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1. District Establishment. In order to carry out the purpose and intent of this Zoning Ordinance, the area is divided into zoning district classifications as follows:
R-1 One-Family Residence District
R-2 One-Family and Two-Family Residence District
R-3 Multiple-Family Residence District
R-3A Planned Multiple-Family Residence District
R-5 Mobile Home Park Residence District
C-1 Neighborhood Retail Commercial District
C-2 General Retail, Highway Oriented, and Central Business Commercial District
C-2A Central Business Commercial District
C-3 Limited Highway Oriented Commercial District
M-1 Light Industrial District
M-2 Heavy Industrial District
M-3 Limited Industrial District
PUD Planned Unit Development District
U-1 Conservation and Public Utility District
2. Zoning Map. The boundaries of the districts listed in subsection 1 are indicated upon the official zoning map of the City, which map is made a part of this Zoning Ordinance by reference to it in this section. The official zoning map and all the notations, references and other matters shown thereon shall be as much a part of this Zoning Ordinance as if the notations, references, and other matters set forth by said map were all fully described in this section. The official zoning map shall be on file in the office of the City Clerk and shall bear the signature of the Mayor, attested by the City Clerk, under the certification that this is the official map referred to in the Zoning Ordinance.
3. Changes; Ordinance Required. Changes in the district boundaries or other matters portrayed in the official zoning map shall be made by ordinance which shall identify the affected property by legal description, the zoning district in which it then lies, and the new district to be established for said property. The Clerk shall attach a certified copy of the amending ordinance to the official zoning map.1
1
See EDITOR'S NOTE at the end of this chapter for ordinances amending the zoning map.
4. Adoption of New Zoning Map. The Council may from time to time adopt a new official zoning map, which shall supersede the prior official zoning map, in the event that the official map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof.
5. Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerlines of streets, highways, alleys or other public rights-of-way shall be construed to follow such centerlines.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. Boundaries indicated as approximately following City limits shall be construed as following City limits.
D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as following a platted lot line or for unplatted property as moving with the actual shoreline.
F. Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the official zoning maps or, if not dimensioned, shall be determined by the scale shown on the map.
1. Purpose and Application. It is the intent and purpose of this section to establish a procedure which will enable the City to review certain proposed improvements to property within specified zoning districts of the City to insure compliance with all applicable zoning, subdivision, and building regulations. Site plans in conformance with this section, with the exception of site plans for one-family and two-family dwellings and their associated accessory buildings (See Section 197.03), shall be required whenever any person proposes to place any building, structure or hard surfacing for which a building permit is required under any other section of this code, on any tract or parcel of land.
2. Site Plan Approval Prerequisite to Building Permit and Certificate of Occupancy and Use Issuance. No building permit shall be issued for the construction of any structure or hard surfacing that is subject to the provisions of this section and/or Chapter 156 until a site plan has been submitted covering the land upon which such structure or hard surfacing is to be located, and further, approved for such development in accordance with this section and/or Chapter 156. No certificate of occupancy and use shall be issued for such structure or hard surfacing until all terms and conditions of the approved site plan have been satisfactorily completed or provided for.
3. Design Standards. The standards of design provided in this section are intended to establish criteria for those items that affect the physical aspect of Ankeny’s environment. These criteria are not intended to restrict design; however, they are intended to create a focus on development that maintains a satisfactory function and appearance within the City. It is the intent of these regulations to maintain or enhance neighborhood character, preserve values, and promote the public health, safety, and general welfare.
A. Site Development.
(1) The orientation, alignment, spacing and placement of a building driveway, parking area and/or service area on the site shall be compatible with and complimentary to buildings and sites in the neighboring area.
(2) The site shall be planned to be compatible with the streetscape that is prevalent in the area.
(3) The site shall provide for adequate parking and circulation for vehicles, bicycles, and pedestrians. This includes safe bicycle and pedestrian movement from public walks to the building and from parking areas to the building.
(4) The site shall have such entrances and exits upon adjacent streets and such internal traffic circulation pattern as will not unduly increase congestion or decrease safety on the site or surrounding public streets. Studies of the traffic impact shall be provided if deemed necessary by the Department Director.
(5) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other means so as to reduce their impact on public ways and adjoining properties.
(6) Service areas, loading and unloading docks, delivery areas, dumpsters, outside storage areas and large storm water detention basins shall be treated with decorative elements, building wall extensions, plantings, berms, or other means so as to screen them from view from public ways and adjoining properties.
(7) All newly installed utility lines shall be underground and entry fixtures located away from high use areas or screened in an approved manner.
