1.   District Establishment. In order to carry out the purpose and intent of this Zoning Ordinance, the area is divided into zoning district classifications as follows:

R-1   One-Family Residence District

R-2   One-Family and Two-Family Residence District

R-3   Multiple-Family Residence District

R-3A   Planned Multiple-Family Residence District

R-5   Mobile Home Park Residence District

C-1   Neighborhood Retail Commercial District

C-2   General Retail, Highway Oriented, and Central Business Commercial District

C-2A   Central Business Commercial District

C-3   Limited Highway Oriented Commercial District

M-1   Light Industrial District

M-2   Heavy Industrial District

M-3   Limited Industrial District

PUD   Planned Unit Development District

U-1   Conservation and Public Utility District

2.   Zoning Map. The boundaries of the districts listed in subsection 1 are indicated upon the official zoning map of the City, which map is made a part of this Zoning Ordinance by reference to it in this section. The official zoning map and all the notations, references and other matters shown thereon shall be as much a part of this Zoning Ordinance as if the notations, references, and other matters set forth by said map were all fully described in this section. The official zoning map shall be on file in the office of the City Clerk and shall bear the signature of the Mayor, attested by the City Clerk, under the certification that this is the official map referred to in the Zoning Ordinance.

3.   Changes; Ordinance Required. Changes in the district boundaries or other matters portrayed in the official zoning map shall be made by ordinance which shall identify the affected property by legal description, the zoning district in which it then lies, and the new district to be established for said property. The Clerk shall attach a certified copy of the amending ordinance to the official zoning map.1  

4.   Adoption of New Zoning Map. The Council may from time to time adopt a new official zoning map, which shall supersede the prior official zoning map, in the event that the official map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof.

5.   Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

   A.   Boundaries indicated as approximately following the centerlines of streets, highways, alleys or other public rights-of-way shall be construed to follow such centerlines.

   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

   C.   Boundaries indicated as approximately following City limits shall be construed as following City limits.

   D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

   E.   Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as following a platted lot line or for unplatted property as moving with the actual shoreline.

   F.   Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the official zoning maps or, if not dimensioned, shall be determined by the scale shown on the map.

1.   Purpose and Application. It is the intent and purpose of this section to establish a procedure which will enable the City to review certain proposed improvements to property within specified zoning districts of the City to insure compliance with all applicable zoning, subdivision, and building regulations. Site plans in conformance with this section, with the exception of site plans for one-family and two-family dwellings and their associated accessory buildings (See Section 197.03), shall be required whenever any person proposes to place any building, structure or hard surfacing for which a building permit is required under any other section of this code, on any tract or parcel of land.

2.   Site Plan Approval Prerequisite to Building Permit and Certificate of Occupancy and Use Issuance. No building permit shall be issued for the construction of any structure or hard surfacing that is subject to the provisions of this section and/or Chapter 156 until a site plan has been submitted covering the land upon which such structure or hard surfacing is to be located, and further, approved for such development in accordance with this section and/or Chapter 156. No certificate of occupancy and use shall be issued for such structure or hard surfacing until all terms and conditions of the approved site plan have been satisfactorily completed or provided for.

3.   Design Standards. The standards of design provided in this section are intended to establish criteria for those items that affect the physical aspect of Ankeny’s environment. These criteria are not intended to restrict design; however, they are intended to create a focus on development that maintains a satisfactory function and appearance within the City. It is the intent of these regulations to maintain or enhance neighborhood character, preserve values, and promote the public health, safety, and general welfare.

   A.   Site Development.

      (1)   The orientation, alignment, spacing and placement of a building driveway, parking area and/or service area on the site shall be compatible with and complimentary to buildings and sites in the neighboring area.

      (2)   The site shall be planned to be compatible with the streetscape that is prevalent in the area.

      (3)   The site shall provide for adequate parking and circulation for vehicles, bicycles, and pedestrians. This includes safe bicycle and pedestrian movement from public walks to the building and from parking areas to the building.

      (4)   The site shall have such entrances and exits upon adjacent streets and such internal traffic circulation pattern as will not unduly increase congestion or decrease safety on the site or surrounding public streets. Studies of the traffic impact shall be provided if deemed necessary by the Department Director.

      (5)   Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other means so as to reduce their impact on public ways and adjoining properties.

      (6)   Service areas, loading and unloading docks, delivery areas, dumpsters, outside storage areas and large storm water detention basins shall be treated with decorative elements, building wall extensions, plantings, berms, or other means so as to screen them from view from public ways and adjoining properties.

      (7)   All newly installed utility lines shall be underground and entry fixtures located away from high use areas or screened in an approved manner.

      (8)   Exterior lighting, when used, shall enhance the building design and the adjoining landscape. All lighting should be appropriate to the use of the building and surrounding properties with intensity of illumination limited to its intended use and not as an attraction to the site. Lighting shall be directed to eliminate impacts on adjoining sites.

      (9)   The design shall provide adequate provisions for surface and subsurface drainage. Storm water detention, drainage and storm sewer improvements shall be designed to reduce the danger of erosion, flooding, landslide or other endangerment of surrounding property.

      (10)   Utility connections to water and sanitary sewer lines shall be designed so as to not overload existing public utility lines. Studies of system loading shall be provided if deemed necessary by the Department Director.

      (11)   Site design should provide open space in areas visible to the public. A majority of the required open space should be located in front and side yards.

      (12)   Landscaping shall enhance architectural features and contribute to the beauty and utility of a development. Existing trees should be protected whenever possible to maintain the maturity of the site.

   B.   Building Design.

      (1)   Buildings shall have good scale and maintain or enhance the established scale of buildings and sites of neighboring buildings and sites.

      (2)   Materials selected for buildings shall provide compatible textures and colors with those of neighboring buildings.

      (3)   Materials selected for buildings shall be compatible with the architecture of the building. Materials selected for suitability to the type of buildings and the design in which they are used. Materials should provide for strength and permanence.

      (4)   All mechanical equipment or other utility hardware on roof, ground or buildings, refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from or located as not to be visible from public view, using materials consistent with the building and site.

      (5)   Multiple buildings on the same site shall provide for compatible and complimentary design materials while limiting repetitive, monotonous design.

      (6)   Specific Building Material Standards:

         a.   Base. All buildings will have a base, at least three feet in height, around the entire perimeter of the building that consists of a durable, permanent material, such as:

            i.   Brick, including full-depth and thin brick;

            ii.   Stone, including natural or cultured stone that simulates natural stone, limestone, granite, and marble;

            iii.   Architectural (textured, not smooth face) concrete masonry units (CMU), including split face, weathered face, sandblasted face, or ground face block;

            iv.   Pre-cast concrete; or,

            v.   Other similar durable material as approved by the Plan and Zoning Commission.

         b.   Primary Materials. The primary building materials used for exterior finishes must be of high-quality and durability. These include:

            i.   Brick, including full-depth and thin brick;

            ii.   Stone, including natural or cultured stone that simulates natural stone, limestone, granite, and marble;

            iii.   Glass;

            iv.   Architectural (textured, not smooth face) concrete masonry units (CMU), including split face, weathered face, sandblasted face, or ground face block;

            v.   Pre-cast concrete; or,

            vi.   Other similar high quality materials as approved by the Plan and Zoning Commission.

         c.   Secondary Materials. The secondary building materials used for exterior building walls include:

            i.   Stucco (Portland cement plaster) with three coats of metal lath or wire fabric lath;

            ii.   Exterior Insulation Finish System (EIFS), provided use of a wall drainage system (barrier wall systems are prohibited) and used only above the base of the building;

            iii.   Lap siding (wood, composite, fiber cement, vinyl, steel or aluminum);

            iv.   Pre-finished architectural panel;

            v.   Architectural metal panel (minimum 26 gauge) with concealed fasteners;

            vi.   Metal siding with concealed fasteners; or,

            vii.   Other similar appropriate accent materials as approved by the Plan and Zoning Commission.

         d.   Prohibited Materials. The following exterior walls, siding, and cladding are prohibited:

            i.   Corrugated galvanized metal;

            ii.   Corrugated metal panel;

            iii.   Smooth-face concrete block;

            iv.   Vinyl siding (non-residential development);

            v.   Plastic siding;

            vi.   Plywood or wood fiber; and,

            vii.   Unfired clay, sand, or shale rock.

         e.   Material Requirements. Set out in Table 192.02.01, are the minimum percentage of Primary materials required on the applicable building elevations within each Zoning District or identified, applicable land uses.

   C.   Signs.Table

      (1)   Every sign shall have good scale and proportion in relationship to its site and function, as well as the signage and use of neighboring properties.

      (2)   Building signs shall be designed as an integral architectural element of the building.

      (3)   Yard signs shall be designed to provide elements compatible with the building design and architectural elements. Where pylon or pole signs are used, pylons or poles shall be concealed using architectural materials compatible with the building.

      (4)   Each sign shall be designed in a manner not to compete for attention with signs on adjoining premises.

   D.   Factors for Evaluation. The following factors and characteristics, which affect the function and appearance of a development, will govern the Plan and Zoning Commission’s evaluation of a site plan submission:

      (1)   Conformance to design standards and other applicable Code requirements;

      (2)   Location of the buildings, and the relationship to the development site and neighboring buildings and sites;

      (3)   Layout and utilization of building, parking, driveways, and open spaces;

      (4)   Architectural character, including scale, style, color, and type of material, of the building and signage as it relates to the neighborhood;

      (5)   Circulation, vehicular and pedestrian;

      (6)   Impact on sanitary sewer, storm sewer, drainage, water, and street systems.

