9-10-4: SPECIFIC USE REGULATIONS:

The following performance standards shall be applied to the specific uses listed below in any district or in the specific district where that use is allowed. In the event that any of the standards below conflict with other standards, regulations of requirements of Federal, State, County laws or regulations, or as outlined elsewhere within this Code, the more restrictive regulation shall apply. (Ord. 1190, 6-17-1996)

   A.   The Following Standards Shall Apply To All Zoning Districts Unless Noted Otherwise In This Title:

      1.   Fuel Supply Systems: All fuel supply systems shall be constructed and installed in accordance with all applicable requirements of this title, the Building Code as adopted and amended by the City, the Fire Code as adopted and amended by the City, and any other applicable, local, County, State, or Federal regulations or requirements.

      2.   Screening Of Mechanical Units: The following standards apply to the location and screening of mechanical equipment:

         a.   Screening Of Ground Mounted Mechanical Units: For all uses, except for single-family detached and bi-attached residential uses, all ground mounted mechanical units, including, but not limited to: air conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment, that are visible from any adjacent public thoroughfare shall be visibly screened from public view by the use of a screening wall built out of materials compatible and consistent with the architecture and materials of the principal building, landscape plantings of predominately evergreen materials to provide year round screening, or a combination of the above. The type of screening to be used shall be identified as part of the site plan submittal. (Ord. 2274, 2-5-2018)

         b.   Screening Of Roof Mounted Mechanical Units: All roof mounted mechanical units shall be screened from adjacent public thoroughfares by the use of an opaque screening material compatible with the architecture of the building or architecturally designed screening, such as a parapet wall. The screening of the roof mounted units shall be designed to blend with the building and roof materials. Additional screening may be required due to topographic differences in the adjoining properties.

         c.   Location Of Meters In Single-Family And Bi-Attached Developments: Single-family and bi-attached residential developments shall be prohibited from locating the mechanical units and meters in the front yard of the property unless adequate screening is provided to visibly screen these elements from the public view.

      3.   Screening Of Solar Energy Systems:

         a.   Ground mounted solar energy systems should be sited to visually mitigate undesirable features that are visible at grade from surrounding properties and public thoroughfares. The City is aware of the operating needs of these types of structures and acknowledges that it may be impossible to orient a system to hide its undesirable features such as the structural elements, rear face of the collector panels, mechanical equipment and accessories. Should any of these features be visible, the following options are acceptable methods of screening the view of these undesirable features:

            (1)   An enclosure or a freestanding screen wall or fence of an opaque design built out of materials consistent with the architecture and materials of the principal building. Landscape plantings may be implemented in combination with the screen enclosure, fence or wall to soften the appearance of the installation.

            (2)   Landscape plantings that are composed of evergreen materials to provide year round screening may be implemented in lieu of screen enclosure, fence or wall. Plant material shall be of sufficient height and size at the time of installation to fully screen the undesirable features of the system.

         b.   Building mounted systems do not require screening if they comply with the requirements as noted in section 9-14-14, "Solar Energy Systems", of this title. However the structural elements, equipment and accessories related to a system mounted on a flat roof that are visible from any adjacent public thoroughfare or adjacent property shall be selected to be a similar color to the roof surface or adjacent building materials to mitigate the visual impact of the system. Wall or ground mounted mechanical equipment related to any solar energy system as noted in subsection A2a of this section, will require screening.

      4.   Screening Of Trash Receptacles: For any development or properties where three (3) or more residential dwelling units are using a common trash receptacle and all nonresidential uses; trash receptacles and dumpsters shall be opaquely screened on all sides by the use of a permanent enclosure, with gates for disposal truck access. The enclosure shall be constructed of materials and colors compatible with the dominant architectural materials of buildings on site and shall be integral to a building on site whenever possible. The enclosure shall be constructed to visibly screen the receptacle from public view and views from the adjoining properties. The design of the pedestrian access to the receptacle should be designed to minimize the views into the enclosure. The enclosure should be landscaped to mitigate the visual impact of the enclosure on surrounding properties and public thoroughfares.

      5.   Satellite Dishes And Communication Antennas: The following standards shall apply to satellite dishes and communication antennas:

         a.   Interference With Emergency Frequencies: All satellite dishes and communication antennas shall be subject to any State and Federal regulations and shall not interfere with emergency frequencies within the City.

         b.   Advertising Prohibited: No satellite dish or communication antenna shall be permitted to display advertising or identification of any kind that is visible from the ground, on elevated structures, or readily discernible to the general public.

         c.   Building Permit Required: Satellite dishes and communication antennas are considered accessory structures, which require a building permit and are subject to all applicable requirements for accessory structures identified elsewhere within this title.

         d.   Freestanding Dishes And Antennas: The City is aware of the operating needs of these types of structures and acknowledges that it may be impossible to totally screen a satellite dish or communication antenna, however, every effort should be made by the dish owner to minimize the visual impact of the dish on the general public, the surrounding properties and the principal outdoor use areas of the adjoining properties.

            (1)   Satellite dishes and antennas shall be prohibited in the front and side yard of residential property and shall comply with the applicable setback requirements for accessory structures. If the applicant can show that a usable signal cannot be obtained from the rear yard area, the satellite dish or antenna may be located on an interior (nonstreet side) side yard with the approval of the Director of Community Development, and, provided, that in all cases a building permit is obtained prior to installation.

            (2)   Satellite dishes and antennas in nonresidential areas shall be sited to minimize the visual impact on surrounding properties and public thoroughfares. Location of satellite dishes and communication antennas in the front yard (to include all of the area between the principal structure and the public street) shall be discouraged and shall only be allowed if approved through the appropriate site plan process.

         e.   Roof Mounted Satellite Dishes And Antennas: Roof mounted satellite dishes and antennas shall be located in such a manner as to be screened from surrounding properties and public thoroughfares by the use of a parapet wall or blended into the design and color of the building such that it is not readily apparent. Roof mounted dishes and antennas shall be limited to a maximum height of ten feet (10') above the structure.

         f.   Wall Mounted Satellite Dishes And Antennas: Wall mounted satellite dishes and communication antennas on existing structures may be permitted by the City Council if the petitioner can demonstrate that the combination of the dish/antennas design and position on the structure is established as an architectural feature or element to the existing structure.

         g.   Accessory Equipment Associated With Satellite Dishes And Antennas: Accessory equipment associated with satellite dishes and communication antennas shall either be located within the building, on the roof in a screened enclosure constructed of materials compatible with the building or other roof structures, or on the ground within a structure designed and landscaped to be compatible with the principal structure. The location of the equipment and enclosure shall meet setback standards for the principal structure and shall be subject to site plan review as required elsewhere in this title.

      6.   Transmitting/Receiving Towers: In the applicable zoning districts, the installation of transmitting/receiving towers may be permitted by the City Council following their review and approval through the permitted conditional use process, if the petitioner meets the following requirements:

         a.   Interference With Emergency Frequencies: All transmitting/receiving towers shall be subject to any State and Federal regulations and shall not interfere with emergency frequencies within the City.

         b.   Advertising Prohibited: No tower or associated structures shall be permitted to display advertising or identification of any kind that is visible from the ground, on elevated structures, or readily discernible to the general public.

         c.   Building Permit Required: A building permit shall be required prior to installation of the tower and associated structures.

         d.   Setback Standards: All towers and associated structures shall meet setback standards for a principal structure in the applicable zoning district described elsewhere in this title.

         e.   Architecture Of The Associated Structures: The architecture of any structures associated with a transmitting/receiving tower shall be reviewed during the development permit application process for compatibility with the predominate architectural character of the surrounding area.

      7.   Exterior Lighting: The following standards shall apply to all exterior lighting.

         a.   The use of "wall pack" lights shall be prohibited in the following districts and situations:

            (1)   Neighborhood Commercial District.

            (2)   Convenience Commercial District.

            (3)   All residential districts.

            (4)   For any nonresidential use which abuts a residential district where the building or structure that the "wall pack" is to be located, is within one hundred fifty feet (150') of a residentially zoned property or a residential use.

         b.   All light fixtures shall be of a cutoff type to eliminate glare and spillover lighting beyond the property line.

      8.   Outdoor Storage Yards: Outdoor storage yards associated with service oriented businesses such as, but not limited to, construction contractors, plumbing companies, wholesale material suppliers, etc., and self-storage facilities shall only be allowed in rear and side yard areas within the Warehouse Retail (WR), Valley Junction Light Industrial (VJLI), Light Industrial (LI) and General Industrial (GI) Zoning Districts unless noted otherwise elsewhere within this title. Areas of outside storage shall not occupy any portion of required yard areas, open space, required off street parking areas, etc., and shall be screened from views from the public streets, adjoining properties, especially those of a different zoning classification and any residential property through the use of opaque screening reviewed as part of the site plan submittal. The need for limited visibility for security reasons should be considered when determining appropriate screening levels. With the exception of business associated vehicles, equipment and trailers and recreational vehicles, no material being stored shall exceed the height of the screening structure. Appropriate security lighting shall be so arranged as to divert the light away from adjoining traveled roadway of public streets and adjoining properties.

