2012 Zoning Amendments
 

2012 Zoning Amendments

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Webster City's City Council approved major changes to the City's zoning code on December 10, 2012. The changes, which expand on the types of uses allowed in nearly every zone, are intended to assist ...

Webster City's City Council approved major changes to the City's zoning code on December 10, 2012. The changes, which expand on the types of uses allowed in nearly every zone, are intended to assist in spurring new investment, small business creation, and entrepreneurial development.

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2012 Zoning Amendments 2012 Zoning Amendments Document Transcript

  • ORDINANCE NO. 2012 - 1761 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEBSTER CITY, IOWA, 1996, BY AMENDING CHAPTERS 121, 122, AND 123, PERTAINING TO ZONING, AS IT RELATES TO DEFINITIONS, USES, AND NEW REQUIREMENTS FOR CERTAIN USES NECESSITATING A DEVELOPMENT AGREEMENT. BE IT ENACTED by the City Council of the City of Webster City, Iowa,as follows, to-wit: SECTION 1. NEW SECTION. The Code of Ordinances of the City ofWebster City, Iowa, 1996, is hereby amended by adding new definitions in Chapter 121,Section 121.02, numbered 98 through 105, which are hereby adopted to read as follows: 98. “Personal Services” means retail services that provide personal grooming including care of a person’s apparel. 99. “Co-Office Space” means the co-location of more than one business that office space where private offices are provided for each individual business, but common spaces such as mail/copying rooms, kitchenettes, conference rooms and reception areas are shared spaces. 100. “Mobile Office” means a business that provides customers access to use standard office equipment, including such things as computers, wireless services, fax machines, private mail boxes, teleconferencing, and photocopying for a fee. 101. “Tasting Room” means a type of eating and drinking establishment that has limited hours of operation and is used for purposes of tasting wine or other spirits made or sold on-site. Such establishments may also accommodate special events. 102. “Business and Technology Park” means a planned business development that features smaller office buildings, at a scale comparable to surrounding residential development, which are clustered in a park like setting. Such developments are low intensity opportunities to provide employment near housing and create transitions between residential development and more intense uses. 103. “Micro-brewery, micro-winery, and micro-distillery” means businesses that produce beer, wine and spirits on site in small batches to serve local and regional customers. 104. “Food products processing and preparation” is a type of business that produces small to medium sized quantities of food for retail or wholesale markets. Food is processed and/or prepared, and packaged as a ready-to-eat product or a 1
  • ready-to-cook product, which can include such items as cheese, candy, pre- portioned meals, and washed and/or cut fruits and vegetables. 105. “Food products manufacturing and distribution” is a type of business that produces and distributes large quantities of food and/or food additives that are primarily sold to wholesale markets. This includes manufacturers and distributors of baked goods, dried and/or canned goods, meats, spices, and like products. SECTION 2. NEW SECTION. The Code of Ordinances of the City ofWebster City, Iowa, 1996, is amended by adding an allowable use in Chapter 122,Section 122.02, number 12, which is hereby adopted to read as follows: 12. Vineyards and associated eating and drinking establishments. SECTION 3. NEW SECTION. The Code of Ordinances of the City ofWebster City, Iowa, 1996, is amended by adding an allowable use in Chapter 122,Section 122.03, number 12, which is hereby adopted to read as follows: 12. Planned business or technology parks characterized by low impact office, research, and technology uses clustered in smaller buildings surrounded by a greenbelt or park like setting may be permitted with an approved development agreement in accordance with Chapter 129 provided they have frontage on Beach Street, Ohio Street, Superior Street, or U.S. Highway 20. The following regulations will apply: A. Minimum