HomeMy WebLinkAboutCouncil Packet - 10/17/2011Lestlf_usck.4c/04. \
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THE CITY COUNCIL OF THE CITY OF WATERLOO, *2" l'67 (laM)
IOWA, REGULAR SESSION TO BE HELD AT THE ( a�- ya-7g66(3)
CITY HALL COUNCIL CHAMBERS, 5:30 P.M. 1. r
MONDAY, OCTOBER 17, 2011
CITY OF WATERLOO
GOALS
1. Support economic development efforts that attract, retain and create quality jobs
resulting in a diverse economic base and increased population.
2. Continue to support implementation of the Downtown Master Plan.
3. Facilitate and promote the development of housing options to meet the needs of current
and future Waterloo citizens.
4. Develop a customer -centered service delivery approach.
5. Seek additional opportunities to share services and resources with other government
entities.
6. Collaborate with statewide elected officials to reduce the burden on local property
taxes.
7. Address the changing public workforce needs in Waterloo.
8. Enhance and protect a diverse, family-oriented community where neighborhoods are
safe and well maintained.
9. Enhance the quality of place opportunities for the citizens of our community.
General Rules for Public Participation
1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's
(usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your
opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a
maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed
on a future agenda or referred to the appropriate department.
2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium,
and after recognition by the chair/ presider, state your name, address and group affiliation (if appropriate)
and speak clearly into the microphone.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes
to address the council, using the same participation guidelines found in these "general rules".
4. You may speak one (1) time per item for a maximum of three (3) minutes.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323.
7. Citizens are encouraged to register with the CIerk's Office by 5:00 p.m. on Monday of the day of the City
Council meeting to appear before the City Council (may also register by phone). Registered speakers will be
given first priority.
Roll Call.
Moment of Silence.
Pledge of Allegiance: Mark Rice, Public Works Director.
October 17, 2011
Agenda, as proposed or amended.
Minutes of October 10, 2011, Regular Session, as proposed.
Proclamation declaring October 22 - 30, 2011 as Red Ribbon Week.
Proclamation declaring October 16 - 22, 2011 as Character Counts Week.
Page 2
1. Consent Agenda: (The following items will be acted upon by voice vote on a single
motion without separate discussion, unless someone from the council or public
requests that a specific item be considered separately.)
a.
solution to approve the following:
1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the
City Clerk.
2. Request of Five Star Snow Trails Association to approve an application with
7Iowa Department of Transportation to place signs within State Highway right of
a\ way to allow the Five Star Snow Trails Association to place snowmobile signs on
city right-of-way.
3. Request of David Plum for a concrete driveway to be located at 527 Belle Street,
\O'00 together with recommendation of approval of City Engineer.
Submitted by Eric Thorson, P.E., City Engineer
4. Request of Jake Sego for a concrete driveway to be located at Parcel No. 8313-
21-283-011 generally located on a lot South of 402 Galloway Court, together
/ �0\ with recommendation of approval of City Engineer.
V
Submitted by Eric Thorson, P.E., City Engineer
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title of
Personnel
Class/ Meeting
Destination
Date(s)
Amount not
to Exceed
Officer Gergen
Defensive
Tactics
Instructor
Recertification
Johnston,
Iowa
November
29, 2011
$160.00
Officer Pohl
ICAC
Advanced
Windows
Forensics
Ankeny,
Iowa
October
25-28,
2011
$655.00
October 17, 2011
Page 3
3. Recommendation of appointment of Nathan Alderman to the position of
Maintenance Electrician, effective October 24, 2011.
Submitted by Sandie Greco, Traffic Operations Superintendent
Class C Liquor License Permit Application
4. New World Lounge II, 504 Riehl Street (Renewal) (Expires 9/ 14/ 12) (Includes
Sunday Sales)
5. Bonds
PUBLIC HEARINGS
2. Purchase of 2012 Sullair 425 Air Compressor
Motion to receive and file proof of publication of notice of public hearing
OLD HEARING—No objections on file
Motion to close hearing and receive and file oral and written comments.
0? -Resolution confirming approval of specifications, bid,document, etc.
1 j Resolution authorizing to proceed.
✓'"� Motion to receive and file and instruct City Clerk to open and read bids
and refer to Leisure Services Director for review.'
Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager
RESOLUTIONS
Resolution approving modifications to Cedar River Boat House fees and
policies.
Submitted by Pau/ Huting, Leisure Services Director
4. Resolution approving request by MDKJ Investments, LLC for an
Encroachment Agreement to allow for frost footings for a proposed
y building at 186 West 15th ' Street to encroach 2 feet into the platted
public alley adjacent to Lot 10 in Block 10 of Hayes' Addition; and
authorize Mayor and City Clerk to execute said document.
Submitted by Noe/Anderson, Community Planning & Development Director
5. Resolution approving Professional Services Agreement with AECOM in an
X6) amount not to exceed $49,000.00 for hydraulic study related services for
Dry Run Creek Floodplain Study; and authorize Mayor to execute said
document.
Submitted by Jamie Knutson, P.E., Associate Engineer
October 17, 2011
Page 4
6. ' esolution approving Letter of Support for the Black Hawk County
Watershed Management Authority proposal; and authorize Mayor to
execute said document.
Submitted by Wayne Castle, PLS, El, Associate Engineer
7. Resolution approving and accepting certain acquisition contracts and
ertain deeds to sell real property to the City of Waterloo for the partial
acquisition of right-of-way, permanent easements and temporary
easements in conjunction with the West Shaulis Road/Ansborough Avenue
reconstruction project from Darron P. and Dottie L. Cutler in the amount
of $33, 795.75; and authorize Mayor and City Clerk to execute said
documents.
Submitted by Noe/Anderson, Community Planning & Development Director
8. Resolution approving recommendation of award of contract in the amount
of $49,480.00 to Advanced Environmental Testing and Abatement, Inc. of
6,0 Waterloo, Iowa in conjunction with Asbestos Abatement Services Group 2
in connection with Public Assistance (PA) demolition activities of the
Hazard Mitigation Grant Program (HMGP) Property Acquisition Project.
Submitted by Aric Schroeder, City Planner
9. Resolution approving the preparation and execution of a Quit Clam Deed
to Lee Publications, Inc. dba Waterloo -Cedar Falls Courier for a small 5
4 foot strip of land generally located within the 500 block of Commercial
/v5
Street; and authorize Mayor and City Clerk to execute any necessary
documents.
Submitted by Noel Anderson, Community Planning & Development Director
ORDINANCES
10. Adoption of the City of Waterloo Zoning Ordinance, which updates and
replaces the existing City of Waterloo Zoning Ordinance No. 2479
adopted on February 3, 1969 and includes text and an official zoning
map
Motion to receive, file, consider and pass for the second time an
Ordinance adopting the City of Waterloo Zoning Ordinance, which
updates and replaces the existing City of Waterloo Zoning Ordinance
No. 2479 adopted on February 3, 1969
Motion suspending the rules.
Motion to consider and pass for the third time and adopt ordinance and
allowrenumbering of parts, sections, paragraphs, and lists of said
ordinance as needed.
Submitted by Aric Schroeder, City Planner
October 17, 2011
Page 5
11. Amendment to City Code of Ordinance, Title 3 Business and License
Regulations, Chapter 2 Liquor Control
Motion to receive, file, consider and pass for the second time an
Ordinance amending the City Code of Ordinance, Title 3 Business and
License Regulations, Chapter 2 Liquor Control
Motion suspending the rules.
Motion to consider and pass for the third time and adopt ordinance.
Submitted byAric Schroeder, City Planner
12. Changes to Hotel/Motel Tax Ordinance
Motion to receive, file, consider and pass for the first time an Ordinance
approving changes to 1-8A-7: Local Transient Guest Tax Fund,
Section D
Motion suspending the rules.
Motion to consider and pass for the second and third time and adopt
ordinance.
Submitted by Mayor Buck Clark
13. Ordinance Change - No Parking Here To Corner on the South Side of the
1600 Block of Golden Valley Drive
Motion to receive, file, consider and pass for the first time an Ordinance
amending the 2008 Traffic Code by Adding a New Subsection (47a)
Golden Valley Drive to Section 553, No Parking Here to Corner
=Motion suspending the rules.
Motion' to consider and pass for the second and third time and adopt
iordinance.
Submitted by Sandie Greco, Traffic Operations Superintendent
OTHER COUNCIL BUSINESS
14. Purchase of One (1) 2012 Automated Side -Loader Garbage Truck
Motion to instruct Public Works Director to prepare specifications, bid
r document, etc.
/
I1P----
Motion to receive and file specifications, bid document, etc.
Resolution preliminarily approving specifications, bid document, etc.
Resolutionseingdateofhearingandbidopeningoveer72011; and instruct City Clerk to publish notice of specifications, bid document,
etc. and taking of bids.
Submitted by Mark Rice, Public Works Director
ORAL PRESENTATIONS
Motion to receive and file oral comments.
October 17, 2011
ADJOURNMENT
Motion to adjourn.
Page 6
Suzy Schares
City Clerk
MEETINGS
Monday, October 17, 2011
4:35 p.m. - Council Work Session, Council Chambers
4:55 p.m. Public Works Committee, Council Chambers
5:00 p.m. - Finance Committee, Council Chambers
PUBLIC INFORMATION
1. Waterloo Public Library meeting minutes of September 19, 2011 on file in the City
Clerk's office.
2. Civil Service Commission meeting minutes of June 9, 2011 on file in the City
Clerk's office.
3. Board of Waterloo Water Works Trustees meeting minutes of September 28, 2001
on file in the City Clerk's office.
CONTRACT PAYMENT SCHEDULE
1. Cedar River Water Trail between Park Ave Dam & 6th Street, Contract No. 734
Pay estimate No. 10 to AECOM in the total amount due of $6, 050.00
2. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763
Pay estimate No. 31 to Peterson Contractors in the total amount due of
$262,182.19
3. F. Y. 2011 River Renaissance North Downtown Trail, Contract No. 786
Pay estimate No. 12 to Vieth Construction Company in the total amount due of
$26,498.97
4. F. Y. 2011 Asphalt Overlay Program, Contract No. 796
Pay estimate No. 11 to Aspro in the total amount due of $462,440.73
5. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801
Pay estimate No. 10 to Peterson Contractors Inc. in the total amount due of
$59, 446.25
October 17, 2011 Page 7
6. Drq Run Creek Arch Storm Water Manhole & Value Replacements
Payment to AECOM in the total amount due of $10,574.28
7. Waterloo Local Flood Protection Project
Payment to AECOM in the total amount due of $1,246.66
8. Storm Sewer Lift Station & Wetland Delineation
Payment to Stanley Consultants Inc. in the total amount due of $85,275.66
THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, REGULAR SESSION TO BE HELD AT THE
CITY HALL COUNCIL CHAMBERS, 5:30 P.M.
MONDAY, OCTOBER 17, 2011
CITY OF WATERLOO
GOALS
1. Support economic development efforts that attract, retain and create quality jobs
resulting in a diverse economic base and increased population.
2. Continue to support implementation of the Downtown Master Plan.
3. Facilitate and promote the development of housing options to meet the needs of current
and future Waterloo citizens.
4. Develop a customer -centered service delivery approach.
5. Seek additional opportunities to share services and resources with other government
entities.
6. Collaborate with statewide elected officials to reduce the burden on local property
taxes.
7. Address the changing public workforce needs in Waterloo.
8. Enhance and protect a diverse, family-oriented community where neighborhoods are
safe and well maintained.
9. Enhance the quality of place opportunities for the citizens of our community.
General Rules for Public Participation
1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's
(usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your
opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a
maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed
on a future agenda or referred to the appropriate department.
2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium,
and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate)
and speak clearly into the microphone.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes
to address the council, using the same participation guidelines found in these general rules".
4. You may speak one (1) time per item for a maximum of three (3) minutes.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City
Council meeting to appear before the City Council (may also register by phone). Registered speakers will be
given first priority.
Roll Call.
Moment of Silence.
Pledge of Allegiance: Mark Rice, Public Works Director.
October 17, 2011
Agenda, as proposed or amended.
Minutes of October 10, 2011, Regular Session, as proposed.
Proclamation declaring October 22 - 30, 2011 as Red Ribbon Week.
Proclamation declaring October 16 - 22, 2011 as Character Counts Week.
Page 2
1. Consent Agenda: (The following items will be acted upon by voice vote on a single
motion without separate discussion, unless someone from the council or public
requests that a specific item be considered separately.)
a. Resolution to approve the following:
1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the
City Clerk.
2. Request of Five Star Snow Trails Association to approve an application with
Iowa Department of Transportation to place signs within State Highway right of
way to allow the Five Star Snow Trails Association to place snowmobile signs on
city right-of-way.
3. Request of David Plum for a concrete driveway to be located at 527 Belle Street,
together with recommendation of approval of City Engineer.
Submitted by Eric Thorson, P.E., City Engineer
4. Request of Jake Sego for a concrete driveway to be located at Parcel No. 8313-
21-283-011 generally located on a lot South of 402 Galloway Court, together
with recommendation of approval of City Engineer.
Submitted by Eric Thorson, P.E., City Engineer
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title of
Personnel
Class/ Meeting
Destination
Date(s)
Amount not
to Exceed
Officer Gergen
Defensive
Tactics
Instructor
Recertification
Johnston,
Iowa
November
29, 2011
$160.00
Officer Pohl
ICAC
Advanced
Windows
Forensics
Ankeny,
Iowa
October
25-28,
2011
$655.00
October 17, 2011 Page 3
3. Recommendation of appointment of Nathan Alderman to the position of
Maintenance Electrician, effective October 24, 2011.
Submitted by Sandie Greco, Traffic Operations Superintendent
Class C Liquor License Permit Application
4. New World Lounge 11,, 504 Riehl Street (Renewal) (Expires 9/ 14/ 12) (Includes
Sunday Sales)
5. Bonds
PUBLIC HEARINGS
2. Purchase of 2012 Sultair 425 Air Compressor
Motion to receive and file proof of publication of notice of public hearing
HOLD HEARING—No objections on file
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, bid document, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to open and read bids
and refer to Leisure Services Director for review.
Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager
RESOLUTIONS
3. Resolution approving modifications to Cedar River Boat House fees and
policies.
Submitted by Paul fluting, Le/sure Services Director
4. Resolution approving request by MDKJ Investments, LLC for an
Encroachment Agreement to allow for frost footings for a proposed
building at 186 West 15th Street to encroach 2 feet into the platted
public alley adjacent to Lot 10 in Block 10 of Hayes' Addition; and
authorize Mayor and City Clerk to execute said document.
Submitted by Noel Anderson, Community Planning & Development Director
5. Resolution approving Professional Services Agreement with AECOM in an
amount not to exceed $49,000.00 for hydraulic study related services for
Dry Run Creek Floodplain Study; and authorize Mayor to execute said
document.
Submitted by Jamie Knutson, P.E., Associate Engineer
October 17, 2011 Page 4
6. Resolution approving Letter of Support for the Black Hawk County
Watershed Management Authority proposal; and authorize Mayor to
execute said document.
Submitted by Wayne Castle, PLS, El, Associate Engineer
7. Resolution approving and accepting certain acquisition contracts and
certain deeds to sell real property to the City of Waterloo for the partial
acquisition of right-of-way, permanent easements and temporary
easements in conjunction with the West Shaulis Road/Ansborough Avenue
reconstruction project from Darron P. and Dottie L. Cutler in the amount
of $33,795.75; and authorize Mayor and City Clerk to execute said
documents.
Submitted by Noel Anderson, Community Planning & Development Director
8. Resolution approving recommendation of award of contract in the amount
of $49,480.00 to Advanced Environmental Testing and Abatement, Inc. of
Waterloo, Iowa in conjunction with Asbestos Abatement Services Group 2
in connection with Public Assistance (PA) demolition activities of the
Hazard Mitigation Grant Program (HMGP) Property Acquisition Project.
Submitted by Aric Schroeder, City Planner
9. Resolution approving the preparation and execution of a Quit Clam Deed
to Lee Publications, Inc. dba Waterloo -Cedar Falls Courier for a small 5
foot strip of land generally located within the 500 block of Commercial
Street; and authorize Mayor and City Clerk to execute any necessary
documents.
Submitted by Noel Anderson, Community Planning & Development Director
ORDINANCES
10. Adoption of the City of Waterloo Zoning Ordinance, which updates and
replaces the existing City of Waterloo Zoning Ordinance No. 2479
adopted on February 3, 1969 and includes text and an official zoning
map
Motion to receive, file, consider and pass for the second time an
Ordinance adopting the City of Waterloo Zoning Ordinance, which
updates and replaces the existing City of Waterloo Zoning Ordinance
No. 2479 adopted on February 3, 1969
Motion suspending the rules.
Motion to consider and pass for the third time and adopt ordinance and
allowrenumbering of parts, sections, paragraphs, and lists of said
ordinance as needed.
Submitted by Ark Schroeder, City Planner
October 17, 2011 Page 5
11. Amendment to City/ Code of Ordinance, Title 3 Business and License
Regulations, Chapter 2 Liquor Control
Motion to receive, file, consider and pass for the second time an
Ordinance amending the City Code of Ordinance, Title 3 Business and
License Regulations, Chapter 2 Liquor Control
Motion suspending the rules.
Motion to consider and pass for the third time and adopt ordinance.
Submitted by Aric Schroeder, City Planner
12. Changes to Hotel/Motel Tax Ordinance
Motion to receive, file, consider and pass for the first time an Ordinance
approving changes to 1-8A-7: Local Transient Guest Tax Fund,
Section D
Motion suspending the rules.
Motion to consider and pass for the second and third time and adopt
ordinance.
Submitted by Mayor Buck Clark
13. Ordinance Change - No Parking Here To Corner on the South Side of the
1600 Block of Golden Valley Drive
Motion to receive, file, consider and pass for the first time an Ordinance
amending the 2008 Traffic Code by Adding a New Subsection (47a)
Golden Valley Drive to Section 553, No Parking Here to Corner
Motion suspending the rules.
Motion to consider and pass for the second and third time and adopt
ordinance.
Submitted by Sandie Greco, Traffic Operations Superintendent
OTHER COUNCIL BUSINESS
14. Purchase of One (1) 2012 Automated Side -Loader Garbage Truck
Motion to instruct Public Works Director to prepare specifications, bid
document, etc.
Motion to receive and file specifications, bid document, etc.
Resolution preliminarily approving specifications, bid document, etc.
Resolution setting date of hearing and bid opening as November 7, 2011;
and instruct City Clerk to publish notice of specifications, bid document,
etc. and taking of bids.
Submitted by Mark Rice, Public Works Director
ORAL PRESENTATIONS
Motion to receive and file oral comments.
October 17, 2011
ADJOURNMENT
Motion to adjourn.
Page 6
Suzy Schares
City Clerk
MEETINGS
Monday, October 17, 2011
4:35 p. m. - Council Work Session, Council Chambers
4:55 p.m. - Public Works Committee, Council Chambers
5:00 p.m. - Finance Committee, Council Chambers
PUBLIC INFORMATION
1. Waterloo Public Library meeting minutes of September 19, 2011 on file in the City
Clerk's office.
2. Civil Service Commission meeting minutes of June 9, 2011 on file in the City
Clerk's office.
3. Board of Waterloo Water Works Trustees meeting minutes of September 28, 2001
on file in the City Clerk's office.
CONTRACT PAYMENT SCHEDULE
1. Cedar River Water Trail between Park Ave Dam & 6th Street, Contract No. 734
Pay estimate No. 10 to AECOM in the total amount due of $6, 050.00
2. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763
Pay estimate No. 31 to Peterson Contractors in the total amount due of
$262,182.19
3. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786
Pay estimate No. 12 to Vieth Construction Company in the total amount due of
$26,498.97
4. F.Y. 2011 Asphalt Overlay Program, Contract No. 796
Pay estimate No. 11 to Aspro in the total amount due of $462,440.73
5. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801
Pay estimate No. 10 to Peterson Contractors Inc. in the total amount due of
$59,446.25
October 17, 2011 Page 7
6. Dry Run Creek Arch Storm Water Manhole & Value Replacements
Payment to AECOM in the total amount due of $10,574.28
7. Waterloo Local Flood Protection Project
Payment to AECOM in the total amount due of $1,246.66
8. Storm Sewer Lift Station & Wetland Delineation
Payment to Stanley Consultants Inc. in the total amount due of $85,275.66
Registered Speakers
10/17/2011
Mike Pauling
315 Greenbrier Road, Waterloo, Iowa 50703
Cell: 319-235-7469
Home: 319-232-3190
RE: Item No. 13 -Ordinance Change for No Parking Here to Corner on the South Side of the
1600 Block of Golden Valley Drive
October 10, 2011
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, October 10, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent:
Greenwood.
Moment of Silence.
Pledge of Allegiance: Mayor Buck Clark
137467 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 3,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
137468 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 10,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
CONSENT AGENDA
137469 - Hart/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP642, pp. 1-73, dated October 10, 2011, in
the amount of $2,631,258.69, a copy of which is on file in the City
Clerk's office, together with recommendation of approval of the Finance
Committee.
Resolution adopted and upon approval by Mayor assigned No. 2011-977.
2. Request of Waterloo Convention & Visitors Bureau & Trekman Racing to hold
5K and 10K races on Saturday, November 5, 2011 beginning at 9:00 a.m.
traveling streets through the downtown and ending at Soldier's and Sailors
Park -Submitted by Daniel J. Trelka, Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-978.
3. Request of Splash of Color Breast Cancer Support Group for a variance to
the Noise Ordinance to hold 1st Annual Fundraiser 3K Breast Cancer Walk on
Saturday, October 22, 2011 to start at 7:30 a.m. traveling along East 4th
Street beginning and ending at Sullivan Park, and will including a DJ and
the use of a PA system, together with recommendation of approval of
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-979.
4. Request of Seeds of Hope for a variance to the Noise Ordinance to hold
Rock the Purple event on Saturday, October 15, 2011 at Lincoln Park from
12:00 p.m. to 6:00 p.m., to include a DJ and the use of a PA system,
together with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-980.
5. Request of Brian Dorothy for a concrete driveway to be located at 907
Oregon Street, together with recommendation of approval of City Engineer -
Submitted by Eric Thorson, P.E., City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2011-981.
6. Request of Tom Dvorak for a concrete driveway to be located at 179 Lowder
Road, together with recommendation of approval of City Engineer -Submitted
by Eric Thorson, P.E., City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2011-982.
October 10, 2011
Page 2
7. Request to certify the following assessments to properties for work
performed by the Water Works, together with recommendation of approval of
Board of Water Works Trustees -Submitted by Dennis Clark, General Manager
of Waterloo Water Works:
Resolution adopted and upon approval by Mayor assigned No. 2011-983.
b. Motion to approve the following:
1.
2.
3.
4.
Travel Requests
Address
Amount to
certify
517
Campbell
Avenue
$992.16
321
East 1st
Street
$2,600.00
609
Baltimore
Street
$975.00
2775
Logan Avenue
$7,142.24
Resolution adopted and upon approval by Mayor assigned No. 2011-983.
b. Motion to approve the following:
1.
2.
3.
4.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Fount not
to Exceed
Jeff Siebel,
Building
Maintenance -
Fall Plumbing
& HVAC
Conference
Waterloo,
Iowa
October
10-11,
2011
$476.00
Captain Pillack
8th Annual
Governor's
Homeland
Security
Conference
Des Moines,
Iowa
November
1-2, 2011
$335.08
Tim Moyer,
Electrical
Inspector; Dan
Youngblood,
Combination
Inspector
2011 Fall IAEI
Educational &
Business
Meeting
Altoona,
Iowa
October
13-14,
2011
$340.00
Abraham L.
Funchess,
Executive
Director
National Fair
Housing
Training
Academy -
Investigation
Training
Washington,
D.C.
October
2-8, 2011
$3,805.00
Class C Liquor License Permit Application
5. BHC United, 910 W. 5th Street (Ownership Update) (Effective 9/13/11)
(Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
6. Honey Garden Family Restaurant, 826 La Porte Road (Renewal) (Expires
9/14/12) (Includes Sunday Sales)
Outdoor Service Area Application
7. The Drunken Monkey, 307 W. 4th Street
Vehicle For Hire Business License Application
8. R & MA Inc, 1120 Doreen Avenue Apt #2
Cigarette/Tobacco Permit Application
9. Cosmic Concepts Ltd t/a Media Star Promotions, 257 Ansborough Avenue
Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
PUBLIC HEARINGS
137470 - Schmitt/Welper
that "an Ordinance adopting the City of Waterloo Zoning Ordinance, which updates
and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted on
February 3, 1969", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
Cheryl Christiansen, 1702 E. Mitchell, requested that this item be tabled to
allow citizens more time to review this document.
Mayor Clark noted that this document has been worked on for several years and
there has been a work session.
October 10, 2011
137471 - Schmitt/Welper
Page 3
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nay: One (Schmitt).
Absent: Greenwood. Motion failed for lack of majority vote.
137472 - Hart/Welper
that proof of publication of notice of public hearing on Request for Proposal
for Asbestos Abatement Services Group. 2 for the Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project, as published in the Waterloo Courier on
October 4, 2011, be received and placed on file. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
137473 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Welper
that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
137474 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Request for Proposal for Asbestos Abatement Services
Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition
Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-984.
137475 - Hart/Welper
that "Resolution ordering construction in conjunction with Request for Proposal
for Asbestos Abatement Services Group 2 for the Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Six.
Absent: Greenwood. •
Resolution adopted and upon approval by Mayor assigned No. 2011-985.
137476 - Hart/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
5% Guarantee by
certified check
or bid bond
(yes or no)
Total lump sum bid (total cost
based on the tabulated amounts
from each property bid tab)
Abatement Specialties, LLC
201 30t" St. Dr. SE
Cedar Rapids, Iowa 52403
5%
$59,410.00
Active Thermal Concepts
2805 Stonegate Ct.
Hiawatha, Iowa 52233
5%
$59,440.00
Advanced Environmental
803 Ricker Street
Waterloo, Iowa 50703
5%
$49,480.00
Evan Inspection Services
15253 Hollywood Rd
Monticello, Iowa 52310
Bid was inadvertently opened -
it is for another Asbestos Project
Great Plains Asbestos Control, Inc.
P.O. Box 39
820 East Railroad Street
Kearney, Nebraska 68848-0039
5%
$57,450.00
Iowa -Illinois Taylor Insulation, Inc.
P.O. Box 2810
Davenport, Iowa 52809
5%
$77,546.00
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
RESOLUTIONS
137477 - Getty/Cole
that "Resolution approving the purchase of 12 Panasonic Toughbook laptop
computers and docking stations from the State of Iowa bid in the amount of
$49,500.00 -Submitted by Daniel Trelka, Director of Safety Services", be adopted.
Roll call vote -Ayes: Five. Nay: One (Jones). Absent: Greenwood.
October 10, 2011 Page 4
Mr. Jones asked if the Police Department has researched other technology. Dan
Trelka, Director of Public Safety, stated this is the industry standard to
handle the environment of the squad car and the information systems technician
recommended it.
Resolution adopted and upon approval by Mayor assigned No. 2011-986.
137478 - Getty/Cole
that "Resolution approving recommendation of award of bid to Lenco Armored
Vehicles of Pittsfield, Massachusetts in the amount of $228,607.00 for the
Purchase of Police Department Armored Law Enforcement Tactical Vehicle -Submitted
by Daniel Trelka, Director of Safety Services", be adopted. Roll call vote -
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-987.
137479 - Getty/Cole
that "Resolution approving recommendation of award of bid to Murphy Tractor &
Equipment Co. of Waterloo, Iowa in the amount of $50,400.00 for the Rental of
Three (3) Motor Graders to Support Snow Removal Operations -Submitted by Mark
Rice, Public Works Director", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-988.
137480 - Getty/Cole
that "Resolution approving request by Sean Duggan to purchase a 24' x 24' (576
square foot) detached garage from 910 West Shaulis Road in the amount of
$500.00 -Submitted by Noel Anderson, Community Planning & Development Director",
be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-989.
137481 - Cole/Hart
that "Resolution approving award of hotel/motel discretionary funding to the
following entities: Cultural & Arts Department in the amount .of $10,000.00;
Leisure Services in the amount of $5,400.00; and Waterloo Regional Airport in
the amount of $7,000.00 -Submitted by Michelle Weidner, Chief Financial Officer",
be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-990.
137482 - Cole/Hart
that "Resolution approving 2011 Secure Our Schools Grant funding from U.S.
Department of Justice in the amount of $71,390.00; and authorize Mayor to
execute said document -Submitted by Daniel Trelka, Director of Safety Services",
be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-991.
137483 - Cole/Hart
that "Resolution approving and accepting certain acquisition contracts and deeds
to sell real property to the City of Waterloo for the partial acquisition of
right-of-way, permanent easements and temporary easements related to the West
Shaulis Road/Ansborough Avenue reconstruction project from: L&H Farms, Ltd. in
the amount of $13,744.50; and authorize Mayor and City Clerk to execute said
documents -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-992.
137484 - Cole/Hart
that "Resolution setting date of hearing as October 24,2011 to approve Request
of Westfield Lofts Condominium Association on the vacation, sale and conveyance
of a portion of former Westfield Avenue right-of-way adjacent to 25 West
Commercial Street for $1.00; and instruct City Clerk to publish notice -Submitted
by Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-993.
October 10, 2011
ORDINANCES
137485 - Getty/Welper
Page 5
To table "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection
(47a) Golden Valley Drive to Section 553, No Parking Here to Corner in
conjunction with Ordinance Change - No Parking Here To Corner on the South Side
of the 1600 Block of Golden Valley Drive" for one week. Ayes: Six. Absent:
Greenwood.
137486 - Hart/Welper
that "an Ordinance amending the City Code of Ordinance, Title 3 Business and
License Regulations, Chapter 2 Liquor Control in conjunction with Amendment to
City Code of Ordinance, Title 3 Business and License Regulations, Chapter 2
Liquor Control", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
Mr. Welper asked who is going to police the business owner and when will the
business owner be required to keep the property clean. Jim Walsh, City Attorney,
reported this would be at the discretion of the judge and the code enforcement
officers.
137487 - Hart/welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Schmitt).
Motion failed for lack of majority vote.
OTHER COUNCIL BUSINESS
137488 - Schmitt/Welper
to reject bids and instruct Public Works Director to prepare new plans,
specifications, form of contract, etc. in conjunction with F.Y. 2011 Waterloo
Public Works Facility, Contract No. 810, be approved. Voice vote -Ayes: Six.
Absent: Greenwood. Motion carried.
137489 - Schmitt/Welper
that plans, specifications, bid document, form of contract, etc.in conjunction
with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, be received and
placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
137490 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, bid document,
form of contract, etc. in conjunction with F.Y. 2011 Waterloo Public Works
Facility, Contract No. 810", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-994.
137491 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as November 14, 2011
and instruct City Clerk to publish notice of plans, specifications, bid
document, form of contract, etc. in conjunction with F.Y. 2011 Waterloo Public
Works Facility, Contract No. 810", be adopted. Roll call vote -Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-995.
137492 - Cole/Hart
to instruct Community Planning & Development Director to prepare plans,
specifications, form of contract, etc. in conjunction with Request for Proposals
for Demolition and Site Clearance Services (No Regulated Asbestos -Containing
Materials) for the Former Grand Hotel, be approved. Voice vote -Ayes: Six.
Absent: Greenwood. Motion carried.
137493 - Cole/Hart
that plans, specifications, form of contract, etc. in conjunction with Request
for Proposals for Demolition and Site Clearance Services (No Regulated Asbestos -
Containing Materials) for the Former Grand Hotel, be received and placed on
file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
October 10, 2011
137494 - Cole/Hart
Page 6
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Request for Proposals for Demolition and Site
Clearance Services (No Regulated Asbestos -Containing Materials) for the Former
Grand Hotel", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-996.
137495 - Cole/Hart
that "Resolution setting date of hearing and bid opening as October 24, 2011 and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Request for Proposals for Demolition and Site
Clearance Services (No Regulated Asbestos -Containing Materials) for the Former
Grand Hotel", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-997.
ORAL PRESENTATIONS
Robert Klingenberg, 1111 Bourland Avenue, asked for Council to donate the 657A
property located at 116 W. Parker. He reported that his organization is a 501(C)
and will be eligible for grants once the deed to the property is obtained.
Mayor Clark instructed Mr. Klingenberg to set up a work session to explain the
program. He explained that there is a process in place to gain ownership to
these properties and his request would require an exception to this process.
Mayor Clark reported that the weather is dry and the exception to the burn ban
is only to recreational fires, which do not include yard waste. There is a
penalty if a violation to the burn ban is found.
137496 - Hart/Cole
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Absent: Greenwood. Motion carried.
ADJOURNMENT
137497 - Hart/Cole
that the Council adjourn at 6:01 p.m. Voice vote -Ayes: Six. Absent: Greenwood.
Motion carried.
Suzy Schares
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meetings
Prepared:
Dept. Head Signature:
# of Attachments: 1
October 17, 2011
September 22, 2011
SUBJECT: RED RIBBON WEEK PROCLAMATION
Submitted by: Mayor Clark
Recommended City Council Action:
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
CITY OF WATERLOO, IOWA
PROCLAMATION
RED RIBBON WEEK
WHEREAS, cities across our Nation have been plagued by the numerous problems
,.h, associated with drug and alcohol abuse; and
WHEREAS, there is hope in winning the War on Drugs, and that hope lies in the
hard work and determination of our communities to create a drug free
environment; and
1A4{EREAS local leaders in government and in the community, know that support
from all citizens is the most effective weapon they can possess in their
efforts to reduce the demand for illegal drugs and drive away the
'WHEREAS,
suppliers of those drugs; and
t{EREAS, success will not occur overnight, our patience and continued
commitment to drug education and prevention are imperative; and
WHEREAS, the National Red Ribbon Campaign has been established by the
National Federation of Parents for Drug Free Youth to help create
awareness of the drug problems facing every community, to develop
parent and community teams to combat illegal drugs, and to promote
drug free lifestyles for America's youth; and
WHEREAS, October 22 - 30, 2011, has been designated National Red Ribbon Week,
calling on all Americans to show their support for a drug free nation by
wearing a red ribbon during that week.
NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby
proclaim October 22 — 30, 2011 as
RED RIBBON WEEK
in Waterloo, and encourage all citizens, businesses, public and private agencies, media,
religious and educational institutions to wear and display red ribbons throughout that week
to join the rest of the nation in promoting the Red Ribbon Campaign and a drug free
America.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the
Great Seal of the City of Waterloo to be affixed this 17"' day of October 2011.
ATTEST:
Suzy Sc ares
City Clerk
A c ' ,4111,
ck Clark
Mayor
cp,
CITY OF WATERLOO
Council Communication
City Council Meeting: October 17, 2011
Prepared: October 7, 2011
Dept. Head Signature:
# of Attachments:
SUBJECT: Mayor to read Character Counts Week Proclamation
Submitted by: Mayor Clark
Recommended City Council Action:
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
CITY OF WATERLOO, IOWA
PROCLAMATION
citizens of good character are a most valuable asset to our community,
providing a safe and caring environment where all citizens value and
model the principle that CHARACTER COUNTS; and
WHEREAS, the six Pillars of Character include Trustworthiness, Respect,
Responsibility, Fairness, Caring and Citizenship; and
WHEREAS, the City of Waterloo supports the Cedar Valley Character Counts
Committee in its efforts to provide leadership and coordination for the
promotion and encouragement of a community -wide character education
program for our youth; and
WHEREAS, with their guidance, we will teach, enforce, advocate and model the six
essential pillars of character to our young citizens; and
WHEREAS, this work will foster greater understanding and cooperation among
individuals and organizations of our community to set good examples and
address the positive issues that will shape our community's future.
NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa do hereby proclaim
the week of October 16 - 22, 2011, as
CHARACTER COUNTS WEEK
And urge the citizens of Waterloo to become aware of the importance of community -wide
character education and show support for the positive character development of the youth in our
community and for further information visit: www.charactercountsiniowa.org.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
of Waterloo to be affixed this 17th day of October 2011.
ATTEST:
C) C1
Suzy S ares
City Clerk
,1/2;t:
Muck Clark T.____ --
Mayor
mai
City of Waterloo
DATE 10/17/11
TINE 16:03:09
VENDOR
E 1 N G, N C
M ANAGS i? 3
OPEN INVOICE REPORT
INVOICE # INVOICE DES
'N
INV DATE
DUE DAT! 0/L DATE
PAGE 82
AP0642
CTYO8
INV NET AMT
:3431 D0Y'Le GOLF LLC
5301 PUTTER FOR YP GOLF EXH
173114 P. 0. 4 CONTRACT '4 DESCRIPTION
1 FUTTER FOR YP GOLF EXH
Invoice 410 26 4205 2152
TOTAL ".rOIC=o WITH D'
TOT
9/26/2011 10/17/2011 10/17/2.011 596.00
QUANTITY U/M AflT:'_NIT TOTAL AMT WORK ORDER
.
1.0000 EA 596.00 596.00
P07: 1.0000 ANT: 556.00
eo;z;011l„f:>
October 17, 2011
AP0640 TOTAL INVOICES
WORK COMP CLAIMS
WATERLOO HOUSING AUTHORITY
/ 5S7. 00
/oo. .
$ 2,475,667.98
4,387.39
3,090.27
TOTAL $ 2,483,145.64
Sf✓�Gcl�«Ct_ GJi,✓�,-ct� ✓0-17'22//
2, 475, 667. 98
2, 475, 667. 98
October 7, 2011
City of Waterloo
Attn: City Clerk
715 Mulberry Street
Waterloo, IA 50703
(Arial
16((-7 gau
FIVE STAR SNOW TRAILSfNv.
ASSOCIATION, INC (511-119
1314 Washington St, Cedar Falls, IA 50613-4153
Phone: 319-266-0445 0 Cell: 319-231-0819 0 email: damelick@cfu.net
Enclosed for your consideration is the Application to the Iowa Department of Transportation (IDOT)
for renewal of the permit to establish and sign a snowmobile trail within the right-of-way of state
highways. A portion of that trail resides within the city limits of Waterloo. The IDOT requires that
each affected city approve the application before being processed by the Department. Page 3B of the
application has a block for the signature of the responsible individual representing Waterloo_
PLEASE USE THIS PAGE FOR TIFF CITY SIGNATURE. DO NOT COMPLETE THE
SIMILAR SECTION SHOWN ON PAGE 1 OF THE APPLICATION.
Permits are issued for one season only and must be renewed each year. This application is the same
as the one which was approved last yearfor the city of Waterloo. Items 1, 2, 8, 9 on page 4, items
#17, 18, 19, 20 on page 5 And items #21, and 22 on page 6 are the only items which affect Waterloo.
If you have any questions concerning the application and related paperwork, you may contact me at:
319-231-0819(Cell) or e-mail to: damelick@cfu.net
I would appreciate it very much if city action could be taken at the October 10th Council meeting,
if Council action is required. The IDOT is short on staff and it could take them some time to take
their action, so it is imperative that we get the application in their hands as soon as possible, so as to
beat the freezing temperatures and first snowfall with signing of the trail.
Please return to me in the enclosed, "postage applied" envelope as soon as possible after action has
been taken by city officials.
Thank you for your assistance with this matter.
Sincerely,
Dick Melick
Five Star Snow Trails Assoc., Inc
Administrative Advisor
CITY OF WATERLOO
Council Communication
City Council Meeting: October 17, 2011
Prepared: October 11, 2011
Dept, Head Signature: Eric Thorson, PE. City Engineer
# of Attachments: 1
SUBJECT: REQUEST BY DAVID PLUM FOR A CONCRE 1 L DRIVEWAY TO BE LOCATED
AT 527 BELLE STREET
Submitted by: Eric Thorson, P.E., City Engineer
Recommended City Council Action:
I have reviewed this request and recommend its approval subject to the following provisions:
1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior to construction.
3. All work shall be performed under the supervision of the City Engineer and at no cost to
the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided
to the City Clerk's office.
Summary Statement
Attached is a request from DAVID PLUM for construction of a concrete driveway and placing a driveway
or sidewalk on City right of way on an unimproved street, to be located at 527 BELLE STREET.
Expenditure Required None
Source of Funds None
Policy Issue N/A
Alternative None
Background Information:
This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council
approval so that it can be recorded to the property, so that the waiver requirements run with the property
ownership.
Legal Description: CEDAR TERRACE SECOND ADDITION LOT 66
WAIVER
Date: )'
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons:
I hereby request a waiver to the driveway and sidewalk specifications for the construction
of a ✓C�� driveway or sidewalk located at
(concrete or asphalt)
4-27
(Address)
This waiver is needed because of:
special surface texture (i.e., exposed aggregate, brick stamped pattern,
paving brick) to be used on the concrete approach.
elimination of the sidewalk section due to the inability to meet requirements of
the driveway and sidewalk policy, paragraph 1.
asphalt driveway with the elimination of the sidewalk section.
X placing a driveway or sidewalk on City right of way on an unimproved street.
I agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
1
D L. , Si -„U 6 /((,`:d.
Printed Name of Property Owner Signature f Property Owner
Respectfully submitted,
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Page numbers may be different for Adobe PDF documents due to conversic
Final Draft for City Council Hearing — Updated 10/05/11
ip
h> dot G-?
