A.   These regulations are adopted for the following purposes:

1.   To protect and provide for the public health, safety, and general welfare of the municipality.

2.   To guide the future growth and development of the municipality in accordance with the comprehensive plan.

3.   In order to classify, regulate and segregate uses of lands and buildings.

4.   To provide for adequate light, air, and privacy, to promote safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population, and to regulate and limit the height and bulk of buildings hereafter erected or altered.

5.   To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of the land and buildings.

6.   To protect and conserve open space through limits to the intensity of the use of a property, the area of yards, courts and open space. (Ord. 1190, 6-17-1996)

A.   The city is divided into twenty four (24) zoning districts, three (3) flood (overlay) districts, and four (4) airport hazard and height (overlay) districts. The use, height and area regulations are uniform in each class of zoning district and overlay district, and said districts shall be known as:

A.   Categories And Purposes: The categories and purposes of land use zones that have been established within the Municipality are as follows:

1.   OS - Agricultural/Open Space District:

a.   It is intended of this district to provide for areas that will be dominated by agricultural uses, grazing, nonfarm wooded areas and very large lot estate or farm homes. To encourage the preservation of areas designated as agricultural/open space in a largely undeveloped state, allowable dwelling units may be transferred to portions of the subject property which are not designated agricultural/open space. It is also intended that this designation: 1) provide for very low-density farmland environment and housing/lifestyle choice; 2) retain land with significant topographical or other physical constraints as open space; 3) provide a buffer between incompatible land uses; 4) provide for the controlled development of natural resources; 5) provide for the preservation of areas with unique environmental resources; and 6) hold some land from urban development until such time as development within urban services areas are approaching full development or the development of the property has a significant beneficial effect for the City and furtherance of the policies of the comprehensive plan.

2.   RE - Residential Estate District:

a.   The purpose of this district is to promote a residential environment typified by larger lot single-family dwellings of an individual design. The minimum lot size within a development or area shall be stipulated by a minimum lot size suffix that will be established for each RE District. These low-density lots shall be grouped and be of such a number so as to form an identifiable neighborhood and image. Agricultural uses shall be allowed as permitted in the applicable use matrix. Developments within this density range may lend themselves to development with septic systems. However, all developments on septic systems shall be fitted with dry sewers to allow connection to the Citywide sanitary system when it becomes available. Septic systems shall only be allowed for developments located in areas that have soils and unit densities suitable for septic systems. Areas with poor soils for septic systems and no available sewers shall not be developed until such time that adequate sanitary sewers for the development are secured.

3.   RS - Residential Single-Family District:

a.   The purpose of this district is to encourage residential neighborhoods of exclusively single-family dwellings with a wide range of lot sizes. Any development must have an overall density from 1.1 to 6.0 du/acre. Minimum lot sizes may be established for each RS District through the use of a minimum lot size suffix. This land use zone is also intended to facilitate pedestrian access to schools, churches, parks, and neighborhood convenience shopping.

4.   R-1 - Single-Family Residential District:

a.   The purpose of this district is to encourage residential neighborhoods of exclusively single-family dwellings with a minimum lot size of seven thousand five hundred (7,500) square feet. No minimum lot suffixes shall be used with this district designation. This district is also intended for public or private parks and playgrounds. Pedestrian access to schools, churches, and parks should be encouraged.

5.   SF-CR - Single-Family Commerce Residential District:

a.   The purpose of this district is to recognize and encourage the existing and unique residential neighborhood in commerce as a neighborhood of single-family dwellings with a minimum lot size of seven thousand five hundred (7,500) square feet. This land use zone is also intended to address the physical constraints created by the topography and the Raccoon River floodplain.

6.   SF-VJ - Residential District Single-Family Valley Junction:

a.   The purpose of this district is to recognize and encourage the existing and unique residential neighborhood in Valley Junction as a neighborhood of single-family dwellings with a typical lot size of six thousand (6,000) square feet. This land use zone is also intended to address the physical constraints created by the small lot size in this area.

7.   Reserved. (Ord. 1309, 6-29-1998)

8.   MH - Manufactured Housing District:

a.   The purpose of this district is to provide areas for manufactured and mobile home subdivisions and parks that will foster alternative housing choices for the City's residents. The manufactured and mobile homes shall be grouped in subdivisions and parks of densities between 5.1 to 12.0 du/acre. Suffixes shall be used in the MH District to identify the maximum allowed density for the subject property.