That portion of a site indicated and identified as an outdoor storage yard on a City approved site plan associated with a business and self-storage facilities shall be exempt from off street parking regulations stated in chapter 15 of this title for striping, dimensions, surfacing and curbing. Gravel shall be a prohibited surfacing material for storage yards unless all of the following conditions are met:

         a.   The property is located within a General Industrial (GI) zoned district; and

         b.   The parcel upon which the storage yard is located does not share a common property line with any residentially used or zoned property; and

         c.   The storage yard is located within the rear yard of the parcel; and

         d.   A defined permanent edge or curbing is installed to confine the granular material; and

         e.   Appropriate dust mitigation measures are implemented to control dust.

      9.   Outside Display Areas: Outside display areas shall not occupy any portion of required yard areas, open space, required off street parking areas, etc., unless approved as part of a site plan, conditional use permit or temporary use permit. Bulk storage of merchandise (such as that typical of garden centers associated with home improvement stores), shall be appropriately screened from views from public thoroughfares and adjacent properties. No merchandise being stored shall exceed the height of the screening structure. All display and storage shall occur on asphaltic or portland cement concrete pavement consistent with the surfacing and curbing requirements of off street parking areas.

      10.   Overtax Public Utilities And Facilities: No use shall be permitted that involves any activity that substantially increases the burden on any existing or proposed public utilities or facilities, unless provisions are made for any necessary adjustments.

      11.   Utilities: All developments must be designed to interface with existing utility systems and provide for any extension of the utilities as necessary for the proposed use. All utilities and easements must be accommodated in the site design. No overhead wiring shall be permitted where utilities can reasonably be accommodated underground.

      12.   Permitted Noise Levels: In any zoning district, noise levels shall not be permitted in excess of sixty five (65) dBA on the community noise equivalent level (CNEL) as measured at the property line.

      13.   Extraction Of Earth Products: In those districts where mining is allowed, the following standards shall apply:

         a.   As part of the application submittal, a map, to a scale of no greater than one inch equals one hundred feet (1" = 100'), of the proposed area of extraction shall be submitted that shows the existing topography in two foot (2') intervals, the location of existing watercourses and drainageways, and the outline of the area to be excavated. A second map, drawn to the same scale, shall be required that shows a general plan for proposed operation and rehabilitation of the site that includes:

            (1)   The locations of proposed watercourses and drainage systems, including lakes, ponds, and retention basins.

            (2)   The sequence of operations and the schedule of rehabilitation measures.

            (3)   The proposed locations of sorting, grading, crushing, stockpiling of topsoil, and similar equipment necessary for the operation and the initial distribution of the excavated products.

            (4)   The proposed locations of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas.

            (5)   Temporary and permanent soil erosion and sedimentation controls.

            (6)   Proposed ground cover and landscaping to be installed following the completion of the operation or the expiration of the use permit.

         b.   All mines and quarries shall be located adjacent to, or have direct access over a private haul road to, an arterial street which is designed for heavy truck traffic.

         c.   All aboveground operations shall be located no less than seven hundred fifty feet (750') from residentially zoned property or one thousand feet (1,000') from an existing residence.

         d.   All belowground operations shall be located no less than two hundred feet (200') from the nearest property line, measured laterally.

         e.   After completion of the operation, and in accordance with the approved rehabilitation plan, the premises shall be cleared of debris, and a layer of soil capable of supporting vegetation shall be spread over the premises to a depth of at least three inches (3") (except for area underwater) and shall be seeded with grass or other ground cover to prevent erosion.

         f.   All lakes, ponds, and retention areas to remain and as shown on the rehabilitation plan shall be graded so that the slope of the underwater grades within the first fifty feet (50') of the permanent water elevation, does not exceed one foot (1') of drop per ten feet (10') of run.

         g.   All mines and quarries shall follow state and federal guidelines and requirements for blasting and vibrations.

      14.   Dry Cleaners: In those districts in which SIC 7212 is allowed, when said operation includes dry cleaning equipment the following standards shall apply:

         a.   Maximum of one solvent based cleaning machine shall be located on the premises;

         b.   Class I and II solvents shall be allowed. No class III solvents for the cleaning operation shall be allowed;

         c.   The maximum amount of solvent present on site at a given time shall not exceed one drum (maximum 55 gallons);

         d.   Establishment and operation shall comply with all city of West Des Moines adopted fire and building code regulations, including addendums;

         e.   A minimum one hour firewall shall exist between tenant spaces, including ceiling and floors;

         f.   A Fire Marshal approved solvent containment basin and accompanying storage container shall be utilized;

         g.   Fire Marshal must approve of solvent transfer operations, including fill location;

         Upon approval of the initial operation, any changes to equipment, type of solvent used, or solvent transfer or fill operations will require the review and approval of the Building Division and Fire Marshal. At the discretion of the chief building official and/or Fire Marshal, additional measures to ensure safety and eliminate potential impacts on adjacent tenants/businesses/properties may be required and shall be adhered to.

      15.   Taprooms Or Beer Parlors: In those districts where a taproom/beer parlor is allowed, the taproom/beer parlor shall only be allowed by approval of a permitted conditional use permit to operate in conjunction with a brewery. The brewery must have a native beer brewery (NAB or NAAB) permit issued through the State of Iowa and a Class B beer license approved by the City. The Class B beer license shall be restricted to serving only those beers brewed on site, plus a maximum of five (5) additional microbrewery or craft beers that are brewed off site.

         No Class LC liquor permit will be allowed in conjunction with the taproom; having such license will classify the establishment as a bar/restaurant for the purposes of this subsection and regulation.

         For taprooms/beer parlors exceeding fifty percent (50%) of the gross square footage of the brewery, or serving more than five (5) varieties of microbrewery or craft beers, those uses will be considered a bar/restaurant for purposes of this subsection and regulation.

         Parking space requirements for a brewery with taproom/beer parlor will be calculated at the parking rate for 58 eating and drinking places for that portion of the brewery identified as the taproom/beer parlor. This parking calculation shall be in addition to the parking requirement for SIC 20 food and kindred products for that portion of the brewery identified for production purposes.

      16.   Self-Service Storage Facilities: The intent of these performance standards is to allow two (2) distinct building forms while maintaining building form compatibility with the zoning district in general and the site specific surrounding development.

         a.   Exterior Unit Access (Miniwarehouse Storage): This building type is intended to allow for single-story, long row, connected units with exterior access doors in the Warehouse Retail and Industrial Districts. The following development standards shall apply, in addition to development standards cited elsewhere in this title, including, but not limited to, landscaping, open space, buffers, screening, parking, setbacks, trash enclosures, etc.

            (1)   Views of individual unit exterior access doors shall be screened from the public street or from adjacent nonindustrial or nonwarehouse retail zoned or developed property.

            (2)   The building(s) shall be surfaced with materials compatible with adjacent industrial or warehouse retail development. Facades visible from the public street shall be enhanced to add visual character and distinction from the interior of the development. Facades facing adjacent residential property shall be screened with a fence or evergreen landscaping and otherwise enhanced by incorporating front facade materials or enhanced materials used elsewhere in the development. Three hundred sixty degree (360°) architecture is not intended for ministorage, but those buildings visible from the street or adjacent residential developed or zoned property shall be expected to reflect material enhancements that may not be commonly considered in warehouse retail and industrial developments.

            (3)   Outdoor storage areas, as allowed in this title, should be consolidated into a single area and screened as required elsewhere in this title.

            (4)   Fences and walls used to provide screening shall be maintained in a neat, clean, safe, and structurally sound condition. RVs, boats, and recreational trailers may exceed the height of the fence or wall; all other materials shall not exceed the height of the wall or fence. Fences shall be placed no closer to the front lot line than the front yard established by the building or building setback line, whichever is greater.

            (5)   Wall signage for the development shall be calculated according to the Sign Code calculations located elsewhere in this title for the building facade in which the business office is located. No signage or advertising is allowed on screen walls or fencing.

            (6)   Vehicle circulation shall allow for two-way drive aisles and circulation with no dead ends.

         b.   Interior Unit Access: This building type is intended to allow for facilities where units are accessed by interior hallways. These structures shall emulate the exterior architecture and characteristics of buildings in the specific district in which the facility is located. The following development standards shall apply, in addition to development standards cited elsewhere in this title, including, but not limited to, landscaping, open space, buffers, screening, parking, setbacks, etc.:

            (1)   Office And Professional Commerce Park Districts: Interior unit access self-storage in the Office and Professional Commerce Park Districts is intended to be designed to be compatible with expected four-sided office design already exhibited in the City in these districts. The following performance standards also apply to the design of interior self-storage units:

               (A)   All storage units shall gain access from the interior of the building, no individual unit doors may face the street or be visible from off the property.

               (B)   One (1) entrance and one (1) exit overhead door shall be allowed. If the facility abuts residentially zoned property, the facility loading bays, docks, or doors shall not be visible from the residential property. Whenever possible, these features shall be located on facades which face non-residentially zoned or developed property. These features shall not be located on the facade facing the public street.

               (C)   Ground floor and upper floor facades shall be designed to be compatible with expected four-sided office design in the City's office districts. Examples of such architectural and design features include varied massing, proportion, facade modulation, exterior building materials and detailing, varied roof line, pedestrian scale, windows, repetition, etc. Views of storage units through windows shall be mitigated. The building shall look like an office building.

