HomeMy WebLinkAbout1998-09-14-Ordinance 2252_Site PlanORDINANCE NO.2252 ISITEPLANREQUIREMENTS
CITY OF WAUKEE,IOWA
AN ORDINANCE TO AMEND CHAPTER 304 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF THE FOLLOWING:
ESTABLISHING PROCEDURESFOR THE DEVELOPMENT,SUBMISSION AND APPROVAL
OF A SITE PLANi FOR THE SUBMISSION OF SUCH SITE PLAN TO THE PLANNING AND
ZONING COMMISSION FOR ITS RECOMMENDATION AND CITY COUNCIL APPROVALi
AND FURTHER ESTABLISHING PENALTIESFOR ANY VIOLATION OF SAID ORDINANCE.
WHEREAS,the City Council deems it necessary for the purpose of promoting the health,
safety,morals,and general welfare of the City of Waukee to enact such an ordinance,and
WHEREAS,the Planning and Zoning Commission has made a preliminary report and
submitted its final report to the City Council,and
WHEREAS,the City Council has given due public notice of hearings regarding site plan
requirements,procedures and penalties,and has held such public hearing;
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,
IOWA:]
CHAPTER 304
An ordinance providing rules,regulations and standards to guide development and
subdivision and approval of site plans in Waukee,Iowa.
§304.1 This ordinance shall be known,cited and referred to as "Site Plan Requirements of
the City of Waukee,Iowa."
SITE PLAN REQUIREMENTS
§304.2 PURPOSE AND APPLICATION.It is the intent and purpose of this ordinance to
establish a procedure which will enable the City to review certain proposed improvements
to property within specified zoning districts of the City to insure compliance with all
applicable zoning,subdivision and building regulations.Site plans shall only be required
whenever any person proposes to place any structure for which a building permit is required
under any other section of this Code,on any tract or parcel of and within any district of the
Waukee Zoning Ordinance,and for any use,except one and two family dwellings,which will
be required to have a plot plan showing setbacks.
§304.3 DESIGN STANDARDS.The standards of design provided herein are necessary to 1
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insure the orderly and harmonious development of property in such manner as will safeguard
property values and the public's health,safety and general welfare.
A.The design of the proposed improvements shall make adequate provisions for surface
and subsurface drainage,for connections to water and sanitary sewer lines,each so
designed as to neither overload existing public utility lines nor increase the danger of
erosion,flooding,landslide,or other endangerment of adjoining or surrounding
property.
B.The proposed improvements shall be designed and located within the property in such
manner as not to unduly diminish or impair the use and enjoyment of adjoining
property,and to this end shall minimize the adverse effects on such adjoining property
from automobile headlights,illumination of required perimeter yards,refuse
containers,and impairment of light and air.For the purpose of this section,the term
"use and enjoyment of adjoining property"shall mean the use and enjoyment
presently being made of such adjoining property,unless such property is vacant.If
vacant,the term "use and enjoyment of adjoining property"shall mean those uses
permitted under the zoning districts in which such adjoining property is located.
C.The proposed development shall have such entrances and exits upon adjacent streets
and such internal traffic circulation pattern as will not unduly increase congestion on
adjacent or surrounding public streets.
D.To such end as may be necessary and proper to accomplish the standards in
paragraphs A,B,and C above,the proposed development shall provide fences,walls,
screening,landscaping,erosion control or other improvements.
E.The proposed development shall conform to all applicable provisions of the Code of
Iowa,as amended,and all applicable provisions of the Waukee Municipal Code,as
amended.
§304.4 REQUIRED INFORMATION.All site plans required under §304.2 of this ordinance,
unless waived by the City Council,shall include as a minimum the following information:
A.Date of preparation,north point and scale.
B.Legal description and address of the property to be developed.
C.Name and address of the record property owner,the applicant,and the person or firm
preparing the site plan.
D.The existing and proposed zoning.
E.The existing topography with a maximum of two (2)foot contour intervals.Where
existing ground is on a slope of lessthan two percent (2%),either one (1)foot contours
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or spot elevations where necessary but not more than fifty (50)feet apart in both
directions,shall be indicated on site plan.)
F.Existing and proposed utility lines and easements in accordance with City of Waukee
Standard Specifications and Land Subdivision Regulations.
