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The C-1 District is intended to provide for the convenience shopping of persons living in neighborhood residential areas and for general uses and activities of a retail and personal service character. Only those uses are permitted which are necessary to satisfy the local needs which occur so frequently as to require commercial facilities in proximity to residential areas. In addition, low-intensity business and professional offices are permitted.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-1 District:
A. Any uses permitted in the R-3 District, provided that any new residential uses shall be located only in mixed use buildings that also contain, usually on the first floor, other allowable commercial or office uses.
(Ord. 2054 - Apr. 21 Supp.)
B. Retail businesses or service establishments, such as the following:
(1) Antique shops,
(2) Apparel shops,
(3) Art shops,
(4) Automotive stores for the retail sale of automotive parts, supplies and accessories; provided, that all merchandise sold or services performed shall be within an enclosed building or structure, and specifically excluding body and fender shops, automotive repair shops, and junk shops or junkyards,
(5) Baby and children stores,
(6) Bakeries or bakery outlets - retail sales only,
(7) Banks, savings and loan associations, and similar financial institutions,
(8) Bicycle shops, sales and repairs;
(9) Bookstores,
(10) Camera stores,
(11) Clothes cleaning and laundry pickup stations,
(12) Collection offices of public utility companies,
(13) Confectionery stores, including ice cream or snack bars,
(14) Dairy stores - retail only,
(15) Dance studios and physical culture establishments,
(16) Delicatessens,
(17) Drugstores,
(18) Dry goods stores,
(19) Florist shops and greenhouses,
(20) Funeral homes and mortuaries,
(21) Furniture stores,
(22) Gas stations, including minor automobile repairs as accessory but not principal use,
(23) Gift shops,
(24) Grocery stores including supermarkets,
(25) Hardware stores,
(26) Hobby shops,
(27) Household appliances sales and repair,
(28) Jewelry stores and watch repair shops,
(29) Key shops,
(30) Launderettes, coin-operated dry-cleaning establishments, and dry-cleaning or pressing establishments using only nonflammable solvents,
(31) Locker plants for storage and retail sales only,
(32) Leather goods stores,
(33) Music stores,
(34) Music studios,
(35) Paint and wallpaper stores,
(36) Photographic studios,
(37) Post office substations,
(38) Radio and television sales and repair shops,
(39) Restaurants,
(40) Shoe and hat repair shops,
(41) Sporting goods stores,
(42) Tailor and dressmaking shops,
(43) Theaters,
(44) Toy stores,
(45) Variety stores,
(46) Bowling alleys,
(47) Taverns and lounges, provided that such establishments are not located within 300 feet from a church, school or R-1 zoning district; and provided further, that the tavern or lounge is housed in a building or shopping center which is occupied by other retail businesses or service establishments.
(48) Preschool and child day care centers, subject to the following provisions:
a. The childcare center/preschool shall have 35 square feet per child of usable indoor floor space maintained in a clean and sanitary manner; when floor space occupied by cribs is counted as usable floor space, there shall be 40 square feet of floor space per child in those rooms. Kitchens, bathrooms, and halls may not be counted in the square footage per child or used as regular program space.
b. There shall be 75 square feet of outdoor recreation area per child using the space at any given time. Such space shall be located in the side or rear yard and be totally enclosed by a fence of no less than 42 inches in height.
c. There shall be adequate off-street area for traffic circulation allowing child drop-off and pick-up activity entirely in the property.
C. Combinations of the above uses.
D. Business and professional offices supplying commodities or performing services primarily for residents of the neighborhood.
2. Permitted Accessory Uses. Permitted accessory uses in the C-1 District are as follows:
A. Accessory uses permitted in the R-3 District.
B. Storage of merchandise incidental to the principal use, but not to exceed forty percent of the floor area used for such use.
A. Lot Area: Same as required in the R-3 District for residential uses. No minimum requirement for any other permitted uses.
B. Lot Area Per Dwelling Unit: Same as required in R-3 District.
C. Lot Width: Same as required in R-3 District for residential uses. No minimum requirement for any other permitted uses.
D. Front Yard: 35 feet.
E. Side Yards: Same as required in R-3 District for residential uses. No minimum requirements for any other permitted uses, except when adjoining any R district, in which case, 25 feet. Any side yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
F. Rear Yard: 40 feet. Any rear yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
G. Maximum Height: 35 feet.
H. Maximum Number of Stories:
Residential uses – 3 stories;
All other permitted uses – 2 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 C-2 District is intended to provide for major retail shopping areas outside the downtown area. These districts include, as well, much of the strip commercial property existing along the major streets and highways of the City. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile-traveling consumer.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-2 District:
A. Any use permitted in the C-1 District.
B. Retail, service or recreational uses, such as the following:
(1) Animal hospitals, veterinary clinics or kennels, provided that any exercising runway is at least 200 feet from any R District boundary.