               (D)   The building shall be surfaced with high-quality, durable materials consistent with the surrounding office uses. Un-faced concrete block, painted masonry, tilt-up and pre-cast concrete panels and non-architectural metal siding are prohibited in the office districts. Prefabricated buildings are not allowed in the office districts.

               (E)   There shall be a pedestrian entrance facing the street. This entrance shall be considered the main or principal entrance, even if the tenants enter through loading docks, bays, doors or other side or rear entrances. This entrance shall present as a prominent feature that emulates an office lobby. This entrance shall not be used for the transfer of goods to the storage unit.

               (F)   To accommodate future potential redevelopment of the building, parking for re-use of the building for other permitted or permitted conditional uses in the applicable zoning district shall be demonstrated at the applicable ratio; however, only the parking required for the indoor self-storage shall be required to be constructed.

               (G)   Indoor self-storage facilities shall abide by all City codes and regulations such as, but not limited to, Building Code and Fire Code provisions.

               (H)   Tenant access shall be restricted to the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.

            (2)   Commercial Districts: Interior unit access self-storage in the commercial districts, to include the Valley Junction Historic Business District, is intended to be designed to be compatible with expected four-sided commercial design already exhibited in the City in these districts. Retail tenant spaces shall be included in the first floor design, which may include a retail space for the self-storage office. Tenant spaces shall extend the length of the facade which faces a main parking field and the public street where parking is available between the building and the public street. The intent is to emulate tenant and multitenant retail store fronts commonly associated with the commercial districts, to provide the retail activity for the districts, and to provide services to the community such is commonly available in these districts. In these instances, the self-storage use will be of secondary consideration to the retail atmosphere. The following performance standards also apply to the design of interior self-storage units:

               (A)   All storage units shall gain access from the interior of the building, no individual unit doors may face the street or be visible from off the property.

               (B)   One (1) entrance and one (1) exit overhead door shall be allowed. If the facility abuts residentially zoned property, the facility loading bays, docks, or doors shall not be visible from the residential property. Whenever possible, these features shall be located on facades which face non-residentially zoned or developed property or the public street. In no case will these features appear on the front facade or public facade where other commercial business takes place.

               (C)   Ground floor and upper floor facades shall be designed to be compatible with expected four-sided commercial design in the City's commercial districts. Examples of such architectural and design features include varied massing, proportion, facade modulation, exterior building materials and detailing, varied roof line, pedestrian scale, windows, repetition, etc. Views of storage units through windows shall be mitigated. The building shall look like a retail or multitenant commercial space.

               (D)   The building shall be surfaced with high-quality, durable materials consistent with the surrounding office uses. Un-faced concrete block, painted masonry, tilt-up and pre-cast concrete panels, non-architectural metal siding, and prefabricated buildings are prohibited in the commercial districts.

               (E)   To accommodate future potential redevelopment of the building, parking for re-use of the building for other permitted or permitted conditional uses in the applicable zoning district shall be demonstrated at the applicable ratio; however, only the parking required for the indoor self-storage shall be required to be constructed.

               (F)   Indoor self-storage facilities shall abide by all City codes and regulations such as, but not limited to, Building Code and Fire Code provisions.

               (G)   Self-storage access shall be restricted to the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.

         c.   Prohibited Uses: The only activity permitted in individual storage units shall be the storage of goods and property. Storage units shall not be used for:

            (1)   Residences, offices, workshops, studios, hobbies, events, or rehearsal areas;

            (2)   Manufacturing, fabrication, or processing of goods, services, or repair of vehicles, engines, appliances, or other electrical equipment or any other industrial activity;

            (3)   Retail sales of any kind including, but not limited to, garage sales, estate sales, auctions or to conduct any other commercial activity, except in the business office as permitted in the zone in which the facility is located; excludes auctions of units conducted by the property owner or manager due to nonpayment, default, or other storage business operation.

            (4)   The storage of flammable, perishable, or hazardous materials.

            (5)   The keeping of animals.

            (6)   Accessory uses such as the rental of trucks, trailers, moving equipment, or the installation of trailer hitches are prohibited unless otherwise permitted in the zone in which the facility is located.

      17.   Event Venues: The following standards shall apply to all event venues:

         a.   General Requirements:

            (1)   All event venues must comply with all Building and Fire Code regulations related to assembly uses.

            (2)   All event venues must comply with parking requirements as follows and as outlined in chapter 15, "Off Street Parking And Loading", of this title.

               (A)   Parking will be calculated at one (1) parking space required per fifty (50) square feet of assembly or event venue space.

               (B)   If the event venue is not the principal use of the building or tenant space, the business of the principal use of the building or tenant space may not be conducted during the event except with event attendees, unless the parking required for the principal use is provided in addition to parking required for the event venue.

               (C)   In cases where the parking available is not equal to or greater than that needed for the proposed event venue, the event venue space square footage and maximum occupancy load as determined by the Fire Code and Building Code will be limited in size and occupancy load to match the available parking.

               (D)   If the event venue is part of a commercial center with shared parking, parking will be calculated at the commercial center rate, plus one (1) space per fifty (50) square feet of event venue area to avoid an under parked situation for other tenants.

               (E)   No outside activity is allowed if located within three hundred feet (300') of property zoned for residential development or used for residential. This includes, but is not limited to, patios, decks, amplified sound, roll-up windows, or garage type doors. (Ord. 2123, 11-2-2015; amd. Ord. 2143, 5-2-2016; Ord. 2145, 5-16-2016)

      18.   Outdoor Activity Areas And Operable Storefronts:

         a.   Definitions:

            (1)   Outdoor Activity Areas are exterior areas of any non-residential establishment designated for food and/or beverage services and/or consumption and intended for gathering of patrons, with or without designated seating, such as patios, decks, roof decks, or other designated areas of the site.

            (2)   Operable storefronts are defined as a door or window that opens for purposes including, but not limited to, allowing outside air into the space, offering bar or food services, displaying TV or video, providing for music out of doors or allowing other business to be conducted through the opening. For the purposes of this regulation, operable store front does not mean vehicular access, drive-in bays, windows for drive-through service or doors used primarily for entry.

         b.   When located in a Commercial District or a Multi-Use Building or Development: Businesses in a commercial district, a multi-use building or development that have outdoor activity areas or operable storefronts shall comply with the following regulations:

            (1)   When residential uses are located internal to the multi-use building or development: no additional regulation on the outdoor activity area and/or operable storefront shall be required for location or for mitigation of impacts to internal residential uses.

            (2)   When residential uses are external to the commercial district or multi-use building or development area and are more than three hundred feet (300') to the outdoor activity area or operable storefront: no additional regulation on the outdoor activity area and/or operable storefront shall be required for location or for mitigation of impacts to residential uses. Distance to residential is measured from the closest point of the outdoor service area's boundary or facade opening for an operable storefront to the nearest point on a residential structure when measured in a straight line, regardless of intervening structures.

            (3)   When residential uses external to the commercial district or multi-use building or development area are located within three hundred feet (300') of the outdoor activity area and/or operable storefront the business shall comply with the following regulations:

               (A)   Location: The outdoor activity area and/or operable storefront shall be out of the line of sight of the residential property and oriented to direct light and sound away from the residential property. Distance to residential is measured from the closest point of the outdoor activity area's boundary or facade opening for an operable storefront to the nearest point on a residential structure when measured in a straight line, regardless of intervening structures.

An exception to allow screening elements such as landscaping, walls, or sound mitigating panels may be used to provide the needed mitigation for line of site, orientation or construction requirements for outdoor activity areas or operable storefronts with the approval of the Director of Development Services.

               (B)   Hours of Operation: The outdoor activity area and operable storefront may be used no earlier than seven o'clock (7:00) A.M. to no later than ten thirty (10:30) P.M., Sunday through Thursday, and no earlier than seven o'clock (7:00) A.M. to no later than twelve o'clock (12:00) midnight on Friday and Saturdays.

               (C)   Establishment of use: If an outdoor activity area or operable storefront is established prior to adjacent residential use(s) such regulations of this section would not be applicable to the outdoor activity area or operable storefront.

         c.   Compliance with operational requirements noted above do not preclude the business from complying with other regulations contained in City code, specifically Title 3 (Business and Licensing), Chapter 2 (Beer And Liquor Control), Title 4 (Health and Safety Regulations), Chapter 4 (Nuisances) and Chapter 7 (Noise Control). Modification to the operational aspects of the business or physical improvements to the building containing the business may be required should it be determined that the business is in violation of these regulations.