(8) Exterior lighting, when used, shall enhance the building design and the adjoining landscape. All lighting should be appropriate to the use of the building and surrounding properties with intensity of illumination limited to its intended use and not as an attraction to the site. Lighting shall be directed to eliminate impacts on adjoining sites.
(9) The design shall provide adequate provisions for surface and subsurface drainage. Storm water detention, drainage and storm sewer improvements shall be designed to reduce the danger of erosion, flooding, landslide or other endangerment of surrounding property.
(10) Utility connections to water and sanitary sewer lines shall be designed so as to not overload existing public utility lines. Studies of system loading shall be provided if deemed necessary by the Department Director.
(11) Site design should provide open space in areas visible to the public. A majority of the required open space should be located in front and side yards.
(12) Landscaping shall enhance architectural features and contribute to the beauty and utility of a development. Existing trees should be protected whenever possible to maintain the maturity of the site.
B. Building Design.
(1) Buildings shall have good scale and maintain or enhance the established scale of buildings and sites of neighboring buildings and sites.
(2) Materials selected for buildings shall provide compatible textures and colors with those of neighboring buildings.
(3) Materials selected for buildings shall be compatible with the architecture of the building. Materials selected for suitability to the type of buildings and the design in which they are used. Materials should provide for strength and permanence.
(4) All mechanical equipment or other utility hardware on roof, ground or buildings, refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from or located as not to be visible from public view, using materials consistent with the building and site.
(5) Multiple buildings on the same site shall provide for compatible and complimentary design materials while limiting repetitive, monotonous design.
(6) Specific Building Material Standards:
a. Base. All buildings will have a base, at least three feet in height, around the entire perimeter of the building that consists of a durable, permanent material, such as:
i. Brick, including full-depth and thin brick;
ii. Stone, including natural or cultured stone that simulates natural stone, limestone, granite, and marble;
iii. Architectural (textured, not smooth face) concrete masonry units (CMU), including split face, weathered face, sandblasted face, or ground face block;
iv. Pre-cast concrete; or,
v. Other similar durable material as approved by the Plan and Zoning Commission.
b. Primary Materials. The primary building materials used for exterior finishes must be of high-quality and durability. These include:
i. Brick, including full-depth and thin brick;
ii. Stone, including natural or cultured stone that simulates natural stone, limestone, granite, and marble;
iii. Glass;
iv. Architectural (textured, not smooth face) concrete masonry units (CMU), including split face, weathered face, sandblasted face, or ground face block;
v. Pre-cast concrete; or,
vi. Other similar high quality materials as approved by the Plan and Zoning Commission.
c. Secondary Materials. The secondary building materials used for exterior building walls include:
i. Stucco (Portland cement plaster) with three coats of metal lath or wire fabric lath;
ii. Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited) and used only above the base of the building;
iii. Lap siding (wood, composite, fiber cement, vinyl, steel or aluminum);
iv. Pre-finished architectural panel;
v. Architectural metal panel (minimum 26 gauge) with concealed fasteners;
vi. Metal siding with concealed fasteners; or,
vii. Other similar appropriate accent materials as approved by the Plan and Zoning Commission.
d. Prohibited Materials. The following exterior walls, siding, and cladding are prohibited:
i. Corrugated galvanized metal;
ii. Corrugated metal panel;
iii. Smooth-face concrete block;
iv. Vinyl siding (non-residential development);
v. Plastic siding;
vi. Plywood or wood fiber; and,
vii. Unfired clay, sand, or shale rock.
e. Material Requirements. Set out in Table 192.02.01, are the minimum percentage of Primary materials required on the applicable building elevations within each Zoning District or identified, applicable land uses.
Table 192.02.01 Minimum Primary Material Requirements (% of each building wall) | |||||||
Districts or Uses | 1&2 Family3 | SFA4 | MF5 | C-1 | C-2/C-2A/C-3 | M-1 | M-2 |
Public-Facing1 | NA | 40 | 60 | 60 | 70 | 40 | 30 |
Other Facades2 | NA | 10 | 40 | 40 | 50 | 30 | 20 |
Table Notes: 1. Public Facing refers to building elevation(s) fronting on or most directly facing a public street or a rear/side elevation that abuts a parking lot of a separate use, e.g., shopping center with pad sites. 2. Other Facades refers to interior side or rear elevations. 3. 1&2 Family = Single Family Detached and Duplex/Bi-Attached/Two-Unit Structures regardless of Zoning District. 4. SFA = Single Family Attached Structures with three units or more regardless of Zoning District. 5. MF = Multiple Family Structures regardless of Zoning District. | |||||||
(Ord. 2041 - Jan. 21 Supp.)
C. Signs.Table
(1) Every sign shall have good scale and proportion in relationship to its site and function, as well as the signage and use of neighboring properties.