lot area of 5 acres. B. Maximum building height of 35 feet. C. Front yards shall be a minimum of 35 feet. D. Side yards shall be a minimum of 20 feet. E. Rear yards shall be a minimum of 35 feet. SECTION 4. NEW SECTION. The Code of Ordinances of the City ofWebster City, Iowa, 1996, is amended by adding an allowable use in Chapter 122,Section 122.04, number 17, which is hereby adopted to read as follows: 17. Planned business or technology parks characterized by low impact office, research, and technology uses clustered in smaller buildings surrounded by a greenbelt or park like setting may be permitted with an approved development agreement in accordance with Chapter 129 provided they have frontage on Beach Street, Ohio Street, Superior Street, or U.S. Highway 20. The following regulations will apply: a. Minimum lot area of 5 acres. b. Maximum building height of 35 feet. c. Front yards shall be a minimum of 35 feet. d. Side yards shall be a minimum of 20 feet. 2
  • e. Rear yards shall be a minimum of 35 feet. SECTION 5. NEW SECTION. The Code of Ordinances of the City ofWebster City, Iowa, 1996, is amended by adding an allowable use in Chapter 122,Section 122.05, number 18, which is hereby adopted to read as follows: 18. Planned business or technology parks characterized by low impact office, research, and technology uses clustered in smaller buildings surrounded by a greenbelt or park like setting may be permitted with an approved development agreement in accordance with Chapter 129 provided they have frontage on Beach Street, Ohio Street, Superior Street, or U.S. Highway 20. The following regulations will apply: a. Minimum lot area of 5 acres. b. Maximum building height of 35 feet. c. Front yards shall be a minimum of 35 feet. d. Side yards shall be a minimum of 20 feet. e. Rear yards shall be a minimum of 35 feet. SECTION 6. SECTION MODIFIED. Chapter 122, Section .07, of the Code ofOrdinances of the City of Webster City, Iowa, 1996, is hereby repealed and the followingadopted in lieu thereof:122.07 C-2 (CENTRAL BUSINESS) DISTRICT. The regulations set forth in thissection, or as set forth in the Zoning Ordinance when referred to in this section, are theregulations in the “C-2” District. It is intended that this district is established toaccommodate retail outlets, wholesale outlets and service commercial establishments. Abuilding or premises in said district shall be used only for the following purposes: 1. Accessory building in conjunction with a principal use. 2. Antique shop. 3. Art or hobby shop. 4. Auction house. 5. Auto parts store. 6. Automatic car wash. 7. Automotive service station. 8. Automatic vending sales, including both indoor and outdoor. 3
  • 9. Bakery.10. Bank.11. Bookstore.12. Bus depot.13. Catering.14. Clothing or apparel store.15. Commercial conservatory, commercial greenhouse.16. Co-office space for uses permitted within this District.17. Department store.18. Drug store, pharmacy, vitamin store, health supplies.19. Eating or drinking establishments.20. Electrical equipment and appliance store.21. Essential services.22. Florist shop.23. Food products processing, preparation and packaging if in conjunction with wholesale or retail sales, including ready to go meals, make your own meals, dinners made easy, and local farm to market businesses. This does not include the rendering and refining of meats or food processing and manufacturing that is likely to produce excessive odor or create a nuisance.24. Furniture store and/or cleaning, de-mothing, upholstering, repairing, refinishing.25. Grocery store.26. Gymnasium, bowling alley, dance studio.27. Hardware store.28. Heating and air conditioning sales.29. Home occupation in conjunction with a principal use. 4
  • 30. Hotel/motel.31. Indoor recreation establishment.32. Jewelry store.33. Mail order store.34. Micro-brewery, micro-winery, micro-distillery, including tasting rooms.35. Mobile office, business incubator, internet café, wireless communication sales and service, computer sales and service.36. Mortuary, funeral home. (Ord. 92-1393)37. Multi-family residential uses, provided that such uses not be in the first, ground or basement floor of any structure.38. Music store.39. Municipal, County, Township, State or Federal buildings, except maintenance and storage buildings. (Ord. 93-1420)40. Newspaper shop.41. Office equipment store.42. Optical store.43. Parking lot.44. Personal services including barber shop, hair salon, day spa, dry cleaning, laundry, tailor/seamstress, shoe repair.45. Photographic and camera shop.46. Professional office.47. Residential and residential accessory structures in accordance with R-3 (Over 4 Unit Multiple-Family Dwelling) District regulations. (Ord. 91-1378)48. Retail pet shop.49. Televisions and radio studios.50. Theater. 5
