HomeMy WebLinkAbout2017-05-30-Ordinance 2846_Fireworks SalesORDINANCE NO.2846
AN ORDINANCE TO AMEND CHAPTER 301,ZONING ORDINANCE,
WAUKEE MUNICIPAL CODE,BY AMENDING PROVISIONS OF THE
ZONING ORDINANCE REGARDING FIREWORKS SALES RELATED USES
Section 1.Internal References.All references to section numbers in this
ordinance shall be to sections contained within Chapter 301,Zoning Ordinance,unless
otherwise specified.
Section 2.Amendment —301.3 Definitions.In Chapter 301.3 Definitions,the
following words and terms shall be added:
Consumer Fireworks means First-Class consumer fireworks and Second-Class
consumer fireworks as set forth under Iowa Coe Chapter 100.
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 fifly percent (50%)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.
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.
Section 3.Amendment —301.22 "M-I"Li ht Industrial District.In Chapter
301.22A entitled Principal Permitted Uses,is hereby deleted and the following inserted in
lieu thereof:
Principal Permitted Uses.Only the uses of structures or land listed in
this section shall be permitted in the "M-1"District,provided,however,
that 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 Section 301.26.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.
1.Greenhouses
2.Mini Warehouses,Self Storage
3.Any of the following commercial,retail or services uses:
a.Animal hospital
b.Bakeries or bakery outlets
c.Bicycle shops,sales and repairs
d.Bowling alley
e.Clubs,lodges and churches
f.Collection office for public utility
g.Dance studios,gymnastics,martial arts and other similar facilities
h.Furniture store
i.Hardware store
j.Paint/wallpaper store
k.Funeral homes and mortuaries
1.Household appliances —sales and repair
m.Launderettes and dry cleaning establishments
n.Meat market for storage
o.Plumbing,heating and air conditioning shops
p.Printing shops
q.Wholesale display and sales room
r.Car wash
s.Commercial swimming pools,skating rinks,golf driving ranges,
miniature golf courses,drive-in theatres and similar recreational
uses and facilities
t.Garage for general motor vehicle repair
u.Recreational vehicle parks
4.Assembly of small electrical appliances,small industrial and electronic
instruments and devices,radios,phonographs and television sets,
including the manufacture of small accessory parts only,such as coils,
condensers,transformers,crystal holders and similar products.
5.Commercial trade schools.
6.Compounding and packaging of drugs,pharmaceuticals,cosmetics,
perfumes and toiletries.
7.Consumer fireworks sales.
8.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,
wal'eliouslllg,01'testing.
9.Manufacturing,assembling,compounding,processing,packaging,or other
comparable treatment of the following:
a.Bakery goods,candy and food products.
b.Cameras and other photographic equipment.
c.Electric and neon signs,outdoor advertising signs.
d.Musical instruments,toys,novelties,and rubber and metal hand
stamps.
e.Pottery and other ceramic products using only previously
pulverized clay,and kilns fired only by electricity or gas.
f.Products from the following previously prepared materials:bone,
canvas,cellophane,cloth,rope,cord,twine,feathers,felt,fiber,
fur,glass,hair,horn,leather,paper,cardboard,plastics,natural and
synthetic rubber,precious or semi-precious metals or stones,
shells,textiles,tobacco,wax,wood,yarns,light metal mesh,pipe,
rods,strips or wire.
g.Small precision instruments,such as barometers,clocks,watches
and compasses.
10.Printing,lithographing or film processing plants.
11.Radio and television broadcasting stations and studios,but not including
antennas or towers.
12.Warehouses for storage of merchandise or material in connection with the
uses permitted in this district only.
13.He 1iports.
14.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
Section 4.Amendment —301.22 "M-IA"Limited Industrial District.In
Chapter 301.23B entitled Uses Pertnitted,is hereby deleted and the following inserted in
lieu thereof:
Uses Permitted.Only the use of structures of land listed in this section
shall be permitted in the "M-1A"District.
1.Any use permitted in M-1 Districts.
2.Adult entertainment businesses.
3.Bag,carpet and rug cleaning.
4.Bakeries.
5.Welding or other metal working shops.
6.Casting,express,hauling or storage yards;contractors equipment
and materials storage yards.
7.Creamery,bottling works,ice creatn manufacturing (wholesale),
ice manufacturing and cold storage plant.
8.Display fireworks sales.
9.Enameling,lacquering or japanning.
10.Laboratories;research,experimental and testing.
11.Lumber yards and building material sales yards.
12.Machine shops.
13.Manufacture of musical instruments and novelties.
14.Manufacture or assembly of electrical appliances,instruments and
devices.
15.Manufacture of pottery or other similar ceramic products,using
only previously pulverized clay and kilns fired only by electricity
or gas.
16.Manufacture and repair of electric signs,advertising structures,
sheet metal products,including heating and ventilating equipment.
17.Milk distribution station.
18.Manufacture of wood products not involving chemical treatment.
19.The manufacturing,compounding,processing,packaging or
treatment of cosmetics,pharmaceuticals and food products except;
fish and meat products,cereals,sauerkraut,vinegar,yeast,stock
feed,flour and the rendering or refining of fats and oils.
20.The manufacture,compounding,assembling or treatment of
articles or merchandise from previously prepared materials such as
bone,cloth,cork,fiber,leather,paper,plastics,metals or stones,
tobacco,wax,yarns and wood.
21.Printing plant.
22.Storage and sale of livestock feed,providing dust is effectively
controlled.
23.Flammable liquids storage not to exceed 40,000 gallons,provided
it is located at least 200 feet from any "R"District.
24.Wholesale storage and warehouse establishments.
25.Monument Sales Yards
Section 5.Amendment-301.27 Parkin and Loadin Areas.In Chapter 301.27J
entitled Off-Street Parking Spaces Required,is hereby amended to add the following
minimtun parking space requirements:
T e of Structure
Consumer Fireworks Sales
Display Fireworks Sales
Minimum Number of S aces Re uired
10 spaces per 1,000 sq.ft.of GFA
I space per 1,000 sq.ft.of GFA or I space
per 2 employees,whichever is greater
Section 6.Re ealer.All ordinances or parts or ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 7.Severabili 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 30"day of May,2017,and approved this 30"'day of May,2017.
Anna Bergman,M or Pro Tem
Attest:
Rebecca D.Schuett,City Clerk