G.Total number and type of dwelling units proposed;proposed uses for all buildings;
total floor area of each building;estimated number of employees for each proposed
use where applicable;and any other information which may be necessary to
determine the number of off-street parking spaces and loading spaces required by the
zoning ordinance.
H.Location,shape,and all exterior elevation views of all proposed buildings,for the
purpose of understanding the structures,the location of windows,doors,overhangs,
projection height,etc.and the grade relationship to floor elevation,and the number
of stories of each existing building to be retained and of each proposed building.
I.All required yard setbacks.
J.Location,grade and dimensions of all existing and proposed paved surfaces and all
abutting streets.
K.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.
L.Location and type of existing or proposed signs.Scaled drawings of all signs with
exterior dimensions and mounting height.Total area of each sign.Provide samples
of letters and logos and the full message to appear on the sign.Description of
materials and colors of background and letters.The means and magnitude of
illumination.
Exception:On buildings being constructed for future lease to multiple tenants,the
developer will propose,and have approved,a signage theme for the entire property,and the specific
signage for individual tenants will be reviewed and approved before a Certificate of Occupancy
is issued to that particular tenant.
M.Lighting plan:Provide a site lighting plan,indicating number,location,type,fixture
height,power rating and shielding method of all existing and proposed lighting.
Submit photometries review.
N.Photographs of the existing and adjoining sites.
P.Provide a color rendering of the proposed structure(s),noting all finish materials on 1
O.Proposed locations of dumpsters and outside work areas.
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drawing and furnish color samples,if required by staff or Planning and Zoning.
Q.Proposed location of all outside mechanical equipment,roof equipment,electrical
equipment,and solar panels,including the means of screening.
R.Location of existing trees six (6)inches or larger in diameter,landslide areas,springs
and streams and other bodies of water,and any area subject to flooding by a
one hundred (100)year storm on site and downstream off site.
S.Proposed location,amount and type of any proposed landscaping.Location of
landslide areas,plantings,fences,walls,or other screening as required by the zoning
regulations and the design standards set forth in §304.3 of this ordinance.
T.A vicinity map at a scale of 1"=500'or larger,showing the general location of the
property,and the adjoining land uses and zoning.
U.Soil tests and similar information,if deemed necessary by the City Engineer,to
determine the feasibility of the proposed development in relation to the design
standards set forth in §304.3 of this ordinance.
V.Where possible ownership or boundary problems exist,as determined by the Zoning
Administrator,a property survey by a licensed land surveyor may be required.
W.Additionallnformation,drawings,or other materials necessary to describe a proposed
project may be requested by the Planning and Zoning Commission or staff.The
applicant may include additional information or materials such as sketches,videos,
models,or photos,if they help explain the proposal.
§304.5 OPEN SPACE,LANDSCAPING,PARKING AND ARCHITECTURAL REQUIREMENTS.
The requirements set forth in this section for open spaces,landscaping,parking and
architectural standards shall apply to any development or redevelopment except one and two
family dwellings.
A.Open Space Required:On each lot,except for one and two family dwellings,there
shall be provided open space equal to at least the minimum required in the zoning
ordinance for each district.Said open space shall be unencumbered with any
structure,or off-street parking or roadways and drives,and shall be landscaped and
maintained with grass,trees and shrubbery.When the entire lot is not developed,the
open space requirement shall be based in proportion to the area of the improved
portion of the lot.
1.Each principal structure of an apartment or office complex on same site shall be
separated from any other principal structure in the complex by an open space of
not less than sixteen (16)feet.
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B.Landscaping Required:Any development,except one and two family dwellings,shall
provide the following minimum number and size of landscape plantings based on the I
minimum required open space for the development.The following is the minimum
requirement of trees and shrubs,by number and size,and type of ground cover.Street
trees planted in public street right-of-way subject to approval by the City shall not be
counted toward fulfillment of the minimum site requirements set forth below.Plant
species to be used for landscaping shall be acceptable to the City that 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,box elder,and silver
maple.Existing trees and shrubs to be retained on site may be counted toward
fulfillment of the landscaping requirements.Specific types of trees may be requested
by the City,in order to create a theme,or more uniform appearance.
1.Minimum requirements at the time of planting -Two (2)trees minimum or one (1)
tree of the following size per 1,500 square feet of open space,whichever is greater,
or an alternative approved by the Planning and Zoning Commission:
40 Percent 1)1;,"-2"caliper diameter
Balance 1u -1Y,/I caliper diameter
(Evergreen trees shall not be less than six (6)feet in height).
