HomeMy WebLinkAbout1981-12-29-Ordinance 2006_Zoning RegulationsORDINANCE No.2006
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE CITY OF WAUKEE,IOWA,AND PROVIDING FOR THE ADMIN-
ISTRATION,ENFORCEMENT,AND AMENDMENT THEREOF,IN ACCOR-
DANCE WITH THE PROVISIONS OF CHAPTER 414,CODE OF IOWA,AS
AMENDED,AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Adoption Clause.That the comprehen-
sive zoning regulations of the City of Waukee,Iowa,a
copy of which is hereto attached,and by this reference
made a part hereof as though fully set out herein,is
hereby adopted as the zoning ordinance of the City of
Waukee,Iowa,pursuant to published notice in accordance
with the state law and public hearing held on the c2Cl day
of December,1981.
ZONING ORDINANCE
CITY OF WAUKEE
TABLE OF CONTENTS
Section
301.1
Subject
Preamble
Page-1-
301.2 Interpretation of Standards 2
301.3 Definitions 2
301.4 Establishments of Districts:Provisions
for Official zoning Map 12
301.5 Rules for Interpretation of District
Boundaries
13
301.6 Application of District Regulations 14
301.7 Non-Conforming Lots,Non-Conforming
Uses of Land,and Non-Conforming Uses
of Structures and Premises
15
301.8 General Regulations 18
301.9 "A-I"Agricultural District 20
301.10 "R-l"Single Family Residential District 22
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301.11
301.12
301.13
301.14
301.15
301.16
301.17
301.18
301.19
301.20
301.21
301.22
301.23
301.24
301.25
301.26
301.27
301.28
301.29
301.30
301.31
301.32
"R-2"One and Two Family Residential
District
"R-3"Multi-Family Residential District
"R-4"Row Dwelling and Condominium
Dwelling District
"R-5"Planned Unit Development District
"R-6"Mobile Home Residential District
"C-l"Community Commercial District
"C-2ff Central Business District
"C-3"Planned Commercial District
"M-l"Light Industrial District
"M-2"Heavy Industrial District
Exceptions,Modifications and54
Interpretations
Parking and Loading Areas
Signage
Administration and Enforcement -
Building Permits and Certificates of
Zoning Compliance
Board of Adjustment -Procedure,
Powers and Duties
Duties of Administrative Official,
Board of Adjustment,City Council,
and Courts on Matters of Appeal
Schedule of Fees
Amendments
Complaints Regarding Violations
Enforcement,Violations and Penalties
Separability Clause
Effective Date
24
27
29
30
35
39
43
44
48
51
56
60
67
70
75
75
76
77
77
78
78
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ZONING ORDINANCE
CITY OF WAUKEE
§301.1.Preamble
AN ORDINANCEESTABLISHING COMPREHENSIVEZONING REGULATIONS
FOR THE CITY OF WAUKEE,IOWA,AND PROVIDING FOR THE ADMIN-
ISTRATION,ENFORCEMENT,AND AMENDMENTTHEREOF,IN ACCOR-
DANCE WITH THE PROVISIONS OF CHAPTER414,CODE OF IOWA,AS
AMENDED,AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH.
W~EREAS,Chapter 414,Code of Iowa,as amended,empowers
the City of Waukee to enact 'a zoning ordinance and to pro-
vide for its administration,enforcement,and amendment,
and
WHEREAS,the City Council deems it necessary for the pur-
pose of promoting the health,safety,morals,or general
welfare of the City of Waukee to enact such an ordinance,
and
WHEREAS,the City Council,pursuant to the prov i s i.ons of
Chapter 414,Code of Iowa,as amended,has appointed a
Zoning Commission to recommend the boundaries of the
various original districts and appropriate regulations to
be enforcedtherl'!in,and
WHEREAS,the zorling COmmission has divided theCityint(}
districts andhas·'prepared regulations pertainirlgto,such
districtsinaccOrd~ncewith a comprehensive plan and de-
signed to lessen c0tlgestion in the streets;to ,secure
safety from fire1<flood,,panic,and ,other dangers;top~()-
mote ,heal thandthegeneral we 1filre ;to proyide<,a4eQtlil,t.e
light and a'ir;to'pievemtthe overcrowding of}anqi"€8ia.-"
void undue concentration of popul!at~()n,to~a<:ilit{itetp~
adequate prov i.s i on ~",pf ~tran:;;portation,.wat\il:::;>\~e\'iilg¢,'
schools,parks,and other public requirements'/Cll1d '
WHE,REAS,'the Zoning,Commission has given reaflQ.ri.'#~ie>C()nsi-
deration,,among other .things,'to ,the ,cl'J?:ra§te!:'of dis-
tricts "and theirpecqliil,r suitabilityJorp~rt(Fs~Iaruse,s,
with a 'view to conserving the value >of;q"#/~q~f,l,,j's'and en-
couraging the most appropriate use of Uuidt.houghout themunicipality,and',~~'~.,'
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WHEREAS,the Zoning Commission has made a preliminary re-
port and held public hearings thereon,and submitted its
final report to the City Council,and
)
WHEREAS,the City
hearings related
restrictions,and
Council has given due public notice of
to .zoning districts,regulations,and
has held such public heraings,and
WHEREAS,all requirements of Chapter 414,Code of Iowa,as
amended,with regard to the preparation of the report of
the 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:
§301 .2.Interpretation of Standards.In their in-
terpretation and application,the provisions of the Ordi-
nance shall be held to be minimum requirements.Where
this Ordinance imposes a greater restriction than is impo-
sed or required by other provisions of law or by other
rules or regulations or ordinances,the provisions of this
Ordinance shall control.
§30 1.3.Definitions.For the purpose
Ordinance,certain terms or words used herein
interpreted as follows:
of this
shall be 1
The word "person"includes
ganization,partnership,trust,
as well as an individual.
a firm,
company,
association,or-
or corporation,
The
singular
includes
present tense
number includes
the singular.
includes the future tense,the
the plural,and the plural number
The word "shall"is mandatory,the word "may"is
permissive.
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 BUILDING.Any structure designed and used,
or intended to be used,for one of the "Accessory Uses".
listed in each of the zoned districts asset out in this
QrdinanDe.
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ALLEY.A publ ic way,'other than a street "twenty
(20)feet or less in width,affording secondary means of
access to abutting property.
APARTMENT.A room.or suite of rooms in a multiple
dwelling intended or designated for use as a residence by
a single fami Ly •
BASEMENT.That portion of a building having part but
not more than one-half (1/2)its height below grade.A
basement shall be counted as a story if the vertical dis-
tance from.the average adjoining grade to its ceiling is
over five (5)feet.
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BILLBOARD."Billboard"as used'in .this Ordinance
shall include all structures,regardless of the material
used in the construction of the same,that are erected,
maintained or used for public display of posters,painted
signs,wall signs,whether the structures or other pictor-
ial reading matter which advertise a business or attrac-
tion which is not carried on or manufactured in or upon
the premises upon which said signs or billboards are
located.
BOARD.
Waukee.
The Board of Adjustment of the City of
BOARDINGHOUSE.A building (other than a hotel)
where for compensation,meals and/or lodging are provided
for four (4)or more persons.
BUILDING.Any structure designed or intended for the
support,enclosure,shelter,or protection of persons,
animals,or property,but not including signs or bill-
boards.
BUILDING,HEIGHTOF.The vertical distance from the
average natural 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 mean height level between eaves
and ridge for gable,hip,and gambrel roofs.On a corner
lot,the height is the mean vertical distance from the
average natural grade at th building line,from the higher
of the two (2)grades.
BULKSTATIONS.Distributing stations,commonly known
as bulk -or tank sta.t:ions,used for the storage and distri-
bution.of .flammable ..Li qu i ds ior.liqUefies petrp;t£!um"p.rD-
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ducts,where the aggregate capacity of all storage tanks
is more than twelve thousand (12,000)gallons.
)
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 pur-
pose of height meaurement.
COMMISSION.
Commission.
The City's Planning and Zoning
DISTRICT.A section .or sections of the City of
Waukee wi thin which the regulations governing the use of
buildings and premises or the height and area of buildings
and premises are uniform.
DWELLING.Any building,or portion thereof,which is
designed or used exclusively for residential purposes,but
not including a tent,cabin,trailer,or trailer coach.
)
DWELLING CONDOMINIUM.A multiple dwelling as defined
whereby the fee title to each dwelling unit is held inde-
pendently of the others;regulated by Chapter 499B,Code
of Iowa,as amended.I
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 "town House".Each unit having its own utilities;
DWELLING,SINGLE-FAMILY.A building designed for or
occupied exclusively for residence purposes by one family.
DWELLING,TWO-FAMILY.(Duplex).A building designed
for or occupied exclusively by "two families with separate
housekeeping and coo~~ng faci~ities for each.
DWELLING,MULTIPLE.
designed for or occupied
separate housekeeping and
condominium dwelling.
A building or portion thereof
by more than two families with
cooking facilities,not a row or
FAMILY.One or more persons occupying a single
housekeeping unit and using common cooking facilities.
FENCES,WALLS,AND HEDGES".Decorative and/or enclos-
ing d~vices used along boundary lines of lots.Fences,
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walls,and
accordance
ordinance.
hedges may be constructed up to the lot line in
with the height rules set out in this
FRONTAGE.All the property on one side of a street
between two intersecting streets (crossing 'or termnating)
measured along the line of the street,or if the street is
dead-ended,then all of the property abutting on one side
between an intersect in street and the dead-end of the
street.
GARAGE,PRIVATE.An accessory building,or an acces-
sory portion of the principal building,designed and/or
used for the shelter or storage of vehicles owned or oper-
ated by the occupant of the principal buildings,except
that a one or two car·capacity'g araq e may be rented'for
the private vehicles of persons not residents of the
premises.
GARAGE,PUBLIC -AUTOMOBILE.Any building or premis-
es (other than a private garage)used for equipping,re-
fueling,servicing,repairing,hiring,selling or storing
automobiles,excluding body and fender repair shops.
GARAGE,PUBLIC -TRUCKS.Any build ing or premises,
(other than a private garage)used for equipping,refuel-
ing,servicing,repairing,hiring,selling or storing
trucks.
GARAGE,PUBLIC -FARM TRACTORS,AND OTHER MOBILE MA-
CHINERY.Any building or premises,(other than a private
garage)used for equipping,refueling,servicing,repair-
ing,hiring,selling or storing farm tractors,and other
mobile machinery.
GRADE.The average elevation of the finished ground
at the exterior walls of the main building.
HOTEL.A building 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 lodging house.
JUNK YARD.Any area where waste,discarded or
salvaged materials are bought,sold,exchanged.,bailed or
packed,disassembled or handled,including house wrecking
y arde ,used-lumber yards and places or yards for storage
of salvaged house wrecking and structural steel materials
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and equipment;but not including areas where such uses
are conducted entirely within a completely enclosed build-
ing,and not including automobile,tractor,or ma-
chinery wrecking and used parts yards,and the processing
of used,discarded or salvaged materials as part of manu-
facturing operations.
LIVING SPACE.That part of the building which is
enclosed and supported upon the main foundation system of
the structure excluding garages,basements and cellars.
LODGING HOUSE.A build ing where lodg ing,only,is
provided for compensat ion for four (4)or more persons.
LOT.For zoning purposes,as covered by this ord i-
nance,a lot is a parcel of land at least sufficient size
to meet minium 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 a
dedicated or 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,or com-
plete lots of record and portions of lots of re-
cord,or of portions of lots of record;
D.A parcel of land described by metes and bounds;
provided that in no case of division or comb Ina-
tion shall any residual lot or parcel be created
which does not meet the requirements of this
Ordinance.