(2) Building signs shall be designed as an integral architectural element of the building.
(3) Yard signs shall be designed to provide elements compatible with the building design and architectural elements. Where pylon or pole signs are used, pylons or poles shall be concealed using architectural materials compatible with the building.
(4) Each sign shall be designed in a manner not to compete for attention with signs on adjoining premises.
D. Factors for Evaluation. The following factors and characteristics, which affect the function and appearance of a development, will govern the Plan and Zoning Commission’s evaluation of a site plan submission:
(1) Conformance to design standards and other applicable Code requirements;
(2) Location of the buildings, and the relationship to the development site and neighboring buildings and sites;
(3) Layout and utilization of building, parking, driveways, and open spaces;
(4) Architectural character, including scale, style, color, and type of material, of the building and signage as it relates to the neighborhood;
(5) Circulation, vehicular and pedestrian;
(6) Impact on sanitary sewer, storm sewer, drainage, water, and street systems.
4. Submittal Requirements. All exhibits must be folded if larger than letter size and submitted at a suitable size and scale to be legible. However, large mounting boards, material samples, or other exhibits not meeting the criteria may be used for Commission presentation. An adequate number of color photographs are required to illustrate the site, including existing features and surrounding buildings. Photos may also be used to illustrate installations on other sites that are similar to the applicant’s proposal. All required plans, unless waived by the Department Director, shall include as a minimum the following items of information:
A. Site Plan.
(1) Date of preparation, north point, and scale.
(2) Legal description and address of the property to be developed.
(3) Name, address, and phone number of the record property owner, the applicant and the person or firm preparing the site plan.
(4) The existing and proposed zoning of this and adjoining sites.
(5) All property and street pavement lines, grades, and site layout dimensions, including street right-of-way widths.
(6) The existing and proposed contours, showing areas of grading/earthwork and soil erosion control practices. Contours should be at a minimum of two-foot intervals or as necessary to show drainage. Where existing topography is on a slope of less than two percent, either one-foot contours or spot elevations shall be provided.
(7) All existing and proposed utility lines and easements, including sizes, hydrant locations and coverage, in accordance with the City of Ankeny standard specifications and subdivision regulations.
(8) If parking is involved, show calculations for determining the required number of off-street parking spaces as required by the City’s zoning ordinance. Give the number of spaces actually proposed and the maximum number of employees, customers, and office vehicles that would be in each building or unit at any one time.
(9) Proposed ingress and egress to the site, sidewalks, on-site parking areas, parking stalls including those for persons with disabilities, adjacent streets; delineation of traffic flow with directional arrows and location of directional signs or other motorist’s aids.
(10) All sidewalks, bike paths, loading areas, dividers, planters, and other similar permanent improvements.
(11) Location and type of buffer screens between the parking area and all adjacent properties and rights-of-way.
(12) Delineation of all required yard setbacks.
(13) Location, grade and dimensions of all existing and proposed paved surfaces and all abutting streets and street names.
(14) Location of existing trees six inches or larger in diameter, landslide areas, springs and streams and other bodies of water, and any area subject to flooding by a one hundred year storm.
(15) Location, amount and type of any proposed landscaping, plantings, fences, walls, or other screening as required by the zoning regulations and the design standards.
(16) The number and type of all existing and proposed buildings, the units of each, proposed uses for all buildings, and total floor area of each building.
(17) Location and type of any existing or proposed lighting on the property which illuminates any part of any required yard.
(18) Location and type of any existing or proposed signs.
(19) Description of size, material, and colors of any proposed signs and wind stress calculations, if required.
(20) A vicinity map at a scale of one inch equals five hundred feet or larger, showing the general location of the property, and the adjoining land uses and zoning.
(21) Soil tests and similar information, if deemed necessary by the Department Director, to determine the feasibility of the proposed development in relation to the design standards.
(22) Lot survey, where possible ownership or boundary problems exist, as determined by the Department Director.
(23) Any other information not herein stated above that is specific to the site plan and deemed necessary by the Department Director.
B. Elevation Views.
(1) Location, shape and two different exterior elevation views of all proposed buildings, for the purpose of understanding the overall design of the structure, materials proposed to be used, the location of windows, doors, overhangs, projection height, etc., and the grade relationship to floor elevation, and the number of stories of each proposed building and of each building to be retained;
(2) All freestanding, ground and building signs.
5. Pre-Application Conference; Application Requirements.
A. Whenever any person proposes to apply for a building permit for other than a one-family or two-family dwelling or related accessory structure, the applicant shall submit to the City a request for a pre-application conference.