(2) Automobile accessory stores.
(3) Automobile, trailer, motorcycle, boat and farm implement establishments for display, hire, rental and sales (including sales lots); including, as incidental to these major uses, all repair work in connection with their own or customers’ vehicles, but not including uses in which the major source of revenue is from body and fender work. In addition, this paragraph shall not be construed to include automobile, tractor or machinery wrecking and rebuilding, and used parts yards.
(4) Ballrooms and dancehalls.
(5) Billiard parlors and pool halls.
(6) Bookbinding.
(7) Bowling alleys.
(8) Business or secretarial schools or colleges, commercial trade schools, or other commercially operated schools for adults.
(9) Carpenter and cabinet-making shops for retail custom work.
(10) Commercial baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf courses, trampoline centers and similar recreational uses and facilities.
(11) Department stores.
(12) Drive-in restaurants.
(13) Exterminator sales.
(14) Drive-in theaters.
(15) Printing and publishing houses.
(16) Hotels, with no minimum density requirements.
(17) Transportation passenger terminals, including bus stations, railroad passenger stations or other passenger terminals.
(18) Laundries.
(19) Labor union offices, including assembly halls.
(20) Lawn mower repair shops.
(21) Lumberyards, retail only.
(22) Monument sales yards.
(23) Motels, motor hotels, and tourist courts with no minimum density requirements.
(24) Office buildings.
(25) Packaged-goods stores for the sale of alcoholic beverages.
(26) Pet shops, including aquariums.
(27) Photographic printing or developing establishments.
(28) Plumbing and heating shops.
(29) Printing and lithographing shops.
(30) Parking garages and parking lots.
(31) Health establishments.
(32) Public auction rooms.
(33) Radio or television studios.
(34) Sheet metal shops.
(35) Sign painting shops.
(36) Taverns and nightclubs, including private clubs.
(37) Upholstering shops.
(38) Used car sales lots.
(39) Garage for general motor vehicle repair.
(40) Automobile washing establishments.
(41) Buildings or structures designed and used solely for the purpose of leasing interior storage space for the storage of personal property owned by persons, firms or corporations who are not owners of such buildings or structures, and who do not occupy by lease or otherwise more than 1,000 square feet of the leasable space of such structure. The owner is restricted as the above-mentioned lessee. Outdoor storage, the storage of earth moving equipment, the storage of contractor’s equipment, and the storage of livestock or livestock feed is specifically prohibited.
(42) Any highway-oriented business not otherwise listed in this section which compounds, processes, packages or treats bakery goods, candy, spices, or other food products, and sells the same to the general public at the same location, subject to the following conditions:
a. The owner or owners of any tract of land may petition the Council to authorize such use. The petition shall be accompanied by a preliminary site plan of the proposed development, which shall contain those items set forth in Sections 192.06(4) through (8). The petition and attachment shall be referred to the Plan and Zoning Commission for study and report. The Commission may approve or disapprove the plan or require that the petitioner amend the plan to preserve the intent and purpose of this zoning district. The plan, along with the Commission’s recommendations on such use, shall then be referred to the City Council which may, after notice and public hearing, approve, disapprove, or amend the plan.
b. No building permit shall be issued until the plan has been given final approval by the Council.
(Former #43 Deleted by Ord. 1688 - Jan. 11 Supp.)
(43) Pawnbrokers as defined, permitted and regulated in Chapter 141 of the Municipal Code.
(Ord. 1743 - Jan. 13 Supp.)
2. Permitted Accessory Uses. Permitted accessory uses in the C-2 District are as follows:
A. Accessory uses permitted in the C-1 District.
A. Lot Area: Same as required in the C-1 District.
B. Lot Area Per Dwelling Unit: Same as required in the C-1 District.
C. Lot Width: Same as required in the C-1 District.
D. Front Yard: Same as required in the C-1 District.
E. Side Yard: Same as required in the C-1 District.
F. Rear Yard: Same as required in the C-1 District.
G. Maximum Height: 45 feet.
H. Maximum Number of Stories:
Multiple dwelling uses – 4 stories;
All other permitted uses – 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 C-2A District is intended to provide for a concentration and variety of retail stores, professional offices and service activities located within the Central Business District. It is intended that this district be limited to the S.W. 3rd Street business area.
1. Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-2A District: any use permitted in and as limited in the C-2 District.
2. Permitted Accessory Uses. Permitted accessory uses in the C-2A District are as follows: accessory uses permitted in and as limited in the C-2 District.