2.Minimum requirements at the time of planting -6 shrubs,or 1 shrub per 1,000
square feet of open space,whichever is greater,or an alternative approved by the
Planning and Zoning Commission:.
3.To reduce erosion,all disturbed open space areas shall have ground cover of grass
or native vegetation which is installed as sod,or seeded,fertilized and mulched.
C.BUFFER REQUIRED:The following conditions shall require a buffer which shall be
a landscaped area,wall,or other structure intended to separate and obstruct the view
between two adjacent zoning districts,land uses or properties:
1.Any R-3,R-4,R-5 and R-6 District,all C Districts,and all M Districts which abut
any AR,R-1 or R-2 Districts shall require a buffer as described in this section.
2.All M Districts which ahut any R-3,R-4,R-5,R-6,and all C Districts shall provide
a buffer as required by this section;however,if the use proposed within the M
District is a use permitted in the adjoining district,the requirement of a buffer may
be waived by the City Council after a recommendation from the Planning and
Zoning Commission.
3.Any R-3,R-4,R-5,or R-6 District which abuts any different R-3,R-4,R-5 or R-6
District shall require a buffer as described in this section.
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4.Any storage area,garbage storage,junk storage or loading docks,and loading
areas,in any District shall be screened from public street view by a buffer.
D.BUFFERS.Buffers required under the provisions of this section or elsewhere in the
zoning ordinance shall be accomplished by anyone or approved combination of the
following methods:
1.Buffer Wall:A buffer wall shall not be less than six (6)feet in height:constructed
of a permanent low maintenance material such as concrete block,cinder block,
brick,concrete,precast concrete,tile block,etc.:the permanent low-maintenance
wall shall be designed by an architect or engineer for both structural adequacy and
aesthetic quality:weather resistant wood may be used as a substitute material if
designed with adequate structural integrity and permanency and approved by the
Planning and Zoning Commission and City Council.
2.Landscape Buffer:A landscape buffer shall not be less than twenty-five (10)feet
in width,designed and landscaped with earth berm and predominant plantings of
evergreen type trees,shrubs and plants so as to assure year around effectiveness:
height of berm and density and height of plantings shall be adequate to eventually
serve as a solid and unpenetrable screen.A vinyl coated chain link fence may exist
for security purposes,but is not considered a part of the landscape screening to
satisfy the intent of this requirement.
3.Contiguous to a Conservation and Open (COS)District,or district where adjoining
buffer width is required,use of fence or wall,and landscaping required will be
determined on a case-by-case basis upon review of the site plan taking into
consideration the proposed use of the COS District for open space,trail or other
use,unless otherwise specified in the zoning ordinance.
E.BURDEN OF PROVISION OF BUFFER.The burden of provision and selection of the
buffer shal I be as follows:
1.Where two different zoning districts,requmng a buffer between them,are
developed,the above requirement is not retroactive and a buffer is not required.
If a buffer is desired,it shall be provided by mutual agreement between property
owners.However,in the event that any or all of the improved property is
abandoned,destroyed or demolished,for the purpose of renewal or
redevelopment,that portion of such property being renewed or redeveloped,shall
be considered vacant and subject to the requirements herein.
2.Where one of two different Zoning Districts requiring a buffer between them is
partly developed,the developer of the vacant land shall assume the burden,unless
otherwise specified herein.
3.Where both Zoning Districts,requiring a buffer between them,are vacant or
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undeveloped,the developer of each parcel shall be responsible for providing an
equal share of the requ ired buffer.IF.WAIVER OF BUFFER REQUIREMENTS.Where the line between two districts,
requiring a buffer,follows a street,right-of-way,railroad,stream,or other similar
barrier,the requirement for a buffer may be waived or modified by the City Council,
provided such waiver does not permit the exposure of undesirable characteristics of
land use to public view.
G.SURFACING REQUIREMENTS.All off-street parking and loading areas and access
roadways shall have a durable and dustless surface paved with asphaltic or portland
cement concrete pavement in accordance with the specifications as herein set forth.
Off-street parking of automobiles,vans,campers,trucks,trailers,tractors,recreational
vehicles,boats,construction equipment,and any other mobile vehicles equipped for
street and highway travel shall be on an asphaltic or portland cement concrete paved
off-street parking area as required herein and not parked or stored within the
landscaped open space area of the front yard between the building and public street
right-of-way.