4.   Submittal Requirements. All exhibits must be folded if larger than letter size and submitted at a suitable size and scale to be legible. However, large mounting boards, material samples, or other exhibits not meeting the criteria may be used for Commission presentation. An adequate number of color photographs are required to illustrate the site, including existing features and surrounding buildings. Photos may also be used to illustrate installations on other sites that are similar to the applicant’s proposal. All required plans, unless waived by the Department Director, shall include as a minimum the following items of information:

   A.   Site Plan.

      (1)   Date of preparation, north point, and scale.

      (2)   Legal description and address of the property to be developed.

      (3)   Name, address, and phone number of the record property owner, the applicant and the person or firm preparing the site plan.

      (4)   The existing and proposed zoning of this and adjoining sites.

      (5)   All property and street pavement lines, grades, and site layout dimensions, including street right-of-way widths.

      (6)   The existing and proposed contours, showing areas of grading/earthwork and soil erosion control practices. Contours should be at a minimum of two-foot intervals or as necessary to show drainage. Where existing topography is on a slope of less than two percent, either one-foot contours or spot elevations shall be provided.

      (7)   All existing and proposed utility lines and easements, including sizes, hydrant locations and coverage, in accordance with the City of Ankeny standard specifications and subdivision regulations.

      (8)   If parking is involved, show calculations for determining the required number of off-street parking spaces as required by the City’s zoning ordinance. Give the number of spaces actually proposed and the maximum number of employees, customers, and office vehicles that would be in each building or unit at any one time.

      (9)   Proposed ingress and egress to the site, sidewalks, on-site parking areas, parking stalls including those for persons with disabilities, adjacent streets; delineation of traffic flow with directional arrows and location of directional signs or other motorist’s aids.

      (10)   All sidewalks, bike paths, loading areas, dividers, planters, and other similar permanent improvements.

      (11)   Location and type of buffer screens between the parking area and all adjacent properties and rights-of-way.

      (12)   Delineation of all required yard setbacks.

      (13)   Location, grade and dimensions of all existing and proposed paved surfaces and all abutting streets and street names.

      (14)   Location of existing trees six inches or larger in diameter, landslide areas, springs and streams and other bodies of water, and any area subject to flooding by a one hundred year storm.

      (15)   Location, amount and type of any proposed landscaping, plantings, fences, walls, or other screening as required by the zoning regulations and the design standards.

      (16)   The number and type of all existing and proposed buildings, the units of each, proposed uses for all buildings, and total floor area of each building.

      (17)   Location and type of any existing or proposed lighting on the property which illuminates any part of any required yard.

      (18)   Location and type of any existing or proposed signs.

      (19)   Description of size, material, and colors of any proposed signs and wind stress calculations, if required.

      (20)   A vicinity map at a scale of one inch equals five hundred feet or larger, showing the general location of the property, and the adjoining land uses and zoning.

      (21)   Soil tests and similar information, if deemed necessary by the Department Director, to determine the feasibility of the proposed development in relation to the design standards.

      (22)   Lot survey, where possible ownership or boundary problems exist, as determined by the Department Director.

      (23)   Any other information not herein stated above that is specific to the site plan and deemed necessary by the Department Director.

   B.   Elevation Views.

      (1)   Location, shape and two different exterior elevation views of all proposed buildings, for the purpose of understanding the overall design of the structure, materials proposed to be used, the location of windows, doors, overhangs, projection height, etc., and the grade relationship to floor elevation, and the number of stories of each proposed building and of each building to be retained;

      (2)   All freestanding, ground and building signs.

5.   Pre-Application Conference; Application Requirements.

   A.   Whenever any person proposes to apply for a building permit for other than a one-family or two-family dwelling or related accessory structure, the applicant shall submit to the City a request for a pre-application conference.

   B.   The conference shall include the applicant or representative, the site designer/contractor and the Department Director or designee. The purpose of the conference shall be to acquaint the City staff with the proposed construction and to acquaint the applicant or representative of the applicant with the procedures and with any special problems that might relate to such construction.

   C.   The applicant shall furnish a legal description of the platted real estate certified by a licensed land surveyor at the time of requesting a pre-application conference. The conference shall be held within seven days of such request.

6.   Technical Review Committee Review. The technical review committee is the staff committee charged with review responsibility on submittals. This committee generates comments on regulations affecting the proposed site development. A complete submittal for this meeting would include the following:

   A.   Fifteen sets of all plans containing the required information;

   B.   Two sets of storm water detention calculations;

   C.   Two sets of complete floor plans and building elevations for structures being proposed for immediate construction;

   D.   Two sets of any public improvement plan and profiles for any public improvements being installed with site development;

   E.   One compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the Site Plan.

   F.   Any other information which might assist the City in making this review;

   G.   Filing fees as set by Council resolution.

7.   Action on Site Plan.

   A.   The technical review committee shall promptly notify the applicant in writing of any revisions or additional information needed to complete the review. If necessary, the applicant shall make revisions and resubmit the revised plan to the City for acceptance. If the site plan complies with requirements set forth in this section, the applicant’s plan shall be submitted to the Plan and Zoning Commission for approval, disapproval or approval subject to conditions.

   B.   Plan and Zoning Commission. This is the final review step for a site plan. A complete submittal would include the following:

      (1)   Fifteen copies of all plans and/or information required and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the Site Plan;

      (2)   A letter to accompany the presentation that requests project approval and describes the project, timetable for construction, and provides any other information to assist the Commission in making its decision;

      (3)   Performance bonds for any public improvement being proposed with the site plan. See final plat process for more information on the process required for public improvements if needed with the site plans.

   C.   In the case of disapproval or approval subject to conditions, the Plan and Zoning Commission shall indicate the reasons therefor and shall return a copy of the plan to the applicant for revisions in accordance with action taken. The applicant shall then submit the revised plan for review by the Technical Review Committee and if the site plan complies with the requirements of this section, the site plan shall be submitted for certification by the Plan and Zoning Commission.

   D.   The City shall retain the duly certified original in the City’s permanent files.

8.   Appeals.

   A.   The applicant may, upon notice to the City Council, appeal in whole or in part any determination or action of the Plan and Zoning Commission made within the scope of this section. Appeal shall be made without cost by written notification of the appeal received by the Clerk within 90 days after the date of the action from which appeal is sought. The Clerk shall place the matter on the agenda of the next regular meeting of the City Council, provided such appeal is filed at least ten days prior to such meeting.

   B.   The City Council shall decide all appeals within 30 days after written notification of the appeal has been received by the Clerk, provided that the appellant may agree to a longer period not to exceed 60 days after the written notification of the appeal has been received by the Clerk. Failure to decide the appeal within such period shall have the effect of overturning the Plan and Zoning Commission’s disapproval and approving the site plan as appealed.

   C.   At the City Council’s meetings, the appealing party or parties shall be presented a reasonable opportunity to present their views. A four-fifths vote of the Council shall be necessary to overturn or modify the action of the Plan and Zoning Commission.

   D.   A site plan that has been denied by the Plan and Zoning Commission or City Council may be amended and resubmitted by the applicant to the City, pursuant to the terms of this section, upon payment of appropriate fees.

9.   Validity of Approval. A site plan shall become effective upon certification of approval by the Plan and Zoning Commission. In the event that an appeal is filed, a site plan shall not become effective until all appeals have been decided. The approval of any site plan required by this section shall remain valid for two years after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this section, “actual construction” means that a building permit has been issued and the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, letting of contracts, grading of property, or stockpiling of materials on the site shall not constitute actual construction.

10.   Site Plan Enforcement. Failure to comply with and maintain the approved site plan, unless another site plan has been submitted in accordance with this section, shall be considered a violation of the Zoning Ordinance.

11.   Site Plan Amendment. Any approved site plan may be amended in accordance with the standards and procedures established herein, including payment of fees; provided, the Department Director may waive such procedures for those minor changes listed in this section. Such minor changes shall not be made unless the prior written approval for such changes is obtained from the Department Director. No fees shall be required for such minor changes as follows:

   A.   Moving building walls within the confines of the smallest rectangle that would have enclosed each original approved building; relocation of building entrances or exits, shortening of building canopies;

   B.   Changing to a more restrictive commercial or industrial use, provided there is no reduction in the amount of off-street parking as originally approved; this does not apply to residential uses;

   C.   Changing angle of parking or aisle, provided there is no reduction in the amount of off-street parking as originally approved;

   D.   Substituting plant species, provided a nursery or landscape architect certifies the substituted species is similar in nature and screening effect;

   E.   Changing type and design of exterior lighting fixtures, provided a certified engineer or architect certifies there will be no change in the intensity of light at the property boundary;

   F.   Increasing peripheral yards.

12.   Applicability to Existing Development. The requirements of this section do not apply to the placement of any structure for which building permits have been issued as of the date of the adoption of the ordinance codified in this section; provided, if such building permit shall expire, then a new building permit shall not be issued until the requirements of this section have been met; and provided further, if an existing structure is to be reconstructed, enlarged, expanded or otherwise increased in an amount equal to or greater than the expansions listed below, then the provisions of this section still apply:

   A.   In the case of building uses twenty-five percent or greater of its existing ground coverage and/or total floor space;

   B.   In the case of non-building uses or non-building portion of uses, twenty-five percent or greater of the existing non-building area of the site development.

The R-1 District is intended and designed to provide for certain low-density residential areas of the City, now developed primarily with one-family detached dwellings, and to provide for areas where residential development seems likely to occur.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-1 District:

   A.   One-family dwellings.

   B.   Churches, cathedrals, temples and similar places of worship, provided that all principal buildings are set back a minimum of 35 feet from all property lines.

   C.   Public and parochial schools, elementary and secondary and other educational institutions having an established current curriculum the same as ordinarily given in City public schools, but excluding boarding schools, nursery schools and child care centers, provided that all principal buildings are set back a minimum of 35 feet from all property lines.