B. The conference shall include the applicant or representative, the site designer/contractor and the Department Director or designee. The purpose of the conference shall be to acquaint the City staff with the proposed construction and to acquaint the applicant or representative of the applicant with the procedures and with any special problems that might relate to such construction.
C. The applicant shall furnish a legal description of the platted real estate certified by a licensed land surveyor at the time of requesting a pre-application conference. The conference shall be held within seven days of such request.
6. Technical Review Committee Review. The technical review committee is the staff committee charged with review responsibility on submittals. This committee generates comments on regulations affecting the proposed site development. A complete submittal for this meeting would include the following:
A. Fifteen sets of all plans containing the required information;
B. Two sets of storm water detention calculations;
C. Two sets of complete floor plans and building elevations for structures being proposed for immediate construction;
D. Two sets of any public improvement plan and profiles for any public improvements being installed with site development;
E. One compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the Site Plan.
F. Any other information which might assist the City in making this review;
G. Filing fees as set by Council resolution.
7. Action on Site Plan.
A. The technical review committee shall promptly notify the applicant in writing of any revisions or additional information needed to complete the review. If necessary, the applicant shall make revisions and resubmit the revised plan to the City for acceptance. If the site plan complies with requirements set forth in this section, the applicant’s plan shall be submitted to the Plan and Zoning Commission for approval, disapproval or approval subject to conditions.
B. Plan and Zoning Commission. This is the final review step for a site plan. A complete submittal would include the following:
(1) Fifteen copies of all plans and/or information required and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the Site Plan;
(2) A letter to accompany the presentation that requests project approval and describes the project, timetable for construction, and provides any other information to assist the Commission in making its decision;
(3) Performance bonds for any public improvement being proposed with the site plan. See final plat process for more information on the process required for public improvements if needed with the site plans.
C. In the case of disapproval or approval subject to conditions, the Plan and Zoning Commission shall indicate the reasons therefor and shall return a copy of the plan to the applicant for revisions in accordance with action taken. The applicant shall then submit the revised plan for review by the Technical Review Committee and if the site plan complies with the requirements of this section, the site plan shall be submitted for certification by the Plan and Zoning Commission.
D. The City shall retain the duly certified original in the City’s permanent files.
8. Appeals.
A. The applicant may, upon notice to the City Council, appeal in whole or in part any determination or action of the Plan and Zoning Commission made within the scope of this section. Appeal shall be made without cost by written notification of the appeal received by the Clerk within 90 days after the date of the action from which appeal is sought. The Clerk shall place the matter on the agenda of the next regular meeting of the City Council, provided such appeal is filed at least ten days prior to such meeting.
B. The City Council shall decide all appeals within 30 days after written notification of the appeal has been received by the Clerk, provided that the appellant may agree to a longer period not to exceed 60 days after the written notification of the appeal has been received by the Clerk. Failure to decide the appeal within such period shall have the effect of overturning the Plan and Zoning Commission’s disapproval and approving the site plan as appealed.
C. At the City Council’s meetings, the appealing party or parties shall be presented a reasonable opportunity to present their views. A four-fifths vote of the Council shall be necessary to overturn or modify the action of the Plan and Zoning Commission.
D. A site plan that has been denied by the Plan and Zoning Commission or City Council may be amended and resubmitted by the applicant to the City, pursuant to the terms of this section, upon payment of appropriate fees.
9. Validity of Approval. A site plan shall become effective upon certification of approval by the Plan and Zoning Commission. In the event that an appeal is filed, a site plan shall not become effective until all appeals have been decided. The approval of any site plan required by this section shall remain valid for two years after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this section, “actual construction” means that a building permit has been issued and the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, letting of contracts, grading of property, or stockpiling of materials on the site shall not constitute actual construction.
10. Site Plan Enforcement. Failure to comply with and maintain the approved site plan, unless another site plan has been submitted in accordance with this section, shall be considered a violation of the Zoning Ordinance.
11. Site Plan Amendment. Any approved site plan may be amended in accordance with the standards and procedures established herein, including payment of fees; provided, the Department Director may waive such procedures for those minor changes listed in this section. Such minor changes shall not be made unless the prior written approval for such changes is obtained from the Department Director. No fees shall be required for such minor changes as follows:
A. Moving building walls within the confines of the smallest rectangle that would have enclosed each original approved building; relocation of building entrances or exits, shortening of building canopies;
B. Changing to a more restrictive commercial or industrial use, provided there is no reduction in the amount of off-street parking as originally approved; this does not apply to residential uses;
C. Changing angle of parking or aisle, provided there is no reduction in the amount of off-street parking as originally approved;
D. Substituting plant species, provided a nursery or landscape architect certifies the substituted species is similar in nature and screening effect;
E. Changing type and design of exterior lighting fixtures, provided a certified engineer or architect certifies there will be no change in the intensity of light at the property boundary;