All off-street parki ng areas and associated driveways,access roadways and frontage
roads,except driveways for single family residences,shall be constructed with
permanent,integrally attached 6"high curbing or curbing of alternate height
acceptable to the City (prefabricated portable curb stops shall not be considered an
acceptable alternate),and shall be so graded and drained as to dispose of all surface
water accumulation within the area;and shall be so arranged and marked as to
provide for orderly and safe loading or unloading and parking and storage of
self-propelled vehicles.The curbing requirements may be waived if it is determined
that surface drainage can be adequately handled by other means.
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The minimum thickness of pavement of the parking area shall be specifically designed
to accommodate the type and load bearing capacity of traffic anticipated.Material
utilized in the subgrade shall be well drained and not susceptible to frost boils.The
part of the parking utilized for driveways and access roadways,shall be specifically
designed to accommodate the type and load bearing capacity of traffic anticipated.
H.LANDSCAPING,SCREENINGAND OPEN SPACEREQUIREMENTS.It is desired that
all parking areas be aesthetically improved to reduce obtrusive characteristics which
are inherent to their use.Therefore parking areas shall be effectively screened from
general public view and contain approved shrubs and/or trees within parking islands
where multiple aisles of parking exist.Not less than five (5)percent of the interior
parking area shall be landscaped within parking islands as required by the Waukee
zoning ordinance.
I.OFF-STREET PARKING ACCESS TO PUBLIC STREETSAND INTERNAL TRAFFIC I
CIRCULATION.Off-street parking or loading facilities shall be designed so as to
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permit entrance and exit by forward movement of the vehicle for all uses,except row
dwellings which shall be permitted backward movement from a driveway.The
backing or backward movement of vehicles from a driveway,off-street parking or
loading area onto a major thoroughfare,including all thoroughfares designated as
arterial streets or major collector streets on the Major Streets Plan shall be prohibited
for all uses.Driveway approach returns shall not extend beyond the side lot line as
extended,unless such driveway is of joint usage by the adjoining lots,and driveway
approaches at roadway not less than twenty-four (24)feet for townhouse residential
dwellings,and not lessthan thirty-seven (37)feet for multi-family,non-residential uses
and multiple building complexes.
The number of ingress/egress access points to public streets from off-street parking
areas shall be in accordance with the Des Moines Metropolitan Design Standards
Manual as approved by the City and located to limit vehicular conflicts,provide
acceptable location of driveway accessesto public streets,preserve proper traffic safety
and,where possible,not impair movement of vehicular traffic on public streets.The
permitted number of ingress/egress driveway approaches to public streets for an
off-street parking lot shall be dependent upon the projected future average daily traffic
(ADT)for the public street and,as possible,public street accesses shall be located in
alignment with driveway approaches gaining access to the same public street from
property on the opposite side ofthe street.The design of off-street parking and loading
facilities shall provide traffic circulation for the internal forward movement of traffic
within the parking lot,so designed,as not to impair vehicular movement on public
streets,or backing of vehicles from an off-street parking or loading area to a public
street.
J.Handicap Accessible Parking Requirements.Provision of handicapped parking spaces
within off-street parking areas shall be in accordance with applicable federal,state and
local regulations,properly identified with signage and provided with accessible ramps
and walks in accordance with federal and state regulations,and comply with the
following parking space minimum requirements:
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Total Parking in Lot
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1001 and over
Required Minimum Number
of Handicap Spaces
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2
3
4
5
6
7
8
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2 percent of total
20 plus 1 for each 100 and over 1000
Access space or aisle adjacent to handicap accessible parking space shall be a
minimum five (5)feet wide.One in every eight handicap accessible spaces,but not
less than one,shall be served by an access space or aisle eight (8)feet wide minimum
and shall be designated "van accessible."
K.TRAFFIC ANALYSIS REQUIREMENTS.Any project,which contains 100 dwelling
units or 1,000 average daily trips as listed for uses in the Trip Generation Handbook;
Institute of Transportation Engineers,current edition,or which is determined to need
a traffic analysis by the City Engineer,shall submit a traffic analysis which provides
necessary information to determine the affect that the project will have upon the
surrounding traffic.At a minimum,the traffic analysis shall contain project trip
generation,directional distribution of project trips,traffic assignment,and capacity
analysis,including identification of congestion and turning-movement conflicts.