   D.   Fire stations, libraries, city halls, police stations or other buildings owned by the City and used for any public purpose, including its use by any bona fide civic group, service club or merchants, group, may be permitted by the Council in an R-1 zoning district, or in any other zoning district, after notice and hearing pursuant to Section 362.3, Code of Iowa. Notice of the hearing shall be mailed to the record owners of all real estate lying within 250 feet of the boundaries of the tract of real estate to be put to such use, the notice to be mailed no less than seven days prior to the hearing.

   E.   Publicly owned parks, playgrounds, golf courses, and recreation areas.

   F.   Agricultural uses, including nurseries and truck gardens, provided that no offensive odors or dust are created and that no retail sales are permitted on the premises.

2.   Permitted Accessory Uses. Permitted accessory uses in the R-1 District are as follows:

   A.   Uses of land or structures customarily incidental and subordinate to one of the permitted principal uses, unless otherwise excluded.

   B.   Private garage or carport; garden houses; greenhouses; tool houses; playhouses and accessory recreational facilities.

   C.   The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two per building.

   D.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work, or shall be converted to an approved permitted use.

   E.   Temporary use of a dwelling structure within a new subdivision for use as a job office and real estate office for the subject subdivision, which use shall terminate upon completion or abandonment of the project.

   F.   Signs as regulated in Chapter 195.

   G.   Child day care for six or fewer children.

3.   Size and Area Regulations. The following minimum requirements shall be observed in the R-1 District subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Lot Area: 10,200 square feet (one acre where public sewer and water are not available);

   B.   Lot Width: 85 feet;

   C.   Front Yard: 35 feet;

   D.   Side Yards:

One story:

   Total side yard – 18 feet

   Minimum on one side – 8 feet

More than one story:

   Total side yard – 20 feet

   Minimum on one side – 10 feet

Churches and schools – 35 feet on each side.

   E.   Rear Yard: 35 feet;

   F.   Maximum Height:

Principal building, if dwelling – 35 feet

Principal building, if other than dwelling – 45 feet

Garage – 14 feet

Accessory building, other than garage – 12 feet;

   G.   Maximum Number of Stories:

Principal building – 3 stories

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01.

The R-2 District is intended and designed to provide for certain low-density residential areas of the City now developed with one-family and two-family dwellings, and to provide for areas where similar residential development seems likely to occur.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-2 District:

   A.   Any use permitted in the R-1 District.

   B.   One-family and two-family dwellings.

   C.   Conversions of one-family dwellings into two-family dwellings in accordance with the lot area, frontage, height, and yard requirements of this section.

   D.   Subdivision of a duplex lot into two lots when a conforming two-family attached dwelling is divided by a vertical party wall with a common lot line under the vertical party wall provided one side yard, the front yard, and the rear yard setbacks are met; a party wall agreement is recorded with the Polk County Clerk and Recorder; and all utility, building, and life safety codes are in compliance.

2.   Permitted Accessory Uses. Permitted accessory uses in the R-2 District are as follows:

   A.   Accessory uses permitted in and as limited in the R-1 District.

   B.   Home occupations, provided that there is conformance to the following:

      (1)   Such use shall be conducted entirely within a dwelling and solely by members of the family residing in the same dwelling, and shall not exceed one-half of the floor area of one floor.

      (2)   No exterior indications of the home occupation shall be permitted.

      (3)   Such use shall not require mechanical equipment not customary in dwellings or cause or produce unreasonable noise, vibration, smoke, dust, odors, heat, or glare, or in any way be detrimental to the neighborhood.

      (4)   Such use shall not substantially increase traffic in the neighborhood.

   C.   Group day care homes, subject to the following provisions:

      (1)   There is provided for each child a minimum of 75 square feet of usable outdoor play space, which space shall be confined to the rear yard of the property and entirely enclosed by a fence of not less than 42 inches in height; and

      (2)   There is provided adequate space for the dropping off and picking up of children with no adverse impact on the surrounding properties.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the R-2 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03:

   A.   Lot Area:

      One-family dwelling – 8,500 square feet;

      Two-family dwelling – 10,500 square feet.

   B.   Lot Width:

      One-family detached dwelling – 70 feet;

      One-family attached dwelling – 40 feet;

      Two-family attached dwelling – 85 feet.

   C.   Front Yards:

      Residential – 30 feet.

      Churches and Schools – 35 feet.

   D.   Side Yards:

One story:

   Total side yard – 15 feet

   Minimum on one side – 7 feet

   Minimum for the attached dwelling open side yard – 7.0 feet

More than one story:

   Total side yard – 17 feet

   Minimum on one side – 8 feet

   Minimum for the attached dwelling open side yard – 8.0 feet

Churches and schools – 35 feet on each side.

   E.   Rear Yard: 35 feet.

   F.   Maximum Height:

Principal building if dwelling – 35 feet.

Principal building, if other than dwelling – 45 feet.

Garage – 14 feet.

Accessory building, other than garage – 12 feet.

   G.   Maximum Number of Stories:

Principal building – 3 stories.

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

The R-3 District is intended and designed for certain medium-density residential areas of the City now developed with one-family, two-family and multiple-family dwellings, and for areas where similar residential development seems likely to occur.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-3 District:

   A.   Any use permitted in the R-2 District.

   B.   Multiple dwellings including row dwellings consisting of not more than six units in a continuous row, and condominium dwellings.

   C.   Apartment hotels, provided that not more than thirty percent of all dwelling units may be used for transient occupancy.

   D.   Boardinghouses and rooming houses.

   E.   Institutions of a religious, educational, or philanthropic nature, including libraries.

   F.   College and universities, both public and private, including administrative buildings, classrooms, dormitories, athletic facilities, and similarly related structures, but excluding commercial trade schools and business colleges.

   G.   Nursing, convalescent and retirement homes.

   H.   College fraternities and sororities if recognized by the local college or university.

   I.   Private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.

2.   Permitted Accessory Uses. Permitted accessory uses in the R-3 District are as follows:

   A.   Accessory uses permitted in and as limited in the R-2 District.

   B.   Beauty parlors and barbershops when conducted solely by resident occupants in their bona fide and primary residence, provided that not more than twenty-five percent of one floor shall be used for such purpose.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the R-3 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Lot Area:

One-family detached dwelling – 8,000 square feet

One-family attached dwelling – 5,000 square feet

Two-family dwelling – 10,000 square feet

Multiple-family dwelling or other permitted use containing three dwelling units – 12,500 square feet, and an additional 1,500 square feet for each dwelling unit thereafter.

   B.   Lot Width:

One-family detached dwelling – 65 feet

One-family attached dwelling – 40 feet

Two-family dwelling – 75 feet

Multiple-family dwelling and other permitted uses – 100 feet

Row dwelling – 85 feet minimum for up to three units, and 25 feet for each additional unit.

   C.   Front Yard:

Residential – 30 feet

Churches and schools – 35 feet

   D.   Side Yards:

One- and two-family dwelling units:

One story:

   Total side yard – 15 feet

   Minimum on one side – 7 feet

   Minimum for an attached dwelling open side yard – 7 feet

More than one story:

   Total side yard – 17 feet

   Minimum on one side – 8 feet

   Minimum for an attached dwelling open side yard – 8 feet

Multiple-family dwelling units:

One story:

Total side yard – 20 feet;

Minimum on one side – 8 feet;

More than one story and less than three stories:

Total side yard – 22 feet;

Minimum on one side – 9 feet;

Three stories and more up to 45 feet

Total side yard – 24 feet;

Minimum on one side – 10 feet;

Structures above 45 feet - See height regulations (paragraph F of this subsection).

Churches and schools: 35 feet on each side

   E.   Rear Yard: 35 feet plus one foot for each foot of building above 35 feet.

   F.   Maximum Height:

Principal building – 45 feet; except that for each foot that the building or a portion of it is set back beyond the required front, side and rear yards, one foot may be added to the height limit of such building or portion thereof. No building, however, shall exceed 125 feet.

Garage – 14 feet

Accessory building, other than garage – 12 feet.

   G.   Maximum Number of Stories:

Principal building – no limitation

Accessory building – one story

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

The R-3A District is intended to provide for the orderly development or redevelopment of tracts of land on a unit basis in order to allow a greater flexibility of land use and building locations than is allowed in the conventional R-3 District.

1.   Principal Permitted Uses. Only the uses of structures or land permitted in the R-3 District shall be allowed.

2.   Permitted Accessory Uses. All accessory uses permitted in and as allowed in the R-3 District shall be permitted.

3.   Area and Size Regulations. Permitted lot area and yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the R-3 District or the Subdivision Ordinance of the City.

   A.   The minimum lot and yard requirements of the R-3 District shall not apply, except that the minimum front yard specified in said district, or suitable screening or buffering, shall be provided around the boundaries of the development. In the absence of an appropriate physical barrier, the Council and Commission may require that open space or screenings be located along all or a portion of the development boundaries. The height requirements of the R-3 District shall apply.

   B.   Spaces of off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

   C.   All public streets, water mains, sanitary sewer, and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.

   D.   Any land gained within the development because of the clustering of dwelling units or structures as permitted in this section may be dedicated to the City or retained in private ownership as common land. The dedication of land to the City shall be referred to the park board for recommendation and report. Common land, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.

