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1. Purpose. A mixed use district is intended to provide primarily industrial uses of land compatible with the airport, mixed with commercial and support retail and services. This section includes site development requirements.
2. Permitted and Conditional Uses. The base zone for the MU District is Industrial (Districts M-1, M-3, M-4). The MU District allows the flexibility of mixing compatible land uses on a site or within the same building, as approved by the Commission. Except as provided in this section, and subject to restrictions contained in this chapter, the permitted uses for the MU District include:
A. Industrial Uses. Districts M-1, M-3, M-4.
B. Commercial Uses. Commercial use within the MU District will be the same commercial uses regulated and permitted as in District C-1, C-2, or C-3. Commercial uses in the MU-1 District should primarily service the MU District.
(Subsection 2 – Ord. 2299 – Dec. 23 Supp.)
3. Prohibited Uses.
A. Residential Uses: Any type of residential use in MU Mixed Use Overlay is restricted.
B. Commercial Uses. Commercial uses listed within C-1, C-2, and C-3 that are restricted from the MU District include specialty commercial uses and destination retail/commercial uses.
4. Building Height Limit. For any permitted use, 40 feet.
5. Minimum Lot Area. For any permitted use, no minimum.
6. Minimum Lot Width. For any permitted use, no minimum.
7. Minimum Front Yard Depth. For any permitted use, 25 feet.
8. Minimum Side Yard Depth (Each Side). For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
9. Minimum Rear Yard Depth. For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
10. Off-Street Parking. In accordance with Section 175.28, except that the Council may increase or decrease the parking requirements by not more than 25 percent where the amount of vehicular traffic and/or number of customers or employees to a particular site or use warrants an increase or decrease in the amount of off-street parking spaces from the normal requirement as set forth.
11. Other Standards. Uses to be developed along the lot or project boundary lines shall not be in conflict with existing uses on adjacent or opposite properties. To this end the City may require the uses of least intensity, increased yard space, or buffer screening or fencing be located nearest the borders of the lot or project with said existing uses. Suitable screening or landscaping shall be provided along all adjacent residence boundaries to protect said properties from increased noise, glare of lighting, or other similar nuisance from the adjacent business or industrial use.
12. Site Plan Required. To assure that the layout and location of proposed industrial, commercial, or support retail/services in any MU District will be in conformity with the purposes and standards set forth for the MU District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation from the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use, and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement, and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
H. To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; (b) topography or selected elevation points to show existing grades, and proposed final grades or elevations or buildings.
13. Construction Requirements.
A. Landscaping, open space requirements, and buffers shall be required as stated within Chapter 177, Subdivision Regulations.
B. For all commercial uses within the MU District, the exterior of the front of the building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be the only two factors in making this determination.
The “U-1” District is intended to encompass certain areas of the City which are subject to flood hazard. This district is created in order to protect the public health and welfare, to lessen the burdens imposed upon the community by rescue and relief efforts occasioned by the occupancy of areas subject to flooding, and to minimize the danger to life and property which results from development undertaken without full realization of such danger. It is further the intention of this chapter that no reclassification of any lands zoned “U-1” be undertaken, unless and until suitable measures have been taken to insure that the flood hazard no longer exists, and that these measures have the approval of the City, State or Federal agencies, where required by existing legislation.
1. Uses Permitted.
A. Agriculture, truck gardening and nurseries, and the usual accessory buildings, provided that no permanent dwelling units shall be erected thereon unless the tract contains ten (10) or more acres.
B. Forests and forestry.
C. Publicly owned parks, playgrounds, golf courses, and recreational uses.
D. Any use erected or maintained by a public agency.
E. The uses hereinafter listed shall be permitted subject to approval by the Board of Adjustment after public hearing. In its determination upon the particular uses at the locations requested, the Board of Adjustment shall consider all of the following provisions.
(1) That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property;
(2) That such use shall not impair an adequate supply of light and air to surrounding property;
(3) That such use shall not unduly increase congestion in the streets, or public danger of fire, safety and flood;
(4) That such use shall not diminish or impair established property values in adjoining or surrounding property; and
(5) That such use shall be in accord with the intent, purpose and spirit of this chapter and the Comprehensive Plan of the City.
F. The uses subject to the provisions of paragraph E above are as follows:
(1) Amusement enterprises, such as race track, carnival, circus rides and shows, etc.
(2) Mining and extraction of minerals of raw materials.
(3) Airports and landing fields.
(4) Private playgrounds, golf courses and recreational uses.
(5) Public utility structures and equipment necessary for the operation thereof.
(6) Transmitting stations.
