Zoneomics Logo
search icon

Windsor Heights City Zoning Code

CHAPTER 168

ZONING CODE - ZONING DISTRICT REGULATIONS

168.01 PURPOSE.

   This chapter presents the Zoning District Regulations. Zoning Districts are established in this Zoning Code to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.

168.02ESTABLISHMENT OF DISTRICTS.

   The following base districts and overlay districts are hereby established. Table 168-1 displays the purposes of these districts.
BASE ZONING DISTRICT      DISTRICT NAME
      R-1         Single-Family Residential District (Low-Density)
      R-2         Single-Family Residential District (Urban-Density)
      R-3         Urban Family Residential District
      R-4         Multiple-Family Residential District
      MH         Mobile Home Residential District
      O         Office/Limited Commercial District
      CC         Community Commercial District
      GC         General Commercial District
      UC         University Avenue Corridor Mixed Use District
      TC         Town Center District
      LI         Limited Industrial District
 
OVERLAY DISTRICT      DISTRICT NAME
      MU         Mixed Use District
      PUD         Planned Unit Development Overlay District
      F         Floodplain/Floodway Overlay District

168.03 APPLICATION OF DISTRICTS.

   A base district designation shall apply to each lot or site within the City and its planning jurisdiction. Each site must be in one base district. The Planned Unit Development and Floodplain/Floodway Overlay Districts may be applied to any lot or site or any portion thereof, in addition to any base district designation. The Mixed Use District may stand alone as a base district or act as an overlay district.

168.04 HIERARCHY.

   References in this Zoning Code to less intensive or more intensive districts shall be deemed to refer to those agricultural, residential, commercial, and industrial Base Zoning Districts established in Section 168.02, and shall represent a progression from the R-1 Single-Family Residential District as the least intensive to the LI Limited Industrial District as the most intensive. The Overlay Districts shall not be included in this reference.

168.05 DEVELOPMENT REGULATIONS.

   For each Zoning District: Purposes are set forth in Table 168-1; uses permitted are set forth in Table 168-2; and site development regulations are presented in Table 168-3. Supplemental regulations may affect specific land uses or development regulations in each zoning district. The applicable supplemental regulations are noted in Table 168-2.

168.06 ZONING MAP.

   1.   Adoption of Zoning Map. Boundaries of zoning districts established by this Zoning Code shall be shown on the Zoning Map maintained by the City Clerk. This map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of and concurrent with this Code. The Zoning Map shall be prominently displayed in the Council Chambers and/or an area accessible to the public at City Hall.
   2.   Changes to the Zoning Map. The Zoning Map may be changed from time to time by ordinance, following the procedure set forth by Chapter 177. Such changes shall be reflected on the Zoning Map. The City Administrator shall keep a complete record of all changes to the Zoning Map. 7

168.07 INTERPRETATION OF DISTRICT BOUNDARIES.

   The following rules shall apply in determining the boundaries of any zoning district shown on the Zoning Map.
   1.   Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.
   2.   Where district boundaries are indicated as within street or alley, railroad, or other identifiable rights-of-way, the centerline of such rights-of-way shall be deemed the district boundary.
   3.   Where a district boundary divides a property, the location of the boundary shall be determined by the use of the scale appearing on the Zoning Map.
   4.   The City Council shall determine any other uncertainty regarding district boundaries not covered in this section.

168.08 VACATION OF STREETS AND ALLEYS.

   Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former centerline.