   E.   The maximum number of dwelling units per acre shall not exceed the maximum allowed in the R-3 District.

4.   Petition to Develop; Preliminary Site Plan Required. The owner or owners of any tract of land may petition the Council, in accordance with the provisions of Section 196.04 of this Zoning Ordinance, for a change to the R-3A zoning district classification. Said petition shall be accompanied by 15 copies of the preliminary site plan of the proposed development, showing in schematic form the location of all the following:

   A.   Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;

   B.   Parking areas;

   C.   Access drives;

   D.   Streets abutting or within the proposed development;

   E.   Walks;

   F.   Site topographic features;

   G.   Landscaping and planting areas;

   H.   Required peripheral yards;

   I.   Common land, recreation areas and parks;

   J.   Existing and proposed utilities and easements.

5.   Commission Review. The petition and all attachments shall be referred to the Plan and Zoning Commission for study and report after public hearing. The Commission shall review the conformity of the proposed development with the standards of the comprehensive plan and with recognized principles of civic design, land use planning, and landscape architecture. After public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the petitioner amend the plan to preserve the intent and purpose of this Zoning Ordinance.

6.   Council Review. The petition and preliminary plan along with the Commission’s recommendations on the request for rezoning shall then be referred to the Council. The Council, after public hearing, may approve or disapprove the preliminary plan and request for rezoning, as reported, or may require such changes as are necessary to preserve the intent and purpose of this Zoning Ordinance.

7.   Final Site Plan and Final Plat Required.

   A.   If the Council approves a preliminary plan and request for rezoning, the applicant shall submit 15 copies of a final site plan and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the R-3A Final Site Plan, showing in detail the location of all the following:

      (1)   Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;

      (2)   Parking areas;

      (3)   Access drives;

      (4)   Streets abutting or within the proposed development;

      (5)   Walks;

      (6)   All proposed walls and fences;

      (7)   Landscaping and plant material;

      (8)   Required peripheral yards;

      (9)   Common land, recreation areas, and parks;

      (10)   Existing and proposed utilities and public easements;

      (11)   Storm and sanitary sewer lines;

      (12)   Water mains.

      (13)   Any additional information the Department Director determines is required to evaluate the proposed R-3A plan.

   B.   If the proposed development includes common land which will not be dedicated to the City, the final site plan shall be accompanied by the documents as required in subsection 191.08.

   C.   A final plat shall be submitted with the final site plan. The plat shall show building lines, lots, and/or blocks, common land, any park land, streets, easements and other applicable items required by Chapter 200 Subdivision Regulations of this Code of Ordinances. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the Polk County Clerk and Recorder.

8.   Final Site Plan Approval .

   A.   The final site plan and required documents shall be reviewed by the Commission for compliance with the provisions set forth in subsection 3 of this section and substantial compliance with the preliminary site plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final site plan and approve it if it complies with the provisions set forth in subsection 3 and is in substantial compliance with the preliminary site plan.

   B.   In the event that the owner or owners fail to submit a final site plan in substantial compliance with the preliminary site plan within two years after Council approval of the preliminary plan, the Council may, on its own motion, cause the property to be rezoned to its original classification in accordance with the provisions of Section 196.04 of this Zoning Ordinance.

   C.   No building permits shall be issued for any structure within the district to be constructed in variance with the final site plan, unless specifically authorized by appropriate Council resolution.

9.   Development; Single-Family Dwellings. In areas of the proposed development which will be developed with unattached, single-family dwellings only, the owner may designate arrangements of lots and/or blocks to be developed in accordance with R-1, R-2, or R-3 District zoning requirements. Such designation shall be noted on the preliminary site plan, final site plan, and the final plat. Said property shall be developed in accordance with the requirements of the zoning district specified, and it shall not be necessary to show the locations of buildings, garages, parking areas, access drives, landscaping areas, walls, patios, and/or fences on the preliminary site plan, or on the final site plan for designated areas.

The R-5 District is intended and designed to provide for certain medium-density residential areas of the City now developed with mobile home parks, which by reason of their design and location are compatible with surrounding residential areas and areas where similar development seems likely to occur.

1.   Occupancy Outside Park Restricted. It is unlawful to use or occupy a mobile home as a dwelling place outside a mobile home park, unless such mobile home has been converted to real estate as provided by State law and meets with all the requirements of the building, plumbing, health, sanitary, electrical, and zoning ordinances of the City.

2.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-5 District.

   A.   Any use permitted in the R-2 District.

   B.   Mobile home park, in accordance with the provisions of subsection 5 of this Section 192.08.

3.   Permitted Accessory Uses. Permitted accessory uses in the R-5 District are as follows:

   A.   Accessory uses permitted in and as limited in the R-2 District.

   B.   Service buildings as required by subsection 5 below.

4.   Area and Size Regulations. The following minimum requirements shall be observed in the R-5 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance.

   A.   For any permitted use excepting a mobile home park, the minimum requirements shall be the same as those set out for the R-2 District.

   B.   For any mobile home park, the requirements shall be as follows:

      (1)   The minimum total area shall be three (3) acres.

      (2)   Each yard abutting on a public street shall be considered a front yard and shall be a minimum of 50 feet.

      (3)   All other yards, whether side or rear, shall be a minimum of 50 feet when adjacent to any other R district and 30 feet when adjacent to a C or M district.

      (4)   The minimum mobile home space excluding yard requirements shall measure at least 50 by 80 feet.

      (5)   Mobile homes shall be located on each space so that there will be at least a 20-foot clearance between each mobile home; a 10-foot open space between the mobile home, including any permanently enclosed appendage and any driveway, walkway or mobile home space boundary; and a 10-foot open space at the rear of the mobile home.

5.   Mobile Home Park Storm Shelters.

   A.   General Requirements. Every mobile home park of ten or more mobile home spaces which is constructed after the effective date of the ordinance codified in this section shall be provided with above or below-grade storm shelters which shall:

      (1)   Have a minimum floor area of seven square feet (7 SF) for each mobile home space in said mobile home community;

      (2)   Be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Engineer, Building Official or licensed structural engineer or architect;

      (3)   Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain;

      (4)   Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the applicable City and State currently adopted construction and installation codes;

      (5)   Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA);

      (6)   Be located no farther than 1,320 linear feet from the furthest mobile home space in the mobile home community;

      (7)   Provide area for the parking of cars of residents who drive to the facility. This is not intended to require a structure built solely as a shelter to provide a paved parking lot.

   B.   Additions to Existing Mobile Home Parks. For any addition of ten or more mobile home spaces to any existing mobile home park, a storm shelter which complies with the general requirements of paragraph A of this subsection shall be provided to serve such additional spaces. For any addition of fewer than ten mobile home spaces to an existing mobile home park which otherwise complies with the requirements of subparagraph (1) or (6) of paragraph 5A, there is no requirement that an additional shelter be provided to serve such additional spaces. Provided, however, when two or more such additions of fewer than ten mobile home spaces results in a cumulative addition of ten or more mobile home spaces to a mobile home park which otherwise complies with the requirements of said subparagraphs, a storm shelter which complies with the general requirements of paragraph 5A of this subsection shall be provided to serve such additional spaces.

   C.   Restroom Facilities. Restroom facilities in required storm shelters are not mandatory. When restrooms are installed, toilets may be either flush-type operating from normal water supply, chemical, or other approved types.

   D.   Access to Shelters. The mobile home park owner, or such owner’s designated agent or representative, shall be responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of paragraph 5(A)(1) of this section.

   E.   Existing Nonconforming Mobile Home Parks. Any mobile home park of ten or more mobile home spaces which has an existing above or below-grade storm shelter as of the effective date of the ordinance codified in this section which does not conform with the requirements of this section, shall be deemed a nonconforming mobile home park with regard to the requirements for storm shelters and may continue to exist as a nonconforming mobile home park for so long as said existing shelter remains in place and usable; provided, however, that any mobile home spaces added to such park after the effective date of the ordinance codified in this section shall require storm shelters as provided in paragraph 5B of this section.

6.   Petition to Develop.

   A.   Each petition for a change to the R-5 Zoning district classification submitted to the Council shall be accompanied by a mobile home park plan. Said plan shall show each mobile home space, the water, electrical and sewer lines or septic tank location serving each trailer space, the location of garbage cans, water hydrants, service buildings, driveways, walkways, recreation areas, required yards, parking facilities, lighting, and landscaping.

   B.   The plan shall be considered by the Plan and Zoning Commission and the Council, who may approve said plan or require such changes thereto as are deemed necessary to effectuate the intent and purpose of this section.

The C-1 District is intended to provide for the convenience shopping of persons living in neighborhood residential areas and for general uses and activities of a retail and personal service character. Only those uses are permitted which are necessary to satisfy the local needs which occur so frequently as to require commercial facilities in proximity to residential areas. In addition, low-intensity business and professional offices are permitted.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-1 District:

   A.   Any uses permitted in the R-3 District, provided that any new residential uses shall be located only in mixed use buildings that also contain, usually on the first floor, other allowable commercial or office uses.

   B.   Retail businesses or service establishments, such as the following:

      (1)   Antique shops,

      (2)   Apparel shops,

      (3)   Art shops,

      (4)   Automotive stores for the retail sale of automotive parts, supplies and accessories; provided, that all merchandise sold or services performed shall be within an enclosed building or structure, and specifically excluding body and fender shops, automotive repair shops, and junk shops or junkyards,

      (5)   Baby and children stores,

      (6)   Bakeries or bakery outlets - retail sales only,

      (7)   Banks, savings and loan associations, and similar financial institutions,

      (8)   Bicycle shops, sales and repairs;

      (9)   Bookstores,

      (10)   Camera stores,

      (11)   Clothes cleaning and laundry pickup stations,

      (12)   Collection offices of public utility companies,

      (13)   Confectionery stores, including ice cream or snack bars,

      (14)   Dairy stores - retail only,

      (15)   Dance studios and physical culture establishments,

      (16)   Delicatessens,

      (17)   Drugstores,

      (18)   Dry goods stores,

      (19)   Florist shops and greenhouses,

      (20)   Funeral homes and mortuaries,

      (21)   Furniture stores,

      (22)   Gas stations, including minor automobile repairs as accessory but not principal use,

      (23)   Gift shops,

      (24)   Grocery stores including supermarkets,

      (25)   Hardware stores,

      (26)   Hobby shops,

      (27)   Household appliances sales and repair,

      (28)   Jewelry stores and watch repair shops,

      (29)   Key shops,

      (30)   Launderettes, coin-operated dry-cleaning establishments, and dry-cleaning or pressing establishments using only nonflammable solvents,

      (31)   Locker plants for storage and retail sales only,

      (32)   Leather goods stores,

      (33)   Music stores,

      (34)   Music studios,

      (35)   Paint and wallpaper stores,

      (36)   Photographic studios,

      (37)   Post office substations,

      (38)   Radio and television sales and repair shops,

      (39)   Restaurants,

      (40)   Shoe and hat repair shops,

      (41)   Sporting goods stores,

      (42)   Tailor and dressmaking shops,

      (43)   Theaters,

      (44)   Toy stores,

      (45)   Variety stores,

      (46)   Bowling alleys,

      (47)   Taverns and lounges, provided that such establishments are not located within 300 feet from a church, school or R-1 zoning district; and provided further, that the tavern or lounge is housed in a building or shopping center which is occupied by other retail businesses or service establishments.

