HomeMy WebLinkAbout1997-06-16-Ordinance 2226_Zoning RegulationsORDINANCE NO.2226
ZONING ORDINANCE
CITY OF WAUKEE,IOWA
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE
CITY OF WAUKEE,IOWA,AND PROVIDING FOR THE ADMINISTRATION,
ENFORCEMENT,AND AMENDMENT THEREOF,IN ACCORDANCE WITH THE
PROVISIONS OF CHAPTER 414,CODE OF IOWA,AND FOR THE REPEALOF CHAPTER
301 OF THE MUNICIPAL CODE AND ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS,Chapter 414,Code of Iowa,empowers the City of Waukee to enact a zoning
ordinance and to provide for its administration,enforcement,and amendment,and
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 City Council,pursuant to the provisions of Chapter 414,Code of Iowa,has
appointed a Planning and Zoning Commission to recommend the boundaries of the
various original districts and appropriate regulations to be enforced therein,and
WHEREAS,the Planning and Zoning Commission has divided the city into districts and has
prepared regulations pertaining to such districts in accordance with an approved
comprehensive plan,designed to preserve the availability of agricultural land;to consider
the protection of soil from wind and water erosion;to encourage efficient urban
development patterns;to lessen congestion in the streets;to secure safety from fire,panic,
and other dangers;to promote health and the general welfare;to provide adequate light
and air;to prevent the overcrowding of land;to avoid undue concentration of population;
to promote the conservation of energy resources;to promote reasonable access to solar
energy;and to establish adequate provisions for transportation,water,sanitation,schools,
parks,and other public requirements,and
WHEREAS,the Planning and Zoning Commission has given reasonable consideration,
among other things,to the character of districts and their peculiar suitability for particular
uses,with a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the municipality,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 related to zoning
districts,regulations,and restrictions,and has held such public hearings,and
WHEREAS,all requirements of Chapter 414,Code of Iowa,with regard to the preparation
of the report of the Planning and Zoning Commission and the subsequent action of the City
Council have been met;NOW,THEREFORE,
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA:
CHAPTER 301
SECTION
§301.1.TITLE.This Ordinance shall be known and may be cited and referred to as the
"Zoning Ordinance"of the City of Waukee,Iowa,and shall be referred to herein as "this
ordinance."
§301.2.INTERPRETATION OF STANDARDS.In their interpretation and application,the
provisions of this ordinance shall be held to be minimum requirements.Where this
ordinance 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 this ordinance shall
control.If any other statute,ordinance or regulation imposes higher standards than are
required by this ordinance,such statute,ordinance or regulation shall control.Any
regulation adopted under the authority of this ordinance 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.
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§301.3.DEFINITIONS.For the purpose of this ordinance certain terms and words are
hereby defined.Words used in the present tense shall include the future,the singular
number shall include the plural and the plural number includes the singular;the word
"shall"is mandatory,and the word "may"is permissive;the word "person"includes a firm,
association,organization,partnership,trust,estate,company,or corporation as well as an
individual;the words "used"or "occupied"include the words intended,designed,or
arranged to be used or occupied.The word "lot"includes the words "plot"or "parcel."
Accessory Use or Structure: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.
Adult:As used in this ordinance refers to a person who has attained the age of eighteen
years.
Adult Entertainment Businesses:A business which 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 the above,the following
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definitions shall apply:
A.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.
B.Specified anatomical areas include the following:human genitals,pubic region,
buttocks,and female breasts below a point immediately above the top of the areola.
C.Substantial means more than twenty-five percent of the book,magazine,film or
video tape inventory are distinguished or characterized by their emphasis on matter
depicting,describing or relating to specified sexual activities or specified
anatomical areas.
D.Adult Art or Adult Modeling Studio:An establishment or business which 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;provided entrance to such establishment and such services
are available only to adults.
E.Adult Artist -Body Painting Studio:An establishment or business which 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;provided entrance to such establishment and such services are available only
to adults.
F.Adult Bath House:An establishment or business which provides the services of
baths of all kinds,including all forms and methods of hydrotherapy;provided
entrance to such establishment and such services are available only to adults;and
not including such services provided by a medical practitioner or professional
physical therapist licensed by the State of Iowa.
G.Adult Book Store:An establishment or business having a substantial part of its stock
in trade,books,magazines,photographs,pictures and other periodicals which 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.
H.Adult Cabaret:A cabaret which features go-go dancers,exotic dancers,strippers,
male or female impersonators,or similar entertainers.
I.Adult Motel:A motel wherein material is presented which is distinguished or
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characterized by an emphasis on depicting or describing "specified sexual
activities"or "specified anatomical areas."
J.Adult Motion Picture Arcade: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
anyone 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."
K.Adult Motion Picture Theater: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.
L.Adult Mini Motion Picture Theater:An enclosed building with a capacity for less
than 50 persons 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.
M.Massage:Any method of treating the external parts of the human body by rubbing,
stroking,kneading,tapping or vibrating with the hand,other parts of the body,or
any instrument,for any consideration or gratuity.
N.Massage Establishment: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 constructed to include an establishment employing (1)
persons licensed by the State of Iowa under the provisions of Chapters 148,148A,
148B,150,150A,151,152,157 or 158 of the Iowa Code,when performing
massage services as a part of the profession or trade for which licensed;(2)persons
performing massage therapy or massage services under the direction of a person
licensed as described in (1)above;(3)persons performing massage therapy or
massage services upon a person pursuant to the written instruction or order of a
licensed physician;(4)nurses,aides,technicians and attendants at any hospital or
health care facility licensed pursuant to Chapter 135B,135C or 145A of the Iowa
Code,in the course of their employment and under the supervision of the
administrator thereof or of a person licensed as described in (1)above;(5)an
athletic coach or trainer (i)in any accredited public or private secondary school,
junior college,college or university,or (ii)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
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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.
O.Model Studio: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 semi-nude
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.
P.Model:Any person who for consideration or gratuity appears either nude or
semi-nude to be either viewed,photographed,sketched,drawn,sculptured;to
dance;to provide reading or counseling sessions;for body painting;to deliver a
service or 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.
Q.Nude Encounter Parlor: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.
R.Nude Photographic Parlor: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.
Agriculture: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 shal I be secondary to that of the regular agricultural
activities.
Alley:A public way,other than a street,twenty (20)feet or less in width affording
secondary means of access to abutting property.
Automobile Wrecking: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 (3)or more vehicles which for a
period exceeding thirty (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.
Basement:A story having part but not more than one-half (1/2)of its height below
grade.A basement is counted as a story for the purpose of height regulation.
Bed and Breakfast Home:Means a private residence which provides lodging and meals
for guests,in which the host and/or hostess resides and in which no more than two
guest families are lodged at the same time and which,while it may advertise and
accept reservations,does not hold itself out to the publ ic to be a restaurant,hotel or
motel,does not require reservations and serves food only to overnight guests.
Billboard:As used in this ordinance,billboard shall include 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,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.
Board:The Board of Adjustment of the City of Waukee.
Boarding House:A building other than a hotel or motel where for compensation,
meals,or lodging and meals are provided for four (4)or more persons.
Buffer Zone:An area of land used to visibly separate one use from another or to shield
or block noise,lights,or other nuisances.
Building:Any structure designed or intended for the support,enclosure,shelter or
protection of persons,animals or property,but not including signs or billboards.
Building.Height of: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
Attachment A for illustrations.)
Building Line: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.
Bulk Stations: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 twelve thousand (12,000)
gallons.
Carport:A roofed structure providing space for the parking of motor vehicles and
enclosed on not more than two (2)sides.For the purpose of this ordinance a carport
attached to a principal building shall be considered as part of the principal building and
subject to all yard requirements herein.
Cellar:That portion of a building having more than one-half (1/2)of its height below
grade.A cellar is not included in computing the number of stories for the purpose of
height measurement.
Clinic.Medical or Dental: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.
Commission:Planning and Zoning Commission of the City of Waukee.
Convenience Store:Establishment primarily engaged in the retai I sale of food,
household and entertainment products for home consumption including sale of vehicle
fuel.
Day Nursery or Nursery School:Any private or public agency,institution,
establishment or place which provides supplemental parental care and/or educational
work for compensation,other than lodging overnight,for six (6)or more pre-school age
children unrelated to the owners or operators.
Deck:Attached to a principal building or a free standing structure of wood or masonry
construction open to the sky.A deck shall meet all yard requirements of principal
building.
District:A section or sections of the City of Waukee within which the regulations
governing the use of buildings and premises or the height and area of buildings and
premises are uniform.
Driveway:A permanently surfaced area providing vehicular access between a street
and an off-street parking or loading area.
Dwelling:Any stationary,permanent building,or portion thereof,which is designed or
used exclusively for residential purposes,but not including a tent,cabin,or mobile
home.
Dwelling.Single Family.Split Foyer:A dwelling in which living space is on two levels
with a foyer between the two levels.
Dwelling.Single Family.Split Level: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 full story higher than the next.IDwelling.Single Family:A detached residence designed for or occupied by one family
only.
Dwelling.Two-Family:A residence designed for or occupied by two (2)families only,
with separate housekeeping,bathroom,and cooking facilities for each.
Dwelling.Multiple:A residence designed for or occupied by three (3)or more families,
with separate housekeeping,bathroom,and cooking facilities for each.
Dwelling.Condominium: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.
Dwelling.Row:Anyone 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.Also referred to as a "townhouse."
Dwelling Unit:A room or group of rooms in a dwelling,or a mobile home unassessed
real estate which are arranged,designed or used as living quarters for the occupancy of
one family containing bathroom and kitchen facilities.
Family:One or more persons occupying a single dwelling unit,provided that unless all
members are related by blood,marriage,or adoption,no such family shall contain over
four (4)persons.
Feed Lot: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 animal or fowl which 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 which are used for the raising of
crops or other vegetation,and upon which livestock are allowed to graze or feed.
Fences.Walls and Hedges: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 this ordinance.
Garage.Private: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 ofthe principal building.A private garage,having a capacity of less than
four (4)cars,may be rented for the private vehicles of persons not resident on the
premises.J
Garage,Publ ic: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 pri nci pal use,
Gas Station:A structure designed or used for the retail and/or wholesale sale or supply
of fuels,lubricants,air,water,washing and polishing services,and other operating
commodities or accessories for motor vehicles and including the customary space and
facilities for the installation of such commodities or accessories on or in such vehicles,
but not including space or facilities for the storage,painting,major repair,refinishing,
body work or other major servicing of motor vehicles.Major repairs are defined to be
spray painting,body,fender,clutch,transmission,differential,axle,spring and frame
repairs;major overhauling of engines requiring the removal of engine cylinder head or
crankcase pan;repairs to radiators requiring the removal thereof;or complete recapping
or retreading of tires.
Grade:The average elevation of the finished ground at the exterior walls of structure.
Home Occupation:A home occupation is 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.
Hotel/Motel: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.
lunk:Old and dilapidated automobile,trucks,tractors,and other such vehicles and
parts thereof,wagons and other kinds of vehicles and parts thereof,scrap,used building
material,scrap contractor's 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.
lunk Yard: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 (4)or more motor vehicles (as defined by Chapter 321.1 of the
Code of Iowa)without current registration which for a period exceeding thirty (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
a junk yard.
Kennel: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 six (6)or more dogs,cats,or other household pets of mammal group,six (6)
months or older,on premises used for residential purposes,or the keeping of more than
one (1)dog,cat,or other household pet,on vacant property or on property used for
business or commercial purposes,shall constitute a kennel.
Living Space:That part of the building which is enclosed and supported upon the main
foundation system of the structure excluding garage and cellar.
Lodging or Rooming House:A building where a room or rooms are provided for
compensation for four (4)or more persons.
Lot:For the purpose of this ordinance,a lot 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 this ordinance.
Lot.Corner:A lot abutting upon two (2)or more streets at their intersection.
Lot.Depth:The mean horizontal distance between the front and rear lot lines.
Lot Double Frontage:A lot having a frontage on two (2)non intersecting streets,as
distinguished from a corner lot.
Lot.Interior:A lot other than a corner lot.
Lot Lines:The lines bounding a lot,including the right-of-way line of any public road,
highway or alley acquired by easement.
Lot of Record:A lot which 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
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described by metes and bounds,the description of which has been so recorded.
Lot Width:The width of a lot measured at the building line and at right angles to its
depth.
Lot.Reversed Frontage:A corner 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 Attachment A for
illustrations of lot types.)
Manufactured Home:A factory-built structure built under authority of 42 U.S.c.5403,
is required by federal law to display a seal from the United States Department of
Housing and Urban Development,and was constructed on or after June 15,1976.If a
manufactured home is placed in a mobile home park,the home must be titled and is
subject to the mobile home square foot tax.If a manufactured home is placed outside
a mobile home park,the home must be titled and is to be assessed and taxed as real
estate.
