards required for compliance of this chapter. These regulations are not intended to suppress creative design concepts or the use of variety in the landscape plan. 1. Minimum Size. The minimum size for required plantings, other than those in required buffers, shall be as follows: A. Deciduous overstory trees shall be a minimum of 8 feet in height. B. Evergreen overstory trees shall be a minimum of 6 feet in height. C. Deciduous ornamental trees shall be a minimum of 6 feet in height. 2. Minimum Quantity. The minimum number of plantings per site shall be as follows: A. A minimum of 50 percent of all required trees shall be overstory shade trees. B. For all uses except single-family attached and detached residential dwellings, a minimum of 25 percent of all required trees shall be evergreen trees. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 3. Minimum Planting Quantities: R-1, R-2, R-4, R-6 R-3 R-3A, Commercial, Industrial 2 trees per dwelling unit I tree per 1,000 square feet of required open space; t shrub per t,000 square feet of required open space 4. Values expressed in the table above are in addition to plantings required in buffers and screening. 161.05 OFF-STREET PARKING AREAS. All of the following requirements shall apply to off-street parking areas except for single-family attached and detached parking in driveways as follows: 1. All rows of parking spaces shall be provided a terminal landscaped island, with a minimum width of ten feet and a minimum length of 17 feet for single parking rows and 34 feet for dual parking rows, to protect parked vehicles, provide visibility, confine moving traffic to driveways, and provide space for landscaping. 2. There shall be provided within each row of parking spaces, landscaped islands, with a minimum width of 6 feet and a minimum length of 17 feet for single parking rows and 34 feet for dual parking rows, located so as to prevent more than 15 vehicles from being parked side by side in an abutting configuration. 3. All landscaped islands required in subsections 1 and 2 of this section shall be planted with at least one ornamental or one deciduous overstory tree. A minimum of 50 percent of the landscaped islands shall be provided with a deciduous overstory tree. The entire landscaped island area shall be covered with plant materials, lawn, or mulches. 4. The setback between the parking area and the public right-of-way shall be landscaped with a minimum of one overstory deciduous tree per 40 linear feet of frontage. The frontage calculation shall be exclusive of the driveways. The plantings may be planted individually or in clusters. This requirement shall be included in the minimum number of trees required for the site and is not in addition to. 5. To encourage the use of alternative design practices and green infrastructure, the City Council upon a recommendation of the Planning and Zoning Commission, may accept alternative landscape covers and/or designs for parking lot islands, if designed appropriately and in concert with surrounding development. 161.06 BUFFERS AND SCREENING REQUIREMENTS. It is recognized that the transition from one district to another district of contrasting and conflicting uses is across a line in theory, not in existence. Therefore, it is the intent of this chapter to require the actual provision of a physical barrier so as to reduce possible harmful or detrimental influence one zoning district's use may have to an abutting and contrasting or conflicting zoning district's use. The following are conditions for requiring a buffer: 1. Any lot for residential use, having both its front and rear lot lines abutting a public thoroughfare (a double frontage lot) shall require 25 feet adjoining the thoroughfare from which no access is planned or permitted. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 2. Buffers shall be provided in accordance with the following table. Values are in feet: AR, R-1, R-3, R-3A, R-4 Commercial Industrial R-2 R-6 Except for C-2 AR, R-1, -- 25 25 30 40 R-2 R-3, R-3A, 25 -- 25 30 40 R-6 R-4 25 25 -- 30 40 Commercial, 30 30 30 -- 40 except for C-2 Industrial 40 40 40 40 -- 3. The more intense use shall provide the buffer required above. In an instance where adjacent property is down zoned, thereby requiring additional buffer, the newly zoned property shall provide the additional required buffer. 4. The following shall be the minimum requirement. All buffers shall provide the plantings as prescribed below. Buffer Material Requirements (Per 50 Linear Feet of Buffer) 25 feet 1 overstory 2 evergreen 2 ornamental 30 fee[ 2 overstory 3 evergreen 2 ornamental 40 feet 2 overstory 4 evergreen 3 ornamental 5. Whenever practical, existing trees and shrubs should be preserved and incorporated into the overall design of the buffer and can be included to meet the total number of required trees. A continuous earthen berm, minimum of three feet in height, shall be provided in addition to the required plantings. 6. Whenever practical, existing trees and shrubs should be preserved and incorporated into the overall design of the buffer and can be included to meet the total number of required trees. A continuous earthen berm, minimum of three feet in height, shall be provided in addition to the required plantings. 7. In addition to the required permanent landscape buffer, the City Council may require a fence or a heavily landscaped earth berm to provide additional screening. Such fence shall be constructed of substantial support elements, including, but not limited to, brick, poured concrete, and stone. Steel posts shall not be considered appropriate. 8. Required yards shall be measured from the lot lines as prescribed in this chapter. Buffer may be included in yards required by this chapter. No building, CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS parking, or structures shall be permitted within any buffer, unless authorized by the City Council. 9. In a residential subdivision, the developer of the subdivision shall be required to install the buffer improvements as required by this section. The owner of the adjacent private property shall maintain the buffer in perpetuity. 10. In a situation that has landscape requirements other than those stated in the buffering requirements, the buffer requirements shall be in addition to any other required landscaping. 11. The need to establish the buffer as an easement shall be reviewed and identified during the development review process. Easements shall generally be required between different zoning districts and for buffering requirements of residential districts. It shall be assumed that the buffer will be established by an easement unless noted otherwise during the development review process and approved by the City Council. Buffer easements shall be recorded with the County at the time of establishment, prior to, or concurrent with the recording of a final plat or the final approval of a site plan. 12. For single-family residential subdivisions, the landscape buffer shall be submitted for review and approval as a public improvement, at the same time as the preliminary plat. For any type of development that requires a site plan review, the buffer plans shall be submitted as a part of the site plan submittal. 161.07 REDUCTION IN REQUIRED BUFFER. The City Council may, at its discretion, reduce the required buffer under the following conditions: 1. In those areas where the boundary line abuts permanent natural features that function as a buffer, including, but not limited to, ponds, severe grades, or mature woodlands, requirements for a buffer area for that portion of the boundary may be reduced by the City Council in the proportions that the permanent natural features fulfill the buffer requirements. 2. In those areas where the property abuts an undeveloped property that is shown on the adopted land use plan as the same or a more intensive use. 3. The abutting property has provided a portion or the entire required buffer. 4. On lots that can present evidence that the above buffer provisions would render the property unbuildable, the City Council may grant a waiver of the buffer requirements and permit a fence of not less than six feet in height. Provisions for landscaping to soften the visual appearance of the fence and provide additional buffering may be required and will be reviewed on a case -by -case basis. 5. In those areas that abut a public park, the buffer area for that portion of the boundary may be reduced to 50 percent of the requirement. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 165 ZONING REGULATIONS DEFINITIONS AND GENERAL REGULATIONS 165.01 Title; Interpretation of Standards 165.02 Definitions 165.03 Nonconforming Uses and Structures 165.04 Conformance Required 165.05 Street Frontage Required 165.06 Accessory Buildings 165.07 Corner Lots 165.08 Yards and Open Space 165.09 Permits Previously Issued 165.10 Zoning Districts Dividing Property 165.11 Home Occupations 165.12 Outdoor Storage Restrictions 165.13 Visibility at Intersections 165.14 Fences, Walls and Hedges 165.15 Building Lines on Approved Plats 165.16 Wind Energy Conversion Systems 165.17 Temporary Uses 165.18 Solar Energy Systems 165.19 Exceptions, Modifications and Interpretations 165.20 Illustrations 165.01 TITLE; INTERPRETATION OF STANDARDS. Chapters 165 through 169 of this Code of Ordinances shall be known and may be cited and referred to as the Zoning Regulations of the City of Waukee, Iowa, and may be referred to in these chapters and elsewhere in this Code of Ordinances as "the zoning regulations" or "the zoning ordinance." In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements. Where any zoning regulation imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of these zoning regulations shall control. If any other statute, ordinance, or regulation imposes higher standards than are required by these zoning regulations, such statute, ordinance or regulation shall control. Any regulation adopted under the authority of these zoning regulations which relates to a structure, building, dam, obstruction, deposit, or excavation in or on the flood plains of a river or stream shall require prior approval of the Iowa Department of Natural Resources and the U.S. Army Corps of Engineers to establish, amend, supplement, change, or modify such regulation or to grant a variation or exception from it. 165.02 DEFINITIONS. For the purpose of these zoning regulations, certain terms and words are hereby defined. The words "used" and "occupied" include the words "intended, designed, or arranged to be used or occupied," and the word "lot' includes the words "plot or parcel." 1. "Accessory use or structure" means a use or structure subordinate to the principal use of another building on the lot or site with, and serving a purpose customarily incidental to, the use of the principal building. 2. "Administrative official' means the City official or his or her designee appointed by the Council to administer these zoning regulations. Administrative official and Zoning Administrator shall mean the same thing. 3. "Adult," as used in these zoning regulations, refers to a person who has attained the age of 18 years. 4. "Adult entertainment business" means a business that, as a part of or in the process of delivering goods and services, displays to its patrons specified sexual activities or specified anatomical areas in printed form or through any form of photographic medium or by use of male or female models. In reference to adult entertainment businesses, the following definitions apply: CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS A. "Adult art studio' or "adult modeling studio' means an establishment or business that provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. Entrance to such establishment and such services are available only to adults. B. "Adult artist - body painting studio' means an establishment or business that provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude. Entrance to such establishment and such services are available only to adults. C. "Adult bath house" means an establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy, and not including such services provided by a medical practitioner or professional physical therapist licensed by the State of Iowa. Entrance to such establishment and such services are available only to adults. D. "Adult book store" means an establishment or business having a substantial part of its stock in trade, books, magazines, photographs, pictures and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, and limited in sale of such sexual materials to adults. E. "Adult cabaret' means a cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. F. "Adult mini -motion picture theater" means an enclosed building with a capacity for less than 50 persons which is used for presenting motion pictures, slides, or photographic reproductions distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein. G. "Adult motel' means a motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. H. "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. I. "Adult motion picture theater" means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein. J. "Massage" means any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS hand, other parts of the body, or any instrument, for any consideration or gratuity. K. "Massage establishment' means any establishment having a fixed place of business where massages are administered for any form of consideration or gratuity, including, but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include an establishment employing: (i) persons licensed by the State of Iowa under the provisions of Chapters 148, 148A, 148B, 151, 152, 157 or 158 of the Code of Iowa, when performing massage services as a part of the profession or trade for which licensed; (ii) persons performing massage therapy or massage services under the direction of a person licensed as described in (i) above; (iii) persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician; (iv) nurses, aides, technicians and attendants at any hospital or health care facility licensed pursuant to Chapter 135B, 135C or 145A of the Code of Iowa, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in (i) above; (v) an athletic coach or trainer in any accredited public or private secondary school, junior college, college or university, or employed by a professional or semi-professional athletic team or organization, in the course of his or her employment as such coach or trainer. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, or recreational and athletic facilities, and facilities for the welfare of the residents of the area. L. "Model' means any person who, for consideration or gratuity, appears either nude or seminude to be either viewed, photographed, sketched, drawn, sculptured; to dance; to provide reading or counseling sessions; for body painting; to deliver a service or other activities in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. M. "Model studio' means any establishment where, for any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, or, subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where, for any form of consideration or gratuity, nude or seminude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity. N. "Nude encounter parlor" means an establishment having a fixed place of business where any person therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of viewing any person or persons or the actual encounter of any person or persons depicting, describing or relating to specified sexual activities as defined herein. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS O. "Nude photographic parlor" means an establishment having a fixed place of business where any person, association, firm or corporation therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of photographing any person or persons depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein. P. "Specified anatomical areas" includes the following: human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. Q. "Specified sexual activities" means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus. R. "Substantial' means more than 25 percent of the book, magazine, film or video tape inventory is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 5. "Agriculture" means the use of land for purposes of growing the usual farm products, including vegetables, fruit, trees and grains; pasturage; dairying; animal and poultry husbandry; and the necessary accessory uses for treating or storing the produce, provided that the operation of such accessory uses is secondary to that of the regular agricultural activities. 6. "Alley" means a public way, other than a street, 20 feet or less in width affording secondary means of access to abutting property. 7. "Assisted living residential facility" means a building consisting of individual dwelling units where means and assistance for daily living activities are provided for residents, who are primarily elderly persons. Such facility must be licensed as a residential care facility or skilled nursing facility under Chapter 135C of the Code of Iowa. 8. "Automobile wrecking" means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot, parcel or tract of land, of three or more vehicles that, for a period exceeding 30 days, have not been capable of operating under their own power, and from which parts have been removed or are to be removed for reuse, salvage, or sale, shall constitute prima facie evidence of an automobile wrecking yard. 9. "Balcony" means a platform that projects from the wall of a building and is surrounded by a railing or balustrade. A balcony can be covered or uncovered and enclosed or unenclosed. 10. "Basement" means a story having part, but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulation. 11. "Bed and breakfast home" means a private single-family residence that provides lodging and meals for guests, in which the host and/or hostess resides and in CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS which no more than three guest families are lodged at the same time; and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations, and serves food only to overnight guests. 12. "Board" means the Board of Adjustment of the City. 13. "Boarding house" means a building other than a hotel or motel where, for compensation, meals, or lodging and meals are provided for four or more persons. 14. "Buffer zone" means an area of land used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. 15. `Building" means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards. 16. "Building, height of means the vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. (See Section 165.20 of these zoning regulations for illustrations.) 17. "Building line" means the outer boundary of a building established by the location of its exterior walls or any projections other than steps, unenclosed balconies, or unenclosed porches. is. "Building, temporary" means a building that is not permanently affixed to the property, and is permitted to exist for a specific reason for no more than two years. 19. "Bulk stations" means distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than 12,000 gallons. 20. "Brewpub" means a restaurant that brews ales, beers and similar beverages on site for either consumption on premises or offsite in hand capped or sealed containers in quantities up to one-half barrel or 15.5 gallons sold directly to the consumer. 21. "Cafe" means an informal establishment engaged in the preparation of food and beverages for consumption on premises that may or may not have an outdoor seating area. 22. "Carport" means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purpose of these zoning regulations, a carport attached to a principal building is considered as part of the principal building and subject to all yard requirements of these zoning regulations. 23. "Cellar" means that portion of a building having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement. 24. "Clinic, medical or dental" means a building or buildings in which physicians, dentists, or physicians and dentists, and allied professionals are associated for the purpose of carrying on their profession. 25. "Commission" means the Planning and Zoning Commission of the City. 26. "Consumer fireworks" means first-class consumer fireworks and second-class consumer fireworks as set forth under Chapter 100 of the Code of Iowa. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 27. "Consumer fireworks sales" means an establishment used for the retail display and sale of consumer fireworks. For the purposes of the Zoning Ordinance, a retail operation in which less than 50 percent of the retail floor space is devoted to the sale or display of second-class consumer fireworks shall not be considered a consumer fireworks sales use. 28. "Convenience store" means an establishment for retail sale of petroleum products and other supplies for motor vehicles, as well as for the retail sale of a variety of other items typically sold in grocery stores but not including the repair or sale of vehicles. 29. "Day nursery" or "nursery school" means any private or public agency, institution, establishment, or place that provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) or more unrelated children of the owners or operators, of preschool age, for compensation. 30. "Display fireworks sales" means an establishment used for the manufacturing, storage or distribution of any firework classified as a 1.3G Firework by the American Pyrotechnics Association. 31. "Distillery" means a place where alcoholic beverages (whiskey, vodka, gin, etc.) are produced typically in small quantities. 32. "District' means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform. 33. "Driveway" means a permanently surfaced area providing vehicular access between a street and an off-street parking or loading area. 34. "Dwelling" means any stationary, permanent building, or portion thereof, which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer or mobile home. 35. "Dwelling, condominium" means a multiple dwelling as defined herein whereby the title to each dwelling unit is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units with each owner having an undivided interest in the common real estate. 36. "Dwelling, multiple" means a residence designed for or occupied by three or more families, with separate housekeeping, bathroom, and cooking facilities for each. 37. "Dwelling, row" means any one of three or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall or walls, and is also referred to as a "townhouse." 38. "Dwelling, single-family" means a detached residence designed for or occupied by one family only. 39. "Dwelling, single-family, split foyer" means a dwelling in which living space is on two levels with a foyer between the two levels. 40. "Dwelling, single-family, split level" means a dwelling having living space on three or more levels, no part of which is more than two stories in height, and in which each successive level is less than a fall story higher than the next. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 41. "Dwelling, townhouse" means a dwelling unit which is detached or attached horizontally, and not vertically, to one or more other dwelling units, wherein the land or lot beneath each dwelling, may be individually owned by the owner of the dwelling. A townhouse subdivision shall have common elements, which are specified in or determined under the rules and regulations set forth by recorded covenants. Covenants for townhouse subdivision shall establish the guidelines for maintenance of common elements and permit free movement through common areas by member of the homeowners association to assure access to the structural exterior of each townhouse unit by the individual owner. 42. "Dwelling, two-family" means a residence designed for or occupied by two families only, with separate housekeeping, bathroom, and cooking facilities for each. 43. "Dwelling unit" means a room or group of rooms arranged, designed, or used as living quarters for the occupancy of one family and containing bathroom and kitchen facilities. 44. "Family" means a person living alone or in a group living as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities up to a maximum occupant dwelling load as provided in chapter 169 of this title. For the purposes of this definition, anyone who spends more than 90 nights within a 12 month period will be counted as an occupant. The definition of family does not include and is not intended to provide an exclusion for any of the following: A. More than eight people who are: a. Residents of a "family home" as defined in section 414.22 of the Iowa Code; or b. "Handicap" as defined in the Fair Housing Act, 42 USC section 3602(h) B. Any group of individuals who are in a group living arrangement as a result of criminal offenses; C. Andy group of individuals whose association is temporary, seasonal in nature or limited to the duration of an educational school year cycle; D. Any society, club, fraternity, sorority, association, lodge or like organization. 45. "Feed lot" means any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of livestock. Livestock includes cattle, horses, sheep, swine, poultry, goats, rabbits, and any other animals or fowl that are being produced primarily for use as food or food products for human consumption, or for laboratory or testing purposes. The feed lot does not include areas that are used for the raising of crops or other vegetation, and upon which livestock are allowed to graze or feed. 46. "Fences, walls and hedges" means decorative and/or enclosing devices used along boundary lines of lots. Fences, walls, and hedges may be constructed up to the lot line in accordance with the height rules set out in these zoning regulations. 47. "Garage, private" means an accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building. A private garage, of less than CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS four -car capacity, may be rented for the private vehicles of persons not resident on the premises. 