F. Increasing peripheral yards.
12. Applicability to Existing Development. The requirements of this section do not apply to the placement of any structure for which building permits have been issued as of the date of the adoption of the ordinance codified in this section; provided, if such building permit shall expire, then a new building permit shall not be issued until the requirements of this section have been met; and provided further, if an existing structure is to be reconstructed, enlarged, expanded or otherwise increased in an amount equal to or greater than the expansions listed below, then the provisions of this section still apply:
A. In the case of building uses twenty-five percent or greater of its existing ground coverage and/or total floor space;
B. In the case of non-building uses or non-building portion of uses, twenty-five percent or greater of the existing non-building area of the site development.
The R-1 District is intended and designed to provide for certain low-density residential areas of the City, now developed primarily with one-family detached dwellings, and to provide for areas where residential development seems likely to occur.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-1 District:
A. One-family dwellings.
B. Churches, cathedrals, temples and similar places of worship, provided that all principal buildings are set back a minimum of 35 feet from all property lines.
C. Public and parochial schools, elementary and secondary and other educational institutions having an established current curriculum the same as ordinarily given in City public schools, but excluding boarding schools, nursery schools and child care centers, provided that all principal buildings are set back a minimum of 35 feet from all property lines.
D. Fire stations, libraries, city halls, police stations or other buildings owned by the City and used for any public purpose, including its use by any bona fide civic group, service club or merchants, group, may be permitted by the Council in an R-1 zoning district, or in any other zoning district, after notice and hearing pursuant to Section 362.3, Code of Iowa. Notice of the hearing shall be mailed to the record owners of all real estate lying within 250 feet of the boundaries of the tract of real estate to be put to such use, the notice to be mailed no less than seven days prior to the hearing.
E. Publicly owned parks, playgrounds, golf courses, and recreation areas.
F. Agricultural uses, including nurseries and truck gardens, provided that no offensive odors or dust are created and that no retail sales are permitted on the premises.
2. Permitted Accessory Uses. Permitted accessory uses in the R-1 District are as follows:
A. Uses of land or structures customarily incidental and subordinate to one of the permitted principal uses, unless otherwise excluded.
B. Private garage or carport; garden houses; greenhouses; tool houses; playhouses and accessory recreational facilities.
C. The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two per building.
D. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work, or shall be converted to an approved permitted use.
E. Temporary use of a dwelling structure within a new subdivision for use as a job office and real estate office for the subject subdivision, which use shall terminate upon completion or abandonment of the project.
F. Signs as regulated in Chapter 195.
G. Child day care for six or fewer children.
A. Lot Area: 10,200 square feet (one acre where public sewer and water are not available);
B. Lot Width: 85 feet;
C. Front Yard: 35 feet;
D. Side Yards:
One story:
Total side yard – 18 feet
Minimum on one side – 8 feet
More than one story:
Total side yard – 20 feet
Minimum on one side – 10 feet
Churches and schools – 35 feet on each side.
E. Rear Yard: 35 feet;
F. Maximum Height:
Principal building, if dwelling – 35 feet
Principal building, if other than dwelling – 45 feet
Garage – 14 feet
Accessory building, other than garage – 12 feet;
G. Maximum Number of Stories:
Principal building – 3 stories
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01.
The R-2 District is intended and designed to provide for certain low-density residential areas of the City now developed with one-family and two-family dwellings, and to provide for areas where similar residential development seems likely to occur.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-2 District:
A. Any use permitted in the R-1 District.
B. One-family and two-family dwellings.
C. Conversions of one-family dwellings into two-family dwellings in accordance with the lot area, frontage, height, and yard requirements of this section.
D. Subdivision of a duplex lot into two lots when a conforming two-family attached dwelling is divided by a vertical party wall with a common lot line under the vertical party wall provided one side yard, the front yard, and the rear yard setbacks are met; a party wall agreement is recorded with the Polk County Clerk and Recorder; and all utility, building, and life safety codes are in compliance.
2. Permitted Accessory Uses. Permitted accessory uses in the R-2 District are as follows:
A. Accessory uses permitted in and as limited in the R-1 District.
B. Home occupations, provided that there is conformance to the following:
(1) Such use shall be conducted entirely within a dwelling and solely by members of the family residing in the same dwelling, and shall not exceed one-half of the floor area of one floor.
(2) No exterior indications of the home occupation shall be permitted.
(3) Such use shall not require mechanical equipment not customary in dwellings or cause or produce unreasonable noise, vibration, smoke, dust, odors, heat, or glare, or in any way be detrimental to the neighborhood.
