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West Des Moines City Zoning Code

CHAPTER 11

PCP PROFESSIONAL COMMERCE PARK DISTRICT

9-11-1: REGULATIONS:

The regulations set forth in this chapter, and elsewhere in this title which are applicable, shall apply in the PCP Professional Commerce Park District.
For the purpose of this section, the "PCP District" is defined as an area for accommodating the management, research, design, marketing and production needs of those professional-commerce enterprises which comply with the performance standards of this chapter for the abatement of all obnoxious, detrimental or other generally unacceptable characteristics including ugliness of physical and natural properties; and for the encouraged use of those contemporary, modern and futuristic design techniques which yield compatibility of one area to another as well as special beauty. (Ord. 430, 8-11-1969)

9-11-2: USE REGULATIONS:

For the purpose of this section, it shall be recognized that the name of a use is not so important as the manner in which the use is accomplished. Further, in the interest of general community welfare, it is recognized that the community should be beautiful as well as financially prosperous, spacious as well as efficient; physically balanced as well as regulated. Therefore, it is considered impractical, if not impossible, to accurately enumerate those uses which would be beneficial or detrimental to the community; and that it is intended only that this district shall not be used indiscriminately to permit any use which might violate the general welfare of the community; but that it shall be restricted and confined to only those integrated professional-commerce uses which produce net gain to the community in both aesthetic and material quality.
Certain uses not considered professional-commerce and certain inherent physical characteristics are considered compatible or incompatible with the intent of this district as follows:
A.   Any enterprise or service which is specifically intended to augment, facilitate, be subsidiary and be accessory to the planned principal uses shall be permitted, providing such use shall be physically accomplished in an aesthetically compatible manner and shall comply with all restrictions or performance standards applicable to the principal uses.
B.   Multi-family residential buildings shall be allowed as standalone buildings in close proximity to existing employment and commercial areas, (generally meaning within acceptable walking distance), only when three of the four properties (excluding roadways) bordering the multi-family property have already been developed with office and/or commercial use buildings and when compliant with all performance standards specified within this chapter. The total amount of multi-family residential use within a PCP Zoning District shall be secondary to the amount of commercial and office use within the PCP zoned area.
C.   Any retail commercial use shall be prohibited, except as provided in subsection A of this section.
D.   Any enterprise, regardless of professional-commerce category, which with the exception of signage cannot wholly enclose its functions within the principal structures or otherwise effectively conceal its functions from public observation, shall be prohibited except as otherwise identified in this title. (Ord. 2333, 12-26-2018; amd. Ord. 2570, 7-5-2023)

9-11-3: PERFORMANCE STANDARDS:

All uses to be permitted within the PCP District shall comply in total with the following performance standards:
A.   The general manner in which any use is accomplished shall demonstrate good faith in the doctrines endorsing responsible recognition of neighbors' rights, coordination of neighborhood efforts and compatibility of neighborhood elements. (Ord. 430, 8-11-1969)
B.   The principle of spacious separation and adaptation of the manmade elements to be harmonious with the natural environment shall dominate the central design theme of the site and structural planning. To accomplish this objective, the following standards shall be considered as minimum acceptable standards:
1.   The total ground area devoted to open space for natural landscape and landscape beautification shall be not less than thirty five percent (35%) of the total land area within the immediate site under ownership and consideration. Such open space shall be free of all drives, parking areas, structures, buildings, etc., except for those walkways, monuments, ornamental structures, etc., considered to be necessary but essential to the central landscape theme.
2.   Pedestrian pathways to facilitate residents' movement from residential buildings to and between offices, retail, recreational, and commercial areas shall be provided. (Ord. 2333, 12-26-2018)
C.   Parking areas, loading ramps, utility areas, etc., shall be effectively screened from observation and visibility by normal traffic using all public thoroughfares within one thousand feet (1,000') of such area's immediate perimeter or boundary. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using substantially mature trees and shrubs which have year-round effectiveness; topography such as the natural or manmade grade differences with sight restrictions similar to a hillside; structural additions such as permanent walls or other equally permanent and effective screening innovations. Any one or combination of screening methods may be used providing, however, the net result shall be complementary to the central theme of the overall aesthetic character as well as effectively accomplish the concealment of the area in question.
D.   While it is not the purpose of this chapter to dictate or specify building materials and structural standards, the importance of material strength and permanency in their proportional relationship to the central aesthetic character shall be recognized and the principle of structural strength and permanency shall dominate the structural materials and components. This principle shall not be construed to prevent the use of material innovation nor progressive structural design; however, it shall recognize the strength of stone as compared to the frailty of paper mache, the permanency of brick as compared to constant maintenance of wood veneer, the strength of concrete and steel as compared to the frailty of light sheet metal, etc.
E.   Complete abatement or elimination of all generally offensive or obnoxious characteristics such as odors, gases, noise, vibration, pollution of air or water or soil, excessive and unnatural lighting intensity, unusual human activity, hazardous activity, etc., which may be detrimental to the general welfare of this community, shall be accomplished. The standard for compliance with this paragraph shall be as follows:
1.   Fire Hazard: The use shall not include any activity involving the use or storage of flammable or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
2.   Noise: At the lot or property line, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in table I of this section, after applying the correction shown in table II of this section. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, NY, and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, NY, shall be used.)
TABLE I
 
Frequency Range Containing Octave Bands In Cycles Per Second
Octave Band Sound Pressure Level In Decibels re .0002 dynes/cm2
20 - 300
60
300 - 2400
40
Above 2400
30
 