Mini warehouse:A building or group of buildings not more than one (1)story and
twenty (20)feet in height and not having any other dimension greater than three
hundred (300)feet per building,containing varying sizes of individualized,
compartmentalized,and 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 or supervisor's quarters as an
accessory use.No business activities other than rental of storage units shall be
conducted on the premises.
Mobile Home:Any vehicle without motive power used or so manufactured or
constructed as to permit its being used as a conveyance upon the public streets and
highways and so designed,construct,or reconstructed as will permit the vehicle to be
used as a place for human habitation by one or more persons;but shall also include
any such vehicle with motive power not registered as a motor vehicle in Iowa.A
mobile home is not built to a mandatory building code,contains no state or federal
seals,and was built before June 15,1976.If a mobile home is placed outside a mobile
home park,the home is to be assessed and taxed as real estate.
Mobile Home Park:Any site,lot,field or tract of land under common ownership upon
which three (3)or more occupied mobile homes,manufactured homes,modular homes
or a combination of the homes are harbored,either free of charge or for revenue
purposes,and shall include any building,structure,tent,vehicle or enclosure used or
intended for use as part of the equipment of such mobile home park.
The term "mobile home park"shall not be construed to include mobile homes,
buildings,tents,or other structures temporarily maintained by any individual,
educational institution,or company on their own premises and used exclusively to
house their own labor or students.
(See Attachment A for illustration of mobile home park setbacks and separation.)
Mobile Home Park Rental Space:Space allocated by a mobile home park for placement
of one mobile home which complies with at least the minimum requirements of this
ordinance.
Modular Home:A factory-built structure which is manufactured to be used as a place of
human habitation,is constructed to comply with the Iowa state building code for
modular factory-built structures,and must display the seal issued by the state building
code commissioner.If a modular home is placed in a mobile home park,the home is
subject to the annual tax as required by Section 435.22.If a modular home is placed
outside a mobile home park,the home shall be considered real property and is to be
assessed and taxed as real estate.For the purpose of these regulations,a modular
home shall be considered the same as a site built single-family detached dwelling,and
a dwelling unit in a mobile home park.
Motel Motor Lodge: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.
Nonprofit Institution:A nonprofit establishment maintained and operated by a society,
corporation,individual,foundation or public agency for the purpose of providing I
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.,shall not
be considered a nonprofit institution under this ordinance.
Nonconforming Use: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.
Nursing or Convalescent Home: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.
Parabolic or Dish-type Antenna:A concave,circular or dish-shaped device designed for
receiving communications or television signals from a satellite.
Parking Space (Off-street):A permanently surfaced area of not less than one hundred
seventy-one (171)square feet (9 feet x 19 feet)plus necessary maneuvering space for
the parking of a motor vehicle.Space for maneuvering,incidental to parking or
unparking,shall not encroach upon any public right-of-way.(See Attachment A for
parking illustration.)
Porch.Unenclosed:A roofed projection which has less than fifty (50)percent of each
outside wall area permanently enclosed by a building or siding material other than
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meshed screens.
Principal Building: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 this
ordinance.
Principal Use:The main use of land or structures as distinguished from an accessory
use.
Recreational Vehicle:A recreational vehicle,with or without motive power;designed
as a temporary dwelling,not exceeding eight (8)feet in width and forty (40)feet in
length,exclusive of separate towing unit.The term "recreational vehicle"shall include
pick-up coach,motor home,camp trailer,tent trailer,or other similar mobile and
temporary dwellings commonly used for travel,recreation or vacation quarters.
Recreational Vehicle Park:A parcel of land upon which two (2)or more spaces are
provided,occupied or intended for occupancy by recreational vehicles for transient
purposes.
Restaurant:An establishment which principally is 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.
Rooming House:A building where a room or rooms are provided for compensation to
four (4)or more persons.
Sign:Any device designed to inform or attract the attention of persons not on the
premises on which the sign is located;provided,however,that the following shall not
be included in the application of the regulations herein:
A.Signs not exceeding one (1)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;
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 (4)square feet in area.
Sign Area:The surface area of a sign shall be computed as including the entire area I
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.
Sign.Exterior:A sign which 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 or erected upon the roof of a building or structure.An exterior
sign may include any of the following:
A.Fascia Sign:A single-faced building or wall sign which is directly attached to and
parallel to its supporting wall.
B.Projecting Sign:A double-faced building or wall sign projecting at right angles to its
supporting wall.
C.Marquee Sign:A sign attached to and contained within the perimeter of the face or I
valance of a marquee.
D.Roof Sign:A sign attached upon or above a roof or parapet of a building.
Sign,Free Standing or Post: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 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.A free standing or post sign may
also include the following:
A.Directory Sign: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.
B.Monument Sign:A structure,built on grade,that forms an integral part of the sign
or its background.(See Attachment A for illustrations of sign area and sign types.)
C.Development Identification Sign:A monument or post sign that identifies a
subdivision or development on premises.There shall be permitted one (1)
development identification sign for each subdivision or development provided the
sign is located on private property and meets the following requirements:)
Maximum*Maximum
Surface Area Height
(Sq.Ft.)(Ft.)
100 10
*50 square feet per face of any two-sided sign.
Minimum Setback From
Property Li ne
(Ft.)
10
Additional identification signs for the subdivision or land development are subject
to approval by the Commission and City Council.
Sign.Institutional Bulletin Board: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.
Sign,Temporary:A temporary sign is any sign not permanently attached to the ground,
wall or building,and intended to be displayed for a short and limited period of time.
Story: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 shall be considered a story.
Story,Half:A space under a sloping roof which has the line of intersection of roof
decking and exterior wall face not more than four (4)feet above the top floor level.
Street Line:The right-of-way line of a street,alley or road being the dividing line
between a lot,tract or parcel and a contiguous street.
Street or Road,Private:Any private right-of-way twenty (20)feet or more in width
which shall be approved by the City Council after recommendation by the
Commission.
Street or Road.Public:Any thoroughfare or public right-of-way not less than twenty (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 this ordinance,provided it is fifty (50)feet or more in width.
Structural Alterations: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 joist,or roof trusses,beyond
ordinary repairs and maintenance.
Structure: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,decks,fences (more than six feet in height),
billboards,solar collectors and dish antennae.
IL
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Vehicle.Antique:A motor vehicle twenty-five (25)years old or older,as provided and
regulated by Section 321.115,Code of Iowa.
Vehicle.Motor:A self-propelled device used for transportation of people or goods over
land surfaces and licensed as a motor vehicle.
Vehicle.Inoperable:Any motor vehicle which 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.
Yard:An open space on the same lot with a building or structure unoccupied and
unobstructed by any portion of a structure from thirty-six (36)inches above the general
ground level of the graded lot upward,except as may be provided by other sections of
this ordinance.In 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 eave or overhang (or any other
projection)extend into the said front,side,or rear yard by more than 24".If eaves or
overhangs exceed 24",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".
Yard.Front: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 corner lot is considered the front lot
line regardless of where the building entrance is located.See "Yard"for eave or
overhang li m itations.
Yard.Side:A yard extending from the front yard to the rear yard and measured between
the side lot lines and the building.See "Yard"for eave or overhang limitations.
Yard.Rear: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%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 corner lots and interior lots,rear yard is the opposite end of the lot from
the front.See "Yard"for eave and overhang limitations.
§301.4.ESTABLISHMENT OF DISTRICTS:PROVISIONS FOR OFFICIAL ZONING MAP.
For the purpose of this ordinance,the following seventeen (17)classes of districts are
hereby established within the City of Waukee 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 this ordinance.
A-1 Agricultural District
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i,
AR
R-1
R-2
R-3
R-4
R-S
R-6
C-1
C-1A
C-2
C-3
C-4
M-1
M-1A
M-2
COS
Single Family Acreage District
Single Family Residential District
One and Two Family Residential District
Multi-Family Residential District
Row Dwelling and Condominium Dwelling District
Planned Unit Development District
Residential Mobile Home Park District
Community and Highway Service Commercial District
Neighborhood Commercial District
Central Business District
Planned Commercial Development District
Office Park Commercial District
Light Industrial District
Limited Industrial District
Heavy Industrial District
Conservation and Open Space District
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 301 of the City of Waukee Code."If,in accordance with the
provisions of this ordinance 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.
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 of land and water
areas,buildings,and other structures in the City.
In 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."
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§301.5.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:
A.Boundaries indicated as approximately following the centerlines of streets,
highways,or alleys shall be construed to follow such centerlines.
B.Boundaries indicated as approximately following platted lines shall be construed as
following such lot lines.
C.Boundaries indicated as approximately following corporate limits shall be construed
as following corporate limits.
D.Boundaries indicated as approximately following section lines,quarter section lines,
or quarter-quarter section lines shall be construed as following such lines.
E.Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks.
F.Boundaries indicated as following shore lines shall be construed to follow such
shore lines,and in the event of change in the shore line shall be construed as
moving with the actual shore line;boundaries indicated as approximately following
the centerlines of streams,rivers,canals,lakes,or other bodies of water shall be
construed to follow such centerlines.
G.Boundaries indicated as parallel to or extensions of features indicated in subsections
A through F above shall be so construed.Distances not specifically indicated on
the Official Zoning Map shall be determined by the scale of the map.
H.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 A through F above,the Board shall interpret the district boundaries.
§301.6.APPLICATION OF DISTRICT REGULATIONS.The regulations set forth by this
ordinance 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.
A.No building,structure,or land shall hereafter be used or occupied,and no building
or structure or part thereof shall 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.
B.No building or other structure shall hereafter be erected or altered:
1.To exceed the height;
2.To accommodate or house a greater number of families;
3.To occupy a greater percentage of lot area;
4.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 this
ordinance.
C.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 this ordinance,shall be included as part of a yard,open space,or off-street
parking or loading space similarly required for any other building.
D.No yard or lot existing at the time of passage of this ordinance shall be reduced in
dimension or area below the minimum requirements set forth herein.Yards or lots
created after the effective date of this ordinance shall meet at least the minimum
requirements established by this ordinance.
§301.7.NON-CONFORMING USE OF LAND,NON-CONFORMING STRUCTURES,
AND NON-CONFORMING USE OF STRUCTURES:Within the various districts
established by this ordinance or amendments that may later be adopted,there exist
structures and uses of land and structures which were lawful prior to the adoption of this
ordinance but which would be prohibited,regulated,or restricted under the provisions of
this ordinance.It is the intent of this ordinance to permit these non-conformities to
continue until they are removed,but not to encourage their survival.Such uses are
declared by this ordinance to be incompatible with permitted uses in the districts involved.
A.Non-Conforming Use of Land.Use of Structures.and Structures in any Residential
District.
1.Non-Conforming Use of Land.The lawful use of land upon which no building or
structure is erected or constructed which becomes non-conforming under the
terms of this ordinance as adopted or amended may be continued so long as it
remains otherwise lawful,subject to the following provisions:
a.No such non-conforming use shall be enlarged or increased nor extended to
occupy a greater area of land than was occupied at the effective date of
adoption or amendment of this ordinance;
b.No such non-conforming 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 this ordinance;
c.If any such non-conforming use of land ceases for any reason for a period of
more than thirty (30)days,any subsequent use of such land shall conform to
the district regulations for the district in which such land is located.
2.Non-Conforming 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 this ordinance,that would not be allowed in the district under
the terms of this ordinance,the use may be continued so long as it remains
otherwise lawful,subject to the following provisions:
a.No existing structure devoted entirely or in part to a use not permitted by this
ordinance 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;
b.Any non-conforming 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 this ordinance.No such use shall be extended to
occupy any land outside such building;
c.If no structural alterations are made,a non-conforming use of a structure may
be changed to another non-conforming use within the same or a more
restricted classification.Whenever a non-conforming 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;
d.In the event that a non-conforming use of a structure,or structure and land in
combination,is discontinued or abandoned for a period of two (2)years the
use of the same shall thereafter conform to the uses permitted in the district
in which it is located.Where non-conforming use status applies to a
structure and land in combination,removal or destruction of the structure
shall eliminate the non-conforming status of the land;
e.Any structure devoted to a use made non-conforming by this ordinance that
is destroyed by any means to an extent of sixty (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 be less than sixty (60)percent destroyed above the foundation,it
may be reconstructed and used as before provided it be done within six (6)
months of such happening,and be built of like or similar materials.
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3.Non-Conforming Structures.Where a structure exists at the effective date of
adoption or amendment of this ordinance that could not be built under the terms
of this ordinance 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:
a.No such structure may be enlarged or altered in a way which increases its
non-conformity;
b.Should such structure be destroyed by any means to an extent of sixty (60)
percent or more of its assessed value at time of destruction,it shall not be
reconstructed except in conformity with the provisions of this ordinance.
B.Non-Conforming Use of Land.Use of Structures.and Structures in any District
other than a Residential District.