(4) Such use shall not substantially increase traffic in the neighborhood.
C. Group day care homes, subject to the following provisions:
(1) There is provided for each child a minimum of 75 square feet of usable outdoor play space, which space shall be confined to the rear yard of the property and entirely enclosed by a fence of not less than 42 inches in height; and
(2) There is provided adequate space for the dropping off and picking up of children with no adverse impact on the surrounding properties.
A. Lot Area:
One-family dwelling – 8,500 square feet;
Two-family dwelling – 10,500 square feet.
B. Lot Width:
One-family detached dwelling – 70 feet;
One-family attached dwelling – 40 feet;
Two-family attached dwelling – 85 feet.
C. Front Yards:
Residential – 30 feet.
Churches and Schools – 35 feet.
D. Side Yards:
One story:
Total side yard – 15 feet
Minimum on one side – 7 feet
Minimum for the attached dwelling open side yard – 7.0 feet
More than one story:
Total side yard – 17 feet
Minimum on one side – 8 feet
Minimum for the attached dwelling open side yard – 8.0 feet
Churches and schools – 35 feet on each side.
E. Rear Yard: 35 feet.
F. Maximum Height:
Principal building if dwelling – 35 feet.
Principal building, if other than dwelling – 45 feet.
Garage – 14 feet.
Accessory building, other than garage – 12 feet.
G. Maximum Number of Stories:
Principal building – 3 stories.
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
The R-3 District is intended and designed for certain medium-density residential areas of the City now developed with one-family, two-family and multiple-family dwellings, and for areas where similar residential development seems likely to occur.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-3 District:
A. Any use permitted in the R-2 District.
B. Multiple dwellings including row dwellings consisting of not more than six units in a continuous row, and condominium dwellings.
C. Apartment hotels, provided that not more than thirty percent of all dwelling units may be used for transient occupancy.
D. Boardinghouses and rooming houses.
E. Institutions of a religious, educational, or philanthropic nature, including libraries.
F. College and universities, both public and private, including administrative buildings, classrooms, dormitories, athletic facilities, and similarly related structures, but excluding commercial trade schools and business colleges.
G. Nursing, convalescent and retirement homes.
H. College fraternities and sororities if recognized by the local college or university.
I. Private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.
2. Permitted Accessory Uses. Permitted accessory uses in the R-3 District are as follows:
A. Accessory uses permitted in and as limited in the R-2 District.
B. Beauty parlors and barbershops when conducted solely by resident occupants in their bona fide and primary residence, provided that not more than twenty-five percent of one floor shall be used for such purpose.
A. Lot Area:
One-family detached dwelling – 8,000 square feet
One-family attached dwelling – 5,000 square feet
Two-family dwelling – 10,000 square feet
Multiple-family dwelling or other permitted use containing three dwelling units – 12,500 square feet, and an additional 1,500 square feet for each dwelling unit thereafter.
B. Lot Width:
One-family detached dwelling – 65 feet
One-family attached dwelling – 40 feet
Two-family dwelling – 75 feet
Multiple-family dwelling and other permitted uses – 100 feet
Row dwelling – 85 feet minimum for up to three units, and 25 feet for each additional unit.
C. Front Yard:
Residential – 30 feet
Churches and schools – 35 feet
D. Side Yards:
One- and two-family dwelling units:
One story:
Total side yard – 15 feet
Minimum on one side – 7 feet
Minimum for an attached dwelling open side yard – 7 feet
More than one story:
Total side yard – 17 feet
Minimum on one side – 8 feet
Minimum for an attached dwelling open side yard – 8 feet
Multiple-family dwelling units:
One story:
Total side yard – 20 feet;
Minimum on one side – 8 feet;
More than one story and less than three stories:
Total side yard – 22 feet;
Minimum on one side – 9 feet;
Three stories and more up to 45 feet
Total side yard – 24 feet;
Minimum on one side – 10 feet;
Structures above 45 feet - See height regulations (paragraph F of this subsection).
Churches and schools: 35 feet on each side
E. Rear Yard: 35 feet plus one foot for each foot of building above 35 feet.
F. Maximum Height:
Principal building – 45 feet; except that for each foot that the building or a portion of it is set back beyond the required front, side and rear yards, one foot may be added to the height limit of such building or portion thereof. No building, however, shall exceed 125 feet.
Garage – 14 feet
Accessory building, other than garage – 12 feet.
G. Maximum Number of Stories:
Principal building – no limitation
Accessory building – one story
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
The R-3A District is intended to provide for the orderly development or redevelopment of tracts of land on a unit basis in order to allow a greater flexibility of land use and building locations than is allowed in the conventional R-3 District.