  • 51. Wholesale establishment. 52. Any use that is interpreted by the Zoning Administrative Officer to be similar to those above. (Ordinance 2005-1640 – Jul. 05 Supp.) SECTION 7. SECTION MODIFIED. Chapter 122, Section .08, of the Code ofOrdinances of the City of Webster City, Iowa, 1996, is hereby repealed and the followingadopted in lieu thereof:122.08 C-3 (HIGHWAY BUSINESS) DISTRICT. The regulations set forth in thissection, or as set forth in the Zoning Ordinance when referred to in this section, are theregulations in the “C-3” District. The intent of the “C-3” District is to establish thelocation of areas best suited to the needs of highway related businesses whose primaryfunction is catering to traffic generated by the adjacent roadway. These uses arecharacterized by the need for larger lot sizes and the need to supply their own off streetparking. A building or premises in said district shall be used only for the followingpurposes: 1. Accessory building in conjunction with a principal use. 2. Adult entertainment business. (Ord. 95-1452) 3. Auditorium, exhibition hall, club. 4. Automobile service station and body shop. 5. Automobile, truck and implement sales and service. 6. Bowling alley. 7. Carpentry shop. 8. Car wash. 9. Church. 10. Commercial nursery, greenhouse, garden supply store. 11. Commercial recreation or amusement. 12. Custom car, truck or motorcycle design, manufacturing, assembly and sales, including aftermarket accessories provided the business is not engaged in retail sales of or storage of used, junk, scrap or salvaged parts. 6
  • 13. Dance studio. (Ord. 2005-1646 – Nov. 05 Supp.)14. Discount department store.15. Drive-in establishment.16. Drive-in theater.17. Dry cleaning and coin operated laundry.18. Eating or drinking establishment.19. Electric vehicle charging station or battery swapping station.20. Enameling and painting establishment.21. Essential services.22. Furniture and appliance store.23. General office space, including customer service center, call centers.24. Grocery store.25. Hay, grain, feed, seed retail.26. Home occupation in conjunction with a principal use.27. Hotel/motel.28. Light manufacturing and assembly that will not produce noise, odor, gas, smoke, dust, danger or tend to create a nuisance subject to approval of a development agreement in accordance with Chapter 129. The following rules will apply: a. Minimum lot area of 2 acres. b. Maximum building height of 35 feet. c. Front yards shall be a minimum of 35 feet. d. Side yards shall be a minimum of 25 feet. e. Rear yards shall be a minimum of 35 feet. f. No outdoor storage.29. Lumber and building materials store.30. Mobile home and recreational vehicle sales. 7
  • 31. Mortuary, funeral home. (Ord. 92-1398)32. Nursing home, home for the aged, assisted living.33. Parking lot.34. Pawn shop (licensed in compliance with Chapter 169) or rent-to-own store.35. Private club.36. Professional office.37. Residential and residential accessory structures in accordance with R-3 (Over 4 Unit Multiple Dwelling) District regulations. (Ord. 91-1378)38. Retail pet shop.39. Radio towers and radio broadcasting stations and/or commercial communication and transmission towers. (Ord. 97-1491)40. Sign painting or manufacture, including sales.41. Shopping centers, shopping mall.42. Veterinary and veterinary clinic.43. Wood working shop.44. Any use that is interpreted by the Zoning Administrative Officer to be similar to those above. (Ord. 2005-1640 – Jul. 05 Supp.)45. Any use allowed in a C-2 (Central Business) District (Ord. 92-1378)46. Special exception uses allowed by the Zoning Board of Adjustment as follows: a. Mini-storage or self-storage facility provided land is not conducive for commercial development due to its location and limited access to utilities. Said facility must be fenced or screened, must provide a dust control plan for gravel drives, and must install appropriate down cast lighting. (Ord. 2009-1703 – Sep.09 Supp.)47. Mixed use projects that contain residential structures in accordance with R-3 (Over 4 Unit Multiple Dwelling) District regulations in addition to one or more uses permitted by the C-3 (Highway Business) District regulations. 8
