Page 38 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-3. USeS
Accessory Uses
occupation is located are prohibited. Examples of
such prohibited alterations include the addition
of commercial-like exterior lighting, the addition
of a separate building entrance that is visible
from abutting streets.
4. Signs for type 3 home occupations are limited to
one sign, no more than 8 feet in height and 12
square feet per sign face with no more than 2
sign faces.
5. No outdoor display of any material or
merchandise is allowed.
6. The use or storage of hazardous substances is
prohibited, except at the “consumer commodity”
level, as that term is defined in 49 C.F.R. Sec.
171.8.
7. The area devoted to the type 3 home occupation
use shall not exceed more than 50% the gross
floor area of the building or the gross floor area
of the ground story.
8. At least one individual engaged in the home
occupation must reside in the dwelling unit in
which the home occupation is located as their
primary place of residence.
9. A maximum of 1 nonresident employee per 250
square feet of gross floor area devoted to the
type 3 home occupation use is allowed. For the
purpose of this provision, the term “nonresident
employee” includes an employee, contractor,
business partner, co-owner or any other person
affiliated with the home occupation, who does
not live at the site, but who visits the site as part
of the home occupation.
10. Type 3 home occupations and all related
activities, including storage (other than the
lawful parking of passenger vehicles), must be
conducted entirely within the principal residential
building or an allowed accessory building.
11. Restaurant uses are limited to the hours of
7:00am and 10:00pm, local time. Outdoor B. Outdoor Display. The outdoor display of
eating may be approved in accordance with the
conditional use procedures of section 134-6.4
for buildings on corners and spaces not abutting
another residence.
12. Parking lots are allowed in rear yard with a
frontage buffer per section 135-5.9 and semi-
pervious paving. Parking lots are limited to no
more than 6 spaces.
3.9.5 OUtDOOr DiNiNG & DiSPlAY
A. Outdoor Dining. Tables and chairs for patrons of
134-3-22
DRAFT
eating and drinking places located outdoors and
directly adjacent to the structure containing the
associated use.
1. Outdoor dining may be located anywhere on the
lot.
2. within 30 feet of N district, a medium side and
rear buffer
3. Outdoor dining may be located on the sidewalk
of an adjacent right-of-way of a non-primary
street if all of the following requirements are
met:
a. A sidewalk permit per chapter 102 is
approved.
b. At least 5 feet of continuous sidewalk is
maintained clear and unobstructed for
passing pedestrians.
c. No permanent construction is
permitted within the right-of-way and all
appurtenances shall be removed during the
off-season.
d. A type 1 exception may be approved
for outdoor dining on a primary street,
where no non-primary street is available
adjacent to the business and the sidewalk
is wide enough to accommodate the above
requirements.
4. The maximum size of any outdoor dining shall
not exceed the gross floor area of the restaurant
interior.
5. In MX districts, outdoor dining may be a
temporary use on a lot without a principal
structure with a approval of a type 1 exception.
The exception shall be reviewed every year
by the community development director. The
outdoor dining shall utilize a temporary patio
on an MX lot, exempted from building type
regulations per 135-1.1.4.A.
merchandise or other items offered for sale.
1. Outdoor sales displays are permitted anywhere
on the lot, but shall not be closer to the right-of-
way line than the front building facade.
2. Outdoor sales are restricted to those items or
merchandise which are permitted in the district.
3. If associated with a principal use on a corner
lot, only a single frontage shall be utilized for
accessory outdoor display purposes.
4. Merchandise, displays, and other structures in
DRAFT AUgUST 3, 2017