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L.WAIVER OF REQUIREMENTS.The City Council reservesthe right to waive or modify
to a lesserrequirement any provision or requirement of off-street parking and loading
areas contained in this ordinance,provided a report on such change is received from
the Planning and Zoning Commission,and further provided said waiver or
modification does not adversely affect the intent of these regulations to adequately
safeguard the general public and surrounding property.Exceptions will only be
considered for those useswhere special circumstances warrant a change and whereby
the modification or waiver is determined to be in the best interest of the general
public.
M.ARCHITECTURAL STANDARDS.As part of the submittal of a site plan,
architectural plans for buildings shall be submitted for review and approval by the City
Council after recommendation from the Planning and Zoning Commission.
Documentation to be submitted shall include,a color rendering of the project and I
colored building elevations showing the building's design and a description of
structural and exterior materials to be used,on all four (4)sides.The following
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standards shall be used by the City to review architectural plans:
1.ALL ZONING DISTRICTS:Adequate treatment or screening of negative
aspects of buildings (loading docks,loading areas,outside storage areas,
garbage dumpsters and HVAC mechanical units)which can be seen from any
public street and/or adjoining properties shall be required.Buildings shall be
designed or oriented not to expose loading docks,or loading areas to the
public.
2.MULTIPLE-FAMILY DWELLINGS IN ALL DISTRICTS:shall be designed and
constructed in a manner that is compatible with the design and construction of
adjoining residential uses in the neighborhood.Architectural design for
multiple-family buildings shall be meant to include:exterior building materials,
exterior details and texture,treatment of windows and doors,and a variety in the
wall and roof design to lessen the plainness of appearance which can be
characteristic of large residential buildings.Multiple-family buildings with single
plane walls and boxy in appearance shall not be considered acceptable unless the
use of exterior materials such as brick provides the elements necessary to enhance
the building's physical appearance and eliminate any plainness of appearance.
3.NON-RESIDENTIAL USES IN R DISTRICTS:Any building used for a permitted
non-residential use in an R District,shall be designed and constructed with
architecture and use of materials compatible with the residential uses within the
neighborhood.Buildings located on a residential street in an R District shall be
residential in character,and exterior materials shall be wood,brick,and/or brick
veneer,or an acceptable alternative.The architectural design and use of materials
for the construction shall be reviewed as part of any site plan.
4.ALL USES WITHIN ANY C DISTRICT:Buildings within any C District shall be
designed,having as a primary element of the building exterior,:fascia glass,brick,
concrete panels,textured concrete block,architectural steel,or stone panels with
all sides of any building built consistent in design and use of materials.The use of
wood,masonite,visible asphaltic exterior wall or roof material,aluminum or steel
siding,non-architectural sheet metal,non-textured concrete block,stucco or other
similar materials shall be discouraged except as a trim material,unless the City
Council,after receiving a recommendation from the Planning and Zoning
Commission,shall determine said material when used as a primary element,does
not distract from the physical appearance of the building.The architectural design
and use of materials for the construction shall be reviewed as part of any site plan.
5.ALL USESWITHIN THE M-DISTRICT:The use of appropriate exterior materials
to enhance the appearance of a building is encouraged by the City.The exclusive
use of certain types of sheet metal(ie:similar in appearance to that used in
agricultural buildings)as an exterior building material shall not be considered
acceptable for any facade facing public streets.The exterior material of the
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building's front elevation shall be comprised of brick,concrete panels,textured I
concrete block,architectural steel or stone panels,or other similar material.The
architectural design and use of materials for the construction shall be reviewed as
part of any site plan.
§304.6 REVIEW GUIDELINES:When reviewing a site plan,the Planning and Zoning
Commission,and City Council shall consider the following guidelines.In no case may these
guidelines be used to attempt to replace or override the requirements of the Waukee Zoning
Ordinance.
A.DEFINITION OF TERMS:
COMPATIBILITY:neighboring buildings should fit well together in appearance of
architectural style,materials,scale,and color,as viewed from the street scape.
This criteria shall not mean that all buildings must look alike.
HARMONY:the development shall be aesthetically pleasing from the combination
of architectural design,landscape elements,miscellaneous structures,and the
design of movement of vehicular and pedestrian traffic.