  • SECTION 8. SECTION MODIFIED. Chapter 122, Section .09, of the Code ofOrdinances of the City of Webster City, Iowa, 1996, is hereby repealed and the followingadopted in lieu thereof:122.09 M-1 (LIGHT INDUSTRIAL) DISTRICT. The regulations set forth in thissection, or set for in the Zoning Ordinance when referred to in this section, are theregulations of the “M-1” District. This district is established to accommodate businessesand industrial uses which do not create excessive noise, smell, dust or similar problems,but demand truck traffic, use extensive outdoor storage, use extensive warehousing orother similar characteristics which make them incompatible uses in the foregoingdistricts. A building or premises shall be used only for the following purposes: 1. Accessory building in conjunction with a principal use. 2. Assembly plant. 3. Automobile repair, including body shop. 4. Baggage, transfer, storage warehouse, mini-storage or self-storage facility. (Ord. 2005 – 1640 – Jul. 05 Supp.) 5. Call center, customer service center (no walk-in customers). 6. Cellophane products manufacturing. 7. Commercial recreation and amusement in conjunction with an allowed principal use. 8. Concrete central mixing and proportioning plant. 9. Contractor’s equipment – rental, sales and storage. 10. Dairy products processing. 11. Data center, server farm, digital records storage facility. 12. Essential services. 13. Extraction of sand, gravel and other raw materials, rock crushing and gravel washing. 14. Feed manufacturing, processing and wholesaling. 15. Food products manufacturing and distribution, except that the manufacturing of fish and meat products, sauerkraut, vinegar, yeast, 9
  • and the rendering of refining of fats and oils may only be allowed upon approval of a development agreement as set forth in Chapter 129.16. General manufacturing, except that this industries which without adequate development conditions and mitigation might tend to produce excessive noise, odor, gas, smoke, dust, danger or tend to create a nuisance may only be allowed upon approval of a development agreement as set forth in Chapter 129.17. Home occupation in conjunction with a principal use.18. Iron works, ornamental [no foundry, drop hammer or no punch press over seventy-five (75) tons capacity].19. Leather products manufacturing – Previously prepared leather with no leather making.20. Living quarters used by custodians or watchmen.21. Paper products manufacturing – Previously prepared paper, with no paper making.22. Parking lots.23. Pharmaceutical drug manufacturing.24. Plastics products manufacturing – Previously prepared plastic, with no plastic manufacturing.25. Research labs, biotechnology, testing facilities.26. Sheet metal shop.27. Soft drink manufacturing or bottling.28. Temporary buildings for uses incidental to construction work, which building shall be removed upon the completion or abandonment of the construction work.29. Textile products manufacturing.30. Tire recapping, retreading or rebuilding.31. Tool manufacturing – No drop hammer or no punch press over seventy-five (75) tons. 10
  • 32. Truck terminal. 33. Warehousing or wholesaling establishment. 34. Wastewater Treatment Plant. (Ord. 2005-1640 – Jun. 05 Supp.) 35. Water Plant. (Ord. 2005-1640 – Jun. 05 Supp.) 36. Welding shop. 37. Wood products manufacturing. 38. Any use that is interpreted by the Zoning Administrative Officer to be similar to those above. 39. Special exception uses allowed by the Board of Adjustment as follows: A. Extraction of top soil, gravel, sand or other natural resources except that in any such operation there shall be a restoration plan filed with the City containing the following: (1) an agreement with the City whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the City; (2) a physical restoration plan showing the proposed contours after restoration, plantings and other such features for the restoration and the method by which such restoration is to be accomplished; and (3) a bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the City Attorney in an amount sufficient to secure the performance of the restoration agreement. B. Radio towers or radio broadcasting stations. 