LOT MEASUREMENT.
A.Depth -the mean horizontal distance between the
front and reallot lines.-
B.width -the width of a lot shall be considered to
be the distance between straight lines connecting
front and rear lot lines at each side of the lot,
measured across the rear of the required front
yard.
LOT OF RECORD.A lot whi ch is part of a subd ivis ion,
the deed of which is recorded in the office of the County
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Recorder of Dallas
metes and bounds,
recorded.
County,or a lot or parcel described by
the description of which has been so
LOT TYPES.Plate 1 illustrates terminology used in
this ordinance with referenc~to Ileornerl!lots,"inter~or"
lots,"reversed frontage"lots,and "through"lots.
Plate 1
LOT
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c.oRNE.R LOi
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i RE.\Ii:.RS EO
fRO ruT A(,E.
LOT5
OoUBL<.
F 'Ro >->T A c:;.;I:.
I
i,E.XAMPLE.~.I,
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In Plate 1:
,)
"Corner"Lot:~lot located at the intersection of two or
more streets.
"Interior"Lot:~lot other than a corner'lot with only
one frontage on a street other than an alley.
"Through"Lot:~lot other than a corner lot with front-
age on more than one street other than an alley.Through
lots with frontage on two streets may be referred to as
"double frontage"lots.
"Reversed frontage"lot:A corner lot,the side street of
which is substantially a _continuation of the front lot
line of the first lot to its rear.
MOBILE HOME.Any structure used for dwelling and
sleeping purposes,having no foundation other than wheels,
blocks,skids,jacks,horses,or skirtings,and which is,
has been,or reasonably may be,equipped with wheels'or
other devices for transporting the structure from place to
place,whether by motive power or other means.The term
"mobile home"shall include camp car and house car.
MOBILE HOMEPARK.Any developed area upon
trailers or mobile homes,occupied for dwelling or
ing purposes,are located.'
which
sleep-
MOTELMOTORLODGE.A building or group of attached
or detached buildings containing individual sleeping or
Li.vinqvunLt s for overnight auto tourists,with garage
attached or parking facilities conveniently located to
each such'unit.
NON-CONFORMINGUSE.Use of a build ing or of land
t.hat vdoes not conform to -the regulations as to use for the
district in which it is situated.
NURSINGOR CONVALESCENTHOME.Abuilding orstruc-
ture havingaccoffiffipdations andiwhez e care is provided for
invalid,infirm/ag~dt"convalescent,or physically disabled
persons,not 'inclucfi'ngirisane and other'mental cases~in:"
ebriate,or contagious cases.
PARKINGSPACE.,A permanently surfaced area of not
less than two hundred fiftyJ2,50)square feet eith,erwith-
in a structure or in the'open,exclusive of-,'driveway or
access drives,for the parking of a motor vehicle.
)
PRINCIPAL BUILDING.Any structure designed and used,
or intended to be used,for one of the "Principal Pe rrni t-
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ted Uses"listed in each of the zoned district as set out
in this Ordinance.
PRINCIPAL PERMITTED USES.The uses designated under
this title are to be considered as guide lines.The ad-
ministrating officer shall use his discretion in determin-
ing proper applications of use within these guidelines.
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 f'oot;in area
and bearing only property numbers,post box num-
bers,names of occupants of premises,or other
identification of premises not having commercial
connotations.
B.Flags and
displayed
tion.
insignias of any government except when
in connection with commercial promo-
C.Legal notices;identification,information,or
directional signs erected or required by govern-
mental bodies.
D.Integral decorative or architecturCil"features of
buildings,except letters,trade,marks",moving
parts,or moving lights.
E.Signs directing and guiding traffic,and parking
on private property,but bearing no advertising
mat.t.e r ,
SIGN,FREE STANDI))lG.A sign which is supported by
one or moreuprigptsor.,braces in or upon the ground "and'
not attached to ariybt1i':LClingor wall.
A.Sign,Por t ab l.e;A free standing
permanently anchored or secured.
notsign
B.,Sign,,/16nument;!"\i:,"l\.free stan9JI1,~.sigl1,af~ixed,'to
a structure,bt1flt on grade,'that,','forms em inte-
gral part of tli.~isignOr its qa:j:;,kgroundCiridisin
conformance with the zoning requirements of the
district in which it is 10cated.
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C.Sign,Pole.A free standing sign other than a
portable sign or monument sign.
SIGNS,NUMBERAND SURFACEAREA.For the purpose of
determining number of signs,a sign shall be'considered to
be a single display surface or display device containing
elements organized,related,and composed to form a unit.
The surface area of a sign shall be computed as in-
cluding the entire area within a regular geometric form or
combinations of regular geometric form or combinations of
regular geometric forms,conprising all of the display
area of the sign and including all the elements of the
matter displayed.Frames and structural members not bear-
ing advertising matter shall not be included in computa-
tion of the surface area.
SIGN,ON-SITE.A sign relating in its subject matter
to the premises on which it is located,or to products,
accommodations,services,or activities on the premises.
On-site signs do not include signs erected by the outdoor
advertising industry in the conduct of the outdoor adver-
tising business.
SIGN,OFF-SITE.A sign other than an on-site sign.
(See also:Billboard.)
STORY.That portion of a building included between
.the surfaceotany floor and the surface of the f Loor.next
above itvorifthere be no floor above it,then the)lpace
between the'floor and the ceiling or roof next abovecit.
STORY,HALF.A space under a sloping roof which has
the line of .intersection of roof decking and wall f ace not
more than four (4)feet above ..thetop floor leveL <A
haTf:-story containing independent apartments orl(iying
quarters 'shallbe .counted·asra full story.'.
STREET.
ffords the
property.·
A public
principal
or .pri vate thorough fare
means of access to
'which·a-'
abutting
STREET LINE.A dividing line between a lot,tract,
or parcel of land and acont:iguous street.
STRUCTURALALTERATIONS.Any replacement or changes
in the type of construction or in the supporting member of
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a building,such
columns,beams or
maintenance.
as load bearing
girders,beyond
partitions,
repairs and
walls or
ordinary
STRUCTURE.Anything constructed or erected or erectd
with a fixed location on the ground,or attached to some-
thing having a fixed location-on the ground.Among other
things,structures include buildings,walls,fences,bill-
boards,and poster panels.
TOURIST HOME.A residential building in which rooms
are available for rental purposes as over-night sleeping
accommodations primarily for automobile travelers.
YARD.-An -open space on the same-lot with·a building,
unoccupied and unobstructed by any portion of a structure
or parking lot from the ground upward,excepting as other-
wise provided herein.In measuring a yard for the purpose
of determining the depth of a front yard or the depth of a
rear yard,or width of a side yard,the least distance be-
tween the lot line and the main 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 permiss-
ible building area as necessary to eliminate any eaves or
overhangs from extending more than 24".Fences and wall
are permitted in any yard,subject to height limitations
as indicated herein.
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.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 unen-
closed 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 or overhang limitations.
YARD,SIDE.A yard extending from the front yard to
the rear yaPd and measured between the side lot lines and
th-e;-build inq .See "Yard"for eave or overhang limi ta-
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tions.
§301.4.Establishment of Districts:Provisions for
Official Zoning Map.For the purpose of this Ordinance,
the following eleven 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
R-1 Single Family Residential District
R-2 One and Two Family Residential District
R-3 Multi-family Residential District
R-4 Row Dwelling and Condominium Dwelling District
R-5 Planned Unit Development
R-6 Mobile Home Residential District
C-1 Community Commercial District
C-2 Central Business District
C-3 Planned Commercial District
M-1 Light Industrial District
M-2 Heavy Industrial District
)The Official Zoning Map is identified by the signa-
ture of the Mayor,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 adopted on the
May 4,1981."If,in accordance with the provisions of
this Ordinance and Chapter 414,Code of Iowa,as amended,
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,sha 11 be the fina I authority as 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 be-
cause of use,the City Council may bear resolution adopt a
new Official Zoning Map which shall supersede the prior
Official Zoning Map.The new Official Zoning Map may cor-
rect drafting or other errors or omissions in the prior
Official Zoning Map,but no such correction shall have the
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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."
§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 fo l.Lowi nq
the center lines of streets,highways,or alleys
shall be construed to follow such centerlines.
B.Boundaries indicated as
platted lines shall be
such lot lines.
approximately
construed as
following
following
C .Boundaries indicated
city limits shall be
limits.
as approximately following
construed as following city
D.Boundaries indicates as following railroad lines
shall be construed to be midway between the main
tracks.
E.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 center lines of streams,rivers,
canals,lakes,or other bodies of water shall be
construed to follow such center lines.
F.Boundaries indicated as parallel to or extensions
of features indicated in subsections a through e
above shall be so construed.Distances not
specifically indicated on the Official Zoning Map
shall be determined by the scale of the map.
G.Where physical or cultural features existing on
the ground are at variance with those shown on
the Official zoning Map,or in other circum-
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stances not covered by subsections a
above,the Board of Adjustment shall
the district boundaries.
through e
interpret
§301.6.Application of District Re~ulations.The
regulations set by this Ordinance within each district
shall be minimum regulations ~nd shall apply uniformly to
each class of kind or structure or land,and particularly,
except as hereinafter provided.
A.No bui ld ing,structure,or land shall hereafter
be used or occupied,and no building or structure
or part thereof shall hereafter be erected,con-
structed,reconstructed,or structurally altered
unless in conformity with all of the regulations
herein specified for the district in which it is
located.
A.No bu i Ld i.nq or other structure shall herafter 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 yar d ,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 inclu-
ded 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 sh~ll be reduced in dimension or
area below the minimum requirements set forth
herein.Yards or lots created after the effec-
tive date of this Ord-inance shall meet at least
the minimum requirements established by this
Ordinance.
,-))
-14-
)
§301.7.Non-Conforming Lots,Non-Conforming Uses of
Land,and Non-Conforming Uses of Structures and Premises.
Intent.within the districts established by this Ordin-
ance or amendments that may later be ado p t ed,there exists
lots,structures,and uses of land and structures which
were lawful before this ordinance was passed or amended,
but which would be prohibited,regulated,or restricted
under the terms of this Ordinance or future amendment.
It is the intent of this Ordinance to permit these
nonconformities to continue until they are removed,but
not to encourage their survival.It is further the intent
of this Ordinance that non-conformities shall not be ~n-
larged upon,expanded or extended,nor be used as ground
for adding other structures or uses prohibited elsewhere
in the same district.
To avoid undue hardship,nothing in this Ordinance
shall be deemed to require a change in the plans,con-
struction,or designated use of any building on which
actual construction was lawfully begun prior to the effec-
tive date of adoption or amendment of this Ordinance and
upon which actual building construction has been diligent-
ly carried on.Actual construction is hereby defined to
include the placing of construction materials in permanent
posi tion and fastened in a permanent manner;except that
where demolition or removal of an existing building has
been substantially begun preparatory to rebuilding,such
demol ition or removal shall be deemed to be actual con-
struction,provided that such work shall be diligently
carried on until completion of the building involved.
Non-Conforming Lots of Records.In any district
in which single-family dwe Ll,ings are permitted,notwi th-
standing limitations imposed by other provisions of this
Ordinance,lawful use of land exists that is mJde no long-
er permissible under the terms of this Ordinance as enac-
ted or amended,such use may be continued,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
-15-
-------_.---
)
)
or parcel occupied by such use at the effective
dat~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 con-
form to the regulations specified by this Ordin-
ance for the district in which such land is loca-
ted.
Non-Conforming Use of Structures.I f a lawful use
of a structure,or of structure and premises in combina-
tion,exists at the effective date of adoption or amend-
ment of this Ordinance,that would not be allowed in the
district under the terms of this Ordinance,the lawful use
may be continued,subject to the following provisions.