1.Non-Conforming Use of Land.The regulations described in subsection
301.7 A(1),shall also apply to this subsection.
2.Non-Conforming Use of Structures.The regulations described in subsection
301.7A(2),shall also apply to this subsection with the following exception:
a.Any structure in any district other than a residential district devoted to a use
made non-conforming by this ordinance 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 shall be limited to buildings on land owned,of record,by the
owner of the land devoted to the non-conforming use prior to the effective
date of this ordinance.Such structural alteration or enlargement shall not
authorize the substitution of a non-conforming use that is less restrictive than
the one to which the structure was devoted at the time of passage of this
ordinance.
3.Non-Conforming Structures.The regulations described in subsection
301.7(A)(3),shall also apply to this subsection.
C.Required Repairs and Unauthorized Non-Conformities.
1.Nothing in this ordinance 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.
2.Any use of land,use of structure,or structure,in existence at the time of adoption
of this ordinance which was not an authorized non-conformity under any previous
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zoning ordinance or similar regulations shall not be authorized to continue its
non-conforming status pursuant to this ordinance or amendments thereto.
§301.8.GENERAL REGULATIONS.
A.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 this ordinance for the district in which the
building or land is located.
B.Street Frontage Required.Except as permitted in Section 301.26 of this ordinance
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 forty (40)feet on at least
one public street.
C.Accessory Building.No accessory building shall be erected in any front yard.
Accessory buildings shall be distanced at least two (2)feet from alley lines or
easement lines,and two (2)feet from the lot lines of adjoining lots which are in any
"R"district except R-6 districts where there are no platted lot lines except for
perimeter boundaries,and on a corner lot they shall conform to the set-back
regulations on the side street;however,in no case shall any eave or overhang
extend closer than twelve (12)inches to a rear or side yard line,or an easement
line.Accessory buildings must be erected separately from and a minimum
horizontal distance of six (6)feet from any building projection,and may not be
connected by a breezeway or similar structure.If any unenclosed balcony or
unenclosed porch including any deck shall be constructed within six (6)feet from
any accessory building the adjacent wall of said accessory building shall be not less
than a two (2)hour fire wall.No unenclosed balcony or unenclosed porch or deck
shall be constructed closer than three (3)feet to any accessory building.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.An
accessory building shall not occupy more than thirty (30)percent of the rear yard
except in R-6 district,and shall not exceed fourteen (14)feet in height in any
"R"district.This regulation shall not be interpreted to prohibit the construction of a
four hundred forty (440)square foot garage on a minimum rear yard.
No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced.
D.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
Attachment A for illustrations.)
E.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,that
where lots comprising thirty (30)percent or more of the frontage within two
hundred (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 fifty (50)feet in any case.(See Attachment A for
ill ustrations.)
F.Required Yard Cannot Be Reduced.No yard or lot existing at the time of passage of
this ordinance shall be reduced in dimension or area below the minimum required
by this ordinance.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 this ordinance shall be included as part of a yard,
open space,or off-street parking or loading space required under this ordinance for
another building,structure,or use.
G.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 this ordinance;the construction of which in conformance with such
plans shall have been started prior to the effective date of this ordinance and
completion thereof carried on in a normal manner and not discontinued for reasons
other than those beyond the builder's control.
H.Zoning Districts Dividing Property.Where one (1)parcel of property is divided into
two (2)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 this ordinance,
each portion shall be considered as if in separate and different ownership.
I.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 this ordinance.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
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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.
b.No more than 50%,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 Section 301.8(1.1.b).
e.The home occupation shall be conducted entirely within the principal
dwelling unit,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 which 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.
j.No sign,other than one unlighted sign not over two (2)square foot in area
attached flat against the dwelling and displaying only the occupant's name
and occupation,shall advertise the presence or conduct of the home
occupation.
k.There shall be no off-premise signs.
2.Home Occupations Permitted.Customary home occupations include,but are
not limited to,the following list of occupations;provided,however,that each
such home occupation shall be subject to the use limitations set out in Section
301.8(1.1 ).
a.Providing instruction to not more than four students at a time.
b.Office facilities for accountants,architects,brokers,doctors,dentists,
engineers,lawyers,insurance agents and real estate agents.
c.Office faci Iities for ministers,priests and rabbis.
d.Office facilities for salespersons,sales representatives and manufacturer's
representatives when no retai I 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.
J.Prohibited Storage of 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.
K.Signs Permitted in All Zoning Districts.Signs hereinafter designated shall be
permitted in all zoning districts.
1.Temporary Signs.
a.Real Estate Signs.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 (8)square feet,shall be permitted
on each premises.Such signs shall not extend higher than four (4)feet
above grade level or be closer than ten (10)feet to any property line unless
located on the wall of a building.Such signs shall be removed within seven
(7)days after the disposition of the premises.
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b.Construction Signs.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.One
non-illuminated sign not to exceed fifty (50)square feet,shall be permitted
per street frontage.Such sign shall not extend higher than ten (10)feet
above grade level or be closer than ten (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.
c.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.
d.Street Banners:Signs advertising a public event providing that specific
approval is granted under regulations established by the City Council.
e.Seasonal Decorations:Signs pertaining to recognized national holidays and
national observances.
f.Personal Announcement and Celebration Signs:Signs announcing births,
anniversaries,weddings and similar celebrations.
g.Banners,balloons and posters advertising an opening or closing of business
and for special events providing that specific approval is granted by the City
Council.
2.Public Signs:Signs of a non-commercial 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.
3.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.
4.Window Signs:Such signs which are displayed inside of a window or within a
building,provided however,that lighted window signs shall be permitted only
in those districts where lighted signs are permitted.
I
L.Prohibited Signs:Signs hereinafter designated shall be 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.etc.:Signs which contain or consist of banners,
balloons,posters,pennants,ribbons,streamers,spinners,or other similarly
moving devices,except as specifically provided in Section 301.8 (K.1.d.)hereof.
These devices when not part of any sign shall also be prohibited.
3.Portable Signs.Commercial signs that are not permanently anchored or secured
to either a building or the ground.
4.Off-Premise Signs on Public Property:Off-premise signs located on public
property which is being used for public purposes.
5.Flashing Signs:No flashing,blinking,or rotation lights shall be permitted for
either permanent or temporary signs,except time and temperature signs and
brief public announcement signs.
6.Moving Signs:No sign shall be permitted any part of which moves by any
mechanical or electronic means except as approved by the City Council.
7.Painted Wall Signs:Off-premise signs painted on building walls for commercial
purposes.
8.Projecting Signs:Signs as defined in Section 301.3.
M.General Sign Regulations.
1.Conformance Required:Except as may be hereinafter specified,no sign shall be
erected,placed,maintained,converted,enlarged,reconstructed or structurally
altered which does not comply with all of the regulations established by this
ordinance.
2.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.
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3.Non-Conforming Signs:Where a sign exists at the effective date of adoption or
amendment of this ordinance that could not be built under the terms of this
ordinance 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 which increases its
non-conformity;however,reasonable repairs and alterations may be
permitted.
b.Should such sign be destroyed by any means to an extent of fifty (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 ordinance.
4.Permit Required: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
ordinance.
5.Permit Not Required:A permit shall not be required for repainting without
changing permanent wording,composition,or colors;or for non-structural
repairs.
6.Plans:A copy of plans and specifications shall be submitted to the
Administrative Official for each sign regulated by this ordinance.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 ordinance.
7.Appeal:Any person or persons aggrieved by the decision of the Administrative
Official to approve or disapprove a sign permit,as provided by this ordinance,
may appeal such decision to the Board as provided by Section 301.29 of this
ordinance.
N.Parking and Storage: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 shall be in a completely enclosed building.This regulation shall
not apply to legitimate businesses operating in a lawful place and manner provided,
however,that such outside areas are screened from public view.
O.Visibility at Intersections in Residential Districts.On a corner lot in any residential
district,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 (2-1/2)
and ten (10)feet above the centerline grades of the intersecting streets in the area
I--~~---
bounded by the street lines of such corner lots and a line joining points along said
street lines twenty-five (25)feet from the point of intersection of right-of-way lines.
P.Fences,Walls and Hedges.Notwithstanding other provisions of this Ordinance,
fences,walls,and hedges may be permitted in any required yard,or along the edge
of any yard;provided that no fence,wall or hedge shall exceed four (4)feet in
height along the street side yard of a corner lot within the area of the front yard
extended of an abutting lot to the rear of said corner lot,unless located along
building setback lines in which case the fence,wall or hedge shall not exceed the
height of six (6)feet.Fences,walls and hedges in any district other than M-1,M-1A
and M-2 Districts not exceeding six (6)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 (8)feet.
Q.Building Lines on Approved Plats.Whenever the plat of a land subdivision
approved by the Commission 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 this Ordinance unless specific yard
requirements in this Ordinance require a greater setback.Building lines shall be
measured to the foundation.
§301.9."A-1"AGRICULTURAL DISTRICT.The "A-1"District is intended to retain land
suited for eventual development for urban uses in a productive agricultural use until the
community can feasibly extend its urban services and thus grow in an orderly manner.
A.Principal Permitted Uses.Only the uses of structures or land listed in this Section
shall be permitted in the "A-1"District.
1.Agriculture and usual agricultural buildings and structures;but not including
commercial livestock feed lots,poultry farms,grain storage and drying facilities.
2.One-family dwellings.
3.Churches,chapels,temples and similar places of worship.
4.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 child care centers;provided that all principal buildings be
set back a minimum of thirty-five (35)feet from all property lines.
5.Publicly-owned parks,playgrounds,golf courses and recreation areas.
6.Private noncommercial recreation areas and centers including country clubs,
,----------------------------~-----------------
swimming pools,golf courses and riding stables.
7.Cemeteries,including mausoleums.
8.Kennels for the raising,breeding and boarding of dogs or other small animals;
provided that all buildings,including exercise runways,be at least two hundred
(200)feet from all property lines,and at least five hundred (500)feet from any R
district boundary.
9.Nurseries,greenhouses,truck gardens.
10.Publ ic water supply and sewage treatment faci I ities.
11.Electrical and liquified product transmission and regulating facilities.
B.Permitted Accessory Uses.
1.Uses of land or structures customarily incidental and subordinate to one of the
permitted principal uses,unless otherwise excluded.
2.Private garage or carport.
3.Home occupations as permitted in and as limited by Section 301.8(1).
4.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.
5.One board or sign not to exceed thirty-two (32)square feet in area referring to
the construction,lease,hire,or sale of a building,premises,or lots;which sign
shall refer to property on which the sign is located,and shall be removed as
soon as the premises are sold or leased or construction completed.
6.Roadside stands for the sale of seasonal products grown on the premises;
provided that no permanent structures shall be erected or maintained.
7.Signs,not exceeding 10 square feet in area,identifying the premises or
indicating the product grown or material and equipment used on the premises.
8.Institutional bulletin board signs.
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9.Parabolic or dish type antennas larger than eighteen (18)inches in diameter
shall be placed in the rear yard and must be a minimum of ten (10)feet from all
property lines.The antennas shall not be larger than eight (8)feet in diameter if
of opaque construction or ten (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.
10.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.
C.Bulk Regulations.The following minimum requirements shall be observed,subject
to the modifications contained in Section 301.26.
1.Lot Area:Dwelling:5 acres,no minimum required for other
permitted uses.
2.Minimum Floor 1,050 square feet for dwelling;if building is Area:two or
more stories,first floor shall be a minimum of 800 square
feet.
3.Lot Width:200 feet.
4.Front Yard:75 feet.
5.Side Yards:Dwellings:Total side yard -50 feet;minimum on one side
-20 feet;corner lot adjacent to street -75 feet.Other
permitted uses 50 feet on each side;unless otherwise
indicated herein.
6.Rear Yard:50 feet.
7.Maximum Height:Principal Building -40 feet;Accessory Building -20 feet
in lots of less than 10 acres;and 30 feet in lots of 10 acres
or more;except that radio communication towers
constructed in compliance with §221.1 of the Waukee
Municipal Code may not exceed 45 feet in height.
8.Maximum Number Principal Building 3 stories.Accessory Building -1 story.
of Stories:
L __��__-~~----���---�---�.._------��--�
D.Minimum Width Regulation.The minimum dimension of the main body of the
principal building shall not be less than twenty-four (24)feet.
E.Perimeter Foundation Requirement.A permanent perimeter foundation,meeting the
Waukee Building Code standards,shall be required for all principal buildings;
provided,however,a perimeter foundation system which is incompatible with the
structural design of the manufactured home structure shall not be required.
F.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27 for all permitted uses.
G.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.10."AR"SINGLE FAMILY ACREAGE DISTRICT.The "AR"District is established to
provide for large lot residential development in agricultural areas.
A.Principal Permitted Uses.Only the uses of structures of land listed in this Section
shall be permitted in the "AR"District.
1.Any use permitted in and as limited in the "A-1"District.
B.Permitted Accessory Uses.
1.Accessory uses permitted in and as limited in the "A-1"District.
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Lot Area:Two acres.
2.Minimum Floor 1,050 square feet for dwellings;if building is two or more
Area:stories,first floor shall be a minimum of 800 square feet.