LANDSCAPE ELEMENTS:shall mean the various elements of nature,topography,
buildings and other man-made objects viewed in relation to one another.
JMISCELLANEOUSSTRUCTURES:Structures,other than buildings,visible from
public ways.Examples are:monuments,antennas,sheds,shelters,fences,and walls,
transformers,drive-up facilities.
SCALE:the relationship of the size of elements to one another and to the human
figure.
SCREENING:Structures and/or plantings which conceal an area from view of
,a public way.
STREET FURNITU RE:Man-made objects other than buildings which are part of the
street scape.Examples are;benches,litter containers,planting containers,
sculptures,vending machines and newspaper dispensers.
STREETSCAPE:The scene from the public street or way composed of natural and
man-made elements,including buildings,paving,plantings,street furniture and
miscellaneous structures.
§304.7 BUILDING PERMITS -APPLICATION.No building permit shall be issued for the
construction of any structure that is subject to the provisions of this ordinance,until a site plan I
has been submitted for review covering the land upon which said structure is to be erected,
and further,approved by City Council for such development in accordance with this
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ordinance.
§304.8 PROCEDURE.
A.Pre-Application Conference:Whenever any person proposes to place any structure
for which a building permit is required under any other section of this Code,on any
tract or parcel of land within any district of the Waukee Zoning Ordinance,and any
use,except one and two family dwellings,the person shall submit to the City
Administrator a request for a Pre-Application Conference.
The Conference shall include the applicant or his representative and the City
Administrator or his designee and the City Engineer.The purpose of the Conference
shall be to acquaint the City staff with the proposed construction and to acquaint the
applicant or his representative with the procedures and with any special problems that
might relate to such construction.
The applicant shall furnish a legal description of the subject real estate at the time of
requesting a Pre-Application Conference,and the Conference shall be held within
seven (7)days of such request.
B.Continuous Site Plan Review.After completion of the Pre-Application Conference as
required by subsection A of this section,and in the event the applicant wishes to
proceed with the construction as discussed at said Conference,he shall cause to be
prepared a site plan of such proposed construction,and shall submit five (5)copies of
the same to the City Administrator and one (1)copy to the City Engineer.The site plan
shall be accompanied by a cover letter requesting review and approval of said plan.
The payment of the application fee is as follows:
Site plan review -one acre or less -$50.00.
Site plan review -more than one acre -$75.00.
The applicant shall be responsible for just and reasonable costs incurred by the City
for review of site plans deemed necessary by the City to insure proper conformance
with City ordinances and standard specifications.The City Engineer will provide the
applicant with a written estimate of these costs at the Pre-application conference.
The site plan shall contain all the information required by §304.5 and §304.6 of this
ordinance unless otherwise waived by the Zoning Administrator.
The Zoning Administrator shall retain one (1)copy for his review and comment.The
remaining copies shall be retained by the City Administrator for review and
distribution.The Zoning Administrator and City Engineer shall review the plan for
conformance of the design to the standards and required data set forth in §304.4 and
304.5 of this ordinance.
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C.Action:
1.The City Administrator shall promptly notify the applicant in writing of any
revisions or additional information needed as required by §304.4 and 304.5.If
necessary,the applicant shall make revisions and resubmit the revised plan(s)to
the City Administrator for compliance.If the site plan complies with requirements
set forth in this ordinance,the applicant shall submit twelve (12)copies of the plan
to the Planning and Zoning Commission for approval,disapproval,or approval
subject to cond itions.
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2.The Commission shall in its regularly scheduled meeting,act upon the site plan
and accompanying material.The City Engineer,City staff and other departments
shall submit to the Commission their recommendation.The applicant or a
representative shall be present at the meeting.Action of the Commission shall be
approval,approval subject to conditions,denial,or table for further review.
3.Approval by Commission.In the case of approval by the Commission,the
approval shall be documented on seven (7)copies of the site plan.One (1)copy
shall be returned to the applicant,one (1)copy retained by the Commission and
six (6)copies shall be forwarded to the City Council.Additional copies of the plan
may be required,at the City's request.
4.Conditional Approval by Commission.In the case of approval subject to I
conditions by the Commission,the approval shall be documented on seven (7)
copies of the site plan and the conditions determined attached thereto.One (1)
copy shall be returned to the builder,one (1)copy shall be retained by the
Commission,and six (6)copies shall be forwarded to the City Council.The
applicant shall provide revised copies of the site plan in accordance with the
Commission action and submit twelve (12)copies to the City Clerk prior to
Council action.The City Clerk shall forward one (1)copy to the City Engineer,six
(6)copies to the City Council and one (1)copy for the Commission files,and the
remaining balance to other City Departments/Utilities.