Lev / ca
m ment
gy,) 1th
of' j
(27-1:,'
at: Or LC)
Zonin, CY 0 nr) Ihnl(Prag
Ordinance No. 2479
Multiple Changes and Updates to the City of Waterloo
Zoning Ordinance
Planning and Zoning Commission Hearing: September 13, 2011
City Council Approval:
Example = Wording proposed to be added
Example = Wording proposed to be removed
This draft may be viewed on the Planning website at:
http://wvvw.ci.waterlooda.us/images/PlanningZoning/pdf/
ZoningOrdinance amend.pdf
TABLE OF CONTENTS
Conforming Uses of Structures and
Premises, Non Con€erming-
Ch ractcristies-e Use, and Non -
Conforming Lots 27
C. Fences 32
D. Houle Occupations. 33
E. Accessory Structures 35
F. Corner Lots. 37
G. Visibility at Intersections in Residential
PART 0 INTERPRETATION OF Districts 37
STANDARDS 1 H. Front Yard 37
I. Required Yard Cannot be Reduced. 38
2A-2 INTERPRETATION OF J. Building Lines on Approved Plats 38
STANDARDS 1 Building or Development Permits 38
L. Zoning District Dividing Property 38
M. Erection of More Than One (1)
Principal Structure on a Lot. 39
N. Conditional Zoning 39
PART III DEFINITIONS 1 O. Street Frontage Required. 41
P. Dwelling Standards: 41
2A-3 DEFINITIONS 1 Q. Site Plan Required. 41
PART I TITLE AND PURPOSE 1
2A-1 TITLE AND PURPOSE
A. Title
1
1
B. Purpose 1
C. Authority 1
2A -2A INTERPRETATION PERTAINING
TO FLOOD PLAIN MANAGEMENT ... 1
PART IV DISTRICT AND BOUNDARIES
24
R. Proposed Use Not Covered by Title 42
S. Landscaping Regulations 42
2A-4 CLASSIFICATION OF DISTRICTS. ... 24 PART VI "A-1" AGRICULTURAL DISTRICT 44
2A -4A CLASSIFICATION OF FLOOD
PLAIN OVERLAY DISTRICTS. 25
2A-8 REGULATIONS. 44
A. Principal Permitted Uses: 44
2A -4B FINDING OF FACT 25 B. Accessory Uses: 46
2A-5 DISTRICT BOUNDARIES AND
OFFICIAL ZONING MAPS. 25
2A -5A ESTABLISHMENT OF OFFICIAL
FLOOD PLAIN ZONING MAP 26
2A -5B PURPOSE OF FLOOD PLAIN
(OVERLAY) DISTRICTS. 26
2A -5C INTERPRETATION OF DISTRICT
BOUNDARIES. 26
2A-6 FUTURE ANNEXATION OF
TERRITORY. 27
2A -6A RIGHT OF WAY VACATION 27
PART V GENERAL REGULATIONS 27
2A-7 GENERAL REGULATIONS 27
A. Conformance Required 27
B. Non -Conforming Uses of Land, Non -
Conforming Structures, Non -
2A -9 HEIGHT REGULATIONS. 46
2A-10 LOT AREA, LOT FRONTAGE AND
YARD REQUIREMENTS BULK
REGULATIONS 46
PART VI(A) "R -R" RURAL RESIDENCE
DISTRICT 46
2A -10A PURPOSE 46
2A -10B REGULATIONS 37
A. Principal Permitted Uses: 37
B. Accessory Uses: 37
2A -10C HEIGHT REGULATIONS 37
2A -10D LOT AREA, FRONTAGE AND
YARD REQUIREMENTS BULK
REGULATIONS 38
PART VII "R-1" ONE AND TWO FAMILY
RESIDENCE DISTRICT 38
2A-11 REGULATIONS. 38
A. Principal Permitted Uses: 38
B. Accessory Uses: 39
2A-12 HEIGHT REGULATIONS 40
2A-13 LOT AREA, FRONTAGE AND
BULK
REGULATIONS. 40
PART VIII "R-2" ONE AND TWO FAMILY
RESIDENCE DISTRICT 41
2A-14 REGULATIONS: 41
A. Principal Permitted Uses: 41
B. Accessory Uses: 41
2A-15 HEIGHT REGULATIONS. 41
2A-16 BULK REGULATIONS 41
PART IX "R-3" MULTIPLE RESIDENCE
DISTRICT 42
2A-17 REGULATIONS. 42
A. Principal Permitted Uses 42
B. Accessory Uses: 43
2A-18 HEIGHT REGULATIONS. 43
2A-19 BULK REGULATIONS 43
• P. _ r - - 44
A. Landscape Area and Planting
Requirements 45
B. Street Tree Planting 45
C. Expansion of Existing Use 45
D. Alternative Compliance 45
E. Maintenance 46
F. Submittal Requirements 46
G. Measured Compliance THE
AWARDED FOR EACH TYPE OF
PLANTING LISTED BELOW. 46
PART X "R-4" MULTIPLE RESIDENCE
DISTRICT 46
2A-20 REGULATIONS. 46
A. Principal Permitted Uses 46
B. Accessory Uses 47
2A-21 HEIGHT REGULATIONS. 47
2A-22 BULK REQUIREMENTS. 48
PART X(A) "R -P" PLANNED RESIDENCE
DISTRICT 49
2A -22A GENERAL REGULATIONS 49
PART XI "S-1" DISTRICT REGULATIONS
(SHOPPING CENTER COMMERCIAL
DISTRICT) 49
2A-23 STATEMENT OF INTENT
REGULATIONS. 49
A. Procedures. 49
B. Standards 50
C. Completion. 50
D. Minor Site Plan Amendments 51
PART XII "C-1" NEIGHBORHOOD
COMMERCIAL DISTRICT 51
2A-24 REGULATIONS. 51
A. Principal Permitted Uses: 52
B. Accessory Uses: 53
C Site Plan Required Existing "C 1"
Ar a. 53
IT C. Height Regulations 53
2A-25 BULK REGULATIONS. 54
2A-26 REPEALED BY ORDINANCE 4724, 9/20/0454
PART XIII "C-2" COMMERCIAL DISTRICT. 54
n
2A-27 REGULATIONS. 54
A. Principal Permitted Uses: 54
B. Accessory Uses: 57
2A-28
"C 2" AREA 57
2A-29 BULK REGULATIONS. 57
2A -29A REPEALED BY ORDINANCE 4724,
9/20/04 58
PART XIII(A) "C -P" PLANNED
COMMERCIAL DISTRICT 58
2A -29B GENERAL REGULATIONS 58
A. Intent 58
B. Uses Permitted 59
C. Procedure 59
D. Standards 62
E. Deed Restrictions 63
F. Commencement and Completion 63
G. Land Usage 63
H. Platting Required 63
2A -29C. BULK REGULATIONS 64
PART XIII(B) "B -P" BUSINESS PARK
DISTRICT 64
2A -29D GENERAL REGULATIONS 64
A. Intent. 64
B. Uses Permitted. 65
C. Procedure. 65
D. Standards 68
E. Deed Restrictions 69
F. Commencement and Completion 69
G. Land Usage 69
H. Platting Required 69
2A -29E BULK REGULATIONS 69
PART XIV "C-3" CENTRAL BUSINESS
COMMERCIAL DISTRICT 70
2A-30 REGULATIONS. 70
A. Principal Permitted Uses 70
B. Accessory Uses: 70
2A-31 BULK REGULATIONS 70
2A-32 REPEALED BY ORDINANCE 4724,
9/20/04 71
PART XV "M-1" LIGHT INDUSTRIAL
DISTRICT 71
2A-33 REGULATIONS. 71
A. Principal Permitted Uses: 71
B. Accessory Uses 73
C Site Plan Required. 73
2A-34 REQUIRED CONDITIONS• 73
2A-35 BULK REGULATIONS: 73
PART XVI "M-2" HEAVY INDUSTRIAL
DISTRICT
A. Principal Permitted Uses: 75
B. Accessory Uses 75
C. Required Conditions 75
D, Site Plan Required Existing "M 2"
Area 76
2A-38 BULK REGULATIONS. 76
PART XVII "M -2,P" PLANNED
INDUSTRIAL DISTRICT 77
2A-39 REGULATIONS. 77
A. Intent 77
�P . B. Principal Permitted Uses 77
& C. Required Conditions 77
D. its
Procedure 78
PART XVIII FLOODWAY AND FLOOD
PLAIN DISTRICTS 80
2A-40 REGULATIONS. 80
A. General Regulations 80
2A-41 "F -W" FLOODWAY (OVERLAY)
DISTRICT 81
2A -41A "F -F" FLOODWAY FRINGE
(OVERLAY) DISTRICT 82
2A-42 "F -P" GENERAL FLOOD PLAIN
(OVERLAY) DISTRICT 86
2A -42A "S -F" SHALLOW FLOODING
(OVERLAY) DISTRICT 87
DISTRICT 88
A.
B.
C.
D.
E.
F.
G.
H.
' 88
Intent 88
Uses Permitted 88
Procedure 88
Standards 91
Deed Restrictions 92
Commencement and Completion 92
Land Usage 92
Platting Required 92
74 PART XX "H -C" HIGHWAY 218
CORRIDOR OVERLAY DISTRICT 92
2A-37 REGULATIONS. 74
2A -43A GENERAL REGULATIONS 92
A. Boundaries 92
B. Purpose And hrtent 93
C. Definitions 93
D. Administrative Regulations 94
E. Alternative Compliance 94
F. Landscape Requirements 95
G. Sign Regulations 98
H. Design Review Board 100
I. Screening/Fencing 105
J. Setback Requirements 106
K. Use Restrictions 106
PART XXI "H -C" HIGHWAY 20 CORRIDOR
OVERLAY DISTRICT 108
2A -43B GENERAL REGULATIONS 108
A. Boundaries 108
B. Purpose And hitent 108
C. Definitions 108
D. Administrative Regulations 109
E. Alternative Compliance 110
F. Landscape Requirements 110
G. Sign Regulations 113
H. Reserved 116
I. Screening/Fencing 116
J. Setback Requirements 117
K. Use Restrictions 117
PART XXII VEHICULAR USE, PARKING
AND LOADING AREAS, PUBLIC
GARAGES, PARKING LOTS AND
FILLING STATIONS 117
2A-44 OFF-STREET LOADING SPACES
REQUIRED 117
2A-45 OFF-STREET PARKING AREA
REQUIRED 117
A. Scope of Regulations 117
B. General Requirements 118
C. Design and Maintenance 121
D. Parking Space(s) Required 123
2A-46 FILLING STATIONS, PUBLIC
GARAGES AND PARKING LOTS128
PART XXIII OUTDOOR ADVERTISING
SIGNS AND BILLBOARDS 128
2A-47 OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS 128
A. General Intent 128
B. Definitions: 129
C. Regulation of All Signs: 131
PART XXIV SPECIAL PROVISIONS,
EXCEPTIONS AND MODIFICATIONS 141
2A-48 SPECIAL PROVISIONS,
EXCEPTIONS AND
MODIFICATIONS. 141
A. Use Of Existing Lots Of Record. 141
B. Structures Permitted Above Height
Limit. 141
C. Area Requirements. 143
D. Double Frontage Lots 143
E. Rear And Side Yards—How
Computed 143
F. Other Exceptions to Yard
Requirements 143
G. Existing Open Unenclosed Porch, New
Deck or Unenclosed Porch 144
H. Special Permit Required 144
I. Urban Renewal Plans 150
J. Appeal of Minimum Lot Width 150
K. Subdividing Of Lots 150
L. Solar Collector Systems- 150
M. Placement Of Mobile Home On -Farm .151
N. Adult Uses. 151
O. Towers and Wireless Communication
Towers Facilities 152
P. Buffers Required 160
Q. Alcohol Sales Use Regulations 161
R. Limited Alcohol Sales Uses 162
S. Utility Exemption 162
T. Wind Energy Facilities 163
PART XXV BOARD OF ADJUSTMENT 175
iv
2A-49 APPOINTMENT—MEMBERSHIP175
2A-50 RULES—MEETINGS—GENERAL
PROCEDURE 175
2A-51 JURISDICTION—POWERS 176
2A-52 SPECIAL PERMITS CONDITIONAL
USES, APPEALS, AND
VARIANCES 177
A. Special Permits Conditional Uses - 177
B. Appeals - 178
C. Variances - 179
D. Factors upon which the decision of the
Board shall be based. 180
E. Conditions Attached To Special
Permits, Conditional Uses Or
Variances
2A -52A HEARINGS AND DECISIONS OF
THE BOARD OF ADJUSTMENT 181
A. Hearings - 181
B. Decisions - 181
C. Appeals to the Court - 181
2A-54 PLATS SITE PLANS 186
180 PART XXVIII AMENDMENTS 186
2A-55 AMENDMENTS 186
PART XXV(A) PLANNING,
PROGRAMMING, AND ZONING
COMMISSION 181
2A-528 PLANNING, PROGRAMMING,
AND ZONING COMMISSION 181
A. Appointment - Membership 181
B. Rules - Meetings General Procedure182
C. Powers and Duties 182
PART XXVI OCCUPANCY PERMITS
PART XXIX VIOLATION, PENALTIES &
ENFORCEMENT 187
2A-56 VIOLATION AND PENALTIES 187
2A-57 ENFORCEMENT. 188
PART XXX VALIDITY 188
2A-58 VALIDITY 188
PART XXXI FEES 188
183 24-59 FEES REPEALED BY ORDINANCE 4841,
1946/06 188
2A-53 PERMITS. 183
A. Occupancy Permits - 183
B. Flood Plain Development Permit - 183
C. Floodproofing Measures - 184
D. Iowa Department of Natural
Resources - Required Developmental
Approval 185
PART XXVII PLATS SITE PLANS 186
v
PART XXXII DUTIES AND
RESPONSIBILITIES OF THE CITY
PLANNER OR HIS/HER OFFICIAL
DESIGNEE 188
2A-60 INFORMATION TO BE OBTAINED
OR MAINTAINED 188
PART I
TITLE AND PURPOSE
[Ordinance 3196, 2/22/82]
2A-1 TITLE AND PURPOSE
A. Title.
This Ordinance shall be known and may
be cited and referred to as the "Zoning Ordi-
nance" of the City of Waterloo, Iowa.
B. Purpose.
The purpose of this Ordinance shall be to
promote the health, safety, morals, order,
convenience, prosperity and general welfare;
to conserve and protect the value of property
throughout the City and to encourage the
most appropriate use of land; to lessen con-
gestion in the streets; to prevent the over-
crowding of land; to avoid undue concentra-
tion of population; and to facilitate the ade-
quate provision of transportation, water, se-
werage, schools, parks and other public re-
quirements.
C. Authority.
This Ordinance' is adopted in accordance
with the City of Waterloo Comprehensive
Plan, as amended, and as permitted and spe-
cifically authorized in Chapter 414 City Zon-
ing, Code of Iowa, as amended.
PART II
INTERPRETATION OF
STANDARDS
2A-2 INTERPRETATION OF
STANDARDS
In their interpretation and application, the
provisions of this Ordinance shall be held to
be the minimum requirements and shall be
liberally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
statutes. Where provisions or requirements
of this Ordinance conflict, the most restrictive
.rovision or re.uirement a .hes unless oth-
erwise specified.
2A -2A INTERPRETATION PERTAINING
TO FLOOD PLAINMANAGEMENT
[Ordinance 3487, 6/15/87]
In their interpretation and application, the
provisions of this Ordinance shall be held to
be the minimum requirements and shall be
liberally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
statutes. Where provisions or requirements
of this Ordinance conflict, the most restrictive
provision or requirement applies, unless oth-
erwise specified. [Ordinance 5049, 6/20/11]
[Ordinance 3175, 12/14/81]
['Ordinance 3378, 12/17/841
2A-3 DEFINITIONS
For the purpose of this Ordinance, certain
terms and words are hereby defined. Words
used in the present tense shall include the
future, the singular number shall include the
plural and the plural number includes the
singular; the word "shall" is mandatory, the
word "may" is permissive; and the word
"person" includes a firm, association, organi-
zation, partnership, trust, company, or corpo-
ration as well as an individual; the words
"used" or "occupied" include the words in-
tended, designed, or arranged to be used or
occupied. The word "lot" includes the words
plot or parcel.
Abutting: Having property or district
lines in common.
Accessory Structure: A sub rdinate
structure located on the same lot with
(1)
(2)
PART ILL
DEFINITIONS
(3)
the main building principal use or
principal structure, occupied by or
devoted to an accessory use, or on an
abutting vacant lot when legallycom-
bined to the lot with the principal use
orij cipal structure with a recorded
restrictive covenant. Where an acces-
sory building structure is attached to
the main building rinci al structure
in a substantial manner, as by a wall
or roof, such accessory building struc-
ture shall be considered part of the
main buildingrirui al structure, and
subject to all yard requirements con-
tained herein.
Accessory Use: A use customarily in-
cidental and subordinate to the main
principal use or building structure
and located on the same lot therewith.
In no case shall such accessory use
dominate, in area, extent, or ptupose
the principal lawful use or buildi+tg
structure.
(4) Actuarial Rates: Or "risk premium
rates" are those rates established by
the Administrator pursuant to indi-
vidual community studies and inves-
tigations which are undertaken to
provide flood insurance in accordance
with 42 U.S.C. 4014 and the accepted
actuarial principles. Actuarial rates in-
clude provisions for operating costs
and allowances.
Adjacent: Nearby, not distant, may or
may not have common property or
district lines.
Adult Businesses/Adult Uses: [Ordi-
nance 3642, 5/1/89] The following defi-
nitions shall govern the interpretation
of the regulations of adult uses.
(a) Adult book or video store. An es-
tablishment having twenty-five
(25) percent or more of the retail
floor space presently being used
by said business or twenty-five
(5)
(54A)
(25) percent or more of the gross
2
2A-3 DEFINITIONS
business income derived from or
attributable to printed matter, pic-
tures, slides, records, audio tapes,
video tapes or motion picture
films, which are distinguished or
characterized by an emphasis on
matter depicting, describing or re-
lating to "specified sexual activi-
ties" or "specified anatomical ar-
eas," as hereinafter defined.
A building or portion thereof, that
engages in the 'renting, "selling,
presentation," publication, or dis-
tribution of adult products as de-
scribed herein shall not publicly
display such materials and/or
products so that they are de-
scribed, displayed, visible, or ad-
vertised'from the exterior of the
1Aildn1¢ if said use is to be offer-
ated as a non -adult book or video
store with less than twenty-five
(25) percent of floor space/gross
income as described herein.
(b) Adult cabaret. Any establishment
which excludes minors by virtue
of age wherein the entertainment
is distinguished or characterized
by an emphasis on the presenta-
tion, display, depiction or descrip-
tion of "specified sexual activities"
or "specified anatomical areas."
(c) Adult conversation/rap parlor.
Any establishment which excludes
minors by reason of age and
which provides the service of en-
gaging in or listening to conversa-
tion, talk or discussion, if such
service is distinguished or charac-
terized by an emphasis on "speci-
fied sexual activities" or "specified
anatomical areas."
(d) Adult health/sport club. A
health/sport club which excludes
minors by reason of age, or if such
club is distinguished or character-
PART III
DEFINrrloNS
2A-3 DEFINITIONS
ized by an emphasis on "specified
sexual activities" or "specified
anatomical areas."
(e) Adult massage parlor. A massage
parlor which restricts minors by
reason of age, or if such club is
distinguished or characterized by
an emphasis on "specified sexual
activities" or "specified anatomical
areas."
(f) Adult mini -motion picture theater.
A building or portion of a building
with a capacity for less than 50
persons used for presenting mate-
rial if such building or portion of a
building as a prevailing practice
excludes minors by virtue of age,
or if such material is distinguished
or characterized by an emphasis
on the depiction or description of
"specified sexual activities" or
"specified anatomical areas" for
observation by patrons therein.
(g) Adult motion picture theater. A
building or portion of a building
with a capacity of 50 or more per-
sons used for presenting material
if such building or portion of a
building as a prevailing practice
excludes minors by virtue of age,
or if such material is distinguished
or characterized by an emphasis
on the depiction or description of
"specified sexual activities" or
"specified anatomical areas" for
observation by patrons therein.
(h) Adult steam room/bathhouse fa-
cility. A building or portion of a
building used for providing a
steam bath or heat bathing room
used for the purpose of pleasure,
bathing, relaxation, reducing, util-
izing steam or hot air as a clean-
ing, relaxing or reducing agent if
such building or portion of a
building restricts minors by reason
3
(1)
(1)
of age or if the service provided by
the steam room/bathhouse facility
is distinguished or characterized
by an emphasis on "specified sex-
ual activities" or "specified ana-
tomical areas."
Adult uses. Adult uses include,
but are not Limited to, adult book
and video stores, adult motion
picture theaters, adult mini -
motion picture theaters, adult
massage parlors, adult steam
room/bathhouse facilities, adult
rap/conversation parlors, adult
health/sport clubs, adult cabarets,
and other premises, enterprises,
businesses, private clubs/estab-
lishments or places open to some
or all members of the public, at or
in which there is an emphasis on
the presentation, display, depic-
tion or description of "specified
sexual activities" or "specified
anatomical areas" which are capa-
ble of being seen by members of
the public. No adult use shall dis-
play, ` describe or make visible
from the exterior of the premises
any product, medium of conimu-
nication,'or activity that depicts or
describes "specifiedsexual activi-
ties" or "specified anatomical ar-
eas."
Protected uses. Protected uses in-
clude a building in which a major-
ity of floor space is used for resi-
dential purposes; a day care center
where such day care center is a
principal use; a house of worship;
a public library; an elementary,
junior high or high school (public,
parochial or private); public park;
public recreation center or public
specialized recreation facility as
identified in the parks and recrea-
tion element of the Waterloo
Comprehensive Plan; a civic/con-
PART III
DEFINITIONS
2A-3 DEFINITIONS
vention center; a community resi-
dential facility; a mission. How-
ever, this definition shall not ap-
ply if the protected use is a legal
non -conforming use.
(k) Specified anatomical areas shall
include the following:
(1) Less than completely and opa-
quely covered: (a) human geni-
tals, (b) pubic region; (c) but-
tock, and (d) female breast be-
low a point immediately above
the top of the areola; and
(2) Human male genitals in a dis-
cernible rigid state even if
completely and opaquely cov-
ered.
(1)
Specified sexual activities shall in-
clude the following:
(1) Human genitals in a state of
sexual stimulation or arousal;
(2) Acts of human masturbation,
sexual intercourse or sodomy;
or
(3) Fondling or other erotic touch-
ing of human genitals, pubic
region, buttock or female
breast.
(54B) Alcohol Sales Uses: The following de-
finitions shall govern the interpreta-
tion of the regulation of alcohol sales
uses [Ordinance 4976, 11/23/09] The
u r, beer r wine in closed c ntiincr,,
tails, shots, wine, beer, and any part f
an arc holic beverage intended f r Ft -
ter
ter 193 of Iowa Code.
(a) Alcohol - Protected Uses: Pro-
tected uses include a building in
which a majority of floor space is
4
used for residential purposes; a
day care center where such day
care center is a principal use; a
house of worship; a public library;
an elementary, junior high or high
school (public, parochial or pri-
vate); public park; public recrea-
tion center or public specialized
recreation facility as identified in
the parks and recreation element
of the Waterloo Comprehensive
Plan; a civic/convention center; a
community residential facility; a
mission. However, this definition
shall not apply if the protected use
is a legal non -conforming use.
(b) Alcohol Sales: The sale of alcohol
and alcoholic beverages, as each
such term is defined in Chapter
123 of the IowaCode, including
but not limited to (i) liquor, beer or
wine in closed containers intended
for off-site consumption, and; (ii)
liquor, cocktails, shots wine beer
and any part of an alcoholic bev-
erage intended for on-site con-
sumption.
(c) Alcohol Sales Use: Any business
that derives income from alcohol
sales, other than (i) a restaurant
that is a limited alcohol sales use,
(ii) a club or hotel or motel as such
terms are defined- m Section 3-2-2
of the Code of Ordinances, (iii) an
open-air event of not more than
four days' duration that is open to
the general public (iv) golf
courses and publicly owned sports
complexes or facilities, or (v) non-
profit educational institutions or
museums hosting special events in
support of the organization
(bd) Limited Alcohol Sales Use:
Any Pte' ^ ed -alcohol sales use is
an
from alcohol sales as defined
above, provided that more than
PART 111
DEFINFFIONS
2A-3 DEFINITIONS
fifty (50) percent of its gross in-
come is derived from, and more
than seventy-five (75) percent of
its floor space is devoted to, the
sale of merchandise other than al-
coholic beverages ' ,
be . oholic beverage
duets,/ in either
case not including the sale of to-
bacco products, lottery tickets, or
pumped vehicle fuels such as gas-
oline, diesel and similar products,
and provided further that not
more than twenty-five (251 percent
of its gross income as so deter-
mined is derived from the sale of
alcoholic beverages other than
beer or wine. If such limited alco-
hol sales use is a restaurant, then
more than fifty (50) percent of its
gross income shall be derived
from the sale of prepared food.
(6) Alley: A public way, other than a
street, twenty (20) -feet -or lith
affording secondary means of access
to abutting property.
(6A) Animals, Farm: Animals other than
household pets, such as livestock,
that where ermitted ` are ke . t and
maintained for commercial produc-
tion and
roduc-tion"and sale, family food or by-
.roduct `:roduction and or =educa-
tional or recreational purposes.
(6B) Animals, Household Pet Includes,
but is not limited to, dogs, cats, rab-
bits, birds, hamsters, and other similar
animals kept for family enjoyment or
companionship, and not for commer-
cial ' or economic reasons. See also
"Kennel';
(6C) Animals, Livestock: Includes, but is
not limited to, horses, cows, pigs,
sheechickens and .oultr exclud-
ing roosters), goats, ostriches, rheas,
emus, farm deer, and other similar an -
(7)
5
imals that are typically raised for
meat, wool;' eggs, milk or other func-
tional or economic uses. Roosters
shall be prohibited within the City of
Waterloo.
Amendment: A change, supplement,
revision or reclassification in the Zon-
ing Ordinance. An amendment can
take three (3) forms: (1) a comprehen-
sive revision or modification of the
zoning text and map; (2) a text change
in zone requirements; and (3) a
change in the map, i.e., the zoning de-
signation of a particular parcel or par-
cels.
(8) Apartment: A living dwelling unit in
a multiple dwelling.
Apartment Hotel: A building contain-
ing both dwelling units and rooming
units, used primarily for permanent
occupancy.
(10) Apartment House: See Dwelling, Mul-
tiple.
(11) Auction Establishments: Any prop-
erty or structure devoted to public
auction or sales, two (2) or more times
a year, for selling of private property
or consigned goods, except as pro-
vided in Section 3-4A-2 of the City
Code.
(12) Repealed by Ordinance 3864, 6/3/92, see
new Subsection (100a).
(12A) Base Flood: The flood having one (1)
percent chance of being equaled or ex-
ceeded in any given year. (See One
Hundred (100) Year Flood). [Ordinance
5049, 6/20/111
(13) Basement: A story having part but
not more than one-half (1/2) of its av-
erage height below grade. A basement
is counted as a story for the purpose
of height regulations. A basement
may be used as a habitable floor sub-
ject to the requirements of the cur-
rently adopted Building Code. For
(9)
PART III
DEFINITIONS
floodplain management purposes
only, a basement shall mean any en-
closed area of a building having its
floor or lowest level below ground
level (subgrade) on all sides. [Ordi-
nance 5049, 6/20/11]
(134) Bed and Breakfast: A building other
than a hotel where, for compensation,
meals or lodging are provided on a
short-tenur basis. Short-term shall be
defined as two weeks or less.
(14) Billboard: 'Billboard" as used in this
Ordinance shall include all structures
regardless of the material used in the
construction of the same, that are
erected, maintained or used for public
display of posters, painted signs, wall
signs, whether the structure is placed
on the wall or painted on the wall it-
self, pictures or other pictorial reading
matter which advertise a business or
attraction which is not carried on or
manufactured in or upon the premises
upon which said signs or billboard are
located.
(15) Board of Adjustment: A Board, who
under appropriate conditions and sa-
feguards, makes special exceptions to
the terms of the Ordinances in har-
mony with its general purpose and in-
tent. This is to be done in accordance
with general or specific rules therein
contained and provide that any prop-
erty owner aggrieved by the action of
the City in adoption of such regula-
tions and restrictions may petition the
said Board directly to modify regula-
tions and restrictions as applied to
such property owners.
(16) Boarding or lodging House: A build-
ing other than a hotel where for com-
pensation, meals or lodging and meals
are provided for three (3) or more per -
Sons.
(17) Building: Any structure designed or
intended for the support, enclosure,
6
2A-3 DEFINITIONS
shelter, or protection of persons, ani-
mals or property, but not including
signs or billboards.
(18) Building, Height Of The vertical dis-
tance from the average grade to the
highest point of the coping of a flat
roof, or to the deck line of a mansard
roof, or to the average height of the
highest gable of a pitch or hip roof.
(19) Building Line: A line, usually fixed
parallel to the lot line, beyond which a
building cannot extend under the
terms of the Zoning Ordinance. See
also "Setback, Required".
(20) Bulk Stations: Distributing stations
commonly known as bulk or tank sta-
tions commonly used for the storage
and distribution of flammable liquids
or liquefied petroleum products
where the aggregate capacities of all
storage tanks is more than twelve
thousand (12,000) gallons. This how-
ever is not limited to flammable liq-
uids, but also could contain milk, syr-
ups, vinegars and non-flammable
chemicals.
(21) Carport: A roofed structure provid-
ing space for the parking of motor ve-
hicles and enclosed on not more than
two (2) sides. For the purposes of this
Ordinance, a carport attached to a
principal building shall be considered
as part of the principal building and
subject to all yard requirements here-
in.
(22) Car Wash: A building or portion the-
reof containing facilities for washing
automobiles or trucks, using produc-
tion -line methods with a chain con-
veyor, blower, steam -cleaning device,
or other mechanical devices or provid-
ing space, water, equipment or soap
for the complete or partial hand wash-
ing of such automobiles or trucks,
whether by operator or by customer.
PART III
DEFINITIONS
2A-3 DEFINITIONS
(23) Cellar: That portion of a building
having more than one-half (1/2) of its
average height below grade. A cellar
is not included in computing the
number of stories for the purpose of
height measurement. For the purposea
of this ordinance a cellar is not con
cidered a habitable floor A cellar may
be used as a habitable floor subject to
the�ieguirements of the currently
adopted Building Code.
(24) Channel: A natural or artificial water-
course of perceptible extent, with a
definite bed and banks to confine and
conduct continuously or periodically
flowing water. Channel flow thus is
that water which is flowing within the
limits of a defined channel.
(25) Child Day Care Center: See Day Nur-
sery or Nursery School.
(26) Clinics: A building or buildings used
by physicians and/or dentists, osteo-
paths, chiropractors and allied profes-
sions for out-patient care of persons
requiring such professional service.
(26A) Commission: Where found in this Or-
dinance, unless otherwise indicated,
this shall mean the City of Waterloo
Planning, Programming and Zoning
Commission.
(27) Common Land: A parcel or parcels of
land, together with the improvements
thereon, whether retained in private
ownership for the shared use and en-
joyment of the owners and occupants
of the individual building units in a
planned unit development, or dedi-
cated to the general public.
(28) Comprehensive Plan: The document
or series of documents prepared and
adopted by the Planning, Program
ming, and Zoning Commission and
City Council setting forth the policies
for the future growth and develop-
ment of the community. It serves as
7
the guide for many growth related
decisions, including land use changes,
zoning changes, growth management
and capital improvements program-
ming.
(29) Condominium Individual ownership
of a unit in a multi -unit structure with
certain parts of a building which
would normally be used by all occu-
pants such as yard, foundations,
basements, floors, walls, roofs, hall-
ways, stairways, elevators and all oth-
er related common elements.
(30) Conditional Zoning: The attachment
of special conditions of a rezoning re-
quest which are not specifically
spelled out in the text of the Zoning
Ordinance (Part V 'General Regula
tions; Section 2A-7 (N) General Regu
'rations, C nditional Z ning).
(31) Day Care Center, Adult: Any private
agency, institution, establishment or
place which provides supplemental
care and/or educational work, other
than lodging overnight, for six (6) or
more unrelated individuals.
(32) Day Care: Day Care, as used in this
Ordinance, shall be defined as either
Family or Group Day Care, as defined
by the Code of Iowa:
Family Day Care means a person or
program which provides child day
care to fewer than seven (7) children
at any one time or fewer than twelve
(12) children at any one time for a pe-
riod of less than two (2) hours, but
shall not do so unless the home does
not provide care at any one time for
more than six (6) children who are not
attending school full time on a regular
basis. In determining the number of
children cared for at any one time in a
registered or unregistered day care
home, if the person who operates or
establishes the home is a child's par-
ent, guardian, relative, or custodian
PART 111
DEFINITIONS
2A-3 DEFINITIONS
and the child is not attending school
full time on a regular basis, the child
shall be considered to be receiving
child day care from the person and
shnl1 be counted as one of the children
cared for in the home.
A Group Day Care means a facility
providing child day care for more
than six (6) but fewer than twelve (12)
children, with no more than six (6)
children at one time being less than
six (6) years of age. [Ordinance 3755,
12/10/90]
(32A) Deck: A non -enclosed platform struc-
ture without a solid floor or wall sys-
tem and without a roof. Said platform
will be comprised of a permeable
plank or board system for the floor-
ing. For decks located in the front
yard, if a wall is built, it will be com-
prised of a non -solid spindle or board
design with openings between boards
to provide that no more than sixty (60)
percent of the wall area is enclosed.
For decks not located in the front
yard, if a solid wall is built, it shall not
extend more than forty-two (42) inch-
es above the floor of the deck. Struc-
tures not meeting the definition of a
deck shall be considered an unen-
closed porch or an addition, and shall
meet the requirements as such. (Ordi-
nance 4386, 10/18/99]
(32B) Department of Natural Resources
(DNR): Where found in the Ordi-
nance pertaining to flood manage-
ment, this shall mean the Iowa De-
partment of Natural Resources
(IDNR), the State agency that has un-
derlying flood plain permit authority
for the State of Iowa. [Ordinance 3487,
6/15/87] [Ordinance 5049, 6/20/11]
(33) Development: Any man-made change
to improved or unimproved real es-
tate, including but not limited to
building or other structures, mining,
8
dredging, filling, grading, paving, ex-
cavation, or drilling operations.
(34) Drive -In Establishment: See Restau-
rant.
(35) Dwelling: Any building or portion
thereof which is designed or used ex-
clusively for residential purposes but
not including a tent, cabin, trailer, et
mobile home, recreational vehicle, or
similar motor vehicle.
(36) Dwelling, Multiple: A residence de-
signed for or occupied by three (3) or
more families, with separate house
keeping bathroom aril or cooking fa-
cilities for each.
(37) Dwelling, Row: Any one of two or
more attached dwellings in a continu-
ous row, each such dwelling designed
and erected as a unit on a separate lot
and separated from one another by an
approved wall or walls. Such dwell-
ings shall be required to maintain a
compatible exterior appearance of
both sides in terms of the colors and
types of siding, roofing landscaping
and other additions such as shutters,
doors, and windows. Any minor
changes shall be similar in design to
the design of the adjoining dwelling
unit. Furthermore, any type of dam-
age or destruction to the dwelling
unit, as a part or whole, which acti-
vates an insurance policy shall be first
applied to the replacement, repair,
and maintenance of the dwelling unit.
All new structures or existing con-
verted structures shall be required to
meet all applicable codes and ordi-
nances regarding building, fire, water
and utility connections, splits subdivi-
sion, etc. [Ordinance 4618, 6/16/03] For
the purposes of this Ordinance such
individual unit on a separate lot shall
not have to meet minimum > bulk re-
quirements, including lot area, lot
width, and side yard setback, how-
PART 111
DEFINITIONS
2A-3 DEFINITIONS
ever the overall row dwelling and to-
tal area for all lots to said row dwell-
ing shall meet all minimum bulk re-
quirements.
(38) Dwelling, Single -Family: A detached
residence designed for or occupied by
one family only.
(39) Dwelling, Two -Fancily: A residence
designed for or occupied by two (2)
families only, with separate houcc
keeping bathroom and or cooking fa-
cilities for each. All residences must
meet building and zonmg regulations
for .ror desi• se.aration densit
parking, etc. for the number of dwell-
ing units, 'including residences that
are converted to add additional units.
(40) Dwelling Units: A room or group of
rooms which are arranged, designed
or used as living quarters for the oc-
cupancy of one family containing
bathroom and or kitchen facilities.
(40A) Existing Construction: For floodplain
regulation only, any structure for
which the "start of construction"
commenced before 06/10185
07/03/85, the effective date of the first
floodplain management regulations
adopted by the City of Waterloo. May
also be referred to as "existing struc-
ture". [Ordinance 5049, 6/20/11]
(41) Factory -Built Structure: Any struc-
ture, designed for residential use,
which is wholly or in substantial part,
made, fabricated, formed or assem-
bled in manufacturing facilities for in-
stallation or assembly and installation,
on a building site. For the purpose of
this Ordinance, including floodplain
management, factory -built homes in-
clude mobile homes, manufactured
homes and modular homes and also
include park trailers, travel trailers
and other similar vehicles placed on a
site for greater than 180 consecutive
days. [Ordinance 5049, 6/20/11]
9
(41A) Factory -Built Home Park or Subdivi-
sion: A parcel or contiguous parcels of
land divided into two or more factory -
built home lots for rent or sale. (Ordi-
nance 3487, 6/15/87] Any such devel-
opment that will classify the struc-
tures as non -real estate will require a
Special Permit, as a mobile home park
or subdivision. [Ordinance 5049,
6/20/11]
(41B) Factory -Built Housing: A 'factory-
built structure designed for long-term
residential use. For the purposes of
these regulations, factory -built hous-
ing consists of three (3) types: modu-
lar'homes, mobile homes, and manu-
factured homes.
(42) Family: One or more persons occupy-
ing a single dwelling unit, provided
that unless all members are related by
blood, marriage, or adoption, no such
family shall contain over four (4) per-
sons. This provision shall not restrict
children under foster care or exchange
students.
(42A) Family Home: Family home providing
care for the mentally or physically de-
pendent retarded under Iowa Code
Chapter 135C or as a child foster care
facility under Iowa Code Chapter 237
to provide room and board, personal
care, rehabilitation services, and su-
pervision within a family home for
not more than eight (8) mentally or
physically dependent retarded indi-
viduals. [Ordinance 3959, 7/26/93] (Or-
dinance 4554, 6/3/02]
Family Home shall also refer to homes
for other individuals protected by the
Fair Housing Amendments Act.
(43) Farm: An area comprising thirty-five
(35) acres or more which is used for
the growing of usual farm products,
such as vegetables, fruits, and grain
and their storing on the area, as well
as for the raising thereon of the usual
PART III
DEFINITIONS
2A-3 DEFINITIONS
farm poultry and farm animals. The
term "farming" includes the operation
of such area for uses for treating or
storing the food produce, provided,
however, that the operation of any
such accessory uses shall be secon-
dary to that of the normal farming ac-
tivities and such accessory uses do not
include the feeding of garbage or offal
to swine or other animals.
(43A) Fann House: A house located on
land operated as a farm which is, or
will be, occupied by a person engaged
in agriculture on that same unit.
(43B) Farm, HobbTr: A small gathering of
farmanimals, excluding large animals
such as cattle, horses, elk, deer or sim-
ilar large animals. Such animals may
be�kept for commercial production
and sale, family food or by-product
production, and/or educational or re-
creational purposes but not as a
mary source of income.
Fast Food: See Restaurant.
Feed Lot: Any parcel of land or prem-
ises on which the principal use is the
concentrated feeding within a con-
fined area of cattle, hogs, or sheep.
(46) Fence, Residential: A barrier and/or
structure erected accessory to a resi-
dential use or in an "R" District in-
tended to provide security, mark a
boundary, or as a means of landscap-
ing with the centerline of said barrier
to Be located inside the designated
property line with no portion of fence
extending onto adjacent property or
right-of-way. Such fence shall be con-
structed of materials commonly used
for landscape fencing such as masonry
block, lumber, chain link, but shall not
include corrugated sheet metal,
barbed wire, concertina wire or simi-
lar wire, salvage material, or electri-
fied. {Ordinance 4508, 9/4/01)
(4 4)
(45)
10
(47) Fence, Non -Residential: A barrier
and/or structure erected accessory to
a non-residential use and not located
in a district other than an "R" District
intended to provide security, mark a
boundary or a means of landscaping
with the centerline of said barrier to
be 1 cated inside the designated prop-
erty Fuse no portion of fence extending
onto adjacent property or right-of-
way. provided No such fence is shall
be constructed of salvaged material or
uses barbed wire, concertina wire, or
similar wire closer than six (6) feet to
the ground except a fence used purely
for agricultural purposes. [Ordinance
4508, 9/4/01]
(48) Flood: A temporary rise in the channel
flow or stage that results in overflow
of streams or rivers or from the un-
usual and rapid runoff of surface wa-
ters from any source that results in
water overflowing and inundating
normally dry lands adjacent to the
channel. [Ordinance 3393, 6/10/85]
(49) Flood Elevation Determinations: A
determination of the water surface
elevations of the 100 Year Flood; that
is, the level of flooding that has a one
percent (1%) chance of occurrence in
any given year.
(50) Flood Insurance Rate Map (FIRM):
The official map prepared as part of
(but published separately from) the
Flood Insurance Study which deline-
ates both the flood hazard areas and
the risk premium zone applicable to
the community. (Ordinance 3393,
6/10/85]
(51) Flood Insurance Study (FIS): A study
initiated, funded and published by the
Federal Insurance Administration for
the purpose of evaluating in detail the
existence and severity of flood haz-
ards, providing the City with the nec-
essary information for adopting a
PART III
DEFINITIONS
2A-3 DEFINITIONS
flood plain management program;
and establishing actuarial flood insur-
ance rates. [Ordinance 3393, 6/10/851
(52) Flood Plain: The relatively flat area of
low lands adjoining the channel of a
river, stream, or watercourse which
has been or may be covered by flood-
water.
(53) Flood Plain Management: The opera-
tion of an overall program of correc-
tive and preventive measures for re-
ducing flood damage, including but
not limited to emergency prepared-
ness plan, flood control works and
flood plain management regulations.
(54) Flood Protection System: Those
physical structural works constructed
specifically to modify flooding in or-
der to reduce the extent of the area
within a community subject to a "spe-
cial flood hazard." Such a system typ-
ically includes levees or dikes. These
specialized modifying works are those
constructed in conformance with
sound federal engineering standards.
(55) Flood Proofing: Any combination of
structural and non-structural addi-
tions, changes or adjustments to struc-
tures, including utility and sanitary
facilities, which would preclude the
entry of water. Structural components
shall have the capability of resisting
hydrostatic and hydrodynamic loads
and the effect of buoyancy.
(56) Floodway: The channel of a river or
stream and those portions of the flood
plains adjoining the channel, which
are reasonably required to carry and
discharge flood waters or flood flows
associated with the Regulatory Flood,
so that confinement of flood flows to
the floodway area will not result in
substantially higher flood levels and
flow velocities. [Ordinance 3393,
6/10/85]
(57) Floodway Fringe: The land adjacent
to a body of water between the
Floodway and the outer (landward)
limits of the flood as defined by the
Regulatory Flood as delineated on the
official flood plain zoning map. [Ordi-
nance 3393, 6/10/85]
(58) Floor Area: Is the area included with-
in the surrounding exterior walls of
building or portion thereof, exclusive
of vent shafts and courts. The floor
area of a building, or portion thereof,
not provided with surrounding exte-
rior walls shall be the useable area
under the horizontal projection of the
roof or floor above.
(59) Floor Area Ratio: The gross floor area
of all buildings on a lot divided by the
lot area on which the building or
buildings are located.
(60) Foster Child Care: Care and educa-
tion of not more than five (5) children
unrelated to the residents by blood or
adoption.
(61) Front Lot Line: The narrowest di-
mension of the lot lines abutting a
street, or the lot line that the principal
structure faces if no lot line abuts a
street, pubhc or private. For double
frontage lots, the front lot line shall be
the street lot line that the principal
structure faces or is addressed from.
(61A) Gaming Facility: A facility for the use
of gaming, pari-mutuel gaming, gam-
bling, and/ or the entertainment
through use of games, including but
not limited to, poker, roulette, slot
machines, blackjack, and other games
of chance, etc. This definition shall in-
clude those gaming facilities both li-
censed by the State of Iowa Racing &
Gaming Commission and other gam-
ing facilities which may not be li-
censed by the State of Iowa Racing &
Gaming Commission. [Ordinance 4735,
10/18/04]
11
PART 1l1
DEFINITIONS
(62) Garage, Private: An enclosed struc-
ture intended for and used for the
parking of the private motor vehicles
of the families resident upon the pre-
mises. For the purposes of this Ordi-
nance, a garage attached to a principal
structure shall be considered as part
of the principal structure and subject
to all yard requirements contained
herein.
(63) Gas Stations: Any building or prem-
ises used for the retail sale of liquefied
petroleum products for the propul-
sion of motor vehicles and may in-
clude such products as kerosene, fuel
oil, packaged naphtha, lubricants,
tires, batteries, anti -freeze, motor ve-
hicle accessories, and other items cus-
tomarily associated with the sale of
such products; for the rendering of
services and making of adjustments
and replacement to motor vehicles,
and the washing, waxing, and polish-
ing of motor vehicles, as incidental to
other services rendered; and the mak-
ing of repairs to motor vehicles except
those of major type. Repairs of a major
type are defined to be spray painting,
body, fender, clutch, transmission, dif-
ferential, axle, spring and frame re-
pairs, major overhauling of engines,
requiring the removal of engine cylin-
der head or crankcase pan, repairs to
radiators requiring the removal
thereof, or complete recapping or re-
treading of tires.
(64) Group Home
A facility that is not regulated under
Chapters 135C or 237 of the Iowa
Code or other state law and which,
regardless of size, provides living ar-
rangements with shared use of kitch-
en and/or bathrooms for more than
eight (8) individuals not related to the
owner, tenant or administrator within
the third degree by blood, marriage or
adoption and who either are (a) re -
12
2A-3 DEFINITIONS
ceiving fireouently recurring personal
assis tance and/ or daily -living activi-
ties from home or community-based
services because they are unable to
adequately or properly care for them-
selves by reason of physical or mental
disability, illness or disease, (b) in
need of temporary' housing due to
abuse, homelessness or emergency
need or (c)' a group of eople who do
not meet the definition of family un-
der this. Ordinance but who occupy a
single dwelling 'unit as a single
housekeeping uru •
ung, or is not licensed under 135C or
gardlcss of
size. A group home shall also include
substance abuse facilities and juvenile
centers, but does not include a bed
and breakfast, boarding or lodging
house, rooming house, or halfway
(rehabilitation) house, as such terns
may be defined in this Ordinance. A
group home may be one of the follow-
ing types:
(a) Voluntary supervised. This group
home is occupied by individuals
not placed therein involuntarily
and shall be supervised 24 hours a
day, 7 days a week, and the or-
ganization needs to demonstrate
funding for such supervisory per-
sonnel. [Ordinance 4554, 6/3/02]
(bJ
Voluntary Unix -
supervised». A facility that pro -
This group home is
occupied by individuals not
placed therein involuntarily and
PART III
DEFINI'T'IONS
2A-3 DEFINITIONS
lacks 24-hour supervision. [Ordi-
nance 4554, 6/3/02]
(c)
(613) Croup Home-4lnvoluntary
Ssupervisedh. •
vides living al
more than-eigl
rangcments for
censed under 135C or 237 of the
Ic va-Co
substance abuse facilities' and ju
venile centers. This group home
shall be supervised 24 hours a
day, 7 days a week, and the or-
ganization needs to demonstrate
funding for such supervisory per-
sonnel. For this definitionSeetien,
"involuntary" means thatchall be
defined' as !someone in a legal -po-
sition of legal authority has sent
the individual(s) to the group
home=. [Ordinance 4554, 6/3/02]
(65) Habitable Floor: Any floor used for
living, which includes working, sleep-
ing, eating, cooking or recreation or
combination thereof. A floor used on-
ly for storage purposes is not a "hab-
itable floor."
(66) Halfway (Rehabilitation) House: An
establishment for adolescents con-
victed as adults or adults who are
serving a deferred judgment, are in a
pre-trial status, or have been institu-
tionalized or jailed for various reasons
and released to a facility that provides
shelter, supervision and short-term
rehabilitative services; usually not li-
censed by state or local agency but
may be subject to provisions of local
building and health codes. Facility
usually sponsored by health or wel-
fare agency, or sectarian organization.
[Ordinance 4554, 6/3/02]
(67) Health/Sport Clubs: A non-medical
service establishment intended to
maintain or improve the physical
condition of persons. Contains exer-
cise facilities, game equipment, steam
baths, saunas, tanning equipment
and/or similar facilities.
(67A) Historic Structure: [Ordinance 4125,
9/11/95]
Any structure that is:
1. Listed individually in the National
Historic Register of Historic Places
(a listing maintained by the De-
partment of Interior) or prelimi-
narily determined by the Secretary
of the Interior as meeting the re-
quirements for individual listing
on the National Register;
2. Certified or preliminarily deter-
mined by the Secretary of the Inte-
rior as contributing to the historic
significance of a registered historic
district or a district preliminarily
determined by the Secretary to
qualify as a registered historic dis-
trict;
3. Individually listed on the State In-
ventory of Historic Places;
4. Individually listed on the local in-
ventory of historic places.