Table 168-1 - Purposes of Zoning Districts

Symbol
Title
Purpose
Symbol
Title
Purpose
R-1
Single-Family Residential (Low-Density)
This district is intended to provide for low-density residential neighborhoods, characterized by single-family dwellings on relatively large lots with supporting community facilities and urban services. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.
R-2
Single-Family Residential (Urban Density)
This district is intended to provide for medium-density residential neighborhoods, characterized by single-family dwellings on moderately sized lots with supporting community facilities and urban services. Its regulations apply to established parts of Windsor Heights and to new areas which are developed to higher residential densities. Regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.
R-3
Urban Family Residential
This district is intended to provide for medium-density residential neighborhoods, characterized by single-family dwellings on small to moderately sized lots and low-density, multiple-family development. It provides special regulations to encourage innovative forms of housing development. It adapts to both established and newer neighborhoods, as well as transitional areas between single-family and multi-family neighborhoods. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.
R-4
Multiple-Family Residential
This district is intended to provide locations primarily for residential multiple-family housing, with supporting and appropriate community facilities. It also permits some nonresidential uses such as offices through a special permit procedure, to permit the development of mixed-use neighborhoods.
MH
Mobile Home Residential
This district recognizes that mobile home development, properly planned, can provide important opportunities for affordable housing. It provides opportunities for mobile home development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods.
O
Office/Limited Commercial
This district reserves appropriately located area for office and community-oriented commercial development and distinguishes these from other, more intensive commercial activities. The commercial and office uses permitted are compatible with nearby residential and civic areas. Development regulations are designed to ensure compatibility in size, scale, and landscaping with nearby residences.
CC
Community Commercial
This district is intended for commercial facilities which serve the needs of markets ranging from several neighborhoods to the overall region. While allowed commercial and office uses are generally compatible with nearby residential areas, traffic and operating characteristics may have more negative effects on residential neighborhoods than those permitted in the O District. CC Districts are appropriate at major intersections, at the junction of several neighborhoods, or at substantial commercial sub-centers.
GC
General Commercial
This district accommodates a variety of commercial uses, including auto-oriented uses, some of which have significant traffic or visual effects. These districts may include commercial uses which are oriented to services, including automotive services, rather than retail activities. These uses may create land use conflicts with adjacent residential areas, requiring provision of adequate buffering. This district is most appropriately located along major arterial streets or in areas that can be adequately buffered from surrounding residences.
UC
University Avenue Corridor Mixed Use
This district recognizes the mixed-use character of the University Avenue Corridor, which contains a combination of residential, commercial, and office uses. This corridor will include special aesthetic and sign design standards which will help enhance its character as Windsor Heights’ main street.
TC
Town Center District
This district is intended to provide appropriate development regulations to encourage the emergence of the 66th and University Avenue area as a town center for Windsor Heights. The regulations will recognize the mixed-use and civic character of the area, and will help to encourage the development of a pedestrian oriented district at the intersection.
LI
Limited Industrial
This district is intended to reserve sites appropriate for the location of industrial uses with relatively limited environmental effects. The district is designed to provide appropriate space and regulations to encourage good quality industrial development, while assuring that facilities are served with adequate parking and loading facilities.
Special and Overlay Districts: These districts may be applied to a parcel in combination with a Base Zoning District. Overlay Districts are intended to help the City manage development in areas that exhibit special characteristics or features that warrant a greater differentiation of standards. Special and Overlay Districts include:
Mixed Use District
Planned Unit Development District
Floodplain/Floodway District
Specific purposes and standards for each Overlay District are detailed in Chapter 169: Special and Overlay Districts.
 