A.No existing structure devoted to a use not per-
mitted by this Ordinance in the district in which
it is located shall be enlarged,extended,con-
structed,reconstructed,or structurally altered
except in changing the use of the structure to a
use permitted in the district in which it is lo-
cated.
B.I Any non-conforming use may be extended throughout
.any of the parts of a building which were mani-
festly arranged or designed for such use at the
time of adoption or amendment of this Ordinance,
but no such -use shall be extended to occupy any
land outside such building.
C.If no structural alterations are made,any non-
conforming use of a structure,or structure and
premises,may be changed to another non-
conforming use of the same or a more restricted
classi fication.
D.When a non-conforming use of a structure,or
structure and premises in combination,is discon-
tinued or-abandoned for two (2)years,the struc-
ture,or structure and premises in combination,
shall not thereafter be used except in confor-
mance with the regulations of the district in
which it is located.
Repairs and Maintenance.On any building devoted
in whole or in part to any non-conforming use,work may be
-16-
)
done on ordinary repairs,or on repair or replacement of
non-bearing walls,fixtures,wiring or plumbing,provided
that the cubic content of the building as it existed at
the time of passage or amendment of this Ordinance shall
not be increased.
Nothing in this Ordinance shall be deemed to prevent
the strengthening or 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.
Uses Under "Exceptions to Prohibited Uses·Non-
Conforming Uses.Any use for which a special exception
is permitted as provided in Section 301.21 of thisOrdi-
nance shall not be deemed a nonconforming use,but shall,
without further action,be deemed a conforming use in such
district.
A.No existing structure devoted to a use not per-
mitted by this Ordinance in the district in which
it is located shall be enlarged,extended,con-
structed,reconstructed,or structurally altered
except in changing the use of the structure to a
use permitted in the district in which it is lo-
cated.
B.Any non-conforming use may be extended throughout
any of the parts of a building which were mani-
festly arranged or designed for such use at the
time of adoption or amendment of this Ordinance,
but no such use shall be extended to occupy any
land outside such building.
C.I f no structural alterations are made,any non-
conforming use of a structure,or structure and
premises,may be changed to another non-
conforming use of the same or a more restricted
classification.
D.When a non-don forming use of a structure,or
structure and premises in combination,is discon-
tinued or abandoned for two (2)years,the struc-
ture,or structure and premises in combina-tion,.
shall not thereafter be used except in confor-
mance with the regulations of the district in
which it is located.
-17-
)
)
)
--------------------
Repairs and Maintenance.On any building devoted
in whole or in part to any non-conforming use,work may be
done on ordinary repairs,or on repair or replacement of
non-bearing walls,fixtures,wiring or plumbing,provided
that the cubic content of the building as it existed at
the time of passage or amendment of this Ordinance shall
not be increased.
Nothing in this Ordinance shall be deemed to prevent
the strengthening or 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.
Uses Under "Exceptions to Prohibited Uses"Non-
Conforming Uses.Any use for which a special exception
is permitted as provided in Section 301.21 of this of this
Ordinance shall not be deemed a nonconforming use,but
shall,without further action,be deemed a conforming use
in such district.
Registration of Non-Conforming Uses.See Section
301.23D.
§301.8.General Regulations.
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 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.
Fences,Walls and Hedges.Notwithstanding other
provisions of this Ordinance,fences,walls,and hedges
may be permitted in any required yard,or along the .edqe
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.
Street Frontage Required.No lot shall contain
any building used in whole or in part for residence pur-
poses unless such lot abuts for at least forty (40)feet
on at least one street,and there shall not be more than
-18-
-----\
r I
one (1)single-family dwelling for such frontage.The
City Council may also allow,at its own discretion,the
construction of a building to be used in whole or in part
for residence purposes on a lot which has an exclusive un-
obstructed private easement of access at least twenty (20)
feet wide to a street,for one (1)single family dwelling,
if the Council determines that such construction is not in
conflict with the intent of this Ordinance.
Accessory Buildings.No accessory building shall
be erected in any yard other than a rear yard,except as
pro v ided hereinafter.Accessory buildings shall be dis-
tant at least two (2)feet from alley 1ines or easement
lines,and two (2)feet from lot lines of adjoining lots
which are in any "R""district,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 ex-
tend closer than twelve (12)inches to a rear or side yard
lines,or an easement line.Accessory buildings must be
erected separately from and ten (10)feet distant (into
the rear yard)from the principal building,and may not be
connected by a breeze-way or similar structure.If any
unenclosed balcony or unenclosed porch including any deck
shall be constructed within ten (10)feet from any acces-
sory building the adjacent wall of said accessory build
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)
per cent of the rear yard 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 principal building has been
actually "commenced,and no accessory building shall be
used unless the principal building on the lot is also
being used.
Corner Lots -Side Yards.For corner lots platted
after the effective date of this Ordinance,the street
side yard shall be equal in width to the set-back regula-
tion o~the lots to the rear having frontage on the inter-
-19-
.._-----_.----------_._~~~
)
secting street.
Building Lines on Approved Plats.Whenever the
plat of a land subdivision approved by,the Planning
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.nA-1"Agricultural District.The "A-1"
District is intended to retain land suited for eventual
development for urban uses in a product ive agricultural
use until the community can feasibly extend its urban
services and thus grow in an orderly manner.
Principal Permitted Uses.Only
structures or land listed in this
be permitted in the "A-1"District.
the uses of
Section shall
A.
)(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,cathedrals,temples and
similar places of worship.
(4)Public and parochial schools,elemen-
tary and secondary,and other educa-
tional institution having established,
current curriculum the same as ordin-
arily given in the Waukee public
school system,but excluding boarding
schools,nursery schools,and child
care centers;provided that allprin-
cipal buildings be set back a minimum
of thirty-five (35)fe-et from all pro-
perty lines.
)
(5)Publicly-owned parks,playgrounds,
golf courses and recreation areas.
-20-
----.--~
\
il
J
""------
(6 )Private noncommercial recreation areas
and centers including country clubs,
swimming pools,golf courses and
riding stables.
(7 )
(8 )
(9 )
Cemeteries,including mausoleums.
Nurseries,greenhouses,truck gardens.
Public water supply and sewage treat-
ment facility.
(1 0 )liquified
regulating
product
facili-
Electrical
transmission
ties.
and
and
B.Permitted Accessory Uses.
(1)Uses of land and or structures custom-
arily incidental and subordinate to
one of the principal uses,unless
otherwise excluded.
(2)Temporary buildings for uses inciden-
tal to construction work,which build-
ings shall be removed upon the comple-
tion or abandonment of the construc-
tion work.
(3)Signs,on site.See Section 301.23.
C.Bulk Regulations.The following minimum re-
quirements shall be observed,subject to the
modifications contained in Section 301.21.
(1)Lot Area:Dwelling:1 acre,no min-
imum required for other
permitted uses.
(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.
(3)Lot Width:150 feet.
-21-
)
(4)Front Yard:75 feet.
(5)Side Yards:Dwellings:Total side
yard -30 feet;minimum on
one side -1b feet;corner
lot adjacent to street -
75 feet.Other permi t ted
uses 50 feet on each side;
unless otherwise indicated
herein.
(6)Rear Yard:50 feet.
(7)Maximum Height:Principal Building -40 ft
Accessory Building 14 ft.
(8)Maximum Number
of Stories:
Principal Building 3 stor-
ies.Accessory Building -
1 story.
)
§301.10."R-1"Single Family Residential District.
The "R-1"District is established to provide for single-
family residential uses and areas where similar residen-
tial development seems likely to occur.)
A.Principal Permitted Uses.Only
structures of land listed in this
be permitted in the "R-1"District.
the uses of
Section shall
(1)Single-family dwelling.
(2)Churches,cathedrals,temples,and
similar places of worship;provided
that all principal buildings be set
back a minimum of thirty-five (35)
feet from all property lines.
)
(3)Public and parochial schools,elemen-
tary and secondary,and other educa-
tional institutions having established
current curricul~m the same as ordin-
arly given in the Waukee public school
system,but excluding boarding
schools,nursery schools,and child
care centers;provided that all prin-
cipal buildings be set back a mi~imum
of thirty-five (35)feet from all pro-
perty lines.Museums,libraries,
-22-
,
)
parks and playgrounds,community 'cen-
ter,and similar uses operated by the
City of Waukee.
(4)Golf courses,country clubs,tennis
courts and simil~r recreational uses,
provided that any such use not be
operated primarily for commercial
gain.
B.Permitted Accessory Uses.
(1)Private plat nurseries and green
houses not to exceed two hundred and
forty (240)square feet and not invol-
ving retail or wholesale sales.
(2)Private swimming pool s when enclosed
with a non-climbable fence at least
forty-two inches (42)in height.
(3)Private garage or carport.
(4)Uses of land or structures customarily
incidental t o and subordinate to one
of the permitted uses,unless other-
wise excluded.
(5)Signs,on-site.See Section 301.23.
C.Bulk Regulations.The following minimum re-
quirements shall be observed,subject to the mod-
ifications contained in Section 301.21.
(1)Lot Area:10,000 square feet for
each dwelling plus its
accessory building.
Where public sewer .facil,..
ities are not available,
not less than twenty
thousand (20,000)square
feet.
(2)Minimum Floor 1,050 square feet for
dwell ing ;if build ing is
two or more stories,
first floor shall be a
minimum of 800 square
feet.
-23-
),.---'
(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 through fare 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 prin-
cipal building.
(6)Rear Yards:Dwelling -30 feet.Any
other principal building
40 feet.)
(7)Maximum Height:Principal Building 40
feet.Accessory Building
14 feet.
(8)Maximum Number
of Stories:
3
Buil-
Principal Building
stories.Accessory
ding -1 story.
D.Off-Street Parking and Loading.See section
301.22.
§301.11."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 uses 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.
)~__.1
-24-
)
(3)Alterations and conversions of single-
family dwellings into two-family
dwell ings in accordance wi th the lot
area,frontage and yard requirements
set forth in theis Section.
(4)Nursing,convalescent,and·retirement
homes.
(5)Child care
schools.
centers and nursery
B.Permitted Accessory Uses.
(1)Accessory uses as permitted in the
"R-1"District.
(2)Customary home occupation such as
handicraft,dressmaking,millinery,
laundering,preserving and home
cooking,provided that such occupa-
tions shall be conducted solely by
resident occupants in their bona fide
and primary place of residence provid-
ed that not more than one-quarter
(1/4)of the area of one (1)floor
shall be used for such purpose,pro-
vided further,that such occupation
shall not require external or internal
alterations.
(3)Beauty parlor and barber shop when
conducted as a home occupation solely
by resident occupants in their bona
fide and primary place -of residence
provided that not more than one-
quarter (1/4)of the .area of one (1)
floor shall be used for such purpose •
.(4)Signs,on site.See Section 301.23.
C.Bulk Regulations.
quirements shall be
fications contained
The following minimum re-
observed sUbject to the modi-
in Section 301.21.
(1)Lot Area:7,800 square feet for
each single-family dwell-
-25-
)
(2)Minimum Floor
)(3)Lot width:
(4)Front Yard:
(5)Side Yards:
(6)Rear Yard:
(7)Maximum Height:
-26-
ing;10,000 square feet
for each two-family
dwelling.Where public
sewer failities are not
available,not less than
20,000 square feet for
each single-family dwell-
ing,40,000 square feet
for each two-family
dwelling.
'-I
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.
Single-family dwelling -
65 feet.Two-family
dwelling 80 feet.
Where public sewer is not
available -100 feet.
30 feet;when fronting on
the right-of~wayof a ma-
jor thoroughfare shown on
the Official Major Street
Plan,the front yard shall
be measured from the pro-
posedright~of-way line.
