Page 35 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-3. USeS

Accessory Uses

regulations regarding nonconforming uses, as set 2. ADUs located within out buildings must be in the
forth in section 134-7.3. rear yard.
D. Other regulations
134-3.9 Accessory Uses 1. Only one entrance to a house containing an

3.9.1 GeNerAllY APPlicABle reGUlAtiONS accessory dwelling unit may be located on a
façade that faces a street.
A. Accessory Uses Allowed. Accessory uses are
allowed only in connection with lawfully established 2. The floor area of an ADU may not exceed 50% of
principal uses. the floor area within the principal dwelling unit.
B. Allowed Uses. Allowed accessory uses are limited 3. One additional off-street parking space must be
to those expressly regulated in this section as well provided for any ADU that exceed 600 square
as those that, in the determination of the community feet in area.
development director, satisfy all of the following 3.9.3 DriVe-iN AND DriVe-tHrOUGH USeS
criteria:
1. They are customarily found in conjunction with A. Description. A use accessory to a principal use
that offers service directly to occupants of motor
the principal use of the subject property; vehicles. Such uses are typically associated with
2. They are subordinate and clearly incidental to restaurants, banks and pharmacies.
the principal use of the property; and B. Where Allowed. Drive-in and drive-through uses
3. They serve a necessary function for or contribute without a structure are permitted only in the MX3,
to the comfort, safety or convenience of CX, EX, and I1 districts.
occupants of the principal use. c. exceptions. Automatic teller machine kiosks and
c. time of construction and establishment. similar drop-off or pick-up facilities that do not
Accessory uses may be established only after the have on-site employees or amplified sound are not
principal use of the property is in place. classified as drive-in or drive-through facilities if they
D. location. Accessory uses must be located on the meet the criteria for classification as an accessory
same lot as the principal use to which they are use.
accessory, unless otherwise expressly stated. D. Structure. See the accessory structure regulations

e. Accessory Structures. See section 135-1.19 for of section 135-1.19.3.
regulations governing accessory structures. 3.9.4 HOMe OccUPAtiONS 3

3.9.2 AcceSSOrY DWelliNG UNitS 2 A. Description. Home occupations are jobs or
A. Where Allowed. Accessory dwelling units (ADUs) professions conducted wholly or partly from a
are permitted as of right in zoning districts that allow residential dwelling as an accessory use to an
2, 3, or 4 dwelling units or households on a single allowed household living use.
lot. B. Purpose. The home occupation regulations of this
B. Number Allowed section are intended to allow residents to engage
in customary home-based work activities, while also
1. No more than one ADU is permitted on a single helping to ensure that neighbors are not subjected
lot. to adverse operational and land use impacts (e.g.,
2. The total number of (principal and accessory) excessive noise or traffic or public safety hazards)
dwellings or households on the subject lot may that are not typical of residential neighborhoods.
not exceed the number of units or households c. type 1 Home Occupations. Type 1 home
allowed on the subject lot. occupations are those in which household
c. location residents use their home as a place of work, with
1. ADUs may be located within the principal no employees, customers or clients coming to the
dwelling unit (internal) or in a detached site. Typical examples include telecommuting office
accessory out building (see section 135-1.19 ). workers, writers, consultants, and artists.
3 Represents a complete update of existing home occupa-
2 Entirely new section. tion regulations.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-3-19