(68) Home Occupation: A home occupa-
tion is an accessory use of a dwelling
unit, conducted entirely within the
dwelling unit, carried on by one or
more persons, all of whom reside
within the dwelling unit and where
no persons living outside the home
are employed other than resident and
domestic help. The use is clearly inci-
dental and secondary to the use of the
dwelling for residence purposes and
does not change the character thereof
or adversely affect the uses permitted
in the residential district of which it is
a part. There shall be no outside stor-
age of any kind; and any indoor stor-
age, construction, alterations, or elec-
13
PART III
DEFINITIONS
trical or mechanical equipment used
shall not change the fire rating of the
structure of the fire district in which
the structure is located. The use may
increase vehicular traffic flow and
parking by no more than one addi-
tional vehicle at a time. It shall not
cause an increase in the use of one or
more utilities (water, sewer, electric-
ity, telephone, or garbage) so that the
combined total use of dwelling and
home occupation purposes of the one
or more utilities exceeds the average
for residences in the neighborhood.
When a use is a home occupation, it
means that the owner, lessee, or other
persons who have a legal right to the
use of the dwelling unit also have the
vested right to conduct the home oc-
cupation without securing special
permission to do so. However, such
person shall be subject to all condi-
tions, which are applied in this Ordi-
nance generally, such as off-street
parking, and to all other permits re-
quired under the City code, such as
Building Permits and Business Li-
censes.
(69) Hotel: A building containing twenty
(20) or more individual sleeping
rooms or suites having each a private
bathroom attached thereto for the
purpose of providing overnight lodg-
ing facilities to the general public for
compensation with or without meals
excluding accommodation for em-
ployees and in which ingress and
egress to and from all rooms is made
through an inside office or lobby su-
pervised by a person in charge at all
hours. Where a hotel is permitted as
principal use, all uses customarily and
historically an accessory thereto for
the comfort, accommodation and en-
tertainment of the patron, including
the service of alcoholic beverages shall
be permitted. [Ordinance 3050, 11/1/79]
14
2A-3 DEFINITIONS
(70) Junk Yard: See Recycling Junk or
Salvage Yard Any area where waste,
bought, sold, exchanged, baled or
bile, tractor or machinery wrecking
materialsas
of manufacturing
tors storage yards.
(71) Junk Vehicle, Salvage Vehicle: A mo-
tor vehicle or other vehicle, or portion
thereof not in running condition or
not licensed for the current year as
provided by law. No junk vehicle
shall be kept, stored, or otherwise lo-
cated anywhere except in an enclosed
building or in an approved and li-
censed auto recycling, junk or salvage
yard.
(71A) Juvenile Center: See Group Home
(Supervised or Unsupervised) [Ordi-
nance 4554, 6/3/02]
(71B) Juvenile Detention Center: See Half-
way (Rehabilitation) House [Ordinance
4554, 6/3/02]
(72) Kennel: Any building or lot on which
four five (4 5) or more dogs or five (5)
or more cats six (6) months old or old-
er are housed, bred, boarded, trained,
groomed or sold. This would allow
for up to 4 dogs and up to 4 cats in a
residential setting.
(73) Kennel, Boarding: A place or estab-
lishment other than a pound or ani-
mal shelter where dogs or cats not
owned by the proprietor are shel-
PART III
DEFINITIONS
2A-3 DEFINITIONS
tered, fed and watered in return for a
consideration.
(74) Lot: For the purposes of this Ordi-
nance, a lot is a parcel of land of at
least sufficient size to meet minimum
zoning requirements for use, coverage
and area to provide such yards and
other open space as are herein re-
quired. Such lot shall have frontage on
a public street or private street and
may consist of: (a) a single lot of re-
cord; (b) a portion of a lot of record;
(c) a combination of complete lots of
record; of complete lots of record and
portions of lots of record; or of por-
tions of Lots of record; and (d) a parcel
of land described by metes and
bounds; provided that in no case of
division or combination shall any res-
idential lot or parcel be created which
does not meet the requirements of this
Ordinance; and further provided that
any lots created after January 1, 1978
shall be done so in conformance with
the Waterloo Subdivision Ordinance
and Chapter 409 of the Code of Iowa.
A lot may also be referred to as a
ro er
(75) Lot, Corner: A lot abutting upon two
(2) or more streets at their intersec-
tion.
(76) Lot Depth: The mean horizontal dis-
tance between the front and rear lot
lines. In the case of a corner lot, the lot
depth is the greater of the mean hori-
zontal distances between the front lot
lines and the respective side lot line
opposite each.
Lot, Double Frontage: A lot having a
frontage on two (2) non -intersecting
streets, as distinguished from a corner
lot.
(78) Lot, Interior: A lot other than a cor-
ner lot.
(77)
(79) Lot, Lines: The property lines bound-
ing a lot.
(80) Lot of Record: A lot which is a part of
a subdivision recorded in the Office of
the County Recorder of Black Hawk
County prior to February 3, 1969, or a
lot or parcel described by metes and
bounds prior to February 7 3 1969,
the description of which has been so
recorded.
(81) Lot Width: The width of a lot meas-
ured at the required building line and
at right angles to its depth.
(82) Lot; Reversed Frontage: A corner lot,
whose 'frontage is considered along
the longer dimension street frontage
(82A) Lowest Floor: The floor of the lowest
enclosed area in a building including
a basement or cellar, except when all
the following criteria are met:
(a) The enclosed area is designed to
flood to equalize hydrostatic pres-
sure during floods with walls or
openings that satisfy the provi-
sions of Section V A 4.a 2A-
41A(2)(m); and,
(b) The enclosed area is unfinished
(not carpeted, dry walled, etc.)
and used solely for low damage
potential uses such as building ac-
cess, parking or storage; and
(c) Machinery and service facilities
(e.g., hot water heater, furnace,
electrical service) contained in the
enclosed area and located at least
one (1) foot above the 100 -year
flood level; and
(d) The enclosed area is not a "base-
ment" or "cellar" as defined in this
Section.
15
PART Ill
DEFINITIONS
In cases where the lowest enclosed
area satisfies criteria a, b, c, and d
above, the lowest floor is the floor
of the next highest enclosed area
that does not satisfy the criteria
above. [Ordinance 3487, 6/15/87]
(83) Main Body: Is the area included with-
in the surrounding exterior walls of
the dwelling. Used for living, sleep-
ing, eating, cooking, recreation or a
combination thereof.
(84) Manufactured Home: A factory -built
single-family structure, which is man-
ufactured or constructed under the
authority of 42 U.S.C. Sec 5403, Na-
tional Manufactured Home Construc-
tion and Safety Standards Act of 1974,
and is to be used as a place for human
habitation, but which is not con-
structed with a permanent hitch or
other device allowing it to be moved
other than for the purpose of moving
it to a permanent site, and which does
not have permanently attached to its
body or frame any wheels or axles. A
mobile home is not a manufactured
home, unless it has been converted to
real property and is taxed as a site -
built dwelling. For the purposes of
these regulations, a manufactured
home built after June 15, 1976, shall
bear the seal certifying that it is in
compliance with the National Manu-
factured Home Construction and Safe-
ty Standards Act of 1974. For the pur-
pose of these regulations, manufac-
tured homes shall be subject to the
same standards as site -built dwell-
ings.
(84A) Mean Sea Level: Where found in the
Ordinance pertaining to flood man-
agement, this shall mean National
Geodetic Datum. [Ordinance 3487,
6/15/87]
(84B) Mini -storage: The commercial rental
of multiple storage spaces on a single
16
2A-3 DEFINITIONS
site. Such developments generally
have multiple exterior doors for sepa-
rate entrance to individual rental
spaces. [Ordinance 4683, 4/12/04]
(85) Modular Home: Factory -built housing
certified as meeting the State Building
Code as applicable to modular hous-
ing. For the purposes of these regula-
tions, once certified by the State,
modular homes shall be subject to the
same standards as site -built dwell-
ings.
(86) Mobile Home: Any vehicle without
motive power used or so manufac-
tured or constructed as to permit its
being used as a conveyance upon the
public streets and highways and so
designed, constructed or recon-
structed as will permit the vehicle to
be used as a place for human habita-
tion by one or more persons; but shall
include any such vehicle with motive
power not registered as a motor vehi-
cle in Iowa. A mobile home shall not
be construed to be a travel trailer or
other form of recreational vehicle. A
mobile home shall be construed to
remain a mobile home, subject to all
regulations applying thereto whether
or not wheels, axles, hitch or other
appurtenances of mobility are re-
moved and regardless of the nature of
the foundation provided. Nothing in
this Ordinance shall be construed as
permitting a mobile home in other
than an approved location, as speci-
fied in this Ordinance (see Section 2A-
48 (M)). A mobile home shall not be
used as an accessory structure. Where
found in this Ordinance pertaining to
flood management, this shall also
mean factory -built homes. [Ordinance
3487, 6/15/87]
(87) Mobile Home Parks or Subdivisions:
Any lot or portion of a lot upon which
two (2) or more mobile homes or trail-
ers occupied for dwelling or sleeping
FART 111
DEFINITIONS
2A -3 DEFINITIONS
purposes are located regardless
whether or not a charge is made for
such accommodation. Where found in
the Ordinance pertaining to flood
management, this shall also mean fac-
tory -built home parks or subdivisions.
[Ordinance 3487, 6/15/87] The location
or develoiment of a mobile home
subdivision shall only be
emitted u.on the issuance of a S
cial Permit by the Board of Adjust-
ment after review by the Commission:
This shall also include, a factory -built
home park or subdivision if the struc-
tures are not classified as real estate.
(88) Motel: A building or group of build-
ings which: (a) contains living or
sleeping accommodations and (b) has
individual entrances from outside the
building to serve each living or sleep-
ing unit. Where a motel is permitted
as a principal use, all uses customarily
and historically accessory thereto for
the comfort, accommodation and en-
tertainment of the patron, including
the service of alcoholic beverages shall
be permitted. [Ordinance 3050, 11/1/79]
[Ordinance 4592, 1/6/03]
(89) New Construction (new buildings,
new factory -built home parks): For
floodplain management purposes on-
ly, those structures or development
for which the start of construction
commenced on or after July 3, 1985.
[Ordinance 3393, 6/10/85] [Ordinance
5049, 6/20/11]
(90) Non -Conforming Use: Any building
or land lawfully occupied by use as of
the adotion of an zoninordinance
or amendment theretoa—the-�
f
.e^to which does not conform
after the adoption} aasage of this said
()ordinance or amendment or ne
with the regula-
tions of the district in which it is situ-
ated. (Existing Improvements con -
structed after the adoption of a zoning
ordinance or amendment thereto
which do not meet required parking
and loading regulations, height regu-
lations, area regulations and residen-
tial flood area regulations for the dis-
trict in which they are located are not
non -conforming uses as defined
above.) The date on which a lot,
structure, use of land and structure, or
characteristics of use became or be-
comes non -conforming is referred to
in this Ordinance as the "date of non-
conformity."
(91) Nursing or Convalescent Home: A
building or structure having accom-
modation and where care is provided
for invalid, infirm, aged, convalescent,
Of physically disabled, or injured per-
sons, not including insane and other
mental cases, inebriate, or contagious
cases.
(92) Obstruction: Any dam, wall, wharf,
embankment, levee, dike, pile, abut-
ment, projection, excavation, channel,
rectification, bridge, conduit, culvert,
building, wire, fence, rock, gravel,
junk, solid waste refuse, fill or other
analogous structure or matter in,
along, across or projecting into any
floodway which may impede, retard,
or change the direction of the flow of
water, either in itself or by catching or
collecting debris carried by such wa-
ter, or that is placed where the natural
flow of the water would carry the
same downstream to the damage or
detriment of either life or property.
(93) Official Flood Plain Zoning Map:
The maps on file with City of Water-
loo that indicate those portions of land
known as the Floodway, Floodway
Fringe, General Flood Plain and Shal-
low Flooding which are subject to the
regulations of this Ordinance. [Ordi-
nance 3393, 6/10/85]
17
PART III
DEFINITIONS
(94) One Hundred (100) Year Flood: A
flood, the magnitude of which has a
one (1) percent chance of being
equaled or exceeded in any given year
or which, on the average, will be
equaled or exceeded at Least once
every one hundred (100) years. (Ordi-
nance 5049, 6/20/11]
(95) Overlay District: A district which
acts in conjunction with the underly-
ing zoning district or districts.
(96) Parking Lot, Off -Street: A parcel of
land devoted to unenclosed parking
spaces for more than five (5) vehicles,
plus necessary maneuvering space for
the parking of a motor vehicle. Space
for maneuvering, incidental to park-
ing or unparking, shall not encroach
upon any public right-of-way.
(97) Parking Space: An area of not less
than one hundred sixty-two (162)
square feet plus necessary maneuver-
ing space for the parking of a motor
vehicle. Space for maneuvering, inci-
dental to parking or unparking, shall
not encroach upon any public right-
of-way.
(98) Planned Unit Development: A tract of
land planned and developed as an in-
tegrated unit under single ownership
or control. Control in this context
may, in addition to single ownership,
be vested in partnerships, corpora-
tions, syndicates or trusts comprised
of owners of separate and contiguous
tracts of land who join together in a
good and sufficient agreement for the
purposes of developing their respec-
tive properties according to one inte-
grated plan.
(99) Porch, Unenclosed: A roofed projec-
tion which has no more than fifty six -
(50 60) percent of each outside wall
area enclosed by a building or siding
material other than meshed screens.
If said unenclosed porch extends over
18
2A-3 DEFINITIONS
a requiredfrond or rear setback as
provided herein then the outside wall
shall be a non solid wall utilizing a
spindle or board design with open-
ings between boards to provide that
no more than sixty (60) percent of the
wall area is enclosed, or a solid wall
when extending not more than forty-
two (42) inches above the floor of the
porch.
(99,4) Principal Permitted` Use: The main
use of land or structures, as distin-
guished from a secondary or acces-
sory use, or Special Permit use.
(99B) Public Utilitn1: Public or uasipublic
distributing or operating equipment
for related services for telephone, ca-
ble television, electricity, gas, sewer
and water, and other essential' com-
modities or services such as transpor-
tation or communication. This in-
cludes privately owned structures and
equipment when used to provide an
essential commodity or service to the
public.
(100) Rear Lot Line: Ordinarily that line of
a lot which is opposite and farthest
from the front lot line. In triangular or
other odd -shaped lots the rear lot
lines shall be defined determined by
the City Planner
or designee.
(100A) Recycling, funk or Salvage Yard: Any
place where materials that would oth-
erwise be considered waste, are col-
lected, separated, or processed to be
used as raw materials. Materials
would include, but not be limited to:
scrap iron or other metals, motor ve-
hicles not in running condition and
not being actively restored to running
condition, parts of vehicles, plastic
bottles or containers, rags, paper and
cardboard, glass and tires. [Ordinance
3864, 6/3/92] This would also "include
any area where waste, discarded, or
PART III
DEFINITIONS
2A-3 DEFINITIONS
salvaged materials are bought, sold,
exchan_ed baled or •asked 'disas-
sembled, kept, stored or handled, in-
cludin• house'wreckin_' aids used
lumber yards and places or yards for
storage of salvaged house wrecking
and structural steel 'materials and
equipment, but not including areas
where such uses are conducted en-
tirely within a completely enclosed
buildin• and not includin• the .roc-
essing of used, discarded or salvaged
materials as part of manufacturing
operations, and not including contrac-
tors storage yards, and not including
rubble fill deposited on property in
compliance with 4-3B of the Code of
Ordinances.' 'For the purpose of this
Ordinance, the term "actively restored
to running condition m other than a
recycling, junk or salvage yard shall
mean if within the last thirty (01 days
the owner of the business or premises
on which the` vehicle `is located has
spent at least ten (10) hours of labor in
the 'repairing, rebuilding or recon-
stiuction oft the motor vehicle. The
burden shall be on the owner to prove
that it is being actively restored which
may include receipts for the purchase
of parts and supplies during the last
thirty (30) days which have been in-
stalled in the vehicle. This exception
for motor vehicles being actively re-
stored shall not extend to vehicles
from which parts are being taken to
restore another vehicle. Parts being
used in the restoration of a motor ve-
hicle must be stored, in an enclosed
building while restoration work is not
takin• .lace. For the 'our .oses of this
Ordinance, the term "recycling' yard"
shall include a "junk yard", "salvage
yard", or "auto salvage yard".
(100B) Recreational Vehicle: [Ordinance 4125,
9/11/95]
A vehicle which is:
(1
1. Built on a single chassis;
2. 400 square feet or less when
measured at the largest horizontal
projection (this provision is for
floodplain management purposes
only); [Ordinance 5049, 6/20/111
3. Designed to be self-propelled or
permanently towable by a light
duty truck; and
4. Designed primarily not for use as
a permanent dwelling but as tem-
porary living quarters for recrea-
tional, camping, travel or seasonal
use.
01) Regulatory Flood: A flood which is
representative of large floods known
to have occurred generally in the area
and reasonable characteristic of what
can be expected to occur in a particu-
lar stream. The regulatory flood has a
frequency of approximately 100 years
determined from an analysis of floods
on a particular stream and other
streams in the same general region.
(102) Regulatory Flood Protection Eleva-
tion: The elevation to which uses re-
gulated by this Ordinance are re-
quired to be elevated or floodproofed.
(103) Restaurants:
(a) Drive -In Establishment: An estab-
lishment which by design or phys-
ical facilities or by service or pack-
aging procedures, encourages or
permits customers to receive or
obtain a product which may be
used or consumed in an automo-
bile on the premises or to be enter-
tained while remaining in an au-
tomobile. This term does not in-
clude sidewalk or patio cafes
where service is provided to tables
only.
(b) Fast Food Type: Where customers
are normally served their food or
beverages in disposable containers
19
PART III
DEFINITIONS
for consumption on the premises
or within a motor vehicle.
(c) Fast Casual Type: t Where custom-
ers are normally served at the
same table or counter at which
items are consumed but customers
are served with disposable dishes
and cutlery which are expected to
be disposed of by the customer.
(d) Standard Type: Where customers
are normally provided with an in-
dividual menu and are served
their food or beverages by a res-
taurant employee at the same ta-
ble or counter at which said items
are consumed.
(104) Rooming House: A building where a
room or rooms are provided for com-
pensation to three (3) or more per-
sons.
(105) Rubble Fill: Material or refuse such as
dirt, rock, stone, brick or similar inor-
ganic material. [Ordinance 3590,
10/17/88]
(105A) Rubble Disposal Site or Rubble Fill
Site: The premises where rubble fill is
placed, set down or deposited for the
purpose of, or which has the result or
effect of changing the existing contour
or raising the elevation of said land
with 25 cubic yards or more of fill. A
fill site is also where the own-
er/operator advertises "fill wanted"
regardless of the volume. Temporary
above -ground storage during con-
struction and rubble fill in conjunction
with an approved development plan
would not be considered a rubble dis-
posal site or rubble fill site. [Ordinance
3590, 10/17/88]
(105B) Salvage Yard: See Recycling, funk or
Salvage Yard.
_(105C) Screen: A wall or fence or area of
planting that provides an effective
visual barrier. For a single row the
20
2A-3 DEFIN TIONS
screen shall consist of Spruce, Firs, or
Pines spaced at a maximum spacing
of 15 feet or a double staggered row of
Spruce, Firs, or Pine spaced at a max-
imum spacing of 20 feet within each
row; for Arborvitae and juniper the
spacing shall be a double staggered
row with maximum spacing of 10 feet
within each row, or a single row with
maximum spacing of 6 feet. In the
case of a wall or fence, it shall be solid
with a minimum height of six (6) feet;
in the case of plantings, the minimurn
height shall be four (4) feet at the time
ofnlanting. Alternativelantin s and
spacings may be approved by the City
Planner or designee and still consti-
tute a screen.
(106) Setback: The minimum distance be-
tween the street lot line and the font
line foundation of a building or any
projection thereof, excluding the pro-
jection of the usual steps, overhanging
balconies or other ordinar ro ec-
tions in accordance with 2A-48 (F) or
and unenclosed porches and decks in
accordance with 2A-48 (G) and other
necessary approaches to the building.
(106A) Setback, Average: Averaging the set-
back distance of one or more existing
structures to modify the required set-
back as stated in the yard require-
ments for a' particular district as pro
vided in Section 2A-7 fH).
(107) Setback Line: A building line which
determines the minimum location of a
building or structure with respect to
any street lot line based on the re-
guired setback.
(107A) Setback, Required: The setback as
stated in the yard requirements for a
particular district, except as modified
by the average setback requirement or
other requirement of this Ordinance.
See also "Building Line".
PART III
DEFINITIONS
(108) Side Lot Lines: Any lot lines which
meet the end of a front lot line.
(109) Sign: Any structure or device de-
signed or intended to convey informa-
tion to the public in written or picto-
rial form for the purpose of bringing
the subject thereof to the attention of
the public. Flags displayed from flag-
poles or staffs will not be considered
to be signs. See Off Premise Outdoor
Advertising Signs and Billboards Sec-
tion 2A-47. [Ordinance 4724, 9/20/04] (1
(109A) Site Plan Amendment: A chan in
"• armed" or site
the site
an s
.
•
lan of an
e
after the
ecific tonin_ district
roved the s
Council has a
The R P, C -Z S-1 C -P, B -P and M -2 ,P
District re
which shall be a
minor Site Plan Amendment or moor
Site Plan Amendment as provided m
this Ordinance.
(110) Repealed by Ordinance 4724, 9/20/04.
(111) Repealed by Ordinance 4724, 9/20/04.
(112) Repealed by Ordinance 4724, 9/20/04.
(113) Site Plan: A plan, to scale, showing
uses and structures proposed for a
parcel of land as required by the regu-
lations involved. It includes lot lines,
streets, building sites, reserved open
space, building, major landscape fea-
tures, and the location of proposed
utility lines.
(113A) Special Flood Hazard Area: The land
within a community subject to the
"100 -year flood". This land is identi-
fied as Zone A, AH, AO or AE on the
Flood Insurance Rate map. [Ordinance
5049, 6/20/11]
(114) Special Permit: A use allowed in any
district, where permitted by this Or-
dinance, after a public hearing by the
Board of Adjustment and recommen-
dation of the
and Zoning Commission, that meets
..
to
.
lan.
uire Site Plan Amendment
..roved as either a
2A-3 DEFINITIONS
the necessary conditions and safe-
guards for its operationincludinf a
ublic'or rivate use which .ossesses
•
um ue characteristics that ma affect
the commuru or sunoundin
and therefore deserves s.ecialconsid-
mission'befo
also be re-
•
a
ea
eration and
established.' Such use ma
ferred to as a "s.ecial exce tion " "use
tion" or "conditional use". [Or-
dinance 4735, 10/18/041
15) Stable, Private: A building or struc-
ture used or intended to be used for
housing horses belonging to the own-
er of the property only for non-
commercial purposes.
16) Stable, Public and Riding Academy:
A building or structure used or in-
tended to be used for the housing on-
ly of horses on a fee basis. Riding in-
structions may be given in connection
with a public stable or riding acad-
emy.
Stable, Riding Club: A building or
structure used or intended to be used
for the housing only of horses by a
group of persons for non-commercial
purposes.
117A) Start of Construction: Includes sub-
stantial improvement, and means the
date the development permit was is-
sued, provided the actual start of con-
struction, repair, reconstruction, reha-
bilitation, addition, placement, or oth-
er improvement, occurs within 180
days of the permit date. The actual
start means either the first placement
or permanent construction of a struc-
ture on a site, such as pouring of a
slab or footings, the installation of
pile, the construction of columns, or
any work beyond the stage of excava-
tion; or the placement of a factory -
built home on a foundation. Perma-
nent construction does not include
land preparation, such as clearing,
.
e
e bein
exce
(1
(117)
(
21
PART Ill
DEFINITIONS
grading or filling; nor does it include
the installation of streets and/or
walkways; nor does it include excava-
tion for a basement, footings, piers, or
foundations or the erection of tempo-
rary forms; nor does it include the in-
stallation on the property of accessory
buildings such as garages or sheds not
occupied as dwelling units or not part
of the main structure. For a substan-
tial improvement, the actual start of
construction means the first alteration
of any wall, ceiling, floor or other
structural part of the building, wheth-
er or not that alteration affects the ex-
ternal dimensions of the building.
[Ordinance 5049, 6/20/11]
(118) Story: That portion of a building in-
cluded between the surface of any
floor and the surface of the floor next
above it, or if there be no floor above
it, then the space between the floor
and the ceiling or roof next above it.
(119) Story, Half A space under a sloping
roof which has the line of intersection
of roof decking and wall face not more
than four (4) feet above the top floor
level.
(120) Street Line: The right-of-way line of a
street.
(121) Street, Private: Any private way,
which has not been dedicated to the
public or deeded to the City for street
purposes and has been approved by
the City Council after recommenda-
tion by the
ming—and-Zexittg Commission and
City Engineer.
(122) Street, Public: Any thoroughfare or
public way which has been dedicated
to the public or deeded to the City for
street purposes and which has been
approved by the City Council after
recommendation by the
Commission and the City Engineer.
22
2A-3 DEFINITIONS
(122A) Strip Development or Strip Mall: Any
conunercial development, including
professional office, where multiple
uses or units are designed and erected
as individual buildings attached in a
continuous row. Any type of damage
or destruction to the structure, as a
part or whole, which activates an in-
surance policy shall be first applied to
the replacement, repair, and mainte-
nance of the structure. Such struc-
tures shall be permitted in any Zoning
District where the proposed use or
uses are a permitted use. In addition,
the uses or units within the overall
structure shall be permitted on sepa-
rate lots with diverse ownership when
separated from one another by an ap-
proved wall or walls, and shall not be
required to meet the side yard setback
requirements of the district in which it
is located where the structure abuts
another use or unit. All new struc-
tures or existing converted structures
on separate lots with diverse owner-
ship shall be required to meet all ap-
plicable codes and ordinances regard-
ing building, fire, water and utility
connections, drainage, subdivision,
etc., and shall provide permanent
cross easements for access, parking,
and utilities and permanent mainte-
nance agreements for shared infra-
structure, such as the parking and ve-
hicular use areas, storm water deten-
tion, utility connections, etc. [Ordi-
nance 4774, 06/06/05]
(123) Structural Alterations: Any replace-
ment or changes in the types of con-
struction or in the supporting mem-
bers of a building such as bearing
walls or partitions, columns, beams,
or girders, beyond ordinary repairs
and maintenance.
(124) Structure: Anything constructed or
erected including, but not limited to,
buildings, mobile homes, factory built
PART III
DEFINITIONS
2A-3 DEFINITIONS
horns, fences, billboards and signs.
[Ordinance 4725, 09/20/041
(124A) Structure, Height of The vertical dis-
tance from the average 'grade to the
highest point. See "Building, Height
Of' for buildings.
(124B) Structure, Principal: The main or pri-
mary structure ` on a lot used or in-
tended for use for aprincipal use.
This shall not prohibit more than one
principal structure on a lot if all other
requirements of this Ordinance are
met.
(124AC) Substance Abuse Facility: See
Group Home (Supervised or Unsu-
pervised) [Ordinance 4554, 6/3/021
(124BD) Substantial Damage: Damage of
any origin sustained by a structure
whereby the cost of restoring the
structure to its before damage condi-
tion would equal or exceed 50% of the
market value of the structure before
the damage occurred. [Ordinance 3810,
8/19/91]
(125) Substantial Improvement: Any im-
provement to a structure which satis-
fies either of the following criteria: 1.)
Any repair, reconstruction, rehabilita-
tion, addition or improvement of a
structure, the cost of which equals or
exceeds 50% of the market value of
the structure either (a) before the start
of construction of the improvement,
or (b) if the structure has been sub-
stantially damaged and is being re-
stored, before the damage occurred.
The term does not, however, include
either (1) any project for improvement
of a structure to correct existing viola-
tions of state or local health, sanitary
or safety code specifications which
have been identified by the local code
enforcement officer and which are the
minimum necessary to assure safe liv-
ing conditions or (2) any alteration
will not preclude the structure's con -
23
tinued designation as a "historical
structure." [Ordinance 3810, 8/19/91]
2.) Any addition that increases the
original floor area of a building by 25
percent or more. All additions con-
structed after July 3, 1985 shall be
added to any proposed addition in
determining whether the total in-
crease in original floor space would
exceed 25 percent. [Ordinance 5049,
6/20/11]
(126) Summer Cottage: A single _ family
dwelling for seasons or temporary oc
cupancy only, and not permanently
occupied as a family residence during
any entire year.
(127) Tourist Home: A residential buil-el-Mg
in which rooms arc available for rental
purposes as overnight sleeping ac
sicnts.
(128) Trailer: See "Mobile Home."
(129) Trailer Park: See "Mobile Home
Park."
(130) Used Car Lot: A designated location
wherein proper and adequate facilities
shall be maintained for displaying, re-
conditioning and repairing any motor
vehicle of a type subject to registration
under the laws of the State of Iowa.
(131) Use, Principal: The main or primary
purpose for which a building, struc-
ture or lot is designed, arranged, or
intended, or for which they may be
used, occupied, or maintained under
this Ordinance.
(132) Variance: A device which grants a
property owner relief from certain
provisions of this Ordinance which
the Board of Adjustment is permitted
to grant in cases where strict enforce-
ment of said provisions would cause
undue hardship owing to circum-
stances unique to the individual prop-
erty on which the Variance is sought.
PART IV
DISTRICT AND BOUNDARIES 2A-4 CLASSIFICATION OF DISTRICTS.
(132A) Vehicle: Any device in, upon or by
which a person or property is or may
be transported or drawn upon a
highway or street, excepting devices
moved by human power or used ex-
clusively upon stationary rails or
tracks, and shall include, without limi-
tation, a motor vehicle, automobile,
truck, trailer, motorcycle or any com-
bination thereof.
(13213) Violation: The failure of a use, struc-
ture, or other development to be fully
compliant with the terms of this Ordi-
nance, as may amended or modi-
fied.
(133) Yard: An open space on the same lot
with a building or structure unoccu-
pied and unobstructed by any portion
of a structure from thirty (30) inches
above the general ground level of the
graded lot upward except asprovided
herein. In measuring a yard for the
purpose of determining the depth of a
front, side, or rear yard or the depth
of a r ar yard, the Least distance be-
tween the lot lute and the main the
foundation of a principal building
shall be used. In m asuring a yard for
of a side yard, the 1 ast di;tancc be-
tween the lot line and ncare..t permit
ted building shall be used.
(134) Yard, Front: A yard extending across
the full width of the lot and measured
between the front lot line and the
foundation of a principal building or
any projection thereof, other than the
projection of the usual steps, over-
hanging balconies 01= -�nclooseed
porches other ordinary projections in
accordance with 2A-48 (F) or unen-
closed porches and decks in
with 2A-48 (G).
(135) Yard, Rear: A yard extending across
the full width of the lot and measured
between the rear lot line and the
24
foundation of a principal building or
any projections thereof, other than the
projection of the usual steps, unen
closed overhanging balconies, or un
enclosed porches other ordinary pro-
jections in accordance with 2A-48 (F)
or unenclosed porches and decks in
accordance with 2A-48 (G). On both
corner lots and interior lots the rear
yard shall be the opposite end of the
lot from the front yard.
(136) Yard, Side: A yard extending from the
front yard to the rear yard and meas-
ured between the side lot lines and
n crest structure the foundation of a
principal building or any projection
thereof, other than the projection of
the usual steps, overhanging balconies
or other ordinary projections in accor-
dance with 2A-48 (F).
(137) Zero Lot Line: A development ap-
proach in which a building is situated
on one or more lot lines with no yard.
PART IV'
DISTRICT AND BOUNDARIES
[Ordinance 3393, 6/10/85]
2A-4 CLASSIFICATION OF DISTRICTS.
In order to classify, regulate and restrict
the location of trades and industries, and the
location of buildings designed for specified
uses, to regulate and limit the height and bulk
of buildings hereafter erected or altered, to
regulate and limit the intensity of the use of
lot areas and to regulate and determine the
area of yards, courts, and other open spaces
within and surrounding such buildings, the
City of Waterloo, Iowa, is hereby divided into
sixteen (16) classes of districts. [Ordinance
4709, 8/9/04] The use, height and area regula-
tions are uniform in each class of district, and
said districts shall be known as:
PART IV
DISTRICT AND BOUNDARIES 2A -4A CLASSIFICATION OF FLOOD PLAIN OVERLAY DISTRICTS.
Agricultural District
Rural Residence District
One and Two Family Residence Dis-
trict
One and Two Family Residence Dis-
trict
"R-3" Multiple Residence District
"R-4" Multiple Residence District
"R -P" Planned Residence District
"C -Z" ``ConditionalZonin• District
"S-1" Shopping Center District
"C-1" Neighborhood Commercial District
"C-2" Commercial District
"C -P" Planned Commercial District
"B -P" Business Park District
"C-3" Central Business Commercial Dis-
trict
"M-1" Light Industrial District
"M-2" Heavy Industrial District
"M -2,P" Planned Industrial District
The "R -P" District is in conjunction with oth-
er Residential Districts, i.e., R-1AR-P)7;
R-2.i(R-P)7j R-3AR-P), and R-4AR P). The <"C-
Z" -District is in conjunction with other Dis-
tricts, i.e., R -1,C -Z; R -2,C -Z; R -3,C -Z; R -4,C -Z;
C -1,C -Z; C -2,C -Z; and M -1,C -Z.
2A -4A CLASSIFICATION OF FLOOD
PLAIN OVERLAY DISTRICTS.
[Ordinance 3393, 6/10/85]
In order to classify, regulate and restrict
the location of trades and industries and the
location of buildings designed for specific
uses, to regulate and limit the height and bulk
of buildings hereafter erected or altered, to
regulate and limit the intensity of the use of
lot areas and to regulate and determine the
area of yards, courts and other open spaces
within and surrounding such buildings with-
in established flood prone areas, the City of
Waterloo, Iowa is hereby divided into four (4)
classes of flood plain "overlay" districts. The
use, height and area regulations are uniform
in each class of said district, and the districts
shall be known as:
"F -W" Floodway (Overlay) District
25
"F -F" Floodway Fringe (Overlay) District
"F -P" General Flood Plain (Overlay) District
"S -F" Shallow Flood (Overlay) District
2A -4B FINDING OF FACT
[Ordinance 3487, 6/15/87]
1. The flood hazard areas of Waterloo are
subject to periodic inundation which can
result in loss of life and property and
health; and, safety hazards, disruption or
commerce and governmental services, ex-
tra ordinary public expenditures for flood
protection and relief, and impairment of
the tax base; all of which adversely affect
the health, safety, and general welfare of
the community.
2. These losses, hazards and related adverse
effects are caused by (i) the occupancy of
flood hazard areas by uses vulnerable to
flood damages which create hazardous
conditions as a result of being inade-
quately elevated or otherwise protected
from flooding (ii) the cumulative effect of
flood plain construction in flood flows,
which causes increases in flood heights
and flood water velocities.
3. This Ordinance relies upon engineering
methodology for analyzing flood hazards
which is consistent with the standards es-
tablished by the Department of Natural
Resources.
2A-5 DISTRICT BOUNDARIES AND
OFFICIAL ZONING MAPS.
[Ordinance 3393, 6/10/85]
With the exception of the Flood Plain
(Overlay) Districts, the boundaries of these
districts are indicated upon the Digital Offi-
cial Zoning Map of the City of Waterloo,
Iowa, which the said map is made a part of
this Ordinance. The Said Digital Official Zon-
ing Map of the City of Waterloo, Iowa, and all
the notations, references and other matters
shown thereon shall be as much as a part of
this Ordinance as if the notations, references
and other matters set forth by said map were
PART IV
DISTRICT AND BOUNDARIES 2A -5A ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP.
all fully described herein. The Said Digital
Official Zoning Map is on file in the office of
the City Planner, at the City Hall of the City
of Waterloo, Iowa, and shall bear the signa-
ture of the Mayor attested by City Clerk, un-
der the certification that this is the official
Zoning Map referred to in this Section of the
Zoning Ordinance. The Digital Official Zon-
ing Map shall show all amendments or
changes and shall indicate the date of each
amendment or change. It shall be the respon-
sibility of the City Planner or designee to see
that the Zoning Map is kept current at all
times. [Ordinance 4795, 12/12/05]
2A -5A ESTABLISHMENT OF OFFICIAL
FLOOD PLAIN ZONING MAP.
[Ordinance 3393, 6/10/85]
The Flood Insurance Rate Map (FIRM) for
Black Hawk County, City of Waterloo, Panels
19013C0158F, 0159F, 0166F, 0167F, 0168F,
0169F, 0180F, 0186F, 0187F, 0188F, 0189F,
0193F, 0194F, 0215F, 0281F, 0282F, 0283F,
0284F, 0291F, 0292F, 0301F, 0302F, 0303F,
0304F, 0306F, 0307F, 0308F, 0309F, 0311F,
0312F, 0316F, 0317F, dated July 18, 2011,
which were prepared as part of the Flood In-
surance Study for Black Hawk County, is
(are) hereby adopted by reference and de-
clared to be the Official Floodplain Zoning
Map. The flood profiles and all explanatory
material contained with the Flood Insurance
Study are also declared to be a part of this
Ordinance. [Ordinance 5049, 6/20/11]
2A -5B PURPOSE OF FLOOD PLAIN
(OVERLAY) DISTRICTS.
[Ordinance 3393, 6/10/85]
These Flood Plain (Overlay) Districts are
to provide special regulations and restrictions
to flood hazard areas in the City of Waterloo.
It is the purpose of these flood plain provi-
sions to promote the public health, safety and
general welfare and to minimize public and
private damages due to flooding in specific
areas of the community. The basic purpose
26
and objectives of this Ordinance may also be
identified by the following:
1. To protect human life and health;
2. To minimize expenditure of public money
for costly flood control projects;
3. To minimize the need for rescue and relief
efforts associated with flooding and gen-
erally undertaken at the expense of the
general public;
4. To minimize damage to public facilities
and utilities such as water and gas mains,
electric, telephone and sewer lines, streets
and bridges located in areas of special
flood hazard;
5. To require uses vulnerable to floods; to be
protected against flood damage at the
time of initial construction;
6. To help maintain a stable tax base by pro-
viding for the sound use and develop-
ment of areas of special flood hazard so as
to minimize flood blight areas;
7. To ensure potential buyers are notified
that property may be in an area of special
flood hazard and that those who occupy
said area assume responsibility for their
actions;
8. To reserve sufficient flood plain area for
the conveyance of flood flows so that
flood heights and velocities will not be in-
creased substantially;
9. To assure that eligibility is maintained for
property owners in the community to
purchase flood insurance through the Na-
tional Flood Insurance Program.
10. Restrict or prohibit uses which are dan-
gerous to health, safety or property in
times of flood or which cause excessive
increases in flood heights or velocities.
[Ordinance 5049, 6/20/11]
2A -5C INTERPRETATION OF DISTRICT
BOUNDARIES.
[Ordinance 3393, 6/10/85]
PART V
GENERAL REGULATIONS
Where uncertainty exists with respect to
the boundaries of the various districts, except
for the Flood Plant (Overlay) Districts, as
shown on the Official Zoning Map accompa-
nying and made a part of this Ordinance, the
following rules apply:
1. The district boundaries are either street
center lines or alley center lines, unless
otherwise shown. [Ordinance 3595,
11/7/88] Boundaries indicated as a
roximatel followim cor•orate limits
shall be consh.ued as followint co orate
limits. ''Boundaries indicated as a• •roxi-
matel followin_ railroad lines shall be
construed to be'midwa between the
main tracks. Boundaries indicated as a
roximatel followin_ the centerlines of
rvers streams creeks or other waterways
shall be construed to follow such center-
lines.
2. In unplatted property, the district bound-
ary lines on the map accompanying and
made a part of the Ordinance shall be de-
termined by use of the scale appearing on
the map.
3. Publication of the legal description of the
property or properties zoned or rezoned
shall constitute an official amendment to
the Official Zoning Map. Said map or por-
tion of said map need not be published.
2A-6 FUTURE ANNEXATION OF
TERRITORY.
All territory which may hereafter be an-
nexed to the City of Waterloo, Iowa, shall au-
tomatically be classified as lying in the "A-1"
Agricultural District until such classification
shall have been changed by an amendment to
the Zoning Ordinance, as provided by law.
2A -6A RIGHT OF WAY VACATION.
[Ordinance 4709, 8/9/04]
Whenever any street, road, alley or other
public Tight of way is vacated by official ac-
tion of City Council, the zoning district(s) ad -
2A -6 FUTURE ANNEXATION OF TERRITORY.
joining each side of such public right of way
shall be automatically extended to the center
of such vacation and all area included in the
vacation shall be subject to all appropriate
regulations of the extended districts. Where
only portions of public right of ways are va-
cated then the zoning district(s) adjoining the
vacated portion shall be automatically ex-
tended over the entire area.
[Ordinance 3174, 12/14/811
2A-7 GENERAL REGULATIONS.
A. Conformance Required.
Except as hereinafter specified in subsec-
tion(B), no building or structure shall be
erected, converted, enlarged, reconstructed,
or structurally altered, nor shall any building
or land be used, which does not comply with
all of the district regulations established by
thisthis Ordinance or an amendment hereto
for the district in which the building or land
is located.
B. Non -Conforming Uses of Land, Non-
Non -
Conforming Structures,
Conforming Uses of Structures and Pre-
mises,
remises,,,
of -Use, and Non -Conforming Lots.
Intent. There exist
t t
ee-ainertEi�--t-
lots, (1).
structures, (e) -uses of land and structures,
and (*characteristics of use which constitute
a non-conformin_ use as defined b this -were
Ordinanceor will consti-
tute a non-conformin_ use u
a future amendment heret e
ns of
It is the
intent of this Ordinance to permit these non -
conformities to continue until they are re -
27
PART V
GENERAL REGULATIONS
moved, but not to encourage their survival. It
is further the intent of this Ordinance that
non -conformities shall not be enlarged upon,
expanded or extended, nor be used as ground
for adding other structures or uses prohibited
elsewhere in the same district.
Non -conforming uses are declared by this
Ordinance to be incompatible with permitted
uses in the districts involved. A non-
conforming use of a structure, a non-
conforming use of land, or a non -conforming
use of structure and land in combination shall
not be extended or enlarged after the dateof
non -conform' by
attachment on a building or premises of addi-
tional signs intended to be seen from off the
premises or by the addition of other uses, or a
nature which would be prohibited generally
in the district involved.
To avoid undue hardship, nothing in this
Ordinance shall be deemed to require a
change in the plans, construction, or desig-
nated use of any building in which actual
construction was lawfully begun prior to the
effeetive-date ofnon coinformity ti
amendment- am and upon
which actual building construction has been
carried on diligently, or upon which a build
in ermit has been applied for or a d I
o.ment .errant has been issued before the
date of non-conformi and start of construc-
tion be ins within one hundred ei h 180
days after issues the permit and is car-
ried on dill entl . Actual construction is he-
reby defined to include the placing of con-
struction materials in permanent position and
fastened in a permanent manner. Where ex-
cavation or demolition or removal of an exist-
ing building has been substantially begun
preparatory to rebuilding, such excavation, er
demolition or removal shall be deemed to be
actual construction, provided that work shall
be carried on diligently.
1. Continuing Existing Uses. The use of
a buildingtawfiilIv existing as of the
date of non -conformist at llc
ennae may be
28
2A-7 GENERAL REGULATIONS.
continued even though such use be-
comes - non-conformin• as of :. such
date
drpe- Elis-
'
any_use i ,;-est
hereat- as -that is not an au-
thorized "non conforming use' under
•Aray_but
shall be consid-
ered an illegal use and shall be treated
as a violation of this Ordinance.
2. Non -Conforming Lots of Record. In
any district in which single family
dwellings are permitted, a single fam-
ily dwelling and customary accessory
buildings may be erected on any sin-
gle lot of recordexistin�the at
date of adoption et
athe' c of this Ordinance 24791
adopted 02/03/h9, not -withstanding
limitations imposed by other provi-
sions of this Ordinance. Such n
atiliest
This provision
shall apply even though such lot fails
to meet the requirements for area or
width, or both, that are generally ap-
plicable in the district provided that
yard dimensions and requirements
other than those applying to area or
width, or both, of the lot shall conform
to the regulations for the district in
which such lot is located.
and No portion of said pareel lot shall
be used or sold in a manner which
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
diminishes compliance or increases
non-compliance with lot width and
area requirements established by this
Ordinance, nor shall any division of
any conforming pared lot be made
which creates a causes the lot with
width or area to be below the re-
quirements stated in this Ordinance.
3. Non -Conforming Uses of Land {or
Where at th his
Ordinance lawful use of land exists
wl Diet -be -permitted by the
Hance, and where such use involves
n individual structure with a re
iff et
the -A use of land may be continued
after the date of non -conformity so
long as it remains otherwise lawful,
kll•oed ch non -conforming use shall
be enlarged or increased, nor ex-
tended to occupy a greater area of
land than was occupied at the ef-
fective date of adoption or
amendment of this Ordinance;
b) No such non -conforming use shall
be moved in whole or in part to
any portion of the lot or parcel
other than that occupied by such
use at the effective date of adop-
tion or amendment of this Ordi-
nance;
c) If any such non -conforming use of
land ceases for any reason for a
period of more than thirty one (30
1) days year, any subsequent use
of such land shall conform to the
regulations specified by this Ordi-
nance for the district in which
such land is located;
d) No additional structure not con-
forming to the requirements of
this Ordinance shall be erected in
connection with such non-
conforming use of land.