      (48)   Preschool and child day care centers, subject to the following provisions:

a.   The childcare center/preschool shall have 35 square feet per child of usable indoor floor space maintained in a clean and sanitary manner; when floor space occupied by cribs is counted as usable floor space, there shall be 40 square feet of floor space per child in those rooms. Kitchens, bathrooms, and halls may not be counted in the square footage per child or used as regular program space.

b.   There shall be 75 square feet of outdoor recreation area per child using the space at any given time. Such space shall be located in the side or rear yard and be totally enclosed by a fence of no less than 42 inches in height.

c.   There shall be adequate off-street area for traffic circulation allowing child drop-off and pick-up activity entirely in the property.

   C.   Combinations of the above uses.

   D.   Business and professional offices supplying commodities or performing services primarily for residents of the neighborhood.

2.   Permitted Accessory Uses. Permitted accessory uses in the C-1 District are as follows:

   A.   Accessory uses permitted in the R-3 District.

   B.   Storage of merchandise incidental to the principal use, but not to exceed forty percent of the floor area used for such use.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-1 District subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Lot Area: Same as required in the R-3 District for residential uses. No minimum requirement for any other permitted uses.

   B.   Lot Area Per Dwelling Unit: Same as required in R-3 District.

   C.   Lot Width: Same as required in R-3 District for residential uses. No minimum requirement for any other permitted uses.

   D.   Front Yard: 35 feet.

   E.   Side Yards: Same as required in R-3 District for residential uses. No minimum requirements for any other permitted uses, except when adjoining any R district, in which case, 25 feet. Any side yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.

   F.   Rear Yard: 40 feet. Any rear yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.

   G.   Maximum Height: 35 feet.

   H.   Maximum Number of Stories:

Residential uses – 3 stories;

All other permitted uses – 2 stories.

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

The C-2 District is intended to provide for major retail shopping areas outside the downtown area. These districts include, as well, much of the strip commercial property existing along the major streets and highways of the City. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile-traveling consumer.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-2 District:

   A.   Any use permitted in the C-1 District.

   B.   Retail, service or recreational uses, such as the following:

      (1)   Animal hospitals, veterinary clinics or kennels, provided that any exercising runway is at least 200 feet from any R District boundary.

      (2)   Automobile accessory stores.

      (3)   Automobile, trailer, motorcycle, boat and farm implement establishments for display, hire, rental and sales (including sales lots); including, as incidental to these major uses, all repair work in connection with their own or customers’ vehicles, but not including uses in which the major source of revenue is from body and fender work. In addition, this paragraph shall not be construed to include automobile, tractor or machinery wrecking and rebuilding, and used parts yards.

      (4)   Ballrooms and dancehalls.

      (5)   Billiard parlors and pool halls.

      (6)   Bookbinding.

      (7)   Bowling alleys.

      (8)   Business or secretarial schools or colleges, commercial trade schools, or other commercially operated schools for adults.

      (9)   Carpenter and cabinet-making shops for retail custom work.

      (10)   Commercial baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf courses, trampoline centers and similar recreational uses and facilities.

      (11)   Department stores.

      (12)   Drive-in restaurants.

      (13)   Exterminator sales.

      (14)   Drive-in theaters.

      (15)   Printing and publishing houses.

      (16)   Hotels, with no minimum density requirements.

      (17)   Transportation passenger terminals, including bus stations, railroad passenger stations or other passenger terminals.

      (18)   Laundries.

      (19)   Labor union offices, including assembly halls.

      (20)   Lawn mower repair shops.

      (21)   Lumberyards, retail only.

      (22)   Monument sales yards.

      (23)   Motels, motor hotels, and tourist courts with no minimum density requirements.

      (24)   Office buildings.

      (25)   Packaged-goods stores for the sale of alcoholic beverages.

      (26)   Pet shops, including aquariums.

      (27)   Photographic printing or developing establishments.

      (28)   Plumbing and heating shops.

      (29)   Printing and lithographing shops.

      (30)   Parking garages and parking lots.

      (31)   Health establishments.

      (32)   Public auction rooms.

      (33)   Radio or television studios.

      (34)   Sheet metal shops.

      (35)   Sign painting shops.

      (36)   Taverns and nightclubs, including private clubs.

      (37)   Upholstering shops.

      (38)   Used car sales lots.

      (39)   Garage for general motor vehicle repair.

      (40)   Automobile washing establishments.

      (41)   Buildings or structures designed and used solely for the purpose of leasing interior storage space for the storage of personal property owned by persons, firms or corporations who are not owners of such buildings or structures, and who do not occupy by lease or otherwise more than 1,000 square feet of the leasable space of such structure. The owner is restricted as the above-mentioned lessee. Outdoor storage, the storage of earth moving equipment, the storage of contractor’s equipment, and the storage of livestock or livestock feed is specifically prohibited.

      (42)   Any highway-oriented business not otherwise listed in this section which compounds, processes, packages or treats bakery goods, candy, spices, or other food products, and sells the same to the general public at the same location, subject to the following conditions:

         a.   The owner or owners of any tract of land may petition the Council to authorize such use. The petition shall be accompanied by a preliminary site plan of the proposed development, which shall contain those items set forth in Sections 192.06(4) through (8). The petition and attachment shall be referred to the Plan and Zoning Commission for study and report. The Commission may approve or disapprove the plan or require that the petitioner amend the plan to preserve the intent and purpose of this zoning district. The plan, along with the Commission’s recommendations on such use, shall then be referred to the City Council which may, after notice and public hearing, approve, disapprove, or amend the plan.

         b.   No building permit shall be issued until the plan has been given final approval by the Council.

      (43)   Pawnbrokers as defined, permitted and regulated in Chapter 141 of the Municipal Code.

2.   Permitted Accessory Uses. Permitted accessory uses in the C-2 District are as follows:

   A.   Accessory uses permitted in the C-1 District.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-2 District, subject to Section 191.11 Height Limitations and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Lot Area: Same as required in the C-1 District.

   B.   Lot Area Per Dwelling Unit: Same as required in the C-1 District.

   C.   Lot Width: Same as required in the C-1 District.

   D.   Front Yard: Same as required in the C-1 District.

   E.   Side Yard: Same as required in the C-1 District.

   F.   Rear Yard: Same as required in the C-1 District.

   G.   Maximum Height: 45 feet.

   H.   Maximum Number of Stories:

Multiple dwelling uses – 4 stories;

All other permitted uses – 3 stories.

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

The C-2A District is intended to provide for a concentration and variety of retail stores, professional offices and service activities located within the Central Business District. It is intended that this district be limited to the S.W. 3rd Street business area.

1.   Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-2A District: any use permitted in and as limited in the C-2 District.

2.   Permitted Accessory Uses. Permitted accessory uses in the C-2A District are as follows: accessory uses permitted in and as limited in the C-2 District.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-2A District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Lot Area: Same as required in the C-2 District.

   B.   Lot Area Per Dwelling Unit: Same as required in the C-2 District.

   C.   Lot Width: Same as required in the C-2 District.

   D.   Front Yard: No minimum requirement.

   E.   Side Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.

   F.   Rear Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.

   G.   Maximum Height: Same as required in the C-2 District.

   H.   Maximum Number of Stories: Same as required in the C-2 District.

4.   Off-Street Parking and Loading. There are no minimum requirements for off-street parking and loading in the C-2A District.

5.   Minimum Open Space. There is no minimum requirement for open space in the C-2A District.

6.   Alterations or Modifications. Notwithstanding the provisions of paragraphs D, E and F of subsection 3, and subsections 4 and 5 of this section, no building structure, parking lot, side yard, front yard, rear yard, parking or loading area shall be altered or modified if such property, as a result of such modification or alteration, will not comply with the minimum requirements set forth in subsection 3; provided, however, the reconstruction, remodeling or repair of any building or structure shall not be deemed to be an alteration or modification under the provisions of this section, unless such reconstruction, remodeling or repair increases the exterior dimensions of such building or structure.

The C-3 District is designed to provide for the general commercial needs of the highway traveling public. It is intended that this district be located only at major highway and street intersections.

1.   Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-3 District:

   A.   Retail, service or recreational uses, such as the following:

      (1)   Automobile accessory stores.

      (2)   Barbershops and beauty parlors.

      (3)   Bowling alleys.

      (4)   Car washes.

      (5)   Drugstores.

      (6)   Gas stations, including minor automotive repairs as accessory but not principal use.

      (7)   Gift shops.

      (8)   Grocery stores.

      (9)   Miniature golf courses and golf driving ranges.

      (10)   Motels and motor hotels.

