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Waukee, IA Code of Ordinance
CODE OF ORDINANCE CITY OF WAUKEE, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 LIBRARY BOARD OF TRUSTEES
CHAPTER 23 BOARD OF APPEALS
CHAPTER 24 PARKS AND RECREATION BOARD
CHAPTER 25 PUBLIC ART ADVISORY COMMISSION
CHAPTER 26 PARK REGULATIONS
CHAPTER 27 SUGAR CREEK MUNICIPAL GOLF COURSE
CHAPTER 28 TRIUMPH PARK
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 NOISE CONTROL
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 SKATEBOARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 WATER WELL PROTECTION
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER SERVICE CHARGES
CHAPTER 99 CONNECTION FEE DISTRICTS
CHAPTER 100 STORMWATER MANAGEMENT UTILITY
CHAPTER 101 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 102 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 103 POST-CONSTRUCTION STORMWATER MANAGEMENT
CHAPTER 104 REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL WASTEWATER AND HAULED WASTE
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 MANDATORY RECYCLING PROGRAMS
CHAPTER 110 NATURAL GAS SERVICE RATES AND CHARGES
CHAPTER 111 ELECTRIC ENERGY FRANCHISE
CHAPTER 112 CABLE TELEVISION FRANCHISE
CHAPTER 115 RIGHT-OF-WAY AND UTILITY INSTALLATION PERMIT REQUIREMENTS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS AND SOLICITORS
CHAPTER 123 PAWNBROKERS
CHAPTER 124 MASSAGE THERAPY ESTABLISHMENT LICENSE
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 145 MANUFACTURED AND MOBILE HOMES
CHAPTER 150 TREES
CHAPTER 151 TELECOMMUNICATION TOWERS
CHAPTER 155 BUILDING CODES AND REGULATIONS
CHAPTER 156 RESIDENTIAL RENTAL CODE
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
CHAPTER 161 LANDSCAPE AND OPEN SPACE REQUIREMENTS
CHAPTER 165 ZONING REGULATIONS DEFINITIONS AND GENERAL REGULATIONS
CHAPTER 166 ZONING REGULATIONS ADMINISTRATION AND ENFORCEMENT
CHAPTER 167 ZONING REGULATIONS SIGNS
CHAPTER 168 ZONING REGULATIONS PARKING AND LOADING
CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS
CHAPTER 170 FLOODPLAIN MANAGEMENT
CHAPTER 175 SUBDIVISION REGULATIONS DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 176 SUBDIVISION REGULATIONS PLATTING PROCEDURES
CHAPTER 177 SUBDIVISION REGULATIONS DESIGN STANDARDS
CHAPTER 178 SUBDIVISION REGULATIONS REQUIRED IMPROVEMENTS
CHAPTER 179 SUBDIVISION REGULATIONS DEVELOPMENT IMPACT ON COMMUNITY FACILITIES
169.12   R-5 PLANNED UNIT DEVELOPMENT DISTRICT.
1.   After the effective date of this Ordinance, no property within the City of Waukee shall be zoned or rezoned to the R-5 Planned Unit Development District. Existing land zoned R-5 shall abide by the following regulations:
2.   Statement of Intent. The R-5 District is intended and designed to provide a means for the development of large tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other chapters of these zoning regulations in AR, R-1, R-2, R-3, and R-4 Districts. It is the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various types of uses, be maintained and that the sound zoning standards as set forth in these zoning regulations and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved.
3.   General Procedure.
   A.   The owner or owners of any tract of land comprising an area of not less than five acres may submit to the Council a petition requesting a change to the R-5 zoning district classification. The petition shall be accompanied by a plan for the use and development of the entire tract of land. The development plan shall be referred to the Planning and Zoning Commission for study and report. The Commission shall review the conformity of the proposed development with the standards of the comprehensive plan, and with recognized principles of architectural design, land use planning, and landscape architecture.
   B.   The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserves the intent and purpose of these zoning regulations to promote public health, safety, morals, and the general welfare. The development plan as approved by the Commission shall then be reported to the Council, whereupon the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purposes of these zoning regulations.