If 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.
3.Lot Width:200 feet.
4.Front Yard:100 feet.
5.Side Yards:A total of 50 feet;one side may be reduced to 20 feet;20
feet for any other principal building.
L _
6.Rear Yards:Dwelling -75 feet.Any other principal building 50 feet.
7.Maximum Height:Principal Building -40 feet,Accessory Building 14 feet,
except that radio communication towers constructed in
compliance with §221.1 of the Waukee Municipal Code
may not exceed 45 feet in height.
8.Maximum Number Principal Building -3 stories.Accessory Building -1 story.
of Stories:
D.Minimum Width Regulation.The minimum dimension of the main body of the
principal building shall not be less than twenty-four (24)feet.
E.Perimeter Foundation Requirement.A permanent perimeter foundation,meeting the
Waukee Building Code standards,shall be required for all principal buildings.
F.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
G.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.11.IR-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.
A.Principal Permitted Uses.Only the uses of structures of land listed in this Section
shall be permitted in the "R-1"District.
1.Single-family dwellings.
2.Churches,chapels,temples,and similar places of worship;provided that all
principal buildings be set back a minimum of thirty-five (35)feet from all
properly lines.
3.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,nursery
schools,and child care centers;provided that all principal buildings be set back
a minimum of thirty-five (35)feet from all property lines.Museums,libraries,
parks and playgrounds,community center,and similar uses operated by the City
of Waukee.
4.Golf courses,country clubs,tennis courts and similar recreational uses,provided
that any such use not be operated primarily for commercial gain.
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5.Family homes as permitted by and as limited by Section 414.22,Code of Iowa.
6.Elder family homes as permitted by and as limited by Section 414.29 and
Chapter 135K,Code of Iowa.
B.Permitted Accessory Uses.
1.Private plant nurseries and greenhouses not to exceed two hundred forty
(240)square feet and not involving retail or wholesale sales.
2.Private swimming pools when enclosed with a non-climbable fence at least
forty-two (42)inches in height or any enclosure designed for wading or
swimming which shall be deemed to be a swimming pool if it is capable of
holding 18 inches depth of water.
3.Uses of land or structures customarily incidental and subordinate to one of the
permitted principal uses,unless otherwise excluded.
4.Private garage or carport.
5.Home occupations as permitted in and as limited by Section 301.8(1).
6.Temporary buildings for uses incidental to construction work,which buildings
shall be removed upon the completion or abandonment of the construction
work.
7.Temporary 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.
8.One board or sign not to exceed fifty (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,and shall be
removed as soon as the premises are sold or leased or construction completed.
9.Institutional bulletin board signs.
10.Parabolic or dish type antennas larger than eighteen (18)inches in diameter
shall be placed in the rear yard and must be a minimum of ten (10)feet from all
property lines.The antennas shall not be larger than eight (8)feet in diameter if
of opaque construction or ten (10)feet in diameter if of wire or mesh
construction.All such parabolic or dish type antennas shall be mounted at I
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.
11.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 accesseasements may be obtained from adjoining property owners in
accordance with State statutes.
C.Bulk Regulations.The following minimum requirements shall be observed,subject
to the modifications contained in Section 301.26.
1.Lot Area:10,000 square feet for each dwelling plus its accessory
building.
2.Minimum Floor
Area:
1,050 square feet for dwelling;if building is two or more
stories,first floor shall be a minimum of 800 square feet.
If a building is a split level,each level shall be a minimum
of 400 square feet.If building is a split foyer,the square
footage shall be a minimum of 1,050 square feet per story.
3.Lot Width:80 feet;100 feet where public sewer is not available.
Corner lots shall be 10 feet wider.
4.Front Yard:30 feet;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.
5.Side Yards:A total of 15 feet;one side may be reduced to not less than
7 feet;15 feet for any other principal building.
6.Rear Yards:Dwelling -30 feet.Any other principal building 40 feet.
7.Maximum Height:Principal Building -40 feet,Accessory Building -14 feet,
except that radio communication towers constructed in
compliance with §221.1 of the Waukee Municipal Code
may not exceed 45 feet in height.
8.Maximum Number Principal Building -3 stories.Accessory building -1 story.
of Stories:
D.Minimum Width Regulation.The minimum dimension of the main body of the
principal building shall not be lessthan twenty-four (24)feet.
E.Perimeter Foundation Requirement.A permanent perimeter foundation,meeting
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Waukee Building Code standards,shall be required for all principal buildings.
F.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
G.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.12."R-2"ONE AND TWO FAMILY RESIDENTIAL DISTRICT.The "R-2"District is
established to provide for single and two-family residential uses and areas where similar
residential development seems likely to occur.
A.Principal Permitted Uses.Only the use of structures or land listed in this Section
shall be permitted in the "R-2"District.
1.Uses permitted in the "R-1"District.
2.Two-family dwellings.
3.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.
4.Nursing,convalescent,and retirement homes.
5.Child care centers and nursery schools.
B.Permitted Accessory Uses.
1.Accessory uses as permitted in the "R-1"District.
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Lot Area:8,000 square ·feet for each single-family dwelling;10,000 square feet
for each two-family dwelling.
If a building is a split level,each level shall be a minimum 350 square feet.If
a building is a split foyer,the square footage shall be a minimum of 950 square
feet per story.
2.Minimum Floor
Area:
Single-family -950 square feet.Two-family -750 square
feet per unit.If building is two or more stories,minimum
first floor area shall be 700 square feet for single-family
and 550 square feet for two-family or greater.
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3.Lot Width:Single-family dwelling -65 feet.Two-family dwelling -80
feet.Where public sewer is not available -100 feet.
4.Front Yard:30 feet;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.
5.Side Yards:A total of 15 feet;one side may be reduced to not less than
7 feet;15 feet for any other principal building.
6.Rear Yard:Dwelling -30 feet.Any other principal building -40 feet.
7.Maximum Height:Principal Building -40 feet.Accessory Building 14 feet,
except that radio communication towers constructed in
compliance with §221.1 of the Waukee Municipal Code
may not exceed 45 feet in height.
8.Maximum Number Principal Building -3 stories.Accessory Building -1 story.
of Stories:
D.Minimum Width Regulation.The minimum dimension of the main body of the
principal building shall not be less than twenty-four (24)feet.
E.Perimeter Foundation Requirement.A permanent perimeter foundation,meeting the
Waukee Building Code standards,shall be required for all principal buildings.
F.Off-Street Parking and Loading.Spacesfor off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
G.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.13."R-3"MULTI-FAMILY RESIDENTIAL DISTRICT.The "R-3"District is established
to provide for multiple family residential usesother than row dwellings and condominium
dwellings.
A.Principal Permitted Uses.Only the uses of structures or land listed in this Section
shall be permitted in the "R-3"District.
1.Uses permitted in the "R-2"and the "R-4"Districts.
2.Multiple dwellings exclusive of row dwellings and condominium dwellings,
consisting of not more than twenty-four (24)dwelling units in one building.
3.Boarding and Rooming Houses.
4.Nursing,convalescent,and retirement homes.
5.Child care centers and nursery schools.
B.Permitted Accessory Uses.
1.Storage garages,where the lot is occupied by multiple dwellings.
2.Accessory uses as permitted in the "R-1 District.
3.One non-lighted sign not to exceed twelve (12)square feet in total area attached
flat against the principal structure,indicating the name of the premises and/or
the names of the occupants,shall be permitted.
4.In lieu of (B)above,one monument or directory sign shall be permitted.Such
sign shall not exceed sixteen (16)square feet in area and shall be set back at
least twenty (20)feet from any public right-of-way or property line.Such sign
may be indirectly or internally lighted.
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Lot Area:10,000 square feet.
2.Lot Area Per
Dwelling Unit:
2,500 square feet per unit.
3.Minimum Floor
Area:
750 square feet per unit.Efficiency units less than 750
square feet are subject to approval by City Council upon
recommendation of the Commission.
4.Lot Width:75 feet.
5.Front Yard:30 feet;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.
6.Side Yards:A total of 15 feet;one side may be reduced to not less than
7 feet;15 feet for any other principal building.
7.Rear Yards:Dwell ing -30 feet.Any other principal bui Iding -40 feet.
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II_____.-.1
8.Maximum Height:Principal Building -40 feet,Accessory Building -14 feet,
except that radio communication towers constructed in
compliance with §221.1 ofthe Waukee Municipal Code
may not exceed 45 feet in height.
9.Maximum Number Principal Building -3 stories.Accessory Building -1 story.
of Stories:
10.More than one
dwelling unit
on a lot:
Where more than one principal building is constructed
on a lot such principal buildings shall be separated by
not less than 40 feet and the front,rear and side yards shall
be determined considering all principal buildings as one
unit.
D.Minimum Width Regulation.The minimum dimension of the main body of the
principal building shall not be less than twenty-four (24)feet.
E.Perimeter Foundation Requirement.A permanent perimeter foundation,meeting the
Waukee Building Code standards,shall be required for all principal buildings.
F.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
G.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.14."R-4"ROW DWELLING AND CONDOMINIUM DWELLING DISTRICT.The
"R-4"District is established to provide for row dwelling and condominium dwelling uses
and areas.
A.Principal Permitted Uses.Only the uses of structures or land listed in this Section
shall be permitted in the "R-4"District.
1.Condominium dwellings consisting of not more than twelve (12)dwelling units
in one building or attached structure;and not to exceed six (6)units in length.
2.For units to qualify under the terms and provisions of this classification,each
dwelling unit shall have separate facilities for gas,electricity,sewerage and
water.
B.Permitted Accessory Uses.
1.Storage garages,where the lot is occupied by row dwellings or condominium
dwellings.
2.Signs,on site.As permitted in the "R-3"District.
I I
!
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Plat Area (the
area within the
perimeter of the
plat):
2.Lot Area Per
Dwelling Unit:
3.Minimum Floor
Area:
4.Lot Width:
5.Front Yard:
6.Side Yards:
7.Rear Yards:
8.Maximum Height:
Row dwellings -Plat area 15,000 square feet.
Condominium dwellings -Plat area 20,000 square feet.
Row dwellings and condominium dwellings -2,500 square
feet per unit.(Based on plat area divided by total number
of units.)
Row dwellings and condominium dwellings -750 square
feet per un it.
Row dwellings -20 feet.Condominium dwellings and
other permitted uses -75 feet.
30 feet;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.
A total of 15 feet;one side may be reduced to not less than
7 feet;15 feet for any other principal building.For the
purpose of determining side yard requirements in row
dwellings,the entire row dwelling structure shall be
considered to be one building.
Same as in "R-2"District.
Same as in "R-2"District.
9.Maximum Number Same as in "R-2"District.
of Stories:
D.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
E."R-1"or "R-2"Election.In any "R-4"District the owner may elect to treat the district
as an "R-1"or "R-2"District;provided,however,if plat approval is requested
containing any one-or two-family detached dwelling,then the entire district will be
either an "R-1"District or an "R-2"District and subject to the requirements of
Section 301.11 or 301.12.Thereafter,no row dwellings or condominium dwellings
may be built in said district.
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F.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.15."R-5"PLANNED UNIT DEVELOPMENT DISTRICT.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 sections of this ordinance 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 this
ordinance and statutes concerning population density,adequate light and air,recreation
and open space,and bui Iding coverage be preserved.
A.Procedure.The owner or owners of any tract of land comprising an area of not less
than five (5)acres,may submit to the City 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 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.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 preserve
the intent and purpose of this ordinance to promote public health,safety,morals
and the general welfare.The development plan as approved by the Commission
shall then be reported to the City Council,whereupon the City 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 this ordinance.
If the Council approves the preliminary plan and request for rezoning,the applicant
shall submit within 270 days,or such longer period as may be approved by the
Council,to the Commission 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;(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.
B.The final development plan shall be accompanied by the following required
documents:
1.If the proposed development includes common land which will not be
dedicated to the City,and the proposed development will not be held in single
ownership,proposed by-laws of a homeowner's association fully defining the
functions,responsibilities and operating procedures of the association shall be
included.The proposed by-laws shall include but not be limited to provisions:
(a)automatically extending membership in the association to all owners of
dwelling units within the development;(b)limiting the uses of the common
property to those permitted by the final development;(c)granting to each owner
of a dwelling unit within the development the right to the use and enjoyment of
the common property;(d)placing the responsibility for operation and
maintenance of the common property in the association;(e)giving every owner
of a dwelling unit voting rights in the association;and (f)if the development will
combine rental and for sale dwelling units,stating the relationship between the
renters and the homeowner's association and the rights renters shall have to the
use of the common land.
2.Performance bond which shall insure 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.
3.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 which have not been
dedicated to the City in compliance with the City ordinance.
4.Any additional agreements required by the Council at the time of preliminary
plat approval.
5.A final plat shall be submitted with each stage of the final development plan.
The plat shall show buildings lines,lots and/or blocks,common land,streets,
easements,and other applicable items required by the subdivision ordinance.