(7) Dumping of non-combustible materials for erosion control purposes.
(8) Off-premises advertising signs.
G. Accessory buildings and uses customarily incident to any of the above uses.
2. Building Height Limit, no limitation.
3. Minimum Lot Area, no limitation.
4. Minimum Lot Width, no limitation.
5. Minimum Front Yard Depth, 50 feet.
6. Minimum Side Yard Width (Each Side), 50 feet.
7. Minimum Rear Yard Depth, 50 feet.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the HM District. The HM District is intended to provide uses of land which accommodate commercial and professional uses directly associated with medical and dental treatment of human ailments.
1. Permitted Uses.
A. Hospital for treatment of humans.
B. Medical clinic.
C. Sales and service of goods and products and health related services directly related to hospital/medical facilities.
D. Doctors and/or dentists office.
E. Laboratories – medical and dental.
F. Nursing home and convalescent home.
G. Retirement home and home for the elderly.
H. One-family dwellings.
I. Two-family dwellings.
J. Multi-family dwellings.
K. Family home.
L. Accessory buildings and uses as provided and regulated herein.
M. Private parking facilities.
2. Building Height Limit. Residential uses, same as R-3 District; all other permitted uses, 5 stories or 60 feet.
3. Minimum Lot Area. For residence buildings, same as R-3 District; for any other permitted use, no minimum.
4. Minimum Lot Width. For residence buildings, same as R-3 District; for any other permitted use, no minimum.
5. Minimum Front Yard Depth. For residence buildings, same as R-3 District; for any other permitted uses, 25 feet.
6. Minimum Side Yard Width. For residence buildings, same as R-3 District; for any other permitted uses, 15 feet.
7. Minimum Rear Yard Depth. For residence buildings, same as R-3 District; for any other permitted uses, 15 feet.
8. Off-Street Parking. In accordance with Section 175.28.
9. Construction Requirements. Same as C-1 District, excluding residential uses.
10. Site Plan Required. Same as C-1 District.
The requirements set forth in this section for open space, landscaping, buffers, and parking requirements shall apply to any development or redevelopment approved on or after the date of September 30, 2008.
1. Open Space Required. On each lot, except for one- and two-family dwellings, there shall be provided open space in accordance with the following schedule:
Zoning District Percent of Open Space
A-1* 30
R-1** 30
R-2** 30
R-3** 25
R-4** 30
R-5** 30
R-6** 30
R-7** 30
C-Districts 25
M-Districts 20
* Non-agricultural uses
** Uses other than single-family dwellings and duplexes
A. Said open space shall be unencumbered with any structure, or off-street parking or roadways and drives, and shall be landscaped and maintained with grass, trees, and shrubbery. When the entire lot is not developed, the open space requirement shall be based in proportion to the area of the improved portion of each lot.
B. Each principal structure of an apartment or office complex on same site shall be separated from any other principal structure in the complex by an open space of not less than 16 feet.
2. Landscaping Required. Any development shall provide the following minimum number and size of landscaping plantings based on the minimum required open space for the development. The following is the minimum requirement of trees and shrubs, by number and size, and type of ground cover. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be acceptable to the City that are not considered a nuisance or undesirable species, such as trees with thorns, cottonwood or cotton-bearing poplars, elm trees prone to Dutch Elm Disease, box elder, and silver maple. Existing trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements.
A. Minimum requirements at the time of planting, for all developments other than single-family (R-1) or one- and two-family residential (R-2), 2 trees minimum or 1 tree of the following size per 1,500 square feet of open space, whichever is greater:
40 percent 1½" - 2" caliper diameter
Balance 1" or 1½" caliper diameter
(Evergreen trees shall not be less than 6 feet in height).
B. Minimum requirements at the time of planting – 6 shrubs, or 1 shrub per 1,000 square feet of open space, whichever is greater.
C. To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation that is installed as sod, or seeded, fertilized, and mulched.
D. Minimum requirements at time of planting for single-family residential (R-1) and one- and two-family residential (R-2) developments include:
2 trees minimum 1" caliper diameter or greater
3. Buffers Required. The following conditions shall require a buffer which shall be a landscaped area, wall, or other structure intended to separate and obstruct the view between two adjacent zoning districts, land uses, or properties:
A. Any commercial (C) or industrial (M) districts which abut an R-1, R-2, R-4, R-6, or R-7 use shall require a buffer as described in this section.
B. All industrial (M) districts which abut an R-3 or HM use. Industrial districts will be required to provide a buffer to U-1 district uses unless waived by City Council.