48. "Garage, public" means a structure, other than a private garage, used for the shelter or storage of motor powered vehicles and in which the care, minor servicing, and washing are accessory to the principal use. 49. " 50. "Grade" means the average elevation of the finished ground at the exterior walls of structures. 51. "Home occupation" means a business, profession, occupation, or trade conducted for gain or support entirely within a residential building, or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building. 52. "Hotel/motel" means a building or buildings in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or rooming house. 53. "Junk" means old and dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, used building material, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds, or bedding or any other kind of scrap or waste material which is stored, kept, handled, or displayed for barter, resale, reuse, salvage, stripping, or trade. 54. "Junkyard" means any area where junk is bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking or structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded or salvaged materials necessary as a part of manufacturing operations. The presence on any property of four or more motor vehicles (as defined by Section 321.1 of the Code of Iowa) without current registration which for a period exceeding 30 days have not been capable of operating under their own power, and/or from which parts have been removed for re -use, salvage, or sale, shall constitute prima facie evidence of ajunk yard. 55. "Kennel" means the keeping of any dogs, cats, or other household pets of mammal group regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, veterinary clinic, or pet shop, as may be permitted by law, or the keeping of more than one dog or cat on vacant property or on property used for business or commercial purposes, shall constitute a kennel. The keeping of not more than three dogs and three cats in a residential district shall not be deemed to be a kennel, unless kept for sale, breeding, boarding or treatment purposes. Any person keeping more than three dogs and three cats in a residential district on the effective date hereof (September 10, 2001), licensed as required by ordinance, may continue to keep such dogs or cats during the pet's lifetime. 56. "Living space" means that part of the building which is enclosed and supported upon the main foundation system of the structure excluding garage and cellar. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 57. "Lodging or rooming house" means a building where a room or rooms are provided for compensation for four or more persons. 58. "Lot," for the purpose of these zoning regulations, is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or D. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these zoning regulations. 59. "Lot, corner" means a lot abutting upon two or more streets at their intersection. 60. "Lot, depth" means the mean horizontal distance between the front and rear lot lines. 61. "Lot, double frontage" means a lot having a frontage on two nonintersecting streets, as distinguished from a comer lot. 62. "Lot, interior" means a lot other than a corner lot. 63. "Lot lines" means the lines bounding a lot, including the right-of-way line of any public road, highway, or alley acquired by easement. 64. "Lot of record" means a lot that is part of a subdivision, or a plat of survey, the deed of which is recorded in the office of the County Recorder of Dallas County, or a lot or parcel described by metes and bounds, the description of which has been so recorded. 65. "Lot, reversed frontage" means a comer lot, the side street line of which is substantially a continuation of the front lot line of the first platted lot to its rear. (See Section 165.20 of these zoning regulations for illustrations of lot types.) 66. "Lot width" means the width of a lot measured at the building line and at right angles to its depth. 67. "Manufactured home" means a factory -built, single-family structure, which is manufactured or constructed under the authority of 42 USC section 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home. For the purpose of these zoning regulations, "manufactured home" shall be considered the same as any site built single-family detached dwelling. 68. "Mini warehouse" means a building or group of buildings not more than one story and 20 feet in height and not having any other dimension greater than 150 feet per building, containing varying sizes of individualized, compartmentalized, and CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS controlled stalls or lockers for the dead storage of customers' goods or wares, excluding junk, explosive or flammable materials, and other noxious or dangerous materials, including if any, caretaker's or supervisor's quarters as an accessory use. No business activities other than rental of storage units shall be conducted on the premises. 69. "Mobile home" means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets or highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory -built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Nothing in these zoning regulations shall be construed as permitting a mobile home in other than an approved mobile home park. 70. "Mobile home park" means any lot or portion of a lot upon which one or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodation. (See Section 165.20 of these zoning regulations for illustration of mobile home park setback lines.) 71. "Modular home" means factory -built housing certified as meeting the State Building Code and federal requirements applicable to modular housing. Once certified, modular homes shall be subject to the same standards as site built homes. 72. "Motel motor lodge" means a building or a group of attached or detached buildings containing individual sleeping or living units for overnight tourists, with garage attached or parking facilities conveniently located to each such unit. 73. "Nonconforming use" means use of a building or of land that does not conform to the regulations as to use for the district in which it is situated. 74. "Nonprofit institution" means a nonprofit establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational, or similar services to the public, groups, or individuals. Cooperative nonprofit associations, performing a service normally associated with retail sales or trade such as cooperative groceries, granaries, equipment sales, etc., are not considered nonprofit institutions under these zoning regulations. 75. "Nursing or convalescent home" means a building or structure having accommodations and where care is provided for three or more invalid, infirmed, aged, convalescent, or physically or mentally disabled or injured persons. 76. "Parabolic or dish type antenna" means a concave, circular or dish -shaped device designed for receiving communications or television signals from a satellite. 77. "Parking space, off-street" means a permanently surfaced area of not less than 171 square feet (9' x 19') plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or leaving the parking space, shall not encroach upon any public right-of-way. (See Section 165.20 of these zoning regulations for parking illustration.) CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 78. "Porch, unenclosed" means a roofed projection which has no more than 50 percent of each outside wall area permanently enclosed by a building or siding material other than meshed screens. 79. "Principal building" means any structure designed and used (or intended to be used) for one of the principal permitted uses listed in each of the zoning districts as set out in these zoning regulations. 80. "Principal use" means the main use of land or structures as distinguished from an accessory use. 81. "Restaurant" means an establishment that is principally engaged in the preparation and retail sale of food and beverages, including the sale of alcoholic beverages when conducted as a secondary feature of the use, producing less than 50 percent of the establishment's gross income. 82. "Rooming house" means a building where a room or rooms are provided for compensation to four or more persons. 83. -"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling or roof next above it is considered a story. 84. "Story, half' means a space under a sloping roof which has the line of intersection of roof decking and exterior wall face not more than four feet above the top floor level. 85. "Street line" means the right-of-way line of a street, alley, or road. 86. "Street or road, private" means any private right-of-way 20 feet or more in width which is approved by the Council after recommendation by the Commission. 87. "Street or road, public" means any thoroughfare or public way not less than 20 feet in width, which has been dedicated to the public or deeded to or acquired by the City or County for street purposes; and also, any such public way as may be created after enactment of these zoning regulations, provided it is 50 feet or more in width. 88. "Structural alterations" means any replacement or change in the type of construction or in the shape or size of a building or of the supporting members of a building or structure such as bearing walls, columns, beams, arches, girders, floor joists, or roof trusses, beyond ordinary repairs and maintenance. 89. "Structure" means anything constructed or erected with a rigid or fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences (more than 6 feet in height), billboards, solar collectors, and dish antennas. 90. "Travel trailer" means a recreational vehicle, with or without motive power, designed as a temporary dwelling, not exceeding 8 feet in width and 40 feet in length, exclusive of separate towing unit. The term "travel trailer" includes pickup coach, motor home, camp trailer, tent trailer, or other similar mobile and temporary dwellings commonly used for travel, recreation, or vacation quarters. 91. "Travel trailer park" means a parcel of land upon which two or more spaces are provided, occupied or intended for occupancy by travel trailers for transient purposes. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 92. "Vehicle, antique" means a motor vehicle 25 years old or older, as provided and regulated by Section 321.115 of the Code of Iowa. 93, "Vehicle, inoperable" means any motor vehicle that lacks current registration or two or more wheels or other component parts the absence of which renders the vehicle unfit for legal use on streets. 94, "Vehicle, motor" means a self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 95. "Yard" means an open space on the same lot with a building or structure unoccupied and unobstructed by any portion of a structure from 36 inches above the general ground level of the graded lot upward, except as may be provided by other sections of these zoning regulations. hi measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. In measuring a yard for the purpose of determining the width of a side yard, the least distance between the lot line and the nearest permitted building shall be used, except that in no case shall any eaves or overhang (or any other projection) extend into the said front, side, or rear yard by more than 24 inches. If eaves or overhangs exceed 24 inches, then the building shall be set back into the permissible building area as necessary to eliminate any eaves or overhangs from extending more than 24 inches. 96. "Yard, front' means a yard extending across the full width of the lot and measured between the front lot line and the front of the building other than the projection of the usual steps or unenclosed porches. The narrow frontage on a comer lot is considered the front lot line regardless of where the building entrance is located. See the definition of "yard" for eaves or overhang limitations. 97. "Yard, rear" means a yard extending across the full width of the lot and measured between the rear lot line and the building other than steps, unenclosed balconies or unenclosed porches. An unenclosed balcony or porch is one in which 50 percent or less of the side walls of said balcony or porch are enclosed by screen, glass, or other material and includes a deck. On both comer lots and interior lots, the rear yard is the opposite end of the lot from the front. See definition of "yard" for eaves and overhang limitations. 98. "Yard, side" means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building. See definition of "yard" for eaves or overhang limitations. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS [The next page is 1201] 165.03 NONCONFORMING USES AND STRUCTURES. Within the various districts established by these zoning regulations or amendments that may later be adopted, there exist structures and uses of land and structures that were lawful prior to the adoption of these zoning regulations but which would be prohibited, regulated, or restricted under the provisions of these zoning regulations. It is the intent of these zoning regulations to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by these zoning regulations to be incompatible with permitted uses in the districts involved. Nonconformities In Any Residential District A. Nonconforming Use of Land. The lawful use of land upon which no building or structure is erected or constructed, which becomes nonconforming under the terms of these zoning regulations as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these zoning regulations. (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of these zoning regulations. (3) If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located. B. Nonconforming Use of Structures. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of these zoning regulations, which would not be allowed in the district under the terms of these zoning regulations, the use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structure devoted entirely or in part to a use not permitted by these zoning regulations in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these zoning regulations. No such use shall be extended to occupy any land outside such building. (3) If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. ry:r_191105arl�I SITE AND BUILDING DEVELOPMENT STANDARDS (4) In the event that a nonconforming use of a structure (or structure and land in combination) is discontinued or abandoned for a period of six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (5) Any structure devoted to a use made nonconforming by these zoning regulations which is destroyed by any means to an extent of 60 percent or more of its assessed value cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure is less than 60 percent destroyed above the foundation, it may be reconstructed and used as before, provided it is done within six months of such happening, and is built of like or similar materials. C. Nonconforming Structures. Where a structure exists at the effective date of adoption or amendment of these zoning regulations, which could not be built under the terms of these zoning regulations by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No such structure may be enlarged or altered in a way that increases its nonconformity. (2) Should such structure be destroyed by any means to an extent of 60 percent or more of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these zoning regulations. 2. Nonconformities In Any District Other Than Residential. A. Nonconforming Use of Land. The regulations described in subsection 1(A) of this section shall also apply to this subsection. B. Nonconforming Use of Structures. The regulations described in subsection 1(B) of this section shall also apply to this subsection, with the following exception: Any structure in any district other than a residential district devoted to a use made nonconforming by these zoning regulations may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height, and parking requirements of the district in which located, provided such construction is limited to buildings on land owned, of record, by the owner of the land devoted to the nonconforming use prior to the effective date hereof. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of adoption of these zoning regulations. C. Nonconforming Structures. The regulations described in subsection 1(C) of this section shall also apply to this subsection. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 3. Required Repairs and Unauthorized Nonconformities. A. Nothing in these zoning regulations shall be deemed to prevent the restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. B. Any use of land, use of structure, or structure, in existence at the time of adoption of these zoning regulations, which was not an authorized nonconformity under any previous zoning ordinance or similar regulations, shall not be authorized to continue its nonconforming status pursuant to these zoning regulations or amendments thereto. 165.04 CONFORMANCE REQUIRED. Except as hereinafter specified, no building, sign, or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by these zoning regulations for the district in which the building or land is located. 165.05 STREET FRONTAGE REQUIRED. Except as permitted in Section 165.19 of this chapter, no lot shall contain any building used in whole or in part for single-family or two- family residence purposes unless such lot abuts for at least 40 feet on at least one public street. An exclusive unobstructed ingress/egress easement of access or right-of-way of at least 24 feet wide to a public street may be used to satisfy this requirement in unique circumstances as approved by the Council upon recommendation of the Commission. 165.06 ACCESSORY BUILDINGS. 1. Occupancy of Yard Area. Accessory buildings, regardless of height, which are constructed above the normal ground surface in any yard area shall not occupy more than 30 percent of the yard area in which it is located, except in an R-6 District; however, this regulation shall not be interpreted to prohibit the construction of a 440 square foot garage. The 30 percent maximum shall include the total of all accessory buildings and structures. Location. A. No accessory building shall be erected in any front yard. B. Accessory buildings must be erected separately from, and a minimum horizontal distance of six feet from, any principal building projection and may not be connected by a breezeway or similar structure. C. Accessory buildings shall not be constructed in such a way to impede drainageways or interfere with overland flowage easements. 3. Setback. A. Accessory buildings shall be distanced at least two feet from lot lines and easement lines, except within the R-6 District. B. In the case of a corner lot or a double frontage lot, accessory buildings shall be restricted to the building setback lines as shown on the approved plat. C. In no case shall any eaves or overhang extend closer than 12 inches to a rear or side yard line or an easement line. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 4. Height. No accessory building shall exceed 14 feet in height. Height is measured as the vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. 5. Design Characteristics. A. In all cases, accessory buildings shall be constructed of materials similar to the principal structure and in character with the surrounding built environment as determined by the administrative official. B. If any unenclosed balcony or unenclosed porch, including any deck, shall be constructed within six feet from any accessory building, the adjacent wall of said accessory building shall be not less than a two-hour fire wall. No unenclosed balcony or unenclosed porch or deck shall be constructed closer than three feet to any accessory building. 6. Principal Building Relationship. A. Any building so connected to the principal building shall be considered a part of the said principal building and must meet the space requirements thereof. B. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the administrative official has issued a certificate of occupancy for the principal building. 165.07 ACCESSORY STRUCTURES 1. Occupancy of Yard Area. Accessory structures that are constructed in any required yard area shall not occupy more than 30 percent of the yard area in which it is located. The 30 percent maximum shall include the total of all accessory structures and accessory buildings. 2. Location: A. Accessory structures shall be permitted in any yard unless specified herein. B. Accessory structures shall not be constructed in such a way to impede drainageways or interfere with overland flowage easements. 3. Setback. A minimum rear yard setback of five feet and a minimum side yard setback of two feet shall be maintained for accessory structures unless specified elsewhere in this title. 4. Decks: A. Decks not exceeding 50 square feet in area shall be permitted in any yard, provided a minimum side yard setback of five feet is maintained. B. Decks larger than 50 square feet shall be permitted only in rear yards. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 5. Miscellaneous Structures. Permanent uses, including but not limited to sport courts, tennis courts, and metal batting cages shall maintain a minimum rear yard setback of five feet and a minimum side yard setback of two feet. 6. Domesticated Animal Run. In residential districts, domesticated animal runs are permitted within the limits of rear yards. A five foot setback is required from all lot lines and adequate screening (landscaping and/or opaque fencing) shall be provided to reduce visibility and noise to the adjoining property owners. Pet runs/kennels shall not exceed six feet in height. 7. Domesticated Animal Exercise Yard. In commercial or industrial districts, a domesticated animal exercise yard, a structure for the exercise of domesticated animals, may be constructed adjacent to or as part of the principal structure, may be indoors or outdoors, and need not be climate controlled. Such structure shall not be utilized as the primary enclosure for any animal. If outdoors, such structure shall be screened with solid fencing and shall be set back at least 10 feet from any adjacent property. S. Swimming Pools. Swimming pools, hot tubs and saunas are permitted in any rear or side yard, provided a five foot setback shall be maintained from all side and rear property lines. 165.08 CORNER LOTS. For corner lots, platted or placed of record after December 29, 1981, the front yard regulation shall apply to each street side of the corner lot. (See Section 165.20 of this chapter for illustrations.) 165.09 YARDS AND OPEN SPACE. 1. Front Yard. In all residential districts, there shall be a minimum front yard required as stated in the bulk regulations for that particular district; provided, however, where lots comprising 30 percent or more of the frontage within 200 feet of either side lot line are developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. The required front yard as computed herein need not exceed 50 feet in any case. (See Section 165.20 of this chapter for illustrations.) 2. Reduction of Required Yazd or Open Space Prohibited. No yard or lot existing at the time of the effective date hereof shall be reduced in dimension or area below the minimum required by these zoning regulations. No part of a yard or other open space, or off-street parking or loading space provided about any building, structure, or use for the purpose of complying with the provisions of these zoning regulations, shall be included as part of a yard, open space, or off-street parking or loading space required under these zoning regulations for another building, structure, or use. 165.10 PERMITS PREVIOUSLY ISSUED. Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building, or part thereof, for which approvals and required permits have been granted before the enactment of these zoning regulations, the construction of which in conformance with such plans shall have been started prior to the effective date hereof and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 165.11 ZONING DISTRICTS DIVIDING PROPERTY. Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of these zoning regulations, each portion shall be considered as if in separate and different ownership. 165.12 HOME OCCUPATIONS. Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation, as provided herein, shall be determined by the administrative official pursuant to the provisions of these zoning regulations. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure. 1. Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions: A. Not more than one person who is not a resident on the premises shall be employed or independently contracted to conduct work on the premises unless specifically permitted elsewhere in this chapter. B. No more than 50 percent, including storage area, of no more than one floor of the dwelling unit, shall be devoted to the home occupation. C. No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling. D. No stock of goods shall be displayed or sold on the premises in excess of storage area available as defined in paragraph B of this subsection. E. The home occupation shall be conducted entirely within the principal dwelling unit or an approved accessory structure, and in no event shall such use be apparent from any public way. F. There shall be no outdoor storage of equipment or materials used in the home occupation. G. Not more than two commercially licensed vehicles used in connection with any home occupation shall be parked on the property. H. No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residence shall be permitted. I. No home occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other harmful, objectionable emissions. 2. Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, each such home occupation shall be subject to the use limitations set out in subsection 1 of this section. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS A. Providing instruction to not more than four students at a time. For private swim lessons, the following provisions shall be observed: (1) Hours of operation shall be limited to 8:00 a.m. through 5:00 p.m., Monday through Friday, and 10:00 a.m. through 4:00 p.m. on Saturdays and 1:00 p.m. through 4:00 p.m. on Sundays. (2) In addition to the residents of the premises, no more than three outside employees or independent contractors shall be permitted on the premises at any given time. B. Office facilities for accountants, architects, brokers, doctors, dentists, engineers, lawyers, insurance agents, and real estate agents. C. Office facilities for ministers, priests, and rabbis. D. Office facilities for salespersons, sales representatives, and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises. E. Studio of an artist, photographer, craftsperson, writer, or composer. F. Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his or her disability. G. Shop of a beautician, barber, hair stylist, dressmaker, or tailor. H. Bed and breakfast establishments limited to not more than three guest rooms. 165.12 OUTDOOR STORAGE RESTRICTIONS. 1. Unlicensed Motor Vehicles. Outdoor storage of motor vehicles not currently licensed shall be prohibited in all zoning districts, except motor vehicles held for sale by a licensed motor vehicle dealer at the dealer's place of business in a zoning district where motor vehicle sales are permitted. 2. Miscellaneous Vehicles, Junk and Debris. No person shall park, place, keep or store, or permit the parking or storage of a stock car, racing car, inoperable vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it is in a completely enclosed building. This regulation does not apply to legitimate businesses operating in a lawful place and manner; provided, however, such outside areas shall be screened from public view. 165.13 VISIBILITY AT INTERSECTIONS. On a comer lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of intersection of right-of-way lines. 165.14 FENCES, WALLS AND HEDGES. 1. Specifications. Notwithstanding other provisions of these zoning regulations, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard; provided, no fence, wall, or hedge shall exceed four feet in height within the building setback area adjacent to any public right-of-way. Six -foot -high fences are allowed only outside front yard building setback areas. (A "front" yard may be along the side or the rear of a home, if adjacent to the street.) Fences, walls, and hedges in any district other than M-1, M-IA and M- CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 2 districts not exceeding six feet in height are permitted within limits of side and rear yards. In M-1, M-1A and M-2 districts, fences and walls shall not exceed a height of eight feet. 2. Attractiveness of Face of Fence. For all new fences, the face of the fence shall be equally attractive on both sides. However, if one side of the fence is considered less attractive because of structural members, etc., the less desirable side of the fence shall be directed toward the developing property or away from the public right-of-way. 3. Double Frontage Lots. In the case of double frontage lots, the minimum setback on the secondary front yard shall not be less than 10 feet provided no landscaping buffer exists for a fence up to six feet in height. In the case that a landscape buffer exists, the minimum setback shall not be less than the width of the landscape buffer easement. with an arterial or collector street forming the rear property line for a fence up to six feet in height. Corner Lots. In the case of fences on corner lots, fences not exceeding six feet in height are permitted in the secondary front yard provided a minmum setback of 20 feet from the property line is maintained. 165.15 BUILDING LINES ON APPROVED PLATS. Whenever the plat of a land subdivision approved by the City Council and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in these zoning regulations unless specific yard requirements in these zoning regulations require a greater setback. Building lines shall be measured at the foundation. 165.16 WIND ENERGY CONVERSION SYSTEMS. 1. Purpose. The purpose of this section is to allow and encourage the safe, effective, and efficient use of small wind energy systems; identify locations in areas of the City which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; and enhance the ability of the providers of wind energy services to provide such services to the community quickly, efficiently, and effectively. 2. Definitions. A. "Blade" means an element of a wind turbine which acts as a part of an airfoil assembly, thereby extracting, through rotation, kinetic energy directly from the wind. B. "Climbing apparatus" means a fixed piece of equipment used to move an individual up or down the tower. C. "Height, total system" means the height above grade of the wind energy system, including the tower generating unit, and the highest vertical extension of any blades or rotors. Height shall be measured from the adjacent grade of the tower to the tip of the turbine (blade) at its highest point. D. "Meteorological equipment" means equipment primarily used to measure wind speed and directions, including other data relevant to locating an operational wind energy conversion system. E. "Qualified professional" means an individual certified by the manufacturer of a wind energy conversion system as qualified to install and/or maintain that manufacturer's wind energy conversion system. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS F. "Rotor diameter" means the diameter of the circle described by the moving rotor blades. G. "Shadow flicker" means alternating changes in light intensity caused by the moving blade of a wind power generator casting shadows on the ground and stationary objects such as the window of a dwelling. H. "Tower" means a vertical structure that supports the electrical generator, rotor blades, or meteorological equipment. Tower shall be limited to a single pole that is constructed without the support of guywires. I. "Wind energy conversion system" means a system consisting of at least one of the following: a wind turbine, a tower, and associated control or conversion electronics, and which is intended to reduce on -site consumption of utility power, is incidental and subordinate to a permitted use on the same parcel, and has a rated capacity of up to 100 kilowatts. Wind energy conversion systems shall not be permitted within any R-1, R-2, R-4, R-5 or R-6 zoning district. No roof -mounted wind energy conversion system shall be allowed. J. "Wind turbine" means any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy. 3. Accessory Use. A wind energy conversion system shall only be allowed as an accessory use to a permitted principal use and shall require approval of a site plan by the Council upon recommendation by the Commission prior to construction, installation, alteration, or location of such structure. The Commission and Council may review a site plan at any time if an approved system does not comply with the rules set forth in this section and the conditions imposed by the Council upon recommendation by the Commission. The Council, upon recommendation of the Commission, may set additional terms or time frame for compliance for the wind energy conversion system. The owner/operator of the wind energy system shall obtain all other permits required by federal, State, and local agencies prior to construction of the system. 4. Public Notification. Following review of the site plan request for completion, the director of development services shall set the Planning and Zoning Commission meeting date. Notice will be sent to the surrounding property owners within 200 feet of the property having the site plan considered. Notice shall be sent not less than seven days or more than 20 days prior to the Commission meeting at which the site plan is first considered. The notice shall contain the date, time, and location of the Commission meeting and Council meeting. 5. Site Plan Disapproval. hi the case of a proposed site plan for a wind energy conversion system, if the Commission disapproves of the site plan, such site plan shall require the favorable vote of at least four -fifths of all of the members of the Council. 6. Bulk Regulations. A. Minimum Lot Size. One acre minimum lot size required for any tower -mounted wind energy conversion system. B. Minimum Setback Requirements. All wind energy conversion systems shall require a setback of 110 percent of the total system height from any property line. C. Maximum Height. Height shall be measured from the adjacent grade of the tower to the tip of the turbine (blade) at its highest point. (1) For lots of one and fewer than three acres, the maximum height shall be 60 feet. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS (2) For lots of three to seven acres, the maximum height shall be 80 feet. (3) For lots of more than seven acres, the maximum height shall be 100 feet. D. Number of Systems Allowed. No more than one wind energy system may be placed on any parcel. E. Location. (1) Tower -mounted wind energy conversion systems shall only be located outside of any minimum building setback requirements. (2) No part of a wind energy conversion system shall be located within or over drainage, utility or other established easements, or on or over property lines. (3) A wind energy conversion system shall be in compliance with the guidelines of the federal aviation administration (FAA) regulations. (4) No wind energy conversion system shall be constructed within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet. 7. Minimum System Design Standards. The following standards are required of all wind energy conversion systems and shall be deemed to be conditions of approval for every wind energy system. A. Color. The wind energy conversion system shall be white or light gray in color. Other neutral colors may be allowed at the discretion of the Council upon recommendation of the Commission. The surface of the structure shall be non -reflective. B. Lighting. No lights shall be installed on the tower, unless required by the Federal Aviation Administration (FAA). C. Signs. One sign, limited to four square feet, shall be posted at or near the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner/operator to call in case of emergency. Such sign shall be directly visible from any external fencing and/or landscaping. Brand names or advertising associated with any installation shall not be visible from any public right-of-way. D. Clearance of Blade Aboveground. No portion of the tower mounted wind energy conversion system shall extend within 30 feet of the ground. No blades may extend over parking areas, driveways or sidewalks. E. Installation. Installation must be done by a qualified professional and according to manufacturer's recommendations. F. Noise. The wind energy conversion system shall not exceed the requirements established in Chapter 52 of this Code of Ordinances. G. Use of Electricity Generated. A wind energy conversion system shall be used exclusively to supply electrical power for on -site consumption, except that when a parcel on which a wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the wind energy system and not CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS presently needed for on -site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code. H. Automatic Over -Speed Controls. All wind energy conversion systems shall be equipped with manual and automatic over -speed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system. I. Electromagnetic Interference. All blades shall be constructed of a nonmetallic substance. No wind energy conversion system shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No wind energy conversion system shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. J. Interconnection. The wind energy conversion system, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board. K. Wind Access Easements. The enactment of this section does not constitute the granting of an easement by the City. The owner/operator shall provide covenants, easements, or similar documentation to assure sufficient wind to operate the wind energy conversion system unless adequate accessibility to the wind is provided by the site. L. Shadow Flicker. A shadow flicker model demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned parcel may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500 vehicles on the roadway. The shadow flicker model shall: (1) Map and describe within a 1,000-foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed. (2) Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations. (3) Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including (but not limited to) a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures. M. Appearance. The property owner of any wind energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall maintain the ground upon which the CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any structures remain quality in appearance. N. Climbing Apparatus. The tower must be designed to prevent climbing within the first 10 feet. 8. Application Process. All applicants who wish to locate a wind energy system must submit to the city's development services department a plan including the following information: A. Complete property dimensions. B. Location and full dimensions of all buildings existing on the property where the system is located, including exterior dimensions, height of buildings, and all uses on the property. C. Location and distances of all buildings within 200 feet of the property and uses on property. D. Location and dimensions of any other natural or manmade features within 200 feet of the property such as trees, ridges, highways, streets, bridges, and underpasses. E. Location of all easements upon the property where the system is to be located. F. Proposed location of tower, including height and setbacks from property lines. G. Drawings, to scale, of the structure, including the tower, base, footings and guywires, if any, and electrical components. The drawings and any necessary calculations shall be certified by a licensed engineer as meeting the requirements of the City building codes. H. Certification from a licensed engineer or qualified professional that the rotor and over speed controls have been designed for the proposed use on the proposed site. I. Evidence that the proposed wind energy conversion system model has an operational history of at least one year. J. Evidence that the applicant has notified the utility that the customer intends to install an interconnected customer owned generator, and that the generator meets the minimum requirements established by the utility and the Iowa Utilities Board. Off -grid systems are exempt from this requirement. K. Evidence that the wind energy conversion system does not violate any covenants of record. L. Evidence from a qualified professional that the site is feasible for a wind energy conversion system, or that covenants, easements, and other assurances to document sufficient wind to operate the wind energy conversion system have been obtained. M. Evidence that the proposed wind energy conversion system will comply with applicable federal aviation regulations, including any necessary approvals from the Federal Aviation Administration. N. Evidence that the applicant can obtain and maintain adequate liability insurance for the facility. O. A noise study, if applicable. P. A shadow flicker model, if applicable. Q. Any other evidence or information as required by the Commission and Council. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 9. Abandonment. Any wind energy system that is not operated for a period of 180 consecutive days shall be considered abandoned and shall constitute a nuisance. Within the next 180 days, after notice from the City, the owner shall reactivate the tower or it shall be dismantled and removed at the owner's expense. Removal of the system includes the entire structure including foundations, transmission equipment, and fencing from the property. If the abandoned wind energy system is not removed in the specified amount of time, the City may remove it and recover its costs from the wind energy conversion system owner or owner of the ground upon which it is located. 10. New Technologies. Should new technology present itself within the term of any permit or lease that is more effective, efficient, and economical, the permit holder may petition the City to allow the upgrade, provided the upgrade does not alter the conditions set forth in this section. i t . Liability and Damages. The owner/operator of a wind energy conversion system must demonstrate adequate liability insurance. Upon the granting of a permit, the applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments and costs of any kind, including reasonable attorney's fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use or removal of the facility. 12. Engineer Certification. Applications for wind energy conversion systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the applicable regulations and certified by a licensed professional engineer shall also be submitted. For roof mounted structures, an engineering analysis of the mounting method showing compliance with all applicable regulations and certified by a licensed professional engineer shall also be submitted. 13. Utility Notification. A wind energy conversion system shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer -owned generator. 14. Inspections. At least every 24 months, every tower shall be inspected by a qualified professional who is regularly involved in the maintenance, inspection and/or erection of towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the electronics industries association (EIA) standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of the inspection record shall be provided to the City. 165.17 TEMPORARY USES. The City recognizes that in certain instances, some flexibility to allow activities or uses on a limited duration out of the confines of a building can be beneficial to business interests, as well as the consumers and the City alike, provided such events continue to promote the public health, safety and general welfare. These regulations are intended to prescribe the conditions under which limited duration temporary sales may be permitted on private property, public property, parks, sidewalks and streets. 1. Definitions. For the purpose of this section, the following terms have or include the following meanings: A. "Temporary use" means any sales in any nonresidential district, including (but not limited to) the sales of fresh fruits/vegetables, baked goods, and hand crafted items, provided such use is authorized in such Zoning District. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS B. "Temporary structures" means any constructed or erected structure, including (but not limited to) a shed, building, vehicle, trailer, tent, or enclosure of any kind used for commercial or business purposes and which any person or business intends to place on the same lot with or on any lot adjacent to, any permanent structure used for business or commercial purposes. C. "Garden center" means a place of business where retail and wholesale products and produce are sold. The items sold may include, but are not limited to, plants, nursery products, potting soil, and gardening tools and utensils. D. "Produce stands" means a temporary structure used for the display and sale of raw fruits and vegetables. E. "Food/beverage stand" means a temporary structure used for the display and sale of prepared food and beverages. 2. Uses Exempt from Temporary Use Permits. A. Farmer's markets sponsored by the City of Waukee or the Downtown Business Association. B. Produce stands that meet the following conditions: (1) The temporary structure and sales area shall not exceed more than two parking spaces or 360 square feet. (2) The site area shall be cleaned of debris, temporary structures, and any other objects associated with the temporary use at the end of each business day. (3) No sign permit is required for temporary signage, provided the sign shall not be placed within the public right-of-way and the sign shall not exceed 12 square feet in total size. (4) The vendor shall acquire permission from the property owner prior to any temporary use on the property. (5) Produce stands shall conform to the requirements set forth in subsection 3 of this section. 3. General Regulations. The following regulations shall apply to all temporary uses: A. Permitted Zones. A temporary sales use is authorized for consistent uses permitted in each respective nonresidential zoning district subject to the requirements of this chapter and all other federal, State and local ordinances and regulations. B. No temporary use shall exceed a period of more than six months of a 12-month period, unless otherwise specified by the Administrative Official. C. All temporary structures shall conform to the zoning setback requirements. D. The proposed temporary use shall not affect the driveway access or traffic circulation on the property. E. The applicant shall provide, as determined by the Administrative Official, adequate facilities for disposal of trash and waste, e.g. grease, associated with the temporary use. F. Permanent sanitary facilities located within an adjacent building shall be made available to all employees of the activity during its operational hours, as approved by the Administrative Official, in concurrence with the County Health Department, unless stipulated otherwise in this chapter. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS G. Demonstrate compliance with federal, State and local law. 4. Temporary Use Regulations. A permit may be issued for the following temporary uses when the following criteria are met: A. Produce stands that do not meet the qualifications set forth in subsection 2 of this section. B. Garden Centers. (1) Maximum Square Footage. Site -by -site basis. (2) Restrictions on Merchandise and Products. This use is limited to the display of green goods, i.e., plants, and associated garden products determined to be consistent with the intent of a garden center (may be extended to the sale of Christmas trees), with the approval of the Administrative Official. (3) Safety Standards. In order to promote the safety of the patrons of these facilities, patrons of nearby permanent facilities, motorists and pedestrians the following shall be required. a. All sales areas shall be separated from vehicular uses by the placement of a fence or barrier acceptable to the Administrative Official to prevent pedestrian and vehicular conflicts. b. Temporary drive aisles shall be maintained at a minimum of 12 feet in width for one-way traffic and 24 feet in width for two-way traffic. Barriers, fencing, or some other physical markers shall clearly inform drivers at the end of the parking area and the start of the drive aisle. A clear line of sight shall be maintained at the entrance and exit of the temporary drive aisles. C. Vehicle loading areas shall be located in an area that minimizes pedestrian and vehicle conflict and provides for the safe loading of merchandise and vehicles access to and from the traffic lanes to the loading area, preferably without backing movements. C. Food/Beverage Stands. (1) Maximum Square Footage. 360 square feet. (2) Health Standards and Licensing. The applicant must obtain licensing, liquor permits, certificates of inspection, or other documentation necessary to comply with all applicable requirements of the State, County, or municipality regarding health standards. a. Water Service. The structure used for dispensing of food and beverage shall provide self-contained hot and cold running water with appropriate holding facilities of wastewater. b. Wastewater Disposal. Any wastewater shall be collected and disposed in a manner acceptable to the City and shall be explained in the application for a permit. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS (3) Cleanup. The site area shall be cleaned of debris, temporary structures and any other objects associated with the temporary use within three days after the termination of sales. (4) Signage. All signage associated with temporary uses shall comply with the regulations of Chapter 167 (Sign Regulations) of this Code of Ordinances. (5) Parking Spaces. The number of additional parking spaces required and the location of such shall be determined by the Administrative Official. The maximum number of permanent parking spaces allowed to be used for operation of an extended use shall not exceed 20 percent of the parking on a site plan that was approved by the City to be counted toward the allowable size of the activity or 20 percent of the site area, whichever is more restrictive. (6) Documentation. Proof of ownership or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place, shall be presented at the time the temporary use permit is requested. (7) Plan. A plan of the layout of the proposed temporary use shall be submitted to the Development Services Department with the application, to be reviewed and approved by the Administrative Official. The layout shall identify the following: a. The area on the site proposed to be utilized as part of the temporary use and associated sales area. b. Proposed modifications to the traffic patterns and methods proposed to notify patrons and identify the temporary traffic pattern changes, e.g., signage, traffic cones, fencing and barriers, etc. C. Proposed vehicle loading zone. d. Location of electrical connection and water connection, if applicable. 5. Other Temporary Uses. For any other temporary use for the sale of goods and services, which use has not been addressed previously in this chapter, a permit may be issued when the following criteria are met: A. All other temporary uses shall conform to the requirements set forth in subsections 4(C)(3) through (7). B. Temporary uses related to the sale of combustible materials shall not be located closer than 100 feet from the nearest permanent structure. C. All applicants shall be responsible for submitting a site plan following the requirements set forth in Chapter 160 of this Code of Ordinances. Such site plan shall require approval by the City Council. D. Maximum Space: 360 square feet. E. Comply with all other requirements of federal, State and local law. 6. Violations and Penalties. The operation of a temporary use is a privilege allowed by this section. A temporary use permit may be revoked and terminated at any time by order of CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS the Administrative Official, Fire Chief, Police Chief, or Building Official if the temporary use is deemed to be a life safety hazard toward pedestrians, vehicles, or property, or if the temporary use fails to comply with the terms of the permit or other City Ordinances. 