A total of 15 feet;one
side may be reduced to
not less than 7 feet;15
feet for any other prin-
cipal building.
Dwelling -30 feet.Any
other principal building
-40 feet.
Principal Building 40 ft.
Accessory Building 14 ft.
(~
,
(8 )Maximum Number
of Stories:
principal Building
stories.Accessory
ding -1 story.
3
Buil-
D.Off-Street Parking and Loading;
301.22.
See Section
§301.l2."R-3"Multi-Family Residential District.
The "R-3"District is established to provide for multiple
family residential uses other than row dwellings and
condominium dwellings.
A.principal Permitted Uses.Only
structures or land listed in this
be permitted in the "R-3"District.
the uses of
Section shall
(1)Multiple dwellings exclusive of row
dwellings and condominium dwellings,
consisting of not more than twenty-four
(24)dwelling units in one building.
(2)Boarding and Rooming Houses.
(3)Nursing,convalescent,and retirement
homes.
(4)Child care centers and nursery schools.
B.Permitted Accessory Uses.
(1)Storage garages,where the lot is occu-
pied by multiple dwellings.
(2)Signs,on site.See Section 301.23.
C.Bulk Regulations.The following minimum re-
quirements shall be observed sUbject to the
modifications contained in Section 301.21.
(1)Lot Area:10,000 square feet.
(2)Lot Area Per'
Dwell ing Unit:
2,500
unit.
square feet per
-27-
December 29,1981
I
)
)
)
(3)Minimum Floor
area:
(4 )Lot Width:
(5)Front Yard:
(6)Side Yards:
(7)Rear Yards:
(8)Maximum Height:
(9)Maximum Number
of Stories:
(10)More than one
dwelling unit
on a lot:
750 square
unit.
feet per
75 feet.
sewer not
feet.
Where public
'available -100
30 feet;when fronting on
the right-of-way of a ma-
jor 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 prin-
cipal building.
Dwell ing -30 feet.Any
other principal building
-40 feet.
Principal Building 40 ft;
Accessory Building 14 ft.
principal
stories.
building -
Building 3
Accessory
1 story.
Where more than one prin-
cipal building is con-
structed on a lot such
principal build ings 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.Off-Street parking and Loading.See section
301.22.
-28-
December 29,1981
~)
§302.13.
ing District.
vide for row
areas.
"R-4"Row Dwelling and Condominium Dwell-
The "R-4"Dis tri ct is es tabl ished to pro-
dwelling and condominium dwelling uses and
A.Principal Permitted Uses.Only the uses
structures or land listed in this section
be permitted in the "R-4"District.
of
shall
(1)Row dwellings consisting of not more
than six (6)dwelling units in one
building unit or attached structure.
(2)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.
(3)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
pied by row dwellings
dwellings.
the lot is occu-
or condominium
(2)Signs,on site.See Section 301.23.
C.Bulk Regulations.The following minimum re-
quirements shall be observed subject to the
modifications contained in Section 301.21.
(1)Lot Area:Row Dwellings -Lot area
15,000 square feet....,,_..
Condominium dwellings
Lot area 30,000 square
feet.
(2)Lot Area Per
Dwelling Unit:
Row Dwellings and condo-
minium dwell ings 2,500
square feet per unit.
(3)Minimum Floor
area:
Row Dwellings and Condo-
minium Dwellings 750
square feet per unit.
-29-
December 29,1981
)
)-
....'i
)
(4)Lot Wid th :Row Dwellings -20 feet.
Condominium dwellings and
other permitted uses -75
feet.Where public sewer
not available -100 feet.
r ·1
(5 )Front Yard:30 feet;when fronting on
the right-of-way of a ma-
jor thoroughfare shown on
the Official Major Street
Plan,the front yard
shall be rnea-suee d-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 prin-
cipal build ing.For the
purpose of deter~ining
side yard requirements in
row dwellings,the entire
row dwelling structure
shall be considered to be
one build ing.}
(7)Rear Yards:Same as in "R-2"District
(8)Maximum Height:Same as in "R-2"District
(9)Maximum number
of Stories:
Same as in "R-2"District
D.Off-Street parking and Loading.
301.22.
SectionSee
§301.14."R-S"Planned unit Development District.
The "R-S"District is intended and designed to provide a
means for the development of large tra·ctsof ground on a
unit basis,allowing greater flexibility and diversifica-
tion of -Land uses and building locations than the conven-
tional single lot method provided in other sections of
this ordinance.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 sOllnd zoning standards as
set forth in this ordinance and statutes concerning popu-
La t i on.density,adequate light and air,recreation and
open space,and building coverage be preserved.
-30-
December 29,1981
(--_..
--------.--
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 peti-
tion requesting a change to the "R-5"zoning dis-
trict classification.The petition shall be ac-
companied by a plan for the use and development
of the entire tract of land.The development
plan shall be referred to the Plan and zoning
Commission for study and report.The Plan
Commission shall review the conformity of the
proposed development with the standards of the
Comprehensive Plan,and with recognized princi-
ples of architectural design,land use planning
and landscape architecture.The Commission may
approve the plan,as subrnitted·or"before approv-e
aI,may require that the applicant modifY'.i'llter,
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
heal th,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 disap-
prove said plan as reported or may require such
changes thereto as it deems necessary to effectu-
ate the intent and purposes of this ordinance.
B.The final development plan shall be accompanied
by the following required documents:
(1 l If the proposed developmentinclud-
es common land which will not be
dedicated to the City,and the pro-
posed dvelopment will not.be held
in single ..ownershi p ,proposed by-
laws of ,a,homeowner's association
fUllydeffning the functions,res-
ponsibiliiiesand·operating proce-.,.'
dures of 'the"associationshalY-be
included.The proposed by-laws
shall include but not be limited to
provisions:(al automaticallY ex-
tending membership in theassocia-
t ion tOi'il1e_,,0,Wners 0.f,qW,el1i.119
units withihthe developmenti(bl
limi t i nq the ,uses of the COInmon
property tothos'e permitted by'the
final development;(c)granting to
-31-
-~
"----------
)
each owner of a dwelling unit with-
in the development the right to the
use and enjoyment of the common
property;(dl placing the re$pon-
sibility for operation and mainten-
ance of the common property in the
association;(el 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
associations and the rights renters
shall have to the use of the common
land.
)
(2)Performance bond which shall insure
to the city that the dediated pub-
1 ic streets,util ities,and other
common development facilities shall
be completed by the developer with-
in the time specified in the final
development plan.
(3)Covenant to run wi th the land,in
favor of the City and all persons
having a proprietary,interest in
any portion of the development pre-
mises,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 pre-
liminary plat approval.
)
(5)A final plat shall be submitted
with each state'of the final devel-
opment plan.The plat shall show
building lines,lots and/or blocks,
common land,streets,easements,
and other applicable items required
-32-
}
.">,,:..
)
by the subdivision ordinance.Fol-
lowing 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 compli-
ance with the "R-5"standards and substantial
compliance with the preliminary plan.The Com-
mission'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.
D.Permitted principal and accessory land uses,lot
area,yard and height requirements shall be as
set out below,which shall prevail over conflict-
ing requirements of this Section or the subdivi-
sion ordinance.
(1)Buildings shall be used only for
residential purposes;occupant gar-
ages;occupant storage and similar
accessory uses;noncommercial re-
creational facilities;and communi-
ty activities including churches
and schools.
(2)The minimum lot and yard require-
ments of the zoning districts in
which the development is located
shall not apply,except that mini-
mum,yards specified.in the district
shall be provided around the boun-
daries of the.development.The
Council may require openiepace of
screenings be located along all or
a portion of the development boun-
daries.The height requirements of
the zoning district in.which .the
development .i s located shal1ap?ly·
within 125 feet of the development
boundry.
(3)All public streets,
sanitary sewer and
water mains,
storm sewer
-33-
)
facilities shall comply
priate ordinances and
tions of the City.
with appro-
specifica-
(4)"Common land"as used in this sec-
tion refers to land retained in
private ownership for the use of
the residents 0 E the developmen t ,
or to land dedicated to the general
public.
(5)Any land gained within the develop-
ment because of the reduction in
lot sizes,below minimum zoning
ordinance requirements,shall be
placed in common land to be dedica-
ted to the City or retained in pri-
vate 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.J
(7)The final development plan shall
comply with the density require-
ment.
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 per cent.(In the R-2 dis-
trict,the one-family dwelling requirement shall
apply.)Net development area shall be determined
by subtracting the area set aside actually pro-
posed 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 per-
mitted.
)
If the development area contains two (2)or more
different zoning classifications,the number of
dwelling uni ts permi t ted shall be determined in
the direct proportion to the area of each zoning
-34-
)
classification contained in the entire tract.
F.The Council may make the approval of the develop-
ment plan contingent upon the completion of con-
struction and improvements within a reasonable
per iod of time;prov ided,however,that in the
determination of such period,the Council shall
consider the scope and magnitude of the develop-
ment 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 suffi-
cient cause for the Council to rezone the unim-
proved property to the classification effective
at the time of original submission of the devel-
opment plan,unless an extension as recommended
by the Commission and approved by the Council for
due cause shown.Any proposed change in the de-
velopment 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 'im-
provements be commenced in the second or subse-
quent stages of the final development plan until
such time as ninety per cent (90%)of all con-
struction and improvements have been completed in
any prior stage of such plan.
§301.15."R-G"Mobile Home Residential District.
The "R-G"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·w1th
surrounding residential areas.
A.Principal Permitted Uses.
(1 )Mobile Home.Parks,in accordance
with re9ul.;it{ons·of the State of
Iowa and minimum requirements con-
tained herein,but not including
mobile home sales and display
areas.No part of any park shall
!l
-35-
)
--~-.._-~_._--~---------~----
)
be used for non-residential pur-
poses except such uses that are re-
quired 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 incl ude common
facility service buildings which
provide laundry facilities,access-
ory supplies,vending machines,
etc.;also park management build-
ings,maintenance buildings,commu-
nity buildings,and other uses of a
similar nature.All such buildings
shall be located within the central
"park"area,and shall be restric-
ted to the use of the park occu-
pants.
(2)One permanent identification sign
shall be permitted at any entrance
to a Mobile Horne Park.Such sign
shall be of ornamental metal,
stone,masonry,or other permanent
material and shall indicate only
the name of such Mobile Horne Park.
Such sign shall not exceed twenty
(20)square feet in surface area.
C.Height Regulations.
(1 )No mobile horne or
ing shall exceed
in height.
accessory build-
twenty (20)feet
D.Plan Submittal.Each petition for a change to
the "R-6"zoning classification shall be iaccom-
panied by a mobile home park plan.Said plan
shall show each mobile horne space,the water,
electrical and sewer lines servicing each mobile
home space,the location of garbage receptacles,
-36-
'1
)
~---~---~------
water hydrants,service buildings,driveways,
walkways,recreation areas,required yards,exis-
ting and proposed grading,parking facilities,
lighting,landscaping,and the location of exis-
ting trees,buildings,or other significant fea-
tures.The required ..plan shal be considered by
the Commission and Council,who may approve or
disapprove said plan or require such changes
thereto,as are deemed necessary.
E.Lot Area,Lot Frontage and Yard Requirements.
(1)The minimum 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
requirement 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;how-
ever,interior park streets may be
located within the setback area.