Following approval of the final plat by the Commission and Council,the plat
shall be recorded with the County Auditor and Recorder.
C.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.
I
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D.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 ordinance.
1.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.
2.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 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.
3.All public streets,water mains,sanitary sewer and storm sewer facilities shall
comply with appropriate ordinances and specifications of the City.
4."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 publ ic.
5.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 homeowner's association.
6.The requirements of this Ordinance relating to off-street parking and loading,
shall apply to all "R-5"Districts.
7.The final development plan shall comply with the density requirement.
E.The maximum number of dwelling units permitted in an "R-5"District shall be
determined by dividing the net development 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
R-l
R-2
R-3
R-4
10
25
50
100
100
If the development area contains two (2)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.
F.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,that 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 is 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 shall mean all property
situated within a stage or stages of the final development plan upon which the
installation of improvements has not been commenced.
G.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 ninety percent
(90%)of infrastructure improvements including streets and utilities have been
completed in any prior stage of such plan.
§301.16."R-6"RESIDENTIAL MOBILE HOME PARK 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.
A.Principal Perm itted Uses.
1.Mobile Home Parks,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 non-residential
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.
B.Accessory Uses.
1.Accessory uses may include garages and storage buildings,common facility
service buildings which 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 "park"area,and shall be
restricted to the use of the park occupants.
2.One permanent identification sign shall be permitted at any entrance to a
Mobile Home Park.Such sign shall be of ornamental metal,stone,masonry,or
other permanent material and shall indicate only the name of such Mobile
Home Park.Such sign shall not exceed one hundred (100)square feet in surface
area as defined in Section 301.3.
C.Height Regulations.
1.Maximum Height:No mobile home shall exceed twenty (20)feet in height,
except that radio communication towers constructed in compliance with §221.1
of the Waukee Municipal Code may not exceed 45 feet in height.Accessory
building shall not exceed a height of fourteen (14)feet.
D.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.
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E.Rental Space Area,Frontage and Yard Requirements.
1.The area proposed for a Mobile Home Park shall have a minimum of ten (10)
acres.The maximum density allowed for the gross development area shall be
seven (7)mobile home units per gross acre.
2.All Mobile Home Park perimeter yard requirements shall be not less than thirty
(30)feet.
3.No part of any mobile home space shall be closer to any public street upon
which the park adjoins than seventy-five (75)feet;however,interior park streets
may be located within the setback area.
4.Each mobile home shall be set back from edge of pavement not less than fifteen
(15)feet in depth measured from the edge of the surfaced private street to the
mobile home.Side yards shall be maintained to provide a minimum separation
between mobile homes of at least ten (10)feet;and a minimum separation of at
least six (6)feet shall be maintained between mobile homes and any other
buildings or structures on the same or adjoining lots.Rear yard separations shall
be maintained so as to provide separation of mobile homes of at least sixteen
(16)feet,at ground level,provided that the nearest point of mobile homes,
including overhangs,shall be at least two (2)feet from any gas main.Except as
otherwise provided herein,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 that the overhang or
extension shall extend out from the mobile home by no more than two (2)feet.
The sixteen (16)foot rear yard separation requirements shall not apply to any
mobile home park developments approved and completed prior to November 1,
1993,provided that any new mobile homes placed in any such developments
shall have the nearest point of the mobile home,including overhangs,at least
two (2)feet from any gas main,and have a rear yard separation of at least ten
(10)feet.
5.A minimum of two hundred fifty (250)square feet for each mobile home park
rental space shall be provided for one or more recreational areas which shall be
easily accessible to all park residents.The required recreational area shall be
computed in addition to the minimum rental space area specified herein .
._----------
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F.Streets and Parking.
1.The entrance road connecting the park streets with a public street shall have a
minimum road pavement width of thirty-one (31)feet,measured back to back of
curbs.All interior streets shall be not less than twenty (20)feet in width
measured back to back of curbs.Where parking is permitted along side of
interior streets,additional six (6)feet for parallel parking and additional sixteen
(16)feet for diagonal parking shall be provided on each side of the street.
All streets shall be constructed in accordance with appropriate ordinances and
specifications of the City of Waukee.Two off-street parking spaces shall be
provided on each mobile home park rental space.
G.Anchorage and Skirting.
1.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.
2.Skirting of a permanent-type material and construction shall be installed within
ninety (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.
H.Utilities.
1.Sewer and water facilities shall be provided for each mobile home park rental
space in accordance with the requirements of the Iowa Department of Natural
Resources.All mobile home developments must be connected to the municipal
water system.All electrical and telephone lines shall be placed underground.
I.Minimum Development Standards.See Section 302 of the Municipal Code.
§30l.l7."C-l"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.
A.Principal Permitted Uses.Only the uses of structures or land listed in this section
shall be permitted in the "C-1"District.
1.Uses permitted in the "C-1A"District.
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2.Retail business or service establishments such as the following:
a.Animal hospital.
b.Bowling alleys.
c.Clubs,lodges and churches.
d.Collection office of public utility.
e.Greenhouses.
f.Furniture stores.
g.Funeral homes and mortuaries.
h.Gas stations.
i.Golf driving range and miniature golf courses.
J.Grocery stores including supermarkets.
k.Household appliances -sales and repair.
I.Meat market for storage.
m.Medical,dental,and osteopathic clinics.
n.Music recording studios.
o.Plumbing,heating and air conditioning shops.
p.Printing shops.
q.Night clubs and taverns.
r.Wholesale display and sales room.
s.New and used car sales and service excluding body repair and painting.
t.Child care centers and nursery schools.
3.Service,business or recreational uses such as the following:
a.Automobile,recreational vehicle,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.
b.Car wash.
c.Commercial swimming pools,skating rinks,golf driving ranges,miniature
golf courses,drive-in theaters and similar recreational uses and facilities.
d.Garage for general motor vehicle repair.
e.Liquor and beverage stores.
f.Mini warehouses,self storage.
g.Monument sales yards.
h.Motels and motor hotels.
i.Drive-in restaurants.
j.Recreational vehicle parks.
k.Truck stops.
B.Permitted Accessory Uses.
1.Accessory uses and structures customarily incidental to any principal permitted
use.
2.Storage of merchandise incidental to the principal use.
3.Exterior signs located on the street frontages of principal buildings referring only
to a use or uses located within such building,and attached or integral thereto,
provided that:
a.Such signs shall not have an aggregate surface area in excess of twenty (20)
percent of the total surface area of the building elevation to which they are
attached:
b.Signs which project out from the building more than eighteen (18)inches
must be at least twelve (12)feet above grade and may project a maximum of
six (6)feet;
c.No sign shall project more than four (4)feet above the roof line or parapet
where one exists.
4.One free standing or post sign referring only to a use or uses conducted on the
premises may be erected in any yard abutting a public street,provided however:
a.That such sign shall not have a surface area in excess of one hundred (100)
square feet on anyone side and not more than two sides of said sign shall be
used for advertising purposes;
b.That such sign located closer than ten (10)feet to the right-of-way line must
be at least twelve (12)feet above grade.
c.A directory sign or monument sign may be substituted in place of a post sign,
subject to the requirements set forth in (4)(a)above.A monument sign shall
not be more than ten (10)feet in height and shall not be located closer than
ten (10)feet to any property line.
d.The Administrative Official shall have the authority to prohibit the erection
of any sign that interferes with visibility for either vehicular or pedestrian
traffic.
c.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Lot Area:No minimum.
2.Lot Width:No minimum.
3.Front Yard:30 feet;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.
4.Side Yards:No minimum shall apply,except where the side yard is
adjacent to an "R"District,in which case the yard shall be
at Ieast 15 feet.
5.Rear Yard:30 feet.
6.Maximum Height:40 feet except that radio communication towers
constructed in compliance with §221.1 of the Waukee
Municipal Code may not exceed 45 feet in height.
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!
7.Maximum Number 3 stories.
of Stories:
D.Off Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
E.Site Plan Requirements.See Chapter 304 of the Municipal Code.
F.Minimum Open Space.The total land area devoted to open space and landscaping
shall not be less than ten (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.
§301.18."C-1A"NEIGHBORHOOD COMMERCIAL DISTRICT.The "C-1A"District is
designed to provide space for the general retail and service commercial uses outside the
central business district.The uses permitted are intended to accommodate primarily the
local and trade area retail consumer.
A.Principal Permitted Uses.Only the use of structures or land listed in this section
shall be permitted in the "C-1A"District.
1.Hospitals,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,and similar uses.
3.Personal service businesses such as beauty and barber shops,shoe repair and
similar uses.
4.Retail business or service establishments such as the following:
a.Antique shops.
b.Apparel shops.
c.Art shops.
d.Baby and chi Idrens stores.
e.Bakeries or bakery outlets -retail sales only.
f.Bicycle shops,sales and repairs.
g.Book stores.
h.Camera stores.
I.Clothes cleaning and laundry pickup stations.
J.Confectionery stores,including ice cream or snack bars.
k.Convenience store.
I.Dairy stores -retail only.
m.Delicatessens.
n.Dance studios.
o.Drug stores.
p.Dry goods stores.
q.Florist shops.
r.Furniture stores.
s.Gift shops.
1.Hardware stores.
u.Hobby shops.
v.Jewelry stores and watch repair shops.
w.Key shops.
x.Launderettes,coin-operated dry-cleaning establishments,and dry-cleaning or
pressing establishments.
y.Meat market for retail sales only.
z.Leather goods store.
bb.Music studios other than recording studios.
aa.Music stores.
cc.Paint and wallpaper stores.
dd.Photographic studios.
ee.Postal substations.
ff.Professional offices.
gg.Retail printing/copy shops.
hh.Radio and television sales and repair shops.
ii.Real estate,insurance and financial institutions.
JJ.Restaurants,cafes.
kk.Shoe and hat repair shops.
II.Sporting goods stores.
mm.Tailor and dressmaking shops.
nn .Toy stores.
00.Variety stores.
pp.Child care centers and nursery schools.
5.Service,business or recreational uses such as the following:
a.Automobile accessory stores.
b.Drive-in banks.
c.Food,meat and fruit stores and food catering services,retail only.
d.Laundry pickup stations.
e.Travel and tourist information centers.
B.Permitted Accessory Uses.
1.Accessory uses and structures customarily incidental to any principal permitted
use.
L
2.Storage of merchandise incidental to the principal use.
3.Exterior signs located on the street frontages of principal buildings referring only
to a use or uses located within such building,and attached or integral thereto,
provided that:
a.Such signs shall not have an aggregate surface area in excess of twenty (20)
percent of the total surface area of the building elevation to which they are
attached;
b.Signs which project out from the building more than eighteen (18)inches
must be at least twelve (12)feet above grade and may project a maximum of
six (6)feet;
c.No sign shall project more than four (4)feet above the roof line or parapet
where one exists.
4.One free standing or post sign referring only to a use or uses conducted on the
premises may be erected in any yard abutting a public street,provided however:
a.That such sign shall not have a surface area in excess of one hundred (100)
square feet on anyone side and not more than two sides of said sign shall be
used for advertising purposes;
b.That such sign located closer than ten (10)feet to the right-of-way line must
be at least twelve (12)feet above grade.
c.A directory sign or monument sign may be substituted in place of a post sign,
subject to the requirements set forth in (4)(A)above.A monument sign shall
not be more than ten (10)feet in height and shall not be located closer than
ten (10)feet to any property line.
d.The Administrative Official shall have the authority to prohibit the erection
of any sign that interferes with visibility for either vehicular or pedestrian
traffic.
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Lot Area:No minimum.
2.Lot Width:No minimum.
3.Front Yard:30 feet;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.
4.Side Yards:No minimum shall apply,except where the side yard is
adjacent to an "R"District,in which case the yard shall be
at Ieast 15 feet.
5.Rear Yard:30 feet.
6.Maximum Height:40 feet except that radio communication towers
constructed in compliance with §221.1 ofthe Waukee
Municipal Code may not exceed 45 feet in height.
7.Maximum Number 2 stories.
of Stories:
D.Off Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
E.Site Plan Requirements.See Chapter 304 of the Municipal Code.
F.Minimum Open Space.The total land area devoted to open space and landscaping
shall not be less than ten (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.
§301.19."C-2"CENTRAL BUSINESS DISTRICT.The "C-2"District is intended to
accommodate the variety of retail stores and related activities which occupy the prime area
within the Central Business District.No property shall be zoned "C-2"Commercial unless
it lies adjacent to property zoned "C-2"Commercial as a part of the Central Business
District.
A.Principal Permitted Uses.
1.Any use permitted in the "C-l A"District,provided that the bulk regulations of
the "C-l A"District shall not apply to such use.
2.Owner occupied dwelling units in existing structures."Owner"shall include
family of Owner within the second degree of consanguinity or affinity.
3.Dwelling units occupied by a manager or managers in responsible charge,for
adequate consideration,of the entire business or businesses housed in the same
structure owned by the Owner of the business or businesses.
i
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4.Combination of above uses.