      (11)   Offices, business and professional.

      (12)   Restaurants, including drive-in restaurants.

      (13)   Self-service laundry and dry-cleaning establishments.

      (14)   Swimming pools.

      (15)   Taverns, bars and nightclubs.

      (16)   Travel and tourist information centers.

      (17)   Travel trailer campgrounds, and those areas established to provide overnight transient facilities on a fee basis, but not to include the permanent or semi-permanent installation of mobile homes.

      (18)   Sexually Oriented Businesses as regulated in Chapter 140 of the Municipal Code.

   B.   Combinations of the uses listed in paragraph A of this section.

2.   Permitted Accessory Uses. Permitted accessory uses in the C-3 District are as follows:

   A.   Use of land or structures customarily incidental and subordinate to one of the permitted principal uses.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-3 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Lot Area: No minimum requirement.

   B.   Lot Width: No minimum requirement.

   C.   Front Yard: The front yard shall not be less than 75 feet.

   D.   Rear Yard: Same as required in the C-1 District.

   E.   Side Yard: No minimum required except, when adjoining an R district, the minimum shall be 25 feet.

   F.   Building Height: The maximum building height shall not exceed 45 feet.

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

The M-1 District is intended and designed to provide areas of the City suitable for activities and uses of a light industrial nature. Such districts do not require the high standards of M-3 Districts but still require protection from the less restrictive uses permitted in the M-2 District. It is not intended that any new residential development be permitted in the M-1 District.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the M-1 District:

   A.   Any use permitted in the M-3 District.

   B.   Any use permitted in the C-2 District, except that no new residential or multiple dwelling uses shall be permitted, unless accessory to a permitted principal use.

   C.   Automobile assembly.

   D.   Bag, carpet, and rug cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.

   E.   Bakeries.

   F.   Welding or other metal-working shops.

   G.   Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors, storage and sale of livestock feed (provided dust is effectively controlled), and storage yards for vehicles of a delivery or draying service.

   H.   Carting, express hauling or storage yards.

   I.   Circus, carnival or similar transient enterprise; provided, such structures or buildings shall be at least 200 feet from any R district.

   J.   Coal yard, coke yard or wood yard.

   K.   Concrete mixing, concrete products manufacture.

   L.   Cooperage works.

   M.   Creamery, bottling works, ice cream manufacturing (wholesale), ice manufacturing and cold storage plant.

   N.   Enameling, lacquering or japanning.

   O.   Foundry casting lightweight nonferrous metals or electric foundry not causing noxious fumes or odors.

   P.   Experimental, film or testing laboratories.

   Q.   Livery stable or riding academy.

   R.   Machine shop.

   S.   Manufacture of musical instruments and novelties.

   T.   Manufacture of pottery or other ceramic products, using only previously pulverized clay.

   U.   Manufacture or assembly of electrical appliances, instruments, and devices.

   V.   Manufacture and repair of electric signs, advertising structures, and sheet metal products, including heating and ventilating equipment.

   W.   Milk distributing station other than a retail business conducted on the premises.

   X.   Sawmill and planing mill, including manufacture of wood products not involving chemical treatment.

   Y.   The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products, except fish and meat products, cereals, sauerkraut, vinegar, yeast, stock feed, flour; and the rendering or refining of fats and oils.

   Z.   The manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood.

   AA.   Automobile body or fender repair shop, but not including automobile wrecking or used parts yards.

   BB.   Lumberyards and building materials sales yards.

   CC.   Vulcanizing, retreading and recapping of tires.

   DD.   Truck rental establishments.

   EE.   Warehousing and storage, retail or wholesale.

2.   Permitted Accessory Uses. Permitted accessory uses in the M-1 District are as follows:

   A.   Accessory uses customarily incidental to a permitted principal use.

3.   Prohibited Uses; Outdoor Storage Requirement.

   A.   No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or water-carried waste.

   B.   Outdoor storage of equipment not intended for over-the-road or rail use, supplies (or materials) intended for refabrication, waste materials, industrial by-products, or items intended for junk yards shall be so located and screened, fenced or landscaped to comply with a type “C” opaque screen as described in paragraph 194.02(3)(C) of this Zoning Ordinance to effectively prevent visibility of such storage from all adjoining property lines and street right-of-way lines.

   C.   In the event that the property owner and Department Director disagree regarding whether or not any site must be screened, the property owner may appeal to the Board of Adjustments in accordance with the provisions of Section 197.01(3) of this Zoning Ordinance.

4.   Area and Size Regulations. The following minimum requirements shall be observed in the M-1 District, subject to the height limitations in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Front Yard: 50 feet.

   B.   Side Yard: None required, except when adjacent to any Residential district or street right-of-way line, in which case – 50 feet.

   C.   Rear Yard: 40 feet. Where a railroad right-of-way line lies immediately adjacent to the rear of a lot, the rear yard requirements need not apply.

   D.   Maximum Height: 75 feet.

   E.   Maximum Number of Stories: 5 stories.

5.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions in Section 194.01 of this Zoning Ordinance.

The M-2 District is intended and designed to provide areas of the City for activities and uses of a heavy industrial character. Since this district is the least restrictive of any district, almost any use is permissible with the exception of a small number of uses which, by reason of certain undesirable characteristics, are permitted subject to approval by the Board of Adjustment in accordance with appropriate safeguards. In addition, no residential uses are permitted.

1.   Principal Permitted Uses. A building or premises may be used for any purpose whatsoever, provided the following regulations are met:

   A.   No occupancy permit shall be issued for any use in conflict with any ordinance of the City or law of the State regulating nuisances.

   B.   No occupancy permit shall be issued for any dwellings, school, hospital, clinic, or other institution for human care, except where incidental to a permitted principal use.

   C.   The uses listed in Paragraph D of this section shall be permitted through a Special Use Permit as provided for in Section 196.02 of the Ankeny Municipal Code, issued after public hearing and approval by the Board of Adjustment. In its determination upon the particular uses at the location requested, the Board of Adjustment shall consider all of the following provisions:

      (1)   The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property.

      (2)   Such use shall not impair an adequate supply of light and air to surrounding property.

      (3)   Such use shall not unduly increase congestion in the streets or public danger of fire, and shall not endanger the public safety.

      (4)   Such use shall not diminish or impair established property values in adjoining or surrounding property.

      (5)   Such use shall be in accord with the intent, purpose and spirit of this Zoning Ordinance and the comprehensive plan of the City.

   D.   The uses subject to the provisions of paragraph C of this section are as follows:

      (1)   Abattoirs and slaughterhouses or stockyards.

      (2)   Acid manufacture or wholesale storage of acids.

      (3)   Automobile, tractor or machinery wrecking and used parts yards, provided any wrecking operation is carried on within a building completely enclosed with walls and roof and the yard completely enclosed with a wall or fence, reasonably maintained and at least six feet high, completely obscuring the activity. There shall be only one opening in the wall or fence facing any public street for each 200 feet of length.

      (4)   Cement, lime, gypsum or plaster of paris manufacture.

      (5)   Distillation of bones.

      (6)   Explosive manufacture or storage.

      (7)   Fat rendering.

      (8)   Fertilizer manufacturing.

      (9)   Garbage, offal or dead animal reduction or dumping.

      (10)   Gas manufacture and cylinder recharging.

      (11)   Glue, size, or gelatin manufacture.

      (12)   Junk, iron or rags, storage or baling, and wastepaper yards, where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence not less than six feet in height and completely obscuring the activity.

      (13)   Refining or wholesale storage of petroleum or its products, and asphalt plants.

      (14)   Rubber goods manufacture.

      (15)   Sand or gravel pits.

      (16)   Smelting of tin, copper, zinc or iron ores.

      (17)   Transmitting stations.

      (18)   Wholesale storage of gasoline.

   E.   The following uses are allowed in the M-2 District outright and without approval of a Special Use Permit.

      (1)   Fireworks Retail Sales Facility, pursuant to the regulations of the Code of Iowa.

2.   Required Conditions. Required conditions in the M-2 District are as follows:

   A.   The best practical disposal of refuse matter or water-carried waste shall be employed, and the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisances shall be required.

   B.   All principal or accessory structures housing a use permitted only in the M-2 District shall be located at least 200 feet from any R or C-1 district and not less than 100 feet from any other district except an M-1 District.

   C.   Outdoor storage of equipment not intended for over-the-road or rail use, supplies (or materials) intended for refabrication, waste materials, industrial by-products, or items intended for junk yards shall be so located and screened, fenced or landscaped to comply with a type “C” opaque screen as described in paragraph 194.02(3)(C) of this Zoning Ordinance to effectively prevent visibility of such storage from all adjoining property lines and street right-of-way lines. In the event that the property owner and Department Director disagree regarding whether or not any site must be screened, the property owner may appeal to the Board of Adjustment in accordance with the provisions of Section 197.01(3) of this Zoning Ordinance.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the M-2 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Front Yard: 50 feet.

   B.   Side Yard: 9 feet required, except when adjacent to any street right-of-way line, in which case 50 feet.

   C.   Rear Yard: 40 feet, except that where a railroad right-of-way lies immediately adjacent to the rear of a lot, the rear yard requirement need not apply.

   D.   Maximum Height: No limitation.

   E.   Maximum Number of Stories: No limitation.

4.   Off-Street Parking and Loading. Spaces for off-street parking and loading in the M-2 District shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.

The M-3 District is intended and designed to provide for increased flexibility in the location of certain manufacturing and industrial uses while maintaining protection for nearby residential districts. It allows selected industries of a non-nuisance character to locate in areas near residential uses. The M-3 District is characterized by large lots, with landscaped grounds and ample provision for off-street parking and loading spaces, and structures generally one or two stories in height.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the M-3 District; provided, however, all manufacturing, assembling, compounding, processing, packaging or other comparable treatment, including storage of any and all materials and equipment, shall take place within completely enclosed buildings, except for parked motor vehicles and off-street parking and loading as required by Section 194.01 of this Zoning Ordinance. In addition, all open areas not used for off-street parking or loading shall be planted with grass, properly maintained, and kept free from refuse and debris.