A. Lot Area: Same as required in the C-2 District.
B. Lot Area Per Dwelling Unit: Same as required in the C-2 District.
C. Lot Width: Same as required in the C-2 District.
D. Front Yard: No minimum requirement.
E. Side Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.
F. Rear Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.
G. Maximum Height: Same as required in the C-2 District.
H. Maximum Number of Stories: Same as required in the C-2 District.
4. Off-Street Parking and Loading. There are no minimum requirements for off-street parking and loading in the C-2A District.
5. Minimum Open Space. There is no minimum requirement for open space in the C-2A District.
6. Alterations or Modifications. Notwithstanding the provisions of paragraphs D, E and F of subsection 3, and subsections 4 and 5 of this section, no building structure, parking lot, side yard, front yard, rear yard, parking or loading area shall be altered or modified if such property, as a result of such modification or alteration, will not comply with the minimum requirements set forth in subsection 3; provided, however, the reconstruction, remodeling or repair of any building or structure shall not be deemed to be an alteration or modification under the provisions of this section, unless such reconstruction, remodeling or repair increases the exterior dimensions of such building or structure.
The C-3 District is designed to provide for the general commercial needs of the highway traveling public. It is intended that this district be located only at major highway and street intersections.
1. Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-3 District:
A. Retail, service or recreational uses, such as the following:
(1) Automobile accessory stores.
(2) Barbershops and beauty parlors.
(3) Bowling alleys.
(4) Car washes.
(5) Drugstores.
(6) Gas stations, including minor automotive repairs as accessory but not principal use.
(7) Gift shops.
(8) Grocery stores.
(9) Miniature golf courses and golf driving ranges.
(10) Motels and motor hotels.
(11) Offices, business and professional.
(12) Restaurants, including drive-in restaurants.
(13) Self-service laundry and dry-cleaning establishments.
(14) Swimming pools.
(15) Taverns, bars and nightclubs.
(16) Travel and tourist information centers.
(17) Travel trailer campgrounds, and those areas established to provide overnight transient facilities on a fee basis, but not to include the permanent or semi-permanent installation of mobile homes.
(18) Sexually Oriented Businesses as regulated in Chapter 140 of the Municipal Code.
(Ord. 1688 - Jan. 11 Supp.)
B. Combinations of the uses listed in paragraph A of this section.
2. Permitted Accessory Uses. Permitted accessory uses in the C-3 District are as follows:
A. Use of land or structures customarily incidental and subordinate to one of the permitted principal uses.
A. Lot Area: No minimum requirement.
B. Lot Width: No minimum requirement.
C. Front Yard: The front yard shall not be less than 75 feet.
D. Rear Yard: Same as required in the C-1 District.
E. Side Yard: No minimum required except, when adjoining an R district, the minimum shall be 25 feet.
F. Building Height: The maximum building height shall not exceed 45 feet.
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
The M-1 District is intended and designed to provide areas of the City suitable for activities and uses of a light industrial nature. Such districts do not require the high standards of M-3 Districts but still require protection from the less restrictive uses permitted in the M-2 District. It is not intended that any new residential development be permitted in the M-1 District.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the M-1 District:
A. Any use permitted in the M-3 District.
B. Any use permitted in the C-2 District, except that no new residential or multiple dwelling uses shall be permitted, unless accessory to a permitted principal use.
C. Automobile assembly.
D. Bag, carpet, and rug cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
E. Bakeries.
F. Welding or other metal-working shops.
G. Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors, storage and sale of livestock feed (provided dust is effectively controlled), and storage yards for vehicles of a delivery or draying service.
H. Carting, express hauling or storage yards.
I. Circus, carnival or similar transient enterprise; provided, such structures or buildings shall be at least 200 feet from any R district.
J. Coal yard, coke yard or wood yard.
K. Concrete mixing, concrete products manufacture.
L. Cooperage works.
M. Creamery, bottling works, ice cream manufacturing (wholesale), ice manufacturing and cold storage plant.
N. Enameling, lacquering or japanning.
O. Foundry casting lightweight nonferrous metals or electric foundry not causing noxious fumes or odors.
P. Experimental, film or testing laboratories.
Q. Livery stable or riding academy.
R. Machine shop.
S. Manufacture of musical instruments and novelties.
T. Manufacture of pottery or other ceramic products, using only previously pulverized clay.
U. Manufacture or assembly of electrical appliances, instruments, and devices.
V. Manufacture and repair of electric signs, advertising structures, and sheet metal products, including heating and ventilating equipment.
W. Milk distributing station other than a retail business conducted on the premises.
X. Sawmill and planing mill, including manufacture of wood products not involving chemical treatment.
Y. The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products, except fish and meat products, cereals, sauerkraut, vinegar, yeast, stock feed, flour; and the rendering or refining of fats and oils.