B.Permitted Accessory Uses.
1.Accessory uses permitted in the "C-1A"District,provided that the bulk
regulations of the "C-1 A"District shall not apply to such use.
2.Exterior fascia signs only,located on the street frontages of principal buildings
referring only to a use or uses located within such building,and attached or
integral thereto,provided that:
a.Such signs shall not have an aggregate surface area in excess of twenty (20)
percent of the total surface area of the building elevation to which they are
attached;
b.Such signs may not project out from the building more than eighteen (18)
inches.
c.No sign shall project more than four (4)feet above the roof line or parapet
where one exists.
3.One free standing or post sign referring only to a use or uses conducted on the
premises may be erected in any yard abutting a public street,provided however:
a.That such sign shall not have a surface area in excess of one hundred (100)
square feet on anyone side and not more than two sides of said sign shall be
used for advertising purposes;
b.The bottom of the surface area of such sign shall not be less than twelve (12)
feet above the ground surface upon which it is erected.
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications in Section 301.26.
1.Lot Area:None.
2.Front Yard:None.
3.Side Yard:None except where side yard is adjacent to an "R"District,
in which case the yard shall be at least 15 feet.
4.Rear Yard:None.
5.Maximum Height:40 feet,except that radio communication towers
constructed in compliance with §221.1 ofthe Waukee
Municipal Code may not exceed 45 feet in height.
6.Maximum Number 3 stories.
of Stories:
D.Site Plan Requirements.See Chapter 304 of the Municipal Code.
E.Off-Street Parking and Loading:None required.
§301.20.IC-3"PLANNED COMMERCIAL DEVELOPMENT REGULATIONS.
A.Statement of Intent."C-3"District is intended to provide for the development of
shopping centers and/or commercial office buildings.For the purposes of this
section,the term "shopping center"shall mean a planned retail and service area
under single ownership,management,or control characterized by a concentrated
grouping of stores and compatible uses,with various facilities designed to be used
in common,such as ingress and egress roads,extensive parking accommodations,
etc.
Since shopping center developments,whether large or small,have a significant
effect upon the Comprehensive Plan for the development of the City,extensive
authority over their development is retained by the City Council and the Plan
Commission.Many matters relating to the shopping center's design,its potential for
success or failure and its effect upon surrounding neighborhoods must be
considered by the Council and Commission in order to reasonably be assured that
the area will not eventually become blighted.It is further intended that in the event
of an applicant's failure to construct a shopping center/office commercial structure
in accordance with a reasonable time schedule the City Council shall enact the
necessary legislation to reclassify the area to another classification consistent with
the surrounding neighborhood.Such action would also,because of the reduction in
commercial zoning in a given area,provide conditions whereby it could be
reasonable for the Council to classify other areas in the vicinity for shopping center
use.
B.Procedures.The owner or owners of any tract of land comprising an area of not less
than five (5)acres may submit to the City Council a petition requesting a change to
the C-3 zoning district classification.The petition shall be accompanied by a plan
for the commercial use and development of the tract for the purposes of meeting the
requirements of this section and be evidence of the feasibility of the project and its
effects on surrounding property,including each of the following:
1.A site plan defining the areas to be developed for buildings,the areas to be
developed for parking,the location of sidewalks and driveways and the points of
ingress and egress,including access streets where required,the location and
height of walls,existing and proposed grades,the location and type of
landscaping and the location,size and number of signs,type or style or
architecture,building materials,color or other significant features.
2.An analysis of market conditions in the area to be served.Including types and
amount of service needed and general economic justification.
3.A traffic analysis of the vicinity indicating the effect of the proposed shopping
center on the adjacent streets.
4.A statement of financial responsibility to assure construction of the shopping
center,including landscaping,in accordance with the plan and the requirements
of this section.
The development plan shall be referred to the 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 civic
design,land use planning,and landscape architecture.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 preserve the intent and purpose of this ordinance to promote public
health,safety,morals,and general welfare.The development plan as approved by
the Commission shall then be reported to the City Council,whereupon the City
Council may,approve or disapprove said plan as reported or may require such
changes thereto as it deems necessary to effectuate the intent and purpose of this
ordinance.
C.Standards.Uses permitted in the "C-3"district shall include any use permitted in the
"C-1 A"or "C-2"districts and as limited by these districts,provided,however,the
Council may consider any additional restrictions proposed by the owner.The bulk
regulations of the "C-2"district shall be considered minimum for the "C-3 district";
however,it is expected that these minimums will be exceeded in all but exceptional
situations.Buildings may be erected to heights greater than those allowed in the
"C-2"district in accordance with the intent and purpose of this section.
D.Completion.The Council may make the approval of the shopping
centerlcommercial office structure plan contingent upon the completion of
construction and improvements within a reasonable period of time,provided,
however,that in the determination of such period,the Council shall consider the
scope and magnitude of the project and any schedule or timetable submitted by the
developer.Failure to complete the construction and improvements within said
period of time shall be deemed sufficient cause for the Council,in accordance with
the provisions of Section 301.31,to rezone the subject property to the classification
effective at the time of original submission of the shopping center plan,unless an
extension is recommended by the Commission and approved by the Council for
due cause shown.Any proposed change in the shopping center plan,after approval
,~----~~--~----~---
by the Council,shall be resubmitted and considered in the same manner as the
original proposal.
E.Off Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
F.Landscaping.A minimum of 15%of the total area shall be retained as landscaped
open space to include such items as walks,trees,shrubs,fountains or other
ornamental features.
G.Signs.On-site.Signs will be permitted according to the following restrictions:
1.One monument sign on each street on which a business abuts shall be
permitted.An exterior sign shall pertain only to a use conducted within the
building.No sign may project over any street line (or extend more than six (6)
feet over any building line)whether fixed to the building or any other structure.
In no case shall any sign project more than four (4)feet above the roof line,or
parapet wal I.
2.One "post sign"on each street on which a business abuts;provided,however,
that said "post sign"shall not have a surface area greater than fifty (50)square
feet on anyone side thereof and not more than two (2)sides of said "post sign"
shal I be used for advertising purposes.The term "post sign"as herein defined
shall not be deemed to include any sign advertising the trade name,
merchandise or service of any person,firm,or corporation who pays a
consideration for the privilege of placing,maintaining,or using any portion of
said sign to the owner or occupant of the premises upon which said sign is
erected or placed.Said "post sign"shall not extend over street right-of-way lines
nor otherwise obstruct or i mpai r the safety of pedestrians or motorists.
3.On premises roof signs shall be permitted to a maximum of one hundred fifty
(150)square feet.The back of said sign shall be effectively shielded from public
view by a building wall,by backing the sign against another sign face,by
grouping such signs in clusters to conceal the exposed backs,or by painting the
exposed back a neutral color.All roof signs must adhere to the height
limitations of this district.
4.The total area of all signs pertaining to the business conducted in any building,
shall not exceed a total area of two hundred (200)square feet.
§301.21."C-4"OFFICE PARK COMMERCIAL DISTRICT.
A.Statement of Intent.The "C-4"District is intended and designed to provide certain
areas of the City for the development of professional and business offices.The
district is intended to be compatible with established residential areas where limited
IL
office use would be suitable and not incompatible with the residential character of
the district.The district is also intended for certain residential areas which by
reason of proximity to existing commercial areas and major streets would be
suitable for limited office use.
B.Principal Permitted Uses.Only the uses of structures or land listed in this section
shall be permitted in the "C-4"District.
1.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.
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 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.
6.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 1 through 5 above:bookstores,
camera stores,snack shops,drug stores,gift shops,restaurants (not including
drive-in restaurants),cocktail lounges,travel agencies,stationery stores,and uses
of a similar nature.
C.Permitted Accessory Uses.
1.Accessory uses and structures customarily incidental to any principal permitted
use.
2.Prescription pharmacy accessory to a medical clinic.
3.One nonself-illuminated sign,not to exceed fifty (50)square feet in area
denoting only the name of the building and use shall be permitted.In addition,
one nonself-illuminated nameplate not over four (4)square feet in area shall be
permitted for each individual business or service and/or person engaged in a
business or profession within the building.Said signs may be attached to the
building or be located within any required yard on a directory sign.ID.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Lot Area:No minimum requirement.
2.Lot Width:No minimum requirement.
3.Front Yard:40 feet.
4.Side Yards:No minimum requirement,except when adjoining any "R"
district or street right-of-way,in which case 25 feet.
5.Rear Yard:30 feet.
6.Maximum Height:Principal building -45 feet.
Accessory building -12 feet.
7.Maximum Number Principal building -4 stories.Accessory building -1 story.
of Stories:
E.Minimum Open Space.The total land area devoted to open space and landscaping
shall not be less than ten (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,structure,or buildings,except ornamental
structures included as part of the landscaping theme.
F.Off-street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
G.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§30l.22."M-l"LICHT INDUSTRIAL DISTRICT.The "M-1"District is intended and
designed to provide for increased flexibility in the location of certain manufacturing 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.
A.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.Any use perm itted in C-1A.
2.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.
3.Commercial trade schools.
4.Compounding and packaging of drugs,pharmaceuticals,cosmetics,perfumes
and toiletries.
5.Laboratories;research,experimental and testing.
6.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.
7.Office buildings.
8.Printing,lithographing or film processing plants.
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9.Radio and television broadcasting stations and studios,but not including
antennas or towers.
10.Warehouses for storage of merchandise or material in connection with the uses
permitted in this district only.
11.Heliports.
B.Perm itted Accessory Uses.
1.Accessory uses of land or structures customarily incidental and subordinate to
any of the above principal uses.
2.Dwellings for watchman or caretaker.
3.Employee cafeteria or other food concession in conjunction with permitted uses.
4.Signs,as permitted in the "C-1"District.
C.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Front Yard:30 feet;when fronting on the right-of-way of a major
thoroughfare shown on the Official Major Streets Plan
included in the City's Comprehensive Plan,the front yard
shall be measured from the proposed right-of-way line.
2.Side Yard:None required except when adjacent to an "R"or "C-1"
District or street right-of-way line,a side yard of 25 feet
shall be required.
3.Rear Yard:30 feet,unless the rear lot line adjoins a railroad
right-of-way,in which case,none required.
4.Maximum Height:40 feet,except that radio communication towers
constructed in compliance with §221.1 of the Waukee
Municipal Code may not exceed 45 feet in height.
5.Maximum Number
of Stories:
3 stories.
D.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
E.Site Plan Requirements.See Chapter 304 of the Municipal Code.
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F.Minimum Open Space.The total land area devoted to open space and landscaping
shall not be less than ten (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.
§30l.23."M-1A"LIMITED INDUSTRIAL DISTRICT.
A.Statement of Intent.The "M-1A"District is intended and designed to provide areas
of the City suitable for activities and uses of a medium industrial nature.It is not
intended that any new residential development be permitted in the M-1 A District.
B.Uses Permitted.Only the use of structures of land listed in this section shall be
permitted in the "M-1 A"District.
1.Any use permitted in the C-1 and M-1 Districts.
2.Adult entertainment businesses.
3.Bag,carpet and rug cleaning.
4.Bakeries.
5.Welding or other metal working shops.
6.Carting,express,hauling or storage yards;contractors equipment and materials
storage yards.
7.Creamery,bottling works,ice cream manufacturing (wholesale),ice
manufacturing and cold storage plant.
8.Enameling,lacquering or japanning.
9.Laboratories;research,experimental and testing.
10.Lumber yards and building material sales yards.
11.Machine shops.
12.Manufacture of musical instruments and novelties.
13.Manufacture or assembly of electrical appliances,instruments and devices.
14.Manufacture of pottery or other similar ceramic products,using only previously
pulverized clay and kilns fired only by electricity or gas.
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15.Manufacture and repair of electric signs,advertising structures,sheet metal
products,including heating and ventilating equipment.
16.Milk distribution station.
17.Manufacture of wood products not involving chemical treatment.
18.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.
19.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.
20.Printing plant.
21.Storage and sale of livestock feed,providing dust is effectively controlled.
22.Flammable liquids storage not to exceed 40,000 gallons,provided it is located at
least 200 feet from any "R"District.
23.Wholesale storage and warehouse establishments.
C.Permitted Accessory Uses.
1.Signs permitted in and as limited by the C-2 District regulations.
2.Accessory uses customarily incidental to a permitted principal use,including
accessory uses permitted in the M-l District.
D.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.
E.Adult Entertainment Businesses:It is the purpose of this Ordinance 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 City 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 affects will not contribute to the blighting or downgrading of the
surrounding neighborhood.The City 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 location.The City Council
further finds that these regulations are necessary to protect the health,safety and
general welfare of all residents of the community.
