The (DURE) Dutch Residential District is intended to preserve and promote "Dutch Architecture" for new residential developments as well as to promote the long-term enhancement of residential properties in two areas of the community: (1) in and around the Central Business District (CBD), and (2) along Pella's Gateway Corridors (GC). These two subdistricts of the DURE District shall be referenced as DURE-CBD and DURE-GC. Development in the DURE District must accommodate design and architectural parameters that are consistent with the heritage of the community. These architectural themes promote Pella as an attractive and unique community.
1. Permitted Uses. Uses permitted in the DURE Dutch Residential District are those permitted in the underlying base district.
2. Properties Subject to DURE Review. The properties subject to DURE-CBD review is established as the former DURE central business district area. The properties subject to DURE-GC review are those properties in the West Washington Street west of the DURE-CBD to the City limits and Washington Street east of the DURE-CBD to Hazel Street; Main Street including south of the DURE-CBD to Oskaloosa Street in the South Main Street portion and north of the DURE-CBD to Elm Street; all of said areas part of the Gateway Corridor (GC) Overlay District areas that have frontage on those two streets and are either currently in residential use or on which residential buildings can be built under the current zoning.
3. Applicability. A design review permit is required for the following activities:
A. Any new residential building (building used for residential purposes) or residential building addition, residential accessory structure, a fence or wall associated with a structure used for residential purposes, or architectural modifications to existing residential buildings within the DURE District shall be reviewed for architectural compliance to Dutch Architectural themes. Architectural modifications for which design review is required include any construction, maintenance, repair, alterations, modifications, painting, or repainting.
B. A design permit is not required for any structure that is painted or repainted when the color used is the same as the color approved in the original building or design permit.
C. Exemptions. Residences in existence at the time of adoption of this Zoning Ordinance are hereby exempted from all the provisions of the DURE District. This exemption shall in no way exempt residential structures used for commercial purposes in commercial districts from the Design Review District requirements. Further, in such cases where an existing residence is demolished or destroyed and a new residential structure is to be constructed, all the requirements of the DURE District shall apply.
4. Design Permits. A design permit for the DURE District is reviewed by the Community Development Committee and Building Official following the same procedure as specified for a Design Review District design permit. Whenever application is made for a design permit for any building within the Dutch Residential District, the Building Official shall refer said application, together with the plan and specifications for the proposed work, to the Committee for its recommendations. The Committee shall review the proposed plans and specifications. The review shall include the proposed appearance, colors, texture, materials and architectural design of the exterior, including the front, sides, rear and roof of said building, and also including all parts of the building that are in a visual line from all areas or any alterations, modification or repair or any courtyard, fence or dependency thereof. The Dutch Residential Design Manual shall be used by both the applicant and the Committee for determining permitted Dutch architectural elements and colors. Architectural elements, colors or building styles which are not specifically identified in the Dutch Residential Design Manual may only be used upon approval by the Community Development Committee. After due consideration, the Committee shall promptly report to the Building Official its recommendations, including such changes, if any, as in the judgment of the Committee are reasonably necessary to comply with the requirements of this section. The Building Official shall take no action on the application for a permit until the expiration of fourteen (14) days or until the Building Official has received the recommendation of the Committee in writing, whichever occurs first.
5. DURE District Setbacks and Lot Coverage. Within the DURE-GC subdistrict, the front yard setback and other bulk regulations shall be pursuant to the underlying base zoning district and Gateway Corridor Overlay District standards, including Section 165.18 D(4). Within the DURE-CBD subdistrict, the intent of allowing lesser setbacks and smaller lot sizes than would otherwise be required by the underlying base zoning district is to develop in a manner that is more consistent with urban residential developments in the Netherlands which often have minimal setbacks and are in relatively close proximity compared to American standards. The following setbacks and lot coverage standards shall apply to all new residential construction in the DURE-CBD subdistrict except in the following situations:
A. Where the front setback has generally been already established by adjacent residential or commercial buildings. In such instances, the average front yard setback of structures within 200 feet shall apply. All other setback requirements and minimum green space requirements shall still apply if applicable per this section.