165.18 SOLAR ENERGY SYSTEMS. 1. Purpose. The purpose of this section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City finds these regulations are necessary to ensure that solar energy systems are appropriately designed, sited and installed. 2. Definitions. A. "Collector panel" means an equipment assembly used for gathering, concentrating, or absorbing solar energy as useful thermal energy or to generate electric energy. B. "Height, total building mounted system" means the height above the roof surface measured perpendicular to the roof specific to the installation on a sloped roof or the height above the roof surface specific to the installation on a flat roof. C. "Height, total ground mounted system" means the height above grade of the system from the highest point, including the supporting structure, related equipment and the collector panels. Adjustable angle systems will be measured from the highest point when the system is at its maximum vertical extension. D. "Large solar energy system" (LSES) means a solar energy system which has a nameplate rated capacity of over 15 kilowatts in electrical energy or 50 KBTU of thermal energy for non -single-family residential uses and districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered an LSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed by the owner for on -site use may be used by the utility company in accordance with 199 IAC 15.11(5), as amended from time to time. E. "Off grid" means an electrical system that is not connected to a utility distribution grid. F. "Small solar energy system" (SSES) means a solar energy system which has a nameplate rated capacity of up to 15 kilowatts in electrical energy or 50 KBTU of thermal energy for residential uses and districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered an SSES only if it supplies electrical power or thermal energy solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed by the owner for on -site use may be used by the utility company in accordance with 199 LAC 15.11(5), as amended from time to time. G. "Solar access" means a property owner's right to have sunlight shine on his land. H. "Solar energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use or photovoltaic use. I. "Solar energy system, building integrated" means a solar photovoltaic system that is constructed as an integral part of a principal or accessory building and where the collector component maintains a uniform profile or surface with the building's vertical walls, window openings, and roofing. Such a system is used in lieu of an architectural or structural component of the building. A building integrated system may occur within vertical facades, CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS replacing glazing or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems. To be considered a building integrated solar energy system, the appearance of the collector components must be consistent with the surrounding materials. J. "Solar energy system, building mounted" means a solar energy system which is securely fastened to any portion of a building roof, whether attached directly to the principal or accessory building. K. "Solar energy system, ground mounted" means a solar energy system which is not located on a building and is ground mounted. L. "Solar energy system" (SES) means an aggregation of parts including the base, supporting structure, photovoltaic or solar thermal panels, inverters and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert radiant energy from the sun into mechanical or electrical energy. M. "Utility scale solar energy system" means a solar energy system which supplies electrical power or thermal energy solely for use by off -site consumers. 3. General Regulations. A solar energy system (SES) shall only be allowed as an accessory use to a permitted principal use as follows: A. A building integrated system. B. A building mounted system attached to the roof of an accessory or primary structure. C. A ground mounted system as a detached accessory structure to a primary structure shall only be allowed on property zoned commercial or industrial with a minimum lot size of two acres. D. Large solar energy systems (LSES) shall only be allowed on property zoned industrial. E. Utility scale solar energy systems are not allowed. 4. Permit Required. It is unlawful to construct, erect, install, alter or locate any solar energy system (SES) within the City of Waukee, unless approved with: A. Building permit in A-1, R-1 and R-2 zoning districts. B. Site plan, major or minor modification to a site plan permit for all other zoning districts. C. The owner/operator of the SES must also obtain any other permits required by other federal, state and local agencies/departments prior to erecting the system. 5. Installation. Installation must be done according to manufacturer's recommendations. All work must be completed according to the applicable building, fire and electric codes. All electrical components must meet code recognized test standards. 6. Engineer Certification. Applications for any SES shall be accompanied by standard drawings of the receiving structure if newly constructed, including the supporting frame and footings. For systems to be mounted on existing buildings, an engineering analysis showing sufficient structural capacity of the receiving structure to support the SES per the applicable code regulations, certified by an Iowa licensed professional engineer shall be submitted. 7. Color. The SES shall be a neutral color. All surfaces shall be nonreflective to minimize glare that could affect adjacent or nearby properties. Measures to minimize CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS nuisance glare may be required including modifying the surface material, placement or orientation of the system, and if necessary, adding screening to block glare. 8. Lighting. No lighting other than required safety lights or indicators shall be installed on the SES. 9. Signage. No advertising or signage other than required safety signage and equipment labels shall be permitted on the SES. 10. Maintenance. Facilities shall be well maintained in an operational condition that poses no potential safety hazard. Should the SES fall into disrepair and be in such dilapidated condition that it poses a safety hazard or would be considered generally offensive to the senses of the general public, the SES may be deemed a public nuisance and may be abated in accordance with Chapter 50 of this Code of Ordinances. 11. Displacement of Parking Prohibited. The location of the SES shall not result in the net loss of required parking as specified in Chapter 168 of this Code of Ordinances. 12. Utility Notification. No SES that generates electricity shall be installed until evidence has been given that the utility company has been informed of and is in agreement with the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement. 13. Interconnection. The SES, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa utilities board. 14. Restriction on Use of Energy Generated. An SES shall be used exclusively to supply electrical power or thermal energy for on -site consumption, except that excess electrical power generated by the SES and not presently needed for on -site use may be used by the utility company in accordance with 199 IAC 15.11(5). 15. Shutoff. A clearly marked and easily accessible shutoff for any SES that generates electricity will be required as determined by the Fire Department. 16. Electromagnetic Interference. All SESs shall be designed and constructed so as not to cause radio and television interference. If it is determined that the SES is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the appropriate City authority. A permit granting an SES may be revoked if electromagnetic interference from the SES becomes evident. 17. Solar Access Easements. The enactment of this section does not constitute the granting of an easement by the City. The owner/operator may need to acquire covenants, easements, or similar documentation to assure sufficient solar exposure to operate the SES unless adequate accessibility to the sun is provided by the site. Such covenants, easements, or similar documentation is the sole responsibility of the owner/operator. Should the owner/operator pursue a solar access easement, the extent of the solar access should be defined and the easement document executed in compliance with the regulations contained in Chapter 564A (access to solar energy) of the Code of Iowa. 18. Compliance with National Electric Code. Applications for SESs shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. 19. Removal. If the SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned. The owner/operator shall remove the CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS abandoned system at their expense. Removal of the system includes the entire structure, collector panels and related equipment from the property excluding foundations. Should the owner/operator fail to remove the system, the SES will be considered a public nuisance and will be abated in accordance with Chapter 50 of this Code of Ordinances. 20. Screening. SESs that are visible from the public thoroughfare or adjacent properties that are located on flat roofs will require screening in accordance to regulations for screening of mechanical units noted in Chapter 160, Site and Building Development Standards, of this Code of Ordinances. The need for and type of screening to be used shall be identified as part of the building permit, major or minor modification to a site plan or site plan permit submittal. SESs located on a sloped roof shall not be required to be screened. 21. Nonconforming Systems. An SES that has been installed on or before the effective date of this section and is in active use and does not comply with any or all of the provisions of this section shall be considered a legal nonconforming structure and will be regulated by the provisions noted in Section 165.03 of this Code of Ordinances. 22. Unsafe Condition. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any SES or associated building or structure, or part thereof declared to be unsafe by the appropriate authority. 23. Bulk Regulations. A. Location of Ground Mounted SES: (1) No part of an SES shall be located within or over drainage, utility or other established easements, or on or over property lines. (2) The SES shall be located in accordance to the regulations for detached accessory structures in this chapter or not less than one foot from the property line for every one foot of the system height measured at its maximum height, whichever is most restrictive. (3) An LSES cannot be located in the front yard setback. (4) An SES shall not be located in any required buffer. (5) The setback from underground electric distribution lines shall be at least five feet. (6) No SES shall be located which may obstruct vision between a height of 30 inches and 10 feet on any corner lot within a vision triangle of 25 feet formed by intersecting street right-of-way lines. B. Location of Building Mounted SES: (1) The solar energy system shall be set back not less than one foot from the exterior perimeter of the roof for every one foot the system extends above the parapet wall or roof surface. (2) Should the solar energy system be mounted on an existing structure that does not conform to current setback requirements, the solar energy system shall be installed to meet the current setback requirements applicable to the receiving structure. (3) The systems shall be designed to minimize their visual presence to surrounding properties and public thoroughfares. Panel arrangement shall take in account the proportion of the roof surface CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS and place the panels in a consistent manner without gaps unless necessary to accommodate vents, skylights or equipment. (4) Access pathways for the SES shall be provided in accordance to all applicable building, fire and safety codes. (5) The systems shall be located in such a manner that fall protection railings are not required or are not visible from the public thoroughfare. C. Location of Building Integrated SES. (1) No setback required. (2) Access pathways for the SES shall be provided in accordance to all applicable building, fire and safety codes. (3) Shall be located in such a manner that fall protection railings are not required or are not visible from the public thoroughfare. D. No SES shall be constructed within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). E. Height of Ground Mounted SES. The maximum height of the SES shall not exceed 20 feet in height as measured from existing grade. F. Height of Building Mounted SES: (1) The collector panel surface and mounting system shall not extend higher than 18 inches above the roof surface of a sloped roof. (2) The collector panel surface and mounting system shall not extend higher than seven feet above the roof surface of a flat roof. G. Height of Building Integrated SES. The collector panel shall maintain a uniform profile or surface with the building's vertical walls, window openings, and roofing. H. Calculation of Size. Size of the SES is calculated by measuring the total surface area of the collector panels for the system. I. Size of Ground Mounted SES: (1) The SES is restricted in size to no more than 50 percent of the area of the primary structure footprint. (2) The maximum length of an individual ground mounted SES shall be restricted to 125 feet. J. Size of Building Mounted SES. System size will be determined by the available roof area subject to the installation minus the required setbacks or access pathways. K. Size of Building Integrated SES. System size will be determined by the available building surface area subject to the installation minus the required access pathways. L. In no case shall an SSEs exceed the nameplate rated capacity of 15 kilowatts or 50 KBTU. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 24. Application Required. Application for an SES shall be made on forms provided by the City of Waukee. No action may be taken regarding requests for SESs until completed applications have been filed and fees paid. 165.19 EXCEPTIONS, MODIFICATIONS AND INTERPRETATIONS. 1. Structures Permitted Above Height Limit. No permit will be issued for any structure above district height limits, except as specifically approved by the City Council. 2. Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets. 3. Rear and Side Yards Adjacent to Alleys. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens to an alley, one-half of the alley width may be included as a portion of the rear or side yard, as the case may be. 4. Other Exceptions to Yard Requirements. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for ordinary projections, not to exceed 24 inches, including roof overhang. 5. Front Yard; Exceptions. In areas where some lots are developed with a front yard that is less than the minimum required for the district by these zoning regulations or where some lots have been developed with a front yard greater than required by these zoning regulations, the following rule shall apply. Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of 200 feet, measured from building to building, except as follows: A. Buildings located entirely on the rear half of a lot shall not be counted. B. No buildings shall be required to have a front yard greater than 50 feet. C. If no building exists on one side of a lot within 200 feet of the lot in question, the minimum front yard shall be the same as the building on the other side. 6. Zoning of Annexed Areas. Any land annexed to the City after the effective date hereof shall be zoned A-1 Agricultural until the Commission and Council shall have studied the area and adopted a final zoning plan for the area in accordance with Section 166.20 of these zoning regulations. 7. Exceptions to Prohibited Uses. The Council may, by special permit after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by these zoning regulations. Notice of time and place of hearing shall be given to all affected property owners within 200 feet at least 7 days in advance of hearing by placing notice in the United States mail. A. Any public building erected and used by any department of the City, Township, County, State or federal government. B. Airport or landing field. C. Community building or recreation center. D. Hospitals, nonprofit fraternal institutions (provided they are used solely for fraternal purposes), and institutions of an educational, religious, or philanthropic character; provided, the building shall be set back from all yard lines a distance of not less than two feet for each foot of building height, but not less than the yard requirements for the district in which located. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS E. Public cemetery. Before issuance of any special permit for any of the buildings or uses listed in this subsection, the Council shall refer the proposed application to the Commission, which shall be given 45 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building of use above referred to until and unless the report of the Commission has been filed; provided, however, if no report is received from the Commission within 45 days, it shall be assumed that the approval of the application has been given by the Commission. 8. Use of Existing Lots of Record. In any district where dwellings are permitted, a dwelling may be located on any lot of record as of the effective date hereof irrespective of its area or width; provided, however: A. The sum of the side yard widths of any such lot or plot shall not be less than 20 percent of the width of the lot, but in no case less than 10 percent of the width of the lot or five feet, whichever is greater, for any one side yard. B. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case less than 20 feet. Water and Sewage Requirements. A. In any district in which residences are permitted, except the A-1 and AR districts, and where neither public water supply nor public sanitary sewer is available, the minimum lot area and frontage requirements shall be as follows: (1) Lot Area — 20,000 square feet; (2) Lot Width at Building Line —100 feet; provided, however, that where a public water supply system is available, these requirements shall be 15,000 square feet, and 100 feet, respectively. B. The above requirements shall not apply in subdivision developments providing private common water supply and sewage collection and disposal systems that have been approved by the Iowa Department of Natural Resources. C. In all districts where a proposed building, structure, or use will involve the use of private sewage facilities, and public sewer and/or water is not available, the sewage disposal system and domestic water supply shall comply with all of the requirements and standards of the Dallas County Board of Health. 165.20 ILLUSTRATIONS. See the following pages for various illustrations, which are applicable to the provisions of these zoning regulations: CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS WHEN 8 IS GREATER THAN A, C 15 A CELLAR LESS THAN ORY A C HALF STORY TORY WHEN 8 15 LESS THAN A. C IS A 8ASEMENT CELLAR, BASEMENT, HALF STORY, STORY END VIEW SIOE VIEW Deck Ltnf —� H 1- MANSARO ROOF t/2 - ti PITCH COAOLE) ROOF owl HIP ROOF FIAT ROOF BUILDING HEIGHTS CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS FIRST STREET REVERSED FRONTAGE( I (CORNER L07 I : LOT --1 I INTERIOR HOTS REVER52DI i I I :CORNER FRONTAGE LOT LOT SECOND STREET DOUBLE FRONTAGE LOTS THIRD STREET I 1 REAR YARD Lass; Deeth 1 j SIDE YARD i SIDE YARD Least Width Least Width I. BUILDING OR __1 __w- ET BACK LINE Least Depth ' _^ +FRONT YARD THIRD ---PRCPERTY LINES STREET LOT AND YARD DEFINITIONS CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS MARQUEE FASCIA UIPEA ROOF PROJECTING DIRECTORY DIRECTIONAL MONUMENT S��IkG} �\Enau FREE STANDING SIGN TYPES SIGN AREAS CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS U MINIMUM SETBACK AI^ NEW LOTS OLDER LOTS A=MINIMUM SETBACK LINE 314A-MMIMUM SETBACK LINE AVERAGESETBACK Y __ I_ 1 ®^ y t 1 X � p t 1 1 © t o 1 t w j 1 1 200, —+-- 2001 X-BLDGS. ENTIRELY ON THE REAR HALF OF LOTS SHALL NOT BE COUNTED Y+REVERSE CORNER LOTS SHALL NOT BE COUNTED S=MINIMUM SETBACK OF PROPOSED BLOC. S=A4B+C+D 4 BUILDING SETBACK LINES CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS PARKING STALL REQUIREMENTS Degree of Angle Stall to Curb (A) Aisle Width (B) Curb Length (C) 0 9.0 feet 12 feet 20 feet 45 19.83 feet 13 feet 12.75 feet 60 21 feet 18 feet 10.5 feet 90 19 feet 24 feet 9 feet c DIMICr VEHICUM MANEUVERING AREA I TS'WHEN A, CORM DISTRICT ABUTS AN R DISTRICT L�T,T Fr VEHICULAR OVERHANG WHEEL BARRIER 9' X 19' RETANGULAR PARKING STALL CURB - PERMEABLE MATERIAL ...... AND LANDSCAPED S' VEHICULAR FRONT YARD SETBACK AREA C DISTRICT TYPICAL PARKING LOT LAYOUT CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS N ROAD E6' I I I -;- CC I i ------ I I I j 6 6 i5' z STRUCTURE 6r MOBILE HOME I m PROPERTY LINE i MOBILE HOME PARK SETBACK LINES CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS CHAPTER 166 ZONING REGULATIONS ADMINISTRATION AND ENFORCEMENT 166.01 Administrative Official 166.11 Planning and Zoning Commission 166.02 Duties of Administrative Official and Agencies 166.12 Right of Appeal; Fee 166.03 Building Permit Required 166.13 Hearings; Notice 166.04 Application for Building Permit 166.14 Administrative Review 166.05 Certificates of Zoning Compliance for New, 166.15 Special Exceptions Altered, or Nonconforming Uses 166.16 Variances 166.06 Expiration of Building Permit 166.17 Decisions of Board 166.07 Compliance with Authorized Construction and Use 166.18 City Council Remand 166.08 Complaints Regarding Violations 166.19 Appeals From Decision of Board 166.09 Enforcement 166.20 Rezoning and Text Amendments 166.10 Board of Adjustment Created 166.01 ADMINISTRATIVE OFFICIAL. An administrative official designated by the City Council shall administer and enforce these zoning regulations. The administrative official may be provided with the assistance of such other persons as the City Council may direct. If the administrative official shall find that any of the provisions of these zoning regulations are being violated, the official shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of any illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by these zoning regulations to ensure compliance with or to prevent violation of its provisions. 166.02 DUTIES OF ADMINISTRATIVE OFFICIAL AND AGENCIES. 1. Administrative Official and Board of Adjustment. It is the intent of these zoning regulations that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by statute. 2. City Council. It is further the intent of these zoning regulations that the duties of the City Council in connection with these zoning regulations shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and these zoning regulations. Under these zoning regulations, the City Council shall have only the duties of: (i) considering and adopting or rejecting proposed amendments or the repeal of these zoning regulations, as provided by law; and (ii) considering applications for special permits for exceptions to prohibited uses as specified in Section 165.19 of these zoning regulations. 166.03 BUILDING PERMIT REQUIRED. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the administrative official. No work on such building or structure shall be done until a permit shall have been issued. No building permit shall be issued except in conformity with the provisions of these CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS zoning regulations, except after written order from the Board of Adjustment. Fees shall be established by resolution of the City Council. 166.04 APPLICATION FOR BUILDING PERMIT. All applications for building permits shall be accompanied by plans in duplicate or by electronic copy, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for, the enforcement of these zoning regulations. The administrative official shall have 14 days, excluding legal holidays, in which to accept or reject an application for building permits after the same has been submitted in proper form. 166.05 CERTIFICATES OF ZONING COMPLIANCE FOR NEW, ALTERED OR NONCONFORMING USES. 1. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, or converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative official stating that the proposed use of the building or land conforms to the requirements of these zoning regulations. 2. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of these zoning regulations; provided, upon enactment or amendment of these zoning regulations, owners or occupants of nonconforming uses or structures shall have one year to apply for certificates of zoning compliance. Failure to make such application within one year shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of these zoning regulations. 3. Certificates of zoning compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within 10 days after the lawful erection or alteration of the building is completed in conformity with the provisions of these zoning regulations. 4. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided, such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. 5. The administrative official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person. 6. Failure to obtain a certificate of zoning compliance shall be a violation of these zoning regulations. Fees for certificates shall be established by resolution of the City Council. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 166.06 EXPIRATION OF BUILDING PERMIT. If the work described in any building permit has not begun within 180 days after the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official, and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within two years after the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. 