      19.   Beekeeping: In those districts in which SIC 0279-9901 is allowed, the following regulations shall apply to beekeeping operations:

         a.   Beekeeping shall only be allowed on property owned by the beekeeper or on property owned by a third party for which the beekeeper has written authorization from the property owner allowing for the keeping of bees.

         b.   Honeybee colonies shall be kept in hives with removable frames, with said hives kept in sound and usable condition.

         c.   A maximum of two (2) hives shall be permitted on a property one (1) acre or smaller in size, while a maximum of ten (10) hives shall be permitted on a property larger than one (1) acre in size.

         d.   Hives shall not be located in the front or side yard.

         e.   A source of water shall be readily available to the bees within the property that the beehives are located at all times during the time of year in which the bees are active.

         f.   When a hive is situated within twenty five feet (25') of a property line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier parallel to the property line(s) which is a minimum of six feet (6') in height consisting of a solid wall of a building, fence, dense vegetation or combination thereof. Said flyway barrier shall extend a minimum of twelve feet (12') beyond the hive in all directions so that all bees are forced to fly at an elevation of at least six feet (6') above ground level over the property line(s) in vicinity of the apiary. Dense vegetation used as a flyway barrier may exceed a height of six feet (6'); however, said vegetation shall be a minimum of six feet (6') in height at the time that beehives are located on the property. A building permit shall be obtained prior to construction of any building or fence.

         g.   As recommended by the Iowa State Apiarist, the beekeeper shall incorporate best management practices in the beekeeping operation at all times, including practicing proper management and manipulation of colonies to remedy swarming and/or aggressive colonies.

         h.   In the event that a beekeeping operation is determined to be in violation of this Code with regard to the above regulations, the beekeeper and/or property owner shall be given written notice of the violation and be allowed fourteen (14) days from the date of the notice to correct the violation. If the property is not brought into compliance within fourteen (14) days, the hives shall be immediately removed from the property.

      20.   Veterinary And Animal Services: The following regulations shall apply in multi-tenant buildings within all zoning districts in which the use is allowed and in all situations in which noise or odors of veterinary and animal services are potentially noticeable to an adjacent or nearby business regardless if located within the same building:

         a.   All veterinary and animal service uses:

            (1)   All walls, ceiling or floor assemblies surrounding any area for animal holding, exam, or treatment areas shall be constructed to meet or exceed a sound transmission class rating (STC) of 55 and the walls shall extend all the way from the floor to the roof, sealed with a continuous bead of caulk along the top, bottom and side wall intersections of the wall and around any penetrations. Doors or windows within exterior walls for these wall assemblies must be constructed to meet or exceed a sound transmission class rating (STC) of 40. Doors or windows within these wall assemblies serving as an interior wall of the tenant space (not a tenant separation wall) must be constructed to meet or exceed a sound transmission class rating (STC) of 30.

            (2)   The ceiling over any animal holding, exam, or treatment areas shall meet or exceed a noise reduction coefficient (NRC) of 0.70.

            (3)   The HVAC system of the tenant space shall be designed to ensure adequate ventilation for odor elimination.

            (4)   Identify the outdoor open space that will be used for animal waste elimination and provide a proposed maintenance schedule for the cleaning and removal of animal waste.

         b.   Veterinary and animal service uses in multi-tenant buildings:

            (1)   The wall, ceiling or floor assemblies between the entire tenant space conducting the activity and adjacent tenants shall be constructed to meet or exceed a sound transmission class rating (STC) of 50 and the walls shall extend all the way from the floor to the roof, sealed with a continuous bead of caulk along the top, bottom and side wall intersections of the wall and around any penetrations.

            (2)   The HVAC system for the tenant space shall be completely independent of any other tenant space to eliminate the transmission of sound or odors.

      21.   Recreational Facilities: Characteristics of elements or structures intended to support recreational activities can be determined by their purpose. This section intends to provide performance standards based on those activities or purposes as they relate to recreational uses.

         a.   Activity Area Lighting: Illumination of sport fields, courts, non-residential pools and driving ranges may occur as necessary. Light poles shall not be subject to setback or height regulations; however, lighting mounted on the poles shall be located at the minimum height necessary to achieve typical industry standards for illumination levels for the specific sport or use. Light fixture design shall be such to direct the light to its intended target or shields shall be added to minimize views of the lightbulbs themselves from adjoining properties. Unless otherwise defined as part of the City Council approval of a site plan development permit, activity area lighting that is within 1000' of residentially zoned or used properties shall be turned off within thirty (30) minutes of the conclusion of the activity or closure of the facility, whichever occurs first. All other lighting within a site, including parking lot lighting shall abide by regulations provided elsewhere within this title.

         b.   Activity Area Accessory Buildings: Support accessory buildings which contain uses or activities necessary for operation of the primary use or activity, such as but not limited to concessions, ticket sales, restrooms, equipment storage, and maintenance buildings shall be allowed in any number and at any square footage, subject to the following regulations. With the exception of structures for ticket sales, such buildings shall not be located in a front yard and shall be a minimum of twenty-five feet (25') from the property boundary, unless adjacent to single-family residential zoned or used property, in which case the minimum setback from property boundary shall be increase to fifty feet (50'). The height of building(s) shall comply with chapter 7 of this title.

         c.   Activity Area Structures: Structures to facilitate the use or components of the use, including supporting structures, such as but not limited to goal posts, scoreboards, bleachers, etc., and fencing or fence poles which provide a defined boundary, physical barrier, containment of an activity or component of the activity, or are otherwise necessary for safety of spectators or participants shall be allowed as necessary.

            (1)   For properties developed with single family and medium density residential dwelling units, said structures, may be allowed in a location and at a height which meets the applicable setback, height, and separation requirements for the applicable zoning district for that use. Fence materials shall comply with chapter 14 of this title.

            (2)   For non-residentially and high density residentially zoned properties, said structures may be allowed in a location and at a height necessary to achieve the intent and shall not be subject to setback or height regulations, nor shall be subject to separation from the primary structure requirements. Acceptable fence materials include all industry standard fence materials, including chain link, woven netting and wind or visual screen materials.

            (3)   Scoreboards: Scoreboards are accessory structures to the primary use of a stadium or recreational facility. The current technology available for scoreboards with video display capabilities creates concern for public safety due to the potential distraction to the motoring public viewing the scoreboard from adjacent roadways and the potential intrusion of light and sound into adjacent properties. Every effort should be made in the design and placement of the scoreboard to limit and screen the view of any video display component of the scoreboard from the general public. If the scoreboard cannot be screened to adequately limit its view to patrons of the stadium or recreational facility, and a continuously unobstructed view to the general public of more than five (5) seconds exists, the following performance standards shall apply:

               (A)   Full use of all capabilities of the scoreboard shall be allowed only when an event is in progress within the stadium or recreational facility.

               (B)   Full use of all capabilities of the scoreboard during the day of an event shall be limited to pregame warmups, game duration and postgame postings.

               (C)   Use of the scoreboard during athletic practices and activities with limited spectator involvement shall be limited to score and timing functions and shall not utilize any video display that may be a part of the scoreboard's capabilities.

               (D)   Noise: With the exception of live sporting events and activities related to the live event itself, noise generated from the site shall abide by title 4, chapter 7: Noise Control. The activity itself, announcers and live intermission performances shall be exempted from application of amplified sound restrictions for one-hour before the start of and during the activity; however, all amplified sound shall cease no later than thirty (30) minutes from the conclusion of the sporting event.

      22.   Snow Maintenance Facilities: The intent of this subsection is to allow for the removal of snow and conducting of winter maintenance activities on nonsingle-family developed property on a seasonal basis and according to the following performance standards:

         a.   Maximum Duration: The snow maintenance facility may not be located on a site prior to October 1 and must be removed from the site no later than May 31 unless specific permission is granted by the City.

         b.   Location Within The Site: To the greatest extent practicable, the snow maintenance facility shall be located in an unobtrusive location and minimally visible from any public thoroughfares. Consideration should be given to the placement of the facility within the site to minimize impact to adjacent residential properties.

         c.   Maximum Area Dedicated To The Facility: The maximum number of permanent parking spaces allowed to be used for a snow maintenance facility including material stockpiles, snow removal equipment, storage containers, temporary sheds, etc., shall not exceed twenty percent (20%) of the parking on site or twenty percent (20%) of the site area, whichever is more restrictive.

         d.   Location On Paved Surfaces: All elements of the snow maintenance facility shall be located on paved surface areas. No material, structures or equipment shall be placed within any perimeter parking lot setback.

         e.   Temporary Storage: Temporary structures, semivan trailers, shipping containers and portable on demand storage containers shall be allowed for the storage of material and equipment during the period of time allowed under this subsection A22.

         f.   Advertising Signage: No signage advertising for any business, other than typical company signage on vehicles, shall be allowed to be displayed.

         g.   Removal: On or before May 31, unless an extension is specifically granted by the City, all structures, equipment, unused materials, bulk material piles, etc., associated with the snow maintenance facility shall be removed from the site. All sites shall be completely cleaned of debris and maintenance elements. Site elements shall be properly restored to their prestorage facility condition.

         h.   Other Applicable Laws, Rules And Regulations: Any maintenance operation and the use and/or storage of fuel for equipment and/or chemicals and materials to aid in the removal of snow and ice shall be conducted in accordance with all applicable City, County, State and Federal laws, rules and regulations (i.e., air quality, chemical or material runoff, erosion prevention, Fire Code, etc.).

         i.   Vehicle Maintenance And Repair: Other than immediate repair in the event of a vehicle or equipment breakdown, maintenance or repair of vehicles and equipment within the property is prohibited.