   A.   Assembly of small electrical appliances, small industrial and electronic instruments and devices, radios, phonographs and television sets, including the manufacture of small accessory parts only such as coils, condensers, transformers, crystal holders and similar products.

   B.   Commercial trade schools and business colleges, including dormitory facilities.

   C.   Compounding and packaging of drugs, pharmaceuticals, cosmetics, perfumes and toiletries.

   D.   Research, experimental and testing laboratories.

   E.   Manufacturing, assembling, compounding, processing, packaging or other comparable treatment of the following:

      (1)   Bakery goods, candy and food products.

      (2)   Cameras and other photographic equipment.

      (3)   Electric and neon signs, outdoor advertising signs.

      (4)   Medical, dental, and drafting instruments.

      (5)   Musical instruments, toys, novelties, and rubber and metal hand stamps.

      (6)   Pottery and other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

      (7)   Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, rope, cord, twine, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, cardboard, plastics, natural and synthetic rubber, precious or semiprecious metals or stones, shells, textiles, tobacco, wax, wood, yarns, light metal mesh, pipe, rods, strips or wire.

      (8)   Small precision instruments, such as barometers, clocks, watches, and compasses.

   F.   Office buildings.

   G.   Printing, lithographing or film processing plants.

   H.   Radio and television broadcasting stations and studios, but not including antennas or towers.

   I.   Warehouses for storage of merchandise or material in connection with the uses permitted in this district only.

2.   Permitted Accessory Uses. Permitted accessory uses in the M-3 District are as follows:

   A.   Accessory uses of land or structures customarily incidental and subordinate to any of the principal uses set forth in subsection 1.

   B.   Dwelling for any watchman or caretaker.

   C.   Employee cafeteria or other food concession in conjunction with a permitted use.

3.   Area and Size Regulations. The following minimum requirements shall be observed in the M-3 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:

   A.   Front Yard: 50 feet.

   B.   Side Yard: two side yards, each 10 feet wide or one side yard 20 feet wide; provided, however, where adjacent to an R district on the street right-of-way line, 50 feet.

   C.   Rear Yard: 50 feet.

   D.   Maximum Floor Area Ratio: One to one.

   E.   Maximum Height: 35 feet.

   F.   Maximum Number of Stories: two stories.

The purpose of this district is to promote and encourage development or redevelopment of tracts of land on a planned, unified basis by allowing greater flexibility and diversification than is normally permitted by conventional single lot development in other zoning districts because of the substantial public advantages of planned development. Although Planned Unit Developments (PUDs) may appear to deviate in certain respects from a literal interpretation of the comprehensive plan, regulations adapted to such unified planning and development are intended both to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use through an improved level of amenities, appropriate and harmonious variety, creative design, and a better living environment.

1.   Where Permitted. Planned Unit Developments shall be permitted on any two-acre or larger tract of land that has been zoned or rezoned for PUD purposes by the Council. Said PUDs may consist of residential, commercial, industrial, public, semi-public and/or conservancy land uses.

2.   Procedure.

   A.   Pre-application Conference. In order to eliminate unnecessary expenditures of time and money, the developer shall first schedule a pre-application conference with the Department Director, who shall involve representatives of other departments as deemed appropriate. The Department Director may require submittal of a generalized sketch plan providing such information as follows:

      (1)   Location and size of the overall site, and of the individual types of development or uses proposed within the site.

      (2)   Existing topography, indicating major earthwork areas, storm water runoff and detention considerations, flood plains, and any problem areas.

      (3)   Existing tree masses, geological and environmentally important characteristics.

      (4)   Generalized vehicular and pedestrian systems and parking areas.

      (5)   Generalized building locations.

      (6)   Approximate gross density, and number and types of dwelling units in accordance with the comprehensive plan; approximate gross floor areas of commercial and industrial land use.

      (7)   Generalized utility line considerations with sanitary sewer capacity limitations so noted.

      (8)   Generalized public and private ownership boundaries, including common ownership areas, if any.

The Department Director shall have fifteen days in which to review and comment on the pre-application sketch plan. Following the department’s review, the developer may request an informal consideration of the proposal by the Plan and Zoning Commission. Said consideration shall be non-binding on either party.

   B.   Application for Rezoning. Following the pre-application conference the applicant shall submit a petition for rezoning in accordance with standard City procedures for rezoning, accompanied by a master plan and related documents containing the information required by other paragraphs of this section, and required fees. The petition and master plan shall be referred to the Plan and Zoning Commission for study and report, and for public hearing as required by this Zoning Ordinance for rezoning. The Commission shall review the master plan for conformity to the standards of this section, and may approve the plan as submitted; require the petitioner to modify, alter, adjust, or amend the plan as deemed necessary to preserve the intent and purpose of this section to promote public health, safety, morals and general welfare; or recommend that it be denied. The action of the Commission shall be reported to the City Council, whereupon the Council may approve or disapprove the petition and master plan as reported or may require such changes thereto as deemed necessary to effectuate the intent and purpose of this section. All public hearings shall be scheduled as soon as possible after all required information has been submitted. The Commission shall report their findings to the Council in a timely manner. In the event they fail to take action within sixty days after the date of public hearing, the petitioner or anyone located within the notification area as defined for rezonings may request in writing that the Commission complete their considerations. The Commission shall then take action within the next thirty days and report their findings to the Council for consideration by the Council, unless the Council expressly grants the Commission additional time to complete negotiations, studies, or other items necessary.

   C.   Final Plans. Final plans for the Planned Unit Development shall be comprised of site plans and/or preliminary and final subdivision plats as appropriate to the situation due to requirements of the site planning and subdivision ordinances or specific provisions of the master plan. Such site plans and plats shall contain all information and be processed in the manner set forth in said ordinances, in addition to complying with any specific provisions of the master plan, and shall generally comply with the development concepts outlined in the master plan. No public notice or hearing shall be required for final plans unless required by the master plan or caused to be required by the Commission or Council as deemed appropriate, provided that deviation from the master plan may be permitted as refinements to the design and planning if not defined by this Zoning Ordinance as a substantial modification requiring amendment to the master plan. Such deviations shall be expressly set out and shall be approved by the Commission and Council. Final plans may cover all or part of the Planned Unit Development, provided that a final plan covering only a part of a PUD is hereby defined as a phase irrespective of contrary provisions by the master plan and shall demonstrate the ability to be self-sustaining in terms of access, services, utilities, open space, economic viability, and other major considerations. If it is the desire of the petitioner, preliminary plat and/or final site plan approval may be obtained at the time of master plan approval by expressly declaring such intent and filing all information required by the subdivision and site planning ordinances. Final site plan approval shall not be granted for an unplatted parcel. Upon approval of final plans, building permits shall be issued in the same manner as for building permits generally. In any event where platting is required, no building permits shall be issued until the final plat is approved and recorded and all other requirements complied with. Final plans shall be binding on the petitioner and any and all successors in title so long as PUD zoning applies to the land, unless amended in accordance with the procedures set forth.

   D.   Amendments or Modifications. Substantial modification to the master plan shall be processed in the same manner as a rezoning and additionally shall comply with the provisions of paragraph B above. Notice and public hearing requirements and the effect of a denial shall be the same as for a rezoning, provided that the notification area shall be those property owners legally required to be notified as opposed to the entire PUD. Further provided, in the event a requested amendment for a portion of the entire PUD is denied, such action shall not create any limitations under rezoning procedure on the filing of an amendment to another portion of the PUD having a substantially different notification area. Any ambiguities or disputes between this section and procedures for rezoning shall be resolved in favor of the more restrictive requirements. Substantial modifications are hereby defined to include, but are not limited to, the following: increased density; intensification of use by changing to a lower classification, with conventional single family being the highest classification and progressing to attached single family, multiple family, commercial offices, retail, warehousing, and light industry, to heavy industry; addition of uses, or elimination of conditions or restrictions on a use or uses; increased floor area ratios, or other modifications considered probable to generate increased traffic, sewage, water consumption, or other detrimental conditions; significant modifications to peripheral buffering or screening, setbacks, height, locations of buildings, drives, or other improvements, which were intended for protection of proximate properties, provided that substitution of equivalent screening materials shall not be considered a substantial modification; modifications to the street pattern, such as that of major streets or continuations of existing streets, which will have a demonstrable impact on traffic flow such as to effectively change the functional classification of the street; modifications to access which may lead to increased congestion, or to additional commercial or industrial traffic on a local residential street; or other changes deemed substantial by the Department Director. Modifications to final plans shall follow the procedures of the site planning or subdivision ordinances, as appropriate, except in the case of a substantial modification as defined above.

3.   Information Required on Master Plan. The following information, plans and maps shall be submitted as part of the application for a Planned Unit Development:

   A.   Names, addresses, and telephone numbers of owners, developer, and designer; name of development, date, north point, and scale.

   B.   Legal description of the PUD, and map of the boundary of the proposed PUD as well as interior boundaries of proposed development phases, and of any existing separate ownerships.

   C.   Sufficient information on adjacent properties to indicate relationships to the proposed development, including such information as land divisions, land use, pedestrian and vehicular circulation, significant natural features or physical improvements, and drainage pattern.

   D.   Existing site conditions including contours at intervals sufficient to indicate topographic conditions (generally two feet), drainageways and one hundred year flood plains, floodways, heavy woods or other significant natural areas, and existing structures; multiple family, commercial, and industrial structures, and recreation facilities; further delineating areas with different uses or building types, and gross density per acre.