166.07 COMPLIANCE WITH AUTHORIZED CONSTRUCTION AND USE. Building permits or certificates of zoning compliance issued on the basis of plans and applications, approved by the administrative official, authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of these zoning regulations. 166.08 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of these zoning regulations occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official, who shall record properly such complaint, immediately investigate, and take action thereon as provided by these zoning regulations. 166.09 ENFORCEMENT. 1. All departments, officials, and employees of the City who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure, or purpose if the same would not conform to the provisions of these zoning regulations. 2. Violation of the provisions of these zoning regulations, or failure to comply with any of its requirements, shall constitute a simple misdemeanor. Any person who violates these zoning regulations or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in this Code of Ordinances; and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. 3. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 4. Nothing herein contained shall prevent the City from taking such other lawful action as necessary to prevent or remedy any violation. 166.10 BOARD OF ADJUSTMENT CREATED. 1. A Board of Adjustment is hereby established, which shall consist of five (5) members. The term of office of the members of the Board shall be five years, with all terms to expire on January 31 of the appropriate year. The terms of not more than one-third of the members will expire in any one year. 2. If any vacancy exists on the Board, a successor for the remainder of the term shall be appointed in the same manner as the original appointee. The position of any Board member shall be vacant if the member resigns, moves permanently from the City, or if said member is CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS absent without due explanation from six consecutive regular meetings of the Board, except in the case of sickness, or is removed for cause by the Mayor with the approval of the Council. 166.11 PLANNING AND ZONING COMMISSION. The City Planning and Zoning Commission, hereinafter referred to as the Commission, consists of seven members appointed by the Mayor with the approval of the Council. The Commission members shall be residents of the City and shall not hold any elective office in the City government. (Code oflowa, Sec. 392.1) 1. Term of Office. The term of office of the members of the Commission shall be five years, expiring on January 31 of the appropriate year. The terms of not more than one-third of the members will expire in any one year. (Code of Iowa, Sec. 392.1) 2. Vacancies. If any vacancy exists on the Commission, a successor for the remainder of the term shall be appointed in the same manner as the original appointee. The position of any Comiission member shall be vacant if the member resigns, moves permanently from the City, or if said member is absent without due explanation from six consecutive regular meetings of the Commission, except in the case of sickness, or is removed for cause by the Mayor with the approval of the Council. (Code oflowa, Sec. 392.1) 3. Quorum and Voting. A quorum shall consist of four members. All action by the Commission shall require a majority vote of the whole number of members. 4. Compensation. All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council. (Code oflowa, Sec. 392.1) 5. Attendance. The Administrative Official or designee shall attend all regular and special meetings of the Commission and shall record and preserve a correct record of the proceedings of such meetings. 6. Powers and Duties. The Commission shall have and exercise the following powers and duties: A. Selection of Officers. The Commission shall choose annually at its first regular meeting after January 31" one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chairperson's absence or disability. (Code oflowa, Sec. 392.1) B. Adopt Rules and Regulations. The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary. (Code oflowa, Sec. 392.1) C. Zoning. The Commission shall have and exercise all the powers and duties and privileges in establishing the City zoning regulations and other related matters and may from time to time recommend to the Council amendments, supplements, changes or modifications, all as provided by Chapter 414 of the Code oflowa. (Code oflowa, Sec. 414.6) CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS D. Recommendations on Improvements. The design and proposed location of public improvements shall be submitted to the Commission for its recommendations prior to any actions being taken by the City for the construction or placement of such improvements. Such requirements and recommendations shall not act as a stay upon action for any such improvement if the Commission, after 30 days' written notice requesting such recommendations, has failed to file the same. E. Review and Comment on Plats. All plans, plats, or re -plats of subdivision or re -subdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the City, shall first be submitted to the Commission and its recommendations obtained before approval by the Council. (Code oflowa, Sec. 392.1) F. Fiscal Responsibilities. The Commission shall have full, complete, and exclusive authority to expend, for and on behalf of the City, all sums of money appropriated to it and to use and expend all gifts, donations, or payments that are received by the City for City planning and zoning purposes. (Code of Iowa, Sec. 392.1) G. Limitation on Entering Contracts. The Commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the Council for the present year. (Code oflowa, Sec. 392.1) (Code oflowa, Sec. 392.1) 166.12 RIGHT OF APPEAL; FEE. Appeals to the Board may be taken by any person aggrieved, or by any official, department, board or bureau of the City affected by any decision of the administrative official. Such appeal shall be taken within 10 days by filing with the administrative official and with the Board a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the Board, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in the official's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application and notice to the administrative official, and on due cause shown. Fees for appeal shall be as established by resolution of the City Council. 166.13 HEARINGS, NOTICE. 1. Notice To Surrounding Property Owners. After the administrative official has set the Board of Adjustment meeting date, surrounding property owners within 310 feet, shall be notified along with the appellant. Notice shall be sent not less than 7 days and not more than 20 days before the Board of Adjustment meeting. The notice shall follow the format established by the administrative official and be sent by first class mail. Notice shall contain the date, time, location and subject of the Board of Adjustment meeting. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 2. Posting of Notice. The administrative official shall cause to be posted at least one notification sign at least 7 days and not more than 20 days prior to the Board of Adjustment meeting. At least one sign must be placed so that it may be seen from a public street, and in cases of through lots and/or comer lots, a sign may be posted at both frontages. 166.14 ADMINISTRATIVE REVIEW. The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of these zonine regulations. 166.15 SPECIAL EXCEPTIONS. The Board shall have the power to permit the following exceptions to the district regulations set forth in these zoning regulations, subject to the requirements of this section: 1. Public Service Corporation. To permit erection and use of a building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility purposes or purposes of public communication, which the Board determines is reasonable and necessary for the public convenience or welfare. 2. Extension of Use, Lot in More Than One District. To permit the extension of a use into a district where it would be otherwise prohibited in a case where a district boundary line is so located that a lot or plot is in more than one district. 3. Conditions For Granting Special Exceptions. To hear and decide only such other special exceptions as the Board is specifically authorized to pass on by the terms of these zoning regulations; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions when in harmony with the purpose and intent of these zoning regulations. A special exception shall not be granted by the Board unless and until: A. A written application for a special exception is submitted indicating the section of these zoning regulations under which the special exception is sought and stating the grounds on which it is requested. B. Notice of public hearing shall be given consistent with the provisions of Section 166.13 of this chapter. C. The public hearing shall be held. Any party may appear in person, or by agent or attorney. D. The Board shall make a finding that it is empowered under the section of these zoning regulations described in the application to grant the special exception and it will not adversely affect the public interest. 4. In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these zoning regulations. The Board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 166.16 VARIANCES. The Board shall have the power to authorize, upon appeal in specific cases, such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary hardship. A variance from the terms of these zoning regulations shall not be granted by the Board unless and until: 1. Submission of Application. A written application for a variance is submitted demonstrating that: A. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district. B. Literal interpretation of the provisions of these zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these zoning regulations. C. The special conditions and circumstances do not result from the actions of the applicant. D. Granting the variance requested will not confer on the applicant any special privilege that is denied by these zoning regulations to other lands, structures, or buildings in the same district. 2. No nonconforming use of neighboring land, structures, or buildings in the same district, and no permitted use of land, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 3. Notice of Hearing. Notice of public hearing shall be given consistent with the provisions of Section 166.13 of this chapter. 4. Hearing. The public hearing shall be held. Any party may appear in person, or by agent or by attorney. 5. Findings. The Board shall make findings that the requirements of this section have been met by the applicant for a variance. 6. Justification For Granting Variance. The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. 7. Conditions For Granting Variance. A. The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of these zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. B. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these zoning regulations. C. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of these zoning regulations in the district CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. 166.17 DECISIONS OF BOARD. 1. hi exercising the powers mentioned in this chapter, the Board may, so long as such action is in conformity with the terms of these zoning regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative official from whom the appeal is taken. 2. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these zoning regulations, or to effect any variation in these zoning regulations. 166.18 CITY COUNCIL REMAND. The City Council may, at its discretion, review any affirmative decision of the Board of Adjustment at any time before the effective date of the decision. After such review, but prior to the effective date of the decision, the Council may remand any such decision to the Board of Adjustment for further review. Upon remand, the Board of Adjustment may reconsider its decision and issue its final decision on the request within 30 days after the date of such remand. 166.19 APPEALS FROM DECISION OF BOARD. Any taxpayer, or any officer, department, Board or bureau of the City, or any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. 166.20 REZONING AND TEXT AMENDMENTS. The amendment procedure established in this section is intended to provide a means for making changes to the text of these zoning regulations and/or the official zoning map. 1. Authority. The City Council may, from time to time, on its own action or on petition, amend, supplement, or change the boundaries or regulations herein or subsequently established. However, no such amendment, supplement, or change of boundaries or regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Such amendment, supplement, or change shall not become effective except by favorable vote of a majority of all of the members of the City Council. 2. Initiation of Amendments. An amendment of text may be initiated by a motion of the City Council. An amendment may be initiated by a motion of the City Council, or any person, firm or corporation, by the filing of a petition requesting such amendment and clearly describing the property and its boundaries as to which the amendment is desired. The petition shall meet all requirements of these zoning regulations. The petition shall be duly signed by the owners of 50 percent of the area of all real estate included within the boundaries of said tract as described in said petition. The petitioner shall obtain a signed consent to the zoning amendment from CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS the owners of 50 percent or more of all area located within 310 feet of the property proposed to be amended. Public property such as parks, public buildings, public utilities, etc., shall not be included within the 50 percent consent area. 3. Filing of Petition for Rezoning Amendment. A petition for an amendment to the zoning district classification shall be filed with the administrative official. Each rezoning request shall be reviewed by the administrative official to ensure that it contains all the information required in these zoning regulations. 4. Fee for Rezoning Amendment. The Council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for an amendment to these zoning regulations. The schedule of fees shall be posted in the office of the administrative official, and may be altered or amended only by resolution by the Council. All fees for a rezoning request are nonrefundable and shall be paid at the time the rezoning petition is initially submitted. 5. Rezoning Request Requirements. Each rezoning request shall be accompanied by a written request for a change, a rezoning map, a conceptual master plan or development plan as required herein and an address list of all property owners within 250 feet of the property (intervening streets and alleys shall not be included in computing such 250 feet), all in accordance with the provisions outlined herein. A. Plans and Plats. The administrative official may require a development plan, site plan, preliminary plat or conceptual master plan for any proposed rezoning. B. Zoning Change and Development Agreement. The administrative official may require a zoning change and development agreement for any proposed rezoning. C. Notification of Surrounding Property Owners. Following review of the rezoning request for completion, the administrative official shall set the Planning and Zoning Commission meeting date. Notice will be sent to the surrounding property owners within 250 feet of the property to be rezoned. Notice shall be sent not less than 7 days and not more than 20 days prior to the Commission meeting at which the zoning amendment is first considered. The notice shall contain the date, time and location of the Commission meeting and Council public hearing. D. Notification Signs. (1) For all rezoning requests of property by petition or owner's request, the petitioner or owner shall be required to post a sign stating notice of rezoning, zoning district designations proposed to be changed, date and time of Council public hearing and telephone number and address of City Hall. Such sign shall be four feet by eight feet in size and include black letters on a white board. The letters on the sign shall not be less than six inches in height. One sign shall be placed on each public street right-of-way and shall not be erected greater than 20 feet from the street right-of-way. (2) Such sign shall be erected no less than seven days before review of the rezoning request by the Commission and shall remain in place until after the final hearing before the Council. The property CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS owner shall remove the sign within seven days of the date of the final action on the rezoning amendment by the Council. 6. Conceptual Master Plans for Rezoning Amendment. Conceptual master plans are intended to present basic development information in such a way as to empower area residents, interested parties, City staff and Council to accurately and decisively formulate opinions on the proposed development. Conceptual master plans shall be required for all proposed rezoning of land within the City to a commercial or manufacturing district. At the discretion of the administrative official, a conceptual master plan may be required for rezoning to residential districts. A. In the case of a rezoning request to a commercial or industrial zoning district, the conceptual master plan shall show, at a minimum, proposed building footprints, utilities, access, parking, and open space. In the case of a rezoning request to a residential zoning district, the conceptual master plan shall show, at a minimum, proposed lot layout, street configuration, utilities and park/trail features. Additional information on the conceptual master plan may be required at the discretion of the administrative official. B. The administrative official may suspend the requirement of a conceptual master plan if the Council initiates the rezoning. 7. Zoning Changes and Development Agreements. Zoning changes and development agreements are meant to impose additional conditions or restrictions on the property being rezoned beyond the minimum requirements of the zoning district in order to protect and satisfy the public needs of the surrounding established neighborhood and character of the City at large. The conditions must be reasonable and agreed to by the property owner prior to the final consideration of the rezoning request. 8. Compliance With Comprehensive Plan. If the proposed rezoning is not in accordance with the comprehensive plan, the applicant will be required to request a comprehensive plan amendment in addition to the rezoning request. 9. Initial Action Required by City Council. When a petition meeting the requirements of these zoning regulations is presented to the Council, or if the Council elects to initiate an amendment, the Council shall receive and file said petition and refer it to the Commission for consideration of such amendment prior to the date of the public hearing. 10. Action by Planning and Zoning Commission. After receiving the proposed amendment from the Council, the Commission shall review the proposed amendment and report its recommendations within 60 days to the Council for final action. 11. Further Action by Council. After receiving the Commission recommendations, the City Council, at a public hearing, shall then take final action on the proposed amendment, after public notice in accordance with applicable State law. The amendment shall become effective by the favorable vote of a majority of all the members of the Council. 12. Amendment Disapproval or Protest. In the case of a proposed rezoning of property, if: (i) the Commission disapproves of the amendment; or (ii) a written protest against such change signed by the owners of 20 percent or more either of the area of the lots included in such a proposed change, or by the owners of 20 percent or more of the property which is located within 310 feet of the boundaries of the property CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS for which the change is proposed, such change shall not become effective except by the favorable vote of at least four -fifths of all of the members of the Council. 13. Denial of Amendment. Whenever any petition for an amendment, supplement, or change of the zoning regulations herein contained or subsequently established shall have been denied by the Council, then no new petition covering the same property, or the same property and additional property, shall be filed with or considered by the Council until one year shall have elapsed from the date of the filing of the first petition. CHAPTER 167 ZONING REGULATIONS SIGNS 167.01 Statement of Intent 167.02 Jurisdiction 167.03 Definitions 167.04 Permit and General Regulations 167.05 Signs Not Requiring Permit 167.06 Signs Prohibited in All Zoning Districts 167.07 Fascia/Wall Signs 167.08 Multiple Tenant Fascia/Wall Signs 167.09 Monument Signs 167.10 Multiple Tenant Monument Signs 167.11 Special Provisions for C-2 Downtown District 167.12 Association Identification Signs — Residential 167.13 Association Identification Signs — Commercial and Industrial 167.14 Signs for Churches, Schools and Public Facilities 167.15 Interstate Corridor Signs 167.16 Electric Changeable Copy 167.17 Temporary Signs 167.18 Window Signs 167.19 Agricultural Identification Signs 167.20 Table of Signs Permitted by Zoning District 167.01 STATEMENT OF INTENT. The purpose of this chapter is to permit such signs that will not, by reason of their size, location, construction, or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public morals, health and safety, and further, to regulate such permitted signs in a way to promote development that is not detrimental to the property values and aesthetics of the City. Signs allowed by this chapter may be erected and maintained only as on -premises signs, except as permitted elsewhere in this chapter. 167.02 JURISDICTION. The lawful use of a sign existing at the time of the effective date hereof may be continued even though such use may not conform to the regulations herein. For those signs permitted before the adoption of these regulations, such signs shall be classified as "permitted nonconforming structures." No sign permit shall be issued for any lot, tenant, or development after the effective date hereof and not in substantial conformity with the provisions of this chapter. Nor shall any sign, except as hereinafter specified, be erected, substantially improved, converted, enlarged, moved, or structurally altered without conforming with the provisions of this chapter. 167.03 DEFINITIONS. For the purpose of this chapter, the following terms and words are defined. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 1. "Abandoned sign" means any sign face remaining in place for a period of 30 days or more and which no longer advertises an activity, business, product, or service available on the premises on which the sign is located. 2. "Association identification (commercial or industrial development) sign" means a sign identifying the name of a commercial or industrial development included on a landscape feature, including planter beds, fountains, decorative walls or fences. 3. "Association identification (residential development) sign" means a sign identifying the name of a residential complex, or neighborhood development included on a landscape feature, including planter beds, fountains, decorative walls or fences. 4. "Bag sign" means a temporary cover made of a cloth or canvas material, used to alter the message of an obsolete sign until such time as it is replaced with a new sign. 5. `Banner sign" means a temporary sign composed of lightweight material, either enclosed in a rigid frame or not enclosed, secured or mounted to a structure or post on two or more edges. 6. `Billboard signs" means all structures, regardless of the materials used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs (whether the structure be placed on the wall or painted on the wall itself), and pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. 7. `Building sign" means any sign attached to or erected against the wall or painted on the surface of the wall of a building, with the exposed face of the sign in a plane parallel with a plane of said wall. This definition includes fascia/wall signs. 8. "Directional sign" means a sign, other than a warning or regulatory sign, which is located on private property for the purposes of controlling all modes of traffic. 9. "Directory sign" means a sign containing the name of a building, complex, or center and two or more identification signs or panels of the same size, color and general design, limited to one identification sign per occupant. 10. "Electric changeable copy sign" means a sign that is characterized by changeable copy, letters, symbols or numerals to be modified from time to time by electronic or mechanical devices, which sign is integrated as a part of a permitted monument sign. Electric changeable copy signs may not be used to display commercial messages related to products or services that are not offered on the premises. 1 L "Exterior sign" means a sign that directs attention to a business, profession, service, product or activity sold or offered upon the premises where such a sign is located. An exterior sign may be a sign attached flat against a building or structure, or projecting out from a building or structure. 12. "Fascia/wall sign" means a single -faced building or wall sign that is directly attached to and parallel to its supporting wall. 13. "Freestanding or post sign" means any sign erected or affixed in a rigid manner to one or more poles, posts or the ground, and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS which it is located, including signs, or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises by an occupant thereof. 14, "Home occupation sign" means one unlighted sign not over two square feet in area attached flat against the dwelling and displaying only the occupant's name and occupation, and which advertises the presence or conduct of the home occupation. 