Table 168-2 - Permitted Uses by Zoning District

Use Types
R-1
R-2
R-3
R-4
MH
O
CC
GC
UC
TC
LI
Additional Regulations
Use Types
R-1
R-2
R-3
R-4
MH
O
CC
GC
UC
TC
LI
Additional Regulations
Agricultural Uses:
Horticulture
C
C
Crop Production
Animal Production
Residential Uses:
Single-Family Detached
P
P
P
P
P
C
P
C
Single-Family Attached
C
P
P
P
P
C
P
C
Sec. 171.03
Duplex
C
P
P
C
P
Two-Family
C
C
P
P
P
Townhouse
P
P
C
C
P
Sec. 171.03
Multiple-Family
P
C
C
P
P
Downtown Residential
P
Sec. 171.03
Group Residential
C
P
C
Manufactured Housing Residential
P
P
P
P
P
C
Sec. 171.03
Mobile Home Park
C
Sec. 171.03
Retirement Residential
C
C
C
P
C
C
C
P
Civic Uses:
Administration
C
C
C
C
C
P
P
P
P
P
P
Cemetery
C
C
C
C
Clubs
C
C
C
C
C
C
P
P
P
P
Sec. 171.04(1)
College/University
C
C
C
C
C
C
P
P
C
C
Construction Sales/Service
P
P
P
Convalescent Service
C
C
C
C
P
P
C
Cultural Services
C
C
C
P
P
P
P
P
P
P
P
Day Care (Limited)
P
P
P
P
P
P
P
P
P
P
C
Sec. 171.04(2)
Day Care (General)
C
C
C
P
C
P
P
P
P
P
C
Sec. 171.04(2)
Detention Facilities
C
C
Elder Family Home
C
C
C
P
C
P
P
P
Sec. 171.04(3)
Elder Group Home
C
C
C
P
C
P
P
P
Sec. 171.04(3)
Emergency Residential
C
C
C
C
C
P
P
C
P
P
C
Family Home
C
C
C
P
C
C
C
C
Group Care Facility
C
C
P
C
P
P
P
P
P
C
Sec. 171.04(4)
Group Home
C
C
C
P
P
P
P
C
P
P
Sec. 171.04(4)
Guidance Services
C
P
P
P
P
P
P
Health Care
C
C
P
P
P
P
P
P
Hospitals
C
P
C
C
C
C
C
Maintenance Facility
P
P
Parks/Recreation
P
P
P
P
P
P
P
P
P
P
P
Postal Facilities
P
P
P
P
P
P
Primary Education
C
C
C
P
P
P
P
C
P
P
Public Assembly
P
C
P
P
P
Religious Assembly
C
C
C
P
P
P
P
P
P
P
Safety Services
C
C
C
P
P
P
P
P
P
P
P
Secondary Education
C
C
C
C
C
C
C
C
C
C
Utilities
C
C
C
C
C
C
P
P
P
P
P
Office Uses:
General Offices
C
P
P
P
P
P
Financial Services
C
P
P
P
P
P
Medical Offices
C
P
P
P
P
P
Commercial Uses:
Agricultural Sales/Service
C
P
P
Auto Rental/Sales
C
P
Sec. 171.05(3)
Auto Services
C
C
P
C
C
P
Sec. 171.05(1,2)
Body Repair
C
C
P
Sec. 171.05(1)
Equipment Rental/Sales
P
P
Sec. 171.05(3)
Equipment Repair
P
P
Sec. 171.05(1)
Bed and Breakfast
C
C
C
C
P
P
P
P
P
Sec. 171.05(4)
STVR
P
P
P
P
P
P
P
P
P
P
P
Business Support
P
P
P
P
P
P
Business/Trade School
C
P
P
P
P
P
Campground
C
Sec. 171.05(5)
Cocktail Lounge
P
P
C
C
C
Commercial Recreation (Limited)
C
P
P
P
P
P
Commercial Recreation (General)
C
P
C
P
Communication Service
P
P
P
P
P
P
Construction Sales/Service
P
P
Consumer Service
C
P
P
P
P
P
Convenience Storage
C
C
P
Sec. 171.05(6)
Delayed Deposit Services Business
C
Sec. 171.05(7)
Firework Sales
P
P
Food Sales (Convenience)
C
C
P
C
C
Food Sales (Limited)
C
P
P
P
P
Commercial Uses (cont.)
Food Sales (General)
P
P
C
C
Funeral Service
C
C
P
P
P
P
P
Gaming Facility
C
P
C
C
General Retail (Small-Scale)
C
P
P
P
P
General Retail (Large-Scale)
P
P
C
P
Kennels
C
P
Laundry Services
P
C
P
Liquor Sales
P
P
C
C
C
Lodging
C
P
P
C
C
Personal Improvement
C
P
P
P
P
P
P
Personal Services
C
P
P
P
P
P
P
Pet Services
P
P
P
P
P
Research Services
C
P
P
P
P
P
Restaurants (Drive-In)
P
P
C
C
Sec. 171.05(8)
Restaurants (General)
P
P
P
P
P
C
Sec. 171.05(8)
Restricted Businesses
Sec 177.05(9)
Stables
Surplus Sales
P
P
Trade Services
P
P
C
C
P
Vehicle Storage
C
P
Veterinary Services
C
P
P
P
P
P
Parking Uses:
Off-Street Parking
C
C
P
C
P
P
Parking Structure
C
C
C
P
P
P
Industrial Uses:
Custom Manufacturing
C
P
C
C
P
Light Industry
C
P
General Industry
C
Heavy Industry
Resource Extraction
Salvage Services
C
Vehicle Storage (Long-Term)
C
C
Warehousing
C
Construction Yards
C
Recycling Collection
C
P
P
Recycling Processing
C
Transportation Uses:
Aviation
Railroad Facilities
P
Truck Terminal
C
Transportation Terminal
P
P
C
C
P
Miscellaneous Uses:
Broadcasting Tower
C
C
C
Amateur Radio Tower
P
P
P
P
P
P
P
P
P
P
P
Sec. 172.03(2)
Construction Batch Plant
P
WECS
C
C
C
C
C
C
C
P
Landfill
(Non-Putrescible)
Landfill (Putrescible)
Alternative Energy Production Devices
C
C
C
C
C
C
C
P
 
Note: Provisions of Sections 171.07 through 171.10 apply to all uses.
P = Uses Permitted by Right
C = Uses Permitted by Conditional Use permit approval according to Sec. 177.03.
Blank = Use Not Permitted