C. All industrial (M) Districts which abut any commercial (C) use, provided the use is not located within the MU-1 Mixed Use overlay. Industrial uses within the MU-1 District shall not be required to provide a buffer from Commercial uses.
D. Any loading area, material holding, and/or assembly or processing areas in any district shall be screened from public street view by a sight tight durable wall or fence.
E. A sight tight enclosure that will also prevent the scattering of refuse shall be provided around all refuse holding areas.
4. Buffers. Buffers required under the provisions of this section or elsewhere in the zoning ordinance shall be accompanied by any one or approved combination of the following methods:
A. Buffer Wall: A buffer wall shall not be less than 6 feet in height; constructed of a permanent low maintenance material such as concrete block, cinder block, brick, concrete, precast concrete or tile block; the permanent low maintenance wall shall be designed by an architect or engineer for both structural adequacy and aesthetic quality; weather resistant wood may be used as a substitute material if designed with adequate structural integrity and permanency and approved by the Planning and Zoning Commission and City Council.
B. Landscape Buffer: A landscape buffer shall not be less than 25 feet in width, designed and landscaped with earth berm and predominant plantings of evergreen type trees, shrubs and plants as to assure year-round effectiveness; height of berm and density and height of plantings shall be adequate to serve as a solid and impenetrable screen. A chain link or vinyl coated chain link fence may exist for security purposes, but is not considered a part of the landscape screening to satisfy the intent of this requirement.
5. Burden of Provision of Buffer. The burden of provision and selection of the buffer shall be as follows:
A. Where two different zoning districts requiring a buffer between them are in an existing improved condition, the above requirement is not retroactive and a buffer is not required. If a buffer is desired, it shall be provided by mutual agreement between adjacent property owners. However, in the event of any or all of the improved property is abandoned, destroyed, or demolished, for the purpose of renewal or redevelopment, that portion of such property being renewed or redeveloped shall be considered vacant and subject to the requirements herein.
B. Where one of two different zoning districts requiring a buffer between them is developed without any buffering provisions, the developer of the vacant land shall assume the burden, unless otherwise specified herein.
C. Where both zoning districts, requiring a buffer between them, are vacant or undeveloped, the burden shall be assumed by the developer of the land that is improved or developed, except for agricultural uses and unless otherwise specified herein.
6. Waiver of Buffer Requirements. Where the line between two districts, requiring a buffer, follows a street, right-of-way, railroad, stream, or other similar barrier, the requirement for a buffer may be waived by the City Council, provided such waiver does not permit the exposure of undesirable characteristics of land use to public view.
7. Landscaping, Screening, and Open Space Requirements. It is desired that all parking areas be aesthetically improved to reduce obtrusive characteristics that are inherent to their use. Therefore, wherever practical and except for single- and two-family detached and townhouse style residential parking in driveways, parking areas shall be effectively screened from general public view and contain shade trees within parking islands where multiple aisles of parking exist.
8. Off-Street Parking Access to Public Streets and Internal Traffic Circulation. Off-street parking or loading facilities shall be designed so as to permit entrance and exit by forward movement of the vehicle for all uses, except single-family detached or row dwellings which shall permit backward movement from a driveway. The backing or backward movement of vehicles from a driveway, off-street parking or loading area onto an arterial street or highway shall be prohibited for all uses. The number of ingress/egress access points to public streets from off-street parking areas approved by the City and located to limit vehicular conflicts, provide acceptable location of driveway accesses to public streets, preserve proper traffic safety, and, as possible, not impair movement of vehicular traffic on public streets. Ingress/egress driveway approaches to public streets shall be located in alignment with driveway approaches gaining access to the same public street from property on the opposite side of the street. The design of off-street parking and loading facilities shall provide traffic circulation for the internal forward movement of traffic within the parking lot, so designed as not to impair vehicular movement on public streets, or backing of vehicles from an off-street parking or loading area to a public street.
9. Handicap Accessible Parking Requirements. As stated in Iowa SUDAS, provision of handicapped parking spaces within off-street parking areas shall be in accordance with ADA regulations, properly identified with signage and provided with accessible ramps and walks in accordance with ADA regulations, and comply with the following parking space minimum requirements stated therein.
10. Waiver of Requirements. The City Council reserves the right to waive or modify to a lesser requirement any provision or requirement of off-street parking and loading areas contained in this chapter, provided a report on such change is received from the Planning and Zoning Commission, and provided said waiver or modification does not adversely affect the intent of these regulations to adequately safeguard the general public and surrounding property. Exceptions will only be considered for those uses where special circumstances warrant a change and whereby the modification or waiver is determined to be in the best interest of the general public.