1. Principal Permitted Uses. Only the uses of structures or land permitted in the R-3 District shall be allowed.
2. Permitted Accessory Uses. All accessory uses permitted in and as allowed in the R-3 District shall be permitted.
3. Area and Size Regulations. Permitted lot area and yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the R-3 District or the Subdivision Ordinance of the City.
A. The minimum lot and yard requirements of the R-3 District shall not apply, except that the minimum front yard specified in said district, or suitable screening or buffering, shall be provided around the boundaries of the development. In the absence of an appropriate physical barrier, the Council and Commission may require that open space or screenings be located along all or a portion of the development boundaries. The height requirements of the R-3 District shall apply.
B. Spaces of off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
C. All public streets, water mains, sanitary sewer, and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.
D. Any land gained within the development because of the clustering of dwelling units or structures as permitted in this section may be dedicated to the City or retained in private ownership as common land. The dedication of land to the City shall be referred to the park board for recommendation and report. Common land, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.
E. The maximum number of dwelling units per acre shall not exceed the maximum allowed in the R-3 District.
4. Petition to Develop; Preliminary Site Plan Required. The owner or owners of any tract of land may petition the Council, in accordance with the provisions of Section 196.04 of this Zoning Ordinance, for a change to the R-3A zoning district classification. Said petition shall be accompanied by 15 copies of the preliminary site plan of the proposed development, showing in schematic form the location of all the following:
A. Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
B. Parking areas;
C. Access drives;
D. Streets abutting or within the proposed development;
E. Walks;
F. Site topographic features;
G. Landscaping and planting areas;
H. Required peripheral yards;
I. Common land, recreation areas and parks;
J. Existing and proposed utilities and easements.
5. Commission Review. The petition and all attachments shall be referred to the Plan and Zoning Commission for study and report after public hearing. The Commission shall review the conformity of the proposed development with the standards of the comprehensive plan and with recognized principles of civic design, land use planning, and landscape architecture. After public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the petitioner amend the plan to preserve the intent and purpose of this Zoning Ordinance.
6. Council Review. The petition and preliminary plan along with the Commission’s recommendations on the request for rezoning shall then be referred to the Council. The Council, after public hearing, may approve or disapprove the preliminary plan and request for rezoning, as reported, or may require such changes as are necessary to preserve the intent and purpose of this Zoning Ordinance.
7. Final Site Plan and Final Plat Required.
A. If the Council approves a preliminary plan and request for rezoning, the applicant shall submit 15 copies of a final site plan and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the R-3A Final Site Plan, showing in detail the location of all the following:
(1) Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
(2) Parking areas;
(3) Access drives;
(4) Streets abutting or within the proposed development;
(5) Walks;
(6) All proposed walls and fences;
(7) Landscaping and plant material;
(8) Required peripheral yards;
(9) Common land, recreation areas, and parks;
(10) Existing and proposed utilities and public easements;
(11) Storm and sanitary sewer lines;
(12) Water mains.
(13) Any additional information the Department Director determines is required to evaluate the proposed R-3A plan.
B. If the proposed development includes common land which will not be dedicated to the City, the final site plan shall be accompanied by the documents as required in subsection 191.08.
C. A final plat shall be submitted with the final site plan. The plat shall show building lines, lots, and/or blocks, common land, any park land, streets, easements and other applicable items required by Chapter 200 Subdivision Regulations of this Code of Ordinances. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the Polk County Clerk and Recorder.
8. Final Site Plan Approval .
A. The final site plan and required documents shall be reviewed by the Commission for compliance with the provisions set forth in subsection 3 of this section and substantial compliance with the preliminary site plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final site plan and approve it if it complies with the provisions set forth in subsection 3 and is in substantial compliance with the preliminary site plan.
B. In the event that the owner or owners fail to submit a final site plan in substantial compliance with the preliminary site plan within two years after Council approval of the preliminary plan, the Council may, on its own motion, cause the property to be rezoned to its original classification in accordance with the provisions of Section 196.04 of this Zoning Ordinance.
C. No building permits shall be issued for any structure within the district to be constructed in variance with the final site plan, unless specifically authorized by appropriate Council resolution.
9. Development; Single-Family Dwellings. In areas of the proposed development which will be developed with unattached, single-family dwellings only, the owner may designate arrangements of lots and/or blocks to be developed in accordance with R-1, R-2, or R-3 District zoning requirements. Such designation shall be noted on the preliminary site plan, final site plan, and the final plat. Said property shall be developed in accordance with the requirements of the zoning district specified, and it shall not be necessary to show the locations of buildings, garages, parking areas, access drives, landscaping areas, walls, patios, and/or fences on the preliminary site plan, or on the final site plan for designated areas.