15. "Institutional bulletin board sign" means an on -premises sign containing a surface area upon which is displayed the name of a religious institution, school, library, public building, community center, or similar institution and the announcement of its services or activities. 16. "Interstate sign" means a sign on a property abutting an interstate right-of- way, which sign is oriented to the interstate. 17. "Marquee sign" means a sign attached to and contained within the perimeter of the face or valance of a marquee. Is. "Monument sign" means a ground sign that is mounted in or on a monument which does not have any exposed pole or pylon and which includes the name of the development, business or businesses located on the premises. 19. "Multiple tenant monument sign" means a sign intended to provide identification to a multiple tenant commercial development of more than 25,000 square feet of gross building area in which more than three tenants occupy individual space within the building and which is under single ownership, management and control. 20. "Multiple tenant building, horizontal" means a single story building designed for the collocation of two or more tenants located side by side with each tenant separated by demising walls. 21. "Multiple tenant building, vertical" means a multiple story building designed for the collocation of two or more tenants located side by side and/or on separate floors of the building. 22. "Off -site sign" means any sign advertising any interest of any person or firm, products, accommodations, services or activities not provided on the premises in which the sign is placed. 23. "Project identification sign" means a sign that refers to the construction, lease, hire, or sale of a building, premises, or subdivision lots. 24. "Projecting sign" means a double-faced building or wall sign projecting at right angles to its supporting wall. 25. "Roof sign" means a sign attached upon or above a roof or parapet of a building. 26. "Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, the following are not included in the application of the regulations herein: A. Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; B. Flags and insignia of any government except when displayed in connection with commercial promotion; CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS C. Legal notices; identification, informational or directional signs erected, approved or required by governmental bodies; D. Integral, decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; E. Signs directing and guiding traffic and parking on private property, and bearing no advertising matter, not exceeding four square feet in area. 27. "Sign area" means the surface area of a sign and shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of the surface area, except where such frames and structural members are used as an integral primary or subsidiary portion of the graphic, literal, or numerical display, such as forming a picture frame to facilitate continuity or providing contrasts to emphasize the intended purpose of the sign. 28. "Special event sign" means a sign advertising a special event that is sponsored by the City. 29. "Temporary sign" means any sign not permanently attached to the ground, wall or building, and intended to be displayed for a short and limited period of time. 167.04 PERMIT AND GENERAL REGULATIONS. 1. Permit Required. Except as provided in Section 167.05 of this chapter, a sign permit, signed by the owner and tenant, and approved by the administrative official, shall be required before the erection, construction, alteration, placing or locating of all signs conforming with this chapter. 2. Plans. A copy of plans and specifications shall be submitted to the administrative official for each sign regulated by this chapter. Such plans shall show sufficient details about size of the sign, location, and materials to be used and such other data as may be required for the administrative official to determine compliance with this chapter. 3. Maintenance. All signs shall be maintained in a good state of repair, including (but not limited to) the structural components, the lighting if any, the portion attaching the sign to the ground or structure, and the surface features. 4. Nonconforming Signs. Where a sign exists at the effective date hereof or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, use, height, setback, or other characteristics of the sign or its location on the lot, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No such sign may be enlarged or altered in a way that increases its nonconformity; however, reasonable repairs and alterations may be permitted. B. Should such sign be destroyed by any means to an extent of 50 percent or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 5. Electric Signs. All electric signs shall be manufactured to meet UL specifications and be approved by the administrative official in accordance with the City Electrical Code. A. Electric signs shall be watertight, with service holes to provide access to each compartment with fitted waterproof covers. B. Any electrical equipment or apparatus of a sign which causes interference with radio or television reception shall not be allowed. 6. Wind Pressure and Dead Load Requirements. All signs and sign structures shall be designed and constructed to withstand a wind pressure as regulated by the Building Code of the City, and shall be constructed to receive dead loads as required in the Building Code and/or other ordinances of the City. Temporary signs shall be required to be securely anchored to prevent any and all motion. 7. Illumination. Signs shall be illuminated by internal fixtures or externally with a constant level of light maintained throughout the sign. Reflectors shall be provided with proper glass or plastic lenses concentrating the illumination upon the area of the sign as to prevent glare upon the street of adjacent property. Illumination shall be no greater than one foot-candle in intensity when measured from the property bounds, and all ground lighting shall be concealed from view by landscape plantings. 8. Emissions Prohibited. No sign shall emit audible sound, noticeable odor, smoke or other visible matter. 9. Visibility at Intersections in Any District. On any corner lot in any district, no sign shall be erected, placed, or allowed to be situated in such a manner as materially to impede vision between a height of 2'/z and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such comer lots and a line joining points along said street lines 25 feet from the point of intersection of right-of- way lines. 10. Obscene Matter Prohibited. No obscene, indecent, or immoral matter shall be displayed on any sign. 11. Traffic Hazards. It is illegal for any sign to interfere with, obstruct the view of, or be of such design which may be confused with any authorized traffic sign, signal, or device. No sign shall imitate an official traffic sign or include the words "stop," "look," "caution," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse motorists. 12. Appeal. Any person or persons aggrieved by the decision of the administrative official to approve or disapprove a sign permit, as provided by this chapter, may appeal such decision to the Board of Adjustment. 167.05 SIGNS NOT REQUIRING PERMIT. Signs hereinafter designated are permitted in all zoning districts. 1. Real Estate. Signs advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed. One non -illuminated sign, not to exceed eight square feet, shall be permitted on each premises. Such signs shall not extend higher than four feet above grade level or be closer than 10 feet to any property line unless located on the wall of a building. Such signs shall be removed within seven days after the disposition of the premises. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 2. Construction. Signs identifying the architect, engineer, contractor, or other individuals involved in the construction of a building and such signs announcing the character of the building enterprise or the purpose for which the building is intended, but not including product advertising. Sign advertising for new incoming businesses will be allowed, provided that a business has been issued a building permit. One non - illuminated sign, not to exceed 50 square feet, shall be permitted per street frontage. Such sign shall not extend higher than 10 feet above grade level or be closer than 10 feet to any property line unless located on the wall of a building on the premises or on a protective barricade surrounding the construction. Such signs shall be removed within one week following completion of construction. 3. Political Campaign Signs. Signs announcing candidates seeking public political office or pertinent political issues. Such signs shall be confined to private property and shall be removed within one week following the election to which they pertain. 4. Street Banners. Banners advertising a public event, provided that specific approval is granted under regulations established by the Council. 5. Seasonal Decorations. Signs pertaining to recognized national holidays and national observances. 6. Directional Signs. Signs used on site in conjunction with any multiple -family residential development, mobile home residential district, commercial, office or industrial development to direct on -site vehicles to specific buildings, building entrances and exits, drive-throughs, or drop boxes. A. Ground Directional Signs. Such signs shall be permitted, provided the following conditions are met: (1) Signs shall not exceed six square feet in area and shall not be higher than four feet above grade. (2) Signs are utilized only when necessary for traffic directional or other informational purposes. (3) Signs do not display logos or other commercial messages. B. Building Directional Signs. Such signs shall be permitted, provided the following conditions are met: (1) Signs shall not exceed eight square feet in area. (2) Signs must be affixed to principal building or accessory structure canopy. (3) Signs do not display logos or other commercial messages. 7. Personal Announcement and Celebration. Signs announcing births, anniversaries, weddings, and similar celebrations. Special Events. Signs advertising or announcing a special event, provided A. Such signs shall be limited to one sign per event and shall only be perntted to be located within Centennial Park at the comer of University Avenue and Ashworth Drive and at Triangle Park at the corner of 6°i Street and Ashworth Drive. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS B. Such signs may be erected 14 days prior to the special event and shall be removed within two days following the special event. C. Such signs shall be set back a minimum of five feet from all right-of- way lines. 9. Home Occupation Signs. Home occupation signs, provided such signs are not larger than two square feet in sign area. 10. Garage Sale Signs. Garage sale signs, limited to six square feet in area. Such signs shall be removed within 24 hours of the event they advertise. No sign shall be placed on public property. II. Public Signs. Signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs, including signs designating hospitals, libraries, schools and other institutions or places of public interest or concern. 12. Temporary Directional Signs Placed By City. Signs erected by the City, of a size not greater than four feet by four feet, informing the public of means of access to areas within the City to which normal access has been denied due to highway construction. 13. Integral Signs. Signs for churches or temples, or names of buildings, dates of erection, monumental citations, commemorative tablets and other similar signs when carved into stone, concrete, or other building material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached. 14. Institutional Bulletin Boards. Institutional bulletin boards. 167.06 SIGNS PROHIBITED IN ALL ZONING DISTRICTS. 1. Obsolete Signs. Signs that advertise an activity, business, product, or service no longer conducted on the premises on which the sign is located. 2. Banners, Balloons, Posters. Signs that contain or consist of banners, balloons, posters, pennants, ribbons, streamers, spinners, or other similarly moving devices, except as specifically provided elsewhere in this chapter. 3. Portable Signs. Commercial signs that are not permanently anchored or secured to either a building or the ground. 4. Off -Premises Signs on Public Property. Off -premises signs located on public property that is being used for public purposes except as specifically provided elsewhere in this chapter. 5. Off -Premises Signs. Signs advertising a use not conducted upon the lot where the sign is located. 6. Flashing, Blinking or Rotating Signs. Flashing, blinking, or rotation lights - for either permanent or temporary signs - except time and temperature signs, brief public announcement signs, and as specifically provided elsewhere in this chapter. 7. Moving Signs. Any sign that part of which moves by any mechanical or electronic means except as specifically provided elsewhere in this chapter. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 8. Painted Wall Signs. Off -premises signs painted on building walls for commercial purposes. 9. Projecting Signs. Projecting signs, as defined in Section 167.03 of this chapter, except as specifically provided elsewhere in this chapter. 10. Pole Signs. Pole signs, except as specifically permitted within the City. 11. Vehicle Signs. Any vehicle sign, not normally used in the day-to-day operations of a business, parked in such a way to draw attention of people from a public place or street. 167.07 FASCIA/WALL SIGNS. 1. Sign Area Allowed. The following sign areas shall be allowed. A. Public street facing tenant: i. One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of one hundred (100) square feet. ii. In the case that the tenant sign has a setback of greater than two hundred fifty feet (250') from the nearest public street right-of- way, two (2) square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of two hundred (200) square feet. iii. In the case that a tenant has frontage along more than one public street, the total sign area shall be calculated off of no more than two (2) public street frontages, up to a maximum of four hundred (400) square feet. iv. Buildings greater than 50,000 square feet are not subject to the square footage maximums listed above. B. Nonpublic street facing tenant: i. One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of one hundred (100) square feet. ii. In the case that the tenant sign has a setback of greater than two hundred fifty feet (250') from the nearest public street right-of- way, two (2) square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of two hundred (200) square feet. iii. In the case that a tenant has frontage along both a non-public street and a public street, the sign area shall be calculated off of the public street facing frontage. iv. In the case that a tenant is not oriented towards a street frontage and desires to place a sign on the elevation that faces a street frontage, the maximum allowable sign area allowed to be displayed b a'� on the public street facing frontage shall be one and a half square feet of sign area per linear foot of building frontage. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS v. Buildings greater than 50,000 square feet are not subject to the square footage maximums listed above. 2. Number of Signs Allowed. A maximum of three (3) signs will be allowed per business with a maximum of one sign per wall. Sign size will be limited by the regulations stated above. 3. Letters, Symbols and Logos. Under no circumstances will a letter, symbol, or logo dimension greater than six feet be allowed, except any use that occupies in excess of 100,000 square feet of building area shall be allowed to have individual letters not to exceed eight feet in height. 4. Projecting Out From Building. No sign shall project out from the building more than 18 inches. 5. Projecting Above Roofline. No sign shall project above the roofline or parapet where one exists. 6. Convenience Stores. In addition to the regulations stated above, one sign on a canopy in a convenience store or gasoline pump use may be permitted. Said sign shall be one square foot per linear foot of frontage of the canopy to a maximum sign area of 50 square feet. Said sign shall be confined to the actual dimensions of the canopy. 167.08 MULTIPLE TENANT FASCIA/WALL SIGNS. 1. Sign Area Allowed — Horizontal Multiple Tenant Buildings. The following sign areas shall be allowed. A. Public street facing tenant(s): i. One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of one hundred (100) square feet. ii. In the case that the tenant(s) sign has a setback of greater than two hundred fifty feet (250') from the nearest public street right- of-way, two (2) square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of two hundred (200) square feet. iii. In the case that a tenant has frontage along more than one public street, the total sign area shall be calculated off of no more than two (2) public street frontages, up to a maximum of four hundred (400) square feet. iv. Tenants frontage shall be measure from demising wall to demising wall (See Figure 167A). v. Buildings greater than 50,000 square feet are not subject to the square footage maximums listed above. B. Nonpublic street facing tenant(s): i. One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of one hundred (100) square feet. ii. In the case that the tenant(s) sign has a setback of greater than two hundred fifty feet (250') from the nearest public street right- CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS of -way, two (2) square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of two hundred (200) square feet. iii. In the case that a tenant has frontage along both a non-public street and a public street, the sign area shall be calculated off of the public street facing frontage. iv. In the case that a tenant is not oriented towards a street frontage and desires to place a sign on the elevation that faces a street frontage, the maximum allowable sign area allowed to be displayed by all tenants on the public street facing frontage shall be one and a half square feet of sign area per linear foot of building frontage. v. Tenant frontage shall be measured from demising wall to demising wall (See Figure 167A). vi. Buildings greater than 50,000 square feet are not subject to the square footage maximums listed above. Figure 167A Horizontal Multiple Tenant Building Oriented Toward Street Frontage 2. Sign Area Allowed — Vertical Multiple Tenant Buildings. In the case of a vertical multiple tenant building, the maximum square footage for each building or tenant signs shall be one square foot of sign area for every linear foot of building or tenant frontage. In the event that a tenant occupies more than one story, they shall not be permitted to count the frontage on both stories (See Figure 167B). CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 100 Ra., SIGN A SIGN S SGN C �4 w s I i Tenant D i i i Tenant C Tenant B Tenant Figure167B Vertical Multiple Tenant Building Signage 3. Number of Signs Allowed. A maximum of two signs will be allowed per business with a maximum of one sign per wall. Corner tenants that front a public street or a nonpublic street will be allowed a maximum of three (3) signs. Sign size will be limited by the regulations stated above. 4. Letters, Symbols and Logos. Under no circumstances will a letter, symbol, or logo dimension greater than six feet be allowed, except any use that occupies in excess of 100,000 square feet of building area shall be allowed to have individual letters not to exceed eight feet in height. 5. Design. All signage on a multi -tenant building shall complement the character and architecture of the building and be consistent in design and construction. 167.09 MONUMENT SIGNS. 1. Number of Signs. One freestanding monument identification sign shall be permitted for each lot, or one sign for each 300 feet of street frontage, whichever is greater, subject to provisions hereinafter specifically set out. A minimum distance of 200 feet shall separate each permitted monument sign. Businesses that have frontage on more than one street will be permitted the use of a second sign. In no case shall more than two monument signs be permitted for each lot. 2. Setback Requirement. The minimum setback required for monument signs shall be 15 feet. All signs shall have a side setback not less than the height of the sign. 3. Sign Area. The total area of a sign shall be the actual square footage of one sign face. Double faced signs may be permitted with the maximum square footage permitted on each side. The maximum sign area of a monument sign shall not exceed 60 square feet. The copy area shall be limited to a single geometric shape unless it emulates the building form or feature. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 4. Sign Size. The maximum height shall be 15 feet and the maximum width of the sign shall be 12 feet. 5. Sign Bases. All sign bases shall be designed and constructed of materials that are similar to those used on the principal building. Sign bases shall be dominated with materials of permanency and strength, such as brick, stone, block, or other masonry or concrete materials and shall be consistent with the materials used in the construction of the building. Metal skirting around a supporting pole shall not be considered an acceptable sign base material. 6. Monolithic or Columnar Line. Monument signs shall have a monolithic or columnar line that maintains essentially the same profile from grade to top. The width of the sign base shall be a minimum of 80 percent of the entire width of the sign. 7. Vertical Distance. The vertical distance between the sign face and the base shall not be greater than six inches. 8. Prohibited Signs. Signs that are composed of wood material or signs with metal as the primary material and any sign surface with letters painted upon a panel or wall area are prohibited. 167.10 MULTIPLE TENANT MONUMENT SIGNS. Monument signage in planned commercial development with at least three tenants, and over 25,000 square feet of gross building square footage, is intended to provide primary development identification within a planned commercial unit. Additionally, such signage may provide advertisement to tenants of the development. In lieu of any other permitted monument sign, a multiple tenant sign shall be allowed on lots or tracts under single ownership, management or control, provided the following conditions are met: 1. Number of Signs. One freestanding multiple tenant monument identification sign shall be permitted for each lot, or one sign for each 300 feet of street frontage, whichever is greater, subject to provisions hereinafter specifically set out. A minimum distance of 200 feet shall separate each permitted multiple tenant monument sign. Developments that have frontage on more than one street will be permitted the use of a second sign. In no case shall more than two multiple tenant monument signs be permitted for each lot. 2. Setback Requirement. The minimum setback required for monument signs shall be 15 feet. All signs shall have a side setback not less than the height of the sign. 3. Sign Area. The total area of a sign shall be the actual square footage of one sign face. Double faced signs may be permitted with the maximum square footage permitted on each side. The maximum sign area of a multiple tenant monument sign shall not exceed 100 square feet. The copy area shall be limited to a single geometric shape unless it emulates the building form or feature. 4. Sign Size. The maximum height shall be 15 feet and the maximum width of the sign shall be 12 feet. 5. Sign Bases. All sign bases shall be designed and constructed of materials that are similar to those used on the principal building. Sign bases shall be dominated with materials of permanency and strength, such as brick, stone, block, or other masonry or concrete materials and shall be consistent with the materials used in the construction of the building. Metal skirting around a supporting pole shall not be considered an acceptable sign base material. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 6. Monolithic or Columnar Line. Monument signs shall have a monolithic or columnar line that maintains essentially the same profile from grade to top. The width of the sign base shall be a minimum of 80 percent of the entire width of the sign. 7. Vertical Distance. The vertical distance between the sign face and the base shall not be greater than six inches. 8. Prohibited Signs. Signs that are composed of wood material or signs with metal as the primary material and any sign surface with letters painted upon a panel or wall area are prohibited. 167.11 SPECIAL PROVISIONS FOR C-2 DOWNTOWN DISTRICT. 