29
4. Non -Conforming Structures. Where
a lawful structure exists as of the date
of non-conformitv-at-t-he-effective date
o amendment f thw r
dinance that cod not be built after
the date of non -conformity under the
terms of this Ordinance or an
amendment hereto by reason of re-
strictions on area, lot coverage, height,
yards, its location on the lot, or other
requirements concerning the struc-
ture, such structure may be continued
after the date of non -conformity so
long as it remains otherwise lawful,
subject to the following provisions:
a) No such non -conforming structure
may be enlarged or altered in a
way which increases its non-
conformity, but any structure or
portion thereof may be altered to
decrease its non -conformity.
b) Should such non -conforming
structure or non -conforming por-
tion of structure be destroyed by
any means to the extent of more
than fifty (50) percent of its fair
market value at the time of de-
struction, it shall not be recon-
structed except in conformity with
the provisions of this Ordinance.
(Ordinance 3393, 6/10/85]
c) Should such structure be moved
for any reason for any distance
whatsoever, it shall thereafter con-
form to the regulations for the dis-
trict in which it is located after it is
moved.
5. Non -Conforming Uses of Structures
or of Structures and Premises in
Combination. If lawful use involving
individual structures with a replace
merit cot of $1,000 or m re, or of
structure and premises in combina-
tion, exists as of the date of non-
conformity -
ad pti n r amendment of this ordi
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
nattce, that would not be allowed after
the elate of non -conformity in the dis-
trict under the terms of this Ordinance
or an amendmenthereto the lawful
use may be continued after the date of
non -conformity so long as it remains
otherwise lawful, subject to the fol-
lowing provisions:
a) No existing structure devoted to a
use not permitted by this Ordi-
nance in the district in which it is
located shall be enlarged, ex-
tended, constructed, recon-
structed, moved, or structurally al-
tered except in changing the use of
the structure to a use permitted in
the district in which it is located.
The use of premises shall be gov-
erned by the requirements of 2A-
7(B)(3);
b) Any non -conforming use may be
extended throughout any parts of
a building which were manifestly
arranged or designed for such use
at the time of adoption or
amendment of thi; said Ordi-
nance, but no such use shall be ex-
tended to occupy any land outside
such building;
c) If no structural alterations are
made, any non -conforming use of
a structure, or structure and prem-
ises may, as a special exception,
be changed to another non-
conforming use provided that the
Board of Adjustment, either by
general rule or by making findings
in the specific case, shall find that
the proposed use is equally ap-
propriate or more appropriate to
the district than the existing non-
conforming use. In permitting
such change, the Board of Ad-
justment may require appropriate
conditions and safeguards in ac-
cord with the provisions of this
Ordinance;
30
d) Any structure, or structure and
land in combination, in or on
which a non -conforming use is
superseded by a permitted use,
shall thereafter conform to the
regulations for the district, and the
non -conforming use may not the-
reafter be resumed;
e) Except for a non -conforming use
that is an alcohol sales use,
Wwhen a non -conforming use of a
structure or structure and prem-
ises in combination is discontin-
ued or abandoned for twelve (12)
consecutive months or for eight-
een (18) months during any three
(3) year period (except when gov-
ernment action impedes access to
the premises), the structure or
structure and premises in combi-
nation shall not thereafter be used
except in conformity with the reg-
ulations of the district in which it
is located.
f) As to alcohol sales uses only,
when the use of a structure or
structure and 'remises in combi-
nation is non -conforming because
it is an alcohol sales use, either
solely for that reason or in combi-
nation with other reasons, and
when the alcohol sales use is dis-
continued or abandoned for three
(3) consecutive monthsexce t
when government action impedes
access to the premises), the struc-
ture or structure and premises in
combination shall not thereafter be
used as an alcohol sales use except
in conformity with the regulations
of the district in which it is lo-
cated Thisaraph shill apply
edea I to the cessation of a busi-
ness that is an alcohol sales use
and to a business that continues
o ey rating as a non -alcohol sales
use after its license or permit to
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
g)
sell or dispense- alcoholic buyer-
s for an cause la ses is sus-
pended or revoked,or otherwise
fails to be or remain in effect.
Where non -conforming use status
applies to a structure and prem-
ises in combination, removal or
destruction of the structure shall
eliminate the non -conforming sta-
tus of the land. Destruction for the
purpose of this subsection is de-
fined as damage to an extent of
more than fifty (50) percent of the
fair market value at the time of de-
struction. [Ordinance 3393, 6/10/85]
h) Structural Alterations and Enlarge-
ments. As to any building in any
district other than an "A","R", "F
VV", "F F", "F P", or "S F" District
devoted to a use made non-
conforming, after the date of non-
conformity the 'building -by this
Ordinance may not be structurally
altered or enlarged unless such al-
teration or enlargement is ' ap-
.roved b Variance as'.rovided
herein and is in conformity with
the lot area, the lot frontage, yard,
and height requirements of the
District in which situated, pro
vided such construction shall be
limited to buildings on land
owned of record by the owner of
the land devoted to the non,
conf rminguce prior to the effec
Live date of this ordinance. Such
structural alteration and enlarge-
ment shall be subject to the review
and approval of the Board of Ad-
justment. In permitting such
change, the Board of Adjustment
may require appropriate condi-
tions and safeguards in accord
with the provisions of this Ordi-
nance. [Ordinance 3393, 6/10/85]
6. Repairs and Maintenance. On any
non -conforming structure or portion
31
of a structure containing a non-
conforming use, work may be done in
any period of twelve (12) consecutive
months on ordinary repairs, or on re-
pair or replacement of non-bearing
walls, fixtures, wiring, or plumbing, to
an extent not exceeding ten (10) per-
cent of the current replacement cost of
the non -conforming structure or non-
conforming portion of the structure as
the case may be, provided that the cu-
bic content existing when it became
non -conforming shall not be in-
creased.
If a non -conforming structure or por-
tion of a structure containing a non-
conforming use becomes physically
unsafe or unlawful due to lack of re-
pairs and maintenance, and is de-
clared by any duly authorized official
to be unsafe or unlawful by reason of
physical condition, it shall not thereaf-
ter be restored, repaired, or rebuilt ex-
cept in conformity with the regula-
tions of the district in which it is lo-
cated.
Nothing in this Ordinance shall be
deemed to prevent the strengthening
or restoring to a safe condition of any
building or part thereof declared to be
unsafe by any official charged with
protecting the public safety, upon or-
der of such official.
7. Uses Under Special Permit Provi-
sions Not Non -Conforming Uses. If
n existin• use is one that b ado -
tion of any zoning ordinance or
amendment thereto," would be re-
quired to haveAny use -which is pet-
milted as a Special Permit in a district
ui3d ! ee
(other than a change through Board of
Adjustment action from a non-
conforming use to another use not
generally permitted in the district),
then such use shall not be deemed a
non -conforming use in such district,
PART V
GENERAL REGULATIONS 2A-7 GENERAL REGULATIONS.
but shall without further action be
considered a conforming use.
C. Fences
1. Fences Accessory to a Residential
Use or in an "R" District. Residential
fences or Landscape features such as
sculptures or walls may be erected or
constructed with the centerline of said
barrier to be located within the prop
erty with no portion of fence extend-
ing on -to adjacent property or right-
of-way (except as approved by en-
croachment agreement). On interior
lots, no such fence shall exceed eight
(8) feet in height in the side or rear
yard and four (4) feet in height in the
front yard. [Ordinance 3993, 12/13/93]
(Ordinance 4508, 9/4/01] [Ordinance
4656, 11/10/03]
On corner lots addressed and facing
the narrow dimension street frontage,
no such fence shall exceed four (4) feet
in height in the front yard nor exceed
eight (8) feet in height in the rear yard
and along the street side adjoining the
rear yard extending from the rear cen-
ter of the house to the street property
lot line and back to the rear of the lot.
[Ordinance 3993, 12/13/93] [Ordinance
4029, 7/18/94] [Ordinance 4656,
11/10/03]
On corner lots addressedand/or fac-
ing the longer dimension street front-
age, no such fence shall exceed four
(4) feet in height in the front yard nor
exceed eight (8) feet m the rear yard
and along the street side adjoining the
rear yard, set back from the street a
minimum of the setback between the
house and the street. A fence along
the street adjoining the rear yard ex-
tending closer to the street than the
setback between the house and the
street shall not exceed four (4) feet in
height, except that if the rear yard of
the property in question is abutting
32
the rear yard of an adjoining corner
lot no such fence shall exceed eight (8)
feet in height in the rear yard and
along the street side adjoining the rear
yard extending from the rear of the
house to the street lot line and back to
the rear of the lot.
A fence that is parallel- and within
three (3) feet of a side lot line, exclud-
ing a street lot line, may exceed four
(4) feet in height in the front yard if a
principal building on the lot abutting
the side lot line extends past the estab-
lished front yard of the property in
question, but shall not exceed four (4)
feet in height past the established
front yard of a principal building on
the lot abutting the side lot line, how-
ever, in no case shall said fence exceed
eight (8) feet in height. A fence that is
parallel with a front lot line that does
not abut a street and is abutting the
rear or side yard of an adjoining lot
may exceed four (4) feet in height but
shall not exceed eight (8) feet in
height.
No solid fence shall be erected in such
a mariner as materially to impede vi-
sion between a height of two and one-
half (2 1/2) feet and eight (8) feet above
the centerline grades within the trian-
gular area in a yard bounded by the
lot a street line (back of curb or back
of roadway if no curb), a driveway or
alley, and a line drawn between two
(2) points each located twenty five
(205) feet from the intersection of said
driveway or alley line and the let
street line. [Ordinance 3993, 12/13/93]
[Ordinance 4656, 11/10/03]
2. Fences in Districts other than Acces-
sory to a Non-residential Use and
Not Located in an "R" District. Non-
residential fences located in a district
other than accessory to a ' non-
residential use and not located in an
"R" District must be located with the
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
•
ortion extendin
once at least pix (6)
e with no
onto ad'acent .ro.
er or-rrht-of-wa exce t' as a
proved by encroachrnent agreement)
and cannot exceed eight (8) feet in
heighte, xcept that said fence may be
ten (10) feet in height if the fence or
portion thereof above eight (8) feet is
constructed of chain link or wire. No
such fence shall be constructed of sal-
vaged material. No such fence shall
use barbed wire, concertina wire, or
similar wire closer than six (6) feet to
the ground, except a fence used pure-
ly for agricultural purposes. [Ordi-
nance 4508, 9/4/01] [Ordinance 4656,
11/10/03]
D. Home Occupations.
1. Purpose. It is the intent of this chap-
ter to eliminate as home occupations
all uses except those that conform to
the standards set forth in this chapter.
Custom and tradition are intentionally
excluded as criteria. In general, a
home occupation is an accessory use
so located and conducted that the av-
erage neighbor, under normal circum-
stances would not be aware of its exis-
tence other than for a nameplate as
permitted elsewhere in this Section.
The standards for home occupations
in this Section are intended to insure
compatibility with other permitted
uses and with the residential character
of the neighborhood, plus a clearly
secondary or incidental status in rela-
tion to the residential use of the main
building as the criteria for determin-
ing whether a proposed accessory use
qualifies as a home occupation.
2. Necessary Conditions. Home occu-
pations are permitted accessory to a
residential use only so long as all the
following conditions are observed:
33
3. A11 Fences Walls extending above
grade shall be regulated as a fence.
Retaining walls shall not be regulated
by this part, except that if a wall or
fence is built on to of a retainin • wall
or within three (3) feet of the top of a
retaining wall, the maximum height of
the wall or fence shall include one half
(1/2) the height of the retaining wall.
This provision shall not preclude a
fence required to meeting minimum
building code. One half (1/2) the
height of the retaining wall need not
be included if the height of the wall or
fence does not exceed the maximum
height allowed above the original
natural grade of the location that the
wall or fence is erected.
a. Such occupation shall be con-
ducted solely by resident occu-
pants of the residence located on
the property [Ordinance 4855,
2/19/07];
b. No more than one room or twen-
ty-five (25) percent of the gross
area of one floor of said residence,
whichever is less, shall be used for
such purpose. Use of an accessory
building for these purposes is al-.
lowed but shall be limited to one
(1) accessory building with an area
of said accessory building or por-
tion thereof used for such occupa-
tion limited to three-fourths (3/4)
of the area permitted for a residen-
tial accessory structure by Part -V
Section 2A-7 (E) or three-fourths
(3/4) the area of existing accessory
structures in the case of legal non-
conforming structures exceeding
the size allowed by Pa -Section
2A-7 [Ordinance 4855, 2/19/07];
c. No use shall require internal or ex-
ternal alterations or involve con-
struction features or the use of
PART V
GENERAL REGULATIONS 2A-7 GENERAL REGULATIONS.
electrical or mechanical equipment
that would change the fire rating
of the structure or the fire district
in which the structure is located;
d. No home occupation shall cause
an increase in the use of any one
or more utilities (water, sewer,
electricity, telephone, garbage,
etc.) so that the combined total use
for dwelling and home occupation
purposes exceeds the average for
residences in the neighborhood;
e. There shall be no outside storage
of any kind related to the home
occupation except for licensed and
operable vehicles including one (1)
semi but excluding a semi trailer,
other trailers, or other equipment,
regardless if licensed for highway
use [Ordinance 4855, 2/19/07];
f. No traffic shall be generated by
such home occupation in greater
volumes than would normally be
expected in a residential neigh-
borhood, and any need for park-
ing generated by the conduct of
said home occupation shall be met
off the street and other than in a
required front yard;
No use shall create noise, dust, vi-
bration, smell, smoke, glare, elec-
trical interference, fire, fire hazard,
or any other hazard or nuisance to
any greater or more frequent ex-
tent than that usually in question
under normal circumstances
wherein no home occupation ex-
ists;
h. No retail sales or displays for re-
tail sales are permitted.
3. Nameplate Allowed. Only one na-
meplate shall be allowed. It may dis-
play the name of the occupant and/or
the name of the occupation (i.e. John
Jones, Realtor). It shall not exceed two
g•
34
(2) square feet in area, shall be non -
illuminated, and attached flat to the
main structure or visible through a
window. The limitation to one name-
plate is intended to apply to all Lots,
including corner lots. [Ordinance 4855,
2/19/071
4. Examples of Uses that Do Not Qual-
ify as Home Occupations. The fol-
lowing uses by the nature of the in-
vestment or operation have a pro-
nounced tendency once started to rap-
idly increase beyond the limits per-
mitted for home occupations and
thereby impair the use and value of a
residentially zoned area for residence
purposes. Therefore, the uses speci-
fied below shall not be permitted as
home occupations: auto repair, minor
or major; beauty shops with more
than one chair; barber shops with
more than one chair; massage parlors
with more than one table; retail sales
operations where transactions occur
on the premises; carpentry work;
dance instructions; dental offices;
medical offices; painting of vehicles;
repair and sale of trailers or boats;
photo developing; photo studios; pri-
vate schools with organized classes;
radio, television or appliance repair,;
and upholstering. This list shall not be
construed as being all-inclusive. [Or-
dinance 4855, 2/19/07]
5. Day Cares. Day care services shall be
permitted provided the following
conditions are met: [a. through g Ordi-
nance 3755,12/10/901
(a) The day care service shall be at
least six hundred (600) feet from
an area designated by the Black
Hawk County Health Department
to be a health problem for chil-
dren.
If the day care property is located
on a major or minor arterial or col -
(b)
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
lector street as designated on the
Waterloo Functional Classification
System map, access to the day care
property must be gamed -froa
m
public alley or driveway' that al-
lows a vehicle to re-enter the street
in a forward movement only.
(c) The day care service shall be in
compliance with all state laws per-
taining to child day care services.
teen (10) children in a tv my four
vice.
(e) No si is `.,hall be •ermittcdl cr
taming to the day care service and
no noi.,es shall be generated be
(f)
Where a day care provider's prop-
erty is not accessible from a street
defined in (b) above, the traffic
generated by that day care service
shall not im•ede traffic flow on
any other street by reducing traffic
movement below two moving
lanes. (It is the responsibility of
the day care to inform those using
his/her day care services of this
requirement.)
(g) No day care service shall be lo
catcd less than 'three hundred
(300) feet' from another day care
d
a care •ro.
cities.
adjoining lots,; and at least three (3) feet from
the Principal Permitted Use on said lot, ex-
cept that accessory structures in the rear sixty
(60) percent of the lot may be erected three (3)
feet from any interior lot line, and on corner
lots they shall conform to the setback regula-
tions on the side street for corner lots as pro-
vided in 2A-7 (F). Vehicles, trailers, cargo
structures' from vehicles or hailers, stor-
age/moving or shipping containers, or mo-
bile homes, or any other similar portable sto-
rage containers, regardless if it has wheels
and chassis, shall not be used as an accessory
structure. Said structures, excluding mobile
homes ma be used for tem.orar 'stora_e
but shall not be placed on a property for more
than sixty (60) cumulative days in any given
twelve-month • eriod. Pro . er owners ma
request a temporary storage container exten-
sion permit from the City Planner prior to
lacement on the '.roger or .rior to exceed-
m• the six 60 da limit. 'A..roval of such
extensions shall only be granted for special
circumstances with compelling reason why
additional time is needed. Special circum-
stances may include, but are not limited to: 1)
lar • e construction sites 2 'emer • enc re • air
reconstruction or rehabilitation of structures,
and 3 extraordinar events such as'floodin
fire ex.losion wind storms' war riot or sim-
ilar events. The use of such structures shall
not be restricted when accessory and custom -
aril incidental to Princi • al Permitted Use in
the "M-1" or "M-2" Districts. [Ordinance 3050,
11/1/79] [Ordinance 3102, 9/22/80]
1. Residential Accessory Structures: Ac-
cessory structures, except stables, may
be erected as a part of the principal
building, or may be connected thereto
by a breezeway or similar structure,
provided all yard and building code
requirements for a principal building
are complied with. Accessory struc-
tures attached or connected to the
principal building shall not exceed the
square footage of the principle permit-
ted use (not including decks or unen-
closed porches, calculated based on
E. Accessory Structures.
No accessory structure shall be erected
until after the Principal Permitted Use is
erected and shall not be erected in any re
qui ed court, or front yardexcept for tempo-
rary or seasonal use accessory structures to a
commercial use. Accessory structures shall be
a distance of at least five (5) feet from alley
lines,; and at least five (5) feet from lot lines of
35
PART V
GENERAL REGULATIONS
the area of the base or "footprint" of
the structure), however this provision
shall not prohibit a five hundred sev-
enty-six (576) square foot attached ga-
rage provided that all other require-
ments are met. Accessory structures
that are not a part of the main build-
ing shall not exceed fifteen (15) feet in
height with a less than one two story
Principal Permitted Use, and eighteen
(18) feet in height for a two story or
greater Principal Permitted Use. In
conjunction with any one and or two
family residence, accessory structures
that are not a part of the main build-
ing shall not occupy more than thirty
(30) percent of the rear yard and shall
not cover more than eight hundred
fifty (850) square feet total. Acccs,,ory
Said structures may exceed the eight
hundred fifty (850) square feet total
but shall not occupy more than six (6)
percent of the lot on which said struc-
tures are located and in no case shall
the total of said structures be larger
than 1,800 square feet. Accessory
structures (attached or detached) to a
residential use shall not be con-
structed of metal materials for exterior
siding, except for horizontal alumi-
num/steel siding common on many
residential structures and except
structures that are one two hundred
twenty (428 200) square feet or less.
Accessory structures that are not part
of the main building shall not be con-
structed of metal materials' for exterior
roofing if the lowest point of the roof
is closer than seven (7) feet from the
adjacent grade,' except structures that
are two hundred (200) square feet or
less. Structures that are less than nine
(9) square feet shall not be included in
the accessory structure limit. Struc-
tures that are less than twenty five
fifty (25 50) square feet but more than
nine f9) square feet shall not be in-
cluded in the accessory structure limit,
36
2A-7 GENERAL REGULATIONS.
however no one or two family resi-
dence shall have more than two (2)
such structures excluded from the ac-
cessory structure limit. Freestanding
or attached metal -framed carports, or
similar structures, shall be prohibited
in conjunction to any residential use.
[Ordinance 3050, 10/1/79] [Ordinance
3102, 9/22/80] [Ordinance 3645, 5/8/89]
[Ordinance 4656, 11/10/03] [Ordinance
4725, 09/20/04] In conjunction with
any multiple family residence (three
or more dwelling units), accessory
structures that are not a part of the
main building shall not exceed a total
size of more than five hundred sev-
enty six (576) square feet in area per
dwelling unit.
2. Commercial Accessory Structures:
Commercial accessory structures shall
be constructed only as accessory to a
Principal Permitted Use on the lot, as
allowed by the underlying zoning
classification. Any such Principal
Permitted Use must be in accordance
with all applicable building codes,
zoning, engineering, and other perti-
nent ordinances to be eligible for the
use (i.e. a residentially built home in a
"C" or "M" District cannot construct
or convert a comrnercial sized acces-
sory structure, unless the residential
building has been properly rehabili-
tated to meet all commercial building
codes, parking requirements, etc. and
be currently is used for a commercial
business). Nothing in this Section
shall prohibit the erection of two Prin-
cipal Permitted Uses on one lot, pro-
vided all pertinent codes and ordi-
nances are met.
Commercial accessory structures shall
not be limited in height, materials, or
size, except as limited by other provi-
sions for commercial sites, such as
parking requirements, drainage, land-
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
scaping, etc., by this Ordinance. [Or-
dinance 4725, 09/20/04]
Fences shall be considered accessory
structures but shall be regulated by Part VV
Section 2A-7 (C). Signs shall be considered
accessory structures but shall be regulated by
Part XXII. Other accessory structures such as
flagpoles, swimming pools (including hot
tubs and spas), swing sets/playground
equipment, landscaping features such as ar-
bors and fountains, and other similar struc-
tures shall not be regulated by this Section,
exce.t that swimmint .00ls caable of hold-
ing water
olding'water over twenty four (24) inches shall
not be permitted in any -required front yard of
a residential use. A deck that is attached to or
within three'' (3) feet of a principal structure
shall be considered to be .art of the rinci.al
structure and subject to the regulations for a
principal structure, except as provided in Sec-
tion 2A-48 (G) and except that no setback
shall be required between an attached deck
and an accessory structure. Detached decks
more than three 3 ' feet from a .rinci al
structure shall be regulated by this Section,
except that one (1) detached deck of two
hundred (200) s uare feet or less shall not be
included in the accessory structure size limit
as calculated herein. Small wind energy fa-
cilities meetin_ the 're.uirements of Section
2A-48 (S) shall be considered accessory struc-
tures but shall be regulated by Section 2A-48
(S). [Ordinance 4725, 09/20/04]
F. Corner Lots.
1. Narrow dimension street frontage for
corner lots
effective date of this ordinance, whose
frontage is street side with the narrow
width of the lot, shall be required to
meet the front yard requirement of
this District on that narrow dimension
with the rear yard being opposite of
this. The longer dimension street fron-
tage can then be reduced to one-half
(1/2) the front yard requirement of
the District.
2. Longer dimension street frontage for
corner lots (reversed frontage lots)
, whose frontage
is considered along the longer dimen-
sion street frontage, shall meet the
front yard setback back requirements
of the District it is located along the
longer dimension street frontage as
well as meeting the front and rear
yard requirements along the narrow
dimension frontage. The rear yard
must be opposite the front yard along
the narrow dimension. This Section
does not require a rear yard to be met
opposite the longer dimension street
frontage.
G. Visibility at Intersections in Residen-
tial Districts.
On a corner lot in a residential district,
nothing shall be erected, placed, planted, or
allowed to grow in such a manner as materi-
ally to impede vision between a height of two
and one-half (2 1/2) feet and ten (10) feet above
the centerline grades of the intersecting
streets in a triangular area bounded by the lot
lines of such corner lots and a line drawn be-
tween two (2) points each located twenty (20)
feet from the intersection of the lot Pules on
the corner of the lot located at the intersec-
tion.
H. Front Yard.
In any "R" District For any residential use
there shall be a minimum front yard required
as stated in the yard requirements for that
particular district; provided, however, that
where lots comprising thirty (30) percent or
more of the frontage within two hundred
(200) feet of either side lot line are developed
with buildings at either a greater or lesser
setback, the minimum front yard setback
shall be within ten (10) feet of the average of
the abutting homes or closest thereto on ei-
ther side, but shall not be less than the small-
er setback used in the avera_e`calculation (if
there is no home within two hundred 200 feet
37
PART V
GENERAL REGULATIONS
on one side, the minimum setback shall
match the setback of the closest home within
two hundred (200) feet on the other side). In
computing the average setbacks, buildings
located on another block or on a corner lot
facing another street which the lot in question
does not abut, •- - - ••or entirely
on the rear half sixty (60) percent of lots shall
not be counted Buildings or additions to
buildings on a corner lot shall have a mini-
mum setback match the closest home within
two hundred (200) feet that is addressed and
oriented toward the streetfrontagethat the
proposed building or addition will be or is
addressed and oriented towards. The re-
quired setback as computed herein need not
exceed fifty (50) feet in any case, however this
shall not allow detached accessory structures
in a front yard. [Ordinance 4537, 2/4/02] [Ordi-
nance 4656, 11/10/03]
I. Required Yard Cannot be Reduced.
No lot or yard required by this Ordinance
or existing as of the effective date of any zon-
ing ordinance or amendment theretolt the
c---rd-inamee,
shall be reduced in area so as to make any
yard or any other open space less than the
minimum required by the zoningordinance
in effect as of the date of proposed reduction
in area.,; Ordinance. No part of a yard or
other open space provided about any build-
ing or structure for the purpose of complying
with the provisions of this Ordinance shall be
included as part of a yard or other open space
required under this Ordinance for another
building or structure. Off-street parking and
loading areas may occupy all or part of any
required yard or open space except as other-
wise specified in this Ordinance.
J. Building Lines on Approved Plats.
Whenever the plat of a land subdivision
on record in the office' of the County Recorder
shows a setback building line along any fron-
tage for the purpose of creating a front_yard
or side street yard line, the building line thus
shown shall apply along such frontage in
38
2A-7 GENERAL REGULATIONS.
place of any other yard line required in this
Ordinance unless specific yard requirements
in this Ordinance require a greater' setback.
This shall not include building lines along a
street that has been vacated.
K. Pendi
Development Permits.
Nothing herein contained shall require
any change in the overall layout, plans, con-
struction, size or designated use of any build-
ing, or part thereof, for which a approval,
and required building permits was applied
for or issued, or for which' a development
permit was issued, before the date of non-
conformity have been granted befe-re"the en
ee, the construction of
Building or
which
have been started
this Ordinance within one hunch -ed eighty
(180) days after issuance of the permit and
completion thereof carried on in a normal
manner and not discontinued for rea ;on
shall
more than a one hundred eighty (180) day
period.
L. Zoning District Dividing Property.
Where one (1) parcel of property is di-
vided into two (2) or more portions by reason
of different zoning district classifications,
each portion shall be used independently of
the other in its respective zoning classifica-
tions, and for the purpose of applying the
regulations of this Ordinance, each portion
shall be considered as if in separate and dif-
ferent ownership. Alternatively, the entire
parcel may be used as permitted by the regu-
lations applicable to the most restrictive zon-
ing classification. However, nothing in this
Sub -section shall be construed as permitting
new residential use of any property within
any industrial district classification. [Ordi-
nance 3486, 6/15/87]
PART V
GENERAL. REGULATIONS
2A-7 GENERAL REGULATIONS.
M. Erection of More Than One (1) Prin-
cipal Structure on a Lot.
In any district, more than one (1) struc-
ture housing a permitted or permissible prin-
cipal use may be erected on a single lot, pro-
vided that yard and other requirements of
this Ordinance shall be met for each structure
as though it were on an individual lot, except
as provided for mobile home parks and mul-
tiple dwellings, including multiple dwelling
condominium and row dwellings, as the abil-
ity to split into individual lots may not repre-
sent the highest and best layout and design
due to shared ground, parking and access.
Such developments shall not have to meet
yard requirements as though each structure
were on an individual lot provided that all
other requirements of the Ordinance are met,
including, but not limited to, minimum lot
size for the entire development, screening,
access, parking, and setbacks around the pe-
rimeter of the development. For one and two
family residential structures, more than one
(1) principal structure in a "R-1" or "R-2"
Residence District may be erected on a single
lot only upon approval of a Special Permit by
the Board of Adjustment after recommenda-
tion of the
Zoning Commission. Such application for
Special Permit shall also include all of the re-
quired information for a preliminary plat, in-
cluding showing how lots could be laid out
so that each principal structure would meet
the yard and other requirements of this Ordi-
nance if it were on an individual lot. The
Board of Adjustment may waive some or all
of the required information for a preliminary
plat if it is determined that the information is
not needed to ensure that the request meets
all requirements of the Ordinance. In review-
ing the layout of multiple buildings, the Qty
Com-
mission and Board of Adjustment shall con-
sider, but not be limited to, the following: im-
pact on and compatibility with the neighbor-
hood, including sight visibility and open
space considerations, density, traffic move-
ments, general characteristics such as orienta-
tion, lot size, building size and layout of the
proposed development and neighboring
properties, and necessary screening. [Ordi-
nance 4855, 2/19/07] [Ordinance 4885, 10/15/071
N. Conditional Zoning
[Ordinance 2875, 4/11/77]
1. Conditional Zoning may apply only to
those cases which propose changing
the zoning from an "R" Classification
to a "C" or "S" Classification, a "C" to
an "M" Classification, and those
changes that will occur within each
individual "R", "C" or "M" group-
ings.
2. Whenever any application for a condi-
tional zoning permit as an amend-
ment to the Zoning Ordinance is
submitted, it must be accompanied or
supported by specific plans and de-
sign for the particular development or
use. The following procedure shall be
utilized to facilitate said amendment.
a. The applicant shall submit a re-
quest to the Planning, Program-
&- 7eming Commission com-
plete with legal description and
detailed site plan defining any ar-
eas to be developed for buildings,
the areas to be developed for park-
ing, the location of sidewalks and
driveways, the points of ingress
and egress, the location and height
of walls, the location and type of
landscaping, and the location, size
and type of signs, and detailed
drawings indicating the architec-
tural characteristics of said devel-
opment.
b. Said development plan shall be
reviewed by the Planning, Pro
gramniing -St -Zoning Commission
and a date for a hearing shall be
established. The site development
plan, prior to the hearing, shall be
referred to the Technical Review
Committee for study and for re -
39
PART V
GENERAL REGULATIONS
port. The Technical Review Com-
mittee shall review for conformity
of the proposed development with
the standards of the Comprehen-
sive Plan, and with recognized
principles of civic design, land use
planting, and landscaping archi-
tecture. The
ming & Zoning Commission may
approve the plan as submitted, or
before approval, may require that
the applicant modify, alter, adjust,
or amend the plat as the Commis-
sion deems necessary to the end
that it preserves the intent and
purpose of this Ordinance, to
promote public health, safety,
morals, and general welfare. The
Commission shall then make a
recommendation on the develop-
ment plan to the City Council.
c. Five (5) copies of the approved
plans shall be submitted to the
Zoning Administrator.
d. The City Council, after notice and
public hearing, shall approve or
disapprove said plan as submitted
or may require such changes the-
reto as it deems necessary to effec-
tuate the intent and purpose of
this Ordinance. Upon approval of
the plan, the City Council shall
then initiate a change in zoning of
the subject tract of land in accor-
dance with the provisions of Sec-
tion 2A-55 of this Ordinance. Such
change shall be recorded on the
City's Official Zoning Map and
annotated "C -Z" after the designa-
tion of the underlying district.
e. After approval by the City Coun
40
2A-7 GENERAL REGULATIONS.
3. If for any reason development and use
of property approved in accordance
with the procedure outlined in (1) and
(2) above cannot be accomplished or is
discontinued, such plans or use shall
not be altered, changed, or varied, ex-
cept after approval by the City Coun-
cil based upon procedure and review
by the appropriate agencies set forth
in (2) above.
4. Site Development Plan Amendments
[Ordinance 3245, 10/11/82]
a. Major
Any change in the development
plan deemed to be substantial af-
ter the Council has approved the
plan shall be resubmitted and con-
sidered in the same manner as the
original development plan.
Examples of major changes may
include, but are not Limited to the
following: changes in density, use
and/or major changes in the over-
all street plan. A f change in use
may go through the mucor ap-
proval process as long as the
change is similar to the type of use
approved with the development
plan, and if combly designed
in relation to surrounding uses.
b. Minor
A revised development plan shall
be prepared in accordance with
this Section for any alteration to a
development plan.
Minor development plan amend-
ments,
went of existing signs shall be car
administra-
tively reviewed by and approval
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
of -the Planning,
Zoning Commis.,ion staff. If the
change is con-
sidered insignificant in nature,
staff may 'approve the change
without a review and .ublic hear-
ing before the Commissionand
City Council
maybe -reed.
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of 'signage, changes in curb
cut location, sign locations, shifts
in building location, landscaping
features, and parking circulation.
Minor changes may include addi-
tions to an existing building or
new buildings which do not in-
crease the existing floor area by
more than ten (10) percent of the
floor area of all existing or ap-
.roved .rinci.al buildu1_s. ' If
staff determines that the magni-
tude of any such change is signifi-
cant in nature or could become
si iificant in nature the chane
shall be deemed major and the
changes shall be resubmitted and
considered in the same manner as
the ori' al develo.ment .lan in-
cluding a public hearing before the
Commission and City Council. In
determining if a change is signifi-
cant in nature the Planning staff
shall consider, among 1' other
things, the overall design of the
pro osed change and it's com-
.atibili to the'existin• develo.-
ment and surrounding develop-
ment, as well as impact on the
neighborhood due to changes in
parking, traffic, etc. or changes in
visibility or aesthetics from the
public roads or adjoining proper-
ties caused b the '.ro.osed
change.
O. Street Frontage Required.
Except as permitted in Part XXII of this
Ordinance, no lot shall contain any building
used in whole or in part for residence pur-
poses unless such lot abuts for at least forty
(40) feet on at least one street, or unless it has
an exclusive unobstructed private easement
of access or right-of-way at least twenty (20)
feet wide to a street, and there shall be no
more than one (1) single family dwelling for
such frontage or easement, except that a
common easement of access at Least fifty (50)
feet wide may be provided for two (2) or
more such single family dwellings or for one
(1) or more two family or multiple dwellings.
[Ordinance 3220, 6/14/82]
P. Dwelling Standards:
[Ordinance 3378,12/17/84]
The following standards shall apply to all
new dwellings for which building permits
have been issued on or after December 17,
1984:
1. The dwelling shall be affixed to a
permanent foundation system, in ac-
cordance with the Uniform currently
adopted Building Code standards;
2. The average width and length of the
main body of the dwelling shall be a
minimum of twenty (20) feet as meas-
ured from at least three (3) points of at
least ten (10) feet apart on the dwell-
ing.
Q, Site Plan Required:
In accordance with the Comprehensive
Plan, as amended, it is essential that new de-
velopments and structural alterations to exist -
Mg developments meet established minimum
standards for the design of such develop:
41
PART V
GENERAL REGULATIONS
meats to -protect existin developments to
insure adequate provisions for public/private
utilities, such as sewer, water, and roads, and
promote the health, safety, and general wel-
fare of the public For any new develo meat
or structural alterations, a site plan shall be
submitted to the Building Official as a part of
the Building Permit Application. Said site
plan shall be referred to Planning staff for
their review and a. roval .ertinent to meet-
ing the requirements of this Ordinance and
any other City Ordinance and/or olicy
Said site plan shall include the legal descrip-
tion of the property, identify the areas to be
developed for buildings, the areas and num
ber of spaces to be provided for parking and
vehicular use areas, the location of sidewalks
and driveways and the points of ingress and
egress, including access streets where re-
guired, the location and height of walls, the
location and type of landscaping, the location
of public easements the location size type
and number of signs, site topography with
existing and proposed elevations, storm wa-
ter drainage system including detention (if
reguiredl proposed hard surfacing (material
and thickness), location of utility connections
(sanitary sewer and water), and storm water
pollution prevention plan and IDNR eimit
if re cored .
R. Proposed Use Not Covered by Title
Any proposed use not covered in any District
as a Principal Permitted use or a Special Per-
mit use may be administratively reviewed
and approved by the City Planner or desig-
nee as a Princiial Permitted use or a S.ecial
Permit use in a District if the proposed use is
similar to a listed Principal Permitted use or
Special Permit use in such District. If the City
Planner or designee determines that a wit -
posed use is not similar, the use shall be er-
mitted in the "M-2" District. In` addition, a
proposed use not covered by title and not de-
termined to be similar to a use covered by
title may be referred to the Commission and
City Council for a decision as to the proper
District and category in which said use
42
2A-7 GENERAL REGULATIONS.
should be permitted This process re uires
an amendment to the Ordinance prior to ad-
dressing a specific site. Therefore, in order to
add an unlisted use to a District, the Ordi-
nance must be amended as provided in Part
XXVII, before a rezoning request can be ap-
proved
S. Landscaping Regulations
[Ordinance 3907, 12/21/92]
This part shall apply to the following ac-
tivities for all Special Permit and "R-3" or less
restrictive uses; except one and two family
dwellings and except those Located in the
"C-3" zone,; which engage in one or more of
the following:
a. new construction
b. expansion of an existing building
equal to 10% or 1000 square feet
whichever is less
c. new or expanded parking areas
1. Landscape Area and Planting Re-
quirements
Developments requiring landscaping
under this part shall provide one of the
following combinations of landscaped
area and planting points per square foot
of total lot area:
LANDSCAPED + POINTS PER
AREA SQUARE FOOT
35 % or more
30 %
25 %
20 %
15%
10% or less
.015
.02
.025
.03
.035
.04
The point schedule'' in Part XX
The follow-
ing landscaping requirements shall be
met:
PART V
GENERAL REGULATIONS
2A-7 GENERAL REGULATIONS.
A minimum of 65 percent of all re-
quired points shall be achieved through
tree plantings.
The points required per square foot of
vehicular use area shall be placed within
islands in the vehicular use area and/or
within five feet (5') of the perimeter.
There shall be .04 points per square foot
of vehicular use area. The intent is to po-
sition the plantings to enhance the overall
appearance of the site.
All required trees within the vehicular
use area shall be two inch (2") caliper or
greater measured six inches (6") above
grade at the time of planting.
2. Street Tree Planting
A minimum of 1.5 points per linear
foot of street frontage must be met
through the provision of trees, and plant-
ing shall comply with the Vegetation Or-
dinance Chapter 35 of the Waterloo Mu-
nicipal Code. If circumstances do not al-
low plantings on the city parking, street
tree points shall be placed in the street
yard setback area.
3. Expansion of Existing Use
For additions to existing buildings or
parking areas, the following percent of to-
tal points and total landscaped area shall
be applied to the project dependent upon
the total size of all additions since the
adoption of this Section:
The lesser of:
10% - 20% addition
or 100 square feet
21% - 40% addition
or 2000 square feet
41% - 50% addition
or 2500 square feet
51% addition or
2501 square feet
Shall require:
25% of Ordinance
requirements
50% of Ordinance
requirements
75% of Ordinance
requirements
100% of Ordinance
requirements
43
4. Alternative Compliance
[Ordinance 3964, 8/9/931
For sites larger than two one (2 1)
acres in area or those with difficult site
conditions, the City Planner or his/her
designated representative may approve
the plan if the following findings are
made:
a. The proposed improvements will
fulfill an individual and/or com-
munity need and will not ad-
versely affect the goals of the Land
Use Policy Plan; and
b. The proposed improvements, be-
cause of the conditions that have
been applied to it, will not be det-
rimental to the health, safety and
the general welfare of persons re-
siding or working en in the area
and will not adversely affect other
property on in the vicinity; and
c. The proposed improvements will
meet the purpose and intent of
this part.
5. Maintenance
The owner shall be solely responsible
for the maintenance of any and all land-
scaping. This maintenance shall include
but not be limited to, removal of litter,
pruning, mowing of lawns, adequate wa-
tering for all plant life, and also weeding
in accordance with the Tree and Shrub
Care Guidelines as set in forth by the Wa-
terloo Park Commission. The owner shall
also be responsible for any replacement,
as necessary, in order to preserve the
landscaping plan as approved by this Sec-
tion. The responsibility to maintain the
landscaping shall include the parking
strip located between the private property
line and the public street or highway, di-
rectly adjacent to the owner's property. A
maintenance and right to enter agreement
shall be signed prior to a building permit
being issued.
PART VI
"A-1" AGRICULTURAL DISTRICT
6. Submittal Requirements
Submittal for landscape approval shall
include a separate planting plan showing
type, size, and number of plantings; a site
plan showing total area and total land-
scaped area and any supplementary in-
formation as required to demonstrate con-
formance to the landscape requirements.
Any deviations from the approved land-
scape plan must receive approval from
the City Planner or his/her designated
representative prior to installation.
7. Measured Compliance THE
FOLLOWING POINTS SHALL BE
The following point schedule and
conditions a. .1 to re.uired`landsca.m•
in all zones and shall be used in determin-
in achieved points for required planting:
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches
25 points per inch
Understory Trees
2 inch caliper or greater
1I/2 inch caliper or greater
1 inch caliper or greater
Shrubs
5 gallon or greater
2 gallon or greater
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
40 points
30 points
20 points
10 points
5 points
100 points
90 points
80 points
40 points
30 points
20 points
44
2A-8 REGULATIONS.
PART VI1'`"
"A-1" AGRICULTURAL
DISTRICT
2A-8 REGULATIONS.
The regulations set forth in this Part
and those contained in Part V shall apply in
the "A-1" Agricultural District.
The "A-1" District is intended to pro-
vide for areas of the community which' are
suitable for agricultural and interrelated agri-
cultural uses that are adjacent to residential,
commercial or industrial districts. Any out-
side storage of materials or e uipment shall
be limited and clearly incidental and acces-
sory to the Principal Permitted Use, and shall
not include the outside storage of junk or sal-
vage material or similar debris. Outside stor-
age of materials or equipment shall not be
permitted in a front yard. This provision
shall not restrict the outside storage of li-
censed and operable vehicles or agricultural
equipment or machinery that are accessory
and clearly incidental to the Principal Permit-
ted Use.
A. Principal Permitted Uses:
1. Agricultural and the usual agricul-
tural buildings and structures. Also a
single-family dwelling provided that
the owner/occupant is actively en-
gaged in the farming operation and is
a member of the farm owner's imme-
diate family. For the purpose of this
Section, the immediate family shall be
interpreted as father, mother, son,
daughter, wife, husband, brother, sis-
ter, grandparent or grandchild. Only
one (1) lot that is a minimum of three
(3) acres for this purpose shall be se-
parated from a farm and at least thir-
ty-five (35) acres shall remain after the
transfer with the farm. [Ordinance
4656, 11/10/03]
2. Truck gardening and nurseries (Ordi-
nance 4656, 11/10/03], provided how-
PART VI
"A-1" AGRICULTURAL DISTRICT
2A -S REGULATIONS.
ever that any structures associated
with such uses shall comply with Sec-
tion 2A-7 (E) as if accessory to a single
family residence, unless such uses are
located on a farm as defined herein.
3. S.ccialized poultry, Pigeon, rabbit
and other specialized animal farms,
but not including the feeding or dis-
posal of community or collected gar-
bage.
4. Riding Stables, public and private, rid-
ing academies and clubs, and riding
arenas, where there exists an area de-
voted to such purposes of at least five
thousand 5 000 s.uare feet .erani-
mal and provided further that no
structure or building for the stabling
of horses or tethering area be closer
than fifty (50) feet from abutting resi-
dential properties. The area devoted
to such uses shall be kept in a clean
and sanitary condition.
5. Grain elevators with usual accessory
structures and the seasonal storage of
coal whenever on or adjacent to and
not more than one hundred (1.00) feet
from a railway right-of-way.
6. Mining and extraction of minerals or
raw material, including sand or gravel
pits or borrow sites, subject to ap,
proval by the City Council upon ap-
proval of a Special Permit by the
Board of Adjustment after review by
the Commission.
7. Airports and landing fields, with Fed-
eral Aviation Administration ap-
proval if required.
8. Forest and forestry.
9. Parks, playgrounds, gelf-eour2ses, beth
public and private recreational trails,
and similar recreational uses.
10. Any pubhc building or use erected or
maintained by any department of the
ci 'townshicount state or federal
government a public agency, upon
45
a royal of a S ecial Permit b the
Board of Adjustment after recom-
mendation of the Commission, except
as provided in Section 2A-48.
11. Public utility structures and equip-
ment necessary for the operation the-
reof in accordance with Section 2A-48.
12. Transmitting stations and towers in
accordance with Section 2A-48.
13. Recreational vehicles as defined here-
in, within special flood hazard areas
zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
1. Be on the site for fewer than 180
consecutive days, and
2. Be fully licensed and ready for
highway use.
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by disconnect type utilities and
security devices, and has no perma-
nent attached additions. [Ordinance
4125, 9/11/95] A recreational vehicle
that is accessory to a Principal Permit-
ted Use and is fully licensed and
ready for highway use may be on the
site for more than 180 consecutive
days for storage purposes only and
not living quarters. [Ordinance 5049,
6/20/11]
14. Single-family homes that were legally
built prior to adoption of this Ordi-
nance 2479, adopted 02/03/69. For
the purposes of this Ordinance, any
such legally established dwelling is
not considered a non -conforming use
as defined herein, but is considered a
legal use. Furthermore, any such le-
gally established dwelling may be re-
built on the same lot as legally estab-
lished, provided that all other rules
and regulations of this Ordinance are
met. [Ordinance 4656, 11/10/03]
PART VI(A)
"R -R" RURAL RESIDENCE DISTRICT
2A-9 HEIGHT REGULATIONS.
15. Public and parochial schools andoth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion, u on ap royal of'a Special Per-
mit by the Board of Adjustment after
review by the Commission.