9.   RM - Residential Medium-Density District:

a.   The purpose of this district is to foster a residential environment typified by multi-family dwelling units of no more than twelve (12) du/acre. Suffixes shall be used in the RM District to identify the maximum allowed density for the subject property.

10.   RH - Residential High-Density District:

a.   The purpose of this district is to provide for a compact residential environment, allowing multi-family dwellings of no more than eighteen (18) du/acre. Suffixes shall be used in the RH District to identify the maximum allowed density for the subject property.

11.   RC - Regional Commercial District:

a.   Regional commercial areas shall be designated to supply the shopping needs for comparison shopping for a variety of products ranging from electronics, household goods, apparel, furniture, and sporting goods. Regional commercial areas will generally be composed of an enclosed mall as the focal point for the area with at least seven hundred fifty thousand (750,000) square feet or more. A variety of commercial uses of various sizes will be located in close proximity to the mall site. Although the regional commercial area will extend over a broad area and across streets, unifying themes and/or architecture should be used to tie the area together. The Valley West Mall area along University Avenue is the present regional commercial area for the City. The need for another regional commercial area may develop in the future. The service area for a regional commercial area is typically eight (8) miles or more. A regional commercial area should be a minimum of one hundred twenty (120) acres or larger. Regional commercial areas should be located on arterial streets with direct freeway access.

12.   CMC - Community Commercial District:

a.   Community commercial areas shall be designated to supply daily and occasional shopping needs. The community commercial area shall serve a similar function as a neighborhood commercial area plus the sale of goods such as appliances, hardware, etc. Each community commercial area should be encouraged to include a variety merchandise store, one or more supermarkets, a drugstore, restaurants, banks and a large number and variety of other stores. Community commercial areas may be large, may tend to expand across streets, and may be created in small incremental additions. Individual commercial centers and uses within community commercial areas should be tied together by prominent common features such as a tree type, roofing material and style, and architectural theme. The separation between community commercial areas should be three (3) to five (5) miles. A community commercial area should range in size from fifteen (15) to fifty (50) acres. Community commercial areas should be located at the intersection of either two (2) arterial or major collector streets. Primary access should not be taken off local residential streets.

13.   NC - Neighborhood Commercial District:

a.   Neighborhood commercial areas shall be designated to provide for small commercial centers and uses which provide a limited range of products and services to the residents of the surrounding neighborhood. Typical uses would include professional offices, laundry and dry-cleaning establishments, drugstores, a supermarket, beauty and barber shops, and other personal services. Because of their proximity to residential areas, such centers or uses should be specifically designed and operated to be compatible with the adjacent residential development. Limitations on design and operation would include building height and intensity, trip generation, architectural and signage controls suitable for a residential neighborhood, increased landscaping and stricter control of noise and glare compared to larger commercial centers, and controls on hours of operation and on delivery vehicles. Projects in this category will be limited to a height of one story and have a residential style roof design, e.g., mansard, pitched, gable, etc. Emphasis should be placed upon unrestricted pedestrian access to and from the surrounding residential areas. The separation between a neighborhood commercial area and other community, neighborhood and convenience commercial areas should be one to two (2) miles. A neighborhood commercial area should range in size from five (5) to fifteen (15) acres. Neighborhood commercial areas should be located to have access from either arterial or major collector streets, and should avoid having local residential streets serve as their principal access. No more than two (2) corners of an intersection should be devoted to a neighborhood commercial use. Strip centers should be avoided.

14.   CVC - Convenience Commercial District:

a.   Convenience commercial areas shall be designated to provide for single users commercial sites or small commercial centers and uses which provide opportunities for the sale of most frequently purchased goods or services. Typical uses in this designation would be a convenience market, professional offices, daycare centers, banks, and other personal services. Like neighborhood commercial designated areas, convenience commercial areas shall be specifically designed and operated to be compatible with adjacent residential areas. Specifically, limitations on the design and the operation of uses shall include architectural and building mass, hours of operation, delivery vehicles, noise and lighting control, signage and traffic. Developments shall be limited to one story in height and have a residential exterior design, material and roof style. Projects shall emphasize unrestricted pedestrian access to and from surrounding residential areas. The separation between a convenience commercial area and other community, neighborhood and convenience commercial areas should be one and one-half (11/2) miles. A convenience commercial area should range in size from one to five (5) acres. Convenience commercial areas should be located to have access from either arterial or major collector streets, and should avoid having local residential streets serve as their principal access. No more than two (2) corners of an intersection should be devoted to a convenience commercial use.