(4)The individual mobile home lot
shall contain not less than four
thousand two hundred seventy-five
(4,275)square feet and shall
measure at least forty-five (45)by
ninety-five (95)feet.Each lot
shall have a front yard not less
than twenty (20)feet in depth mea-
sured from the edge of the surfaced
private street to ~he closest point
of the mobile home.Side and rear
yards shall be provided and main-
tained SQ--as'to provide a minimum
separation at the nearest point be-
tween mobile homes,and other
buildings and structures on adjoin-
ing lots,of at least twenty-five
-37-
)
(25)feet;however,side yards as
so described shall not be less than
five (5)feet,and rear yards as so
described shall not be less than
eight (8)feet,for any structure.
(5)A minimum of two hundred fifty
(250)square feet for each lot
shall be provided for one or more
recreational areas which shall be
easily accesssible to all park res-
idents.The required recreational
area shall be computed in addition
to the minimum lot area specified
herein.
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,mea-
sured back to back of curbs.All
interior streets shall be not less
than twenty-six (26)feet in width
measured back to back of curbs.
All streets shall be constructed in
accordance with appropriate ordin-
ances and specifications of the
City of Waukee.Two off-street
parking spaces shall be provided on
each lot.
G.Anchorage and Skirting.
(1)Tie-downs or anchors shall be pro-
vided on every mobile home stand.
Each tie-down or anchor must be
able to sustain a nu n i mum tensil
strength of twenty-eight hundred
(2,800)pounds.
)
(2)Skirting of a permanent-type mater-
ial and construction shall be in-
stalled wi thin ninety (90)days to
enclose the open space between the
bottom of a mobile home floor and
-38-
/
/
--------~~~~~--
the grade level of the mobile home
stand.The skirting shall be main-
tained in an attractive manner con-
sistent 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
space in accordance with the re-
quirements of the Iowa State De-
partment of Health.All mobile
home developments must be connected
to the municipal water system.All
electrical and telephone lines
shall be placed underground.
§301.16."C-1"Community Commercial District.
The "C-l"District is designed to provide space for the
general retail and professional office uses,and efficient
development of major retail shopping areas.The uses per-
mitted are intended to accomodate both the general retail
consumer and the needs and services of the automobile tra-
vel ing consumer.
A.Principal Permitted Uses.Only
structures or land listed in this
be permitted in the "C-l"District.
the uses of
section shall
(1)Hospitals,clinics,group medical
centers,or the office of a doctor,
dentist,osteopath,or similar pro-
fession.
(2)Business and professional offices
including the following:law,engi-
neering,real estate,insurance,
and similar uses.
(3)Funeral homes and mortuaries.
(4)Personal service businesses such as
beauty and barber shops,shoe re-
pair and similar uses.
"(5)Retail business or service estab-
-39-
lishments such as the followng:
(a)Animal hospital
(b)Antique ships
(c)Apparel shops
(d)Art shops
Ie)Baby and childrens stores
If)Bakeries or bakery outlets -
retail sales only
(g)Bicycle shops,sales and
repairs
(h)Book stores
Ii)Bowling alley
(j)Camera stores
(k)Clothes cleaning and laundry
pickup stations
(1)Clubs,lodges and churches
1m)Collection office of public
utility
In)Confectionery stores,including
ice cream or snack bars
(0)Dairy stores -retail only
(p)Delicatessens
(q)Dance studios
(r)Drug stores
(s)Dry goods stores
(t)Florist shops and greenhouses
(u)Furniture store
)
-40-
)
(v)Funeral homes
(w)Gas stations
(x)Gift shop
(y)Golf dr i v i nq range and minature
golf course
(z)Grocery stores including
supermarkets
(aa)Hardware stores
(bb)Hobby shops
(cc)Household appliances -sales
and repair
(dd)Jewelry stores and watch repair
shops
')(ee)Key shops
(ff)Launderettes,coin-operated
dry-cleaning establishments,
and dry-cleaning or pressing
establishments.
(gg)Meat market for storage and
retail sales only.
(hh)Leather goods store
(ii)Medical,dental,osteopathic
and clinics
(jj)Music stores
(kk)Music studios
(11)Paint and wallpaper stores
(mm)Photographic studios
(nn)Plumbing,heating and air
conditioning shops
)(00)Postal substations
-41-
December 29,1981
)(pp)Public buildings and utilities
including administrative and
sales offices,equipment stor-
age buildings,and enclosed
storage.
,-1
(qq)Professional offices
(rr)Printing shops
(ss)Radio and television sales and
repair shops
(tt)Real estate,insurance and
financial institutions
(uu)Restaurants,night clubs,
cafes,taverns
(vv)Shoe and hat repair shops
(ww)Sporting goods stores
(xx)Tailor and dressmaking shops
)(yy)Toy stores
(zz)Variety stores
(aaa)Wholesale display and sales
room
(bbb)New and used car sales and
service excluding body repair
and painting.
B.Permitted Accessory Uses.
(1)Storage of merchandise incidental
to the principal use,but not to
exceed 40 per cent (40%)of the
floor area utilized for such use.
(2)Signs,on site.See Section 301.23
c.Bulk Regulations.
quirements shall be
fications contained
The following minimum re-
observed subject to the modi-
in Section 301.21.
)-42-
December 29,1981
)
(1)Lot area:No minium
(2)Lot Width:No minimum
(3 )Fron t Yard:30 feet;when fronting on
the right-of-way of a ma-
jor 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 to
non-residential uses,
except where side yard is
adjacent to an "R"
District in which case
the yard shall be at
least 15 feet.
(5)Rear Yard:30 feet
)(6)Maximum Height:40 feet
(7)Maximum Number of
Stories:
3 stories
D.Off-Street Parking and Loading.
301.22
See Section
§301.17."C-2"Central Business District.The
"C-2"District is intended to accommodate the variety of
retail stores and related activities which occupy the
pr i me area within the Central Business District.No pro-
perty shall be zoned "C-2"Commercial unless it lies adja-
cent to property zoned "C-2"Commercial as a part of the
Central Business District.
A.Principal Permitted Uses.
(1)Any use permitted
District,provided
regulations of the
shall apply to such
in the "C-I"
that the bulk
"C-I"district
use.
B.Permitted Accessory Uses.
(1)Accessory uses permitted in the
"C-I"District,provided that the
bulk regulations of the "C-I"dis-
-43-
December 29,1981
)
trict shall apply to such use.
(2)Signs,on-site.See Section 301.23.
C.Bulk Regulations.The following
quirements shall be observed subject
fications in Section 301.21.
minimum re-
to the modi-
(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.
)
(6)Maximum Number
of Stories:
3 stories.
§301.18.'C-3"Planned Commercial Development Reg-
ulations Statement of Intent.The "C-3"district is in-
tended to provide for the development of shopping centers
and/or commercial off ice build ings.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 fa-
cilities 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 signif icant 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 shop-
ping center's design,its potential for success or failure
and its effect upon surrounding neighborhoods must be con-
sidered by the Council and Commission in order to reason-
ably 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
)
-44-
December 29,1981
schedule the City Council shall enact the necessary legis-
lation 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.
A.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 peti-
tion requesting a change to the C-3 zoning dis-
trict 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 by
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,incl ud ing access
streets where required,the loca-
tion and height of walls,existing
and proposed grades,the location
and type of landscaping and the lo-
cation,si ze and number of signs,
type or style of architecture,
building material,color or other
significant feature.
(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 pro-
posed shopping center on the adja-
cent streets.
(4)A statement of financial responsi-
bility to assure construction of
the shopping center,including
-45-
)
landscaping,in accordance with the
plan and the requirements of this
section.
)
The development plan shall be referred to the
Plan and Zoning Commission for study and report.
The Plan Commission shall review the conformity
of the proposed development with the standards of
the Comprehensive Plan.and with recognized prin-
ciples of civic design,land use planning,and
landscape architecture.The Commission may ap-
prove the plan as submitted or,before approvai,
may require that the applicant modify,alter,ad-
just,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 dis-
approve said plan as reported or may require such
changes thereto as it deems necessary to effectu-
ate the intent and purpose of this ordinance.
B.Standards.Uses permitted in the "C-3"dis-
trict shall include any use permitted in the
"C-1"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 excep-
tional situations.Buildings may be erected to
heights greater than those allowed in the "C-2"
district in accordance with the intent and pur-
pose of this section.
)
C.Completion.The Council may make the approval
of the shopping center/commercial office struc-
ture plan contingent upon the completion of con-
struction 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
-46-
)
be deemed sufficient cause for the Council,in
accordance with the provisions of Section 301.24,
to rezone the subject property to the classifica-
tion effective at the time of original submission
of the shopping center plan,unless an extension
is recommended by the Plan Commission and approv-
ed by the Council for due cause shown.Any pro-
posed change in the shopping center plan,after
approval by the Council,shall be resubmitted and
considered in the same manner as the original
proposal.
D.Off-Street Parking and Loading.
301.22.
See Section
E.Landscaping.A minimum of 15%of the area
shall be retained as landscaped open space to in-
clude such items as walks,trees,shrubs,foun-
tains or other ornamental features.
F.Signs,on-site.Signs will be permitted ac-
cording to the following restrictions:
(1)One monument sign on each street on
which a business abuts shall be
permi t ted.An exterior sign shall
pertain only to a use conducted
wi thin 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 build ing or any other struc-
ture.In no case shall any sign
project more than four (4)feet
above the roof line,or parapet
wall.
(2)One "pole sign"on each street on
which a business abuts;provided,
however,that said "pole 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
"pole sign"shall be used for ad-
vertising purposes.The term "pole
sign"as herein defined shall not
be deemed to include any sign ad-
vertising the trade name,mer chan-
-47-
----~~---~---~~~--~-
)
dise 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 premisses upon
which said sign is erected or
placed.Said "pole sign"shall not
extend over street right-of-way
lines nor otherwise obstruct or
impair the safety of pedestrians or
motorists.
)
(3)On premises roof signs shall be
permitted to a maximum of one hun-
dred fifty (150)square feet.The
back of said sign shall be effec-
tively 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 per-
taining to the business conducted
in any building,shall not exceed a
total area of two hundred (200)
square feet.
S 30.1.19.ItM-l n Light Industrial District.The
ItM_llt District is intended·and designed to provide for in-
creased flexibility in the ~ocation of certain manufactur-
ing and industrial uses while maintaining protection for
nearby residential districts.It allows selected indus':'
tries of a non-nuisance character to locate in areas with-
in reason<;lble proximity of residential uses.The "M-llt
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-l"District,provided,
-48~
(
however that all manufacturing,assembling,com-
pounding,processing,packaging or other compar-
able 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 301.22.No dwelling or
dwell ing uni t is permitted except those for em-
ployees 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 froin refuse and
debris.
)
(1)Assembly of small electrical appli-
ances,small industrial and elec-
tronic instruments and devices,ra-
dios,phonographs and television
sets,including the manufacture of
small accessory partss only,such
as coils,condensers,transformers,
crystal holders and similar pro-
ducts.
(2)Automotive and farm implement dis-
play,sales,service and repair.
(3)Commercial trade schools.
(4)Compounding and packaging of
pharmaceuticals,cosmetics,
fumes and toiletries.
drugs,
per-
(5)Laboratories,research,experimen-
tal and testing.
(6)Manufacturing,assembling,com-
pounding,processing,packaging,or
other comparable treatment of the
following:
(a)Bakery goods,candy and food
products.
(b)Cameras and other photographic
equipment.
-49-
(d)Electric and neon signs,out-
door advertising signs.
r-j)
(e)Musical instruments,
novelties,and rubber and
handstamps.
toys,
metal
(f)Pottery and other ceramic pro-
ducts using only previously pulver-
ized clay,and kilns fired only by
electricity or gas.