1. Sign Area Allowed — Fascia Wall Signs. The following sign areas shall be allowed. A. Public street facing tenant: i. One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of one hundred (100) square feet. ii. In the case that the tenant sign has a setback of greater than two hundred fifty feet (250') from the nearest public street right-of-way, two (2) square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of two hundred (200) square feet. iii. In the case that a tenant has frontage along more than one public street, the total sign area shall be calculated off of no more than two (2) public street frontages, up to a maximum of four hundred (400) square feet. B. Nonpublic Street facing tenant: i. One and a half square feet of sign area may be erected for every linear foot of tenant frontage to a maximum of one hundred (100) square feet. ii. In the case that the tenant sign has a setback of greater than two hundred fifty feet (250') from the nearest public street right-of- way, two (2) square feet of sign area may be erected per linear foot of tenant frontage to a maximum sign area of two hundred (200) square feet. iii. In the case that a tenant has frontage along both a non-public street and a public street, the sign area shall be calculated off of the public street facing frontage. iv. In the case that a tenant is not oriented towards a street frontage and desires to place a sign on the elevation that faces a street frontage, the maximum allowable sign area allowed to be displayed by all tenants on the public street facing frontage shall be one and a half square feet of sign area per linear foot of building frontage. I61:r_ WNWAr.91 SITE AND BUILDING DEVELOPMENT STANDARDS B. Number of Signs Allowed. A maximum of two signs will be allowed per business with a maximum of one sign per wall. Sign size will be limited by the regulations stated above. C. Letters, Symbols and Logos. Under no circumstances will a letter, symbol, or logo dimension greater than four feet be allowed. D. No sign shall project out from the building more than 12 inches. E. No sign shall project above the roofline or parapet where one exists. F. If a building houses more than one business, then more than one sign may be erected, provided the total size of all signs are still within the requirements as set forth in this section. Projecting Signs. A. One projecting sign shall be allowed per establishment. B. Projecting signs must not exceed nine square feet. The maximum projection beyond the face of the building will be four feet. C. The maximum height to the top of the sign, as measured from the sidewalk elevation at the building line on the facade to which the sign is attached, shall not exceed 12 feet. The lower edge of such a sign must be at least seven feet, six inches above the sidewalk directly beneath the sign. D. Two-dimensional signs shall have both faces parallel, vertical, and at right angles to the building line. 2. Monument Signs. A. One freestanding monument identification sign shall be permitted for each lot, or one sign for each 150 feet of street, whichever is greater, subject to provisions hereinafter specifically set out. Businesses that have frontage on more than one street will be permitted the use of a second sign, provided it measures less than one-third of the total dimension of the principal monument sign. B. The sign may be two sided. The monument shall not have a total surface in excess of 30 square feet on any side, and not more than two sides of said sign shall be used for advertising purposes. The maximum height shall be six feet, and the maximum width shall be six feet. 3. Canopies, Marquees, Awnings. Canopies, marquees, and awnings may contain signage, provided the following requirements are met: A. If signage is parallel to the building facade, its area shall be deducted from the maximum allowable area of fascia/wall signs. B. If at right angles, it shall substitute for all other projecting signs. 4. Sign Materials. Sign materials will not be limited; however, signage should be professional in appearance and should fit in with the buildings and surroundings in the area. 5. Exemptions. The following signs shall be exempt from the limitations of this section. These signs may be repaired or replaced so long as the repaired or replaced sign is identical to the sign in place at the effective date hereof. Where such repair or replacement would change the appearance of the sign, the provisions of this section must be met. A. 529 Ashworth— Farmer's Co -Op Pole Sign. B. 405 6"' Street — Pin Oak Gallery Mural. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 6. Appeal. Any differentiation from the items set forth in this section may be brought before the Board of Adjustment appeals process as defined in Chapter 166 of these zoning regulations. 167.12 ASSOCIATION IDENTIFICATION SIGNS — RESIDENTIAL. Association identification signs shall be permitted for the purpose of establishing a common neighborhood or complex identification when there exists an owners' association that provides for the maintenance of the sign and structures. Such association shall not be disbanded or terminated without the City's consent. Such signs shall be extensively landscaped with trees, plantings, and natural features. Such signs may incorporate fountains, fences, or similar features. Association identification sign area shall not exceed 40 square feet. The minimum setback required of association identification signs shall be height of the sign. The maximum height of the sign shall be eight feet. Association identification signs shall be dominated with materials of permanency and strength, such as brick or stone. 167.13 ASSOCIATION IDENTIFICATION SIGNS — COMMERCIAL AND INDUSTRIAL. A commercial or industrial development may erect one association identification sign with the name of the building, complex, or center, provided there exists an owners' association that provides for the maintenance of the sign and structures. Such association shall not be disbanded or terminated without the City's consent. Such signs shall be extensively landscaped with trees, plantings, and natural features. Such signs may incorporate fountains, fences, or similar features. Association identification sign area shall not exceed 60 square feet. The minimum setback required of association identification signs shall be the height of the sign. The maximum height of the sign shall be 10 feet. Association identification signs shall be dominated with materials of permanency and strength, such as brick or stone. 167.14 SIGNS FOR CHURCHES, SCHOOLS AND PUBLIC FACILITIES. Signs for churches, schools, and other public uses shall be regulated in accordance with Sections 167.07 and 167.09 of this chapter. 167.15 INTERSTATE CORRIDOR SIGNS. In addition to monument signs as permitted under this chapter, one interstate monument sign shall be allowed on lots or tracts under single ownership, management, or control which have frontage abutting the interstate right-of-way, provided the following conditions are met: 1. Interstate/Freeway Signs. Interstate sign identifies the name of an office park, commercial park, industrial park, or single tenant user. Interstate/freeway signs must have a brick or stone base that preserves largely the same profile from interstate/road grade to bottom edge of sign. The sign face shall be no further than six inches away from the base. 2. Size of Sign. The total area of a sign shall be actual square footage of one sign face. Dual faced signs may be permitted with the maximum square footage permitted on each side. The maximum size of an interstate/freeway sign shall not exceed 120 square feet. 3. Maximum Height. The maximum height of an interstate/freeway sign shall not exceed 30 feet above interstate/road grade with the minimum height set at 15 feet. Refer to monument sign regulations if the sign height falls under the minimum height stated in this section. The minimum brick or stone allotment for the base of the sign shall equal or exceed 40 percent of the width of the sign with the minimum base width of three feet. 4. Sign Setback. Minimum interstate sign setback shall be 15 feet from interstate right- of-way. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 5. Prohibited Signs. Signs that are composed of wood material or signs with metal as its primary material and any sign surface with letters painted upon a panel or wall area are prohibited. 6. Distance From Other Signs. An interstate monument sign must be at least 100 feet from any other such interstate monument sign, or other monument sign. 7. Permits. All applicable permits and regulatory approvals as required by law shall be obtained from the State and federal government prior to the issuance of a permit from the City. 167.16 ELECTRIC CHANGEABLE COPY. Electric changeable copy shall be allowed on monument signs within certain commercial districts. A maximum of 30 square feet or 50 percent of the maximum sign area, whichever is less, may be dedicated to electric changeable copy, provided the following conditions are met: 1. Electric changeable copy may change no more than one time in a five-minute interval and shall not include any flashing, flowing, alternating or blinking lights. Time and temperature may be included as a component of electric changeable copy or permitted in lieu of electric changeable copy and shall not be restricted by the requirements of the five-minute interval as specified above. 2. Electric changeable copy shall be integral to and a part of an approved monument sign. Sign content should be limited to on premises advertising or public announcements. 167.17 TEMPORARY SIGNS The purpose of this section is to allow temporary signage for specified land uses and events of a limited duration. 1. Identification Signs. Project identification signs, provided such signs do not exceed 50 square feet in area, referring to the construction, lease, hire, or sale of a building, premises, or subdivision lots, which sign shall refer to property on which the sign is located. A. Such signs shall be limited to two signs for each plat listed in any residential district. Such signs shall be limited to one sign for each lot listed in any commercial or industrial district. B. The minimum setback required of such sign shall be five feet from the property line. C. Such sign shall be removed as soon as the premises are sold or leased or construction has been completed. 2. Business Advertising, Opening and Closing. Banners, not exceeding 32 square feet, A -frame signs, balloons, posters and signs advertising an opening or closing of business subject to approval by the administrative official. A. Such signs may only remain in place for four weeks and no more than one time per year per opening or closing. B. The minimum setback required is five feet from the property line. 3. Business and Public Advertising Special Events. Banners, not exceeding 32 square feet, A -frame signs, balloons, posters and signs advertising a special event subject to approval by the administrative official. A. Such signs may only remain in place for two weeks and no more than four times per year. Such signs events shall be permitted to be consecutive. B. The minimum setback required is five feet from the property line. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 4. Bag Signs. Such signs shall be permitted for businesses wishing to cover existing signage until the replacement sign is manufactured. Bag signs shall be made of a canvas or cloth material and may be displayed for a period no longer than 45 days. 167.18 WINDOW SIGNS. All window signs, whether temporary or permanent, shall be restricted to no more than 50 percent of the size of the applicable window area and shall be located on the interior side of the window. Typical window signs include, but are not limited to: painted signage, vinyl signage, neon beverage signs, sale and product ads, etc. 167.19 AGRICULTURAL IDENTIFICATION SIGNS. Signs, not exceeding 10 square feet in area, identifying the premises or indicating the product grown or material and equipment used on the premises. 167.20 TABLE OF SIGNS PERMITTED BY ZONING DISTRICT. The following Table 167A contains a summary of signs allowed, by zoning district. y:r_1aIa'Aran SITE AND BUILDING DEVELOPMENT STANDARDS TABLE 167A - SIGNS PERMITTED BY ZONING DISTRICT Sign Type Number Sign Area Minimum Maximum Design Standards Permitted Districts Allowed Setback Height 1.5 square foot A-1 (schools, per linear foot of 0 to 250 feet churches, public 3 per business, frontage facilities); C-1, C- 2 square feet per 25l to 500 2 per business See Section 167.07 IA, C-IB, C-2 Fascia/Wall for internal linear foot of feet Na of this chaptter.er. p (subject to Sec. tenants; I per heritage 167.11 of this wall chapter); C-4, M-1, M-IA and M-2 I per lot or I To be constructed of A-1 (schools, sign per 300 60 square feet on the same materials churches, public feet of each of 2 sides; 15 Feet from present on the facilities);C-1, C-lA, Monument frontage; 2 per sides must be all property 15 feet principal building C-l6, C-2 (subject to lot for lots with parallel lines and subject to Sec. 167.11 of this 2 street 167.09 of this chapter); C-4, M-1, homages chapter M-IA and M-2 I per lot or 1 To be constructed of C- I, C-1 A, C-1 B, sign per 300 100 square tee[ the same materials C-4, M-1, Multi -Tenant fee[ of on each of 2 15 feet from present on the M-1 A and M-2; Monument frontage; 2 per sides; sides must all property 15 feet principal building building must be lot for lots with be parallel lines and subject to minimum 25,000 2 street 167.10 of this square feet and frontages chapter include 3 tenants To be constructed of brick, stone, or 1 per 40 square feet on similarmaterial development each of sides; 8 feet approved as a part of All residential sides must be the plans for a districts entrance parallel development and Association subject to Sec. 167.12 Identification Height of the of this chapter To be constructed of Signs sign brick, stone, or 60 square feet on similar material 1 per each of 2 sides; l0 feet approved as a part of All commercial and development sides must be the plans for a industrial districts parallel development and subject to Sec. 16T 13 of this chapter Interstate 120 square feet on each of 2 15 feet from To be constructed of Commercial districts Corridor 1 per lot sides; sides must interstate 30 feet brick, stone or only Signs be parallel right-of-way similar materials 30 square feet on Electric I per lot each of 2 sides or 15 feet from Electronic change of Changeable integrated into 50 percent of the all property n/a copy subject to C-1 and C-IB Co Copy a monument maximum sign lines 167.16 of this sign area; sides must chapter be parallel Temporary 5 feet from Signs - all property Sign allowed for 4 All commercial and Opening and I per. business 32 square feet lines or n/a consecutive weeks districts Closing affixed to the per year building Temporary 5 feet from Signs— all property Sign allowed for 2 and All commercialdistricts Special I Per business 32 square feet lines or n/a consecutive weeks, industrial Events affixed to the 4 times per year building Not more than 50 Sign must be on the Commercial districts Window Undefined percent of the n/a n/a inside of the only total window area window area CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS CHAPTER 168 ZONING REGULATIONS PARKING AND LOADING 168.01 Purpose and Scope 168.02 Jurisdiction 168.03 Applicability 168.04 Off -Street Loading Spaces Required 168.05 Lighting Requirements 168.06 Off -Street Parking Regulations 168.07 Parking for Persons with Disabilities 168.08 Dimensional Requirements 168.09 Landscaping, Screening and Open Space Requirements 168.10 Off -Street Parking Spaces Required 168.01 PURPOSE AND SCOPE. The purpose of this chapter is to protect the health, safety, and general welfare of the citizens to be accomplished so as to: Prevent traffic congestion and hazards. 2. Provide for proper traffic safety by preserving the public thoroughfares for the unimpaired movement of pedestrian, bicycle, and vehicular traffic. 3. Provide for attractive, secure, properly lighted, and well screened off-street parking and loading facilities. 4. Assure the mobility and access of emergency vehicles. 5. Provide for appropriately designed parking and loading facilities in proportion to the needs generated by the varying types of land use in order to maintain the character of the City environment. 6. Minimize the negative visual impacts of large expanses of parking and loading areas by reducing glare from parking lots through open space and landscaping in and around parking areas. 168.02 JURISDICTION. The lawful use of parking and loading facilities existing on January 8, 2007, may be continued although such facilities may not conform to the regulations herein. Parking and loading facilities permitted before the adoption of the regulations herein shall be referred to as "permitted nonconforming uses." No permit shall be issued for any lot, tenant, or development after the effective date of this chapter unless the same is in conformity with, the provisions of this chapter. No parking or loading facility, except where specified herein, may be substantially improved, converted, enlarged or otherwise altered without conforming to this chapter. 168.03 APPLICABILITY. In any and all districts in connection with every industrial, commercial, business, recreational, or dwelling use, and all other uses, space for off-street parking and storage of any vehicle shall be provided in accordance with all of the following regulations except where otherwise specified herein. 168.04 OFF-STREET LOADING SPACES REQUIRED. 1. Loading Areas With Dock. Loading areas that have a dock shall have a minimum width of 12 feet and a minimum length of 40 feet. 2. Loading Areas Without Dock. Loading areas that do not have a dock shall have a minimum width of 10 feet and a minimum length of 25 feet. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 3. Location of Loading Areas. Loading areas shall generally be located behind a building not fronting a public street right-of-way. Loading areas should be set back from an adjoining R District a distance of at least 25 feet or not less than the minimum required landscape buffer from the R District boundary and an opaque screen or buffer should be installed and maintained. 4. Use of Street or Alley Restricted. No portion of a public street or alley should be allowed to accommodate loading area functions unless otherwise designated by the City. 168.05 LIGHTING REQUIREMENTS. Lighting requirements for off-street parking and loading areas shall comply with the standards as established in Chapters 160 through 163 (Site Plan Requirements) of this Code of Ordinances. 168.06 OFF-STREET PARKING REGULATIONS. All of the following standards shall apply to all off-street parking: 1. Parking Spaces Required. No structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this chapter. 2. Arrangement and Marking. All parking areas shall be so arranged and marked so as to provide for orderly and safe loading or unloading, parking, and storage of vehicles. 3. Use of Spaces Restricted. Required parking spaces shall be used only for the parking of vehicles for property owners, guests, renters, patrons or employees of the site. Required parking spaces shall not be used for the commercial sale, display, rental or repair of other vehicles. 4. Surfaced Areas; Private Property. All parking of vehicles, including automobiles, vans, campers, trucks, trailers, tractors, recreational vehicles, boats, construction equipment and any other mobile vehicle equipped for street and highway travel shall occur on permanent impervious surface (concrete or asphalt) areas and on private property only. 5. Fractional Spaces. Fractional space requirements shall be rounded up to the next whole space. 6. Uses with Differing Business Hours. The number of required parking spaces for uses with differing business hours that share a parking lot may be reduced by 25 percent of the total required for each use if it is determined by the administrative official that such reduction will not have a negative impact on the congestion or safety of the development. 7. Reduction In Parking Capacity Prohibited. Any required parking spaces displaced by building expansion shall be provided elsewhere on the site. No required off-street parking facility shall be reduced in capacity below the minimum requirements of this chapter. 8. Change In Building or Use; Increased Capacity. When a principal building is enlarged, increased in capacity, or when a change in use creates an increase in the amount of off-street parking space required, additional off-street parking spaces shall be required in conformity with this chapter. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS 9. Striping of Spaces. All parking spaces, except parking spaces for single- family attached and detached dwellings, shall be striped in accordance with approved site plan. The striping is to remain maintained in a clear and visible manner. 10. Maneuvering and Circulation Area. Off-street parking facilities, including (but not limited to) parking lots, loading zones, and residential driveways shall accommodate the maneuvering and circulation of all vehicles on site, so as not to impair the movement of vehicles on public streets. Except for attached and detached single-family dwellings and townhomes, there shall be no backing of any vehicle from an off-street parking space into a public street or alley unless otherwise approved by the City Council. 11. Security and Lighting;. All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users. In all cases, lighting may be regarded as an acceptable form of fulfilling the security requirement. 12. Sanitation. All parking facilities shall be maintained free of litter and debris, potholes, broken curbs, etc. 13. Auto Repair and Car Washes. For auto repair, car wash, oil change shops or other similar uses, lift racks shall not be considered as a required parking space. 14. Flexible Space. Buildings developed as "flexible space" shall be designed to accommodate eight spaces per 1,000 square feet of gross building area. "Flexible space" is defined as those buildings that are constructed to include multiple tenants, generally including retail users and restaurant users. In the case that a big box retailer is a tenant within a "flexible space" building, the minimum parking requirements shall be provided in accordance with the parking requirements of each use. "Big box retailer" is defined as a single tenant user with a minimum square footage of 50,000 square feet in gross floor area. 15. Queuing Space. For purposes of the requirements herein, a "queuing space" is defined as a space used for the accommodation of vehicular traffic in wait, having a dimension of 12 feet in width and 20 feet in length. 16. C-2 District Exempt. The C-2 Downtown Village District is exempt from the provisions of this chapter. 168.07 PARKING FOR PERSONS WITH DISABILITIES. With respect to persons with disabilities parking, all of the following apply: 1. The owner, contractor, and developer shall comply with all federal, State and local laws regarding parking for persons with disabilities, including (but not limited to) Chapter 321L of the Code oflowa and the Americans With Disabilities Act. 2. Parking spaces for persons with disabilities required by federal, State and local laws shall count toward the requirements of this chapter. 168.08 DIMENSIONAL REQUIREMENTS. Driveways. With respect to driveways, all of the following shall apply: A. An access driveway shall not be less than 10 feet in width in the case of an attached or detached single-family dwelling. CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS B. With the exception of attached or detached single-family dwellings, the minimum width of a one-way driveway shall be 16 feet. The minimum width of a two-way driveway shall be 24 feet. C. Commercial uses that require the need for a drive -through lane, the minimum drive -through lane width shall be 12 feet. In cases where the drive - through lane runs adjacent with a drive -by lane, the minimum width shall be 24 feet. 2. Parking Spaces and Aisles. With respect to parking spaces and aisles, all of the following shall apply: A. A parking space reserved for the parking of vehicles, and aisles servicing their respective parking spaces, shall have a minimum dimension based on the following table: Angle of Parking Space (Degree) Stall Width (Minimum) Aisle Width (Minimum) 0 9 feet 14 feet 45 12 feet 15 feet 50 12 feet 15 feet 55 12 feet 17 feet 60 10 feet 17 feet 65 10 feet 17 feet 70 9 feet 19 feet 75 9 feet l9 feet 90 9 feet 24 feet B. The minimum length of all parking spaces shall be 19 feet. C. Any proposed parking space of an angle other than specified in this chapter shall have a sufficient width and length of no less than nine feet by 19 feet. D. Any parking space parallel to a wall or other solid barrier shall be widened by an additional two feet. E. All parking spaces abutting a sidewalk shall have a minimum sidewalk width of six feet. When the front of a parking space abuts open space within the perimeter of the parking lot, the minimum width of the open space shall be five feet. F. When the front of a parking space abuts spaces as defined in paragraph E of this subsection, the stall length may be decreased a maximum of two feet. 3. Parking Lot Setbacks. In case of any parking area within any C or M District: A. A minimum setback of 10 feet from the public street right-of-way or public intersection shall be required. B. A minimum setback of five feet from the side yard and rear yard setback shall be required. C. In case of an R District adjoined to a C or M District: CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS (1) The parking area in an adjoining C or M District to an R District shall be set back at least 25 feet from the R District boundary line and shall be effectively screened and planted accordingly. (2) Parking may be established in any R District that immediately adjoins a C or M District, provided such parking shall be accessory to and for the use of one or more business or industrial establishments located in the adjoining C or M District; provided, however, such transitional use shall not extend more than 100 feet from the boundary of the less restricted zone. (3) All entrances and exits specified in subsection 2 of this section shall be from the adjoined C or M District or an adjoining alley of both districts involved. 168.09 LANDSCAPING, SCREENING AND OPEN SPACE REQUIREMENTS. 1. Site Plan Requirements. All parking areas shall meet the open space and landscaping requirements, including screening and buffers, as specified in Chapter 160 through 163 (Site Plan Requirements) of this Code of Ordinances. 