Chapter 18.06
ZONES, MAPS, AND BOUNDARIES
Sections
18.06.010 Purpose of zones.
18.06.020 Names of zones.
18.06.030 Degree of restrictiveness.
18.06.040 Uncertainty of boundaries.
18.06.050 Property not zoned.
18.06.060 Classification of rights-of-way.
18.06.070 Lot area requirement symbol.
18.06.080 Limitation of land use.
18.06.010 Purpose of zones.
The basic purpose of this title is to classify uses and to regulate the location of such uses in such manner as to group as nearly as possible those uses which are mutually compatible, and to protect each such group of uses from the intrusion of incompatible uses which would damage the security and stability of land and improvements and which would also prevent the greatest practical convenience and service to the citizens of Des Moines. It is also recognized that intrusion of uses in one zone upon uses in another lighter zone may also result from effects reaching across boundary lines separating contiguous zones due to noise, smoke, equipment, open air activity, or other features. To further accomplish the goal of compatibility, varying degrees of regulations are established for certain uses in the commercial and business park zones when such uses are contiguous to lighter zones. A further purpose of this title is to make it possible for Des Moines to efficiently and economically design, install, and operate physical public service facilities in terms of type, size, and capacity, including streets, sewers, drains, schools and other public buildings, to adequately and permanently meet the ultimate requirements as determined by a defined intensity and type of land use; to require an orderly arrangement of essential related facilities with particular reference to the movement of people and goods, including the traffic pattern and well-located and well-designed off-street parking areas and, through the medium of the zoning map which is a part of this title, to establish the geographical location and boundaries of the zones to which the different zones will apply.
A further purpose of this title is to establish required minimum lot area, yards and open spaces as a means of providing a suitable environment for living, business and industry, and to maintain reasonable population densities and reasonable intensities of land use, all for the general purpose of conserving public health, safety, morals, convenience, and general welfare. [Ord. 1237 §§ 3, 4, 1999; Ord. 175 § 1(24.06.010), 1964.]
18.06.020 Names of zones.
To accomplish the purpose of this title, the following use zones are established and regulations are set forth therein defining the permissible uses, the height and bulk of buildings, the area of yards and other open spaces about buildings, and the density of population; such zones are known as follows:
(1) Residential Zones.
(a) Single-family residential zones:
(i) R-SR Residential: Suburban Residential;
(ii) R-SE Residential: Suburban Estate;
(iii) RS-15,000 Residential: Single-Family 15,000;
(iv) RS-9,600 Residential: Single-Family 9,600;
(v) RS-8,400 Residential: Single-Family 8,400;
(vi) RS-7,200 Residential: Single-Family 7,200;
(vii) RS-4,000 Residential: Single-Family 4,000;
(b) Multifamily residential zones:
(i) RA-3,600 Residential: Attached Townhouse and Duplex 3,600;
(ii) RM-2,400 Residential: Multifamily 2,400;
(iii) RM-1,800 Residential: Multifamily 1,800;
(iv) RM-900 Residential: Multifamily 900;
(v) RM-900A Residential: Multifamily 900A;
(vi) RM-900B Restricted Service Zone.
(2) Commercial Zones.
(a) N-C Neighborhood Commercial;
(b) B-C Business Commercial;
(c) C-C Community Commercial;
(d) D-C Downtown Commercial;
(e) C-G General Commercial;
(f) B-P Business Park;
(g) H-C Highway Commercial. [Ord. 1397 § 1, 2007: Ord. 1237 §§ 1, 3, 1999; Ord. 1197 § 23, 1997; Ord. 1170 § 2, 1996; Ord. 1140 § 3, 1995: Ord. 1104 § 15, 1994: Ord. 175 § 1(24.06.020 (part)), 1964.]