15.   SC - Support Commercial District:

a.   Support commercial areas shall be designated to provide for commercial centers and uses which are oriented toward the freeway motoring public and/or employment centers. Typical uses would include hotels/motels, restaurants, gasoline service stations, professional offices, laundry and dry cleaning establishments, banks, drugstores, office supply stores, convenience markets or other professional services. Support commercial areas shall be sized to meet the needs of the motoring public and/or the employment center. Support commercial areas that are intended to provide services to employment centers shall incorporate pedestrian orientation to and from the employment areas into their design.

16.   VJC - Valley Junction Commercial District:

a.   Valley Junction commercial areas shall be designated to provide for commercial uses which are oriented toward the motoring public along First Street and Railroad Avenue. Typical uses would include restaurants, convenience gas stations (without repair service), professional offices, laundry and dry cleaning establishments, banks, drugstores, office supply stores, or other service uses as defined by the Valley Junction commercial land use matrix. Development of the Valley Junction commercial district area shall be in conformance with the Valley Junction subarea plan and historic guidelines.

17.   VJHB - Valley Junction Historic Business District:

a.   The historic business district designation shall be utilized to denote the old downtown area of Valley Junction. Uses within this area shall include professional offices, restaurants, bar/restaurants, bars, specialty retail stores, and other personal services. Development of commercial property shall be in conformance with the Valley Junction subarea plan and historic guidelines.

18.   WR - Warehouse Retail:

a.   Warehouse retail areas shall be designated to provide areas for mixed use development of lighter industrial uses and the more intensive service, retail, and wholesale commercial uses. Allowable uses include research and development; light distribution; wholesale or retail sale of industrial supplies, building equipment and materials, home furnishings and home improvement; car dealerships; restaurants; and convenience stores.

19.   BP - Business Park District:

a.   Business park areas shall be designated to provide desirable areas protected by performance, design and use controls regarding lot size, building size, appearance, land coverage, parking and loading facilities, noise, dust, fumes, internal circulation and other environmental and functional issues for a variety of office, research and development, warehouse and distribution, and light assembly and manufacturing uses. Included within this category is a limited range of commercial uses located and designed to service the business park area. Business park areas should be encouraged to be planned as a unit with compatibility of design, building materials, and landscaping acting as a unifying theme. Access to business park areas should be off of arterial and/or collector roadways. Primary access should not be taken off of local residential streets.

20.   VJLI - Valley Junction Light Industrial District:

a.   The purpose of this district is to recognize and encourage the existing and unique light industrial neighborhood in Valley Junction as an area with a typical lot size of seven thousand two hundred fifty (7,250) square feet. This land use is intended to address the physical constraints and limitations created by the small lot sizes in this area in order to promote the future development and redevelopment of this unique area. Uses allowed in this area are intended to be low impacting industrial uses that can coexist with residential uses in the neighborhood.

21.   LI - Light Industrial District:

a.   Light industrial areas shall be designated to provide areas for most light industrial, and warehouse and distribution facilities. It is of special concern to the city that there be an adequate variety of sizes and locations of light industrial parcels. Appropriate buffering as prescribed by the zoning ordinance shall be established between light industrial areas and other uses, in particular, residential uses. Every effort should also be made to encourage redevelopment of existing industrial areas. Access to light industrial areas should be off of arterial and/or collector streets.

22.   GI - General Industrial District:

a.   General industrial areas shall be designated to provide areas for light and heavy industrial uses, and warehouse and distribution facilities. In particular, general industrial areas are intended to provide areas where outside storage and fabrication yards are allowed if properly mitigated, including dust control and visual screening when deemed necessary. Appropriate buffering as prescribed by the zoning ordinance shall be established between general industrial areas and other uses, in particular, residential uses. Every effort should also be made to encourage redevelopment of existing industrial areas. Access to general industrial areas shall not be through residential areas. Access to general industrial areas should be off of arterial and/or collector streets.