168.10 OFF-STREET PARKING SPACES REQUIRED. In case of any building, structure, or premises, the use of which is not specifically mentioned herein, the provisions for a use that is mentioned and for any use determined to be similar shall apply, as determined by the administrative official. All of the requirements listed are the minimum that must be met: Type Of Structure Minimum Number of Spaces Animal boarding/kennel 3 spaces per I,000 square feet Assisted living center I space per 2 dwelling units; I space per staff during the shift with the largest number of employees Automotive repair station 3 spaces per service bay; l space per service vehicle; 2.5 spaces per 1,000 square feet of non -service area Automotive sales I space per 1,000 square feet of gross floor area plus 1 per 5,000 square feet of developed area Bank 3 spaces per 1,000 square feet of gross floor area; 3 queuing spaces per drive -through station Barber/beauty shop 1 space. per chair or beautician station; 1 space per staff member Type Of Structure Minimum Number of Spaces Bowling center 3 spaces per lane; 5 spaces per 1,000 square feet of floor area for associated eating and drinking laces Cafe, coffee shop, delicatessen 10 spaces per t,000 square feet, plus 3 queuing spaces per drive -through lane Car wash, drive -through oil change 2 spaces per 1,000 square feet Queuing capacity equal to 2 per service capacity Car wash - self-service l space per wash bay plus 2 queuing spaces per bay Childcare center l space per 6 children, 5 space minimum; I space per van or bus; 1 queues ace per 6 children Commercial entertainment (batting cages, ice l space per 1,000 square feet of outdoor area and building skating, mini golf, etc.) combined Consumer Fireworks Sales 10 spaces per 1,000 square feet of gross floor area Convenience store/gas station 5 spaces per 1,000 square feet of gross floor area Dance or assembly hall, theater, event center, l space per 3 fixed seats or 20 spaces per 1,000 square feet if auditorium or gymnasium no fixed seats Display Fireworks Sales I space per 1,000 square feet of gross floor area, or 1 space per 2 employees, whichever is greater CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS Drinking establishment, lounge 15 spaces per 1,000 square feet of gross floor area Driving ranges 2 Maces Der tee area Elementary and junior high schools I space per employee;; l space per class room; I space per 4 seats in gymnasiums and auditoriums Furniture, carpet, appliance — retail 2.5 spaces per 1,000 square feet of gross floor area I space per 4 fixed seats in assembly area Funeral homes/mortuary In case of no fixed seats, 10 spaces per 1,000 square feet of assembly area Fitness center/health club 4 spaces per 1,000 square feet of gross floor area Golf course 6 spaces per hole Grocery store 4 spaces per 1,000 square feet of gross floor area 1 space per employee; I space per 5 students based on the High schools maximum capacity of school; I space per 4 seats in gymnasiums and auditoriums 1 space per guest room Hotel/motel 5 spaces per 1,000 square feet associated with eating and drinking areas Independent living facility 1.25 spaces per dwelling unit 1 visitors ace per 5 dwelling units Industrial, manufacturing facility 1.5 spaces per 1,000 square feet of gross floor area Medical office/clinic 3 spaces per 1,000 square feet of gross floor area Multi -family dwelling 1 space per bedroom 1 visitors ace per 5 dwelling units Professional/business office 3 spaces per 1,000 square feet of gross floor area I space per 4 fixed seats Religious organization In cases where an auditorium is not involved, 10 spaces per 1,000 square feet of gathering space Restaurant (full service, fast food) 15 spaces per 1,000 square feet of gross floor area 5 queuing spaces per drive -through lane Retail, general commercial 4 spaces per 1,000 square feet of gross floor area Secondary, college, university, or vocational 1 space per classroom; 1 space per 4 seats at capacity; school Auditoriums and gymnasiums, l space per 4 seats l space per 20,000 square feet of gross floor area Self -storage, mini warehouse I space per 50,000 square feet of vehicle or boat storage spaces Offices aces equal to specified requirement Single-family dwelling 2 spaces per dwelling unit Townhome 2 spaces per dwelling unit; I visitor space per 5 dwelling units in case of private streets Warehouse 1 space per 1,000 square feet of gross floor area or 1 space per 2 employees, whichever is greater CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 169.01 Districts Established 169.02 Official Zoning Map 169.03 Rules for Interpretation of District Boundaries 169.04 Application of District Regulations 169.05 A4 Agricultural District 169.06 AR Single -Family Acreage District 169.07 R-1 Single -Family Residential District 169.08 R-2 One- and Two -Family Residential District 169.09 R-3 Rental Multi -Family Residential District 169.10 R-3A Owner -Occupied Multi -Family Residential District 169.17 C-2 Downtown Village District 169.18 C4 Office Park Commercial District 169.19 K-MF-Row House Kettlestone Multi -Family Row House District 169.20 K-MY-Stacked Med Kettlestone Multi -Family Stacked Medium District 169.21 K-MF-Stacked High Kettlestone Multi -Family Stacked High District 169.22 K-MU Kettlestone Mixed Use District 169.23 K-RN Kettlestone Retail Neighborhood District 169.24 K-RC Kettlestone Retail Community District CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 169.11 R4 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-IA Limited Industrial District Commercial District 169.29 M-2 Heavy Industrial District 169.15 C-IA 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-1 A 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-IA Limited Industrial District M-2 Heavy Industrial District COS Conservation and Open Space District PD-I 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. hi 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 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. I. Compliance with District Regulations. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. CHAPTER 169 [The next page is 1303] ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. 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 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 Dermitted uses Lot Width 200 feet Minimum Front Yazd 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 50 feet total side yard, minimum 20 feet on one side Minimum Side Yazd Depth for single-family dwelling; 35 feet on each side for other principal permitted uses 3 stories or 40 feet - principal building; 1 story or 20 feet - accessory building (lots less than Maximum Height 10 acres); 1 story or 30 feet - accessory building (lots of 10 acres 1,050 square feet for dwelling; if building is two or Minimum Floor Area 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. [The next page is 1309] CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. 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 50 feet total side yard, minimum 20 feet on one side Minimum Side Yard Depth 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 1,050 square feet for dwellings; if a building is two or more stories, first floor shall be a minimum of 800 Minimum Floor Area 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. El CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. [The next page is 1315] CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 oflowa. C. Family homes as permitted by and as limited by Section 414.22 of the Code oflowa. 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. L 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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: 10,000 square feet for each dwelling plus its Lot Area accessory building 20,000 square feet where no public sewer facilities are available 80 feet; or 100 feet where no public sewer facilities Lot width are available Cotner lots shall be 10 feet wider 30 feet Front Yard Rear Yard 30 feet for dwelling; 40 feet for other principal permitted uses A total of 15 feet; one side may be reduced to not Side Yard less than 7 feet; 15 feet for any other principal permitted uses. 3 stories or 40 feet for principal building Maximum Height 1 story or 14 feet for accessory building 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 Floor Area 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: CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS Room Type Room Area Maximum Occupant Load Bedroom room At least 70 sq. ft. but less than 120 s. ft 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 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. [The next page is 1323] CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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: 8,000 square feet for each single-family dwelling; 10,000 square feet for each two-family dwelling. Lot Area 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 65 feet for single-family dwelling; 80 feet for two - Lot Width family dwelling; comer lots shall be 10 feet wider 100 feet where public sewer is not available 30 feet Front Yard Rear Yard 30 feet for dwelling; 40 feet for other principal permitted uses A total of 15 feet; one side may be reduced to not less Side Yard than 7 feet; 15 feet for any other principal permitted use. Maximum Height 3 stories or 40 feet for principal building I story or 14 feet for accessory building CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 Area 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. I 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. 19 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS (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. CHAPTER 169 [The next page is 13311 ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 169.09 R-3 MULTI -FAMILY RESIDENTIAL DISTRICT. The R-3 District is established to provide for rental multiple -family residential uses (apartments). I. 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 pemritted 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 her 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 Der acre Lot Width 75 feet 30 feet Front Yard Rear Yard 30 feet for dwelling; 40 feet for other principal permitted uses A total of 15 feet; one side may be reduced to not Side Yard less than 7 feetl,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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 750 square feet per unit except for efficiency units Floor Area and one -bedroom apartments, which shall be 600 sauare feet Where more than one principal building is More Than One Dwelling constructed on a lot such principal buildings shall be Unit on Lot 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. ft 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. [The next page is 1337] CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 30 feet Front Yard 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 A total of 15 feet; one side may be reduced to not Side Yard 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 750 square feet per unit except for efficiency units Floor Area and one -bedroom apartments, which shall be 600 square feet More Than One Dwelling Where more than one principal building is Unit on Lot constructed on a lot such principal buildings shall be separated by not less than 40 feet and the front, rear, CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS and side yards shall be determined considering all principal buildings as one unit. 4. Dwelling Occupant Load: The maximum permitted occupant load within a dwellin¢ unit in anv residential district shall not exceed the followine: 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. S. 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. CHAPTER 169 [The next page is 13411 ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 231BA of the Code oflowa. D. Family homes as permitted by and as limited by Section 414.22 of the Code oflowa. E. Family homes as permitted by and as limited by Section 414.22 of the Code oflowa. 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 A total of 12 feet for single unit townhomes 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. ft 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 urpose room FIP 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. CHAPTER 169 [The next page is 1345] ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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; CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS (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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. S. 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. [The next page is 1353] CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS (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. 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. 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 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS Health. All mobile home developments must be connected to the municipal water system. All electrical and telephone lines shall be placed underground. comr.19110,19C.S'i [The next page is 1365] ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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-lA 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 au 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 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 CHAPTER 169 ZONING REGULATIONS 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. No minimum except when adjacent to an R-1, R-2 or Maximum Height 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-IA NEIGHBORHOOD COMMERCIAL DISTRICT. The C-IA 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. I. 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 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 Lot Width no minimum Minimum Front Yard 30 feet Minimum Rear Yard Minimum Side Yard No minimum, except when adjacent to any R District, the minimum side yard setback shall be 30 feet. 2 stories or 40 feet for principal building Maximum Height 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. 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 13811 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-113 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-IA 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: Area no minimum Lot Width no minimum 50 feet; when fronting on the right-of-way of a major Front Yard 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 No minimum shall apply except where the side yard is Side Yards adjacent to an R District, in which case the side yard shall be at least 40 feet. 50 feet; except that radio communication towers, Maximum Height 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. CAI•./_�'TIII �l:iC.i] [The next page is 13851 ZONING REGULATIONS DISTRICT REGULATIONS 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-lA 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 10 feet for commercial or mixed -use properties; Minimum Front Yard 30 feet for properties adjacent to Hickman Road (US Highway 6) None for commercial uses, except for principal Minimum Rear Yard permitted uses adjacent to residential properties not within the C-2 Downtown Village District, which shall provide a minimum of 25 feet No minimum, except for principal permitted uses adjacent to residential properties not within the C-2 Minimum Side Yard 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. 40 feet for commercial or residential only buildings, except that radio communication towers constructed Maximum Height 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 3 stories for commercial or residential only buildings; Stories 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 [The next page is 1395] ZONING REGULATIONS DISTRICT REGULATIONS 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 C4 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 Lot Width no minimum Minimum Front Yard 40 feet Minimum Rear Yard 30 feet No minimum, except when adjoining any R District or Minimum Side Yard street right-of-way, the minimum side yard setback shall be 30 feet. No maximum except when adjacent to R-1,. R-2 or R- Maximum Height 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 Lot Width No minimum requirement 15 feet maximum when fronting on a public right -of - Front Yard way or private street frontage. 20 feet minimum for accessory structures 5 feet for both principal and accessory structures. Side Yards 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 30 feet between principal building and accessory Separation building Minimum Height Principal building — 2 stories Maximum Height Principal building — 3 stories Accessory building — 1 story Maximum Density 12 dwelling units Der acre Minimum Floor Area 800 square feet Der 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 14071 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 No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 30 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 30 feet. 5 feet for accessory structures. Principal Building 10 feet .a' 7,g .' ZONING REGULATIONS DISTRICT REGULATIONS Accessory Building 30 feet between principal building and accessory Separation buildine Minimum Height Principal building — 2 stories Maximum Height Principal building — 3 stories Accessory building — 1 story Maximum Density 14 dwelline 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] WINTOWNRUM 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 No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building 10 feet CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS Accessory Building 30 feet between principal building and accessory Separation 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 Der 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 No minimum and a maximum of 20 feet for principal Front Yard permitted uses. 20 feet minimum for accessory structures No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building No minimum Accessory Building 30 feet between principal building and accessory Separation building Minimum Height Principal building — 2 stories Maximum Height Principal building — 5 stories Accessory building — 1 story Floor Area Ratio n an Maximum Density 30 dwellinu units Der acre Minimum Floor Area 600 sauare feet per dwelline 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 Lot Width No minimum requirement Front Yard No minimum for principal permitted uses. 20 feet minimum for accessory structures No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building 25 feet Accessory Building 25 feet between principal building and accessory Separation 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] 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 No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building 25 feet Accessory Building 25 feet between principal building and accessory Separation buildine 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 fratemal 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. CHAPTER 169 ZONING REGULATIONS 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 No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building 25 feet Accessory Building 25 feet between principal building and accessory Separation 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 No minimum for principal permitted uses unless Side Yards adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. No minimum for principal permitted uses unless Rear Yard adjacent to adjoining single-family, in which case the minimum setback shall be 50 feet. 5 feet for accessory structures. Principal Building 25 feet Accessory Building 25 feet between principal building and accessory Separation buildine 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. CHAPTER 169 ZONING REGULATIONS 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, yams, 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 None required except when adjacent to an R or C-1 Side Yard 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. 40 feet, except that radio communication towers Maximum Height 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 [The next page is 1457] ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 169.28 M-IA LIMITED INDUSTRIAL DISTRICT. The M-lA 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-IA 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, yams 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 No minimum, except when adjoining an R District or Minimum Side Yard C-1 District or street right-of-way, the minimum side yard setback shall be 40 feet. 40 feet — principal building Maximum Height 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-lA 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 CHAPTER169 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-IA 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-lA 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-IA, 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 vard 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 DISTRICT REGULATIONS 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. , .EW§JWfl7,W .' ZONING REGULATIONS DISTRICT REGULATIONS 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. CHAPTER 169 ZONING REGULATIONS DISTRICT 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS Table 1, Application Requirements: Application Requirement PD-1 Concept PD-1 Plan Application Location, size, legal description of site X Existing topography at two -foot intervals X Location and description of major site features, including X tree masses, drains eways, wetlands, soils 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 X system Location of driveways or access points adjacent to the X project General location and size of buildings or building X footprints Site master plan, including general envelopes of X buildings, parking, open sace, and other site features Description and location of all use types included in the project, including maximum floor areas devoted to X each use Location and design of vehicular, bicycle, and pedestrian circulation systems, including relationship to external X transportation system Schematic location and development standards for open X space, including conceptual landscape plan Building design standards, including height, materials, sections, and other information required to describe X the project Location of existing and proposed utilities, sanitary sewers, storm water facilities, and water, gas, and X electrical distributions stems Proposed site development regulations, including maximum FAR or other density regulators, building and impervious coverage, setbacks, maximum X heights, and other design standards specific to the project Proposed public and private ownership boundaries, including proposed private lots and common X ownership areas Preliminary plat if applicable X Final plat if applicable X Schedule indicating proposed phasing and scheduling of X development Deed restrictions, covenants, agreements, association bylaws, and other documents controlling the use of If required property, type of construction, or development or activities of future residents Application checklist on a form provided by the City X CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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 Project must be consistent with the City's Comprehensive Plan, development including applicable special area or specific plans. Project design objectives 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. 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. Storm drainage 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 techni ues consistent with the policies of the City. Utilityservice Project is adequately served by public utilities and infrastructure. Site Development: Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering Landscaping 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 spaces should contribute to the quality of the overall project Open space 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 Project should maintain the continuity of the City's street network or should provide opportunities for local traffic flow away from major continuity arterials. Project should not reduce the existing level of traffic service on Traffic capacity adjacent streets. Compensating improvements should be included to mitigate impact on streets stem operations. CHAPTER 169 [The next page is 1487] ZONING REGULATIONS DISTRICT REGULATIONS CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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: Front Yard - 50 feet; Yards 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. CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS EDITOR'S NOTE The following ordinances have been adopted amending the Official Zoning Map described in Section 169.02 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect. ORDINANCE NO. DATE ADOPTED ORDINANCE NO. DATE ADOPTED 2709 February 27, 2012 2811 May 16, 2016 2711 July 2, 2012 2812 May 16, 2016 2712 July 2, 2012 2814 June 6, 2016 2713 July 16,2012 2815 June 6,2016 2719 October 15, 2012 2816 June 20, 2016 2720 December 3, 2012 2820 September 6, 2016 2726 April 15, 2013 2821 September 6, 2016 2727 Aril 15, 2013 2825 October 3, 2016 2729 May 6, 2013 2827 November 7, 2016 2730 May 6, 2013 2828 November 7, 2016 2731 May 6, 2013 2829 November 7, 2016 2732 June 3, 2013 2834 February 6, 2017 2737 August 5, 2013 2836 February 21, 2017 2738 August 19, 2013 2840 Aril 17, 2017 2739 September 16, 2013 2842 May 1, 2017 2748 October 21, 2013 2847 June 19,2017 2750 November 4, 2013 2850 July 10, 2017 2760 April 7,2014 2851 July 10,2017 2765 July 21, 2014 2852 July 17, 2017 2770 August 4,2014 2854 August 7, 2017 2771 August 4,2014 2858 September 25, 2017 2772 August 18, 2014 2868 November 20, 2017 2774 November 17, 2014 2869 November 20, 2017 2780 May 4, 2015 2871 December 18, 2017 2781 May 4, 2015 2872 December 18, 2017 2782 May 4, 2015 2873 January 2, 2018 2783 June 1, 2015 2874 January 2, 2018 2786 July 6, 2015 2878 March 19,2018 2788 August 3, 2015 2879 March 19, 2018 2789 September 8, 2015 2880 March 19, 2018 2790 September 8, 2015 2881 April 2, 2018 2791 November 2, 2015 2888 May 7,2018 2793 December 21, 2015 2892 July 2, 2018 2798 January 4, 2016 2893 July 2, 2018 2799 January 4, 2016 2805 Aril 18, 2016 2806 Aril 18, 2016 2807 April 18, 2016 CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS 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, provision, or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the Council this 15' day of July, 2019, and approved this 15s' day of July, 2019. Shel ughes, P siding O er Attest: Qa6wo Rebecca D. Schuett, City Clerk