16. Large Wind Energy Facilitiesupon
approval of a Special Permit by the
Board of Adjustment after review by
the Commission and in accordance
with Section 2A-48.
B. Accessory Uses:
1. Accessory uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
2. Repealed by Ordinance 4724, 9/20/04.
in the conduct f agriettltural epera-
pal dwelling n a farm. [Ordinance
3151, 6/15/81]
2A-9 HEIGHT REGULATIONS.
Any building hereafter erected or
structurally altered may be erected to any
height not in conflict with other existing or
future ordinances of the City of Waterloo.
2A-10 LOT AREA, LOT FRONTAGE AND
YARD REQUIREMENTS BULK
REGULATIONS
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 2A-48:
"A-1" AGRICULTURAL DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD al
MINIMUM
SIDE
YARD
MINIMUM
REAR YARD
Farm or Farm House
35 Acres
No Minimum
35 Acres
50 Feet
25 Feet
50 Feet
Dwellings
Single Family Dwellings
1.5 Acres
150 Feet
1.5 Acres
50 Feet
25 Feet
50 Feet
built prior to Ordinance
Other Permitted Uses
315 Acres
No Minimum
31.5 Acres
50 k Feet
50 ft: Feet
50 ft, Feet
'1The front yard depth of any lot abutting on a 'Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan
PART VI(A)
"R -R" RURAL RESIDENCE
DISTRICT
[Ordinance 4616, 6/9/03]
46
2A -10A PURPOSE
The "R -R" Rural Residential District is
intended to provide regulations for land
that is being converted to large lot resi-
dential uses. Tracts of land Lots to be in-
cluded in this District must be larger than
one and one half (1.5) acres but smaller
than ten (10) acres. Because availability of
PART VI(A)
"R -R" RURAL RESIDENCE DISTRICT
2A -10B REGULATIONS
either water or sewer services for proper-
ties in this District are provided through
the use of individual wells or rural water
type system and septic systems they must
meet Board of Health standards. Areas to
be developed shall be conducive to the
construction and operation of onsite
waste treatment systems and private wa-
ter wells to be determined by the Black
Hawk County Health Department. The
Health Department may require an engi-
neered plan for onsite waste treatment
systems and private water wells. The
purpose of this District is to restrict the
permitted uses to those that are compati-
ble with agricultural, residential, and en-
vironmentally sensitive areas. Individu-
als building in this area should be made
aware of potential conflicts with agricul-
tural uses (such as the spreading of ma-
nure) and that the City of Waterloo pro-
vides no protection against 24 hour agri-
cultural operations. Police and fire pro-
tection, as well as other services, in the
"R -R" Rural Residential District may not
be comparable to other residential dis-
tricts in the City of Waterloo. This District
should only be used in areas where the
City of Waterloo does not foresee extend-
ing infrastructure due to topography or
other barriers and not used as a means to
circumvent extending city services in ar-
eas where it is feasible.
2A -10B REGULATIONS
The regulations set forth in this Part
and the regulations contained in Part V
shall apply in the "R -R" Rural Residential
District.
A. Principal Permitted Uses:
1. Single-family dwellings.
2. Farming, specialized animal farms
and truck gardening, but not on a
scale that would be obnoxious to adja-
cent areas because of noise or odors.
Farm animals, livestock and special -
ized'anirnal farms shall be permitted
upon approval of a Special Permit by
the Board of Adjustment after rec-
ommendation of the Commission, ex-
cept as provided in Section 2A-48.
Horses shall be regulated by 2A -10B
(B)(5).
3. Public or semi-public parks.
4. Public utility structures and equip-
ment necessary for the operation the-
reof in accordance with Section 2A-48.
B. Accessory Uses:
1. Accessory uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
2. Temporary buildings for uses inciden-
tal to construction work, which build-
ings shall be removed upon the com-
pletion or abandonment of the con-
struction work.
3. Repealed by Ordinance 4724, 9/20/04.
4. Home Occupations
5. Stables, non-commercial where there
exists an area devoted to such pur-
poses of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per an-
imal exceeding two (2) in number
housed or tethered and provided fur-
ther that no structure or building for
the stabling of horses or tethering area
be closer than fifty (50) feet from the
abutting residential properties. The
area devoted to such uses shall be
kept in a clean and sanitary condition
2A -10C HEIGHT REGULATIONS
No building shall exceed three (3) sto-
ries or forty (40) feet in height, except as
provided in Section 2A-48
37
1
PART VII
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 2A -10D LOT AREA, FRONTAGE AND YARD REQUIREMENTS BULK REGULATIONS
USE
REGULATIONS
The following minimum requirements
shall be observed, subject to the modified
requirements contained in Section 2A-48:
"R -R" RURAL RESIDENCE DISTRICT
Single Family Dwell
nl$s
Other Permitted Uses
Minimum Maximum Minimum Lot Minimum
Lot Area Lot Area Width Front Yard
1.5 Acres
1.5 Acres
Minimum Side Minimum Rear
Yard Yard
10 Acres
150 Feet
50 Feet
25 Feet
50 Feet
10 Acres
150 Feet
PART VII"
"R-1" ONE AND TWO
FAMILY RESIDENCE
DISTRICT
2A-11 REGULATIONS.
The regulations set forth in this Part
and the regulations contained in Part V
shall apply in the "R-1" Residence Dis-
trict.
The "R-1" District is intended to
vide for areas of the community which
are suitable for Iow density residential
uses that are adjacent to residential lTO
fessional office or neighborhood commer-
cial uses. Any outside storage of materials
or equipment shall be limited and clearly
incidental and accessory to the Principal
Permitted Use, and shall not include the
outside storage of junk or salvage mate-
rial or similar debris Outside storage of
materials or equipment shall not be per -
mined m a front yard. This provision
shall not restrict the outside storage of li-
censed and operable vehicles that are ac-
cessory and clearly incidental to the Prin-
cipal Permitted Use.
38
50 Feet
25 Feet
50 Feet
A. Principal Permitted Uses:
1. One and two family dwellings, includ-
ing two-family row dwellings. (Ordi-
nance 4618, 6/16/03]
2 Churches Religious facilities atd--ae•-
, upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of the
City Planning, Programming, and
Zoning Commission.
3. Public and parochial schools, elemen
tary and high, and other educational
institutions having an established cur-
rent curriculum the -same similar to
that as ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion, upon approval of a Special Per-
mit by the Board of Adjustment after
recommendation of the Commission.
4. Private RefFellMammereial recreational
areas and facilities, swimming pools,
skating facilities, institutional or
community recreation centers or fields
including country clubs, and golf
courses and drivin ran es a on ap
proval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission.
PART VII
"R4" ONE AND TWO FAMILY RESIDENCE DISTRICT
2A-11 REGULATIONS.
5. Farming and truck gardening, but not
on a scale that would be obnoxious to
adjacent areas because of noise or
odors and provided that no struc-
tures shall be permitted unless acces-
sory to another Principal Permitted
Use or unless such structure is located
on a farm as defined herein. Farm an-
imals and livestock, except horses and
except hobby farms as provided in
Section 2A-48, shall be prohibited.
6. Family Homes. [Ordinance 3959,
7/26/93] [Ordinance 4554, 6/3/02]
7. Recreational vehicles as defined here-
in within special flood hazard areas
zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
1. Be on the site for fewer than 180
consecutive days, and
2. Be fully licensed and ready for
highway use, or,
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by disconnect type utilities and
security devices, and has no perma-
nent attached additions. [Ordinance
4125, 9/11/95] A recreational vehicle
that is accessory to a Principal Permit-
ted Use and is fully licensed and
ready for highway use may be on the
site for more than 180 consecutive
days for storage purposes only and
not living quarters. [Ordinance 5049,
6/20/11]
8. Parks .la •rounds " recreational
trails, and similar recreational uses.
9. Any public building or use erected or
maintained by any department of the
cit 'townshicoun state or federal
government, upon approval of a Spe-
cial Permit by the Board of Adjust-
ment after 'recommendation of the
Commission, except as provided in
Section 2A-48.
39
10. Public or .rivate cemeter rovided it
is on a minimum of thirty (30) acres,
u.on a•.roval of a S.ecial Permit b
the Board of Adjustment after rec-
ommendation of the Commission.
This provision shall not prohibit the
expansion of an existing cemetery that
is less than thirty (30) acres.
11. Public utility structures and equip-
ment necessary for the operation the-
reof in accordance with Section 2A-48
12. Transmitting stations and towers in
accordance with Section 2A-48.
B. Accessory Uses:
1. Accessory Uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
Accessory structures shall rmeet the
requirements provided for residential
accessory structures in Section 2A-7
fE), including structures accessory to
non-residential -Principal Permitted
Uses unless' approved by Special Per-
mit.
2. Temporary buildings for uses inciden-
tal to construction work, which build-
ings shall be removed upon the com-
pletion or abandonment of the con-
struction work.
3. Repealed by Ordinance 4724, 9/20/04.
4. Church bulletin boards.
54. Home occupations.
65. Horse Stables, non-commercial where
there exists an area devoted to such
purposes of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per an-.
inial horse exceeding two (2) in num-
ber housed or tethered and provided
further that no structure or building
for the stabling of animals horses or
tethering area be closer than fifty (50)
feet from the abutting residential
properties. The area devoted to such
PART VII
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
2A-12 HEIGHT REGULATIONS.
uses shall be kept in a clean and sani-
tary condition.
7. Day care services shall be permitted
pr vided the following conditions are
met fa. through g Ordinance 3755,
12/10/90]
least six hundred (600) feet from
an ar a designated by the Blade
Hawk County H alth Department
to be a h alth problem for chil
dren.
(b) If the day care property is located
on a maj r or minor arterial or col
lector street as designated on the
Waterloo Functional Clas.,ification
property must be gained from a
public alley x driveway that al
lows a vehicle to re enter the street
in a forward movement only.
(c) The day care service shall be in
compliance with all state laws per
no noises shall be generated be
yond that allowed by the City of
Waterloo Noi;e Ordinance.
defined in (b) above, the traffic
generated by that day care .,eiviee
shall not impede traffic flow on
any other street by reducing traffic
movement—below two moving
the day care to inform those using
requirement.)
(g) N day care service shall be lo
cated IL, thart three hundred
(300) feet from another day care
service as measured from the
day care properties.
2A-12 HEIGHT REGULATIONS.
No building shall exceed two and one-
half (21) stories or thirty-five (35) feet in
height, which ever is less, except as provided
in Section 2A-48 and no accessory structure
shall exceed one (1) story r fifteen (15) feet in
a height, except as provided in Section 2A-48
7 (E) unless approved by Special Permit. [Or-
dinance 3050, 10/1/79]
2A-13
YARD REQUIREMENTS BULK
REGULATIONS.
[Ordinance 3293, 7/25/83]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 2A-48:
• . I P 5 . N
"R-1" RESIDENCE DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
MINIMUM
FRONT
YARD PI
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD 0114i
MAXIMUM
LOT
COVERAGE
12)
One Single
9,000 sq. ft.
75 feet
9,000 sq. ft.
30 ft.
10% of the lot width,
which in any case
shall not be required
to exceed 10 feet
30 ft.
35%
Family
Dwellings
Two Family
10,000 sq. ft.
80 feet
5,000 sq. ft.
30 ft
10% of the lot width,
30 ft.
35%
40
PART VIII
"R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT
2A-14 REGULATIONS:
Dwellings
which in any case
shall not be required
to exceed 15 feel
Other
Permitted
Uses
10,000 sq. ft.
80 feet
10,000 sq. ft.
35 ft.
10% of the lot width,
which in any case,
shall not be required
to exceed 20 feet
35 ft.
3S% No Max -
imum
in The front yard depth of any lot abutting on a "Major Street" hall be measured from the proposed right-of-way lines as
shown on the Official Major Street Plan.
Pi No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This in-
cludes, but is not limited to, detached garages, sheds, all other accessory structures as web as the principal use but does
not include a deck as defined herein, provided no roof exists over the deck. This requirement pertains to single family and
two family hones exclusively. (Ordinance 4709, 8/9/041
ts) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot
line. In these instances the minimum rear 'ard setback will be the same as the nearest rear and deth that was le all
established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot
n1For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in
direct proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
PART VIII
"R-2" ONE AND TWO
FAMILY RESIDENCE
DISTRICT
2A-14 REGULATIONS:
The regulations set forth in this Part and
contained in Part V shall apply in the "R-2"
One and Two Family Residence District.
The "R-2" District is intended to provide
for areas of the community which are suitable
for low density residential uses that are adja-
cent to residential, professional office ' or
neighborhood commercial uses. Any outside
storate'of materials or ern ui.ment shall be
limited and clearly incidental and accessory
to the 'Princi.al Permitted Use and shall not
include the outside storage of junk or salvage
material or similar debris. Outside storage of
materials or e.ui.ment shall not be .ermitted
in a front yard. This provision shall not re-
strict the outside storage of licensed and op-
erable vehicles that are accessory and clearly
incidental to the Princi.al Permitted Use.
A.
1
Principal Permitted Uses:
Any use permitted in the "R-1" Resi-
dence District, but not including ani
myoultry husbandry on any
41
B.
2.
purpocca.
chiding two family r w dwellings.
{Ordinance 4618, 6/16/031
3. Alterations and conversions of single
family dwellings into two family
dwellings in accordance with the lot
area, frontage and yard requirements
as set forth in this Section; upon ap-
proval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission.
Accessory Uses:
1. Any accessory use permitted in the
"R-1" District.
2A-15 HEIGHT REGULATIONS.
Same as specified in the "R-1" District.
2A-16 BULK REGULATIONS
LOrdinance 3210, 5/10/82]
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 2A-48:
PART IX
"R-3" MULTIPLE RESIDENCE DISTRICT
2A-17 REGULATIONS.
"R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD 10
MINIMUM
SIDE YARD
MINIMUM
REAR
YARD OA
MAXIMUM
LOT
COVERAGE (r)
One Single Family
6,000 sq. ft.
50 ft.
6,000 sq. ft.
20 ft.
5 ft.
20 ft.
35%
Dwelling
Two Family Dwell-
8,000 sq. ft.
70 ft.
4,000 sq. ft
20 ft.
5 ft.
20 ft.
35%
ings
Other Permitted
Uses
SAME. AS SPECIFIED IN THE "R-1" DISTRICT
10 The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(2) No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, all other accessory structures as well as the principal use but does not include a deck as
defined herein, provided no roof exists over the deck. This requirement pertains to single family and two family homes exclusively.
[Ordinance 3210, 5/10/82]
(3) The rear yard setback is required except where an exlsbng principal building on an abutting lot is closer to the rear lot line. In
these instances theminimum rear yard setbackwill be the same as the nearest rear yarddepth that was legally established:This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(I) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased it direct pro-
portion thereto, but in no case shall the rear yard be less than ten (10) feet.
PART IX'
"R-3" MULTIPLE RESIDENCE
DISTRICT;
[Ordinance 2524, 4/27/70]
2A-17 REGULATIONS.
The regulations set forth in this Part and
contained in Part V shall apply in the "R-3"
Multiple Residence District.
The "R-3" District is intended torp ovlde
for areas of the community which are suitable
for low, medium and high density residential
uses that are adjacent to residential, profes-
sional office or neighborhood commercial
uses: Any outside storage of materials or
equipment shall be limited and clearly inci-
dental and accessory to the Principal Permit-
ted Use, and shall not includethe outside sto-
rage of junk or salvage material or similar de-
bris. Outside storage of materials or equip-
ment shall not be permitted in a front yard.
Trovision shall not restrict the outside
storage of licensed and operable vehicles that
42
are accessory and clearly incidental to the
Principal Permitted Use.
A. Principal Permitted Uses:
1. Any use permitted in the "R-2" One
and Two Family Residence District.
2. Multiple, Condominium and Row
Dwellings.
3. Boarding and lodging houses, room-
ing houses, and bed and breakfasts.
4. Group Homes (Voluntary Super-
vised), upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the City Planning, Pro
gramming, and Zoning Commission.
[Ordinance 4554, 6/3/02]
5. Non-profit institutions of a religious,
educational or philanthropic or educa-
tional nature, including libraries,
upon approval of a Special Permit by
the Board of Adjustment after rec-
ommendation of the Commission.
6. Day care (adult or child), nursing and
convalescent homes, and hospice fa-
PART IX
"R-3" MULTIPLE RESIDENCE DISTRICT
2A-18 HEIGHT REGULATIONS.
edifies hespitaS-except at l -hospi-
tals ---and clinic. [Ordinance 3755,
12/10/90]
7. Private clubs, fraternities, sororities,
and lodges u•on a •royal of a S e-
cial Permit by the Board of Adjust-
ment after recommendation of the
Commission, excepting those the
principal activity of which is a service
customarily carried on as a business.
8. Mobile home parks, including factory-
built home parks if the structures are
not classified as real estateon ap-
proval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission.
9 Hospitals, excluding animal hospitals,
and clinics u • on a • . roval of a S • ecial
Permit by the Board of Adjustment af-
ter recommendation of the Commis-
sion.
10. Alterations and conversions of single
family dwellings or duplexes into two
family dwellings or multiple family
dwellings in accordance with the lot
area, frontage and yard requirements
as set forth in this Section upon ap-
proval of a 'Special Permit by the
Board of Adjustment after 'recom-
mendation of the Commission.
B. Accessory Uses:
1. Accessory uses permitted in the "R-2"
District.
2. Other accessory uses and structures,
not otherwise prohibited, customarily
accessory and incidental to any per-
mitted principal use. [Ordinance 4724,
9/20/04] Accessory structures shall
meet the requirements provided for
residential accessory structures in Sec-
tion 2A-7 (E), including structures ac-
cessory to non-residentialprincipally
permitted uses unless approved by
Special Permit.
3. Storage garages where the lot is occu-
pied by multiple dwelling, hospital, or
institutional building, for storage of
items accessory to the Principal Per-
mitted Uses.
2A-18 HEIGHT REGULATIONS.
No principal building shall exceed three
(3) stories or forty-five (45) feet in height at
the required front, side and rear yard lines,
but above the height permitted at said yard
lines, two (2) feet may be added to the height
of the building for each one (1) foot that the
building or portion thereof is set back from
the required yard lines and except as further
provided in Section 2A-48. No accessory
structure shall exceed a height as provided in
Section 2A-7 (E), including structures acces-
so to non-residential •rinci•all •emitted
uses unless approved by S •ecial Permit.
43
2A-19 BULK REGULATIONS
[Ordinance 3210, 5/10/82]
[Ordinance 3908, 12/21/92]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 2A-48:
PART IX
"R-3" MULTIPLE RESIDENCE DISTRICT
"R-3" MULTIPLE RESIDE
2A -19A LANDSCAPING REGULATIONS
(')The front yard c epth of any lot abutting on a 'Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(')Above yard requirements for mobile home parks, and multiple dwellings including multiple dwelling condominium and row
dwellings, apply to total area and not individual units except minimum lot area per family requirement.
(')Side yard requirements for mobile home parks may be reduced to ten (10) feet where such court or park abuts a less restrictive
zoning dishict.
(')No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, as well as the principal use but does not include a deck as defined herein, provided no roof
exists over the deck. This requirement pertains to single family and two family houses exclusively. [Ordinance 3210, 5/10/82]
(5)A building may-beeonstrueted-do.,er t the property-line-thandh uhed et+-
-a,�.r
meq-uildir}nt-s."-.e n';(tocn,.ittgeeudi-
a)—the--pure amid}ne-adjoining_praperty-is set back a distance -greater than the -required -setback for the height -of the building
under these -requirements.
ls)—the-adjoining property -owner in willing to convey the right -to -develop thedncrca.,ed setback or a p rionthereof to the party
desuaus-efeonstraetmg a buildingeieser to his/her property ire n-theiequiaed • etbaek-
e) ual-todke-tetalyequired nide-yard-setback for b th buildingsts-previded between the , tinetetes;
d)--"' p r • vcrhang.,; may-prnjcct beyond -the prepertyduie,
e) --the applieant-shall sin l..: n.- c'....p
r t � -wing-9ffice, a T R -(Tr. ,. t-p;,,t,.a b:_._.
(, ,ed a deed restriction
the
stating that the defined p rd n of the adjacent property shall not be develeped�'"" �aumeynts hall be-reeerdec{ with gnc
Biaek-Hawk.Cwmty-Reeerders office -prier to a building-permitbeing-issxed. (Otdnnimee-3908, 12/21/92]
(5) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot:
(ei) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
2A 19A LAN
4
Move entire section to Section 2A -7(S)
[Ordinance 3907, 12/27/92]
This part Section shall apply to the fol-
lowing activities for all "R-3" or less restric-
44
five uses; except those located in the "C-3"
zone, which engage in one or more of the fol-
lowing:
1. new construction
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD,/
MINIMUM
SIDE YARD
MINIMUM
REAR YARD
(5)(6)
MAXIMUM
LOT
COVERAGE(+)
One Single Fain-
sly Dwellings
6,000 sq. ft.
50 feet
6,000 sq. ft.
20 feet
5 feet
20 feet
35%
Two Family
Dwellings
7,200 sq. ft.
70 feet
3,600 sq. ft.
20 feet
5 feet
20 feet
35%
Multi np -Famiiy
Dwellings Cor
10,000 sq. ft.
80 feet
2,500 sq. ft.
30 feet
5 feet tit
10 feet (5)
10 feet ky
30 feet
No Maximum
dominium, &
Row Dwellings
& Other Permit-
ted Uses (A:
1 & 1.5 story
2 & 2.5 story
3 story
Mobile Horne
park (2)
120 acres
total area
150 feet total
6,000 sq. ft.
per unit
250 feet around
20 ft. around
250 feet
No Maximum
width
perimeter
p
`...e i)around
penmeter (�
aroundpe-
rimeter
(')The front yard c epth of any lot abutting on a 'Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(')Above yard requirements for mobile home parks, and multiple dwellings including multiple dwelling condominium and row
dwellings, apply to total area and not individual units except minimum lot area per family requirement.
(')Side yard requirements for mobile home parks may be reduced to ten (10) feet where such court or park abuts a less restrictive
zoning dishict.
(')No structure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, as well as the principal use but does not include a deck as defined herein, provided no roof
exists over the deck. This requirement pertains to single family and two family houses exclusively. [Ordinance 3210, 5/10/82]
(5)A building may-beeonstrueted-do.,er t the property-line-thandh uhed et+-
-a,�.r
meq-uildir}nt-s."-.e n';(tocn,.ittgeeudi-
a)—the--pure amid}ne-adjoining_praperty-is set back a distance -greater than the -required -setback for the height -of the building
under these -requirements.
ls)—the-adjoining property -owner in willing to convey the right -to -develop thedncrca.,ed setback or a p rionthereof to the party
desuaus-efeonstraetmg a buildingeieser to his/her property ire n-theiequiaed • etbaek-
e) ual-todke-tetalyequired nide-yard-setback for b th buildingsts-previded between the , tinetetes;
d)--"' p r • vcrhang.,; may-prnjcct beyond -the prepertyduie,
e) --the applieant-shall sin l..: n.- c'....p
r t � -wing-9ffice, a T R -(Tr. ,. t-p;,,t,.a b:_._.
(, ,ed a deed restriction
the
stating that the defined p rd n of the adjacent property shall not be develeped�'"" �aumeynts hall be-reeerdec{ with gnc
Biaek-Hawk.Cwmty-Reeerders office -prier to a building-permitbeing-issxed. (Otdnnimee-3908, 12/21/92]
(5) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot:
(ei) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
2A 19A LAN
4
Move entire section to Section 2A -7(S)
[Ordinance 3907, 12/27/92]
This part Section shall apply to the fol-
lowing activities for all "R-3" or less restric-
44
five uses; except those located in the "C-3"
zone, which engage in one or more of the fol-
lowing:
1. new construction
PART IX
"R-3" MULTIPLE RESIDENCE DISTRICT
2A -19A LANDSCAPING REGULATIONS
2. expansion of an existing building
equal to 10% or 1000 square feet
whichever is less
3. new or expanded parking areas
A. Landscape Area and Planting Re-
quirements
Developments requiring landscaping un-
der this part shall provide one of the follow-
ing combinations of landscaped area and
planting points per square foot of total lot
area:
LANDSCAPED
AREA
35 % or more
30 %
25%
20%
15%
10% or less
POINTS PER
SQUARE FOOT
.015
.02
.025
.03
.035
.04
The point schedule in Part XX 2A 43A; F2
shall be used in determining points for re
quircd planting The' following landscaping
Ter uirements shall be met:
A minimum of 65 percent of all required
points shall be achieved through tree plant-
ings.
The points required per square foot of ve-
hicular use area shall be placed within islands
in the vehicular use area and/or within five
feet (5') of the perimeter. There shall be .04
points per square foot of vehicular use area;
The intent is to position the plantings to en-
hance the overall appearance of the site.
All required trees within the vehicular use
area shall be two inch (2") caliper or greater
measured six inches (6") above grade at the
time of planting.
B. Street Tree Planting
A minimum of 1.5 points per linear foot of
street frontage must be met through the pro-
vision of trees, and planting shall comply
45
with the Vegetation Ordinance Chapter 35 of
the Waterloo Municipal Code. If circum-
stances do not allow plantings on the city
parking, street tree points shall be placed in
the street yard setback area.
C. Expansion of Existing Use
For additions to existing buildings or
parking areas, the following percent of total
points and total landscaped area shall be ap-
plied to the project dependent upon the total
size of all additions since the adoption of this
Section:
The lesser of:
10% - 20% addition
or 100 square feet
21% - 40% addition
or 2000 square feet
41% -50% addition
or 2500 square feet
51 % addition or
2501 square feet
D.
Shall require:
25% of Ordinance
requirements
50% of Ordinance
requirements
75% of Ordinance
requirements
100% of Ordinance
requirements
Alternative Compliance
[Ordinance 3964, 8/9/93]
For sites larger than two one (2 1) acres in
area or those with difficult site conditions, the
City Planner or his/her designated represen-
tative may approve the plan if the following
findings are made:
1. The proposed improvements will ful-
fill an individual and/or community
need and will not adversely affect the
goals of the Land Use Policy Plan; and
2. The proposed improvements, because
of the conditions that have been ap-
plied to it, will not be detrimental to
the health, safety and the general wel-
fare of persons residing or working on
the area and will not adversely affect
other property on the vicinity; and
3. The proposed improvements will
meet the purpose and intent of this
part.
PART X
"R-4" MULTIPLE RESIDENCE DISTRICT 2A-20 REGULATIONS.
E. Maintenance
The owner shall be solely responsible for
the maintenance of any and all landscaping.
This maintenance shall include but not be
limited to, removal of litter, pruning, mowing
of lawns, adequate watering for all plant life,
and also weeding in accordance with the Tree
and Shrub Care Guidelines as set in forth by
the Waterloo Park Commission. The Owner
shall also be responsible for any replacement,
as necessary, in order to preserve the land-
scaping plan as approved by this Section.
The responsibility to maintain the landscap-
ing shall include the parking strip located be-
tween the private property line and the pub-
lic street or highway, directly adjacent to the
owner's property. A maintenance and right
to enter agreement shill be signed prior to a
building permit being issued.
F. Submittal Requirements
Submittal for landscape approval shall in-
clude a separate planting plan showing type,
size, and number of plantings; a site plan
showing total area and total landscaped area
and any supplementary information as re-
quired to demonstrate conformance to the
landscape requirements. Any deviations
from the approved landscape plan must re-
ceive approval from the City Planner or
his/her designated representative prior to
installation.
G. Measu
ed Compliance THE
AWARDED FOR EACH TYPE OF
PLANTING LISTED BEL W:
The following point schedule and condi-
tions apply- torequired landscapng in all
zones and shall be used in determining
achieved pointsfor re uq fired planting_
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches 25 points per inch
46
Understory Trees
2 inch caliper or greater
11 inch caliper or greater
1 inch caliper or greater
Shrubs
5 gallon or greater
2 gallon or greater
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
40 points
30 points
20 points
10 points
5 points
100 points
90 points
80 points
40 points
30 points
20 points
PART X
"R-4" MULTIPLE RESIDENCE
DISTRICT
2A-20 REGULATIONS.
[Ordinance 3050, 10/1/79]
The regulations set forth in this Part and
contained in Part V shall apply in the "R-4"
Multiple Residence District.
The "R-4" District is intended to provide
for areas of the community which are suitable
for low, medium and high density residential
uses and professional offices that are adjacent
to residential, professional office or neighbor-
hood commercial uses. Any outside storage
of materials or equipment shall be limited
and clearly incidental and accessory to the
Principal Permitted Use, and shall not include
the outside storage of junk or salvage mate-
rial or similar debris. Outside storage of ma-
terials or equipmenf shall not be permitted in
a front yard. This provision shall not restrict
the outside storage of licensed and operable
vehicles that are accessory and clearly inci-
dental to the Principal Permitted Use.
A. Principal Permitted Uses:
1. Any use permitted in the "R-3" Dis-
trict.
PART X
"R4" MULTIPLE RESIDENCE DISTRICT
2. Funeral Homes & Mortuaries
3. Halfway (Rehabilitation)—{Hiway)
Houses, upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the
Commission.
The Rehabilitation (Halfway) House
shall be at least 600 feet from a one or
two family home, and one -thousand
(1,000) feet from a school, adult use,
Family Home, Group Home, or an-
other Halfwa Rehabilitation).--( alf-
way) House. [Ordinance 4554, 6/3/02]
4. Group Homes (Voluntary Unsuper-
vised), upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the
Corrunission.
The Group Home shall be at least six -
hundred (600) feet from a one or two
family home, school, adult use, Family
Horne, Group Home, or Rehabilitation
(Halfway) House. [Ordinance 4554,
6/3/02]
5. Group Homes (Involuntary Super-
vised) upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the City Plamling, Pro
Commission.
The Group Home shall be at least six -
hundred (600) feet from a one or two
family home, school, adult use, Family
Home, Group Home, or Rehabilitation
(Halfway) House. [Ordinance 4554,
6/3/02]
6. Professional Offices, with less than
for 40 .ercent of the buildir
such
used fo
stora
e and or
as:
Accountants
Architects
Art Schools
Artists
Barber Shop
Beauty Shop
Chari Philanthro
2A-21 HEIGHT REGULATIONS.
Church Offices
Civil Engineers
Collection Agency
Credit Bureau
Dental Offices
Entertainment Bureau
Insurance
Lawyers
Medical Offices and Clinics with Dis-
pensary
Nurses Registry
Psychologists
Public Stenographers
Real Estate
Other uses similarnro ons office
uses not included in the above list to
subject to the administrative review
and approval of by the City -Planning;
cion staff. If staff determines that the
osed use isnot similar in nature
osed use
lated in
.To.
it shall be considered a
tle as
not covered b
2A-7 (R).
Council
7. Tourist Home
8. Recording Studios [Ordinance 3739,
8/20/90]
9. Senior orgariLpiaao training center
[Ordinance 4424, 7/10/00]
B. Accessory Uses:
1. Accessory uses permitted in the "R-3"
District.
2. Repealed by Ordinance 4724, 9/20/04.
2A-21 HEIGHT REGULATIONS.
No buildings shall exceed three four (3 4)
stories or forty-five eight (45 8) feet in height
at the required front, side and rear yard lines,
except two (2) feet may be added to the
height permitted at said yard lines for each
one (1) foot that the building or portion the-
reof is set back from the required yard lines
47
PART X
"R-4" MULTIPLE RESIDENCE DISTRICT
and except as further provided in Section
2A-48.
2A-22 BULK REQUIREMENTS.
[Ordinance 3210, 5/10/82]
2A-22 BULK REQUIREMENTS
/Ordinance 3908, 12/21/92]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 2A-48:
"R-4" MULTIPLE FAMILY RESIDENCE DISTRICT
USE
One Sunete
Family Dwell-
s
Two Family
Dwelliri • s
Multi -Family &
Other Permit-
ted Uses 1):
1 & 1 1/2 stories
2 & 2'/z stories
3 & 3'/2 stories
4 or -Tore sto
ties
Mobile Horne
Park (2)-o)tn
MINIMUM
LOT AREA
6,000 sq. ft.
7,200 sq. ft.
8,000 sq. ft.
8,000 sq. ft.
8,000 sq. ft.
8,000 sq. ft
120 acre total
area
MINIMUM
LOT
WIDTFI
50 ft.
60 ft.
65 ft.
65 ft.
70 ft.
80 ft.
100 150 feet
total width
MINIMUM
LOT AREA
PER FAMILY
6,000 sq. ft.
3,600 sq. ft.
2,000 sq. ft. for
the first4
units
plus 850 sq. ft
per additional
unit on 1st,
2"a, 3"' floor
and 450 sq. ft.
per unit above
3"'
3,000 sq. ft.
per unit
MINIMUM
FRONT
YARD a)
20 R.
20 ft.
20 ft.
20 ft.
20 ft.
MINIMUM SIDE
YARD
5 ft.
5 ft.
5 R.
10 ft. '1
10 ft. (S
MINIMUM
REAR
YARD ons)
20 ft.
20 ft.
35 ft.
35 ft.
35 ft.
See e IE-fer- 11-
regnxeme
20 ft:
2 1L 35 ft.
250 ft.
around oe-
ritneter
20 ft around pe-
rimeter (a2
40 20 It
around pe-
runeter
MAXIMUM
LOT
COVERAGE (52)
35%
3570
No Maximum
No Maximum
No Maximum
No Maxummn
No Maximum
(')The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
O..
.... -.. Lar-mots sha&beull-weather, duit-free-snrfaeing;
O e-yard-requirements-fer-aa
_zr1 oP�ks-appiyie-fetal area and -not -individual -a
uirements for mobile home parks may be reduced to ten (10) feet where such park abuts a less restrictive zoning
district.
uSide yard ret
(Sl)Nostructure or combination of structures shall cover more than thirty-five (35) percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, as well as the principal use but does not include a deck as defined herein .rovided no roof
exists over the deck. This requirement pertains to single family and two family homes exclusively. (Ordinance 3210, 5/10/82]
(SA ' gm23`-I3e-eenstruetead-elo
tioiarareameti serro-the-P 6erf}`lume-Nwr+he-required-setback-fer-the-t .�a.
'+glN-if-klme-felloiving condi-
a)--the structurh s
einun -
rfy-eset-baek-a-.#istauee-�reaterdhau-tkne�'equirecl-setback-fer-Hae-height-efhe�madc#it
under these -req
b) --theadjamatng proper' l . .
desiromrs-of-een::true ng -a -build -closer -to- heeprta ' 'cketback or a portion -thereof -to -the -party
c) an arca-equal-t Mare =t red-seHsetbnaelF
stde3'ard-seHaaek-fefboHrbuildaxgs-is-previded-b
d) ne-porhonoft e -b lecru es:
b' - . jeetbeyontyae jarepertY line.
e) the -app nt-shall-supply to th ala
.,t�t:.��=e-elefined on��� ��e,-:TBR-(T-ransfer-of-Develeptueril-Ri
Black-.Hn ti nem pe ll- be -clever d -.z -_ nnha-:ntteree rded-strietien
wk-Ca3u y+--Reet>rdets office-prier.,,-boildi ersaiEb 41/_doetonents shall -be.- r.ded yH> lac
�-p eing-issued-/9rAirtrxece-.398<R,-'�'a r2]
48
PART X(A)
'R -P" PLANNED RESIDENCE DISTRICT
2A -22A GENERAL REGULATIONS.
u) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
ovision a..lies to lots abuttin the side •ards that are not develo ed as a reverse fronts e lot.
For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct
proportion thereto, but in no case shall the rear yard be less than ten (10) feet.
(6)Above and re. uuements for mobile home arks and multi ,le dwellings incl uiin• multi le dwellin condominium and row
dwellings, apply to total area and not individual units except minintuun lot area per fancily requirement.
PART X(A)
"R -P" PLANNED
RESIDENCE DISTRICT
2A -22A - GENERAL REGULATIONS.
Move Entire "R -P" Section Here
PART XI
"S-1" DISTRICT
REGULATIONS
(Shopping Center Commercial District)
2A-23 STATEMENT OF INTENT
REGULATIONS.
The "S-1" District is intended to provide
for the development of shopping centers. For
the purpose of this Section, the term "shop-
ping center" shall mean a planned retail and
service area often under single ownership,
management, or control characterized by a
concentrated grouping of stores and com-
patible uses, with various facilities designed
to be used in common, such as ingress and
egress roads, extensive parking accommoda-
tions, drainage, etc. The "S-1" District shall
allow greater flexibility and diversification of
land uses and building locations than conven-
tional single lot method. It is the intent of this
section that the basic .rinci.les of ood land
use planning be maintained and that sound
zoning standards as set forth in this Ordi-
nance concerning orderly growth and devel-
o merit
evel-o.ment traffic .atterns and com.atible de-
sign and use be preserved.
Sinceshopping center developments,.
whether large or small, have a significant ef-
fect upon the Comprehensive Plan for the de-
velopment of the City, extensive authority
over their development is retained by the
City Council and the City Planning, Pro
gramming, and Zoning Commission. Many
49
matters relating to the shopping center's de-
sign, its potential for success or failure and its
effect upon surrounding neighborhoods must
be considered by the Council and Commis-
sion in order to reasonably be assured that
the area will not eventually become blighted.
It is further intended that in the event of an
applicant's failure to construct a shopping
center in accordance with a reasonable time
schedule, the City Council shall enact the ne-
cessary legislation to reclassify the area to an-
other classification consistent with the sur-
rounding neighborhood in order that the
property will not be sterilized from use. Such
action would also, because of the reduction in
commercial zoning in a given area, provide
conditions whereby it could be reasonable for
the Council to classify other areas in the vicin-
ity for shopping center use.
A. Procedures.
The owner or owners of any tract of land
comprising an area of not less than five (5)
acres may submit to the City Council a plan
for the commercial use and development of
such tract for the purpose of meeting the re-
quirements of this Section. Said plan shall be
accompanied by evidence concerning the fea-
sibility of the project and its effects on sur-
rounding property and shall include each of
the following:
1. A site plan defining the areas to be
developed for buildings, the areas to
be developed for parking, the location
of sidewalks and driveways and the
PART XI
"S-1" DISTRICT REGULATIONS
(Shopping Center Commercial District)
2A-23 STATEMENT OF INTENT REGULATIONS.
points of ingress and egress, including
access streets where required, the lo-
cation and height of walls, the location
and type of Landscaping, and the loca-
tion, size and number of signs.
2. An analysis of market conditions in
the area to be served, including the
types and amount of service needed
and general economic justification.
3. A traffic analysis of the vicinity indi-
cating the short term and long term
effect of the proposed shopping center
on the adjacent streets.
4. A statement of financial responsibility
to assure construction of the shopping
center, including landscaping, in ac-
cordance with the plan and the re-
quirements of this Section.
Said development plan shall be referred
to the City Planning, Programming, and Zon
ing Commission for study and for report after
public hearing. The City Planning,;' Pro
gramming, and Zoning Commission shall re-
view the conformity of the proposed devel-
opment with the standards of the Compre-
hensive Plan and with recognized principles
of civic design, land use planning, and land-
scaping architecture. The Commission may
approve the plan as submitted or before ap-
proval may require that the applicant modify,
alter, adjust, or amend the plan as the Com-
mission deems necessary to the end that it
preserve the intent and purpose of this Ordi-
nance to promote public health, safety, mor-
als, and general welfare. The development
plan as approved by the Commission shall
then be reported to the City Council, where-
upon the City Council may after notice and
public hearing approve or disapprove said
plan as reported or may require such changes
thereto as it deems necessary to effectuate the
intent and purpose of this Ordinance. Upon
approval of the plan, the City Council shall
then initiate a change in zoning of the subject
tract of land in accordance with the provi-
sions of Sec. 2A-55 of this Ordinance to the
"5-1" District classification.
50
B. Standards.
Uses permitted in the "5-1" District shall
include any use permitted in the "C-3" Dis-
trict, except adult uses as defined in this Or-.
durance or --and except as limited by this dis-
trict, provided, however, the Council may
consider any additional restrictions proposed
by the owner. The lot area, lot frontage, and
yard requirements of the "C-2" District shall
be considered minimum for the "5-1" District;
however, it is expected that these minimums
will be exceeded in all but exceptional most
situations. Buildings may be erected to
heights greater than those allowed in the
"C-2" District in accordance with the intent
and purpose of this Section, and the mini-
mum yard requirements and parking re-
guirements of this Ordinance shall apply to
all developments, except that the City Coun-
cil may, after recommendation from the
Commission, alter those requirements to pre-
serve the intent and purpose of this Ordi-
nance.
C. Completion.
The Council may make the approval of
the shopping center plan contingent upon the
completion of construction and improve-
ments within a reasonable period of time,
provided,; however, that in the determination
of such period, the Council shall consider the
scope and magnitude of the project and any
schedule or timetable submitted by the de-
veloper. Failure to complete the construction
and improvements within said period of time
shall be deemed sufficient cause for the
Council in accordance with the provisions of
Section 2A-55 to rezone the subject property
to the classification effective at the time of
original submission of the shopping center
plan unless an extension is recommended by
the
Commission and approved by the Council for
due cause shown. Any proposed change in
the shopping center plan after approval by
the Council, shall be resubmitted and consid-
ered in the same manner as the original pro-
posal.
PART XII
"C4" Neighborhood Commercial District 2A-24 REGULATIONS.
D. Minor Site Plan Amendments.
[Ordinance 2913, 8/22/77]
[Ordinance 3918, 1/11/93]
[Ordinance 4142, 12/18/95]
A site plan shall be prepared in accor-
dance with Part subsection A of the above
Section for any structure alteration to a site
plan which is t be located within an ar a
which is currently zoned "S-1" Shopping-
Center
hoppingCenter Commercial District. Minor Site Plan
Amendments shall be administratively re-
viewed by Planning staff. If the change is
considered insignificant in nature, staff may
approve the change without 'a review and
public hearing before the Commission and
City Council.
Examples of minor changes may include,
but are not limited to the following: the loca-
tion, construction, replacement or change in
t e of si la • e• chan_e in use to a similar use
pproved with the development plan; minor
change in building locations; or change in the
locations of access, driveways, or parking ar-
eas. These examples may be carried out
through the administrative review and ap-
proval of the Planning staff. Multiple pole
signs on a single site will be considered as a
major change.
Minor changes may include However for
additions to an
existing building or' -'new- buildings which
does not increase the existing floor area by
more than ten (10) percent 0043 of the floor
area of all existing ar approved principal
buildings or 5,000 square fe• , • -
gr ater, shall be approved through the ad
mi istrative review of the Planning, Pro
gramming and Zoning Commis.,ion staff. If
the staff determines that the magnitude of
any such a change is significant in nature or
could become significant in nature, the site
plan shall be referred t the City Council wh
may h ld a pubhc hearing if deemed neccs
sary change shall be deemed major and the
change shall be resubmitted and considered
in the same manner as the original site plan in
51
accordance with Section 2A-23 (A) (Proce-
dures), including a public hearing before the
Commission and City Council. "In determin-
ing if a change is 'significant in nature the
Planning staff shall consider, among other
things, the overall design of the proposed
change and its compatibility to the existing
development and surrounding development,
as well as impact on the neighborhood due to
changes in parking, traffic, etc. or changes in
visibility.' or aesthetics from the public roads
or adjoining properties caused by the pro-
posed change.
the replacement of existing signs, shall be car
ried out through the administrative review
and approval of the Commi ion staff. If the
staff feels that such a change is significant in
nature, it may submit the proposal to the City
Council for its review and approval. ' If the
City Council determines that the magnitude
public h aring may be required.
PART XII
"C-1" Neighborhood Coniine
cial District
[Ordinance 3192, 2/22/82]
2A-24 REGULATIONS.
The regulations set forth in this Part, and
contained in Part V shall apply in the "C-1"
Neighborhood Commercial District.
The "C-1" Neighborhood Commercial
District is intended to provide for areas of the
community which are suitable for a commer-
cial development and are adjacent to Resi-
dence Districts and in which such commercial
uses are permitted as are normally required
for the daily local retail business needs of the
residents of the locality only. Any outside
storage of materials or equipment shall be
limited and clearly incidental and accessory
to the Principal Permitted Use, and shall not
include the outside storage of junk or salvage
PART XII
"C-7" Neighborhood Conunercial District 2A-24 REGULATIONS.
material or similar debris.. Outside storage of
materials or ment shall not be permitted
in a front yard. This provision shall not re-
strict the outside storage of licensed and op-
erable vehicles that are accessory and clearly
incidental to the Principal Permitted Use, and
shall not restrict outside display areas when
such display areas display items that can be
legally sold by a commercial business on the
property and when the display area does not
exceed an area equal to the area occupied by
the build ng(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the "R-4" District.
2. Halfway (Rehabilitation) Hou.,es7
np' 4 -by
the Board of Adjustment after review
by the City Plam:. b,
and Zoning C nuni,sion. The Reha
bilitatior
le or two family
home, and one thousand (1,000) feet
from a
ice 4554, 6/3/021
32. Group Homes [Ordinance 4554, 6/3/02]
43. Any retail business or service estab-
lishment such as the following:
Animal Hospital or Veterinary Clinic,
provided all phases of the business
conducted upon the premises be with-
in a building where noises and odors
are not evident to adjacent properties
Antique Shop
Apparel Shop
Bakery, retail only
Barber Shop or Beauty Parlor
Bicycle Shop
Bookstore
Candy Shops, retail only
Car Wash
52
Clothes Cleaning and Laundry Pickup
Stations
Collection Office or Public Utility
Cornrnercial Parking Lots for passen-
ger vehicles in accordance with the
provisions of Section 2A-45
Convenience Store [Ordinance 4976,
11/23/09]
Dairy Store, retail only
Dance and/or Music Studio
Delicatessen
Dry Goods Store
Drug Store
Financial Institution
Florist and Nursery Shop, retail only
Fruit and Vegetable Market
Furniture Store
Gasoline Stations
Gift Shop
Grocery
Hardware Store
Hobby Shop
Household Appliances, sale and repair
Jewelry Store
Landscape Gardener
Launderette ]Laundromat)
Meat Locker, storage and retail sales only
Music Store
Paint and Wallpaper Store
Post Office Substation
Photographic Studio
Radio and Television Sales and Service
Radio and Television Studios, provided
that any towers or transmitting facilities
are in accordance with Section 2A-48
(B)(4)
Soda Fountain
Shoe Repair Shops
PARI' XII
"C-1" Neighborhood Commercial District 2A-24 REGULATIONS.