The R-5 District is intended and designed to provide for certain medium-density residential areas of the City now developed with mobile home parks, which by reason of their design and location are compatible with surrounding residential areas and areas where similar development seems likely to occur.
1. Occupancy Outside Park Restricted. It is unlawful to use or occupy a mobile home as a dwelling place outside a mobile home park, unless such mobile home has been converted to real estate as provided by State law and meets with all the requirements of the building, plumbing, health, sanitary, electrical, and zoning ordinances of the City.
2. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-5 District.
A. Any use permitted in the R-2 District.
B. Mobile home park, in accordance with the provisions of subsection 5 of this Section 192.08.
3. Permitted Accessory Uses. Permitted accessory uses in the R-5 District are as follows:
A. Accessory uses permitted in and as limited in the R-2 District.
B. Service buildings as required by subsection 5 below.
A. For any permitted use excepting a mobile home park, the minimum requirements shall be the same as those set out for the R-2 District.
B. For any mobile home park, the requirements shall be as follows:
(1) The minimum total area shall be three (3) acres.
(2) Each yard abutting on a public street shall be considered a front yard and shall be a minimum of 50 feet.
(3) All other yards, whether side or rear, shall be a minimum of 50 feet when adjacent to any other R district and 30 feet when adjacent to a C or M district.
(4) The minimum mobile home space excluding yard requirements shall measure at least 50 by 80 feet.
(5) Mobile homes shall be located on each space so that there will be at least a 20-foot clearance between each mobile home; a 10-foot open space between the mobile home, including any permanently enclosed appendage and any driveway, walkway or mobile home space boundary; and a 10-foot open space at the rear of the mobile home.
5. Mobile Home Park Storm Shelters.
A. General Requirements. Every mobile home park of ten or more mobile home spaces which is constructed after the effective date of the ordinance codified in this section shall be provided with above or below-grade storm shelters which shall:
(1) Have a minimum floor area of seven square feet (7 SF) for each mobile home space in said mobile home community;
(2) Be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Engineer, Building Official or licensed structural engineer or architect;
(3) Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain;
(4) Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the applicable City and State currently adopted construction and installation codes;
(5) Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA);
(6) Be located no farther than 1,320 linear feet from the furthest mobile home space in the mobile home community;
(7) Provide area for the parking of cars of residents who drive to the facility. This is not intended to require a structure built solely as a shelter to provide a paved parking lot.
B. Additions to Existing Mobile Home Parks. For any addition of ten or more mobile home spaces to any existing mobile home park, a storm shelter which complies with the general requirements of paragraph A of this subsection shall be provided to serve such additional spaces. For any addition of fewer than ten mobile home spaces to an existing mobile home park which otherwise complies with the requirements of subparagraph (1) or (6) of paragraph 5A, there is no requirement that an additional shelter be provided to serve such additional spaces. Provided, however, when two or more such additions of fewer than ten mobile home spaces results in a cumulative addition of ten or more mobile home spaces to a mobile home park which otherwise complies with the requirements of said subparagraphs, a storm shelter which complies with the general requirements of paragraph 5A of this subsection shall be provided to serve such additional spaces.
C. Restroom Facilities. Restroom facilities in required storm shelters are not mandatory. When restrooms are installed, toilets may be either flush-type operating from normal water supply, chemical, or other approved types.
D. Access to Shelters. The mobile home park owner, or such owner’s designated agent or representative, shall be responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of paragraph 5(A)(1) of this section.
E. Existing Nonconforming Mobile Home Parks. Any mobile home park of ten or more mobile home spaces which has an existing above or below-grade storm shelter as of the effective date of the ordinance codified in this section which does not conform with the requirements of this section, shall be deemed a nonconforming mobile home park with regard to the requirements for storm shelters and may continue to exist as a nonconforming mobile home park for so long as said existing shelter remains in place and usable; provided, however, that any mobile home spaces added to such park after the effective date of the ordinance codified in this section shall require storm shelters as provided in paragraph 5B of this section.
6. Petition to Develop.
A. Each petition for a change to the R-5 Zoning district classification submitted to the Council shall be accompanied by a mobile home park plan. Said plan shall show each mobile home space, the water, electrical and sewer lines or septic tank location serving each trailer space, the location of garbage cans, water hydrants, service buildings, driveways, walkways, recreation areas, required yards, parking facilities, lighting, and landscaping.
B. The plan shall be considered by the Plan and Zoning Commission and the Council, who may approve said plan or require such changes thereto as are deemed necessary to effectuate the intent and purpose of this section.
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