      23.   Vending Machines: Vending machines are evolving to become more than a mechanized device that dispenses small items such as snack foods and beverages. With improvements in vending hardware, software and theft resistant technology, the operational and locational limitations these machines once had, have been removed. The intent of this subsection A23 is to establish performance standards to accommodate the new ways vending machines are being used while being consistent with the goals and policies of the Comprehensive Plan, the stated purpose of each zoning district, to minimize visual clutter, and to maintain the aesthetic and architectural continuity of the community. Vending machines shall be in accordance with the following performance standards:

         a.   All vending machines except outdoor freestanding ATMs, fuel pumps, fuel canister dispensing units, and tire air pumps, vehicle vacuums or other similar devices ancillary to the function or service provided by the primary establishment shall be located within the principal building or vestibule attached to the principal building.

         b.   Any addition to an existing building shall be constructed from similar material and shall have an appearance complementary to the main building.

         c.   No more than fifty percent (50%) of each facade adjacent to the machines can be transparent.

         d.   The vending area shall not block any interior or exterior walkways.

         e.   Signage or advertising is allowed as regulated elsewhere in this title.

      24.   Public Utility Structures: Shall be located in a private or public utility easement or street right-of-way unless they exceed one of the following criteria:

         a.   Exceeds sixty four (64) square feet; or

         b.   Exceeds a height of six feet (6') above grade.

         Those structures exceeding the criteria noted above may be located outside of private or public utility easements or street rights-of-way and must be set back a minimum of thirty five feet (35') from the front yard and a minimum of twenty feet (20') from the side and rear yard. The structure shall be located to comply with the vision clearance requirements of chapter 14 of this title. Utility structures can exist on a lot without an associated principal building. A lot containing only a utility structure does not need to meet the minimum lot size requirements for the zoning district.

Public utility structures exceeding one thousand (1,000) square feet need to meet the principal structure setbacks for the specific zoning district where they are located.

      25.   Tasting Rooms In Conjunction With A Distillery: In those districts where a tasting room is allowed, the tasting room shall only be allowed by approval of a permitted conditional use permit to operate in conjunction with a distillery. The distillery must have a native distilled spirits liquor control license issued through the State of Iowa and a Class LC liquor license issued by the City. For tasting rooms exceeding fifty percent (50%) of the gross square footage of the distillery, or serving cocktails, spirits or liquor produced elsewhere, those uses will be considered a drinking place/bar for purposes of this subsection A25 and regulation.

         Parking space requirements for a distillery with a tasting room will be calculated at the parking rate for SIC 5813, drinking places for that portion of the distillery identified as the liquor consumption area. This parking calculation shall be in addition to the parking requirement for SIC 2085, distillery for that portion of the distillery identified for production purposes.

      26.   Factory Built Structures: All factory built structures not designated as a manufactured or mobile home or a trailer for temporary business or storage use must meet all bulk regulations and design standards of their respective zoning district.

      27.   Cluster Developments: In order to be considered a cluster development, a minimum of fifty percent (50%) of the development area must be set aside, identified for preservation or protection and deed restricted from further development. Cluster development may utilize footprint lots or multiple buildings on one lot, as noted in subsection 9-7-4C, table 7.2 of this title.

         Preservation areas must be identified and legally restricted from further development. These protected areas must be unencumbered by structures, off street parking areas and vehicle use areas but may include landscaped areas, buffers, fences, pedestrian sidewalks/trails and plazas or recreation areas. Stormwater management facilities may be included if they are designed as development or community amenity such as ponds or created wetlands.

      28.   Design Standards For Canopies: For all uses, except single-family residential development, canopies shall comply with the following:

         a.   For this subsection a canopy is defined as a projection or shelter that resembles a roof and is permanent in nature and intended to provide cover for pedestrian areas and entries, outdoor seating areas, vehicle drop-off areas, and transactional areas such as gas pumps, ATM's, drive-thru order stations and pickup windows, online order pickup, etc.

         b.   All structures, either detached or attached to the principal structure, shall be architecturally consistent with the principal structure.

         c.   The intent of the following design standards is to promote an appealing structure that is architecturally consistent with the principal structure, provides visual interest, and balances the mass of the canopy between the elements of the structure such as the canopy and the support structure. For all canopies the following design elements must be present:

            (1)   All canopy supports shall be designed to be in proportion with the canopy size and height, and that dimension shall extend the full height of the support. Supports shall be clad with materials consistent with the materials used for the primary structure.

               (A)   Canopy supports that are subject to impacts due to vehicle traffic shall be constructed with hard surface durable material such as brick or stone or architectural masonry for a minimum of seven feet (7') above the surrounding paved surface. Less durable hard surface materials such as EIFS and composite materials, if consistent with the primary building, may be utilized for the cladding on the upper portion of the column.

            (2)   Canopies one hundred (100) linear feet or greater in length shall be designed to provide visual interest and break the straight line appearance of the length of the canopy by utilizing changes in massing and materials.

            (3)   The color of the canopy shall be consistent with the color of the materials used to construct the primary structure. The color shall not be consistent with the signage colors unless considered part of the primary structure's signage allowance as noted elsewhere in this title.

   B.   The Following Standards Shall Apply To Uses Within All Single-Family Residential Zoning Districts:

      1.   It is the city's intent to promote the aesthetic of the city and enjoyment of property by controlling visual clutter. The presence of lawn mowers, snow removal equipment, bikes, toys, etc. within a yard can result in a chaotic environment and unappealing views. To address this, each property shall provide facilities to accommodate the storage of such items.

      2.   For the purpose of this subsection an "enclosed parking space" or reference to a "garage" shall mean a covered space fully surrounded by walls, including windows, doors and similar openings or architectural features.

      3.   Except for tiny homes as defined in chapter 2 of this title, and unless a waiver is granted by the City, for any detached single-family residential dwelling a minimum of one (1) enclosed garage parking space shall be required for each dwelling. This garage may be attached or detached but shall be located on the same parcel as the dwelling and be of a minimum twenty-foot by fourteen-foot (20' x 14') size to accommodate one vehicle and additional storage.

         a.   A waiver from the garage requirement may be authorized by the Director of Development Services or designee if consistent with all of the following:

            (1)   The dwelling structure does not exceed one thousand six hundred (1,600) square feet in size.

            (2)   The home is owned and occupied by an individual or household with an annual gross income (as defined in 24 CFR part 5 - General HUD Program Requirements; Waivers) at or below eighty percent (80%) the Area Median Income (AMI), with the income limit adjusted for household size in accordance with the methodology of the HUD standard. Proof of owner/occupant income will need to be verified by the City prior to issuance of an occupancy (temporary or final) permit for the dwelling.

            (3)   A minimum ten foot by ten foot (10' x 10') detached shed is provided within the rear yard of the subject property, or a minimum one hundred (100) square foot indoor area dedicated to storage is constructed on the back of or within the home, accessed directly from the exterior and includes a minimum four foot (4') wide access door.

            (4)   A minimum fifteen foot (15') side yard setback, as measured to the closest element of the home, excluding roof overhangs is provided on one side of the dwelling structure with the other side yard setback meeting the minimum required distance for the designated zoning district. If the property can be accessed from an existing alley, a fifteen-foot (15') setback on one side shall not be required and minimum side yard setbacks shall be provided as stated in this Code for the respective zoning district.

            (5)   Off-street parking stalls as required per chapter 15 of this title are provided within the subject property.

            (6)   A deed restriction is recorded against the property establishing a retention period in which the home must be occupied by an individual or household at or below eighty percent (80%) AMI. The home may not be owned or rented to an individual or household that is not at or below the eighty percent (80%) AMI. In the event the home is sold or rented to an individual or household above eighty percent (80%) AMI, the value of the waiver as specified per the agreement shall be repaid to the lender according to terms outlined in the agreement.

         b.   Those properties which contain a tiny home shall provide a minimum ten-foot by ten-foot (10' x 10') storage shed or twenty-foot by fourteen-foot (20' x 14') garage shall be provided within the property upon which the tiny home is located for exclusive use by the occupants of the tiny home. Existence of the shed or garage shall be verified by the Development Services Director or designee prior to release of the electric meter for the tiny home.

         c.   All single-family residential properties which currently have a dwelling structure, but no garage as of May 6, 2019 shall be considered grandfathered and are not required to implement a garage or shed/structure for storage.

         d.   Any property which at the direction of the City which is required to remove an existing garage due to safety concerns, shall not be required to construct a new garage or shed/structure for storage.

      4.   Any existing detached single-family residence which is damaged or destroyed by catastrophe or act of God to the extent equaling fifty percent (50%) or more of its total assessed value, shall be exempt from the provisions of this Code regarding the garage requirement as a part of the reconstruction of the damage to the residential structure due to the catastrophe or act of God.

      5.   For Single Family Zoning Districts in or adjacent to residentially developed areas, buildings should be designed to be consistent with its surrounding architectural context or historic character of the area with comparable architectural design, materials and details, including building mass and roof slope.

   C.   The Following Standards Shall Apply To Uses In The Medium Density Residential Zoning District:

      1.   Access: The design and orientation of these uses should be to provide principal access to arterial and collector streets.