Z. The manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood.
AA. Automobile body or fender repair shop, but not including automobile wrecking or used parts yards.
BB. Lumberyards and building materials sales yards.
CC. Vulcanizing, retreading and recapping of tires.
DD. Truck rental establishments.
EE. Warehousing and storage, retail or wholesale.
2. Permitted Accessory Uses. Permitted accessory uses in the M-1 District are as follows:
A. Accessory uses customarily incidental to a permitted principal use.
3. Prohibited Uses; Outdoor Storage Requirement.
A. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or water-carried waste.
B. Outdoor storage of equipment not intended for over-the-road or rail use, supplies (or materials) intended for refabrication, waste materials, industrial by-products, or items intended for junk yards shall be so located and screened, fenced or landscaped to comply with a type “C” opaque screen as described in paragraph 194.02(3)(C) of this Zoning Ordinance to effectively prevent visibility of such storage from all adjoining property lines and street right-of-way lines.
C. In the event that the property owner and Department Director disagree regarding whether or not any site must be screened, the property owner may appeal to the Board of Adjustments in accordance with the provisions of Section 197.01(3) of this Zoning Ordinance.
A. Front Yard: 50 feet.
B. Side Yard: None required, except when adjacent to any Residential district or street right-of-way line, in which case – 50 feet.
C. Rear Yard: 40 feet. Where a railroad right-of-way line lies immediately adjacent to the rear of a lot, the rear yard requirements need not apply.
D. Maximum Height: 75 feet.
E. Maximum Number of Stories: 5 stories.
5. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions in Section 194.01 of this Zoning Ordinance.
The M-2 District is intended and designed to provide areas of the City for activities and uses of a heavy industrial character. Since this district is the least restrictive of any district, almost any use is permissible with the exception of a small number of uses which, by reason of certain undesirable characteristics, are permitted subject to approval by the Board of Adjustment in accordance with appropriate safeguards. In addition, no residential uses are permitted.
1. Principal Permitted Uses. A building or premises may be used for any purpose whatsoever, provided the following regulations are met:
A. No occupancy permit shall be issued for any use in conflict with any ordinance of the City or law of the State regulating nuisances.
B. No occupancy permit shall be issued for any dwellings, school, hospital, clinic, or other institution for human care, except where incidental to a permitted principal use.
C. The uses listed in Paragraph D of this section shall be permitted through a Special Use Permit as provided for in Section 196.02 of the Ankeny Municipal Code, issued after public hearing and approval by the Board of Adjustment. In its determination upon the particular uses at the location requested, the Board of Adjustment shall consider all of the following provisions:
(Ord. 1917 – Aug. 17 Supp.)
(1) The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property.
(2) Such use shall not impair an adequate supply of light and air to surrounding property.
(3) Such use shall not unduly increase congestion in the streets or public danger of fire, and shall not endanger the public safety.
(4) Such use shall not diminish or impair established property values in adjoining or surrounding property.
(5) Such use shall be in accord with the intent, purpose and spirit of this Zoning Ordinance and the comprehensive plan of the City.
D. The uses subject to the provisions of paragraph C of this section are as follows:
(1) Abattoirs and slaughterhouses or stockyards.
(2) Acid manufacture or wholesale storage of acids.
(3) Automobile, tractor or machinery wrecking and used parts yards, provided any wrecking operation is carried on within a building completely enclosed with walls and roof and the yard completely enclosed with a wall or fence, reasonably maintained and at least six feet high, completely obscuring the activity. There shall be only one opening in the wall or fence facing any public street for each 200 feet of length.
(4) Cement, lime, gypsum or plaster of paris manufacture.
(5) Distillation of bones.
(6) Explosive manufacture or storage.
(7) Fat rendering.
(8) Fertilizer manufacturing.
(9) Garbage, offal or dead animal reduction or dumping.
(10) Gas manufacture and cylinder recharging.
(11) Glue, size, or gelatin manufacture.
(12) Junk, iron or rags, storage or baling, and wastepaper yards, where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence not less than six feet in height and completely obscuring the activity.
(13) Refining or wholesale storage of petroleum or its products, and asphalt plants.
(14) Rubber goods manufacture.
(15) Sand or gravel pits.
(16) Smelting of tin, copper, zinc or iron ores.
(17) Transmitting stations.
(18) Wholesale storage of gasoline.
E. The following uses are allowed in the M-2 District outright and without approval of a Special Use Permit.
(1) Fireworks Retail Sales Facility, pursuant to the regulations of the Code of Iowa.
(Ord. 1925 - Nov. 17 Supp.)