   E.   General location and size of areas to be dedicated or reserved for common open space, park, schools, recreation area, and similar uses, and how any private facilities are proposed to be maintained.

   F.   Existing and proposed general circulation systems, including streets, pedestrian ways, and major points of access with estimated traffic generation.

   G.   Existing and proposed general sanitary and storm sewer systems, water mains, and drainage ways.

   H.   Proposed development standards, including but not limited to, uses, density, floor area ratios, or bulk regulations including open space, lot areas and widths, setbacks, and exceptions or variances from general requirements of zoning and other ordinances.

   I.   Estimated sewer and water usage computations in accordance with the criteria of the regulating agency.

   J.   Treatment of transitional zones around the perimeter of the project for protection of adjoining properties, including setbacks and landscaping areas,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  fences or other screening, height limitations or other provisions.

   K.   A narrative or graphic explanation of the planning and design concepts and objectives the owner intends to follow in implementing the proposed development, including a description of the character of the proposed development; the rationale behind the assumptions and choices made; the compatibility with the surrounding area; and design considerations for architecture, engineering, landscaping, open space and so forth.

   L.   A statement of intent with regard to selling or leasing all or portions of the proposed development.

   M.   Proposed energy conservation methods, such as siting or design or structures.

   N.   Proposed phasing timetable.

The above information should be shown in a clear and logical manner at a legible scale. Sheet size should not exceed 24" x 36" for paper copies and Mylar reproducible sheets. Where practical, the final document is required to be one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the PUD. Generally, existing conditions should be illustrated on a separate sheet for sake of clarity, although existing topography, access, utility and sewer lines and other items that are appropriate for understanding the proposal should also appear on the proposed development plan. It is strongly recommended that an architect, landscape architect, and civil engineer be employed to prepare the plans. The Commission or Council may require any additional information which may be needed to evaluate the proposed PUD on the basis of special or unforeseen circumstances, or may waive any of the above requirements if it is found that such information is unnecessary to properly evaluate the proposed PUD

4.   Development Controls. Although PUDs are intended to promote and permit flexibility of design and thereby may involve modifications of conventional regulations or standards, certain requirements which are set forth below shall be applied to ensure that the development is compatible with the intent of this Zoning Ordinance.

   A.   Any use that is approved and made a part of the master plan, subject to any conditions attached thereto, shall be permitted.

   B.   Height, setback, bulk, and other requirements set out in the master plan shall constitute the basis for and become the zoning requirement for that particular PUD, provided that refinements may be made through final plan approval if not defined as a substantial modification; in lack of any special provisions set out in the master plan, the requirements of the most proximate zoning district, as defined by use, shall be applied.

   C.   Project phases shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open space, screening and transitional elements and other support features, and be capable of supporting required operation and maintenance activities; temporary provisions, such as turnarounds or access easements, may be required for this purpose; the initial phases generally should not be comprised of the most intensive portions of the PUD, unless the City concurs this is the most feasible means of developing the property in terms of access, sewer service, or similar physical constraints, or will permit earlier development of common amenities.

   D.   Attention shall be given to mitigation of existing or potential land use conflicts through proper orientation, open space setbacks, landscaping and screening, grading, traffic circulation and architectural compatibility. It is the intent of this section to recognize that appropriate use of design techniques will provide the required mitigation, and thereby eliminate the need for certain conventional regulations or standards. Examples of design techniques, not requirements, are: orienting views, access, and principal activities away from the land use needing protection by placing those least compatible activities farthest from the common boundary and those compatible nearest to create an effective buffer; using setbacks in conjunction with landscaping can mitigate conflicts by providing a visual buffer, controlling pedestrian access, softening visual contrast by subduing differences in architecture and bulk, and reducing heat generated by development, and the use of dense landscaping can reduce the width of physical separations needed for such purposes; the use of proper grading will control drainage, can alter views, subdue sound, and channel access; fences, walls and berms can be used to channel access and control visual, sound and light pollution; proper architectural use of color, bulk, materials and shape will enhance compatibility and reduce contrast, although details added to the building for esthetic purpose without consideration to form and surroundings may be detrimental rather than helpful; and proper design of pedestrian ways, streets and points of access and proper location of parking areas, will reduce congestion and safety hazards and help prevent introduction of noise, pollutants and other conflicts into areas with less intensive land use. Other techniques may also be used.

   E.   Permanent care and maintenance of common elements such as open space, recreation amenities, and others shall be provided in a legally binding form. If the common elements are to be maintained by a home owners’ association, the applicant shall file the proposed documents governing the association for review by legal counsel for compliance with the following requirements at the time the final plat or site plan is filed:

      (1)   Membership shall be mandatory for each buyer and any successive buyer.

      (2)   The open space restrictions shall be in perpetuity, or automatically renewable, and shall not terminate except by approval of both the owners’ association and the City;

      (3)   The owners’ association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities not dedicated to the City;

      (4)   Owners shall pay their pro rata share of the cost or the assessment levied by the association shall become a lien on the property;

      (5)   The association shall be able to adjust the assessment to meet changes needed;

      (6)   No change in open space use or dissolution of the owners’ association shall occur without approval by the City.

   F.   Performance bonds or other security acceptable to the City may be required to ensure completion of recreational amenities provided in lieu of public facilities, or for mitigating elements such as screening or public improvements.

   G.   Except where the City agrees to other arrangements, a PUD shall be comprised of a single owner, or a group of owners acting as a partnership or corporation with each agreeing in advance to be bound by the conditions which will be effective in the PUD.

5.   Validity. In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the developer shall file appropriate information detailing the reasons for the delay with the City. The Department Director shall review the circumstances and prepare a report recommending appropriate action to be taken concerning the PUD. The Plan and Zoning Commission and Council shall review the matter, and may continue the PUD zoning with revised time limits; require that appropriate amendments be made or action taken, such amendments to comply with the procedures of this section if deemed substantial; continue with PUD zoning for part of the area, with or without revised time limits, and initiate rezoning of the remainder to an appropriate district; or initiate rezoning of the entire parcel to an appropriate district, provided that the rezoning shall not be to a zone more restrictive than the one applied immediately prior to the rezoning to PUD except after comprehensive planning analysis. The Commission and Council may schedule such public hearings as deemed appropriate. Approval of a final site plan or preliminary plat shall be deemed to commence development, provided that the permanent placement of construction materials shall have started and be proceeding without delay within two years after the date of site plan approval, and a final plat approved and filed with the Polk County Clerk and Recorder within one year after the date of preliminary plat approval in the event a site plan is not required. Failure to comply with this provision shall void the site plan and preliminary plat approvals, and make the PUD subject to review as provided above. It shall be the responsibility of the developer to comply with all prescribed time limits without notice from the City.

6.   Application to Existing PUD Districts. Existing PUD districts shall comply with the requirements and provisions of this section, provided that no additional filings shall be required to maintain current valid status, and no currently expired approvals shall be deemed to have been reapproved by passage of this section. Validity of existing PUDs shall be computed according to the time limits set forth herein from the effective date of the ordinance codified in this section.

7.   Fees.

   A.   Before any action shall be taken as provided in this section, the party or parties proposing the change shall pay the fee as established by City Council Resolution.

   B.   Under no condition shall said sum or any part thereof be refunded for failure of such rezoning or substantial modification to be enacted into law.

   C.   Site plans and subdivisions in a PUD shall be subject to the normal fees for such filings.

The U-1 District is intended to preserve and protect the heavily wooded areas, creeks, stream banks and adjacent flood plain areas of the City planning area from adverse future development. This district is also intended to provide for open space and the development of major public utility facilities where required to serve the needs of the community.

1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the U-1 District:

   A.   Agriculture, truck gardening and nurseries, and the usual accessory buildings; provided, no permanent dwelling units shall be erected thereon unless the tract contains ten or more acres.

   B.   Forests and forestry.

   C.   Publicly owned parks, playgrounds, golf courses, and recreational uses.

   D.   Any use erected or maintained by a public agency.

   E.   The uses listed in paragraph F of this section shall be permitted subject to approval by the Board of Adjustment after public hearing. In its determination upon the particular uses at the location requested, the Board of Adjustment shall consider all of the following provisions:

      (1)   The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property.

      (2)   Such use shall not impair an adequate supply of light and air to surrounding property.

      (3)   Such use shall not unduly increase congestion in the streets or public danger of fire or flood, and shall not endanger the public safety.

      (4)   Such use shall not diminish or impair established property values in adjoining or surrounding property.

      (5)   Such use shall be in accord with the intent, purpose, and spirit of this Zoning Ordinance and the comprehensive plan of the City.

   F.   The uses subject to the provisions of paragraph E of this section are as follows:

      (1)   Amusement enterprises, such as race tracks, carnivals, circuses, rides and shows, and similar enterprises.

      (2)   Mining and extraction of minerals of raw materials.

      (3)   Airports and landing fields.

      (4)   Private playgrounds, golf courses, and recreational uses.

      (5)   Public utility structures and equipment necessary for the operation thereof.

      (6)   Transmitting stations.

      (7)   Dumping of noncombustible materials for landfill purposes.

      (8)   Sanitary and combustible landfill.

2.   Permitted Accessory Uses. Permitted accessory uses in the U-1 District are as follows:

   A.   Accessory buildings and uses customarily incidental to any of the uses set forth in subsection 1.

3.   Area and Size Regulations. The following minimum area and size requirements shall be observed in the U-1 District:

   A.   Front Yard: 50 feet.

   B.   Side Yard: two side yards not less than 50 feet each.

   C.   Rear Yard: 50 feet.

   D.   Maximum Height: no limitation.

   E.   Maximum Number of Stories: no limitation.