Table 168-3 - Summary of Site Development Regulations

Regulator
R-1
R-2
R-3
R-4*
MH
Minimum Lot Area (square feet)
9,600
7,200
(Note 3)
(Note 5)
See
Section 171.03(6)
Minimum Lot Width (feet)
80
50
60 (Note 4)
(Notes 4,6)
Site Area per Housing Unit (square feet)
9,600
7,200
(Note 3)
(Note 7)
Minimum Yards (feet)
Front Yard
35
35
35
35
Street Side Yard
35
35
35
35
Interior Side Yard
8 (Note 1)
7 (Note 2)
7 (Note 2)
(Note 8)
Rear Yard
35
35
35
35
Maximum Height (feet)
Main Building
35
35
35
(Note 9)
Accessory Building
20*
20*
20*
20*
Maximum Building Coverage
35%
45%
50%
50%
Maximum Impervious Coverage
50%
(Note 12)
55%
(Note 12)
60%
(Note 12)
65%
(Note 12)
Floor Area Ratio
NA
NA
NA
NA
*Side walls cannot exceed 14 feet
 
Regulator
O
CC*
GC*
UC
(Note 11)
TC
(Note 11)
LI*
Minimum Lot Area (square feet)
5,000 (Note 10)
7,200
5,000
5,000
None
10,000
Minimum Lot Width (feet)
50
(Note 10)
60
50
50
20
50
Site Area per Housing Unit (square feet)
(Note 10)
(Note 7)
NA
(Note 7)
500
NA
Minimum Yards (feet)
Front Yard
25
25
15
25
0
25
Street Side Yard
15
25
15
25
0
10
Interior Side Yard
7
0
0
0
0
10
Rear Yard
25
20
15
10
0
10
Maximum Height (feet)
Main Building
45
60
60
45
45
45
Maximum Building Coverage
50%
60%
70%
60%
100%
70%
Maximum Impervious Coverage
70% (Note 12)
80% (Note 12)
90% (Note 12)
80% (Note 12)
100% (Note 12)
90% (Note 12)
Floor Area Ratio
0.50
0.50
1.00
1.00
2.00
1.00
 
*Uses in the R-4, LC, CC, GC and LI Districts are subject to landscape and screening provisions contained in Chapter 173.
Notes to Preceding Page (Table 168-3)
Note 1: Sum of side yards shall be 15 feet in R-1. Setbacks for nonresidential uses in R-1 shall be 40 feet on each side. See Section 171.03 for supplemental regulations governing single-family attached, zero lot line, and two-family residential use types.
Note 2: Sum of side yards shall be 15 feet in R-2 and R-3. Setbacks for nonresidential uses in R-2 and R-3 shall be 35 feet on each side. See Section 171.03 for supplemental regulations governing single-family attached, zero lot line, two-family, and townhouse residential use types.
Note 3: 7,200 square feet for single-family lots; 4,200 square feet per dwelling unit for two-, three-, or four-unit residential buildings.
Note 4: See Section 171.03 for supplemental regulations regarding modifications of lot width for townhouse residential use type.
Note 5: 7,200 square feet for single-family lots; 8,400 square feet per dwelling unit for two-unit residential buildings; 10,000 square feet for multi-family residential development.
Note 6: 60 feet for single-family of duplex residential, 80 feet for multi-family residential.
Note 7: 7,200 square feet for single-family lots; 4,200 square feet per dwelling unit for two-unit residential buildings; 1,000 additional square feet for each additional unit over four units. Density of multi-family residential may exceed this maximum, subject to approval of a Special Use Permit by the Board of Adjustment, with the recommendation of the Planning and Zoning Commission.
Note 8: Heights up to 30 feet: 10 foot minimum. Heights between 30 and 45 feet: 15 foot minimum; 30 foot sum of side yards.
Note 9: Heights over 45 feet permitted provided that each foot in height over 45 feet adds one foot to the minimum front, rear, and side yard setbacks.
Note 10: Same as R-4 for residential uses.
Note 11: The Planning Commission may establish different regulators for sites within the UC and TC Districts, based on the recommendations of the Comprehensive Plan or on specific redevelopment plans or projects within the districts.
Note 12: Maximum impervious restrictions apply not only to zoning districts, but also to uses outside of those districts consistent with the properties in the district. For example, a single-family residence located in a commercial district may still have only a maximum impervious coverage of 50% or 55%, based on lot size. Lot sizes consistent with an R-1 designation would be restricted to a maximum of 50% and lot sizes consistent with an R-2 District would be restricted to a maximum of 55%.
EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map described in Section 168.06 of this chapter and have not been codified herein, but have been specifically saved from repeal and are in full force and effect.
ORDINANCE NO.
DATE ADOPTED
ORDINANCE NO.
DATE ADOPTED
EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map described in Section 168.06 of this chapter and have not been codified herein, but have been specifically saved from repeal and are in full force and effect.
ORDINANCE NO.
DATE ADOPTED
ORDINANCE NO.
DATE ADOPTED
98-1
February 2, 1998
99-2
April 5, 1999
07-02
July 16, 2007
09-03
April 6, 2009
19-07
October 21, 2019
 
(Ch. 168 – Ord. 17-11 – Dec. 17 Supp.)