2. Required Conditions. Required conditions in the M-2 District are as follows:
A. The best practical disposal of refuse matter or water-carried waste shall be employed, and the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisances shall be required.
B. All principal or accessory structures housing a use permitted only in the M-2 District shall be located at least 200 feet from any R or C-1 district and not less than 100 feet from any other district except an M-1 District.
C. Outdoor storage of equipment not intended for over-the-road or rail use, supplies (or materials) intended for refabrication, waste materials, industrial by-products, or items intended for junk yards shall be so located and screened, fenced or landscaped to comply with a type “C” opaque screen as described in paragraph 194.02(3)(C) of this Zoning Ordinance to effectively prevent visibility of such storage from all adjoining property lines and street right-of-way lines. In the event that the property owner and Department Director disagree regarding whether or not any site must be screened, the property owner may appeal to the Board of Adjustment in accordance with the provisions of Section 197.01(3) of this Zoning Ordinance.
A. Front Yard: 50 feet.
B. Side Yard: 9 feet required, except when adjacent to any street right-of-way line, in which case 50 feet.
C. Rear Yard: 40 feet, except that where a railroad right-of-way lies immediately adjacent to the rear of a lot, the rear yard requirement need not apply.
D. Maximum Height: No limitation.
E. Maximum Number of Stories: No limitation.
4. Off-Street Parking and Loading. Spaces for off-street parking and loading in the M-2 District shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
The M-3 District is intended and designed to provide for increased flexibility in the location of certain manufacturing and industrial uses while maintaining protection for nearby residential districts. It allows selected industries of a non-nuisance character to locate in areas near residential uses. The M-3 District is characterized by large lots, with landscaped grounds and ample provision for off-street parking and loading spaces, and structures generally one or two stories in height.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the M-3 District; provided, however, all manufacturing, assembling, compounding, processing, packaging or other comparable treatment, including storage of any and all materials and equipment, shall take place within completely enclosed buildings, except for parked motor vehicles and off-street parking and loading as required by Section 194.01 of this Zoning Ordinance. In addition, all open areas not used for off-street parking or loading shall be planted with grass, properly maintained, and kept free from refuse and debris.
A. Assembly of small electrical appliances, small industrial and electronic instruments and devices, radios, phonographs and television sets, including the manufacture of small accessory parts only such as coils, condensers, transformers, crystal holders and similar products.
B. Commercial trade schools and business colleges, including dormitory facilities.
C. Compounding and packaging of drugs, pharmaceuticals, cosmetics, perfumes and toiletries.
D. Research, experimental and testing laboratories.
E. Manufacturing, assembling, compounding, processing, packaging or other comparable treatment of the following:
(1) Bakery goods, candy and food products.
(2) Cameras and other photographic equipment.
(3) Electric and neon signs, outdoor advertising signs.
(4) Medical, dental, and drafting instruments.
(5) Musical instruments, toys, novelties, and rubber and metal hand stamps.
(6) Pottery and other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.
(7) Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, rope, cord, twine, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, cardboard, plastics, natural and synthetic rubber, precious or semiprecious metals or stones, shells, textiles, tobacco, wax, wood, yarns, light metal mesh, pipe, rods, strips or wire.
(8) Small precision instruments, such as barometers, clocks, watches, and compasses.
F. Office buildings.
G. Printing, lithographing or film processing plants.
H. Radio and television broadcasting stations and studios, but not including antennas or towers.
I. Warehouses for storage of merchandise or material in connection with the uses permitted in this district only.
2. Permitted Accessory Uses. Permitted accessory uses in the M-3 District are as follows:
A. Accessory uses of land or structures customarily incidental and subordinate to any of the principal uses set forth in subsection 1.
B. Dwelling for any watchman or caretaker.
C. Employee cafeteria or other food concession in conjunction with a permitted use.
A. Front Yard: 50 feet.
B. Side Yard: two side yards, each 10 feet wide or one side yard 20 feet wide; provided, however, where adjacent to an R district on the street right-of-way line, 50 feet.
C. Rear Yard: 50 feet.
D. Maximum Floor Area Ratio: One to one.
E. Maximum Height: 35 feet.
F. Maximum Number of Stories: two stories.
The purpose of this district is to promote and encourage development or redevelopment of tracts of land on a planned, unified basis by allowing greater flexibility and diversification than is normally permitted by conventional single lot development in other zoning districts because of the substantial public advantages of planned development. Although Planned Unit Developments (PUDs) may appear to deviate in certain respects from a literal interpretation of the comprehensive plan, regulations adapted to such unified planning and development are intended both to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use through an improved level of amenities, appropriate and harmonious variety, creative design, and a better living environment.