18.06.030 Degree of restrictiveness.
In the different major categories of zones established by this title, the residential zones are considered the most restrictive and other zones are less restrictive. Although the elements of required minimum lot areas and open spaces are involved in varying degrees in determining the position of uses in the scale of restrictiveness, the characteristics of uses as set forth in the various individual zones are the primary criteria. In the commercial zones the uses permitted actually determine the sequence of restrictiveness. To further distinguish the degree of restrictiveness in the various major categories of zones within which there is more than one zone, the sequence is as follows:
(1) In the residential zones, the zone that establishes the lowest population density and requires the highest standards of lot area, yards, and open spaces is considered to be the most restrictive, and the uses permitted in such zone are considered to be the lightest and most restricted. The single-family residential zones and the uses permitted therein are considered to be the lightest and most restrictive, and in this category there is a further distinction in terms of required minimum lot area and open spaces that establish a degree of less restrictiveness in the following sequence: R-SR, R-SE, RS-15,000, RS-9,600, RS-8,400, RS-7,200, and RS-4000, the numeral suffix referring to required minimum lot areas. As greater population density is permitted by zone, the uses permitted are considered to be heavier and less restrictive in the following sequence: RA-3,600, RM-2,400, RM-1,800, RM-900A, RM-900B, and RM-900. In the residential zones the numeral suffix refers to required lot area per dwelling unit.
(2) In the commercial zones the zone that establishes the most stringent performance standards is considered to be the lightest and most restrictive zone, and the uses permitted in such zone are considered to be the lightest and most restrictive commercial uses. In the commercial zones set forth in this title the N-C zone and the uses permitted therein are the lightest and most restricted, and the zones become heavier and less restrictive in the following sequence: B-C, C-C, D-C, C-G, B-P, and H-C. [Ord. 1397 § 2, 2007: Ord. 1237 §§ 4, 5, 1999: Ord. 1197 § 24, 1997; Ord. 1170 § 3, 1996; Ord. 1140 § 4, 1995: Ord. 175 § 1(24.06.030), 1964.]
18.06.040 Uncertainty of boundaries.
Where uncertainty exists as to the boundaries of any zone shown upon the zoning map or any part or unit thereof, the following rules shall apply:
(1) Where such boundaries are indicated as approximately following street or alley lines or lot lines, such lines shall be construed to be such boundaries;
(2) In the case of unsubdivided property, and where a zone boundary divides such property, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on the zoning map;
(3) Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the zone of the property to which it reverts;
(4) Where a lot subdivided and recorded subsequent to the zoning of the area in which it is located becomes so placed that it is unequally bisected longitudinally by the boundary lines of different zones, the zone boundary shall be considered as following the lot lines of the lot in such manner as to place the lot wholly in that zone which applies to the major portion of the lot;
(5) Where property abuts a lake, river, or body of water, the zone shall extend to the inner harbor line and where no harbor line exists, to a line which the army engineers would define as the line of navigability;
(6) Where a lot is equally bisected longitudinally by a zone boundary line, the total lot shall acquire the most restrictive zone and the highest area requirement of the two zones involved;
(7) Where a lot is bisected by the boundary line between two zones and such boundary line parallels or approximately parallels the street on which such lot fronts, the total area of such bisected lot shall acquire the same zone requirement as the front portion of the lot. This provision shall not apply to through lots. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.06.080), 1964.]
18.06.050 Property not zoned.
Any property which, for any reason other than the fact that it is a right-of-way of a street, alley, or railroad, is located within an adopted part of the zoning map but is not designated as being zoned shall be deemed to be zoned RS-15,000. [Ord. 1237 § 6, 1999: Ord. 175 § 1(24.06.090), 1964.]
18.06.060 Classification of rights-of-way.
Areas of streets or alleys and railroad rights-of-way, other than such as are designated on the zoning map as being classified in one of the zones provided in this title, shall be deemed to be unclassified and, in the case of streets, permitted to be used only for street purposes as defined by law, and in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, other operating devices, the movement of rolling stock, public utility lines, and facilities accessory to and used directly for the delivery, distribution, or rendering of services to bordering land uses. [Ord. 175 § 1(24.06.100), 1964.]
18.06.070 Lot area requirement symbol.
In the single-family residential zone where a number follows the indicated zone on the zoning map such number shall indicate which of the minimum lot area, yards, and open spaces required in the zone applies to the properties involved. [Ord. 1237 §§ 3, 4, 1999; Ord. 175 § 1(24.06.110), 1964.]
18.06.080 Limitation of land use.
Except as provided in this title, no building or structure shall be erected, reconstructed, or structurally altered, nor shall any building, structure, or land be used for any purpose except as specifically provided in this title and allowed in the zone in which such building, land, or use is located. [Ord. 175 § 1(24.06.120), 1964.]