Sporting Goods
Tailor Shop
Theaters
Variety Store
Professional Cleaning Service exclud-
ing Dry Cleaners
4. Any retail business or service estab-
lishment Listed above that is also a li-
mited alcohol sales use as defined
herein, except that no provided that
such use is at 1 ast-49
erty line
f any protected use which distance
shall -',tee r surcd in a straight line
fr m the cl sest paint f he pr perty
tionccl protected use to the n anent
p el
sales. For the-esta -
limited alcoh 1 use locati ns, fencing
a-., determined by the City Planner or
'bk. No limited
alcohol sales use shall sell or dispense
alcoholic beverages via a drive-
through or walk-up window or any
similar drive -up or drive-in system.
For the establishment of new limited
alcohol sales use Locations fencing or
other ->approved -screening shall be
constructed along the property lune
with any abuttina protected use, un-
less determined' by the City Planner or
designee to be infeasible. '-(Ordinance
4976, 11/23/09]
5. Business or professional office and the
like similar uses not included in the
above List supplying commodities or
performing services primarily for res-
idents of the neighborhood subject to
the administrative review and ap-
proval of the Planning, Programming
and Zoning Commio.,ion staff. If the
staff feels determines that the pro-
posed change is significant use is not
53
B.
similar in nature, they may submit the
pr p sal to the City Council f r its re
view and approval it shall be consid-
ered a proposed use not covered by ti-
tle, as regulated in 2A-7 (R).
Accessory Uses:
1. The following accessory uses are per-
mitted in a "C-1" District.
a. Accessory uses permitted in the
"R-4" District
b. Storage of merchandise incidental
to the principal use may be stored
in the principal building on the lot
in question, but not to exceed forty
(40) percent of the floor area for
said principal building.
C. Site Plan Required Existing "C 1"
Ara.
trict other than a nc r two family home or
b ,
to the Building Official as a part of the Build
ing Permit Application. Said site plan shall
be referred to the Planning Staff f r its review
and approval pertinent to meeting the re
quirements of this ordinance and any other
City ordinance and/or policy. Said site plan
shall identify the ar as to be developed for
buildings, the ar as and number f spaces to
be provided for parking, the location of side
walks and driveways and the p ints of in
gre and egress, including access _streets
walls, the Location and type of landscaping,
the location of public asements, and the loca
tion, size, type and number of signs.
D C Height Regulations.
No building shall exceed three (3) stories
or forty-five (45) feet in height at the required
front, side and rear yard lines, except two (2)
feet may be added to the height permitted at
said yard lines for each one (1) foot that the
building or portion thereof is set back from
the required yard lines and except as further
provided in Section 2A-48. [Ordinance 4709,
8/9/04]
PART XIII
"C-2" COMMERCIAL DISTRICT'
2A-25 BULK REGULATIONS.
2A-25 BULK REGULATIONS.
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 2A-48:
"C-1" NEIGHBORHOOD COMMERCIAL DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
I'ER
FAMILY
MINIMUM
FRONT
YARD 0)
MINIMUM
SIDE YARD
MINIMUM
REAR YARD
110)
MAXIMUM
LOT
COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE "R-4" DISTRICT
Other Permit-
ted Uses
No Minimum
No Mini-
mum
No Mini-
mum
20 ft. 141
Same as "R-4"
District
Same -as -21R 1"
DistrietO35 ft.
Same "R 4"
as
District No
Maximum
(')The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Ma or Street Plan. [Ordinance 3908,12/21/921
(2) The rear yard setback is re aired exce.t where an existin• rtinci al buildin on an abuttin • lot is closer to the rear lot line. In
these instances the minimum rearyard setback will be the same as thenearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot
tn)For every additional foot the front yard depth is increased over twenty (20) feet the required setback the rear yard depth may be
decreased in direct proportion thereto, but in no case shall the rear yard be less than twenty ten (20 ]0) feet.
u)The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street right-of-
way to the structure) of a structure that was legally established. This setbackwould apply to all structures on the same side of the
street between two (2) intersecting streets. This includes only buildings addressed and/or having their front yard setback facing the
same street. It does not include corner lots whose front yard is located on an ad'acent street and uses the other street fronta • e as a
side yard setback.
2A-26 Repealed by Ordinance 4724, 9/20/04.
PART XIII
'C-2" COMMERCIAL
DISTRICT
[Ordinance 3192, 2/22/82]
2A-27 REGULATIONS.
The regulations set forth in this Part and
contained in Part V shall apply in the "C-2"
Commercial District. The "C-2" District is
intended to provide for areas of the com-
munity which are developed or will be soon
as moderate intensity commercial area.
These areas are often associated with the
major traffic arteries and highways located
within the community. Any outside storage
of materials or equipment shall be limited
and clearly incidental and accessory to the
Principal Permitted Use, and shall not in-
clude the outside storage of junk or salvage
material or similar debris. Outside storage
of materials or equipment shall not be per -
54
miffed in a front yard. This provision shall
not restrict the outside storage of nursery,
landscaping and garden material, and li-
censed and operable vehicles, or unlicensed
pperable vehicles for sale, that are accessory
and clearly incidental to the Principal Per-
mitted Use. This provision shall not restrict
other outside display areas when such dis-
play areas display items' that canbe legally
sold by a commercial business on the prop-
erty and when the display area does not ex-
ceed an area equal to the area occupied by
the bixildingjs) on a property
A. Principal Permitted Uses:
1. Any use permitted in the "C-1"
Commercial District.
2. Adult uses as defined in the defini-
tions Section, upon approval of a
Special Permit by the Board of Ad-
justment after review by the Com-
mission and provided that such uses
PART XIII
"C-2" COMMERCIAL DISTRICT
2A-27 REGULATIONS.
meet the following separation re-
quirements:
(1)
At least 600 feet from any other
adult use measured in a straight
line from the closest points of the
property lines in which the adult
uses are located.
(2) At least 600 feet from any resi-
dentially zoned property meas-
ured in a straight line from the
closest point of the property line
in which the adult use is located
to the closest residentially zoned
property line.
(3) At least 600 feet from any pro-
tected use as defined herein
which distance shall be meas-
ured in a straight line from the
closest point of the property line
which the adult use is located to
the closest point of the property
line in which is located an
aforementioned protected use. If
a protected use is a legal non-
conforming use, this provision
shall not apply. [Ordinance 3642,
5/1/89]
3. Alcohol Sales Uses, provided that no
alcohol sales use shall sell or dis-
pense alcoholic beverages via a
drive-through or walk-up window
or any similar drive -up or drive-in
system and provided that, with re-
spect to any alcohol sales use that
holds a Class E off -premises liquor
control license such uses are at least
4600 feet, and with respect to all oth-
er alcohol sales uses such uses are at
least 250 feet, from a protected use,
measured from the nearest part of
the building structure or outdoor
service area of an alcohol sales use to
the closest point of the property line
of any protected use, upon approval
of a Special Permit by the Board of
Adjustment after recommendation
55
of the
and Zoning Commission,. Fencing
r other approved s e
with any abu
lent determined by the City Planner
to or designee to be inf asible. Eex-
cept that a Special Permit shall not
be required if:
(1) Such use is located along a prin-
cipal arterial or interstate accord-
ing to the Urban Federal Func-
tional Classification System pre-
pared by IDOT and are more
than 250 feet measured from the
nearest part of the building
structure or outdoor service area
of an alcohol sales use to the
closest point of the property line
of any protected use; or
(2) Such use is a limited alcohol
sales use as defined herein. [Or-
dinance 4976, 11/23/09]
Fencing orother approved screening
shall be constructed along' the prop-
erty line with any abutting protected
use, unless determined by the City
Planner to or designee to be infeasi-
ble The `provisions of this `ssubsec-
tion (3) shall not apply to lilnited al-:
cohol sales uses, which shall instead
comply with the requirements of the
"C4" District.
4. Animal Hospital, or Veterinary Clin-
ic or Kennel, providing any exercis-
ing runway shall be at least two
hundred (200) feet from any "R"
District and one hundred (100) feet
from any "C-1" District boundary.
5. Automobile, Motorcycle, Trailer and
Farm Implement establishments for
display, hire and sales (excluding
auctions and not including sales lots
without a principal building except
for satellite lots when the lot is abut-
ting or across a street from a lot with
PART XIII
"C-2" COMMERCIAL DISTRICT
2A-27 REGULATIONS.
a principal building including an of-
fice), including as incidental to these
major uses all repair work in connec-
tion with their own and customers'
vehicles, but not including uses in
which the major source of revenue is
from body and fender work. In ad-
dition, this paragraph shall not be
construed to include automobile,
tractor, or machinery salvage and
used parts yards. Machinery,sal-
vaged or used parts, and vehicles
not in running condition and not be-
ing actively restored to running con-
dition, or not DOT operational and
not licensed, shall be located in an
enclosed building.
6. Ballrooms and Dance Halls
7. Billiard Parlors and Pool Halls
8. Bowling Alleys
9. Carpenter and Cabinet Shop
9. Clothes Dry Cleaning and/or dyeing
establishments uoing flammable
cleaning fluids' with a flash point
higher than one hundred (100) dc
grecs Fahrenheit.
10. Commercial Baseball Fields, Swim-
ming Pools, Skating, Golf Driving
Ranges, commercial campgrounds
or similar open air recreational uses
and facilities, 'upon approval' of a
Special Permit by the Board of Ad-
justment after review by the Com-
mission.
12. Commcrcial,Campgrounds
13. C mmcrcial r Hobby Kennel
11. Contractor "Businesses,` including
Carpenter and Cabinet Shop, Plumb -
in • and Heatin Sho. Roofin•
Shop, Sheet Metal Shop; Sign Paint-
ing Shop, and similar uses, provided
there is no outside equipment yard.
12. Contractor - Businesses ' including
Contractor Equipment Yards, pro -
56
vided that equipment yards shall be
effectively screened on each side fac-
ing a Residential District and on
each side facing a public street by a
fence, wall or densely planted com-
pact hedge not less than six (6) feet
or more than eight (8) feet m height,
and, for equipment yards, upon ap-
proval Permit b the
Board of Adjustment after review by
the Commission.
11. DelicateG en
13. Department Stores
14 Drive In Eating and Drinking Estab-
lishments, Taverns, Bars and Night
Clubs, Summer Gardens, and Road
Houses, including entertainment
and darning, provided the principal
building is distant at least nc hun
dred (100) feet from any "R" Dwtrict
that any such use that meets the de-
finition:of Alcohol Sales Use shall
meet the requirements for an alcohol
sales use.
15. Hotels [Ordinance 4592, 1/6/03]
16. Kennel, provided the prnnipal
building is at least 250 feet and any
outside exercise or runway area is at
least 500 feet from any residentially
zoned property ' measured in ' a
straight line from the closest point of
the building or runway to the closest
residential zoned property line, and
upon approval of a Special Permit by
the Board of Adjustment after re-
view by the Commission.
17. Laundries or Laundromats
18. Lawn Mower Repair Shop
19. Lumber Yards and Building Materi-
als, retail, but not including any
manufacturing or fabricating for
wholesaling operations,
20. Mini -storage or storage rental devel-
opment, upon issuance of a Special
PART XIII
"C-2" COMMERCIAL DISTRICT
2A-28 SITE PLAN REQUIRED - EXISTING "C-2" AREA
Permit, which shall review the loca-
tion for compatibility of surround-
ing, highest and best use of land,
and proximity to a major thorough-
fare. [Ordinance 4683, 4/12/04] It is
the intent of this provision for such
uses to be towards the rear of highly
visible commercial property.
21. Monument Sales Yard, but not with-
out a principal building
22. Off -premise advertising in accor-
dance with Section 2A-47. [Ordinance
4724, 9/20/04]
23. Motels and Auto Courts
24. Pet Shop, including Aquariums
25. Plumbing and H ating Shop
25. Printing Shops, not to include more
than two (2) 12"x 18" inch job
presses
26. Restaurant: Fast Food Type and
Standard Type, and drive-in eating
establishments
28. Sheet Metal Shop
29. Sign Painting Shop
30 Taverns
31. Trailer Parks
32. Used Auto Sales Lots
27. Other similar service and retail busi-
nesses not included in' the above list
subject to the administrative review
and approval of the Planning staff:
If staff determines that the proposed
use is not similar in nature, it shall
be considered a proposed use not
covered by title, as regulated in 2A-7
]R).
57
B. Accessory Uses:
1. Accessory uses permitted in the
"C-1" District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses.
3. Repealed by Ordinance 4724, 9/20/04.
2A-28 SITE PLAN REQUIRED
P -
[Ordinance 3192, 2/"2/82]
For any nue allowable in a "C 9" District
ome--or
be submit
ted to the Building Official as a part of the
Building Permit Application. Said site plan
review and approval pertinent to meeting
the requirements of this ordinance and any
other City ordinance and/or policy. Said
site plan shall identify the areas to be devel
oped for buildings, the areas and number of
spaces to .c provided for parking, the loca
tion of sidewalks and driveways and the
points of ingress and egress, including ac
co— streets where required, the location and
height of walls, the location and type of
landscaping, the location of public ase
ments, and the location, size, type and
number of signs.
2A-29 BULK REGULATIONS.
[Ordinance 3050, 10/1/79]
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified
requirements contained in Section 2A-48:
PART XIII(A)
"C -P" PLANNED COMMERCIAL DISTRICT
2A -29A Repealed by Ordinance 4724, 9/20/04.
"C-2" COMMERCIAL DISTRICT
USE
MINIMUM
LOT AREA
MINIM
UM LOT
WIDTH
MINIMUM LOT
AREA PER
FAMILY
MINIMUM FRONT
YARD CO
MINIMUM
SIDE YARD
MINIMUM
REAR
YARD mot
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN FHE R-4 DISTRICT
MoteLsL
Hotels
No Mini-
150 feet
no -site to be dd.
50 20 ft.
3010 ft.
50 20 ft.
No building shall
exceed 3 4 stories
or 48 feet in height
mum
veloped with less
than -sufficient-
par -king -as -deter-
alined by the
Zoning -Ordinance
except.a., provided
Se --fi2n 8 U
Mobile-
HOME'
Park -
2
100 -feet
1,250 ft.
20 ft.0)
"R
aeres
sq.
Same as 1" District
Other Per-
milted
Uses
No Mini-
MUM
No Min-
imus
No Minimum
20 if except -as -pro-
Same as "R-4"
District(4)
35 fL
derWbetow
aidea
(including dimmer
cial and -residential -
setbacks)
0.1 The front yard depth of any lot abutting on a "major street" shall be measured from the proposed right-of-way lines as shown
on the Official Major Street Plan.
rz) Newly Platted or_-C-ommercial Areas:. Ar as whieh-are-platted o .. -...ate-of this ordinancc shall be-re-
quired-to-in
e-re-gj •• •ed -to -in ! -of front -yard -setback 'Bus requirement will pertain to all conunercial .vs well as residential -uses
The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street nght
of way tothe structure) of a structurethat was, legally established. This setback would apply to all structures on the same side
of the street between two (2) intersecting streets. This includes only buildings addressed and/or having their front yard setback
facing the saute street It does not include corner lots whose front yard is located on an adjacent street and uses the other street
frontage as a sideyard setback.
a) In any "C 2" Commercial District which was developed -or -partially developed-prier-.te-the-effective-date of this ordinance,
a twenty (20)-fo .. .. L --.:. • -.:.ding-or buildings are locatcd doser to -the
scree - _ (20) -foot front yard setback In these-instanc - - - ..: :. _ : airements-will-be
e
the maw as the neue.,t-frent yard. depth (from the 'Erect right of way to the structure) that was -legally established prior to
this ordinance. This setback would apply to -all -structures on the same sale-ef-the-stree_ rsecting
sir • ' dings -addressed and/or having their -front yard .,etback facing the same sir et. •r 4t -dee., not
include corner lots -who e front yard is located on an adjacent -sixth .. . - t frontage as a side), and .:et
back: -These regulations apply to all residential -and -ea
tom- s -€ren erequired fro
The rear yard setback is required except where an existing principal building on an abutting lot is doser to the rear lot line: In
these instances the minimum rear yard setbackwill be the same as the nearest rear yard depth that was legally established.
This provision applies to lots abutting the side yards that are not developed as a. reverse frontage lot.
(4) For every additional foot the front yard depth is increased over twenty (20) feet the required setback the rear yard may be de-
creased in direct proportion thereto, but in no case shall the rear yard be less than twenty-five ten (25 feet.
For every additional foot all yard lines are increased over the required setback, the building height may be increased by two (2)
feet, including allowing additional stories except as further provided in Section 2A-48.
2A 29A Repealed by Ordinance 4724, 9/20/04.
PART XIII(A)
"C -P" PLANNED
COMMERCIAL DISTRICT
[Ordinance 4635, 8/11/03]
58
2A -29B GENERAL REGULATIONS
A. Intent
The "C -P" Planned Commercial District is
intended and designed to provide a means
for the residential and compatible commercial
development of tracts of land on a unit basis,
allowing greater flexibility and diversification
PART XIII(A) 2A-2913 GENERAL REGULATIONS
"C -P" PLANNED COMMERCIAL DISTRICT
of land uses and building locations than the
conventional single lot method. It is the in-
tent of this Section that the basic principles of
good land use planning be maintained and
that sound zoning standards as set forth in
the this Ordinance concerning orderly growth
and development, traffic patterns, and com-
patible design and use be preserved.
The ideals of the Planned Commercial
District stem from the Mixed Use Coimnercial
categorization on the Future Land Use Map
contained within the City of Waterloo Com-
prehensive Plan. The areas designated for
Mixed Use Commercial work to direct such
developments into areas of transition from
commercial to residential, based on current
developments. The compatibly designed
commercial uses allowed in C-1 or C-2 Dis-
tricts may be specifically and selectively au-
thorized by the City Council upon recom-
mendation of the Planning; Programming
Zoning Commission, except that no commer-
cial uses will be allowed which appear detri-
mental to the intent of this district or the es-
sential character of the neighborhood. Com-
mercial uses will be compatibly designed to
blend in with the built or planned environ-
ment and shall incorporate the following
elements into their design; building facade,
landscaping, signage, screening, and site ori-
entation and layout. Special attention will be
paid to outside storage and whether it is lim-
ited, screened, or nonexistent. This shall not
be deemed all inclusive and specific uses may
require other elements for consideration.
Furthermore, the failure to produce an aes-
thetically compatible site design and layout
may result in a specific lot location within the
district for such uses, to screen the site ap-
pearance from the traveled way or residen-
tial, or denial in the use.
13. Uses Permitted
1. Any uses permitted in the R-4 District.
2. Any use permitted in the C-1 or
C-2 Districts that is compatibly
designed and deemed an appropriate
59
commercial use to the surrounding
development.
3. Gaining facilities. The Planning
Commission and City Council shall
evaluate the site layout, traffic, and
other ordinance and code provisions.
The impact upon existing infrastruc-
ture and development as well as the
overall growth and development of
the community will also be reviewed.
[Ordinance 4735, 10/18/04]
Compatibly designed commercial uses
shall include, but not be limited to, screening
and buffering from residential uses, shall be
oriented for and designed for efficient traffic
flow to major thoroughfares, shall have lim-
ited outside storage of materials, and lighting,
signage, and shall have building design that
complement surrounding development. Each
site would be evaluated on an individual ba-
sis for these criteria of compatibility. If staff
feels determines that such a commercial use is
compatibly designed, it shall approve the re-
quest through staff administrative review. If
staff feels determines that such a change does
not meet these criteria, the request would
need to go back to the Planning Commission
and City Council for a formal site plan review
process. The Planning Commission and City
Council shall review the request as described
in the Intent of this Section.
G Procedure
Whenever any application for a "C -P"
Planned Commercial District as an amend-
ment to the Zoning Ordinance is submitted
for a particular development, the following
procedure shall be utilized to facilitate said
amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than two (2) acres may submit a peti-
tion requesting to change to the "C -P"
Planned Commercial District Classifi-
cation, except that there shall not be a
minimum area for property within the
consolidated urban revitalization or
PART XIII(A)
"C -P" PLANNED COMMERCIAL. DISTRICT 2A -29B GENERAL REGULATIONS
enterprise zone area. (Ordinance 4801,
03/13/06J
2. Three (3) copies of the proposed de-
velopment plan, with planned uses,
shall be submitted and referred to the
Commission for review and report.
The Commission shall then review the
proposed development for conformity
with the standards of the Comprehen-
sive Plan and with recognized princi-
pals of civic design, land use planning
and landscape architecture.
3. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the devel-
opment plan and zoning petition as
submitted or require that the peti-
tioner amend the plan to preserve the
intent and purpose of this Ordinance
to promote public health, safety and
general welfare.
4. The development plan and zoning pe-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council, after notice and a public
hearing, may approve or disapprove
said plan and zoning petition as re-
ported or may require such changes
thereto as it deems necessary to
achieve the intent and purpose of this
Ordinance.
5. Required Documents - Site Develop-
ment Plan
a. A site analysis showing a review
of topography patterns, existing
vegetation, sanitary sewer and
water service, and major street
connections.
b. A scaled drawing showing the lo-
cation of:
1. Overall site Layout with areas
designated for differing uses.
60
2. Preliminary street layout with
pedestrian amenities and
overall conceptual drainage
plan. This should include
connections to from abutting
streets to proposed develop-
ment site as well as proposed
internal streets. A plan for pe-
destrian movements, trails
and/or sidewalk system,
should be either required or
non -required in their entirety
to insure no gaps are created
through individual site devel-
opment.
3. Required peripheral yards,
4. Proposed development stages
and timing, if deemed neces-
sary by staff.
5. Traffic analysis, if determined
necessary by City Traffic Engi-
neer.
6. Name of property owner or
owners, legal description of
the property, point of com-
pass, scale and date.
c. The original site detailing pro-
posed development shall be re-
viewed by the Planning Commis-
sion for review and recommenda-
tion to the City Council, where a
public hearing would be required.
The City Council reserves the
right to add conditions as deemed
necessary to preserve the intent of
this district. However, the appli-
cant may also choose an alternate
two-stage public hearing process
in which the following would oc-
cur:
1. The applicant would need to
submitan overall general site
plan with a preliminary layout
of streets, types of develop-
ment, access drives, and a le-
gal description of the property.
PART XIII(A)
"C -P" PLANNED COMMERCIAL DISTRICT 2A -29B GENERAL REGULATIONS
Such a plan would be for-
warded to the Commission for
their 'recommendation on the
rezoning ` of the land only.
However, nothing in this Sec-
tion shall be deemed to consti-
tute approval of subsection (2)
below upon approval of this
Section.
2. If the rezoning of the land only
is approved by City Council
after review by the Commis-
sion, the request must then go
to a second public hearing
process for the approval of the
final develo.ment':lan. Said
final plan would include the
criteria ' listed in subsection
(5)(b)(1-6) above and any addi-
tional information deemed ne-
cessary by the Commission or
City Council. Said final devel-
opment plan must be ap-
proved before any develop-
ment can occur and before
construction of any public in-
frastructure.
6. Site Plan Amendments
a. Major
Any change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Part C Section 2A -29B (C)
(Procedure) of this Section.
Examples of major changes may
include, but are not limited to the
following: changes in classifica-
tion of land as assigned on the ap-
proved site development plan, the
exterior street connections or ma-
jor traffic changes. Pee tte4 A
change in uses may go through
61
the minor approval process as
long as they are the change is simi-
lar to the type of use originally
proposed for approved with the
development plan, and are if
compatibly designed in relation to
surrounding uses. If staff feels
such a site is not compatibly de
signed, it shall refer the site plan
to City Council. If the City Coun
ell determines that the magnitude
nature, a public h aring may be
required, which would go back to
the Planning Commi;.,ion f r re
view and recommendation. Simi-
larity shall be defined as a permit-
ted use in the same zoning classi-
fication (R-4, C-1 or C-2) as the site
in question is originally listed as
on the 'a.. roved site lan in the
Zoning Ordinance (R 1, R 2, R 3,
etc.). Areas designated as com-
mercial or "C' shall permit "C-1"
uses and shall onl .ermit "C-2"
uses through the major approval
process. ' Areas not designated or
designated as residence, multiple
family, multiple residence, or of-
fice shall permit "R-4" uses.
b. Minor
A site plan shall be prepared in
accordance with Part C Section
2A -29B (C) (Procedure) of this Sec-
tion for any alteration to a site
plan located in a "C -P" Planned
Commercial District. Minor Site
Plan Amendments shall be admin-
istratively reviewed by Planning
and Zoning staff. If staff feels that
such a the change is considered
insignificant in nature, it staff may
submit' the proposal to the City
ap-
provale the change without a re-
view and .ublic hearin• before the
Commission and City Council. If
PART XIII(A)
"C -P" PLANNED COMMERCIAL DISTRICT 2A -29B GENERAL REGULATIONS
the City C uncil determines that
the magnitude of such a change is
significant in nature, a public h ar
ing may be required.
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use of a
site to another use classified in the
same zoning district; minor
change in building locations; or
change in the locations of access,
driveways, or parking' areas. indi-
vidual site asses These examples
may be carried out through the
administrative review ` and ap-
proval of the Planning staff. Mul-
tiple pole signs on a single site will
be considered as a major change,
as described under D7 of this Sec-
tion.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building pro-
posed to be added on to, or new
buildings with a floor area not ex-
ceeding ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. Minor
changes '' may also include a
change in the location or type of
residential structure(s) as long as
the overall density (units' per acre)
is not significantly: increased by
more than what was previously
approved. If staff determines that
the magnitude of any such change
is significant in nature or could
become significant in nature, the
change shall be deemed major and
the change shall be resubmitted
and considered in the same man-
ner as the original site plan in ac-
cordance with 2A -29B (C) (Proce-
62
dure), including a public hearing
before the Commission and City
Councils In determining if a
change is significant in nature the
Planning staff shall consider,
among ; other things, the overall
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
D. Standards
1. All dedicated streets, sanitary sewers
and storm sewers shall be subject to
the approval of the City Engineer.
Storm water detention facilities
should be aesthetically designed, if
possible, to blend into site and avoid
uses such as rip rap, fencing, etc. that
may detract from the intent of the dis-
trict.
2. No building permit for any building
or other structure within the devel-
opment shall be issued until the final
development plan, or amendment
thereto, is approved by the City
Council.
3. The parking requirements of the Zon-
ing Ordinance shall apply to all de-
velopments, except the City Council
may, after recommendation from the
Planning Commission, alter those re-
quirements to preserve the intent and
purpose of this Ordinance.
4. The landscaping requirements of the
district shall be considered under Al-
ternative Compliance to create a
common plan/theme for the entire
district.
5. The minimum yard requirements of
the zoning district in which the devel-
PART XIII(A)
"C -P" PLANNED COMMERCIAL DISTRICT 2A -29B GENERAL REGULATIONS
opment is located shall not apply ex-
cept that the required yard around the
perimeter shall be compatible and/or
similar to adjacent properties pro-
vided around the boundary of the de-
velopment. However, the Commis-
sion and City Council may require
additional setbacks or other require-
ments if needed.
6. The maximum building height within
the development boundaries shall not
exceed the maximum height regula-
tions of the zoning district in which it
is listed as a permitted use. Excep-
tions to this requirement may be al-
lowed for development projects/sites
that are at least one hundred (100) feet
from the development boundaries.
Such a request to alter these require-
ments would be reviewed by the City
Council after recommendation from
the Plamung, Programming and Zon
ing Commission.
7. The signs shall be in accordance with
the sign regulations for the "C-2" Dis-
trict. A common type of design of
signage should be noted on the over-
all plan, although individual sign
permits will still be evaluated for size
and location. Additional pole signs or
monuments signs, beyond the first,
shall be required to go through a ma-
jor change amendment process.
E. Deed Restrictions
The -
Commission and/or City Council may con-
sider any deed restrictions or covenants en-
tered into or contracted by the developer con-
cerning the use of common land or perma-
nent open spaces. Common land as herein
contained shall refer to land retained in pri-
vate ownership but intended for the mutual
use of businesses of the development. Exam-
ples of this include, but are not limited to,
shared parking areas, shared storm water re-
tention designs, etc.
63
F. Commencement and Completion
The Council may condition the approval
of the site plan upon the developer commenc-
ing construction on the first phase of the de-
velopment plan within tewo (2) years and
contingent upon completion of construction
and improvements within a reasonable pe-
riod of time after Council approval. In de-
termining such time period, the Council shall
consider the scope and magnitude of the de-
velopment. Failure to meet these require-
ments shall be deemed sufficient cause for the
Council, in accordance with the provisions of
this Ordinance to rezone the subject property
to the zoning classification effective at the
time of the original submittal of the petition
unless an extension is approved by the Coun-
cil for due cause shown after recommenda-
tion by the Planning, Programming and Zon
ing Commission.
G. Land Usage
The land usage, minimum lot area, yard
height, and accessory uses shall be deter-
mined by the requirements set out in this Sec-
tion, which shall prevail over conflicting re-
quirements of this Ordinance or the Subdivi-
sion Ordinance.
H. Platting Required
If a final plat, as defined and required by
the Subdivision Ordinance, has been ap-
proved and recorded, the site development
plan does not need to be recorded unless con-
tradictory to the recorded final plat. If a final
plat has not been approved and recorded on
any part or portion of the development, the
platting procedure must be followed in ac-
cordance with the City of Waterloo Subdivi-
sion Ordinance No. 2979 on all portions or
parts not platted. The site development plan
can be resubmitted as a preliminary plat if it
meets the preliminary plat requirements.
This does not prohibit the platting and devel-
opment of land within an approved area of
the approved district in a phased manner.
PART XIII(B)
"ILP" BUSINESS PARK DISTRICT
2A -29C. BULK REGULATIONS
2A -29C. BULK REGULATIONS
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 2A-48:
"C -P" PLANNED COMMERCIAL DISTRICT (4)
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
FRONT YARD
DEPTHS{)
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD
MAXIMUM
HEIGHT & LOT
COVERAGE
Residential
The requirements of the R-4 District shall serve as a guide, except that density requirements vitt be allowed as per D6 of the
Uses
Standards Section of the R -P Planned Residence District. Otherwise see the Standards Section of this District.
Commercial
No Mini-
No Mini-
No Mini-
20' or as determined to
Same as "C 1 R-4"
20'0)01
No maximums
Uses
mum
mum
mum
be compatibly designed.
This will allow potential
zero lot line develop-
ments to design build-
ings to the front, where
appropriate, and have
parking to rear, (2)
Districts+l
subject to staff
site plan ap-
proval whet-
lot
utilizing zero
line lesser
r
setbaekadvan
{ages of Planned -
District.
(1) The front yard depth of any lot abutting on a "major street" shall be measured from the proposed right of -way lines as shown on
the Official Major Street Plan.
(2) The front yard setback Ls required except any commercial use may be built to the nearest front yard depth (from the street right-
of-way to the structure) that was legally established prior to this ordinance. This setback would apply to all structures on the
same side of the street between two (2) intersecting streets. This includes only buildings addressed and/or having their front
yard setback facing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the
other street frontage as a side yard setback.
(3) For every additional foot the front yard depth is increased over twenty (20) feet, the rear yard may be decreased in direct propor-
tion thereto, but in no case shall the rear yard be less than eight ten (8 j feet.
(4)-N thing in the.,e requirements will negate the screening and/ r buffering requirements fora development abuttimg-er-adjaeeat
to a C 1?n Di trict as required elsewhere in tilt rdinanee.
(4) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances theminimum rear yard setback will be s e as the ea est rearyad depth that was legally established.This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot
PART XIII(B)
"B -P" BUSINESS PARK
DISTRICT'
[Ordinance 4636, 8/11/03]
2A -29D GENERAL REGULATIONS
A. Intent.
The "B -P" Business Park District is in-
tended and designed to provide a means for
the commercial and compatible light indus-
trial development of tracts of land on a unit
basis, allowing greater flexibility and diversi-
fication of Land uses and building locations
64
than the conventional single lot method. It is
the intent of this Section that the basic princi-
ples of good land use planning be maintained
and that sound zoning standards as set forth
in this Ordinance concerning orderly growth
and development, traffic patterns, and com-
patible design and use be preserved.
The Business Park designation shall work
to allow an aesthetically pleasing professional
office, commercial, and compatible industrial
park setting. The area designated for Busi-
ness Park locations on the Future Land Use
Map, contained within the Comprehensive
Plan, direct such developments along major
entryways into the community to allow for
PART XIII(B)
"B -P" BUSINESS PARK DISTRICT
2A -29D GENERAL REGULATIONS
proper design of traffic movements, as well as
promote such land for development. The
compatibly designed heavy commercial and
light industrial uses allowed in the C-2, C-3 or
M-1 Districts may be specifically and selec-
tively authorized by the City Council upon
recommendation of the Zoning Conunission,
except that no such uses will be allowed
which appear detrimental to the intent of this
district. Uses will be compatibly designed to
blend in with the built or planned environ-
ment and shall incorporate the following ele-
ments into their design: building facade, land-
scaping, signage, screening, and site orienta-
tion and layout. Special attention will be paid
to outside storage and whether it is limited,
screened, or nonexistent. This shall not be
deemed all inclusive and specific uses may
require other elements for consideration. Fur-
thermore, the failure to produce an aestheti-
cally compatible site design and layout may
result in a specific lot location within the park
for such a use, to screen the site appearance
from the traveled way, or denial in the use.
B. Uses Permitted.
1. Any uses permitted in the R-4 District
excluding residential uses.
2. Any use permitted in the C-1 District,
except residential.
3. Any use permitted in the C-2, C-3 or
M-1 Districts that is compatibly de-
signed, but not including residential
development and deemed an appro-
priate industrial use to the surround-
ing development. This includes ho-
tel/motel commercial buildings but
not residential including, but not lim-
ited to, single or multi -family, apart-
ments, etc.
Compatibly designed commercial and
industrial uses shall include, but not be
Limited to, screening and buffering from
residential uses, shall be oriented for and
designed for efficient traffic flow to major
thoroughfares, shall have limited outside
storage of materials, and lighting, signage,
65
and shall have building designs that com-
pliment surrounding development. Each
site would shall be evaluated on an indi-
vidual basis for these criteria of compati-
bility. If staff feels determines that such
an industrial use is compatibly designed,
it shall approve the request through staff
administrative review. If staff feels de-
termines that such a change does not meet
these criteria, the request would need to
go back to the Planning Commission and
City Council for a formal site plan review
process. The Planning Commission and
City Council shall review the request as
described in the intent of this Section.
C. Procedure.
Whenever any application for a "B -P"
Business Park District as an amendment to the
Zoning Ordinance is submitted for a particu-
lar development, the following procedure
shall be utilized to facilitate said amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than two (2) acres may submit a peti-
tion requesting to change to the "B -P"
Business Park Zoning District classifi-
cation.
2. Three (3) copies of the proposed de-
velopment plan, with planned uses,
shall be submitted and referred to the
Planning, Programming and Zoning
Commission for review and report.
The Commission shall then review the
proposed development for conformity
with the standards of the Comprehen-
sive Plan and with recognized princi-
ples of civic design, land use planning
and landscape architecture.
3. The Commission may require, in the
absence of an appropriate physical
barrier along the project boundary,
that uses not be in conflict with those
allowed in adjoining property or a
buffer of open space and/or screening
be arranged along the borders of the
project.
PART XIII(B)
"B -P" BUSINESS PARK DISTRICT
2A -29D GENERAL. REGULATIONS
4. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the develop-
ment plan and zoning petition as
submitted or require that the peti-
tioner amend the plan to preserve the
intent and purpose of this Ordinance
to promote public health, safety and
general welfare.
5. The development plan and zoning pe-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council, after notice and a public hear-
ing, may approve or disapprove said
plan as reported or may require such
changes thereto as it deems necessary
to achieve the intent and purpose of
this Ordinance.
6. Required Docmnents - Site Develop-
ment Plan
a. A site analysis showing a review of
topography, patterns, existing ve-
getation, sanitary sewer and water
service, and major street connec-
tions.
b. A scaled drawing showing the lo-
cation of:
1. Overall site layout with areas
designated for differing uses.
2. Preliminary street layout with
pedestrian amenities and over-
all conceptual drainage plan.
This should include connec-
tions to from abutting streets to
proposed development site as
well as proposed internal
streets. A plan for pedestrian
movements, trails and/or si-
dewalk systems, should be ei-
ther required or non -required
in their entirety to ensure no
gaps are created through indi-
vidual site development.
3. Required peripheral yards.
66
4. Proposed development stages
and timing, if deemed neces-
sary by staff,
5. Traffic analysis, if determined
necessary by City Traffic Engi-
neer.
6. Name of property owner or
owners, legal description of the
property, point of compass,
scale and date.
c. The original site plan detailing
proposed development shall be re-
viewed by the Planning Commis-
sion for review and recommenda-
tion to the City Council, where a
public hearing would be required.
The City Council reserves the right
to add conditions as deemed nec-
essary to preserve the intent of this
district. However, the applicant
may also choose an alternate two-
stage public hearing process in
which the following would occur:
1. The applicant would need to
submit an overall general site
plan with a preliminary layout
of streets, types of develop-
ment, access drives, and a legal
description of the property.
Such a plan would be for-
warded to the Commission for
their recommendation on the
rezoning of the land only.
However, nothing m this Sec-
tion shall be deemed toconsti-
tute approval of subsection' (2)
below upon approval of this
Section.
2. If the rezoning of the land only
is. approved by City Council af-
ter review by the Commission,
the request must then go to a
second public hearing process
for the approval of the final
development plan. Said final
plan would include the criteria
PART XIII(B)
"B -P" BUSINESS PARK DISTRICT
2A -29D GENERAL REGULATIONS
listed in subsection (5)(b)(1-6)
above and any additional in-
formation deemed - necessary
by the Commission or City
Council. Said final develop-
ment plan must be approved
before any development can
occur and before construction
of any public infrastructure.
7. Site Plan Amendments
a. Major
Any change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Part C Section 2A -29D CC)
(Procedure) of this Section.
Examples of major changes may
include, but are not limited to the
following: changes in classification
of land as assigned on the ap-
proved site development plan, the
exterior street connections, or ma-
jor traffic changes. Permitted A
change in uses may go through the
minor approval process as long as
they are the change is similar to
the type of use originally proposed
for approved with the develop-
ment plan, and if compatibly de-
signed in relation to surrounding
uses. If staff feels such a site is not
compatibly designed, it shall refer
thc site plan to City Council. If
City Council determines the mag
nitude of such a change is signifi
cant in nature, a public hearing
back to the Planning Commission
for review and rccommendati n.
Similarity shall be defined as a
permitted use in the same zoning
classification (R-4, C-1, C-2, M-1)
67
as the site in question is originally
listed as on the approved site plan
in thc Zoning rdinance (R 4, C 1,
C 2, etc.). Areas not designated or
designated as professional office
shall , ermit "R-4" office uses. Ar-
eas designated as coimnercial or
"C" shall permit "C-3" uses. Areas
designated as industrial, "M" or
"I" shall only permit "M-1" uses
through the major approval proc-
ess.
b. Minor
A site plan shall be prepared in ac-
cordance with Part C Section 2A -
29D (C) (Procedure) of this Section
for any alteration to a site plan lo-
cated in a "B -P" Business Park Dis-
trict. Minor Site Plan Amend-
ments shall be administratively re-
viewed by the Planning and -Zon-
ing staff. If cuff feels that such a
the change is considered insignifi-
cant in nature, it staff may submit
the proposal to the City Council
for its review and approvals the
change without a review and vub_
lic hearing before'. the Commission
and City Council. If the City
Council determines that the mag
nitudc of such a change is sigrnfi
cant in
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or changes in
type of signage,; change in use of a
site to another use classified in the
same zoning district; minor change
in building locations; or change in
the locations of access, driveways,
or parking areas: individual site
acce: es These examples may be
carried out through the adminis-
trative review and a. @'oval of the
Planning staff. Multiple pole signs
on a single site will be considered
PART XIII(B)
"B -P" BUSINESS PARK DISTRICT 2A -29D GENERAL REGULATIONS
as a major change, as described
under D7 of this Section.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building proposed
to be added on to, or new build-
ings with a floor area not exceed-
ing len` (10) percent of the floor
area of all existing or approved
principal buildings. If staff deter-
mines that the magnitude of any
such change is significant in nature
or could become significant in na-
ture, the change shall be deemed
major and the change shall be re-
submitted and considered in the
same mariner as the original site
plan in accordance' with 2A -29D
(C) (Procedure), including a public
hearing before the Commission
and City Council. In determining
if a change is significant in nature
the Planning staff' shall consider,
among other things; the overall
design of the proposed change and
its compatibility to the existing de-
velopment and surrounding de-
velopment, as well as impact on
the neighborhood due to changes
markin
p g traffic etc or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the posed
change.
D. Standards
1. All dedicated streets, sanitary sewers
and storm sewers shall be subject to
the approval of the City Engineer.
Storm water detention facilities should
be aesthetically designed, if possible,
to blend into site and avoid uses such
as rip rap, fencing, etc. that may de-
tract from the intent of the district.
68
2. No building permit for any building or
other structure within the develop-
ment shall be issued until the final de-
velopment plan, or amendment there-
to, is approved by the City Council.
3. The parking requirements of the Zon-
ing Ordinance shall apply to all devel-
opments, except the City Council may,
after recommendation from the Plan
ning Commission, alter those re-
quirements to preserve the intent and
purpose of this Ordinance.
4. The landscaping requirements of the
district shall be considered under Al-
ternative Compliance to create a
common plan/theme for the entire
district.
5. The minimum yard requirements of
the zoning district in which the devel-
opment is located shall not apply ex-
cept that the required yard, around
the perimeter, shall be compatible
and/or similar to adjacent properties
around the boundary of the develop-
ment. However, the Commission and
City Council may require additional
setbacks or other requirements if
needed.
6. The maximum building height within
the development boundaries shall not
exceed the maximum height regula-
tions of the zoning district in which it
is listed as a permitted use. Exception
to this requirement may be allowed
for development projects/ sites that
are at least one hundred (100) feet
from the development boundaries.
Such a request to alter these require-
ments would be reviewed by the City
Council after recommendation from
the Planning, Programming and Zon
ing Commission.
7. The signs shall be in accordance with
the sign regulations for the "C-2" Dis-
trict. A common type or design of
signage should be noted on the overall
PART XIII(B)
"B -P" BUSINESS PARK DISTRICT
2A -29E BULK REGULATIONS.
plan, although individual sign permits
will still be evaluated for size and loca-
tion. Additional pole signs or monu
mcnts signs, beyond the first, shall be
required to go through a major change
amendmentmocess.
E. Deed Restrictions
The Planning, Programming and Zoning
Commission and/or City Council may con-
sider any deed restrictions or covenants en-
tered into or contracted by the developer con-
cerning the use of common land or permanent
open spaces. Common land as herein con-
tained shall refer to land retained in private
ownership but intended for the mutual use of
businesses of the development. Examples of
this include, but are not limited to, shared
parking areas, shared storm water retention
designs, etc.
F. Commencement and Completion.
The Council may condition the approval
of the site plan upon the developer commenc-
ing construction on the first phase of the de-
velopment plan within two (2) years and con-
tingent upon completion of construction and
improvements within a reasonable period of
time after Council approval. In determining
such time period, the Council shall consider
the scope and magnitude of the development.
Failure to meet these requirements shall be
deemed sufficient cause for the Council, in
accordance with the provisions of this Ordi-
nance to rezone the subject property to the
zoning classification effective at the time of
the original submittal of the petition unless an
extension is approved by the Council for due
cause shown after recommendation by the
Planning, Programming and Zoning Commis-
sion
G. Land Usage
The land usage, minimum lot area, yard
height, and accessory uses shall be deter-
mined by the requirements set out in this Sec-
tion, which shall prevail over conflicting re-
quirements of this Ordinance or the Subdivi-
sion Ordinance.
H. Platting Required
If a final plat, as defined and required by
the Subdivision Ordinance, has been ap-
proved and recorded, the site development
plan does not need to be recorded unless con-
tradictory to the recorded final plat. If a final
plat has not been approved and recorded on
any part or portion of the development, the
platting procedure must be followed in accor-
dance with the City of Waterloo Subdivision
Ordinance No. 2979 on all portions or parts
not platted. The site development plan can be
resubmitted as a preliminary plat if it meets
the preliminary plat requirements. This does
not prohibit the platting and development of
land within an approved area of the approved
district in a phased manner.
2A -29E BULK REGULATIONS.
The following minimum requirements
shall be observed subject to the modified re-
quirements contained in Section 2A-48:
"B -P' BUSINESS PARK DISTRICT
USE
LOT AREA
LOT WIDTH
FRONT
YARD
DEPTHS
LEAST WIDTH ON
ANY ONE SIDE
REAR YARD
DEPTHS
MAXIMUM HEIGHT &
LOT COVERAGE
Professional
Office Uses
No mud-
main
No Minimum
25' (1)
5' except where outside
storage would be a pos-
sibility, in which a 25'
setback (2)
25' 93
No maximum, subject to
staff site lan approval
whe -let-..