1. Where Permitted. Planned Unit Developments shall be permitted on any two-acre or larger tract of land that has been zoned or rezoned for PUD purposes by the Council. Said PUDs may consist of residential, commercial, industrial, public, semi-public and/or conservancy land uses.
2. Procedure.
A. Pre-application Conference. In order to eliminate unnecessary expenditures of time and money, the developer shall first schedule a pre-application conference with the Department Director, who shall involve representatives of other departments as deemed appropriate. The Department Director may require submittal of a generalized sketch plan providing such information as follows:
(1) Location and size of the overall site, and of the individual types of development or uses proposed within the site.
(2) Existing topography, indicating major earthwork areas, storm water runoff and detention considerations, flood plains, and any problem areas.
(3) Existing tree masses, geological and environmentally important characteristics.
(4) Generalized vehicular and pedestrian systems and parking areas.
(5) Generalized building locations.
(6) Approximate gross density, and number and types of dwelling units in accordance with the comprehensive plan; approximate gross floor areas of commercial and industrial land use.
(7) Generalized utility line considerations with sanitary sewer capacity limitations so noted.
(8) Generalized public and private ownership boundaries, including common ownership areas, if any.
The Department Director shall have fifteen days in which to review and comment on the pre-application sketch plan. Following the department’s review, the developer may request an informal consideration of the proposal by the Plan and Zoning Commission. Said consideration shall be non-binding on either party.
B. Application for Rezoning. Following the pre-application conference the applicant shall submit a petition for rezoning in accordance with standard City procedures for rezoning, accompanied by a master plan and related documents containing the information required by other paragraphs of this section, and required fees. The petition and master plan shall be referred to the Plan and Zoning Commission for study and report, and for public hearing as required by this Zoning Ordinance for rezoning. The Commission shall review the master plan for conformity to the standards of this section, and may approve the plan as submitted; require the petitioner to modify, alter, adjust, or amend the plan as deemed necessary to preserve the intent and purpose of this section to promote public health, safety, morals and general welfare; or recommend that it be denied. The action of the Commission shall be reported to the City Council, whereupon the Council may approve or disapprove the petition and master plan as reported or may require such changes thereto as deemed necessary to effectuate the intent and purpose of this section. All public hearings shall be scheduled as soon as possible after all required information has been submitted. The Commission shall report their findings to the Council in a timely manner. In the event they fail to take action within sixty days after the date of public hearing, the petitioner or anyone located within the notification area as defined for rezonings may request in writing that the Commission complete their considerations. The Commission shall then take action within the next thirty days and report their findings to the Council for consideration by the Council, unless the Council expressly grants the Commission additional time to complete negotiations, studies, or other items necessary.
C. Final Plans. Final plans for the Planned Unit Development shall be comprised of site plans and/or preliminary and final subdivision plats as appropriate to the situation due to requirements of the site planning and subdivision ordinances or specific provisions of the master plan. Such site plans and plats shall contain all information and be processed in the manner set forth in said ordinances, in addition to complying with any specific provisions of the master plan, and shall generally comply with the development concepts outlined in the master plan. No public notice or hearing shall be required for final plans unless required by the master plan or caused to be required by the Commission or Council as deemed appropriate, provided that deviation from the master plan may be permitted as refinements to the design and planning if not defined by this Zoning Ordinance as a substantial modification requiring amendment to the master plan. Such deviations shall be expressly set out and shall be approved by the Commission and Council. Final plans may cover all or part of the Planned Unit Development, provided that a final plan covering only a part of a PUD is hereby defined as a phase irrespective of contrary provisions by the master plan and shall demonstrate the ability to be self-sustaining in terms of access, services, utilities, open space, economic viability, and other major considerations. If it is the desire of the petitioner, preliminary plat and/or final site plan approval may be obtained at the time of master plan approval by expressly declaring such intent and filing all information required by the subdivision and site planning ordinances. Final site plan approval shall not be granted for an unplatted parcel. Upon approval of final plans, building permits shall be issued in the same manner as for building permits generally. In any event where platting is required, no building permits shall be issued until the final plat is approved and recorded and all other requirements complied with. Final plans shall be binding on the petitioner and any and all successors in title so long as PUD zoning applies to the land, unless amended in accordance with the procedures set forth.