40. The following uses permitted in a C-3 (Highway Business) District are allowed in an M-1 (Light Industrial) District: lumber yards, essential service buildings, farm machinery sales, nursery, auto sales, bowling alley, fraternal lodge, and eating and drinking establishments. (Ord. 2008-1679 – Jun. 08 Supp.) SECTION 9. NEW SECTION. The Code of Ordinances of the City ofWebster City, Iowa, 1996, is amended by adding new requirements in Chapter 123,Section 123.06, lettered m, n, and o, and reflecting said additions in the Table of GeneralRequirements, which are hereby adopted to read as follows:123.06 TABLE OF GENERAL REQUIREMENTS. The following table gives theheight, yard, lot width and area requirements generally, based on the assumption that saidlot is served by public water and sewer. When public water and sewer are not available, 11
  • minimum lot size shall be 20,000 square feet EXCEPT in an R-5 (Suburban Residential)District which requires lot area to be established by the County Sanitarian, but in no caseless than 60,000 square feet. Maximum Minimum Yard Minimum Lot Minimum Lot Area Height of Requirements Width Per Dwelling Unit Building in feet (b)(m)(n)(o) In feet in square feet ZONING (a)(m)(n)(o) DISTRICT Over Building Street Two Stories Feet Front Rear Side Line Line One Two (each) G-1 Greenbelt 2 35 50(h) 50 20 100 40 N/A N/A N/A A-1 Agricultural 2 35 50(h) 50 20 100 40 20,000 23,000 N/A R-1 Single Family 2 35 25(h)(l) 25 (c) 60 40 6,000 7,500 N/A R-2 Multiple Family 2½ 35 20(h)(l) 25 (c) 60 40 6,000 6,500 1,500(f) R-3 Over 4 Unit 3 35 20(h)(l) 25 (c) 60 40 6,000 6,500 1,250(g) Multiple R-4 Mobile Home 3 35 35 35 35 200 40 43,560 N/A N/A Park R-5 Suburban 2½ 35 50 50 10 100 40 60,000** N/A N/A Residential C-2 Central Business 4 50 (h) (d) (d) 20 20 N/A N/A N/A C-3 Highway 3 35 20(h) 25 (d) 20 20 N/A N/A N/A Business M-1 Light Industrial 4 50 30(h) 40(i) 0(j) 20 20 N/A N/A N/A M-2 Heavy Industrial 4 50 30(h) 40(i) 0(k) 20 20 N/A N/A N/A **See 122.06A[4.A.(2)] ___________________________________________________ m. These regulations do not apply in the case of business and technology parks allowed in an “R-1”, “R-2”, “R-3” District per Chapter 129 requiring a development agreement. In such cases the following regulations will apply: A. Minimum lot area of 217,800 square feet. B. Maximum building height of 35 feet. C. Front yards shall be a minimum of 35 feet. D. Side yards shall be a minimum of 20 feet. E. Rear yards shall be a minimum of 35 feet. n. These regulations do not apply to light manufacturing and assembly allowed in the “C-3” District per Chapter 129 requiring a development agreement. In such cases the following rules will apply: A. Minimum lot area of 2 acres. B. Maximum building height of 35 feet. C. Front yards shall be a minimum of 35 feet. D. Side yards shall be a minimum of 25 feet. E. Rear yards shall be a minimum of 35 feet. o. These general regulations may be reduced in the case of vineyards and related eating and drinking establishments in the A-1 District. In such cases a 12
  • development agreement in accordance with Chapter 129 shall establish setbacks, building heights, lot width, and minimum lot area while taking into account location, topography, adjacent uses, net buildable area, and natural habitat. However, no requirement shall be reduced by greater than 25%. SECTION 10. REPEALER. All ordinances or parts of ordinances in conflictwith the provisions of this ordinance are hereby repealed. SECTION 11. SEVERABILITY CLAUSE. If any section, provision or part ofthis ordinance shall be adjudged invalid or unconstitutional, such adjudication shall notaffect the validity of the ordinance as a whole or any section, provision, or part thereofnot adjudged invalid or unconstitutional. SECTION 12. WHEN EFFECTIVE. This ordinance shall be in effect fromand after its final passage, approval and publication as provided by law. Passed and adopted this 10th day of December, 2012. CITY OF WEBSTER CITY, IOWA ______________________________ Janet Adams, MayorATTEST:________________________________Karyl K. Bonjour, City Clerk 13