      2.   Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide for circulation within the project to and from the dwelling units to anticipated destinations (i.e., management office, recreation facilities, playground, etc.) and to the public sidewalks and pathways adjacent to the project. All sidewalks, walkways and paths, shall be located and designed to provide adequate physical separation from vehicles along all public and private streets, interior vehicular roadways, and any parking area. Adequate physical separation from a street or roadway shall mean a minimum setback is provided as indicated in Section 9-3-11 of City Code when the curb of the street or interior vehicular roadway from which the sidewalk is setback is a vertical four inch (4") or greater standard barrier curb. Implementation of a mountable curb design (i.e., rolled or sloped curb) shall require the sidewalk setback from the curb to be increased to a distance consistent with that required for a “Local” designated public street. Except for adjacent to handicap parking stalls, all off-street parking areas shall be bounded by a vertical four inch (4") or greater standard barrier curb.

      3.   Garage or Storage Structure: It is the city's intent to promote the aesthetic of the city and enjoyment of property by controlling visual clutter. The presence of lawn mowers, snow removal equipment, bikes, toys, etc. within a yard can result in a chaotic environment and unappealing views. To address this, any detached residential dwelling or horizontally attached dwelling (no living above) located in a medium density zoning district, shall provide dedicated space for the storage of personal items that are typically kept outside, and which could be visible from adjoining public roadways and properties outside of the development. To meet the requirement for dedicated storage space, each dwelling shall provide one of the following:

         a.   Garage, either attached or detached, that is a minimum twenty- foot by fourteen-foot (20' x 14') size to accommodate one vehicle and additional storage.

         b.   A minimum ten-foot by ten-foot (10' x 10') detached storage shed within walking distance to the dwelling structure.

         c.   A minimum one-hundred (100) square foot indoor area dedicated to storage is constructed on the back of or within the home, accessed directly from the exterior and includes a minimum four foot (4') wide access door.

         d.   In lieu of a dedicated garage or storage structure, opaque screening of all resident outdoor use areas (private patios or 'yards') which are visible from a roadway or property outside of the development may be provided. Said visual screening may be achieved through implementation of one or more of the following:

            (1)   A six foot (6') tall solid fence or wall located along the perimeter boundary of the development. Said fence or wall shall be setback a minimum of ten feet (10') from the perimeter boundary. Landscape vegetation in numbers equal to 1/3 of a typical thirty foot (30') wide landscape buffer shall be provided on the public side of the fence or wall to soften the presence of the fence or wall.

            (2)   A minimum six foot (6') high earthen berm located along the perimeter boundary of development. Said berm shall be designed with undulation to provide a natural appearance and layered to ensure blockage of all views into the site. Vegetation shall be provided to anchor the berms to the site and achieve a natural appearance.

            (3)   A minimum six foot (6') tall solid fence or wall enclosing the private outdoor use area for each dwelling.

   D.   The Following Standards Shall Apply To Uses Within The High Density Residential District:

      1.   Access: These uses should be designed and oriented to provide principal access to arterial and collector streets and should not be designed to direct traffic through single-family residential districts to access the arterial or collector street.

      2.   Architecture: Architectural design for multi-family buildings shall attempt to express a creative presentation of exterior building materials, exterior details and texture, treatment of windows and doors, and use of angles and multiplicity of planes within the wall and roof design to lessen the plainness of appearance which can be characteristic of large residential buildings. The use of brick or stone shall be incorporated into the building's architecture on all sides of the structure, and thereof design of any and all buildings within the High-Density Residential District shall be pitched or gabled and reflect a residential appearance in nature, unless the City Council, after review by the Plan and Zoning Commission shall determine that the use of alternate building materials and style, enhances the physical appearance and accomplishes a compatible structure with the residential uses in the neighborhood.

      3.   Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide for circulation within the project to and from the dwelling units to anticipated destinations, such as the management office, recreation facilities, playground, etc., the public sidewalks and pathways adjacent to the project, and public transportation stops and transfer centers. All sidewalks, walkways and paths, shall be located and designed to provide adequate physical separation from vehicles along all public and private streets, interior vehicular roadways, and any parking area. Adequate physical separation from a street or roadway shall mean a minimum setback is provided as indicated in Section 9-3-11 of City Code when the curb of the street or interior vehicular roadway from which the sidewalk is setback is a vertical four inch (4") or greater standard barrier curb. Implementation of a mountable curb design (i.e., rolled or sloped curb) shall require the sidewalk setback from the curb to be increased to a distance consistent with that required for a “Local” designated public street. Except for adjacent to handicap parking stalls, all off-street parking areas shall be bounded by a vertical four inch (4") or greater standard barrier curb.

   E.   The Following Standards Shall Apply To All Commercial Districts Unless Noted Otherwise In This Title:

      1.   Outside Storage And Displays: No merchandise shall be stored or displayed outside a building except as allowed by the approval of the City Council as part of a site plan permit, or as permitted by a temporary use permit issued by the Development Services Department.

      2.   Architecture: In all commercial zoning districts, all sides of commercial buildings shall be architecturally treated to produce an aesthetically pleasing facade which is of a design compatible with surrounding buildings and the character of the community and shall be reviewed through the applicable development permit process.

      3.   Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide for safe, convenient, and attractive on site pedestrian circulation access linkage to and from surrounding residential and employment areas to anticipated destinations, such as the public sidewalks and pathways adjacent to the project and public transportation stops and transfer centers. All sidewalks, walkways and paths, shall be located and designed to provide adequate physical separation from vehicles along all public and private streets and drives within any parking area.

      4.   Community Commercial District:

         a.   Individual commercial uses within a Community Commercial District should be tied together by prominent common features such as architectural theme, roofing material and style, and landscape materials.

         b.   Primary access into a Community Commercial District use shall not be taken off local residential streets.

      5.   Neighborhood Commercial Districts:

         a.   Buildings in the Neighborhood Commercial District shall be limited to a height of one story and shall have a residential style roof design (e.g., mansard, pitched, gabled, etc.), unless otherwise approved by City Council.

         b.   All uses within a Neighborhood Commercial District shall be specifically designed and operated to be compatible with the adjacent residential uses. Specifically, limitations on design and operation of uses shall include architectural and building mass, hours of operation, delivery hours, noise and lighting controls, signage and traffic considerations and shall be reviewed during the site plan or permitted conditional use permit (Pc) review process.

         c.   Unless otherwise authorized by the City, outdoor display of merchandise may occupy an area equal to or less than an amount of square feet that is twenty percent (20%) of the gross square feet of the tenant space in the principal building. This display area may occupy an area located adjacent to the tenant space, without encroaching into any sidewalk (a 4 foot wide sidewalk must be maintained) or parking area.

         d.   Unless otherwise authorized by the City, outdoor storage of larger or bulk merchandise may occupy an area equal to no more than ten percent (10%) of the gross square foot of the tenant space in the principal building. All outdoor storage is expected to be surrounded with an opaque enclosure up to eight feet (8') tall; no material can exceed the height of the enclosure. This area shall not be located within required front yard, parking areas or required open space.

      6.   Architecture Requirements In The Valley Junction Commercial District And The Valley Junction Historic Business District: All uses within the Valley Junction Commercial District and the Valley Junction Historic Business District should be designed with the historical character of the area in mind and encourage the preservation of significant historical, natural, cultural sites and other unique landmarks.

      7.   Pawnshops And Check Cashing, Payday Loan, Personal Credit Institutions, And Delayed Deposit Services Businesses: The following shall apply to pawnshops and check cashing, payday loan, personal credit institutions, and delayed deposit services businesses:

         a.   No person shall cause or permit the establishment of any pawnshops or check cashing, payday loan, personal credit institutions, and delayed deposit services businesses within one-half (1/2) mile from any other such business.

         b.   No person shall cause or permit the establishment of any pawnshops or check cashing, payday loan, personal credit institutions, and delayed deposit services businesses within two hundred fifty feet (250') of any existing residential property or residentially zoned property or a portion of a PUD district restricted to residential use.

         c.   For the purposes of this section, measurement of separation distances shall be taken on a direct line from the property line of such pawnshop or check cashing, payday loan, personal credit institution, and delayed deposit services business to the point on the property line of such other business, residential property or residentially zoned property, or portion of a PUD district restricted to residential use which is closest to the property line of such pawnshop or check cashing, payday loan, personal credit institution, and delayed deposit services business.

         d.   The establishment of a pawnshop or check cashing, payday loan, pawnshops and check cashing, payday loan, personal credit institution, and delayed deposit services business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to a pawnshop or check cashing, payday loan, pawnshops and check cashing, payday loan, personal credit institutions, and delayed deposit services business.

   F.   The Following Standards Shall Apply To All Uses Within The Office District:

      1.   Permitted Uses With Drive-Up Facilities: Any use that is allowed in this district that includes a drive-up or drive-through window or facility shall screen the drive-through from the public thoroughfare through the use of berming and landscaping, fencing and landscaping, or architectural screening. The proposed screening shall be identified on the plan submitted for a development permit for review.

      2.   Permitted Uses With Garage Doors: Any use that is allowed in this district that includes a drive-in bay within the building that is accessed through a garage door, said garage door shall be screened from view from the public street through the use of berming and landscaping, fencing and landscaping, or architectural screening. The proposed screening shall be identified on the plan submitted for a development permit for review.

      3.   Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide for safe, convenient, and attractive on site pedestrian circulation access linkage to and from surrounding residential and commercial areas to anticipated destinations, such as the public sidewalks and pathways adjacent to the project and public transportation stops and transfer centers. All sidewalks, walkways and paths, shall be located and designed to provide adequate physical separation from vehicles along all public and private streets and drives within any parking area.