1.Limitations on Adult Entertainment Businesses:Adult entertainment businesses
shall be subject to the following restrictions and no person shall cause or permit
the establishment of any adult entertainment business contrary to said
restrictions:
a.No adult entertainment business shall be open for business between the
hours of twelve midnight and six a.m.
b.An adult entertainment business shall not be allowed within five hundred
(500)feet of another existing adult entertainment business.
c.An adult entertainment business shall not be located within five hundred
(500)feet of any residentially zoned district.
d.An adult entertainment business shall not be located within one thousand
(1,000)feet of a pre-existing school,public park,or church.
e.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.
2.Prohibited Activities of Adult Entertainment Businesses:
a.No adult entertainment business shall employ any person under eighteen
(18)years of age.
b.No adult entertainment business shall furnish any merchandise or services to
any person who is under eighteen (18)years of age.
c.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 Iicensed as an adu It use.No operator of an
adult entertainment business or any officer,associate,member,
representative,agent,owner,or employee of such business shall engage in
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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 Ordinance or
any laws of the State.
d.No part of the interior of the adult entertainment business shall be visible
from any pedestrian sidewalk,walkway,street,or other public or
semi-public area.
e.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 eighteen (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.
f.Except as hereinafter provided no person shall intentionally expose those
parts of his or her body hereinafter listed to another in any public place,or in
any place where such exposure is seen by another person or persons located
in any public place.
(1)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.
(2)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.
3.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 301.3.
4.Special Use Permit:The adult entertainment businesses may be permitted
subject to approval by the City Council after public hearing.In its determination
upon the particular use at the location requested,the Council shall consider all
of the following provisions:
a.That 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;
b.That such use shall not impair an adequate supply of light and air to
surrounding property;
c.That such use shall not unduly increase congestion in the streets or public
danger of fi re and safety;
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d.That such use shall not diminish or impair established property values in
adjoining or surrounding property;and
e.That such use shall be in accord with the intent,purpose and spirit of this
Ordinance and the Comprehensive Plan of the City of Waukee.
f.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 structure,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.
F.Bulk Regulations.The following minimum requirements shall be observed subject
to the modifications contained in Section 301.26.
1.Front Yard:40 feet.
2.Side Yards:None required,except when adjacent to any "R"District,
or street right-of-way line;in which case twenty-five (25)
feet.
3.Rear Yard:35 feet.
4.Maximum Height:40 feet.
5.Maximum Number No limitation.
of Stories.
G.Minimum Open Space.The total land area devoted to open space and landscaping
shall not be less than ten (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.
H.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
I.Site Plan Requirements.See Chapter 304 of the Municipal Code.
§301.24."M-2"HEAVY INDUSTRIAL DISTRICT.In the "M-2"District,the following
regulations shall apply,except as otherwise provided herein:
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I
A.Principal Permitted Uses.
1.Uses permitted in the "M-1A"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.
2.Any other use not otherwise prohibited by law;provided,however,that the
following uses shall be permitted subject to approval by the City Council after
public hearing,and after report and recommendation by the Commission.The
City Council shall consider all the following provisions in its determination upon
the particular use at the location requested:
a.That 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;
b.That such use shall not impair an adequate supply of light and air to
surrounding property;
c.That such use shall not unduly increase congestion in the streets,or public
danger of fire and safety;
d.That such use shall not diminish or impair established property values in
adjoining or surrounding property;and
e.That such use shall be in accord with the intent,purpose,and spirit of this
Ordinance 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-1A",except as specifically approved by the City Council.
3.Signs,as limited in the "M-1A"District.
B.Required Conditions.
1.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.
2 All principal buildings and all accessory buildings or structures,including
loading and unloading facilities,shall be located at least one hundred (100)feet
from any "R"District boundary except where adjoining a railroad right-of-way.
C.Bulk Regulations.The following requirements shall be observed subject to the
modifications contained in Section 301.26.
1.Lot Area:No minimum.
2.Lot Width:No minimum.
3.Front Yard:40 feet;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.
4.Side Yard:None required except adjacent to an "R"District in which
case not less than 100 feet as specified in paragraph B of
this section.
5.Rear Yard:30 feet;unless adjoining a railroad in which case no rear
yard is required.
6.Maximum Height:No limit.
D.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
E.Site Plan Requirements.See Chapter 304 of the Municipal Code.
F.Minimum Open Space.The total land area devoted to open space and landscaping
shall not be less than ten (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.
§301.25."COS"CONSERVATION AND OPEN SPACE DISTRICT.
A.Statement of Intent.The Conservation and Open Space District is intended to
preserve and protect the heavily wooded areas,the stream banks and floodplains of
the Waukee planning area from adverse future development.It is also intended that
development of the floodplains be restricted to minimize the danger to life and
property which results from development undertaken without full realization of
such danger.
B.Principal Permitted Uses.Only the use of structures or land listed in this section
shall be permitted in the Conservation and Open Space District.
1.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.
2.Forests and forestry preserves.
3.Publicly owned parks,nature areas,playgrounds,golf courses and similar
non-commercial recreational uses.
4.Any use erected or maintained by a public agency.
5.Public utility structures,subject to approval of the Board,except those utilities
and structure constructed by the City of Waukee.
6.Dumping of approved materials for land fill purposes;subject to prior approval
of the City Council and appropriate state agencies.
C.Perm itted Accessory Uses.
1.Accessory uses customarily incidental to a permitted principal use.
D.Bulk Regulations.The following minimum requirements shall be observed in the
Conservation and Open Space District.
1.Front Yard:50 feet.
2.Side Yards:50 feet.
3.Rear Yard:50 feet.
4.Maximum Height:No limitation.
5.Maximum Number No limitation.
of Stories:
E.Off-Street Parking and Loading.Spaces for off-street parking and loading shall be
provided in accordance with the provisions of Section 301.27.
§301.26.EXCEPTIONS,MODIFICATIONS AND INTERPRETATIONS.
A.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.
B.Double Frontage Lots.Buildings on through lots and extending through from street
to street shall provide the required front yard on both streets.
C.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 (1/2)of
the alley width may be included as a portion of the rear or side yard as the case may
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be.
D.Other Exceptions to Yard Requirement.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
twenty-four (24)inches,including roof overhang.
E.Billboards.No permit will be issued for any billboards except as specifically
approved by the City Council.
F.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 this Ordinance or where
some lots have been developed with a front yard greater than required by this
Ordinance,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 two hundred (200)feet
measured from building to building,except as follows:
1.Buildings located entirely on the rear half of a lot shall not be counted.
2.No buildings shall be required to have a front yard greater than fifty (50)feet.
3.If no building exists on one side of a lot within two hundred (200)feet of the lot
in question,the minimum front yard shall be the same as the building on the
other side.
G.Zoning of Annexed Areas.Any land annexed to the City after the effective date of
this Ordinance shall be zoned "A-1"Agricultural until the Commission and City
Council shall have studied the area and adopted a final zoning plan for the area in
accordance with Section 301.31 of this Ordinance.
H.Exceptions to Prohibited Uses.The City Council of Waukee,Iowa,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 this Ordinance.Notice of
time and place of hearing shall be given to all affected property owners at least ten
(10)days in advance of hearing by placing notice in the United States Mail.
1.Any pub I ic building erected and used by any department of the city,township,
county,state or federal government.
2.Airport or landing field.
3.Community building or recreation center.
4.Hospitals,non-profit fraternal institutions provided they are used solely for
fraternal purposes,and institutions of an educational,religious or philanthropic
character,provided that the building shall be set back from all yard lines a
distance of not less than two (2)feet for each foot of building height but not less
than the yard requirements for the district in which located.
5.Public cemetery.
Before issuance of any special permit for any of the above buildings or uses,the
City Council shall refer the proposed application to the Commission,which
Commission shall be given forty-five (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,that if no report is received from the Commission within
forty-five (45)days,it shall be assumed that the approval of the appl ication has been
given by the said Commission.
I.Use of Existing Lots of Record.In any district where dwellings are permitted,a
single family dwelling may be located on any lot of record as of the effective date of
this ordinance irrespective of its area or width;provided however:
1.The sum of the side yard widths of any such lot or plot shall not be less than
twenty (20)percent of the width of the lot,but in no case less than ten (10)
percent of the width of the lot or five (5)feet,whichever is greater,for anyone
side yard.
2.The depth of the rear yard of any such lot need not exceed twenty (20)percent
of the depth of the lot,but in no case less than twenty (20)feet.
J.Water and Sewerage Requirements.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 -twenty thousand (20,000)square feet:lot width at building line -one
hundred (100)feet;provided,however,that where a public water supply system
is available these requirements shall be fifteen thousand (15,000)square feet,
and one hundred (100)feet respectively.
2.The above requirements shall not apply in subdivision developments,providing
private common water supply and sewage collection and disposal systems,
which have been approved by the Iowa Department of Natural Resources.
3.In all districts where a proposed building,structure or use will involve the use of
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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.
§301.27.PARKING AND LOADING AREAS
A.Off-Street Loading Spaces Required.In any "C"or "M"District,in connection with
every building or part thereof hereafter erected,having a gross floor area of ten
thousand (10,000)square feet or more,which is to be occupied by manufacturing,
storage,warehouse,goods display,retail store,wholesale store,market,hotel,
hospital,mortuary,laundry,dry cleaning or other uses similarly requiring the
receipt or distribution by vehicles of material or merchandise,there shall be
provided and maintained on the same lot with such building,at least one (1)
off-street loading space plus one (1)additional such loading space for each twenty
thousand (20,000)square feet or major fraction thereof of gross floor area so used in
excess of ten thousand (10,000)square feet.
1.Each loading space shall be not less than twelve (12)feet in width,and forty (40)
feet in length.
2.Such space may occupy all or any part of any required yard or court space
except where adjoining an "R"District,it shall be set back at least twenty-five
(25)feet and screen planted.
B.Off-Street Parking Area Required.In all districts,in connection with every industrial,
commercial,business,trade,or institutional,recreational,or dwelling use,and
similar uses,space for parking and storage of vehicles shall be provided in
accordance with the following schedule:
1.Automobile sales and service garages -fifty (50)percent of gross floor area.
2.Banks,business and professional offices -fifty (50)percent of gross floor area.
3.Bowling alleys -five (5)spaces for each alley.
4.Churches and schools -one (1)space for each eight (8)seats in a principal
auditorium.When no auditorium is involved,one (1)space for every two (2)
employees.
5.Dance halls,assembly halls -two hundred (200)percent of floor area used for
dancing or assembly.
6.Dwellings -Single family dwelling -two (2)parking spaces accessible to the
street.Duplex family dwelling -four (4)parking spaces accessible to the street.
Multi-family dwelling -1 or 2 bedroom -two (2)parking spaces.
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7.Day care center -one (1)parking space for each full-time employee plus one (1)
parking space for every ten (10)licensed capacity of center.
8.Funeral homes,mortuaries -one (1)parking space for each five (5)seats in the
principal auditorium.
9.Furniture and appliance stores,household equipment or furniture repair shops
over one thousand (1,000)square feet of floor area -fifty (50)percent of gross
floor area.
10.Hospitals -one (1)space for each four (4)beds.
11.Hotels,lodging houses -one (1)space for each bedroom.
12.Manufacturing plants -one (1)space for each three (3)employees on the
maximum working shift.
13.Restaurants,beer parlors,and night clubs over one thousand (1,000)square feet
floor area -two hundred (200)percent of gross floor area.
14.Retail stores,shops,etc.,under two thousand (2,000)square feet of floor area-
one hundred (100)percent of gross floor area.
15.Retai I stores,supermarkets,etc.over two thousand (2,000)square feet of floor
area -two hundred fifty (250)percent of gross floor area.
16.Sports arenas,auditoriums,other than in schools -one (1)parking space for each
six (6)seats.
17.Theaters,assembly halls with fixed seats -one (1)parking space for each four (4)
seats.
18.Wholesale establishments or warehouses -one (1)parking space for every two
(2)employees.
19.Off-street parking area is required for retail stores,convenience stores and
automobile service stations combined,under four thousand (4,000)square feet
actual building floor area -one (1)space per three hundred (300)square feet of
actual building floor area.
C.In case of any building,structure,or premises,the use of which is not specifically
mentioned herein,requirements for a use which is so mentioned and to which said
use is similar shall apply.
Every parcel of land hereafter used as a public or private parking area,including a
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commercial parking lot,shall be developed and maintained in accordance with the
following requirements:
1.No part of any parking space shall be closer than five (5)feet to any established
street right-of-way or alley line.In case the parking lot adjoins an "R"District,it
shall be set back at least twenty-five (25)feet from the "R"District boundary and
shall be effectively screen planted.
2.Any off-street parking area,including any commercial parking lot,for more than
three (3)vehicles shall be surfaced with an asphaltic or portland cement binder
pavement or such other surfaces as shall be approved by the City Council.
3.Any lighting used to illuminate any off-street parking area including any
commercial parking lots,shall be so arranged as to reflect the light away from
adjoining premises in any "R"District.