1. Off-Street Parking Area Required. In any district, except the C-3 District designated as the “Central Business Area” on the zoning map, in connection with every permitted use, off-street parking area for vehicles of occupants, patrons, or employees of such use shall be provided in accordance with the following schedule:
A. Automobile sales and automotive service garages – 50 percent of gross floor area.
B. Banks, business and professional offices – 75 percent of gross floor area.
C. Bowling alleys – 5 parking spaces for each alley.
D. Churches and schools – 1 space for every 6 seats in a principal auditorium; when no auditorium is involved, 1 space for every 2 employees.
E. Dance halls, assembly halls - 200% of floor area used for dancing or assembly.
F. Dwelling – one- and two-family dwelling units – 2 parking spaces for each dwelling unit; multi-family dwelling units – 1½ spaces per bedroom; elderly and handicapped housing units – 1 space per unit. “Elderly housing” is defined as housing that is available to those 55 years of age and older. However, no person shall park any vehicles in the front yard adjoining a dwelling or residence and must park on a driveway or parking area constructed pursuant to a properly issued building or zoning permit. If the driveway cannot hold all of the vehicles necessary, then they must be parked on the street. In the event there is a special function at a residence or dwelling, vehicles may be parked in the front yard for a period of not to exceed 24 hours in any 7-day period. Parking of vehicles in side yards or back yards is permitted, but only under specific regulations set forth in this code.
G. Funeral homes, mortuaries – 1 parking space for each 5 seats in the principal auditorium, with at least 10 spaces to be provided.
H. Furniture and appliance stores, household equipment or furniture repair shops having over 1,000 square feet of floor area – 50% of floor area.
I. Hospitals – 1 space for every 2 beds.
J. Hotels, lodging houses – 1 space for each bedroom.
K. Manufacturing plants – 1 space for every 2 employees on the maximum working shift.
L. Restaurant, bar, or night club having over 1,000 square feet floor area – 250% of floor area; under 1,000 square feet, a minimum of 10 spaces.
M. Retail stores, supermarkets, etc., having over 2,000 square feet floor area – 300% of floor area.
N. Retail stores, shops, etc., under 2,000 square feet floor area – 100% of floor area.
O. Sports arenas, commercial auditoriums – 1 parking space for each 4 seats, theaters, or other assembly halls with fixed seats – 1 parking space for each 4 seats.
P. Wholesale establishments or warehouses – 1 parking space for every 2 employees.
Q. Drive-in windows at banks, offices, restaurants, or retail stores – stacking spaces within the site for at least 5 cars before windows.
R. Gasoline filling station – 4 spaces in addition to spaces at pumps.
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Council after recommendation by the Commission, which shall consider all factors entering into the parking needs of each such use. Where two or more different uses occur on a single lot, the total amount of parking area to be provided shall be the sum of the requirements for each individual use on the lot, except that the Council may approve the joint use of parking area by two or more establishments on the same or on contiguous lots, the total capacity of which parking area is less than the sum of the area required for each, provided said Council finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such uses.
2. Off-Street Loading Spaces Required. In any district, except the C-3 district designated as the “Central Business Area” on the zoning map, in connection with every building or part thereof hereafter erected having a gross floor area of 10,000 square feet or more and which is to be occupied by manufacturing, storage, warehouse, goods, display, retail store, wholesale store, market, hotel, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space plus one additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of the first 10,000 square feet. Each loading space shall be not less than 10 feet in width, and 25 feet in length, and such space may occupy all or any part of any required yard or court.
3. Location and Improvement of Parking Areas.
A. Required off-street parking areas shall be provided on the same lot or premises with the structures or land use they serve except that parking areas serving business and industrial uses may be established in an adjoining residence district, including across an alley, but such parking area shall not extend more than 100 feet inside the boundary of any residence district.
B. Off-street parking areas for business and industrial uses shall be improved with bituminous or concrete surfacing; all other permitted uses shall have at least a graveled or crushed stone surfacing. Parking areas shall be so graded and drained as to dispose of all surface water accumulation within the parking area. Wheel guards or bumper guards as may be necessary shall be provided in connection with any off-street parking area of five (5) parking spaces or more to contain cars within the boundaries of the parking area and to prevent the bumpers of cars from projecting over sidewalks or property lines.
C. Parking areas shall be so laid out as to avoid broad expanses of parking and the inherent safety hazards which such large parking areas have, unless properly delineated with traffic islands, pedestrian ways, or landscaped areas. A combination of signs and suitable markings on the parking surface shall be provided to indicate individual parking spaces, directions of traffic flow, parcel pick-up areas and entrances and exits.
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