D. Amendments or Modifications. Substantial modification to the master plan shall be processed in the same manner as a rezoning and additionally shall comply with the provisions of paragraph B above. Notice and public hearing requirements and the effect of a denial shall be the same as for a rezoning, provided that the notification area shall be those property owners legally required to be notified as opposed to the entire PUD. Further provided, in the event a requested amendment for a portion of the entire PUD is denied, such action shall not create any limitations under rezoning procedure on the filing of an amendment to another portion of the PUD having a substantially different notification area. Any ambiguities or disputes between this section and procedures for rezoning shall be resolved in favor of the more restrictive requirements. Substantial modifications are hereby defined to include, but are not limited to, the following: increased density; intensification of use by changing to a lower classification, with conventional single family being the highest classification and progressing to attached single family, multiple family, commercial offices, retail, warehousing, and light industry, to heavy industry; addition of uses, or elimination of conditions or restrictions on a use or uses; increased floor area ratios, or other modifications considered probable to generate increased traffic, sewage, water consumption, or other detrimental conditions; significant modifications to peripheral buffering or screening, setbacks, height, locations of buildings, drives, or other improvements, which were intended for protection of proximate properties, provided that substitution of equivalent screening materials shall not be considered a substantial modification; modifications to the street pattern, such as that of major streets or continuations of existing streets, which will have a demonstrable impact on traffic flow such as to effectively change the functional classification of the street; modifications to access which may lead to increased congestion, or to additional commercial or industrial traffic on a local residential street; or other changes deemed substantial by the Department Director. Modifications to final plans shall follow the procedures of the site planning or subdivision ordinances, as appropriate, except in the case of a substantial modification as defined above.
3. Information Required on Master Plan. The following information, plans and maps shall be submitted as part of the application for a Planned Unit Development:
A. Names, addresses, and telephone numbers of owners, developer, and designer; name of development, date, north point, and scale.
B. Legal description of the PUD, and map of the boundary of the proposed PUD as well as interior boundaries of proposed development phases, and of any existing separate ownerships.
C. Sufficient information on adjacent properties to indicate relationships to the proposed development, including such information as land divisions, land use, pedestrian and vehicular circulation, significant natural features or physical improvements, and drainage pattern.
D. Existing site conditions including contours at intervals sufficient to indicate topographic conditions (generally two feet), drainageways and one hundred year flood plains, floodways, heavy woods or other significant natural areas, and existing structures; multiple family, commercial, and industrial structures, and recreation facilities; further delineating areas with different uses or building types, and gross density per acre.
E. General location and size of areas to be dedicated or reserved for common open space, park, schools, recreation area, and similar uses, and how any private facilities are proposed to be maintained.
F. Existing and proposed general circulation systems, including streets, pedestrian ways, and major points of access with estimated traffic generation.
G. Existing and proposed general sanitary and storm sewer systems, water mains, and drainage ways.
H. Proposed development standards, including but not limited to, uses, density, floor area ratios, or bulk regulations including open space, lot areas and widths, setbacks, and exceptions or variances from general requirements of zoning and other ordinances.
I. Estimated sewer and water usage computations in accordance with the criteria of the regulating agency.
J. Treatment of transitional zones around the perimeter of the project for protection of adjoining properties, including setbacks and landscaping areas, fences or other screening, height limitations or other provisions.
K. A narrative or graphic explanation of the planning and design concepts and objectives the owner intends to follow in implementing the proposed development, including a description of the character of the proposed development; the rationale behind the assumptions and choices made; the compatibility with the surrounding area; and design considerations for architecture, engineering, landscaping, open space and so forth.
L. A statement of intent with regard to selling or leasing all or portions of the proposed development.
M. Proposed energy conservation methods, such as siting or design or structures.
N. Proposed phasing timetable.
The above information should be shown in a clear and logical manner at a legible scale. Sheet size should not exceed 24" x 36" for paper copies and Mylar reproducible sheets. Where practical, the final document is required to be one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the PUD. Generally, existing conditions should be illustrated on a separate sheet for sake of clarity, although existing topography, access, utility and sewer lines and other items that are appropriate for understanding the proposal should also appear on the proposed development plan. It is strongly recommended that an architect, landscape architect, and civil engineer be employed to prepare the plans. The Commission or Council may require any additional information which may be needed to evaluate the proposed PUD on the basis of special or unforeseen circumstances, or may waive any of the above requirements if it is found that such information is unnecessary to properly evaluate the proposed PUD
4. Development Controls. Although PUDs are intended to promote and permit flexibility of design and thereby may involve modifications of conventional regulations or standards, certain requirements which are set forth below shall be applied to ensure that the development is compatible with the intent of this Zoning Ordinance.
A. Any use that is approved and made a part of the master plan, subject to any conditions attached thereto, shall be permitted.
B. Height, setback, bulk, and other requirements set out in the master plan shall constitute the basis for and become the zoning requirement for that particular PUD, provided that refinements may be made through final plan approval if not defined as a substantial modification; in lack of any special provisions set out in the master plan, the requirements of the most proximate zoning district, as defined by use, shall be applied.