5.Disapproval by Commission.In the case of disapproval by the Commission,the
disapproval shall be documented on three (3)copies of the site plan.One (1)copy
shall be returned to the applicant,one (1)copy shall be retained by the
Commission,and one (1)copy shall be retained by the City Clerk.
6.Council Action.At the next regularly scheduled Council meeting following
Commission action,the Council shall act on the site plan and accompanying
material.The applicant or a representative shall be present at the meeting.Action
of the Council shall be approval,denial,or table for further review.
7.Approval by Council.In the case of approval by the Council,the approval shall
be documented on three (3)copies of the site plan.One (1)copy shall be returned I
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to the applicant.One (1)copy shall be forwarded to the Commission,one (1)copy
shall be retained by the City Clerk.Applicant may then proceed with approval of
building permit and accompanying material.
8.Denial by Council.In the case of denial by the Council,the denial shall be
documented on three (3)copies of the site plan.One (1)copy shall be returned
to the applicant,one (1)to the Commission,and one (1)copy shall be retained by
the City Clerk.
9.Resubmittal of Site Plan Denied by Council.A site plan that has been approved
by the Commission and denied by the Counci I may be revised by the applicant in
accordance with the Council Action and twelve (12)copies resubmitted to the
Commission for approval as before.
10.Resubmittal of Site Plan Denied by Council and Commission.A site plan that has
been denied by both the Commission and the Council may be resubmitted to the
City by the applicant for Commission and Council approval with respect to the
original terms of these procedures,which includes twelve (12)copies of the site
plan and filing fees.Resubmittal under these terms shall be considered a new site
plan subject to fees and procedures outlined in §304.7.
§304.9 VALIDITY OF APPROVAL.
A.A site plan shall become effective upon certification of approval by the City Council.
8.The City Council approval of any site plan required by this article shall remain valid
for one (1)year allowing one (1)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 article "actual
construction"shall mean 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 shall not constitute actual construction.
§304.10 SITE PLAN AMENDMENT.Approved site plans may only be amended in
accordance with the standards and procedures established herein for the submittal of a new
site plan,including payment of fees.
Exception:The Zoning Administrator 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 Zoning Administrator.No fees shall be required for
such minor changes,but the Zoning Administrator may require drawings to evaluate the
change.
A.Moving building walls within the confines of the smallest rectangle that would have
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enclosed each original approved building(s).Relocation of building entrances or exits,1
shortening of building canopies.Changes in exterior trim materials,or minor changes
in exterior building materials.
B.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.
C.Changing angle of parking or aisle provided there is no reduction in the amount of
off-street parking as originally approved.
D.Substituting plant species provided a landscape architect,engineer or architect certifies
the substituted species is similar in nature and screening effect.
E.Increasing peripheral yards.
§304.11 APPLICABILITY TO EXISTING DEVELOPMENT.The requirements of this article
shall not apply to the placement of any structure for which building permits have been issued
as of the date of the adoption of this ordinance,provided that if such building permit shall
expire,then a new building permit shall not be issued until the requirements of this ordinance
have been met.Provided further,that if an existing structure is to be reconstructed,enlarged,
expanded,or otherwise increased:
A.In the case of building uses,in an amount 50%or greater of its existing ground
coverage and/or total floor space;or
B.In the case of non-building uses or non-building portion of uses,in the amount 50%
or greater of the existing developed non-building site area,then the provisions of this
ordinance shall apply.
§304.12 VIOLATIONS AND PENALTIES.Any person,firm,partnership,association or
corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor
and shall be punished by a fine of not more than One Hundred Dollars ($100)or by
imprisonment for not more than thirty (30)days,or by both such fine and imprisonment.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 thirty (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.
§304.13 SEVERABILITY.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 I
a whole or any section,provision or part thereof not adjudged invalid or unconstitutional.
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§304.14 EFFECTIVEDATE.This ordinance shall be in effect after its final passage,approval
and publication as required by law.
Passed by the City Council of the City of Waukee,Iowa,this 14th day of September,1998,
and approved this 14th day of September,1998.
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