Commercial/
Service Uses
ug -z -ere
line
clesser setback
-
Light Indus-
trial Uses
advantages -of -Planned
Distriet
(1) The front yard depth may be modified to meet the froi t yard depth of existing structures abutting t ie property. Said front yan
depth shall be measured from the property lune of said lot.
69
2A-30 REGULATIONS.
The Business Park District, similar to a Plumed Residence District, may incorporate zero lot line development subject to site
plan approval where -a Tr.m. fefef-Develepnient-ni�.gl-aa sagreed-upon-by-abutting-property-development, or including where
buildings would be connected to consider separate parcels as one development site.
For every additional foot the front yard depth is increased over the minimum setback, the rear yard depth may be decreased in
direct proportion thereto, but in the rear yard depth shall not be less than eight ten (810) feet, unless abutting a railroad spur in
which case the setback may be reduced to a zero lot lute setback.
PART XIV'
"C-3" CENTRAL BUSINESS
COMMERCIAL DISTRICT
[Ordinance 3192, 2/22/82]
2A-30 REGULATIONS.
The regulations set forth in this Part, and
contained in Part V shall apply in the "C-3"
Central Business Commercial District. The
"C-3" Central Business Commercial District is
designed and intended to accommodate the
variety of retail stores, services and related
activities which often occupy the area within
the Central Business District. "C-3" Zoning
only shall apply to the existing Central Busi-
ness District or areas contiguous to the Cen-
tral Business District. Any outside storage of
materials, equipment or product shall' be lim-
ited and clearly incidental and accessory to
the Principal Permitted. Use, and shall not in-
clude the outside storage of junk or salvage
material or similar debris.. Outside storage of
materials or equipment shall not be permitted
in a front yard. This provision shall not re-
strict the outside storage of licensed and op-
erable vehicles or unlicensed o.erable vehi-
cles for sale, that are accessory and clearly
incidental to the Principal Permitted Use, and
shall not restrict outside display areas when
such display areas display items that can be
legally sold by a commercial business on the
property and when the display area does not
exceed an area equal to the area occupied by
the building(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the "C-2" Dis-
trict
70
B.
2. Alcohol Sales Uses, provided that no
alcohol sales use shall sell or dispense
alcoholic beverages via a drive-
through or walk-up window or any
similar drive -up or drive-in system.
[Ordinance 4976, 11/23/09]
3. Automobile Body or Fender Repair
Shop. Vehicles not in running conch -
tions, not DOT operational and not li-
censed, machinery, salvage, or used
parts shall be located in an enclosed
building.
4. Department Store
4. Exterminator Sales
67
77
Sales Yards
5. Manufacturing or Treatment of Prod-
ucts clearly incidental to the conduct
of a retail business conducted on the
premises
9-
6. Printing and/or Publishing Houses
11. Storage Warehouse or Busine ,
7. Tire Shop, including vulcanizing and
retreading
8. Transportation Passenger Terminals
14.
Accessory Uses:
1. Accessory uses permitted in the "C-2"
District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses. [Ordinance 4724,
9/20/04]
2A-31
BULK REGULATIONS.
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
PART XV
"M -l" LIGHT INDUSTRIAL DISTRICT
2A-32 Repealed by Ordinance 4724, 9/20/04.
The following minimum requirements quirements contained in Section 2A-48:
shall be observed, subject to the modified re -
"C -3" CENTRAL BUSINESS COMMERCIAL DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT YARD (1)
MINIMUM SIDE
YARD
MINIMUM
REAR YARD
MAXIMUM
HEIGHT
Residential Uses
No Mini-
mum
No MI Um=
No Minimum
No Minimum
No Minimum
No Minimum
(2)
Mobile Home
Parks
2 acres
100 feet
1,250 sq. ft.
SAME AS SPECIFIED IN TI -IE "R-4" RESIDENCE
DISTRICT
(2)
Motels/ Hotels
No Mini-
150 feet
No Minimum
50 20 ft.
-33010 ft.
50 20 ft.
(2)
mum
Other Permitted
Uses
No Mini-
mum
No Minimum
No Minimum
(3)
(4)
No Minimum
(2)
(1)
The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way line as shown
on the Offical Major Street Plan.
(2) No building hereafter erected or structurally altered shall exceed a height at the .,treet4ine of eight (8) stories or one hundred
(100) feet, but above the height permitted of the street -line three (3) feet may be added to the height of the building for each one
(1) foot that the building or portion thereof is setback from all sides of the lot. This requirement may be waived upon recom-
mendation and approval by the City Council, after review by the PlamtingrPregramutir�-and-Aetvng Commission.
None required unless fronting on the proposed right-of-way of a thoroughfare shown on the Official Street Plan, in which case
the building setback line shall be the proposed right-of-way line.
(4) None except adjacent to an "R" District in which case not less than fifteen (15) feet.
(3)
2A-32 Repealed by Ordinance 4724, 9/20/04.
PART XV
"M -1r" LIGHT INDUSTRIAL
DISTRICT
['Ordinance 3212, 5/24/82]
2A-33 REGULATIONS.
The regulations set forth in this Part and
contained in Part V shall apply in the "M-1"
Light Industrial District.
The "M-1" District is intended to provide
for areas of the community which are suitable
for industrial development adjacent to Com-
mercial Districts. Any outside storage of ma-
terials, equipment or product shall be acces-
sory to the Principal Permitted Use and shall
not include the outside storage of junk or sal-
vage material or similar debris except in an
approved recycling yard (salvage yard) and
except for inoperable vehicles being restored
to running condition as part of an automobile
repair shop. Any outside storage shall be ef-
71
fectively screened on each side facing a Resi-
dential or Commercial District and on each
side facing a public street by a solid fence,
wall or densel slanted corn . act hed • e not
less than six (6) feet or more than eight (8)
feet in height.
A. Principal Permitted Uses:
1. Any use permitted in the "C-3" Dis-
trict, except that alcohol sales uses
shall meet the regulations of the "C-2"
Commercial District (Ordinance 4976,
11/23/09] and except that no occu-
pancy permit shall be issued for any
school, hospital, clinic, or other insti-
tution for human care, or new dwell-
ing or residence except where physi-
cally attached and a part of another
permitted use. This restriction shall
apply to new dwellings or residences
only, and shall not prohibit the reha-
bilitation, reconstruction, or rebuild-
ing of dwellings or residences in in-
dustrial districts that were legally
PART XV
"M-1" LIGHT INDUSTRIAL DISTRICT 2A-33 REGULATIONS.
built prior to adoption of thi; Ordi-
nance 2479, adopted 02/03/69. Fur-
thermore, any such legally established
dwelling or residence may be rebuilt,
if damaged or destroyed, on the same
lot as legally established, provided
that all other rules and regulations of
this Ordinance are met. For the pur-
poses of this Ordinance, any such le-
gally established dwelling or resi-
dence is not considered a non-
conforming use as defined herein, but
is considered a legal use as described
in this paragraph. However, such re-
building must occur within two (2)
years of the removal of the original
structure Or within two (2) years of
removal of a legal replacement struc-
ture. [Ordinance 3486, 6/15/87] [Ordi-
nance 4614, 5/5/03]
2. Automobile assembly
3. Bag, carpet and rug cleaning; pro-
vided necessary equipment is in-
stalled and operated for the effective
precipitation or recovery of dust.
4. Bakeries, other than those whose
products are sold at retail only on the
premises.
5. Welding or other metal working
shops, excluding shops with drop
hammers and the like.
6. Contractor's equipment storage yard
or plant or rental of equipment com-
monly used by contractors, storage
and sale of livestock, feed and/or fuel,
provided dust is effectively controlled
and storage yards for vehicles of a de-
livery or drying service.
7. Carting, express, hauling or storage
yards.
8. Circus, carnivals or similar transient
enterprises; provided such structures
or buildings shall be at least two hun-
dred (200) feet from any "R" District.
9. Coal, coke or wood yard.
72
10. Concrete mixing, concrete products
manufacture.
11. Copper works.
12. Creamery, bottling works, ice cream
manufacturing (wholesale), ice manu-
facturing and cold storage plant.
13. Enameling, lacquering or japanning.
14. Foundry casting light weight nonfer-
rous metals or electric foundry not
causing noxious fumes or odors.
15. Flammable liquids, underground sto-
rage only, not to exceed twenty-five
thousand (25,000) gallons, if located
not less than two hundred (200) feet
from any "R" District.
16. Repealed by Ordinance 3104, 10/6/80.
17. Laboratories - experimental, film or
testing.
18.Livery Stable, public or private, or rid-
ing academy or club.
19. Machine shop.
20. Manufacture of musical instruments
and novelties.
21. Manufacture or assembly of electrical
appliances, instruments and devices.
22. Manufacture of pottery or other simi-
lar ceramic products, using only pre-
viously pulverized clay and kilns
23. Manufacture and repair of electric
signs, advertising structures, sheet
metal products, including heating and
ventilating equipment.
24. Milk distributing station other than a
retail business conducted on the pre-
mises.
24a.Mini-storage development. [Ordinance
4683, 4/12/04]
25. Sawmill, planing mill, including man-
ufacture of wood products not involv-
ing chemical treatment.
PARI' XV
"M-1" LIGHT INDUSTRIAL DISTRICT 2A-34 REQUIRED CONDITIONS:
26. The manufacturing, compounding,
processing, packaging or treatment of
cosmetics, pharmaceutical, and food
products except fish and meat prod-
ucts, cereals, sauerkraut, vinegar,
yeast, stock feed, flour, and the ren-
dering or refining of fats and oils.
27. The manufacture, compounding, as-
sembling or treatment of articles or
merchandise from previously pre-
pared materials such as bone, cloth,
cork, fiber, leather, paper, plastics,
metals or stones, tobacco, wax, yarns
and wood.
28. Automobile Body or Fender Repair
Shop. Vehicles not in running condi-
tion, not DOT operational and not be-
ing actively restored to running condi-
tion as well as machinery, salvage, or
used parts shall be located in an en-
closed building.
29. Wholesale Lumber Yards or Building
Material Sales 'Yards or Manufactur-
ing Facilities
30. Storage Warehouse or Business in-
cluding mini -storage or storage rental.
31. Wholesale Warehouse or Business
32. Recycling, Junk or Salvage Yards
upon approval of a Special Permit by
the Board of Adjustment after 'rec-
ommendation of the Commission and
in compliance with the requirements
of 2A-48 (H)(8); Any new yard estab-
lished after
stablished'after the effective date of adop-
tion of this Ordinance shall have a
minimum fenced yard area of five (5)
acres. ` This provision shall not restrict
the expansion of an existing yard that
is less than five (5) acres.
33. Sales Auction including automotive,
farm implement, livestock, furru-
ture/appliances, and similar uses.
73
B. Accessory Uses:
1. Any accessory uses permitted in the
"C-3" Commercial District.
2. Any accessory uses customarily acces-
sory and incidental to a permitted
principal use.
For any use allowable in an "M 1" District,
a siteplan shall be submitted ting
Official as a part of the Building Permit Ap,
plication. Said site plan shall be referred to
the Planning Staff for its review and approval
pertinent to meeting thc requirements of this
ordinance and any thcr City Ordinanee
and/or policy. Said site plan shall identify
the -areas -to -19e developed for buildings, the
mer of paces to be provided
for parking, the location of sidewalks and
driveways'; and thc points of ingress and
egress, including acccs., streets where rc
quircd, the location and heights of walls, the
location and type of landscaping, the location
of public easements, and the location, size,
type and number of signs.
2A-34 REQUIRED CONDITIONS:
No use shall be permitted to be estab-
lished or maintained which by reason of its
nature or manner of operation is or may be-
come hazardous, noxious or offensive owing
to the emission of odor, dust, smoke, cinders,
gas, fumes, noise, vibrations, refuse matter of
water -carried waste.
2A-35 BULK REGULATIONS:
[Ordinance 3908, 12/21/92]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to modified re-
quirements contained in Section 2A-48:
PART XVI
"M-2" HEAVY INDUSTRIAL DISTRICT
2A-37 REGULATIONS.
"M-1" LIGHT INDUSTRIAL DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD fI 1^)
MINIMUM SIDE YARD
MINIMUM
REAR
YARD Pad)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE "R-4" DISTRICT
Mobile-
Home -Parks
Two
100 feet
47
SAM • „r " D "
-42)
Acres
-25e -sit.
.GT
MoteLsL
Hotels
No Mini-
150 feet
No Minimum
50 20 feet
3010 feet
50 20 feet
No building shall
exceed three four
(34) stories or for-
ty eight (48) feet in
height 63
mum
Other Per-
matted Uses
No Minimum
25 feet
Same as "R-4" except abut-
ting to any "R" district in
which case not less than 25
feet [Ord. 3908, [12/21/32]
25 feet
(1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right -of way line as shown
on the Official Major Street Plan.
(2) For every additional foot the front yard depth is increased over 25 feet the required setback the rear yard may be decreased in
direct proportion thereto, but in no case shall the rear yard be less than eight ten (8 10) feet; unless the rear yard adjoins a rail-
road siding, in which case a loading dock may abut the rear lot line. In addition, if any portion of this rear yard area is used for
an enclosed off-street loading space, the area above such an enclosure may be used for building purposes. This regulation shall
not apply if the lot in question is adjacent to an "R" District.
(3) On parcels of land in this district which abut the flood conhol dikes established as part of the U.S. Army Corps of Engineers
Flood Control Project, the minimum rear yard shall be sixteen (16) feet.
(4) Where -an -area has developed -or partially developed pri rdinance, a The front yard setback is
required except that any commercial orindustrial use may be less -than twenty (20) feet tae sante a., built to the
nearest front yard depth [frona the street right-of-way to the structure) of a structure that was legally established prior -to thi
ordinance. This setback would apply to all structures on the same side of the street between two (2) intersecting streets. This in-
cludes only buildings addressed and/or having their front yard setback facing the same street. It does not include comer lots
whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. These -regulation.,
awl -residential antis. [Ordinance 4537, 2/4/02]
f5) The rear yard setback is required except where an existing principal building is closer to the rear lot line. In these instances the
minimum rear yard setback will he the same as the nearest rear yard depth that was legally established prior to this Ordinance.
This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
j61 For every additional foot all yard lines are increased over the required setback, the building height may be increased by two (2)
feet, including allowing additional stories except as further provided in Section 2A-48.
PART XVI
'M-2" HEAVY INDUSTRIAL
DISTRICT
[Ordinance 3212, 5/24/82]
2A-37 REGULATIONS.
The regulations set forth in this Part and
contained in Part V shall apply in the "M-2"
Heavy Industrial District. The district is de -.
signed to provide for uses, with exterior stor-
age or industrial character, which due to their
size and nature may not be compatible with
some uses. The district is further designed to
74
permit the normal operation of all industries,
subject to prescribed regulation needed to
control congestion and to protect non-
industrial uses. Since this is the least restric-
tive of any district, many uses are permissible
which involve hazardous operations or cir-
cumstances, or create conditions or effects
which, if not properly managed, could be un-
healthy, offensive, or injurious to workers or
the public -at -large. For this reason, and be-
cause the performance standards set forth in
this Ordinance provide only limited control,
it is necessary that any application for "M-2"
District be heavily scrutinized for proper spa-
tial relationship to adjoining districts with
PART XVI
"M-2" HEAVY INDUSTRIAL DISTRICT
2A-37 REGULATIONS.
res ect to revailin• winds traffic atterns
service facilities such as sewer, water, roads
and public safety (police, fire and emergency
response), compatibility with <surrounding
land uses, and other similar considerations.
A. Principal Permitted Uses:
A building or premises may be used for
any purpose whatsoever except those listed
in subparagraph 1, 2, 3, 4 and 45 below, and
except as provided in Section 2A-48 (H):
1. No occupancy or > building permit
shall be issued for any use in conflict
with any ordinance of the City of Wa-
terloo or law of the State of Iowa regu-
lating nuisances.
2. No occupancy or building permit
shall be issued for any dwelling,
school, hospital, clinic, or other insti-
tution for human care, except where
physically attached and a part of an-
other permitted principal use. The
provisions of 2A -33(A)(1) shall apply
in regards to dwellings legally estab-
lished prior to adoption of this Ordi-
nance 2479, adopted 02/03/69. [Ordi-
nance 4614, 5/5/03]
3. No occupancy or building permit
shall be issued for gaming facilities,
except upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the Commission to eva-
luate the site layout, traffic, and other
ordinance and code provisions. The
impact upon existing infrastructure
and development as well as the over-
all growth and development of the
community will also be reviewed.
[Ordinance 4735, 10/18/041
4. No occupancy or building permit
shall be issued for any of the follow-
ing uses until and unless the location
of such use shall have been authorized
by the City Council after report from
the Fire Department and recommen-
dation by the Commission:
75
a. Slaughter houses or stock yards.
b. Manufacturing or wholesale stor-
age of acids.
c. Repealed by Ordinance No. 3104,
10/8/80.
d. Cement, lime gypsum, or plaster
of paris manufacture.
e. Distillation of bones.
f. Explosive manufacture or storage.
Fat rendering.
h. Fertilizer manufacture.
g
i. Garbage, refuse or dead animal
reduction or dumping.
Gas manufacturing and cylinder
recharging.
k. Glue, size or gelatin manufactur-
ing.
1. Refining or wholesale storage of
petroleum or petroleum products
or gasoline.
m. Manufacturing of rubber goods.
n. Sand or gravel pits.
o. Smelting of tin, copper, zinc, or
iron ores.
Transmitting stations Waste Dis-
posal or Landfill.
q. Waste paper yard.
r. Wholesale st rage of gasoline.
5. Alcohol Sales Uses, provided said use
meets the regulations of the "C-2"
Commercial District. [Ordinance 4976,
11/23/09]
P.
B. Accessory Uses
1. Any accessory uses permitted in the
"M-1" Light Industrial District.
2. Any accessory uses customarily acces-
sory and incidental'to a permitted
principal use
C. Required Conditions
1. The best practical means known for
the disposal of refuse matter or water-
PART XVI
"M-2" HEAVY INDUSTRIAL DISTRICT
2A-38 BULK REGULATIONS.
carried waste, the abatement of ob-
noxious or offensive odor, dust,
smoke, gas, noise, or similar nuisance,
shall be employed.
2. All principal buildings and all acces-
sory buildings or structures, including
loading and unloading facilities, shall
be located at least two hundred (200)
feet from any "R" District and not less
than one hundred (100) feet from any
other district except an "M-1" District.
D. Site Plan Required Existing "M 2"
Ar a
and approval pertinent to meeting the re
City Ordinance and/or policy. Said site plan
b
walks an
ces to
the lo
2A-38 BULK REGULATIONS.
[Ordinance 3908, 12/21/92]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 2A-48:
"M-2" HEAVY INDUSTRIAL DISTRIC
on the Official Major Street Plan.
m a Malor Street" shall be measured from the proposed right-of-way line as shown
(2) For every additional foot the front yard depth is increased over 25 -feet the required setback the rear yard may be decreased in
direct proportion thereto, but in no case shall the rear yard be less than eight ten (8 10) feet; unless the rear yard adjoins a rail-
road siding, in which case a loading dock may abut the rear lot line. In addition, if any portion of this rear yard area is used for
an enclosed off-street loading space, the area above such an enclosure may be used for building purposes. This regulation shall
not apply if the lot in question is adjacent to an "R" District.
On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineers
Flood Control Project, the minimum rear yard shall be sixteen (16) feet.
1a) The front yard setback is required except any commercial or industrial use may be built to the nearest front yard depth (from
the street richt-of-way to the structure of a structure that was legally established. This setback would apply to all structures on
the same side of the street between two (2). intersecting streets. This includes only buildings addressed and/or having their
frontyard setback facing the same street It does not include corner lots whose front yard is located on an adjacent street and
used the other street frontage as a side yard setback.
(3)
76
USE
MINIMU
M LOT
AREA
MINIMU
M LOT
WIDITI
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (0 U
MINIMUM SIDE YARD
MINIMO
M REAR
YARD (Z1.5)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED
IN THE "R-4" D STRICT
Mobile
Home Parks-
Two -(2)
aeres-
400 -fret
P5 sq. ft.
SAME -AS -SPECIFIED
IN THE "R
1" DISTRICT
MotelsL
Hotels
No Mini-
150 feet
No Minimum
50 20 feet
3010 feet
50 20 feet
No building shall
mum
exceed four (4)
stories or forty -
eight (48) feet in
Other Per-
mitted Uses
No Mini-
mum
No Mini-
mum
No Minimum
25 feet
Same as "R-4" District except
abutting to any "R" district
in which case not less than 25
feet [Ord. 3908, 12/21/92]
40 feet
height lel
on the Official Major Street Plan.
m a Malor Street" shall be measured from the proposed right-of-way line as shown
(2) For every additional foot the front yard depth is increased over 25 -feet the required setback the rear yard may be decreased in
direct proportion thereto, but in no case shall the rear yard be less than eight ten (8 10) feet; unless the rear yard adjoins a rail-
road siding, in which case a loading dock may abut the rear lot line. In addition, if any portion of this rear yard area is used for
an enclosed off-street loading space, the area above such an enclosure may be used for building purposes. This regulation shall
not apply if the lot in question is adjacent to an "R" District.
On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineers
Flood Control Project, the minimum rear yard shall be sixteen (16) feet.
1a) The front yard setback is required except any commercial or industrial use may be built to the nearest front yard depth (from
the street richt-of-way to the structure of a structure that was legally established. This setback would apply to all structures on
the same side of the street between two (2). intersecting streets. This includes only buildings addressed and/or having their
frontyard setback facing the same street It does not include corner lots whose front yard is located on an adjacent street and
used the other street frontage as a side yard setback.
(3)
76
PART XVII
"M -2,P" PLANNED INDUSTRIAL DISTRICT 2A-39 REGULATIONS.
The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimuin rear yard setback will be the same as the nearest rear yard depth that was legally established prior
to this Ordinance. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
hl For every additional foot all yard lines are increased over the required setback, the building height may be increased by two (2)
feet, including allowing additional stories, except as further provided in Section 2A-48.
PART XVII
"M -2,P" PLANNED
INDUSTRIAL DISTRICT
2A-39 REGULATIONS.
A. Intent
The purpose of this Section of the Ordi-
nance is to permit the establishment of indus-
trial parks and to provide for the orderly
planned growth of industries in large tracts of
land, allowing greater flexibility and diversi-
fication of land uses and building locations.
It is also intended that such industrial parks
be developed to maximize the potentials of
industrial areas and at the same time mini-
mize any adverse effect upon adjacent prop-
erties in other zoning districts. It is the intent
of this Section that the basic principles of
good land use planning be maintained and
that sound 'zoning standards as set forth in
this Ordinance concerning orderly growth
and development, traffic patterns, and com-
patible design and use be preserved.
A B. Principal Permitted Uses:
1) Any use permitted in the "M-2"
Heavy Industrial District.
2) Gaming facilities. The Planning
Commission and City Council shall
evaluate the site layout, traffic, and
other ordinance and code provisions.
The impact upon existing infrastruc-
ture and development as well as the
overall growth and development of
the community will also be reviewed.
[Ordinance 4735, 10/18/04]
B C. Required Conditions.
Prior to the issuance of any building per-
mit for any building or structure in this dis-
trict, a plan approved by the City Planning
Commission and City Council, as provided in
Section 2A-39 (D) (Procedure) of this Section,
shall be on file with the Building Official
showing the following information:
1) General plan showing the location of
all buildings, internal streets, parking
lots, railroad tracks, proposed sanitary
and storm sewer lines, and water and
power facilities.
2) Building setback fuzes shown on the
plan shall generally be not less than
one hundred (100) feet from public
streets, Residential (R-1, R-2, R-3, R-4)
Districts, or "A-1" Agricultural Dis-
tricts, however all required setbacks
shall be determined through plan re-
view. Such yard areas shall be land-
scaped and maintained in such a
manner as to reflect the intent of the
establishment of an industrial park
area. Off-street parking may be per-
mitted in all such yard areas, but shall
generally provided that they do not
extend closer than forty (40) feet to
public right-of-way, Residential (R-1,
R-2, R-3, R-4) Districts, or "A-1" Agri-
cultural Districts.
3) For tracts, parcels, lots, or building
sites of fifteen (15) acres or less of con-
tiguous commonly owned land, the
required setbacks shall be determined
through plan review. The objective in
the plan review process shall be to
preserve the overall character of the
greater area in which the develop-
ment is being constructed. The Bulk
77
PART XVII
"M -2,P" PLANNED INDUSTRIAL DISTRICT 2A-39 REGULATIONS.
Regulations contained in the "M-1",
Light Industrial Zoning District shall
be used as a general guide the mini
mum requiremcntc in reviewing said
development plans. [Ordinance 4165,
5/13/96]
4) Outdoor On- remise advertising and
bill oards may shall be permitted in
this district provided that such adver-
tising devices contain information per-
taining to the business or industry lo-
cated upon that site, and is in compli-
ancewith Part XXIII Outdoor Adver-
tising Signs and Billboards. The loca
any public street line.
5) The Planned Industrial District plan
shall indicate that all industrial or
commercial uses shall establish per-
formance standards relating to air and
water pollution emissions meeting or
exceeding standards established by
Federal, State or local pollution con-
trol ordinances or laws.
6) The parking requirements of the Zon-
ing Ordinance shall apply to all de-
velopments, except the City Council
may, after recommendation from the
Commission, alter those requirements
to preserve the intent and purpose of
this Ordinance.
7) The landscapnlg requirements' of the
district shall be considered under Sec-
tion 2A-7 (S)(4) (Alternative Compli-
ance) to create a common plan/theme
for the entire district.
G D. Miner -Site Plan Amendment„ Proce-
dure
Whenever any application for a "M -2,P"
Planned Industrial District as an amendment
to the Zoning Ordinance is submitted for a
particular development, the followin roce-
dure shall be utilized to facilitate said
amendment:
78
1. The owner or owners of any tract of
land comprising an area of not less
than fifteen (15) acres may submit a
petition re nesting' to change' to` the
"M -2,P" Planned Industrial District
classification.
2. Three (3) copies of the proposed de-
velo ment' plan with planned uses
shall be submitted and referred to the
Commission for review and report.
The Commission shall then review the
proposed development for conformity
with the standards of the Comprehen-
sive Plan and with recognized princi-
ples of civic design, land use planning
and landscape architecture.
3. The Commission may require, in the
absence of an appro nate 'ph sical
barrier along the project boundary,
that uses not be in conflict with those
allowed in adjoining proper or` a
buffer of open space and/or screening
be arranged along the borders of the
project.
4 After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the devel-
ppment plan and zoning petition^ as
submitted or require that the peti-
tioner amend the plan to preserve the
intent and purpose of this Ordinance
to` promote public health safety and
general welfare.
5 The development plan and zort in pe
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Coimcil after notice and a public
hearing may approve or disc prove
said plan as reported or may require
such changes thereto as it deems nec-
essary to achieve the intent and pur-
pose of this Ordinance.
6. Site Plan Amendments
a. Major
PART XVII
"M -2,P" PLANNED INDUSTRIAL DISTRICT 2A-39 REGULATIONS.
Any change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Section 2A-39 (C) (Required
Conditions) and Section 2A-39 (D)
(Procedure) of this Section.
Examples of major changes may
include, but are not limited to, the
following: changes in use, the ex-
terior street connections or major
traffic changes. A change in use
may go through the minor ap-
.roval .rocess as Ion as the
change is similar to the type of use
approved ' with the ` development
plan.
b. Minor
A site plan shall be prepared in
accordance with Section 2A-39
QPart- (Required Conditions)
and Section 2A-39 (D) (Procedure)
of -this -Section for any structure
change to an approved site plan
whieh-is-to--he located within an
"M -2,P" Planned Industrial Dis-
trict. Minor Site 'r Plan Amend-
ments shall be 'administratively
reviewed by Planning staff. If the
change is considered insignificant
in nature staff ma a. .rove' the
change without a review and pub-
lic hearing before the Commission
and City Council. [Ordinance 4165,
5/13/96]
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use to a
similar use ap .roved with the de-
velopment plan; minor change in
79
building locations; or change in
the locations of access, driveways,
or parking areas. These examples
may be carried out through the
administrative review and ap-
proval of the Planning staff.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building pro-
posed to be added on to, or new
buildings with a floor area not ex-
ceeding ten (10) ' percent of the
floor area of all existing or ap-
proved principal 'buildings. If
staff determines that the magni-
tude of an such 'chan_e is si• ' i -
cant m nature or could become
significant in nature, the change
shall be deemed major and the
change shall be resubmitted and
considered m the same manner as
the original site plan m accordance
with Section 2A-39 (C) `(Required
Conditions) and Section 2A-39 (D)
(Procedure), including a ` public
hearing'' before the 'Commission
and City Council. In determining
if a change is significant in nature
the Planning staff shall consider;
amon_ other thin • s the i`overall
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or 'adjoining proper-
ties caused by the proposed
change: s
turc which is existing at the time
this ordinance was amended, one
additi n which docs n t ancr ase
the existing floor arca by more
than fifty (50) percent, shall be ap
proved through the administrative
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRK.IS 2A-40 REGULATIONS.
the City Council without the
tare, a Public H aring may be rc
quired.
Furthermore, the 1 cati n and
construction of any additional
through the administrative review
and approval by the Plan and
the proposal t the City Council
for its review and approval.
PART XVIII
FLOODWAY AND FLOOD
PLAIN DISTRICTS
(Ordinance 3393, 6/10/85]
2A-40 REGULATIONS.
The regulations set forth in this Part and
those contained in Part V shall apply in the
Floodway and Flood Plain Districts.
A. General Regulations
1. Lands to Which Ordinance Applies.
This Ordinance shall apply to all lands
within the jurisdiction of the City of
Waterloo which uses the Flood Insur-
ance Study (FIS) as a basis for estab-
lishing the flood plain zoning districts.
These districts are shown on the Offi-
cial Zoning Map as being the bounda-
ries of the Floodway, Floodway
Fringe, General Flood Plain and Shal-
low Flooding Overlay Districts. With-
in these districts, all uses not allowed
as Principal Permitted Uses or per -
80
missible as Conditional Uses are pro-
hibited unless a Variance to the terms
of this Ordinance is granted after due
consideration by the Board of Ad-
justment. [Ordinance 5049, 6/20/11]
2. Rules for Interpretation of District
Boundaries. The boundaries of the
Floodway, Floodway Fringe, General
Flood Plain and Shallow Flooding
Overlay Districts shall be determined
by scaling distances on the Official
Flood Plain Zoning Map. When an in-
terpretation is needed as to the exact
location of the boundaries, the City
Planner or official designee shall make
the necessary interpretation. The
Board of Adjustment shall hear and
decide appeals when it is alleged that
there is an error in any requirement,
decision, or determination made by
the City Planner or designee in the en-
forcement or administration of this
Ordinance. [Ordinance 5049, 6/20/11]
3. Abrogation and Greater Restrictions.
It is not intended by this Ordinance to
repeal, abrogate or impair any exist-
ing easements, covenants, or deed re-
strictions. However, where this Ordi-
nance imposes greater restrictions, the
provision of this Ordinance shall pre-
vail. All other ordinances inconsistent
with this Ordinance are hereby re-
pealed to the extent of the inconsis-
tency only.
4. Warning and Disclaimer of Liability.
The degree of flood protection re-
quired by this Ordinance is consid-
ered reasonable for regulatory pur-
poses and is based on engineering and
scientific methods of study. Larger
floods may occur on rare occasions.
Flood heights may be increased by
man-made or natural causes, such as
ice jams and bridge openings re-
stricted by debris. This Ordinance
does not imply that areas outside the
flood plain districts or land uses per-
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A41 "F -W" FLOODWAY (OVERLAY) DISTRICT
milted within such districts will be
free from flooding or flood damages.
This Ordinance shall not create liabil-
ity on the part of the City of Waterloo
or the Board of Adjustment or an offi-
cer or employee thereof for any flood
damages that result from reliance on
this Ordinance or any administrative
decision lawfully made there under.
2A-41 "F -W" FLOODWAY (OVERLAY)
DISTRICT
1. Principal Permitted Uses. The follow-
ing uses shall be permitted within the
Floodway (Overlay) District to the ex-
tent they are not prohibited by other
ordinance (or underlying zoning dis-
trict) and provided they do not re-
quire placement of structures, factory
built homes, fill or other obstruction,
the storage of materials or other
equipment, excavation, or alteration
of a watercourse.
a. Agricultural uses such as general
farming, pasture, grazing, outdoor
plant nurseries, horticulture, viti-
culture, truck farming, forestry,
sod farming, and crop harvesting.
b. Industrial -commercial uses such
as loading areas, parking areas,
airport landing strips.
c. Private and public recreational
uses such as golf courses, tennis
courts, driving ranges, archery
ranges, picnic grounds, boat
launching ramps, swimming ar-
eas, parks, wildlife and nature
preserves, game farms, fish hatch-
eries, shooting preserves, target
ranges, trap and skeet ranges,
hunting and fishing areas, hiking
and horse riding trails.
d. Residential uses such as lawns,
gardens, parking areas play areas.
81
e. Such other open -space uses simi-
lar in nature to the above uses.
2. Conditional Uses. The following uses
which involve structures (temporary
or permanent), fill, storage of materi-
als or equipment, excavation or altera-
tion of a watercourse may be permit-
ted only upon issuance of a Special
Exception Permit by the Board of Ad-
justment. Such uses must also meet
the applicable provisions of the
Floodway District Performance Stan-
dards.
a. Uses or structures accessory to
open -space uses.
b. Circuses, carnivals, and similar
transient amusement enterprises.
c. Drive-in theaters, new and used
car lots, roadside stands, signs,
and billboards.
d. Extraction of sands, gravel, and
other material.
e. Marinas, boat rentals, docks, piers,
wharves.
f. Utility transmission lines, under-
ground pipelines.
Other uses similar in nature to the
Principal Permitted and Condi-
tional Uses described herein
which are consistent with the
Floodway District Performance
Standards and the general spirit
and purpose of this Ordinance.
3. Performance Standards. All Flood -
way District Uses allowed as a Princi-
pal Permitted or Conditional Use shall
meet the following standards:
a. No use shall be permitted in the
Floodway District that would re-
sult in any increase in the 100 year
flood level. Consideration of the
effects of any development on
flood levels shall be based upon
the assumption that an equal de-
g.
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A -41A "F -F" FLOODWAY FRINGE (OVERLAY) DISTRICT
gree of development would be al-
lowed for similarly situated lands.
b. All uses within the Floodway Dis-
trict shall:
1) Be consistent with the need to
minimize flood damage.
2) Use construction methods and
practices that will minimize
flood damage.
3) Use construction materials and
utility equipment that are re-
sistant to flood damage.
c. No use shall affect the capacity or
conveyance of the channel or
floodway or any tributary to the
main stream, drainage ditch, or
any other drainage facility or sys-
tem.
d. Structures, buildings and sanitary
and utility systems, if permitted,
shall meet the applicable perform-
ance standards of the Floodway
Fringe District and shall be con-
structed or aligned to present the
minimum possible resistance to
flood flows.
e. Buildings, if permitted, shall have
a low flood damage potential and
shall not be for human habitation.
f. Storage of materials or equipment
that are buoyant, flammable, ex-
plosive or injurious to human, an-
imal or plant Life is prohibited.
Storage of other material may be
allowed if readily removable from
the Floodway District within the
time available after flood warning.
Watercourse alterations or reloca-
tions (channel changes and modi-
fications) must be designed to
maintain the flood carrying capac-
ity within the altered or relocated
portion. In addition, such altera-
tions or relocations must be ap-
g.
82
proved by the Iowa Department of
Natural Resources (IDNR).
h. Any fill allowed in the floodway
must be shown to have some
beneficial purpose and shall be li-
mited to the minimum amount ne-
cessary.
i. Pipeline river or stream crossings
shall be buried in the streambed
and banks or otherwise suffi-
ciently protected to prevent rup-
ture due to channel degradation
and meandering or due to the ac-
tion of flood flows.
2A -41A "F -F" FLOODWAY FRINGE
(OVERLAY) DISTRICT
1. Permitted Uses. All uses within the
Floodway Fringe (Overlay) District
shall be permitted to the extent that
they are not prohibited by any other
ordinance (or underlying zoning dis-
trict) and provided they meet applica-
ble performance standards of the
Floodway Fringe (Overlay) District.
2. Performance Standards. All uses
must be consistent with the need to
minimize flood damage and shall
meet the following applicable per-
formance standards.
a. All structures shall (1) be ade-
quately anchored (including fac-
tory built homes) to prevent flota-
tion, collapse or lateral movement
of the structure, (2) be constructed
with materials and utility equip-
ment resistant to flood damage,
and (3) be constructed by methods
and practices that minimize flood
damage.
b. Residential buildings - All new or
substantially improved residential
structures shall have the lowest
floor, including basements, ele-
vated a minimum of 1.0 foot above
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A -41A "F -F" FLOODWAY FRINGE (OVERLAY) DISTRICT
the 100 year flood level. Construc-
tion shall be upon compacted fill
which shall at all points be no
lower than 1.0 foot above the 100
year flood level and extend at such
elevation at least 18 feet beyond
the limits of any structure erected
thereon. Alternate methods of
elevating (such as piers) may be
allowed subject to favorable con-
sideration by the Board of Ad-
justment and issuance of a Special
Exception Permit where existing
topography, street grades, or other
factors preclude elevating by fill.
In such cases, the methods used
must be adequate to support the
structure as well as withstand the
various forces and hazards associ-
ated with flooding. All new resi-
dential building shall be provided
with a means of access which will
be passable by wheeled vehicles
during the 100 year flood. [Ordi-
nance 3487, 6/15/87] [Ordinance
5049, 6/20/11]
c. Non-residential buildings - All
new or substantially improved
non-residential buildings shall
have the first floor (including
basement) elevated a minimum of
1.0 foot above the 100 year flood
level or together with attendant
utility and sanitary systems be
flood -proofed to such a level.
When flood proofing is utilized, a
professional engineer registered in
the State of Iowa shall certify that
the flood -proofing methods used
are adequate to withstand the
flood depths, pressures, velocities,
impact and uplift forces and other
factors associated with the 100
year flood; and that the structure
below the 100 year flood level is
watertight with walls substantially
impermeable to the passage of wa-
ter. A record of the certification
83
indicating the specific elevation (in
relation to North American Verti-
cal Datum 1988) to which any
structures are flood -proofed shall
be maintained by the City Planner
or designee.
d. All factory built homes which are
placed in an existing factory built
home park or subdivision, shall be
anchored to resist flotation, col-
lapse, or lateral movement by
providing over -the -top and frame
ties to ground anchors. Specific
requirements are that (1) over -the -
top ties be provided at each of the
four corners of the factory built
home with two (2) additional ties
per side at intermediate locations
for factory built homes 50 feet or
more in length or one (1) such tie
for factory built homes less than
50 feet in length; (2) frame ties be
provided at each corner of the
home with five (5) additional ties
per side at intermediate points for
factory built homes 50 feet or more
in length or four (4) such ties for
homes less than 50 feet in length;
(3) all components of the anchor-
ing system be capable of carrying
a force of 4800 pounds; and (4)
any additions to the factory built
home be similarly anchored. All
factory built homes which are
placed in an existing factory built
home park or subdivision shall be
elevated on a permanent founda-
tion such that the lowest floor of
the structure is a minimum of one
(1) foot above the 100 -year flood
level. (Ordinance 5049, 6/20/11]
e. All factory built homes not being
placed in existing factory built
home parks or subdivisions shall
be placed on lots or pads elevated
by means of compacted fill so that
the lowest floor of the factory built
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A -41A "F -F" FLOODWAY FRINGE (OVERLAY) DISTRICT
home will be a minimmn of one
(1) foot above the 100 year flood
level. In addition, the he -down
specifications enumerated within
subparagraph (d) herein must be
met and adequate surface drain-
age and access for a hauler must
be provided. [Ordinance 5049,
6/20/11]
f. New factory built home parks, ex-
pansions to existing factory built
home parks, and factory built
home parks where the repair, re-
construction or improvement of
the streets, utilities, and pads
equals or exceeds 50% or more of
the value of the streets, utilities
and pads before the repair, recon-
struction or improvement has
commenced shall provide: (1) Lots
or pads that have been elevated by
means of compacted fill so that the
lowest floor of factory built homes
will be a minimum of 1.0 feet
above the 100 year flood level; (2)
adequate surface drainage; (3) ac-
cess for a hauler; and (4) ground
anchors for factory built homes.
[Ordinance 5049, 6/20/11]
Utility and Sanitary Systems.
1) All new and replacement sani-
tary sewage systems shall be
designed to minimize or elim-
inate infiltration of flood wa-
ters into the system as well as
the discharge of effluent into
flood waters. Wastewater
treatment facilities (other than
on-site systems) shall be pro-
vided with a level of flood pro-
tection equal to or greater than
one (1.) foot above the 100 year
flood elevation. [Ordinance
5049, 6/20/11]
2) On-site waste disposal and
water supply systems shall be
g.
84
located or designed to avoid
impairment to the system or
contamination from the system
during flooding. [Ordinance
5049, 6/20/11]
3) New or replacement water
supply systems shall be de-
signed to minimize or elimi-
nate infiltration of flood waters
into the system. Water supply
treatment facilities (other than
on-site systems) shall be pro-
vided with a level of protec-
tion equal to or greater than
one (1) foot above the 100 -year
flood elevation. [Ordinance
5049, 6/20/11]
4) Utilities such as gas or electri-
cal systems shall be located
and constructed to minimize
or eliminate flood damage to
the system and the risk associ-
ated with such flood damaged
or impaired systems.
h. Storage of materials and equip-
ment that are flammable, explo-
sive or injurious to human, animal
or plant life is prohibited unless
elevated a minimum of one (1)
foot above the 100 -year flood lev-
el. Other material and equipment
must either be similarly elevated
or (1) not be subject to major flood
damage and be anchored to pre-
vent movement due to flood wa-
ters or (2) be readily removable
from the area within the time
available after flood warning.
i. Flood control structural works
such as levees, flood walls, etc.
shall provide, at a minimum, pro-
tection from a 100 -year flood with
a minimum of 3 feet of design
freeboard and shall provide for
adequate interior drainage. In
addition, structural flood control
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A -41A "P F" FLOODWAY FRINGE (OVERLAY) DISTRICT
J.
works shall be approved by the
Iowa Department of Natural Re-
sources (IDNR).
No use shall affect the capacity or
conveyance of the channel or
floodway of any tributary to the
main stream drainage ditch or
other drainage facility or system.
k. The exemption of detached ga-
rages, sheds, fences, flag poles and
similar structures from the 100
year flood elevation requirements
may result in increased premium
rates for insurance coverage of the
structure and contents; however,
said detached garages, sheds,
fences, flag poles and similar ac-
cessory type structures are exempt
from the 100 year flood elevation
requirements when:
1) The structure shall not be used
for human habitation.
2) The structure shall be de-
signed to have low flood dam-
age potential.
3) The structure shall be con-
structed and placed on the
building site so as to offer min-
imum resistance to the flow of
floodwaters.
4) The structure shall be firmly
anchored to prevent flotation
which may result in damage to
other structures.
5) The structure's service facili-
ties such as electrical and heat-
ing equipment shall be ele-
vated or flood proofed.
6) For detached garages and
sheds a professional engineer
licensed in the State of Iowa
shall certify that these re-
quirements are met. [Ordinance
5049, 6/20/11]
85
1. Subdivisions (including factory -
built home parks and subdivi-
sions) shall be consistent with the
need to minimize flood damages
and shall have adequate drainage
provided to reduce exposure to
flood damage. Development as-
sociated with subdivision propos-
als (including the installation of
public utilities) shall meet the ap-
plicable performance standards of
this Ordinance. Subdivision pro-
posals intended for residential use
shall provide all lots with a means
of vehicular access that will re-
main passable by wheeled vehicles
during the occurrence of the 100 -
year flood. Proposals for subdivi-
sions greater than five (5) acres or
fifty (50) lots (whichever is less)
shall include 100 -year flood eleva-
tion data for those areas Located
within the Floodway Fringe
(Overlay) District. [Ordinance 5049,
6/20/11]
m. All new and substantially im-
proved structures. [Ordinance
3487, 6/15/87]
1) Fully enclosed areas below the
"lowest floor" (not including
basements) that are subject to
flooding shall be designed to
automatically equalize hydro-
static flood forces on exterior
walls by allowing for the entry
and exit of flood waters. De-
signs for meeting this re-
quirement must either be certi-
fied by a registered profes-
sional engineer or meet or ex-
ceed the following minimum
criteria:
(a) A minimum of two open-
ings having a total net area
of not less than one square
inch for every square foot
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A-42 "F -P" GENERAL. FLOOD PLAIN (OVERLAY) DISTRICT
of enclosed area subject to
flooding shall be provided.
(b) The bottom of all openings
shall be no higher than one
foot above grade.
(c) Openings may be
equipped with screens,
louvers, valves, or other
coverings or devices pro-
vided that they permit the
automatic entry and exit of
flood waters.
Such areas shall be used solely
for parking of vehicles, build-
ing access, or low damage po-
tential storage. [Ordinance
5049, 6/20/11]
2) New and substantially im-
proved structures must be de-
signed (or modified) and ade-
quately anchored (including
factory built homes) to prevent
flotation, collapse, or lateral
movement of the structure re-
sulting from hydrodynamic
and hydrostatic loads, includ-
ing the effects of buoyancy.