23.   OF - Office District:

a.   Office areas shall be designated to attract desirable and stable professional office development which will be in harmony with adjacent land uses. Typical office uses include insurance, medical, law, real estate, finance and investment, and other services. Adequate landscape buffering shall be provided between office uses and residential uses. Office uses immediately adjacent to single-family residential land uses should not exceed three (3) stories in height unless adequate buffering and additional setbacks, as provided by the zoning ordinance, are provided. Primary access to office areas should generally not be taken directly off of local residential streets. Limited support commercial uses such as sit down restaurants and hotels/motels shall be allowed given specific design restrictions.

24.   PCP - Professional Commerce Park District:

a.   This district has been identified 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 the applicable sections of this Code 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. 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. 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.

25.   PUD - Planned Unit Development District:

a.   This district shall allow the planned development of an area in which the proposed land uses, transportation elements, building densities, arrangements, types, architecture and other development standards are set out in a unified plan. A planned unit development may consist of mixed residential, commercial, office, industrial and public land uses.

B.   Overlay Districts:

1.   Floodplain Overlay Districts:

a.   The boundaries of these districts are indicated upon the official flood (overlay) zoning map of the City, supported by elevations and documentation contained in the West Des Moines Flood Insurance Study and the Jordan Creek Floodplain Study and further supported by the flood boundaries and encroachment lines as delineated on the Federal flood insurance rate map (FIRM), the flood boundary and floodway map (FLOODWAY), and plates 1 and 2 of the Jordan Creek Floodplain Study. All flood elevations, floodproofing elevations, requirements related to flood protection, shall be drawn from the official flood (overlay) zoning map and its supporting documents, that, together with all notations, references, and other material shown thereon, shall be as much a part of this title as if the notations, references and other matters set forth on said maps were all fully described herein, the originals of which are properly attested and on file in the Office of the City Clerk.

b.   Boundaries as indicated are based on elevation of the ground and elevation of the regulatory flood height through the reach affecting any given property. Reference or interpretation to any individual parcel(s) shall be made by scaling distances on the official flood (overlay) map. Where a parcel or parcels may be located on the boundary of a district or districts, and an exact determination shall be necessary as to inclusion or exclusion from any flood district, or floodproofing requirements, the petitioner requesting such interpretation shall supply to the building inspector, a certified topographical map of the property, prepared by a registered professional engineer, from which the building inspector may draw the proper determination. In the case of a question as to the actual district (overlay) boundaries, elevation shall act as the final resolution determinant.

c.   Elevations for minimum building height and floodproofing, as specified herein, shall always be drawn from the maps and supporting documents accompanying the official flood (overlay) map, except in the case of the General Floodplain (Overlay) District, where specific flood elevation information is not provided by the Federal Insurance Administration. In the case of the FP District, the building inspector may require the person seeking a permit to supply sufficient information allowing the City Engineer to reasonably ascertain the floodway and flood height affecting the parcel for which a permit is sought.

2.   Airport Hazard And Height (Overlay) Zones:

a.   The boundaries of these zones are indicated upon the official airport hazard and height (overlay) map of the City, supported by zone boundaries and elevations as delineated by the Federal Aviation Agency in conjunction with the authorities of the Des Moines International Airport. Boundaries as indicated are based upon datum provided in section 9-13-2 of this title. Elevations for maximum structural height shall be determined by the City inspector of buildings and shall meet all standards of height regulation as specified in chapter 13 of this title.

A.   Zoning of a property shall be in compliance with the adopted Comprehensive Plan of the City, and any specific standards and/or regulations identified in the subareas of the plan. In situations where the Comprehensive Plan and the zoning of a property differ or conflict, the Comprehensive Plan shall be the prevailing document. The zoning map, which is made a part of this title by reference, and all the notations, references and other matters shown thereon, shall be as much a part of this title as if the notations, references and other matters set forth by said plan were all fully described herein, the original of which is properly attested and is on file in the Office of the City Clerk.

B.   The zoning district boundaries are either lot lines, section lines, or the centerlines of streets and alleys, unless otherwise shown. Where the districts designated are bounded approximately by street, alley, or lot lines and are not dimensioned otherwise, the lot lines or the centerlines of streets and alleys shall be construed to be the boundary of the district. Where uncertainty of district boundaries still exists, the Plan and Zoning Commission shall, by written resolution, recommend the location of any district boundary to the City Council for its action and final decision. (Ord. 1190, 6-17-1996)