      4.   Site Furnishings: The provision of site furnishings and pedestrian plazas should be encouraged in outdoor open spaces. Such amenities as seating areas, fountains, pools, information/exhibit kiosks and works of art are desirable. Site furnishing components should enhance and respect the scale of the urban spaces in which they are placed. Adjacent sites are encouraged to work together to develop an overall site furnishings scheme.

   G.   The Following Standards Shall Apply To Uses Within The Professional Commerce Park District:

      1.   Intent Of The District: The principle of spacious separation and adaptation of the manmade elements to be harmonious with the natural environment shall dominate the central design theme of the site and structural planning in this district. To accomplish this objective, the standards listed below shall be considered as minimum acceptable standards. While this district is predominately occupied by spacious office uses, certain uses not considered professional- commerce and certain inherent physical characteristics shall be considered compatible or incompatible with the intent of this district as follows:

         a.   Retail commercial uses not specifically permitted in this district, with independent access to the building and/or signage that is visible from the exterior of the building, shall be prohibited. Any enterprise or service which is specifically intended to augment, facilitate, be subsidiary and be accessory to the planned principal uses shall be permitted, providing such use shall be physically accomplished in an aesthetically compatible manner wholly within the confines of the building and shall comply with all restrictions or performance standards applicable to the principal uses.

         b.   Any enterprise which cannot wholly enclose its functions within the principal structures or otherwise effectively conceal its functions from public observation, shall be prohibited. Drive-through windows and drive-up facilities shall be prohibited in this district except as otherwise identified in this title. Any drive-through facility shall be screened from the public thoroughfare through the use of: 1) berming and landscaping, or 2) fencing and landscaping, or 3) architectural screening.

            (1)   Berming: Designed by a registered landscape architect, architect or engineer; with earth berming and landscape plantings, the plantings shall be predominately of evergreen type trees and shrubs as to assure year round effectiveness. The earth berming shall be a minimum height of three feet (3') above the top of curb of the adjoining parking lot, if applicable, or public thoroughfare, whichever is higher, and shall be designed to not negatively affect the drainage of the surrounding area and to be aesthetically pleasing to the general public. Berms may be required to be higher if the minimum height is identified during the development review process as being inadequate to provide effective screening and buffering.

            (2)   Landscape Plantings: The equivalent of one overstory tree and three (3) shrubs per thirty five (35) linear feet of the area adjacent to the public thoroughfare. Deciduous trees shall be a minimum two (2) to two and one-half inch (21/2") caliper, evergreen trees shall be a minimum six feet (6') in height and will be equal to one overstory tree. Shrubs shall be a minimum size of eighteen inches (18") to twenty four inches (24"). Whenever practical, existing trees and shrubs should be preserved and incorporated into the overall design and can be included to meet the total number of required trees and shrubs, if it is determined during the development review process that the existing trees will provide the necessary screening and buffering.

Substitution of plant materials will be allowed at the following rate:

Two (2) ornamental trees or five (5) shrubs may be substituted for one overstory tree.

In no case shall the substitution of overstory trees be in excess of fifty percent (50%) of the required number, except in extenuating circumstances, such as under overhead power lines.

In any case, the design shall simulate natural tree stands with groupings and masses rather than linear or symmetric lines, unless the overall landscape design is of a more formal nature and deemed appropriate by staff during the development review process.

            (3)   Fencing And Architectural Screening: Architectural design and use of materials for the construction within the property shall be accomplished in a manner compatible with PCP professional commerce park zone district building standards. The architectural design of the fencing and screening shall be acceptable to the city, by being reviewed by city staff, recommendation made by the planning and zoning commission and approved by the city council. The design and style of such an element shall be in context with the surrounding environment and shall be constructed such that the drive-through is visually screened from the public view and adjoining properties. Drive-throughs located away from the public view (rear yard or side yard) are preferred.

   H.   The Following Standards Shall Apply To All Uses Within The Business Park District Unless Noted Otherwise In This Title:

      1.   Outside Storage: Any enterprise which cannot wholly enclose its functions within the principal structures shall be prohibited.

      2.   Architecture: While it is not the purpose of this chapter to dictate or specify building materials and structural standards, the importance of material strength and permanency and their relationship to the central aesthetic character of the district shall be recognized. The use of high quality, durable materials will result in appreciation of improvements over time.

         a.   The architectural design of any building shall be acceptable to the city, and all buildings within a property shall have all sides of any building built on the property consistent in design and use of materials. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum siding, nonarchitectural sheet metal, concrete block, or other similar materials shall constitute a portion of any building except as a trim material, unless the city council, after having received a recommendation from the planning and zoning commission, shall determine said material, when used as a primary element, enhances the physical appearance, or provides continuity desired to unite all structures within the property together into one project concept.

         b.   Preferred building materials include, but are not limited to, brick, stone veneers, granite, architectural metals, cast in place concrete panels, decorative concrete block and tinted glass. This principle shall not be construed to prevent the use of material innovation nor progressive structural design; however, it shall recognize the strength of stone as compared to the frailty of paper mache, the permanency of brick as compared to constant maintenance of wood veneer, the strength of concrete and steel as compared to the frailty of light sheet metal, etc.

      3.   Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide for safe, convenient, and attractive on site pedestrian circulation access linkage to and from surrounding residential and employment areas to anticipated destinations, such as the public sidewalks and pathways adjacent to the project and public transportation stops and transfer centers. All sidewalks, walkways and paths shall be located and designed to provide adequate physical separation from vehicles along all public and private streets and drives within any parking area.

      4.   Site Furnishings: The provision of site furnishings and pedestrian plazas should be encouraged in outdoor open spaces. Such amenities as seating areas, fountains, pools, information/exhibit kiosks and works of art are desirable. Site furnishing components should enhance and respect the scale of the urban spaces in which they are placed. Adjacent sites are encouraged to work together to develop an overall site furnishings scheme.

      5.   Multiple Buildings On One Site: Multiple use of the site by more than one building shall be permitted, provided that a master plan, and any other covenants that are established as deemed necessary by the City Council, to ensure the use of multiple buildings on a site will be consistent in architectural design and use of materials and organized utilizing a compatible planned open space, landscape plan, and parking plan to serve and maintain a unified master plan concept.

      6.   Abatement Or Elimination Of Offensive Activities And Characteristics: Complete abatement or elimination of all generally offensive or obnoxious characteristics, such as odors, gases, noise, vibration, pollution of air or water or soil, excessive and unnatural lighting intensity, unusual human activity, hazardous activity, etc., which may be detrimental to the general welfare of this community, shall be accomplished.

      7.   Traffic Impact: No use shall involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.

   I.   The Following Standards Shall Apply To All Industrial Districts Unless Noted Otherwise Within This Title:

      1.   Industrial District Standards: All uses allowed in the industrial districts shall conform to the performance standards to permit potential industrial nuisances to be measured, factually and objectively; to ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and to protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past.

      2.   Glare And Heat: Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

      3.   Vibration: No operation shall cause inherent and recurring generated vibration perceptible without instruments at any point along the property line. Transportation facilities or temporary construction are excluded from this restriction.

      4.   Light: Exterior lighting, except for overhead street lighting and warning, emergency, or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals shall be unlawful.

      5.   Smoke Emissions: No person, firm or entity shall emit or cause to be emitted into the atmosphere from any air contamination source of emission whatsoever any air contaminant which is in violation of the provisions of the Polk County Board of Health rules and regulations for air pollution or any other local, County, State or Federal regulations.

      6.   Odor Emissions: No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits:

         a.   For areas used predominantly for residential or commercial purposes, it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor free air.

         b.   In all other land use areas, it is a violation if odors are detected after the odorous air has been diluted with fifteen (15) or more volumes of odor free air.

         c.   When the source is a manufacturing process or agricultural operation, no violation of subsections K6a and K6b of this section shall be cited by the City, provided that the best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous gases, and, where applicable, in determining the best practical control methods, the City shall not require any method which would result in an arbitrary and unreasonable taking of property or in the practical closing of any lawful business or activity if such would be without corresponding public benefit.

         d.   For all areas, it is a violation when odors are detected after the odorous air has been diluted with one hundred twenty seven (127) or more volumes of odor free air, in which case the provisions of subsection K6c of this section shall not be applicable.

      7.   Hazardous Materials: If the proposed uses or tenants of the project are known to use and/or store hazardous materials (including hazardous wastes) on site, the project shall be designed to comply with all Fire and Building Codes for the hazardous materials use, and adequate precautions shall be taken to protect against negative off site impacts of a hazardous materials release, using best available technology.

      8.   Industrial Effluent: All uses shall comply with the provisions of the industrial pretreatment ordinance and any other applicable local, County, State or Federal regulations.