C. Project phases shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open space, screening and transitional elements and other support features, and be capable of supporting required operation and maintenance activities; temporary provisions, such as turnarounds or access easements, may be required for this purpose; the initial phases generally should not be comprised of the most intensive portions of the PUD, unless the City concurs this is the most feasible means of developing the property in terms of access, sewer service, or similar physical constraints, or will permit earlier development of common amenities.
D. Attention shall be given to mitigation of existing or potential land use conflicts through proper orientation, open space setbacks, landscaping and screening, grading, traffic circulation and architectural compatibility. It is the intent of this section to recognize that appropriate use of design techniques will provide the required mitigation, and thereby eliminate the need for certain conventional regulations or standards. Examples of design techniques, not requirements, are: orienting views, access, and principal activities away from the land use needing protection by placing those least compatible activities farthest from the common boundary and those compatible nearest to create an effective buffer; using setbacks in conjunction with landscaping can mitigate conflicts by providing a visual buffer, controlling pedestrian access, softening visual contrast by subduing differences in architecture and bulk, and reducing heat generated by development, and the use of dense landscaping can reduce the width of physical separations needed for such purposes; the use of proper grading will control drainage, can alter views, subdue sound, and channel access; fences, walls and berms can be used to channel access and control visual, sound and light pollution; proper architectural use of color, bulk, materials and shape will enhance compatibility and reduce contrast, although details added to the building for esthetic purpose without consideration to form and surroundings may be detrimental rather than helpful; and proper design of pedestrian ways, streets and points of access and proper location of parking areas, will reduce congestion and safety hazards and help prevent introduction of noise, pollutants and other conflicts into areas with less intensive land use. Other techniques may also be used.
E. Permanent care and maintenance of common elements such as open space, recreation amenities, and others shall be provided in a legally binding form. If the common elements are to be maintained by a home owners’ association, the applicant shall file the proposed documents governing the association for review by legal counsel for compliance with the following requirements at the time the final plat or site plan is filed:
(1) Membership shall be mandatory for each buyer and any successive buyer.
(2) The open space restrictions shall be in perpetuity, or automatically renewable, and shall not terminate except by approval of both the owners’ association and the City;
(3) The owners’ association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities not dedicated to the City;
(4) Owners shall pay their pro rata share of the cost or the assessment levied by the association shall become a lien on the property;
(5) The association shall be able to adjust the assessment to meet changes needed;
(6) No change in open space use or dissolution of the owners’ association shall occur without approval by the City.
F. Performance bonds or other security acceptable to the City may be required to ensure completion of recreational amenities provided in lieu of public facilities, or for mitigating elements such as screening or public improvements.
G. Except where the City agrees to other arrangements, a PUD shall be comprised of a single owner, or a group of owners acting as a partnership or corporation with each agreeing in advance to be bound by the conditions which will be effective in the PUD.
5. Validity. In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the developer shall file appropriate information detailing the reasons for the delay with the City. The Department Director shall review the circumstances and prepare a report recommending appropriate action to be taken concerning the PUD. The Plan and Zoning Commission and Council shall review the matter, and may continue the PUD zoning with revised time limits; require that appropriate amendments be made or action taken, such amendments to comply with the procedures of this section if deemed substantial; continue with PUD zoning for part of the area, with or without revised time limits, and initiate rezoning of the remainder to an appropriate district; or initiate rezoning of the entire parcel to an appropriate district, provided that the rezoning shall not be to a zone more restrictive than the one applied immediately prior to the rezoning to PUD except after comprehensive planning analysis. The Commission and Council may schedule such public hearings as deemed appropriate. Approval of a final site plan or preliminary plat shall be deemed to commence development, provided that the permanent placement of construction materials shall have started and be proceeding without delay within two years after the date of site plan approval, and a final plat approved and filed with the Polk County Clerk and Recorder within one year after the date of preliminary plat approval in the event a site plan is not required. Failure to comply with this provision shall void the site plan and preliminary plat approvals, and make the PUD subject to review as provided above. It shall be the responsibility of the developer to comply with all prescribed time limits without notice from the City.
6. Application to Existing PUD Districts. Existing PUD districts shall comply with the requirements and provisions of this section, provided that no additional filings shall be required to maintain current valid status, and no currently expired approvals shall be deemed to have been reapproved by passage of this section. Validity of existing PUDs shall be computed according to the time limits set forth herein from the effective date of the ordinance codified in this section.
7. Fees.
A. Before any action shall be taken as provided in this section, the party or parties proposing the change shall pay the fee as established by City Council Resolution.
B. Under no condition shall said sum or any part thereof be refunded for failure of such rezoning or substantial modification to be enacted into law.
C. Site plans and subdivisions in a PUD shall be subject to the normal fees for such filings.
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