)
(g)Products from the following
previously prepared materials:
bone,canvas,cellophane,cloth,
rope,cord,twine,feathers,felt,
fiber,fur,glass,hair,horn,lea-
ther,paper,cardboard,plastics,
natural and synthetic rubber,pre-
cious or semi-precious metals or
stones,shells,textiles,tobacco,
wax,wood,yarns,light metal mesh,
pipe,rods,strips or wire.](h)Small precision instruments,
such as barometers,clocks,watches
and compasses.
(7)Office buildings.
(8)Printing,lithographing or
processing plants.
film
(9)Radio and television broadcasting
stations and studios,but not in-
cluding antennas or towers.
(10)Warehouses for storage of merchan-
dise or material in connection with
the uses permitted in this District
only.
B.Permitted Accessory Uses.
(1).Accessory uses of land or struc-
tures customarily incidental and
subordinate to any of the above
principal uses.
)
-50-
(
I
)
(2)Dwellings for watchman or caretaker
(3 )Employee cafeteria or other
concession in conjunction
permi t ted uses.
food
with
C.Bulk Regulations.
quirements shall be
fications contained
·The following minimum re-
observed subject to the modi-
in Section 301.21.
(1)Front Yard:30 feet;when fronting on
the right-of-way of a ma-
jor thoroughfare shown on
the Official Major Street
Plan,the front yard
shall be measured from
the proposed right-of-way
line.
(2 )Side Yard:None required except when
adjacent to and "R"or
"C-l"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 rail-
road right-of-way,in
which case,none re-
quired.
(4 )
(5)
Maximum Height:40 feet
Maximum Number
of Stories:
3 Stories
D.Off-Street parking and Loading.
301.22.
See Section
§301.20;"M-Z"Heavy Industrial District.
"M-2"District,the following regulations shall
except as otherwise provided herein:
In the
apply,
A.principal Permitted Uses.
(1)Uses permitted in "M-l"Districts,
provided that no dwelling unit is
permitted except those for employ-
-51-
!!I
\"'--------..
December 29i 1981
--~....~.~.._-_...._-~
ees 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 prohib-
ited by law;provided,however,
that the following uses shall be
permitted subject to approval by
the City Council after public hear-
ing,and after report and recommen-
dation by the Zoning Commission.
The City Council shall consider all
the following provisions in its de-
termination upon the particular use
at the location requested:
)
la)That the proposed location de-
sign,construction,and operation
of the particular use adequately
safeguards the health,safety and
general welfare of persons residing
or working in adjoining or sur-
rounding property;
Ib)That such use shall not impair
an adequate supply of light and sir
to surrounding property;
(c)That such use shall not unduly
increase congestion in the streets,
or public danger of fire and
safety;
Id)That such use shall not dimin-
ish or impair established property
values in adjoining or surrounding
property;and
Ie)That such use shall be in ac-
cord with the intent,purpose,and
spiri t of this Ordinance and the
Comprehensive Plan of the City.No
permit will be issued in "M-2"Dis-
trict,other than the requirementss
listed in "M-1",except as specifi-
)
-52-
cally aproved by the City Council.
(3)See Section 301.21.
Uses.
For Special
(4)Signs,on-site See Section 301.23.
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 ac-
cessory buildings or structures,
including loading and unloading
facilities,shall be located at
least one hundred (1 00)feet from
any "R"District boundary,except
where adjoining a railraod right-
of-way.
C.Bulk Regulations.The following requirements
shall be observed subject to the modifications
contained in Section 301.21.
(1)Lot Area:No minimum
(2)Lot Width:No minimum
(3)Front Yard:30 feet;when fronting on
the right-of-way of a ma-
jor throughfare 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 ad-
jacent to an "R"District
in which case not less
than 100 feet as specifi-
ed in paragraph B of
this section.
-53-
----~~-~-~~~------
)
(5)Rear Yard:30 feet;unless adjoining
a railroad in which no
rear yard is required.
(6)Maximum Height:No limit.
D.Off Street Parking and Loading.See Section
301.22.
§301 .21.Exceptions,Modifications and Interpreta-
tions.
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.Build ings 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,onehalf (1/2)of the alley width may
be~included as a portion of the rear or side yard
as the case may me.
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 proj ections
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 g.reater than required
by this Ordinance,~the following rule shall
LJ)
-54-
-:,
-------------
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
a front yard greater
feet.
required to have
than fifty (50)
(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 and Annexed Areas.Any land annexed to
the City after the effective date of this Ordi-
nance shall be zoned "A-1"Agricultural until the
zoning Commission and City Council shall have
studied the area and adopted a final zoning plan
for the area in accordance with Section 301.26 of
this Ordinance.Said final zoning plan shall be
adopted within six (6)months of date of annexa-
tion.
H.Exceptions to Prohibit Uses.The City Council
of Waukee,Iowa,may by special permit after pub-
lic 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
notices in the United States Mail.
(1)Any public building erected and used-
by any department of the Gi ty,Town-
ship,County,State of Federal
Government.
(2)Airport or landing field.
-55-
)
)
(3)Community building or recreation
center.
(4)Hospitals,non-profit fraternal in-
stitutions provided they are used
solely for fraternal purposes,and
insti tutions of an educational,re-
ligious or philanthropic character,
provided that the building shall be
set back from all yard lines a dis-
tance 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 Zoning Commis-
sion,which Commission shall be giv-
enforty-fi ve (45)days in which to
make a report regarding the effect
of such proposed building or use up-
on the character of the neighbor-
hood,traffic conditions,public
utility facilities and other matters
pertaining to the general welfare.
No action shall be taken upon any
application for a proposed build ing
of use above referred to until and
unless the report of the Zoning Com-
mission has been filed;provided,
however,that if no report is re-
ceived from the Zoning Commission
withinfortyfive (45)days,it shall
be assumed that the approval of the
application has been given by the
said Commission.
1
§301 .22 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
-56-
/
r-----
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 of distribution by vehicles of material
or merchandise,there shall be provided and
maintained on the same lot with such building,at
least 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 (10,00)square
feet.
(1)Each loading space shall be not
less than ten .(10)·feet in width,
twenty-five (25)feet in length.
(2)Such space may occupy all or any
part of any required yard or court
space.
B.Off-Street Parking Area Required.In all dis-
tricts,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)per cent of floor area.
(2 )Banks,
offices
floor area.
business
fifty
and
(50)
professional
per cent of
(3)Bowling alleys -five (5)spaces for
each alley.
(4)Churches and ~chools -one (1)space
for each eight (8).seats in a prin-
cipal auditorium.When no auditori-
um is involved,one (1)space for
every two (2).employees.
(5 )Dance halls ,assembly halls -
hundred (200)per cent of floor
two
area
-57-
)
used for dancing or assembly.
r )
(6)Dwellings -Single family dwelling -
two parking spaces accessible to the
s t r e e t ,Duplex family dwell ing
four:par:king spaces accessible to
the street.Multi-family dwelling -
1 or 2 bedroom -2 parking spaces
(7)Funeral homes,mortuaries -one (1)
parking space for each five (5)
seats in the principal auditorium.
(8)Fur:niture and appliance stores,
household equipment or furniture
repair shops over one thousand
(1,000)square feet of floor area -
fifty (50)per:cent of floor:area.
(9)Hospi tal s -one (1)space for each
four (4)beds.
(10)
(11)
(1 2)
(13)
(14)
(15)
)
Hotels,lodging houses one (1)
space for each two (2)bedrooms.'}
Manufacturing plants -one (1)space
for:each three (3)employees on the
maximum working shift.
Restaurants,beer
clubs over one
square feet floor
(200)per cent of
'··,;,'::\;:i:Jparlors,and:tlggpt
t.hous and (tiDHO>..
area -two Hundr;edfloorarea.....
Retail stores,supermarkets,>\*.~}.
over two thousand.(2,000)<s<ill.~f:e
feet floor area -two hundred;\{Ffly
(250)percent of floor area .·''':I,.;:f\:lt21
Retail stores,shops,etc.,uride r
t wo :thousand (2,000)aqu are-...f~'et
floor area -one hundred (1 oo.)}~;ph
cent of floor:area...·',
_~,:,·:~·,#:n
Sports.arenas,auditoriums,either
than an schools -one (1)parking
space for each six (6)seats..
-58-
---------------'
(16)Theaters,assembly halls with fixed
seats -one (1)parking space for each
six (6)seats.
(17)Wholesale establ ishmen ts or warehouses -
one (1)park ing space for every two (2)
employees.
In case of any building,structure,or premises,the use
of which is not specifically mentioned herein,require-
ments 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,includ ing a commerc-ial parking lot,shall be
developed and maintained in accordance with the following
requirements:
A.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 ad-
joins an "R"District,it shall be set back at
least twenty-five (25)feet from th "R"District
boundary and shall be effectively screenplanted.
B.Any off-street parking area,incl uding any
commercial parking lot,for more than five (5)
vehicles shall be surfaced with an asphaltic or
portland cement binder pavement or such other
surfaces as shall be approved by the City
Council.
C.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.
Off-street parking areas may be establ ished 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 restric-
ted zone.
-59-
---~---~------~~---------~~-~_.._--~~-~
)
A twenty-five (25)foot screenplanted or wood fenced land-
scaped 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 park-
ing area and the landscaped yard,shall obscure the activ-
ity,be at lest 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.
When visible from a public street or land z6ned for resi-
dential use,the interior of such parking areas shall be
developed as follows:
')
A.No less than five (5)per cent shall be landscap-
ed and continuously maintained.
B.Planting along the·perimeter of a parking area,
whether required for screening or general beauti-
fication will not be considered as part of the
five (5)per cent interior landscaping.
)
Parking spaces required shall be provided in
with the following requirements:
accordance
A.Each required parking stall
than nine (9)feet in wid th
nineteen (19)feet in length.
shall be
and not
not
less
less
than
)
B.Maneuvering space required is the aisles 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
11
11
12
12
12
18
19
24
24
-60-.
/
If the Degree of angle of parking provided is not listed
above,the aisle width required shall be the next largest
angle of parking shown above.
§301.23 Signage.For the purpose of this Ordi-
nance,sign area shall be inte,preted and used as follows:
Sign Area:The area using actual dimensions,ex-
cluding air space,painted background,or the supporting
structure which does not form a part of the sign proper or
the display.The area of a sign composed of characters or
words attached directly to a building or wall surface
shall be the sum of the smallest rectangles which enclose
the individual characters,numerals,or letters.
"A"Agricultural District.
Signs:As listed and in accordance with the provi-
sions of the schedule and general regulations below.
A.One (1)portable sign per street front not to ex-
ceed a total of eighteen (18)square feet in
area with a maximum of two (2)sides of nine (9)
square feet each per side,appertaining only to
the lease,hire or sale of the building or premi-
ses on whi ch such sign is located,and one (1)
nameplate only not exceeding one (1)square foot
in area,provided that no such sign or nameplate
shall emit any flickering,flashing or glaring
light.Outdoor bulletin boards for churches,
schools,and other public bu i Ld.i nq s wilLbe 'Rer-
mitted on the premises of such use,subject to
approval of the Plan and Zoning Commission.
B.Political campaign signs not to exceed,:twe;!.ve
(12)square feet in area will be permitteq.The
signs shall be removed within one week following
election to which they pertain.
"R-l"Single Family Residential District
Signs:As listed and in
sions of the schedule and
accordance with the provi-
general regulations below.
A.One (1)portable sign per street front not to ex-
ceed a total of eighteen (18)square feet in
area,with a maximum of two (2)sides of nine (9)
-61-
.---._----
)
square feet each per side,appertaining only to
the lease,hire or sale of the building or premi-
ses on which such sign is located,and one (1)
nameplate only not exceeding one (1)square foot
in area,provided that no such sign or nameplate
shall emit any flickering,flashing or glaring
light.Outdoor bulletin boards for churches,
schools,and other pUblic buildings will be per-
mitted on the premises of such use,subject to
approval of the Plan and Zoning Commission.