D.Off-street parking areas may be established in any "R"District that immediately
joins a "C"or "M"District,provided such parking shall be accessory to and for use
of one or more business or industrial establishments located in the adjoining "C"or
"M"District;provided,however,that such transitional use shall not extend more
than one hundred (100)feet from the boundary of the less restricted zone.
A twenty-five (25)foot screen planted or wood fenced landscaped yard shall be
maintained between said parking areas and adjoining lots in residential districts.
Said screen planting or wood fence shall be located between the parking area and
the landscaped yard,shall obscure the activity,be at least six (6)feet in height and
be maintained in good condition.A masonry wall or other suitable fence may be
substituted for the wood fence.
Parking areas shall be developed as follows:
1.No less than five (5)percent shall be landscaped and continuously maintained.
2.Planting along the perimeter of a parking area,whether required for screening or
general beautification will not be considered as part of the five (5)percent
interior landscaping.
F.Parking spaces required shall be provided in accordance with the following
requirements:
1.Each required parking stall shall be not less than nine (9)feet in width and not
less than nineteen (19)feet in length.
2.Maneuvering space required is the aisle width necessary to permit the safe and
convenient parking of a motor vehicle and is based on the degree of angle
parking provided.Aisles shall be provided as follows:
Degree of Angle Parking Provided Aisle Width Required
o
20
30
40
45
50
60
70
80
90
12
12
12
13
13
13
18
19
24
24
§301.28.ADMINISTRATION AND ENFORCEMENT -BUILDING PERMITS AND
CERTIFICATESOF ZONING COMPLIANCE.
A.Administration and Enforcement.The Administrative Official designated by the City
Council shall administer and enforce this Ordinance.The Administrative Official
may be provided with the assistance of such other persons as the City Counci I may
direct.
If the Administrative Official shall find that any of the provisions of this Ordinance
are being violated,the Official shall notify in writing the person responsible for such
violations,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 this Ordinance to
insure compliance with or to prevent violation of its provisions.
B.Building Permits Required.No building or other structure shall be erected,moved,
added to or structurally altered without a perm it therefor,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 this Ordinance,except after written order from the
Board.See Section 301.30 for schedule of fees.The Council may,for good cause
shown waive the fee required herein where the building,structure,accessory
building or fence is constructed by a charitable,educational,or religious
organization for public purposes.
C.Application for Building Permit.All applications for building permits shall be
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accompanied by plans in duplicate,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 this
Ordinance.The Administrative Official shall have twelve (12)days excluding
Sundays and legal holidays in which to accept or reject an application for building
permits after the same has been submitted in proper form.
D.Certificates of Zoning Compliance.It shall be 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
therefor by the Administrative Official stating that the proposed use of the building
or land conforms to the requirements of this Ordinance.
No non-conforming 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 non-conforming use differs from the provisions of this Ordinance,
provided that upon enactment or amendment of this Ordinance,owners or
occupants of non-conforming uses or structures shall have one (1)year to apply for
certificates of zoning compliance.Failure to make such application within one (1)
year shall be presumptive evidence that the property was in conforming use at the
time of enactment or amendment of this Ordinance.
Certificates of zoning compliance shall be applied for coincidentally with the
application for a building permit,and shall be issued within ten (10)days after the
lawful erection or alteration of the building is completed in conformity with the
provisions of this Ordinance.
A temporary certificate of zoning compliance may be issued by the Administrative
Official for a period not exceeding six (6)months during alterations or partial
occupancy of a building pending its completion,provided that such temporary
certificate may require such conditions and safeguards as will protect the safety of
the occupants and the publ ic.
The Administrative Official shall maintain a record of all certificates of zoning
compliance,and copies shall be furnished upon request to any person.
Failure to obtain a certificate of zoning compliance shall be a violation of this
Ordinance and punishable under Section 301.33 of this Ordinance.
See Section 301.30 for schedule of fees.
E.Expiration of Building Permit.If the work described in any building permit has not
begun within ninety (90)days from 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 (2)years of 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.
F.Construction and Use to be as Provided in Applications.Plans.Permits and
Certifications of Zoning Compliance.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 this Ordinance,and punishable as provided by
Section 301.33 hereof.
§301.29.BOARD OF ADJUSTMENT -PROCEDURE,POWERS AND DUTIES.
A.Board Created.A Board of Adjustment is hereby established which shall consist of
five (5)members.The terms of office of the members of the Board and the manner
of their appointment shall be as provided by Statute.
B.Meetings.Meetings of the Board shall be held at the call of the chairman,and at
such other times as the Board may determine.Such chairman,or in the chairman's
absence the acting chairman,may administer oaths and compel the attendance of
witnesses.All meetings of the Board shall be open to the public.The Board shall
keep minutes of its proceedings,showing the vote of each member on each
question,or if absent or failing to vote,indicating such fact,and shall keep records
of its examinations and other Official actions,all of which shall be immediately
filed in the office of the Board and shall be a public record.The presence of three
(3)members shall be necessary to constitute a quorum.
C.Appeals.Appeals to the Board may be taken by any person aggrieved,or by any
Official,department,board or bureau of the City of Waukee affected by any
decision of the Administrative Official.Such appeal shall be taken within ten (10)
days by filing with the Administrative Official and with the Board a notice of appeal
IL
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 case shown.
D.Fee for Appeal.See Section 301.30 for schedule of fees.
E.Hearings.Notice.The Board shall fix a reasonable time for the hearing on the
appeal,give public notice thereof as well as due notice to the parties in interest and
decide the same within a reasonable time.At the hearing,any party may appear in
person or by agent,or by attorney.Before an appeal is filed with the Board,the
appellant shall pay a fee as set forth in Section 301.30.
F.Powers -Administrative Review.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 this Ordinance.
G.Powers -Special Exceptions.To permit the following exceptions to the District
regulations set forth in this Ordinance subject to the requirements of this Section:
1.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.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.To hear and decide only such other special exceptions as the Board is
specifically authorized to pass on by the terms of this Ordinance;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 this Ordinance.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 this Ordinance under which the special exception is sought and
stating the grounds on which it is requested.
b.Notice of public hearing shall be given at least ten (10)days in advance of
public hearing.The owner of the property for which the special exception is
sought or the owner's agent and any other affected property owners shall be
notified by mail.Notice of hearing shall also be posted on the property for
which a special exception is sought.
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 this
Ordinance described in the application to grant the special exception and it
will not adversely affect the public interest.
In granting any special exception the Board may prescribe appropriate conditions
and safeguards in conformity with this Ordinance.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 this Ordinance and punishable under
Section 301.33 of this Ordinance.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.
H.Powers -Variances.To authorize upon appeal in specific cases such variance from
the terms of this Ordinance as will not be contrary to the public interest where,
owing to special conditions,a literal enforcement of the provisions of this
Ordinance would result in unnecessary hardship.A variance from the terms of this
Ordinance shall not be granted by the Board unless and until:
1.A written application for a variance is submitted demonstrating:
a.That 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.That literal interpretation of the provisions of this Ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same
district under the terms of this Ordinance;
c.That the special conditions and circumstances do not result from the actions
of the appl icant;
d.That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands,structures,
or buildings in the same district;
No non-conforming use of neighboring lands,structure,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.
2.Notice of public hearing shall be given in advance of public hearing.The
owner of the property for which the variance is sought or the owner's agent and
any other affected property owners shall be notified by mai I.
3.The public hearing shall be held.Any party may appear in person,or by agent
or by attorney.
4.The Board shall make findings that the requirements of this section have been
met by the applicant for a variance.
5.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.
6.The Board shall further make a finding that the grant of the variance will be in
harmony with the general purpose and intent of this Ordinance,and will not be
injurious to the neighborhood or otherwise detrimental to the public welfare.
In granting any variance,the Board may prescribe appropriate conditions and
safeguards in conformity with this Ordinance.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 this Ordinance and punishable under Section 301.33
of this Ordinance.
Under no circumstances shall the Board grant a variance to allow a use not
permissible under the terms of this Ordinance in the district involved,or any use
expressly or by implication prohibited by the terms of this Ordinance in said
District.
I.Decisions of the Board.In exercising the above-mentioned powers,the Board may,
so long as such action is in conformity with the terms of this Ordinance,reverse or
affirm,wholly or partly,or may modify the order,requirements,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.
The concurring vote of three (3)members of the Board shall be necessary to reverse
any order,requirement,decision,or determination of the Administrative Official,or
r-
!
to decide in favor of the applicant on any matter upon which it is required to pass
under this Ordinance,or to effect any variation in this Ordinance.
J.Appeals from Decision of the Board.Any taxpayer,or any officer,department,
board or bureau of the City of Waukee or any person or persons jointly or severally
aggrieved by any decision of the Board 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 thirty (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.
§301.30.DUTIES OF ADMINISTRATIVE OFFICIAL,BOARD OF ADJUSTMENT,CITY
COUNCIL,AND COURTS ON MATTERS OF APPEAL
It is the intent of this Ordinance 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 only on appeal from the decision of the Administrative Official,and that
recourse from the decisions of the Board shall be to the courts as provided by law and
particularly by Statute.
It is further the intent of this Ordinance that the duties of the City Council in connection
with this Ordinance 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 this Ordinance.Under this Ordinance,the City Council shall have only
the duties of (1)considering and adopting or rejecting proposed amendments or the repeal
of this Ordinance,as provided by law,(2)of establishing a schedule of fees and charges as
stated in Section 301.30 below,and (3)considering applications for special permits for
exceptions to prohibited uses as specified in Section 301.25 of this Ordinance.
§301.31.SCHEDULE OF FEES.The City Council shall establish a schedule offees,
charges,and expenses and a collection procedure for certificates of zoning compliance,
appeals,and other matters pertaining to this Ordinance.The schedule of fees shall be
posted in the office of the Administrative Official,and may be altered or amended by the
City Counci I.
No certificate,special exception,or variance shall be issued unless or until such costs,
charges,fees,or expenses have been paid in full,nor shall any action be taken on
proceedings before the Board unless or until preliminary charges and fees have been paid
in full.
§301.32.AMENDMENTS.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 the members of the City Council.In case,however,of a protest
against such change signed by the owners of twenty (20)percent or more either of the area
of the lots included in such a proposed change,or by the owners of twenty (20)percent or
more of the property which is located within two hundred (200)feet of the boundaries of
the property for which the change is proposed,such change shall not become effective
except by the favorable vote of at least three-fourths (3/4)of all the members of the
Council.
Whenever any person,firm or corporation desires that any amendment or change be made
in this Ordinance,including the text and/or map,as to any property in the City,and there
shall be presented to the Council a petition requesting such change or amendment and
clearly describing the property and its boundaries as to which the change or amendment is
desired,duly signed by the owners of fifty (50)percent of the area of all real estate
included within the boundaries of said tract as described in said petition,and in addition,
duly signed by the owners of fifty (50)percent of the area of all real estate lying outside of
said tract but within two hundred (200)feet of the boundaries thereof,(intervening streets
and alleys not to be included in computing such two hundred (200)feet)it shall be the
duty of the Council to vote upon such petition within a reasonable time after the filing of
such petition with the City Clerk.
The City Council shall,by resolution,establish a schedule of fees,charges,and expenses
and a collection procedure for amendment to this zoning ordinance.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 City Council.
Whenever any petition for an amendment,supplement,or change of the zoning
regulations herein contained or subsequently established shall have been denied by the
City Council,then no new petition covering the same property,or the same property and
additional property,shall be filed with or considered by the City Council until one (1)year
shall have elapsed from the date of the filing of the first petition.
§301.33.COMPLAINTS REGARDING VIOLATIONS.Whenever a violation of this
Ordinance 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 this Ordinance.
§301.34.ENFORCEMENT,VIOLATIONS AND PENALTIES.
A.Enforcement.All departments,officials,and employees of the City of Waukee 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 this Ordinance.
c-_·
B.Penalties for Violation.Violation of the provisions of this Ordinance,or failure to
comply with any of its requirements,shall constitute a simple misdemeanor.Any
person who violates this Ordinance or fails to comply with any of its requirements
shall,upon conviction thereof,be fined not more than one hundred dollars ($100)
or imprisoned for not more than thirty (30)days,or both,and in addition shall pay
all costs and expenses involved in the case.Each day such violation continues shall
be considered a separate offense.
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.
Nothing herein contained shall prevent the City from taking such other lawful
action as necessary to prevent or remedy any violation.
§301.35.SEVERABILITY CLAUSE.Should any section or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid,that decision shall not affect the
validity of the ordinance as a whole or any part thereof,other than the part so declared to
be invalid.
§301.36.EFFECTIVEDATE.This ordinance shall be in full force and effect from and after
its passage,approval,and publication as provided by law.
Passed and approved by the Waukee City Council on the 16th day of June,1997.
/s/Donald L.Bailey Jr.
Mayor
ATTEST:
/s/Kurt A.Rueckel
City Clerk
I hereby certify that the foregoing was published as Ordinance No.in the Dallas
County News on the --day of July,1997.
/s/Kurt A.Rueckel
City Clerk