B. Where the setbacks listed below would require a greater setback than the base underlying zoning district requires (example: requiring a 3'6" side yard setback where no side yard setback is required by the underlying base zoning).
C. Where a new subdivision or residential development is being created in the DURE-CBD subdistrict and the Community Development Committee determines that other setback and lot coverage standards are acceptable while still consistent with Pella's Dutch heritage and the character of Dutch residential neighborhoods in the Netherlands. In no case, however, shall any setback or lot coverage standards determined by the Committee be more stringent than those of the underlying base district (example: requiring a larger setback than would be required in the underlying base zoning district).
D. Where the lot for new residential construction in the DURE-CBD subdistrict is an existing lot of record at the time of adoption of this zoning ordinance and there is no resubdivision or replatting of land as part of the new residential construction. In such cases, the minimum/maximum lot frontage requirements and the minimum lot area requirements of the DURE-CBD subdistrict shall not apply. Setback requirements shall still apply where applicable per this section.
DURE-CBD Subdistrict Bulk Regulations
Regulator | DURE-CBD |
Minimum Lot Area (square feet) | |
One-family dwelling Duplex/Townhouse Multiple-family dwelling* | 4,000 square feet 4,000 square feet 5,500 square feet |
Minimum Lot Width (feet) | Minimum | Maximum |
One-family dwelling Duplex Townhouse Multi-Family | 40 40 40 55 | 50 80 None None |
Minimum Yards (feet) | |
Front Yard Side Yard Rear Yard | 3'6"* 3'6"* or lot line 7' minimum |
Minimum yards apply only where underlying base zoning district allows as a permitted use | |
*Exact setback, not minimum for one-family only, all other uses—minimum |
DURE-CBD Subdistrict Lot Setbacks
Lot Option A (One Family Dwelling)
Lot Option B (One Family Dwelling)
Lot Option C (Townhouse or Duplex)
6. DURE District Garages and Other Accessory Structures.
A. Garages and other accessory structures for one-family structures are permitted only on the side of the building footprint area facing the rear yard. In no case shall a garage or accessory structure be located closer to the rear property line or alley than five (5) feet. Parking for one-family residences shall be in a garage or hard-surfaced parking area situated to the rear of the main structure with access to an alley. Existing lots of record at the time of adoption of this Zoning Ordinance, including resubdivisions thereto, are exempt from the alley requirement when no alley is accessible. The preferred alternative in this situation is to locate the garage or parking area to the rear of the main structure, accessed from the street by a driveway alongside the house. If this is not feasible, an attached garage can be considered, provided the garage is recessed a minimum of five feet behind the front facade. The intent is that the garage not be the dominant element of the façade.
B. Garages for duplex, townhouse and multi-family structures are also preferred to be located in the rear yard, accessed by a driveway alongside the dwelling. If this arrangement is not feasible, garages may be permitted on the front side of the structure facing the street provided that they are attached to the main structure and have a minimum recess of five feet behind the front facade. The intent is that the garage not be the dominant element of the façade.
7. Design Permit Denial. If the Committee recommends denial of a design permit, said recommendation must be delivered to the Building Official, who shall notify the applicant that the design permit shall not be issued and the reason therefor. The Building Official may proceed with issuance of a design permit upon amendment of the application to conform with the recommendations of the Committee pursuant to the powers and duties of the Building Official. Any person denied a design permit by the Building Official pursuant to the recommendation of the Committee may appeal the denial within thirty (30) days after notification of the denial to the City Council.
8. Violations and Penalties. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this section, upon conviction, shall be in violation of this Code of Ordinances and subject to penalty for each offense. Proceeding with any construction work or repair work requiring a permit without applying for a permit shall be considered an offense and punishable by the provisions of this section. All departments, officials and employees of the City who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure or purpose if the same would not conform to the provisions of this section.
(Ord. 912 - Dec. 16 Supp.)