   C.   If the Council approves the preliminary plan and request for rezoning, the applicant shall submit to the Commission, within 270 days or such longer period as may be approved by the Council, a final development plan, in triplicate, of not less than one stage of the proposed development showing in detail the location of all proposed:
      (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)   Proposed signs and their area and dimensions;
      (12)   Storm and sanitary sewer lines;
      (13)   Water mains; and
      (14)   Development stages and timing.
4.   Accompanying Documents. The final development plan shall be accompanied by the following required documents:
   A.   Bylaws of Homeowners’ Association. If the proposed development includes common land that will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed bylaws of a homeowners’ association fully defining the functions, responsibilities, and operating procedures of the association shall be included. The proposed bylaws shall include, but not be limited to, provisions:
      (1)   Automatically extending membership in the association to all owners of dwelling units within the development;
      (2)   Limiting the uses of the common property to those permitted by the final development;
      (3)   Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property;
      (4)   Placing the responsibility for operation and maintenance of the common property in the association;
      (5)   Giving every owner of a dwelling unit voting rights in the association; and
      (6)   If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowners’ association and the rights renters shall have to the use of the common land.
   B.   Bond. Performance bond, which shall ensure to the City that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan.
   C.   Covenants. Covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings that have not been dedicated to the City in compliance with this Code of Ordinances.
   D.   Additional Agreements. Any additional agreements required by the Council at the time of preliminary plat approval.
   E.   Final Plat. A final plat shall be submitted with each stage of the final development plan. The plat shall show building lines, lots and/or blocks, common land, streets, easements, and other applicable items required by the subdivision regulations. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the County Auditor and County Recorder.
5.   Review of Documents. The final development plan and required documents shall be reviewed by the Commission, for compliance with the R-5 standards and substantial compliance with the preliminary plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council for final approval. The final development plan and final plat shall be approved by the Council before any building permit is issued.
6.   Land Uses and Bulk Regulations. Permitted principal and accessory land uses, lot area, yard, and height requirements shall be as set out below, which shall prevail over conflicting requirements of this section or the subdivision regulations:
   A.   Use of Buildings. Buildings shall be used only for residential purposes; occupant garages, occupant storage and similar accessory uses; noncommercial recreational facilities; and community activities, including churches and schools.
   B.   Lot, Yard and Open Space Requirements. The minimum lot and yard requirements of the zoning districts in which the development is located shall not apply, except that minimum yards specified in the district shall be provided around the boundaries of the development. The Council may require open space or screenings to be located along all or a portion of the development boundaries. The height requirements of the zoning district in which the development is located shall apply within 125 feet of the development boundary.
   C.   Streets and Public Utilities. All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.
   D.   Common Land. “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. Any land gained within the development because of the reduction in lot sizes, below minimum zoning ordinance requirements, shall be placed in common land to be dedicated to the City or retained in private ownership to be managed by a homeowners’ association.
   E.   Off-Street Parking and Loading. The requirements of Chapter 169 of these zoning regulations relating to off-street parking and loading shall apply to all R-5 Districts.
   F.   Density Requirements. The final development plan shall comply with the density requirements of these zoning regulations.
7.   Number of Dwelling Units Permitted. The maximum number of dwelling units permitted in an R-5 District shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zoning district or districts in which the area is located, then multiplied by 115 percent. (In the R-2 District, the one-family dwelling requirement shall apply.) Net development area shall be determined by subtracting the area set aside actually proposed for streets from the gross development area. The area of land set aside for common land, open space, or recreation shall be included in determining the number of dwelling units permitted. The maximum number of multiple dwelling units permitted in the R-5 development shall be determined by the zoning district in which the development is located, as follows:
 
Zoning District
Percentage of Total Dwelling Units Permitted as Multiples
AR
10
R-1
25
R-2
50
R-3
100
R-4
100
If the development area contains two or more different zoning classifications, the number of dwelling units permitted shall be determined in the direct proportion to the area of each zoning classification contained in the entire tract.
8.   Conditions for Plan Approval. The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension as recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. The term “unimproved property” means all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.
9.   Installation of Improvements. In no event shall the installation of any improvements be commenced in the second or subsequent stages of the final development plan until such time as 90 percent of infrastructure improvements including streets and utilities have been completed in any prior stage of such plan.