,]
I
B.Political campaign signs not to exceed twelve
(12)square feet in area will be permitted.The
signs shall be removed within one (1)week fol-
lowing election to which they pertain.
"R-2"One and Two Family Residential District
Signs:As listed and in accordance with the provi-
sions of the schedule and general regulations below.
)
A.One (1)portable sign per street front not to ex~
ceed a total of eighteen (18)square feet in
area,with a maximum of two (2)sides of nine (9)
s qu ar e feet each per side,appertaining only to
the lease,hire or sale of the building or premi-
ses on which such sign is located,and one (1)
namep.lat e only not exceeding one (1)square foot
in <ci:rea,provided that.no such sign or nameplate
sh,!:!;l emit any flickering,flashing or glaring
li911.1:.Outdoor bulletin boards for churches,
schools,and other public buildings will be per-
mitted on the premises of such use,subject to
approval of the Plan and Zoning Commission.
1c,
B.Political campaign signs not to exceed twelve
(12l square feet in area will be permitted.The
signs.shall be removed within one ..·(1)week
following election to which they pertain.
C.One .identification sign appertaining to customary
home occupations will be permitted.Such sign
shall not exceed nine (9)square feet in surface
area.
"R-3"Multi-Family Residential District
)
-62-
/
--------r-
Signs:As listed and in accordance with the provi-
sions of the schedule and general regulations below.
A.One (1)portable sign per street ,front not to
exceed a total of eighteen (18)square feet in
area,with a maximum of two (2)sides of nine (9)
square feet each per side,appertaining only to
the lease,hire or sale of the building or premi-
ses on whi ch .auch sign is located,and one (1)
nameplate only not exceeding one (1)square foot
in area,provided that no such sign or nameplate
shall emit any flickering,flashing or glaring
light.Outdoor bulletin boards for churches,
schools,and other public buildings will be per-
mi t ted on the premises of such use,subj ect to
approval of the Plan and Zoning Commission..One
permanent identification sign shall be permitted
on the premises of any mul tiplefamily dwelling
complex.Such sign shall be of ornamental metal,
stone,masonry,or other permanent material and
shall indicate only the name of such multiple-
family complex.Such sign shall not exceed
twenty (20)square feet in surface area.
B.Political campaign signs not to exceed twelve
(12)square feet in area will be petmitted.~he
sign shall be removed within one (1)week follow-
ing election to which they pertain.
C.One identification sign appertaining to customary
home occupations will be permitted.Such :sign
shall not exceed nine (9)square feet in surface
area.
"R-4"Row Dwelling and Condominium Dwelling District
Signs:As listed and in
sions of the schedule and
accordance with the provi-
general regulations below.
A.One (1)portable sign per street front not to ex-
ceed a total of eighteen (18)square feet in
area,with a maximum of two (2)s ides of nine (9)
square,feet,each per side,apPElrtaining.qnlY,..to
the lease,hire or sale of the building'or 'pi'eml-'
ses on which such sign is located,and one ,(1 )
nameplate only not exceeding one (1)s qu ar e foot
in area,provided that no such sign or nameplate
-63-
----------------------------------------
)
shall emit any flickering,flashing or glaring
1 ight.Outdoor bulletin boards for churches,
schools,and other public buildings will be per-
mi t ted on the premises of such use,subj ect to
approval of the Plan and Zoning Commission.
B.Political campaign signs not to exceed twelve
(12)square feet in area will be permitted.The
signs shall be removed within one (1)week fol-
lowing election to which they pertain.
"R-5"Planned unit Development District
Signs:As listed in accordance with the provisions
of the schedule and general regulations below.
)
A.One (1)portable sign per street front not to ex-
ceed a total of eighteen (18)square feet in
area,with a maximum of two (2)sides of nine (9)
square feet each per side,appertaining only to
the lease,hire or sale of the building or premi-
ses on whi ch such sign is located,and one (1)
nameplate only not exceeding one (1)square foot
in area,provided that no such sign or nameplate
shall emit any flickering,flashing or glaring
light.Outdoor bulletin boards for churches,
schools,and other public buildings will be per-
mi t ted on the premises of such use 1 subj ect to
approva.l .of the Plan and Zoning Commission.One
permanent identification sign shall be permitted
on the premises of any multiplefamily dwelling
complex.Such sign shall not exceed twenty (20)
square feet in surface area.
B.Political campaign signs not to exceed twelve
(12)square feet in area will be permitted.The
sign shall be removed within one (1)week follow-
ing election to which they pertain.
"R-6"Mobile Home Residential District
Signs:As listed in accordance with the provisions-
of the schedule and general regulations below.
A.One (1)portable sign per street front not to ex-
ceed a total of eighteen (18)square feet in
area,with a maximum of two (2)sides of nine (9)
)
-64-
)
square feet each per side,appertaining only to
the lease,hire or sale of the building or premi-
ses on which such sign is located.
B.Political campaign signs not to 'exceed twelve
(12)square feet in area will be permitted.The
signs shall be removed within one (1)week fol-
lowing election to which they pertain.
"C-l"Community Commercial District
Signs:As
sions of the
below.
listed and in
schedule and
accordance wi th the
general regulations
provi-
listed
A.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 a 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 wall.
B.One "pole sign"on each street on which a busi-
ness abuts:provided,however,that said "pole,
sign"shall not have a surface .ar e a greater than
fifty (50)square feet on anyone side thereof
and not more'than two (2)sides of saf'd.'"pole
sign"shall be used for advertising ,purposes.
The term "pole sign"as herein defined shall not
be 'deemed to incl ude any sign advertising the
'trade name,merchandise or service of any person,
firm,.or corporation who pays a cons Ldezat Lonifor
the privilege of placing,maintaining,,or.'using
any portion of said sign to the owner or occupant
of the premises upon which said signt(),tI1~owller
or occupant of the premises upon which sai.dsign
is erected or placed.Said "pole sign"shall not
extend over street right-of-way lines nor other-
wise obstruct or impair the safety of pedestrians
or motorists.'
C.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 shiel-
-65-
)
ded from public view by a building wall,by back-
ing the sign against another sign face,by group-
ing 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.
D.The total area of all
business conducted in
exceed a total'area of
feet.
signs pertaining to the
any building shall not
one hundred (150)square
"C-2"Central Business District
)
Signs:As listed and in accordance with the·provi-
sions of the schedule and general regulations below.
A.One monument sign on each street on which a busi-
ness abuts shall be permitted.An exterior sign
shall pertain only to a use conducted with the
building.No sign may project over any street
curb 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 proj ect more than four (4)feet above the
roof line,or parapet wall.
B.One "pole sign"on each street on which a busi-
ness abuts;prov ided,however,that said "pole
sigh"shall not have a surface greater than fifty
(50).square feet on anyone side thereof and not
more'than two (2)s ides of said "pole si qn"shall
be used for advertising purposes.The term "pole
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
pri vilegeof placing,maintaining,or .using any
portion of said sign to the owner or occupant or
the premises upon which said sign is erected or
placed.Said "pole sign"shall not extend over
street right-of-way lines nor otherwise obstruct
or impair the safety of pedestrians or
mo.toz is.t s.,...","..~~,~.CC',.•".".
signs pertaining to
any building,shall
The total area of all
business conducted in
the
not
D.
)
-66-
exceed a total area of one hundred fifty (150)
square feet.
"M-1"Light Industrial District
Signs:As listed and in accordance with the provi-
sions of the schedule and general regulations below.
A.One "pole sign"on each street on which a busi-
ness abuts;provided,however,that said "pole
sign"shall not have a surface area greater than
one hundred (100)square feet on anyone side
thereof and not more than two (2)sides of said
"pole sign"shall be used for advertising pur-
poses.The term "pole sign".as herein defined ..
shall not be deemed to include any sign advertis-
ing the trade name,merchandise or service of any
person,firm or corporation who pays a considera-
tion 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 "pole sign"shall not
extend over street right-of-way lines nor other-
wise obstruct or impair the safety of pedestrians
or motorists.
B.One (1)premises roof signs"shall be permitted to
a maximum of two hundred (20 OJ square feet.The
back of said sign<sllallpe".e{f;ectively sh i e Lded
from public view bya'bU{~~ing wall,by backing
the sign against ..an()tli~.:t:,.signface ,by grouping
such signs in clusters.··to··conceal the exposed
backs or by paintin(Jt:he expoaed back a neutral
color.All roof signsml..lst .adhereto the height
limitations of this Distd.e:t.
C.The total area of a l L.signs pertaining to the
business conducted>in<al1:y/ib\,lild ing,shall not
exceed a total area'of.three:huridre d (300)square
feet.
"M-2"Heavy Indl..lstriai',t,istrtct
····4*"'Signs::.As
s Lons of the
below.
listed'oand,,,,in~",,,,adc:6'~(j~nce with ..the
schedule and general 'regulatibns
prov i",-_.,~.~.,,",:..
listed
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)1
A.One "pole sign"on each street on which a busi-
ness abuts;provided,however,that said "pole
sign"shall not have a surface area greater than
one hundred (100)square feet on.anyone side
thereof and not more than two (2)sides of said
"pole sign"shall be used for advert ising pur-
poses.The term "pole sign"as herein defined
shall not be deemed to include any sign advertis-
ing the trade name merchandise or service of any
person,firm,or corporation who pays a consider-
ation 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 "pole sign"shall not
extend over street right-of-way lines nor other-
wise obstruct or impair the safety of pedestrians
or motorists.
)
B.On premises roof signs shall be permitted to max-
imum of two hundred (200)square feet.The back
of said sign shall be effectively shielded from
publ ic view by a build ing 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.
C.The total area of
business coriduc t e d
exceed a total area
feet.
all signs pertaining to the
in any building,shall not
of three hundred (300)square
§30 1 .24.Administration and Enforcement -Building
Permits and Certificates of Zoning Compliance.
A.Administration and Enforcement An administra-
tive official designated by the City Council
shall administer and enforce this Ordinance.He
may be provided with the assistance of such other
persons as the City Council may direct.
If the administrative official shall ..find that
any of the provisions of this Ordinancear·e···be:i.l1g
violated,he shall notify in writing the person
responsible for such violations,indicating the
nature of the v i o Lat i on and ordering the action
)
-68-
)
necessary to correct it.He shall order discon-
tinuance of any illegal use of land,buildings,
or structures;removal of illegal buildings or
structures or of additions,alterations or struc-
tural changes thereto;discontinuance of any il-
leg al 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 permit there-
fore,issued by the administrative official.No
work on such building or structure shall be done
until a permit shall have been issued.No build-
ing permit shall be issued except in conformity
with the provisions of this Ordinance,except
after written order form the Board of Adjustment.
Permits shall not be required for accessory buil-
dings under twenty-five (25)dollars in value and
fences.See Section 301.27 for schedule of fees.
I C.Application for Building Permit All applica-
tions for building permits shall be accompanied
by plans in duplicate,drawn to scale,showing
the actual dimensions and shape of the lot to be
buil t upon;the exact si zes and locations on the
lot of build ings already existing,if any,and
the location and dimensions of the proposed buil-
ding or alteration.The application shall inclu-
de such other information as lawfully may be re-
quired by the administrative official,including
existing or proposed building or alteration;ex-
isting or proposed uses of the building and land;
the number·of families,housekeeping units,or
rental units the building is designed to accommo-
date;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 for New,
-69-
)
Altered,or Non-Conforming Uses It shall be un-
lawful to use or occupy or permit the use or oc-
cupance of any building or premises,or both,or
part thereof hereafter created,er~cted,changed,
or concerted,or wholly or partly altered or en-
larged in its use or structure until a certifi-
cate of zoning compliance shall have been issued
therefore by the administrative official stating
that the proposed use of the building or land
conforms to the requirements of this Ordinance.
r)
)
No non-conforming structure or use shall be main-
tained,renewed,changed,or extended until a
certificate of zoning compliance shall have been
issued by the administrative official.The cer-
tificate of zoning Compliance shall state specif-
ically wherein the non-conforming use differs
from the provisions of this Ordinance,provided
that upon enactment or amendment of this Ordi-
nance,owners or occupants or nonconforming uses
or structures shall have one (1)year to apply
for certificates of zoning compliance.Failure
to make such application with one (1)year shall
be presumptive evidence that the property was in
conforming use at the time of enactment of amend-
ment of this Ordinance.