If the noise is not smooth and continuous and is not radiated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., one or more of the corrections in table II of this section shall be applied to the octave band levels given in table I of this section.
TABLE II
Type Of Location Of Operation Or Character Of Noise
Correction In Decibels
Type Of Location Of Operation Or Character Of Noise
Correction In Decibels
a.   Daytime operation only
Plus 5
b.   Noise source operated less than:
20% of any 1-hour period
Plus 5
5% of any 1-hour period
Plus 10
(apply 1 of these corrections only)
c.   Noise of impulsive character, such as hammering
Minus 5
d.   Noise of periodic character, such as humming or screeching
Minus 5
 
3.   Smoke: No emission shall be permitted at any point from any chimney or otherwise of visible grey smoke of a shade equal to or darker than no. 2 on the Power's Micro-Ringelmann Chart published by the McGraw-Hill Publishing Company, Inc., and copyright 1954 (being a direct facsimile reduction or a standard Ringelmann Chart as issued by the United States Bureau of Mines) except that visible grey smoke of a shade equal to no. 3 on said chart may be emitted to four (4) minutes in any thirty (30) minute period of time.
4.   Odors: No emission shall be permitted or odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four (4) volumes of clean air, at the lot line. There is hereby established as a guide in determining such quantities of offensive odors, table III, "Odor Thresholds" in chapter 5, "Air Pollution Abatement Manual", copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.
5.   Fly Ash, Dust, Fumes, Vapors, Gases And Other Forms Of Air Pollution: No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling at any point at or beyond the property line. No emission shall be permitted in excess of the standards specified in table I, chapter 5, "Industrial Hygiene Standards, Maximum Allowable Concentrations", of the "Air Pollution Abatement Manual", copyright 1951 by the Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, or any solid or liquid particles in concentrations, exceed 0.3 grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit (500°F) and fifty percent (50%) excess air.
6.   Vibration: The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
7.   Glare: The use shall not involve any direct or reflected glare which is visible from any adjoining lot or property.
8.   Traffic Hazard: The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
9.   Overtax Public Utilities And Facilities: The use shall not involve any activity substantially increasing the burden on any public utilities or facilities, unless provision is made for any necessary adjustments.
10.   Character Of Neighborhood: The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless by design, setback, nature of operation, and other devices the character of the neighborhood will be maintained.
11.   General Welfare Of The Community: The use shall not involve any activity which adversely affects the general welfare of the community.
F.   The need for private enterprise to visually pronounce their presence through the use of nameplates, placards, monuments or signs is herein acknowledged. However, such signing shall be in good taste and in good keeping with the central aesthetic theme; sign materials shall be permanent or long lasting in quality with the use of two-dimensional wall painted signs prohibited; lighting of signs shall be nonobtrusive with backlighting or other methods of indirect lighting encouraged; and profusion of conflicting or contrasting signs shall be prohibited1. See chapter 18 of this title.1.
The number of individual signs shall not exceed one sign per property entrance-exit point and one sign per principal building entrance-exit point. Such signs shall be limited to the immediate vicinity of the entrance-exit point and shall not be cumulative in number for locations other than the individual entrance-exit points.
The size and shape of signs shall not prevent the use of registered trademarks. However, in no instance shall a sign of such size, shape or design be permitted which overwhelms the central scene. (Ord. 430, 8-11-1969)

9-11-4: HEIGHT REGULATIONS:

Unless provided elsewhere within this title or defined within a planned unit development (PUD) or specific plan ordinance (ZCSP), height regulations in the PCP District shall be as designated in chapter 7, "Setback And Bulk Density Regulations", of this title. In addition, no building or structure shall be constructed to a height which may create an air traffic hazard to the approach or departure of an existing airport within a fifteen (15) mile radius of the building or structure. (Ord. 2333, 12-26-2018)

9-11-5: OFF-STREET PARKING:

See chapter 15 of this title. (Ord. 430, 8-11-1969; amd. Ord. 2297, 4-30-2018)

9-11-6: RESERVED:

Reserved by Ord. 2570, 7-5-2023.

9-11-7: BULK REGULATIONS:

A.   Unless provided elsewhere within this title or defined within a planned unit development (PUD) or specific plan ordinance (ZCSP), bulk regulations for the development of office and commercial use buildings shall abide by the minimum requirements specified in chapter 7 of this title.
B.   Unless provided elsewhere within this title or defined within a planned unit development (PUD) or specific plan ordinance (ZCSP), bulk regulations for the development of standalone multi-family residential use buildings shall abide by the following minimum requirements:
1.   Minimum lot area shall be sixty thousand (60,000) square feet.
2.   Principal and accessory building setbacks shall be as follows:
a.   Front yard = fifty feet (50').
b.   Rear yard = fifty feet (50').
c.   Side yard = fifty feet (50').
3.   Minimum lot width = one hundred fifty feet (150').
4.   Minimum street frontage on one frontage = one hundred fifty feet (150').
5.   Minimum separation between principal buildings = thirty feet (30'); buildings over three (3) stories in height shall provide an additional ten feet (10') of building separation.
6.   Minimum separation between accessory buildings = twenty feet (20'); buildings over three (3) stories in height shall provide an additional ten feet (10') of building separation.
7.   Maximum building height = sixty feet (60'); an additional twelve feet (12') of height shall be allowed for each additional ten feet (10') of building setback. (Ord. 2333, 12-26-2018)