      9.   Membrane Structures: Membrane structures are allowed only in General Industrial and Light Industrial Zoning Districts for the storage of bulk materials and limited equipment necessary to load, unload, or move said materials. Structures must have foundations and/or sidewalls constructed with durable materials to the anticipated material height at the exterior walls and be designed to withstand the loads and impacts related to the storage, loading, and unloading of bulk materials. Membrane cladding and the related support structure can only be utilized for the portion of the structure not subject to bulk material loads or impacts, and must have a minimum of a ten (10) year useful life. In the event that the membrane structure becomes torn or falls into disrepair, it shall be removed or replaced. Failure to do so will be considered a public nuisance and the structure will be abated in accordance with title 4, chapter 4, "Nuisances", of this Code. Structures must meet all adopted Building and Fire Codes and comply with applicable setback and bulk regulations for the specific zoning district where they are located. In addition to the size of each structure(s) and materials being stored, structures located within twenty feet (20') of another shall be treated as one for the purposes of determining fire suppression requirements.

   J.   The Following Standards Shall Apply To All Uses Within The Warehouse Retail District:

      1.   Outdoor Storage And Displays: Outdoor storage is allowed in the Warehouse Retail District in rear and side yards away from the public right-of-way provided that: a) the location of such storage has been approved in conjunction with a site plan; and b) the entire area to be used for outdoor storage is opaquely screened by a fence, screen wall, or a very dense stand of evergreen trees. The height of the fence, wall, or stand of trees shall be at least as high as the object(s) being screened. In this district, fences of twelve feet (12') high will be allowed. Outdoor display areas, such as car sales uses, may be allowed provided that they are approved as part of a site plan and do not detract from the general aesthetics of the surrounding area.

      2.   Architecture: All buildings shall be aesthetically pleasing and of a design compatible with surrounding buildings and the character of the community. Attention to architectural details such as the treatment of doors, windows, and the definition and treatment of the base, middle, and top of a building shall be paid to the public entrances of the building and those sides of the building within public view. Emphasis shall be placed on breaking up the mass of long blank walls. Accepted materials include brick, stone, wood, and limited usage of EIFS and metal, unless the City Council, after review by the Planning and Zoning Commission determines that the use of alternate building materials and style enhances the physical appearance and accomplishes a compatible structure.

      3.   Multiple Buildings On One Site: Multiple use of the site by more than one building shall be permitted, provided that a master plan, and any other covenants or documents that are deemed necessary by the City Council or Board of Adjustment, are provided and approved. Such master plan and supporting documents can be used to establish a common plan to meet the City's open space, stormwater, landscaping, lighting, and parking requirements. The architectural style and building materials used on multiple buildings on one site should be compatible.

   K.   Regulation Of Specific Activities, Jordan Creek Town Center Overlay District:

      1.   Purpose: The purpose of this subsection M is to provide for the reasonable regulation of specific activities within the Jordan Creek Town Center Overlay District to ensure that such activities are harmonious with the pedestrian oriented village atmosphere of the district and that the operation of such activities is compatible with the surrounding land uses.

      2.   Findings: The City Council makes the following findings:

         a.   The Town Center Overlay District is an overlay zoning district that seeks to incorporate residential, retail, office and recreational activities in a specific area of the City. The overall objective of the district is to create a village atmosphere that provides a safe, convenient, energetic and attractive area in which to live, work, shop and play.

         b.   The Town Center Overlay District seeks to achieve a pedestrian friendly environment while offering a varied choice of residential, retail, office and recreational opportunities.

         c.   The Town Center Overlay District seeks to balance the presence of office and retail establishments with the goal of creating a traditional residential community. Attaining a balance between the integration of office and retail establishments with a residential community to achieve a traditional work, live and play environment requires reducing the dependence upon and dominance of the automobile and recognizing the appropriate relationship between each permitted land use.

         d.   Certain permitted uses within the Town Center Overlay District provide the appropriate balance and serve to complement other permitted uses within the district. However, the secondary effects of such uses may be detrimental to the surrounding area.

         e.   Commercial and retail establishments in excess of one hundred thousand (100,000) square feet generate significantly more traffic, noise and light than other uses permitted within the district.

         f.   Larger retail establishments tend to attract a concentration of customers and traffic patterns that are not compatible with the sleep and domestic patterns of traditional neighborhoods; smaller retail establishments do not attract similar concentrations of customers or such concentrations of traffic patterns.

         g.   Large retail establishments, while appropriate at certain hours, are inappropriate at other hours due to the generation of traffic, noise and light which detrimentally affect both the residential uses of the district and the surrounding residential areas.

         h.   Additionally, automotive repair facilities, while appropriate in a mixed use environment at certain hours, also generate excessive noise due to the nature of the facility, and their operation is therefore inappropriate in a mixed use environment after certain hours.

         i.   Commercial, retail and office uses also require the delivery of merchandise and supplies by commercial motor vehicle which are necessary for the operation of the commercial, retail or office use. Such deliveries often generate noise that may cause undue disruption to the surrounding area.

         j.   Residential uses are more sensitive to the noise and disruption caused by the delivery of the merchandise and supplies, making it necessary to balance the needs of the commercial, retail and office uses with the needs of the surrounding residential uses.

         k.   In seeking to provide the desired traditional relationship between all permitted uses within the district while addressing the detrimental effects large commercial and/or retail establishments may have on existing land uses both within and surrounding the district, the imposition of reasonable conditions is necessary.

Therefore, based upon the findings set forth above, it is the determination of the City Council of the City of West Des Moines that the following conditions are the most appropriate and least restrictive and are reasonable and necessary to address the detrimental effects resulting from certain uses within the Town Center Overlay District.

      3.   Definitions:

AUTOMOTIVE REPAIR FACILITY: Any and all facilities as established and defined by standard industrial classification group 75, excluding car wash facilities.

COMMERCIAL OR RETAIL USE: A development or improvement used for the barter, exchange, sale, service, or trade of goods and/or materials for financial, material or monetary gain.

DELIVERY: The act of conveying or transferring property through the use of a truck, carrier or other commercial vehicle designed primarily for carrying livestock, merchandise or freight of any kind.

RESIDENTIAL: Any lot, plot, parcel, tract, area, piece of land or building used or intended to be used for family dwelling purposes, including concomitant uses specified herein.

      4.   Conditions On Specific Activities Within The Town Center Overlay District:

         a.   Conditions:

            (1)   Hours Of Delivery: No delivery shall be made within the Town Center Overlay District between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. and no stationary refrigerated cargo container or delivery vehicle shall be allowed to operate the compressor unit of the refrigerated container between these hours.

            (2)   Hours Of Operation: No commercial or retail use permitted within the Town Center Overlay District having an area in excess of one hundred thousand (100,000) square feet shall be open to the public between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M., except as otherwise authorized.

No automotive repair facility shall be open to the public between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M.

            (3)   Maximum Light Illumination: No use permitted in the Town Center Overlay shall be allowed to display an exterior light that exceeds one foot-candle as measured at the user's property line.

No lighting fixture in the Town Center Overlay District shall exceed twenty five feet (25') in height as measured from the grade to the top of the fixture.

All lighting fixtures in the Town Center Overlay District shall be cutoff fixtures and no wall pack or floodlighting shall be allowed. Canopy lighting used for drive-ups or gas pumps shall be limited to the use of a recessed or flush lighting fixture, and no part of the fixture shall be visible from the street.

         b.   Exceptions: Upon application, the Director of Community Development or the Director's designee shall allow the applicant to accept deliveries at times outside the hours of operation set forth in subsection M4a(1) of this section, if such deliveries, as determined by the Director of Community Development or the Director's designee, are essential to the operation of the establishment and cannot be made during the normal hours of delivery.

Upon application, the Director of Community Development or the Director's designee may allow the applicant to be open to the public beyond the hours designated in subsection M4a(2) of this section as it is recognized that there are special circumstances that justify such operation on a limited basis. Extended hours may be granted one time each calendar year for a period not to exceed four (4) consecutive calendar days.

Notwithstanding anything contained herein to the contrary, the limitation on hours of operation designated in subsection M4a(2) of this section shall not apply to the period beginning seven (7) calendar days before each Thanksgiving and continuing through and including January 7 of the following calendar year. (Ord. 1190, 6-17-1996; amd. Ord. 1251, 6-16-1997; Ord. 1629, 4-25-2005; Ord. 1638, 6-20-2005; Ord. 1697, 6-5-2006; Ord. 1839, 9-21-2009; Ord. 1860, 3-22-2010; Ord. 1901, 12-27-2010; Ord. 2081, 2-9-2015; Ord. 2123, 11-2-2015; Ord. 2124, 11-2-2015; Ord. 2141, 4-4-2016; Ord. 2143, 5-2-2016; Ord. 2145, 5-16-2016; Ord. 2160, 7-25-2016; Ord. 2162, 8-8-2016; Ord. 2176, 10-31-2016; Ord. 2187, 12-12-2016; Ord. 2201, 3-6-2017; Ord. 2210, 4-17-2017; Ord. 2224, 5-30-2017; Ord. 2248, 9-18-2017; Ord. 2265, 12-11-2017; Ord. 2269, 1-8-2018; Ord. 2274, 2-5-2018; Ord. 2357, 5-6-2019; Ord. 2358, 5-6-2019; Ord. 2364, 6-3-2019; Ord. 2454, 12-7-2020; Ord. 2493, 10-4-2021; Ord. 2511, 4-18-2022; Ord. 2513, 5-2-2022; Ord. 2540, 9-19-2022; Ord. 2566, 5-15-2023; Ord. 2570, 7-5-2023; Ord. 2589, 12-4-2023)