~I
Certificates of zoning compliance shall be appli-
ed 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 alter-
ations or partial occupancy of with the provi-
sions of this Ordinance.
A temporary certificate of zoning compliance may
be issued by the administrative official for a
period not;exce ed Lnq six (6).months dur~.llg.alter7
..aUons·of--p·artial-·occupancy oCa ouildfiig-pendinct
its completion,provided that such temporary cer-
tifiate may require such conditions and safe-
guards as will protect the safety of the occu-
)
-70-
/
)
)
'),
--'-----
pants and the public.
The administrative official shall
ord of all certificates of zoning
copies shall be furnished upon
person.
maintain a rec-
compliance,and
request to any
Failure to
ance shall
punishable
nance.
obtain a certificate of zoning compli-
be a violation of this Ordinance and
under Section 301.30 of this Ordi-
See Section 301.27 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 per-
mit shall expire and be canceled by the adminis-
trative 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 un-
til anew building permit has been obtained.
F.Construction and Use to be as Provided in App-
1 ications,Plans,Permits,and Cert ifications of
Zoning Compliance ,Building permits or certifi-
cates of zoning compliance issued on the basis of
plans and applications,approved by the adminis-
trative official authori zed only the use,
arrangement and construction set forth in such
approved plans and appl ications,and no other
use,arrangement,or construction.Use,"arrange-
ment,or construction at variance witnthat
authorized shall be deemed violation of this
Ordinance i and punishable as provided-by Section
301 .30 hereof.
§301.25.Board of Adjustment
and Duties.
Procedure,Powers
-71-
----~--
A.Board Created A Board of Adj ustment is hereby
established which shall consist of five (5)mem-
bers.The terms of office of the members of thee
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 his absence the acting chairman,may admin-
ister oaths and compel the attendance of witnes-
ses.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 quest ion,or if absent or fai ling 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 publ ic 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 officer,depart-
ment,board or bureau of the City of Waukee af-
fected by any decision of the administrative off-
icer.Such appeal shall be taken within ten (10)
days by filing with the administrative officer
and with the Board a notice of appeal specifying
the grounds thereof.The administrative officer
shall forthwith transmit to the Board all papers
constituting the record upon which the action ap-
pealed from is taken.
An appeal stays all proceedings in furtherance of
the action appealed from,unless the administra-
tive official certifies to the Board after notice
of appeal shall have been filed with him,that by
reason of facts stated in the certificate a stay
would,in his opinion,cause imminent peri 1 to
life or property.In such case proceedings shall
not be stayed otherwise than by a restraining or-
der which may be granted by the Board or by a
court of record on app'Licat i.on or-notice to tlie
administrative officer,and on due case shown.
)
D.Fee for Appeal
schedule of fees.
See Section 301.27 for
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I
E.Hearings,Notice.The Board shall fix a rea-
sonable time for the hearing on the appeal,give
public notice thereof as well as due notice to
the parties in and decide the same within a rea-
sonable time.At t.he-hearing,any party may ap-
pear in person or by agent,or by attorney.
Before an appeal is filed with the Board,the
appellant shall pay a fee of five (5)dollars to
be credited to the general fund of the City of
Waukee.
F.POwers Administrative Review To hear and
decide appeals where it is alleged there is error
in any order,requirement,decision or determina-
tion made by the administrative officer in the
enforcement of this Ordinance.
G.Powers Special
following exceptions
set forth in this
requirements of this
Exceptions To permit the
to the District regulations
Ordinance subject to the
Section:
(1)To permit erection and use of a build-
ing of the use of premises or vary the
height and the regulations in any loca-
tion 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.
To hear and decide only such other special excep-
tions as the Board is specifically authori zed 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 not in harmony
with the purpose and intent of this Ordinance.A
special exception shall not be granted by the
~oard unless and until:
-73-
)
)
)
(3 )A written application for special ex-
ception is submitted indicating the
section of this Ordinance under which
the special exception is so~ght and
stating the grounds on which it is
required.
(4 )Notice of public hearing shall be given
at least ten (1 0)days in advance of
public hearing.The owner of the pro-
perty for which special exception is
sought or his agent and any other a-
ffected property owners shall be noti-
fied by mail.Notice of hearing shall
also be posted on the property for
which special exception is sought.
(5)The publ ic hearing shall be held.
party may appear in person,or by
or at torney.
Any
agent
(6)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 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 safeguard,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 301.30 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 specific cases such v ar i ance
from the terms of this Ordinance as will not be
contrary to the publ ic interest where,owning to
special conditions,a literal enforcement of the
provisions of this Ordinance would result in
unnecessary hardship.A variance from the terms
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1
------(-~=_=_c_---.---.-~------------
)
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 circum-
stances exist which are peculiar to the
land,structure,or building involved,
and whi ch are not appl icable to other
lands,structures,or buildings in the
same district:
Ib)That literal interpretation of the
provisions of this Ordinance would de-
prive 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 applicant;
(d)That granting the variance-request-
ed will not confer on the applicant any
special privilege that is denied by
this Ordinance to other lands,struc-
tures,or buildings in the same dis-
trict.
No non-conforming use of neighboring lands,
structures,or buildings in the same dis-
trict,and no permitted use of land,struc-
tures,or buildings in other districts shall
be considered grounds for the issuance of a
variance.
(2 )Notice of public hearing shall be giveninadvanceofpublichearing.The own-er of the property for which the vari-ance is sought or his agent and anyotheraffectedpropertyownersshallbenotifiedbymail.
(3)The public hearing
party may appear in
or by attorney.
shall be
person,
held.
or by
Any
agent
-75-
)
r I
(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 reason set forth in the appli-
cation justify the granting of the var-
iance,and that the variance is the
minimum variance that will make possi-
ble 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
weI fare.
)
In granting any variance,the Board may prescribe
appropriate condi tionsand safeguards in confor-
mity with this Ordinance.Violation of such
conditions and safeguards,when made a part of
the terms under which the vari ance is granted,
shall be deemed a violation of this Ordinance and
punishable under Section 301.30 of this
Ordinance.
Under no circumstances shall the.Board grant a
variance to allow a use not permissable 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 of Adjustment In exer-
cising 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,re-
quirements,decision,or determination appealed
from and may take such order,requirement,deci-
sion or determination as ought to be made,and to
that end shall have powers of the administrative
official from whom there appeal is taken.
)The concurring vote of three (3)members of the
-76-
(
)
)
l~..
----------
Board shall be necessary to reverse any order,
requirement,decision,or determination of the
administrative official,or to decide in favor of
the applicant on any matter upon which it is
required to pass under this Ordinance,or to
effect any variation in this Ordinance .
.J.Appeals from Decision of the Board of Adjust-
ment Any taxpayer,or any officer,department,
board or bureau of the City of Waukee or any per-
son or persons jointly or severally aggrieved by
any decision of the Board of Adjustment may pre-
sent to a court of record a petition,duly veri-
fied,setting forth that such decision is ille-
gal,in whole or in part,specifying.the grounds
of the illegality.Such petition shall be pre-
sented 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.
§301.26.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 of Adjustment only on appeal
from the decision of the administrative official,and that
recourse from the decisions of the Board of Adj ustment
shall be to the courts as provided by law and particularly
by Statute.
It is further th'e intent of this Ordinance that the duties
of the City Council in connection with this Ordinance
shall not include hearing and deciding questions of inter-
pretation 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 admendments or the
rep.eal._of this Ordinance,.as by law,(2)Q.Lestablishing.a._
schedule of fees and charges as stated in Section 301.27
below,and (3)considering applications for special per-
mits for exceptions to prohibited uses as specified in
Section 301.21 of this Ordinance.
-77-
)
§301.27.Schedule of Fees The City Council shall
establish a schedule of fees,charges,and expenses,and a
collection procedure for certificates of zoning compli-
ance,appeals,and other matters pertaining to this Ordi-
nance.The schedule of fees shall be posted in the office
of the administrative official,and may be altered or
amended by the City Council.
No certificate,special exception,or v ar i ance 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 of Adjustment unless
or until preliminary charges and fees have been paid in
full.
§30 1.28.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 establ ished.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.At least fifteen (15)
days notice of the time and place of such hearing shall be
published in a paper of general circulation in the City;
and at least 15 days notice of the time and place of such
hearing shall be given by ordinary mail to all persons on
the mailing list of the utility bills of the City of
Waukee,Iowa.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)per cent or more either of the
area of the lots included in such a proposed change,or of
those immediately adj acent in the rear thereof extending
the depth of one lot or not to exceed two hundred (200)
feet therefrom or of those directly opposite thereto,ex-
tending the depth of one lot or not to exceed two hundred
(200)'feet from the street frontage of such opposi te lots,
such amendment 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 reques-
)
-78-
-_._----~\
.J
),
-------------------------------------
ting 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)per cent of the area of all real estate included
within the boundaries of said tract as desc~ibed in said
petition,and in addition,d ulv signed by the owners of
fi fty (50)per cent of the area of all real estate lying
outside of said tract but within two hundred (200)feet of
the boundries 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 pe-
tition with the City Clerk.
Before any action shall be taken as provided in this part,
the party or parties proposing or recommending a change in
the district regulations or district boundaries shall de-
posi t with the Ci ty Clerk the sum of ten (10)dollars to
cover the approximate costs of this procedure and under no
conditions shall said sum or any part thereof,be refunded
for failure of said amendment to be enacted into law.
Whenever any petition for an amendment,supplement,or
change of the zoning regulations herein contained or sub-
sequently 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.
S301.29.Complaints Regarding Violations When-
ever 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.He shall
record properly such complaint,immediately investigate,
and take action thereon as provided by this Ordinance.
S301.30.Enforcement,Violations and Penalties
A.Enforcement All department,officials,and
employees of the City of Waukee who are vested
with the duty or authority to issue permits or
licenses shall -issue no suCn--p€l!:':m-n-or-license
for any use,structure,or purpose if the same
would not conform to the provisions of this
Ordinance.
-79-
B.Penalties for Violation Violation of the pro-
visions 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 ($lOO)dollars or
imprisoned for not more than thirty (30)days,or
both,and in add ition 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 build ing,structure,
premises or part thereof,and any architect,
builder,contractor,agent,or other person who
commits,participates ln,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.
Section 2.Repealer and Savings Clause.All
zoning regulations or parts thereof adopted before the
29th day of December,1981,and not included in this ordi-
nance are repealed but such repeal shall not affect any
act done,any right accrued,accuring,or established,the
tenure or emoluments of office of any person holding
office at the time these ordinances take effect,or any
forfeiture or penalty heretofore incurred under or by vir-
tue of any prior existing ordinance,nor any prosecution,
suit,or proceeding pending at the time of such repeal.
Section 3.Effective date.This ordinance shall
be in effect after its final passage,approval,and publi-
cation as required by law.
passed by the Council the
Approved this 29th day of
29th day of December,
December,1981.
(~rdd.::'.{~.~~~f1L-
1981,and
Attest:.
~"--------