3) New and substantially im-
proved structures must be
constructed with electrical,
heating, ventilation, plumbing
and air conditioning equip-
ment and other service facili-
ties that are designed and/or
located so as to prevent water
from entering or accumulating
within the components during
conditions of flooding.
n. Factory -Built Homes.
1. All factory -built homes, in-
cluding those placed in exist-
ing factory -built home parks
or subdivisions shall be an-
chored to resist flotation, col-
lapse, or lateral movement.
86
Methods of anchoring may in-
clude, but are not limited to,
use of over -the -top or frame
ties to ground anchors. [Ordi-
nance 5049, 6/20/11]
2. All factory -built homes, in-
cluding those placed in exist-
ing factory -built home parks
or subdivisions, shall be ele-
vated on a permanent founda-
tion such that the lowest floor
of the structure is a minimum
of one (1) foot above the 100 -
year flood level. [Ordinance
3487, 6/15/87]
2A-42 "F -P" GENERAL FLOOD PLAIN
(OVERLAY) DISTRICT
1. Principal Permitted Uses. The fol-
lowing uses shall be permitted within
the General Flood Plain (Overlay) Dis-
trict to the extent they are not prohib-
ited by any other ordinance (or under-
lying zoning district) and provided
they do not require placement of
structures, factory built homes, fill or
other obstruction; the storage of mate-
rials or equipment; excavation; or al-
teration of a watercourse, unless ap-
proved as herein stated. [Ordinance
5049, 6/20/11]
a. Agricultural uses such as gen-
eral farming, pasture, grazing,
outdoor plant nurseries, horticul-
ture, viticulture, truck farming, fo-
restry, sod farming and crop har-
vesting.
b. Industrial -commercial uses
such as loading areas, parking ar-
eas, and airport landing strips.
c. Private and public recreation
uses such as golf courses, tennis
courts, driving ranges, archery
ranges, picnic grounds, boat
launching ramps, swimming ar-
eas, parks, wildlife and nature
PART XVIII
FLOODWAY AND FLOOD PLAIN DISTRICTS 2A -42A "S -F" SHALLOW FLOODING (OVERLAY) DISTRICT
preserves, game farms, fish hatch-
eries, shooting preserves, target
ranges, trap and skeet ranges,
hunting and fishing areas, hiking
and horseback riding trails.
d. Residential uses such as lawns,
gardens, parking areas and play
areas.
e. Such other open -space uses
similar in nature to the above uses.
[Ordinance 5049, 6/20/11]
2. Conditional Uses. Any use which in-
volves placement of structures, fac-
tory built homes, fill or other obstruc-
tions; the storage of materials or
equipment; excavation; or alteration
of a watercourse may be allowed only
upon a determination by the Iowa
Department of Natural Resources
(IDNR) to determine (1) whether the
land involved is either wholly or part-
ly within the floodway or floodway
fringe and (2) the 100 year flood level.
The applicant shall be responsible for
providing the Iowa Department of
Natural Resources (IDNR) with suffi-
cient technical information to make
the determination. [Ordinance 5049,
6/20/111
3. Performance Standards.
a. All conditional uses or portions
thereof to be located in the flood -
way as determined by the Iowa
Department of Natural Resources
(IDNR) shall meet the applicable
provisions and standards of the
Floodway (Overlay) District.
b. All conditional uses, or portions
thereof, to be located in the flood -
way fringe as determined by the
Iowa Department of Natural Re-
sources (IDNR) shall meet the ap-
plicable standards of the Flood -
way Fringe (Overlay) District.
2A -42A "S -F" SHALLOW FLOODING
(OVERLAY) DISTRICT
1. Permitted Uses. All uses within the
Shallow Flooding (Overlay) District
shall be permitted to the extent that
they are not prohibited by any other
ordinance (or underlying zoning dis-
trict) and provided they meet the ap-
plicable performance standards of the
Shallow Flooding (Overlay) District.
2. Performance Standards. The per-
formance standards for the Shallow
Flooding (Overlay) District shall be
the same as the performance stan-
dards for the Floodway Fringe (Over-
lay) District with the following excep-
tions:
a. hi shallow flooding areas desig-
nated as an AO Zone on the Flood
Insurance Rate Map, the minimum
flood proofing/flood protection
elevation shall be equal to the
number of feet as specified on the
Flood Insurance Rate Map (or a
minimum of 2.0 feet if no number
is specified) above the highest
natural grade adjacent to the
structure. [Ordinance 5049, 6/20/11]
b. In shallow flooding the Flood In-
surance areas designated as an
AH Zone on the Flood Insurance
Rate Map, the minimum flood
proofing/flood elevation shall be
equal to the elevation as specified
on the Flood Insurance Rate Map.
c. In AO and AH zones, require
drainage paths around structures
on slopes to guide water away
from structures. [Ordinance 5049,
6/20/11]
87
PART XIX
"R -P" PLANNED RESIDENCE DISTRICT 2A-43 GENERAL REGULATIONS
PART XIX
"R P" PLANNED RESIDENCE
DISTRICT
(Ordinance 3223, 6/21/82]
Move Entire Section after "R-4" Section
2A 13 GENERAL REGULATIONS
A. Intent.
The "R -P" District is intended and de-
signed to provide a means for the develop-
ment of tracts of land on a unit basis, allow-
ing greater flexibility and diversification of
land uses and building locations than the
conventional single lot method. It is the in-
tent of this Section that the basic principles of
good land use planning be maintained and
that sound zoning standards as set forth in
this Ordinance concerning population den-
sity, adequate light and air, recreation and
open space and building be preserved.
B. Uses Permitted.
Single family, two family and multiple
family dwellings, except that no multiple
family dwellings will be allowed in the -"R-
1,R-P" or "R -2,R -P" Districts. Occupant ga-
rages and storage space, and similar acces-
sory uses. Non-commercial, outside and in-
side recreational facilities. Neighborhood re-
tail uses and those permitted in the "C-1"
Commercial District may be specifically and
selectively authorized by the City Council
upon recommendation of the Zoning Com-
mission, except that no commercial uses or
activities will be allowed in "R-1, R -P" or
"R-2, R -P" areas and any approved commer-
cial areas must be within an overall "R -P"
Plamled Residence package of more than ten
(10) acres. Commercial uses and accessory
uses shall be in accordance with Sections
2A-43 and 2A-24 not to exceed ten twenty-
five (1:0 25) percent of the overall develop-
ment, however professional office uses shall
88
not count towards the percentage of allowed
commercial uses.
C. Procedure.
Whenever any application for an "R -P"
Planned Residence District as an amendment
to the Zoning Ordinance is submitted for a
particular development, the following proce-
dure shall be utilized to facilitate said
amendment:
1. The owner or owners of any tract of
land comprising an area of not less
than two (2) acres may submit a peti-
tion requesting to change to the "R -P"
Zoning District Classification, except
that there shall not be a minimum
area for property within the consoli-
dated urban revitalization or enter-
prise zone area. [Ordinance 4710,
8/9/04]
2. Three (3) copies of the development
plan shall be submitted and referred
to the
Zoning Commission for study and re-
port. The Commission shall then re-
view the conformity of the proposed
development with the standards of
the Comprehensive Plan and with
recognized principles of civic design,
land use planning and landscape ar-
chitecture.
3. The Commission may require a time-
table and a development schedule for
the project. The Commission may al-
so require that no permit for any
commercial structure or building shall
be issued until at least twenty-five (25)
percent of the Planned Residence Dis-
trict in question is developed for resi-
dential uses allowable under its par-
ticular zoning classification.
4. The Commission may require, in the
absence of an appropriate physical
barrier along the project boundary,
that uses not be in conflict with those
allowed in adjoining property or a
PART XIX
"R -P" PLANNED RESIDENCE DISTRICT 2A-43 GENERAL REGULATIONS
buffer of open space or screening be
arranged along the borders of the pro-
ject.
5. After notice and a public hearing, the
Commission may recommend ap-
proval or disapproval of the devel-
opment plan and zoning petition as
submitted or require that the peti-
tioner amend the plan to preserve the
intent and purpose of this Ordinance
to promote public health, safety and
general welfare.
6. The development plan and zoning pe-
tition as recommended by the Com-
mission shall then be reported to the
City Council, whereupon the City
Council after notice and a public hear-
ing may approve or disapprove said
plan as reported or may require such
changes thereto as it deems necessary
to effectuate the intent and purpose of
this Ordinance.
7. Required Documents - Site Develop-
ment Plan
a. A site analysis showing a review
of topography, patterns, existing
vegetation, sanitary sewer and
water service, and major street
connections.
b. A schematic at 1" = 50' minimum
showing location of:
1. Buildings with height and ex-
terior design of typical struc-
tures and the number of dwell-
ing units in each:
2. Parking areas
3. Access drives and sidewalks
4. Streets abutting or within the
proposed development
5. Required peripheral yards
6. Common land, recreation ar-
eas and parks
89
7. Existing and proposed utilities
and public easements
8. Development stages and tim-
ing
9. All proposed walls and fences
10. Proposed signs and their loca-
tion
11. Lighting facilities and their lo-
cation
12. Name of property owner or
owners, legal description of
the property, point of com-
pass, scale and date
13. However, the applicant may
also choose an alternate two-
stage public hearing process in
which the following would oc-
cur:
a. The applicant would need
to submit an overall site
plan with a preliminary
layout of streets, lets, types
of development, access
drives, peripheral setbacks,
and a legal description of
the property. Such a plan
would be forwarded to the
Planning Commission for
their recommendation on
the rezoning of the land
only. However, nothing in
this Section shall be
deemed to constitute ap-
proval of (b) below upon
approval of this Section.
b. If the rezoning of the land
oiilv'is approved by City
Council after review by the
Commission, said Planned
Residence'ar a would the
request must then go to a
second public hearing
process for the approval of
the final development
plan. Said final plan
PART XIX
"R -P" PLANNED RESIDENCE DISTRICT 2A-43 GENERAL REGULATIONS
would include the criteria
listed above in subsection
(7)(b)(1-12) and with any
additional information
deemed necessary by the
Planning Cormnission or
City Council. [Ordinance
4358, 5/3/99] Said final de-
velopment plan must be
approved ` before any de-
velopment can occur and
before construction of any
public infrastructure.
8. Site Plan Amendments
a. Major
Arty change in the site plan
deemed to be substantial after the
Council has approved the plan
shall be resubmitted and consid-
ered in the same manner as the
original site plan. The site plan
shall be prepared in accordance
with Part C Section 2A-22A(C)
(Procedure) of this Section.
Examples of major changes may
include, but are not limited to the
following: changes in density,
changes in classification of land as
assigned on the approved site de-
velopment plan, the exterior sheet
connections or major traffic
changes use and/or the overall
street plan. A change in use may
go through the minor approval
process as long as the change is
similar to `` the type of use ap-
proved with the development
plan, and if compatibly designed
in relation to surrounding uses.
Similar shall be defined as a per-
mitted use in the same zoning
classification (R-1, R-2, R-3 or R-4)
as the site in question is listed as
on the approved site plan. Areas
not designated or designated as
residence or one and two family
90
residence shall permit"R-2" uses.
Areas designated as multiple fam-
ily
or multiple residence shall
permit "R-4" uses excluding office
uses. Areas designated as office or
professional office shall permit "R-
4" office uses.
b. Minor
A site plan shall be prepared in
accordance with Part C Section
2A-22A(C) (Procedure) of this Sec-
tion for any alteration to a site
plan located in an "R -P" Planned
Residence District. Minor Site Plan
Amendments shall be administra-
tively reviewed by the Planning
and Zoning staff. If the change is
considered insignificant in nature,
the staff may approve recommend
to the City Council that the change
be approved without the benefit of
a - review and public
hearing before the Planning; Pro
gramm;ing and Zoning Commis-
sion and City Council.
If the City Council determines that
the magnitude of such a change is
significant in nature, a public hear
ing may be required.
Fm•thermore, Examples of minor
changes may include, but are not
limited to the following: the loca-
tiont and construction,replace-
ment or change in type of signage;
of any additional signs, or the re
placement of existing signs;
change in use of a site to another
use classified in the same zoning
district; minor' change in building
locations; or change in the loca-
tions of access, driveways, or
parking areas,, shall These
changes"" may be carried out
through the administrative review
and approval of the Planning,
Programming and Zoning Com
PART XIX
"R -P" PLANNED RESIDENCE DISTRICT 2A-43 GENERAL REGULATIONS
mi.,sion staff. Minor changes may
include additions to an existing
building which do not increase the
floor area by more than fifty (50)
percent of the floor area of the
buildingyroposed to be added on
to and new buildings with a floor
area not exceeding ten (10) percent
of the floor area of all existing or
a..roved ''.rinci.al 'buidin•s.
Minor changes may also include a
change in the location or type of
residential structure(s) as long as
the overall density (units per acre)
is not significantly increased by
more than what was previously
approved. If the staff feels deter-
mines that the magnitude of any
such change is significant in na-
ture or could become significant in
nature, the change, it shall be
deemed ''major and shall be re-
submitted and considered in the
same manner as the original site
plan in accordance with Section
2A -22A (C) (Procedure), including
a public hearing before the Com-
mission and City Council may
submit the proposal to the City
Council for its review and ap
pfsval. In determining if a change
is significant in nature the Plan-
ning staff shall consider, among
other things, the overall design of
the proposed change and its com-
patibility to the existing develop-
ment and surrounding develop-
ment, as well as impact on the
neighborhood due to changes in
parking, traffic, etc.` or changes in
visibility or aesthetics from the
public roads or adjoining_ proper-
ties caused b the .ro.osed
change.
91
Standards.
1. All dedicated streets, sanitary sewers
and storm sewers shall be subject to
the approval of the City Engineer.
2. No building permit for any building
or other structure within the devel-
opment shall be issued until the final
development plan is approved by the
City Council and recorded with the
County Recorder.
3. The parking requirements of the Zon-
ing Ordinance shall apply to all de-
velopments, except the City Council
may, after recommendation from the
Commission, alter those requirements
to preserve the intent and purpose of
this Ordinance.
4. The minimum yard requirements of
the underlying zoning district in
which the development is located
shall not apply except that the re-
quired yard shall be compatible
and/or similar to adjacent properties
provided aromid the boundary of the
development. However, the Commis-
sion and City Council may require
additional setbacks or other require-
ments if needed.
5. The maximum building height within
the development boundaries shall not
exceed the maximum height regula-
tions of its underlying zoning district,
except that for development at least
one hundred (100) feet from the de-
velopment boundaries, Council may,
after recommendation from the Plan
ning, Programming and Z ning
Commission, alter these requirements.
6. The Planning, Pr gramming and Zon
ing Commission and City Council will
review each plan to determine the
number of dwelling units to be per-
mitted.
The maximum number of dwelling
units permitted in an "R -P" District
PART XX
"H -C" I-IIGHWAY 218 CORRIDOR OVERLAY DISTRICT
2A -43A GENERAL REGULATIONS
shall be determined by dividing the
net development area by minimum lot
area per dwelling unit required by the
zoning district or districts in which
the Planned Unit Development is lo-
cated and then multiplying by a mul-
tiplier of one hundred twenty-five
(125) percent.
Net development shall be determined
by subtracting the area actually pro-
posed for public street right-of-way
from the gross development area. The
area of land set aside for common
land, private drives, private streets,
off-street parking, open space, recrea-
tion areas, as well as the building sites
shall be included in determining the
maximum number of dwelling units
permitted.
E. Deed Restrictions
The Planning, Programming and Zoning
Commission or City Council may consider
any deed restrictions or covenants entered
into or contracted by the developer concern-
ing the use of common land or permanent
open spaces. Common land as herein con-
tained shall refer to land retained in private
ownership but intended for the use of resi-
dents of the development unit or the general
public.
F. Commencement and Completion.
The Council may condition the approval
of the site plan upon the developer commenc-
ing construction of the development within
two (2) years and contingent upon comple-
tion of construction and improvements with-
in a reasonable period of time after Council
approval. In determining such time period,
the Council shall consider the scope and
magnitude of the development. Failure to
meet these requirements shall be deemed suf-
ficient cause for the Council, in accordance
with the provisions of this Ordinance to re-
zone the subject property to the zoning classi-
fication effective at the time of the original
92
submittal of the petition unless an extension
is approved by the Council for due cause
shown after recommendation by the Plan
rung, Programming and Zoning Commission.
G. Land Usage
The land usage, minimum lot area, yard
height, and accessory uses shall be deter-
mined by the requirements set out in this Sec-
tion, which shall prevail over conflicting re-
quirements of this Ordinance or Subdivision
Ordinance.
H. Platting Required
If a final plat has been approved and re
corded, the site development plan do not
need to be recorded unless contradictory to
the recorded final plat. If platting is required
and a final plat has not been approved and
recorded on any part or portion of the devel-
opment, the platting procedure must be fol-
lowed in accordance with the City of Water-
loo Subdivision Ordinance No. 2997 on all
portions or parts not platted. The site devel-
opment plan can be resubmitted as a prelimi-
nary plat if it meets the preliminary plat re-
quirements. (Ordinance 3223, 6/21/82]
PART XX
"H -C" HIGHWAY 218
CORRIDOR OVERLAY
DISTRICT
(Ordinance 3698, 2/5/90]
[Ordinance 3805, 8/5/91]
2A -43A GENERAL REGULATIONS
A. Boundaries
The "H -C" Highway 218 Corridor Over-
lay District shall generally include all real
property adjacent to or in close proximity to
Relocated U.S. Highway 218. The actual
boundaries are shown on the official zoning
map and legally described in Attachment A.
PART XX
"I -1-C" I IIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
13. Purpose And Intent
The purpose and intent of this Part is to
establish a Highway Corridor Overlay Dis-
trict for the orderly development of proper-
ties located within the Relocated Highway
218 Corridor Overlay District. The emphasis
of the Highway Corridor Overlay District is
to regulate the development within the Relo
cated I-Iighway 218 Corridor in order to pro-
mote the health, safety and welfare of the cit-
izens of Waterloo.
New structures, certain modifications to
existing structures that require building per-
mits and certain site improvements shall con-
form to this Part thereby achieving the envi-
roruirental goals of the Land Use Policy Plan.
The provisions of this Part shall apply in
addition to any other zoning district regula-
tions and requirements in which the land
may be classified. In the case of conflict, the
most restrictive provisions shall govern, ex-
cept as otherwise expressly provided in this
Part.
C. Definitions
The following definitions shall apply only
for the purposes of this Part.
1. Landscaped Area - An area not subject
to vehicular traffic, which consists of
living landscape material, decorative
rock, mulch, and similar material.
2. Vehicular Use Areas - All areas subject
to vehicular traffic including, but not
limited to, access ways, driveways,
loading areas, service areas, and park-
ing stalls for all types of vehicles. This
definition shall not apply to covered
parking structures or underground
parking lots.
3. Overstory Tree - A self-supporting
woody plant having at least one well-
defined stem or trunk and normally
attaining a mature height and spread
of at least 30 feet, and having a trunk
that may, at maturity, be kept clear of
93
leaves and branches at least eight feet
above grade.
4. Understory Tree - A self-supporting
woody plant having at least one well
defined stem or trunk and normally
attaining a mature height and spread
of less than 30 feet.
5. Shrub - A woody or perennial plant
with multiple stems.
6. Living Landscape - Low growing
woody or herbaceous groundcover,
turf, shrubs, and trees.
7. Screen - An area of planting which
provides an effective visual barrier.
For a single row the screen shall con-
sist of Spruce, Firs, or Pines spaced at
a maximum spacing of 15 feet or a
double staggered row of Spruce, Firs,
or Pine spaced at a maximum spacing
of 20 feet within each row; for Arbor-
vitae and Juniper the spacing shall be
a double staggered row with maxi-
mum spacing of 10 feet within each
row, or a single row with maximum
spacing of 6 feet.
8. Parking Strip - That portion of city
owned property between the curb
line, shoulder line or traveled portion
of the roadway or alley and the pri-
vate property line.
9. On -premise signs - A sign on the same
property as the activity it advertises.
10. Off -premise signs - A sign not entirely
on the same property as the activity it
advertises.
11. Strip Mall - A group of commercial
establishments with off street parking
on the property that are planned and
developed as an architectural unit and
are generally positioned in a row with
common walls.
12. Large sites - Sites with an area equal
to or greater than two acres.
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
13. Street yard setback area - The area lo-
cated between a line parallel and adja-
cent to the structure and the street
right-of-way line.
D. Administrative Regulations
The provisions of this Part shall constitute
the requirements for all zones that lie within
the boundaries of the Highway 218 Corridor
Overlay District. This Part shall apply to all
new construction, a change in use, or the fol-
lowing alteration or enlargement:
1. A 10% addition or 1000 square feet,
whichever is less; or
2. Any alteration which causes a sub-
stantial change in the exterior appear-
ance.
Expansion of Existing Uses
For existing uses which will be ex-
panding, the following percent of total
points and total landscaped area shall
be applied to the project dependent
upon the total size of all additions
since February 5, 1990:
The lesser of: Shall require:
10% - 20% addition 25% of Ordinance
or 100 square feet requirements
21 % - 40% addition 50% of Ordinance
or 2000 square feet requirements
41% - 50% addition 75% of Ordinance
or 2500 square feet requirements
51% addition or 100% of ordi-
2501 square feet nance
requirements
For those projects which are being re-
viewed as a result of a proposed sub-
stantial change in the exterior appear-
ance, rather than an increase in the
floor area, the landscape requirements
shall be reviewed using the alternative
compliance criteria by the Design Re-
view Board.
In addition to the above this Part shall
also apply to all sites being developed
94
for the provision of parking as a pri-
mary use or for any improvement
which results in the provision of or an
increase in parking.
This Part shall also apply to any addi-
tions, alterations, or repairs to existing
structures which result in a change in
the occupancy classification under the
Uniform currently adopted Building
Code. The City Planner may prorate
the requirements herein, based upon
the nature and extent of alterations
and additions. For projects as indi-
cated above, no certificate of occu-
pancy or building permit shall be is-
sued unless such development project
is found to be in conformance with
this Division Part.
E. Alternative Compliance
The City Planner or a designated 1eprc
centative shall be s lely resp nsible f r
In a case where a
plan does not comply with the provisions of
this Division Part, the City Plarmer or a des-
ignated,representative Design Review Board
may recommend approvele of the plan to the
design review board only if the following
findings are made:
1. The proposed improvements will ful-
fill an individual and/or community
need and will not adversely affect the
goals of the Land Use Policy Compre-
hensive Plan; and
2. The proposed improvements, because
of conditions that have been applied
to it, will not be detrimental to the
health, safety and general welfare of
persons residing or working in the
area and will not adversely affect oth-
er property in the vicinity; and
3. The proposed improvements will
meet the purpose and intent of this
Party: and
4. The proposed 'improvements will
meet all re. uirements of the under] -
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
in g Zoning Dishict. 'If the proposed
improvements do not meet all re-
quirements of the underlying Zoning
District, approval of a Variance by the
Board of Adjustment is also required.
The Alternative Compliance provision
may be applied to Large comrnercial and in-
dustrial projects or projects on difficult sites
that are unable to meet the requirements as
stated in this Part. In all cases projects so ap-
proved must satisfy the findings described
above.
F. Landscape Requirements
1. Submittal Procedures
a. Submittals for landscape approval
shall include a separate planting
plan showing type, size, and
number of plantings; a site plan
showing total area and total land-
scaped area and any supplemen-
tary information as required to
demonstrate conformance to the
landscape requirements. Any de-
viations from the approved land-
scape plan must receive approval
from the City Planner or his/her
designated representative prior to
installation.
b.
rangcments by b nd, certificate of
deposit, or a nonrevocable letter of
credit payable t thc City to en
cure that the landscaping will be
installed. The City Planner may at
his/her discreti n accept other
evidence of ability to pay. The fis
cal arrangements .,hall reflect the
cost of required landscaping not
landscaping will be installed. The
owner -must also grant the City or
its licensed and contracted agent
the purposes of installing the re
quired landscaping, in thc event
that such landscaping is not in
95
place by the date specified in the
agreement Such fiscal arrange
monis _ shall be rel ascd when
landLcape installation is verified.
The owner, by filing a landscape
application, grants the Ci , or its
licensed and contracted agent the
right to enter upon the land for the
purposes of installing the required
landscaping, in the event that such
landscaping is not in place by the
date specified in the agreement, or
in the event that such landscaping
is not maintained as provided in
the agreement. ' If the City must
carry out the apphcant'.s landscap-
ing responsibilities, the cost shall
beassessed against the property.
2. Measured Compliance
The following point schedule and
conditions apply to required land-
scaping in all zones and shall be used
in determining achieved points for re-
quired planting:
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches 25 points per inch
Understory Trees
2 inch caliper or greater 40 points
11/2 inch caliper or greater 30 points
1 inch caliper or greater 20 points
Shrubs
5 gallon or greater
2 gallon or greater
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
10 points
5 points
100 points
90 points
80 points
40 points
30 points
20 points
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT
2A -43A GENERAL REGULATIONS
3. Minimum Requirements for Desig-
nated Zones
a. "R" Zones - The minimum re-
quired landscape area shall be 65
45 percent of the lot exclusive of
buildings. The yard shall be
planted with a combination of
trees and shrubs to achieve a min-
imum of .05 points per square foot
of the landscaped area.
b. "C-3" Commercial Zone - The
minimum required landscape area
shall be 65 percent of the lot exclu-
sive of buildings and parking. The
landscape area shall be planted
with a combination of trees and
shrubs to achieve a minimum of
.05 points per square foot of land-
scaped area.
c. "C" and "M" Zones excluding
"C-3" - The minimum required
landscape area shall be 25 percent
of the total lot area. The landscape
area shall be planted with a com-
bination of trees and shrubs to
achieve a minimum of .04 points
per square foot of total lot area.
4. Additional Landscaping Require-
ments
The following additional landscaping
requirements apply to all zones:
a. Vehicular Use Areas
(1) For vehicular use areas larger
than four spaces, an area
equivalent to a minimum of
five percent (5%) of the total
vehicular use area shill be
landscaped. The required
landscape area shall be located
within the vehicular use area.
(2) There shall be .04 points per
square foot of vehicular use
area. The points shall be dis-
tributed throughout the ve-
hicular use area and within
96
five feet (5') of the perimeter.
The intent is to position the
plantings to enhance the over-
all appearance of the site.
(3) There shall be sufficient barri-
ers to protect all landscaped
areas from vehicular damage.
(4) Wherever a parking area is lo-
cated adjacent to City Right -of -
Way, the parking area shall be
separated from the parking
strip by a landscaped area(s) of
a width no less than eight feet
(8') measured perpendicular to
the curb. This area must may
be required by the Design Re-
view Board to contain an effec-
tive visual screen for a mini-
mum of eighty percent (80%)
of that parking area. This
screen, if required, must be at
least 30 inches in height, as
measured from the parking
area or the street curb, which-
ever is higher, and may be
achieved through the use of
landscaped berms or plant ma-
terials. If plant materials are
used to achieve this screen
there will be one (1) point as-
signed per linear foot of the
screen. No individual plant
points will be assigned for this
screen.
(5) The vehicular use area must
terminate at least five feet from
any exterior building wall.
Exceptions may be made
where it is necessary to cross
the non -vehicular use area to
gain access to the building(s)
and for drive up facilities such
as banks and restaurants and
for other difficult sites as de-
termined by the Board.
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
(6) All trees in the interior of the
vehicular use arca shall be two
inch (2") caliper or greater
measured six inches (6") above
grade at the time of planting.
(7) Areas less than 40 square feet
in size or having an average
dimension of less than three
feet, shall not be included for
purposes of calculating the re-
quired landscape area in the
vehicular use area.
b. Street Tree Planting A mini-
mum of 1.5 points per linear foot
of street frontage must be
achieved in the City parking strip.
This point requirement shall be
met through the provision of trees,
and planting shall comply with
the Vegetation Ordinance Chapter
35 of the Waterloo Municipal
Code, as amended. If circum-
stances do not allow planting on
the city parking, street tree points
shall be placed in the street yard
setback area.
c. Maintenance The owner shall
be solely responsible for the main-
tenance of any and all landscap-
ing. This maintenance shall in-
clude but not be limited to, re-
moval of litter, pruning, mowing
of lawns, adequate watering for all
growing plant life, and also weed-
ing in accordance with the Tree
and Shrub Care Guidelines as set
forth by the Waterloo Park Com-
mission. The owner shall also be
responsible for any replacement,
as necessary, in order to preserve
the landscaping plan as approved
by this Section. The responsibility
to maintain the Landscaping shall
include the parking strip located
between the private property line
and the public street or highway,
directly adjacent to the owner's
97
property. An installation and
maintenance of landscaping and
right to enter agreement shall be
signed prior to a building permit
being issued, unless - otherwise
provided by the City Planner.
d. Residential Development For
residential development in other
than residential zones, the residen-
tial requirements of this Division
Section 2A -43A (F) shall apply.
e. Point Distribution A minimum
of 65 percent of all required points
shall be achieved through tree
plantings. A minimum of 10 per-
cent of all required points shall be
achieved through living landscape
other than trees.
f. Reduction of Landscaped Area
A point score in excess of that re-
quired may be used to reduce the
required Landscaped area at a rate
of one square foot per excess point
up to a maximum reduction of 25
percent.
g. Screening For any use that is
not oriented toward Relocated
U.S. Highway 218, a screen shall
may be required by the Design
Review Board to be installed along
the lot line closest to the highway.
There will be no individual tree
points given for this screen. The
screen will receive 3 points per li-
near foot if the trees are greater
than 6 feet in height at the time of
planting. The screen will receive 1
point per linear foot if the trees are
greater than 4 feet in height at the
time of planting. In no case shall
the trees be less than 4 feet at the
time of planting. Exceptions to
this requirement may be granted
by the Design Review Board.
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
G. Sign Regulations
GENERAL PROHIBITION: No person
shall develop, install, locate, or construct any
sign requiring a permit within the Highway
218 Overlay District in the City of Waterloo
except as expressly authorized in this Section.
The provisions of this Section shall apply in
addition to any other zoning district in which
land may be classified and that such lands
may be used as permitted by such other dis-
tricts. In the case of conflict the most restric-
tive provisions shall govern except as other-
wise expressly provided in this Section.
1. Permitted Signs
a. On -premise Signs
(1) In residential, "1J 1" and "A-1"
districts, only those signs per-
mitted in the underlying dis-
tricts shall be allowed.
(2) Commercial "C-1" and
"C -1"/"C -Z"
(a) Pest Freestanding Signs.
One post, pole or monu-
ment sign per property,
not to exceed 40 square
feet on each face and not to
exceed 20 feet in height. 11
more than two faces are
used the area of each side
shall be reduced propor-
tionately.
(b) Wall Signs. Wall signs
shall not exceed 10% of the
wall arca; in no case shall
the wall signs exceed 109
of the first15 vertical feet
of wall ar a The length of
a. wall sign shall not exceed
2/3 of the building wall
length two (2) square feet
in area for every linear foot
of wall displaying such
sign. Wall signs shall be
mounted flat against the
building. No more than
98
two (2) sides of a building
For
the purpose of this Part,
signs painted on awnings
and signs mounted on
mansards shall be consid-
ered as wall signs.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to facilitate' the or-
derly flow of traffic with a
maximum area of 6 square
feet each. A logo or busi-
ness name is permitted on
the directional signs, but
shall not exceed two (2)
square feet. These signs
are for directional, not ad-
vertising purposes. The
directional signs shall not
be induded in the calcula-
tion of the allowable
square footage or location
of other signage.
(d) Menu Signs. s Single sided
menu signs shall be al-
lowed with no advertise-
ment on the back of the
sign. Each sign shall have a
maximum area of sixty (60)
sstiare feet and shall not
include a speaker if facing
an abutting residential dis-
trict or residential use. The
menu signs shall not be in-
cluded in the calculation of
the allowable square foot-
age or location of other
signage.
(3) Commercial "C-2" and All
Other Zoning Classifications
(a) Post signs. One Post sign
per property, not to exceed
40 feet in height with an
PART XX
HIGHWAY 218 CORRIDOR OVERLAY DISTRICT
2A -43A GENERAL REGULATIONS
area not to exceed the
smaller of the following:
(i) Two square feet for
each foot of street fron-
tage.
(ii) 250 square feet.
If more than two faces are
used, the area of each side
shall be reduced proportion-
ately.
For large sites one additional
post sign may be allowed un-
der the following conditions:
(i) The property has at least
one hundred fifty feet
(150') of continuous street
frontage.
(ii) The additional post sign
shall not be located closer
than one hundred fifty feet
(150') to any other post
sign on the same property.
(iii)The maximum combined
area for both signs shall
not exceed the maximum
allowed area for a single
post sign in that zone.
Strip malls and multiple
businesses with the land
under common ownership
that share common park-
ing, access, or structures
shall be treated as a single
property for the purposes
of this Section.
For strip malls and multi-
ple businesses with the
land under diverse owner-
ship that share common
parking, access, or struc-
tures theyre shall be al-
lowed one post sign per
use if the following condi-
tions are met:
99
(i)
(m)
The additional post
sign shall not be lo-
cated closer than one
hundred fifty feet (150')
to any other post sign.
The maximum com-
bined area for all signs
on the site shall not ex-
ceed the maximum al-
lowed area for a single
post sign in that zone.
A sign plan showing
the square footage of
signage for each parcel
shall be submitted by
the developer and/or
landowners for the en-
tire site prior to a sign
permit being issued.
(b) Wall Signs. Wall signs
shall not exceed 10% of the
wall area; in no case shall
the wall signs exceed 10%
of the first 15 vertical feet
of wall area. The length of
a wall sign shall not exceed
2/3 of the building wall
length. Wall signs shall be
mounted flat against the
building. No more than
two (2) sides of a building
shall have wall signs. For
the purpose of this Part,
signs painted on awnings
and signs mounted on
mansards shall be consid-
ered as wall signs.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to facilitate the or-
derly flow of traffic with a
maximum area of 6 square
feet each. A logo or busi-
ness name is permitted on
the directional signs, but
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
shall not exceed two (2)
square feet 10% of the total
sign arca. These signs are
for directional, not adver-
tising purposes. The
square footage of direc-
tional signs shall not be in-
cluded in the calculation of
the allowable square foot-
age or location of other
signage.
(d) Menu Signs. For drive up
menu signs, only one (1)
Single sided menu signs
shall be allowed with, no
advertisement on the back
of the sign. This Each sign
shall have a maximum area
of sixty 0260) square feet
and shall not include a
speaker if facing an abut-
ting residential district or
residential use. The square
footage of menu signs shall
not be included in the cal-
culation of the allowable
square footage or location
of other signage.
Roof Signs. Roof signs
shall be allowed in place of
the wall sign only when
both of the following con-
ditions are met:
(e)
(1) Insufficient area for a
wall sign;
(2) The building has a
pitched roof and the
roof sign does not pro-
ject higher than the
peak of the roof.
b. Off -Premise Signs Off -premise
signs shall not be allowed in the
overlay district. Off -premise signs
in existence within the "H -C" Dis-
trict at the time of enactment of
this Section shall be permitted to
100
remain as permitted uses in the
underlying zoning district. Exist-
ing off -premise signs may be
maintained, repaired, recon-
structed or replaced in the same
location. [Ordinance 3903, 11/23/92]
2. Additional Sign Regulations [Ordi-
nance 3923, 2/15/93]
Sign permits shall expire 6 months af-
ter the date of issuance.
When a business ceases operation the
on -premise signage shall be removed
by the owner according to the follow-
ing schedule: Sign or sign cabinet—
within 180 days, supporting struc-
ture — within 1 year
When off -premise advertising is bare
or in disrepair for a period of 90 days
it shall be removed. If it is bare or in
disrepair for a period of one year the
structure shall be removed.
3. Prohibited Signs
The following signs are not consid-
ered appropriate within the overlay
district and shall not be permitted:
Portable signs
Off -premise signs located on bus
benches
Signs painted directly on buildings
Off -premise roof signs
H. Design Review Board
1. Purpose
The primary purpose of design review
is to insure a high degree of aesthetics,
to promote quality and compatible
development of land uses, buildings,
structures and the physical environ-
ment of the community within the
highly visible Relocated Highway 218
Corridor.
Design review encompasses the ex-
amination of the below criteria with
regard to the aesthetics, appearances,
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
and function of the structure in rela-
tion to the site, adjacent structures
and surrounding conununity.
The Design Review Board and Plan-
ning Department shall review plans
based upon Section H-3 as established
in this Section of the Zoning Ordi-
nance. The Board must consider the
following as well as the guidelines
developed by the Board and ap-
proved by the Planning, Program
ming and Zoning Commission:
a. The existing and proposed condi-
tions of the lot, including but not
necessarily limited to topography,
vegetation, trees, drainage, and
waterways.
b. The location of all existing and
proposed buildings, drives, park-
ing spaces, walkways, means of
ingress and egress, drainage facili-
ties, utility services, landscaping
structures, signs, and lighting and
screening devices.
c. The dimensions of all buildings,
structures, setbacks, parking spac-
es, floor area ratio, height, lot cov-
erage and any other information
that may be reasonably required
to determine compliance with this
Ordinance.
d. Architectural elements of exterior
building surfaces, including mate-
rials.
e. The proposed structure indicates a
sensitivity to and is compatible
with the environment, adjacent
structures, and enhances the ap-
pearance of the surrounding
properties.
f. Access to the site from adjacent
roads shall be designed so as to in-
terfere as little as possible with
traffic flow on Relocated Highway
218 and to permit vehicles a rapid
101
g•
and safe ingress and egress to the
site.
Lighting shall be reviewed to en-
sure safe movement of persons
and vehicles; for security purposes
and to minimize glare and reflec-
tion on adjacent properties. Buff-
ering materials shall be reviewed
to ensure that headlights of vehi-
cles, noise, and Light from struc-
tures are purposely shielded from
public view and pedestrian areas.
h. The overall project shall be re-
viewed for compliance with the
City's Comprehensive Plan or
special plans that apply to or af-
fect the subject property.
2. Design Review Board
a. Powers and Duties
(1) The Design Review Board
shall be responsible for re-
viewing all applications for
design review required under
this Section.
(2) The Design Review Board
shall have the power to ap-
prove or deny applications
with or without conditions. If
an application is denied the
reasons for the denial shall be
stated.
(3) The Design Review Board
shall create and maintain a list
of design guidelines which it
shall apply to all applications.
Said guidelines may be
amended by a majority vote of
the Board upon approval of
the Planning, Programming
and Zoning Commission.
b. Membership
(1) Composition - The Design Re-
view Board shall be composed
of seven (7) regular members
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
and two (2) ex -officio mem-
bers. The seven (7) regular
members shall consist of a
minimum of two (2) members
at large and a minimum of
three (3) members from the fol-
lowing disciplines: architec-
ture, landscape architecture,
planning, land development
and the arts. The two (2) ex -
officio members shall be the
City Planner and the Building
Official.
(2) Appointment - All members
shall be appointed by the
Mayor in consultation with the
Planning Commission and ap-
proved by the City Council.
(3) Residency and Place of Busi-
ness - All regular members
shall reside in or have their
primary place of business in
the City of Waterloo, Iowa.
c. Terms of Office The term of
service on the Design Review
Board shall be three (3) years.
Members holding office on Febru
ary 20, 1995, shall serve the re
mainder of their current two year
terms. [Ordinance 4074, 2/20/95]
Each member shall serve until the
appointment of a successor. Va-
cancies shall be filled for the un-
expired'` term of any member
whose terni becomes vacant.
d. Removal Any Board member
who m'r..es more than one (1)
consecutive meeting; with no le
gitimate excuse may be recom
mended for removal by the Chair
or Vice Chair to the Mayor shall
be removable for cause by the ap-
pointing authority by `_ written
charges and after public hearing.
e. Quorum and Voting Four (4)
regular members shall constitute a
102
quorum. A majority vote of the
quorum shall be required to ap-
prove any application. The Chair
shall have the right to vote on all
issues before the Board. Prior to a
decision of the Board, the ex -
officio members shall submit a
recomrnendation for each item on
the agenda. If an application is
denied the Board shill provide a
written statement to the applicant
in support of its finding.
f. Meetings The Board shall meet
monthly or at the call of the
Chairperson or the City Plarmer.
All meetings shall be open to the
public and shall be conducted in
accordance with the rules and
regulations adopted by the Board.
Organization
(1) The Chairperson and Vice -
Chairperson shall be elected
annually from the members of
the Board by a majority vote.
(2) The Department of Planning
shall provide the necessary
staff to assist the Board in the
performance of its duties.
h. Conflict of Interest Members of
the Board shall be governed by the
applicable provisions of the Iowa
Code, as amended. This provision
shall apply from the installation
date of the first Board.
g
3. Design Review Procedure
a. Application for Design Review
The applicant shall obtain a De-
sign Review application from the
Planning Department which shall
be responsible for the overall co-
ordination and administration of
the Design Review Process. Once
the application and appropriate
set(s) of plans have been received
by the Planning Department and
PART XX
"PGC" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
determined to be complete, the
Planning Department shall within
ten-( 1 conduct a
staff review and prepare a rec-
ommendation to the Design Re-
view Board.
Any applicant requesting a review
before the Design Review Board
shall pay, upon the submission of
an application to the Planning De-
partment, a fee of $75.00. An ap
£hall require a fee of $25.00. If
deferment or clarification review
is requested by the applicant, a
$50.00 fee shall be acrerned in ac-
cordance with the Schedule of
Fees, as adopted by resolution by
the City Council. If a deferment or
clarification of conditions is re-
quested by the Board, there will be
no additional fee. If the applicant
removes his/her file from the
agenda after it has been accepted
by the Planning Department, the
City shall retain the application
fee.
The above fee schedule is required
in order to defray the costs associ-
ated with the administration of
this Section.
All applications must be submit-
ted a minimum of twe one weeks
prior to the board meeting to be
considered.
Should a question arise as to com-
pliance with the conditions as out-
lined by the Design Review Board,
a clarification review before the
Board may be called by any City
department having jurisdiction or
by the applicant.
Upon receipt of a properly com-
pleted application the Planning
Department shall notify the appli-
cant of the time and place the re -
103
view will be held. The Design Re-
view Board shall have full power
and authority to consider any ap-
plication subject to design review
under this Section and Planning
Department recommendation
within a reasonable time from the
date of submission of a complete
application to the Planning De-
partment. The Board shall an-
notuice its decision within three
(3) working days of the review.
The Design Review Board shall
have mandatory powers to ap-
prove or deny applications with or
without conditions. If an applica-
tion is denied the reasons for the
denial shall be stated.
The Design Review Board may re-
quire such changes in said plans
and specifications as in its judg-
ment may be requisite and appro-
priate to the maintenance of a high
standard of architecture, as estab-
lished by the standards contained
in this Ordinance, the Design Re-
view Board's guidelines and as
more specifically outlined in the
City's Comprehensive Plan and
other specific plans pertaining to
the Highway 218 Corridor Over-
lay District.
Upon approval of an application
by the Design Review Board, the
City Planner or his/her author-
ized representative shall stamp
and sign three (3) sets of plans.
turned to the applicant who may
only then submit an application
for a building permit. The remain
ing approved plan shall be part of
the Board's official record and
shall be maintained on file with
the Planning Department.
PART XX
"FI -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT
2A -43A GENERAL REGULATIONS
b. Exemptions
Exemptions to these regulations
design review procedure include
the following:
(1) All permits for plumbing,
heating, air conditioning, ele-
vators, fire alarms and extin-
guishing equipment, and all
other mechanical and electrical
equipment when such work is
entirely within the interior of
the building; however, the
City Planner or designee may
approve such building permit
applications for minor work
on the exterior of buildings.
(2) Any permit necessary for the
compliance with a lawful or-
der of the City related to the
immediate public health or
safety.
All permits for interior altera-
tions and repairs.
(4) All permits for demolition or
wrecking.
All one and two family resi-
dential properties and acces-
sory uses incidental to the
Principal Permitted Use -
cept those pr perties of his
toxic significance which ..hall
be reviewed by the Historic
Preservation Commission ac
cording to Chapter 181/2 of the
Waterloo Code of Ordinances.
4. Building Permit Application
The applicant or his/her authorized
agent shall make application for a
building permit. The application shall
include, at a minimum, the two (2)
sets of plans which were approved by
the Design Review Board and
stamped and signed by the City Plan-
ner or his/her authorized representa-
tive.
(3)
(5)
104
No building permit, certificate of oc-
cupancy, certification of completion,
or occupational license shall be issued
unless all the plans, including
amendments, notes, revision, or modi-
fications have been approved by the
City Planner or designee. Minor mod-
ifications to plans that have been ap-
proved by the Design Review Board
will be permitted when approved by
the City Planner or his/her desig-
nated representative.
No building permit shall be issued for
any plan subject to design review ex-
cept in conformance with the ap-
proved plans. The applicant shall
have up to one (1) year from the date
of design plan approval to obtain all
necessary building permits needed to
proceed with construction. If the ap-
plicant fails to obtain said building
permit(s) within the time period, all
staff and Design Review Board ap-
provals shall be null and void and the
applicant shall be required to re-
initiate the design review process;
however, an extension for cause, not
to exceed one (1) year, may be granted
by the Board.
An applicant may submit an applica-
tion for a building permit simultane-
ously with a design plan review in or-
der to expedite processing. However,
no building permit shall be issued un-
til the final design plan has been
stamped and signed by the City Plan-
ner or his/her authorized representa-
tive in accordance with this Ordi-
nance.
5. Special Review Procedure
For minor work associated with al-
terations and additions to existing
buildings, or the construction repair,
or alteration of new or existing walls,
at grade parking lots, fences, and sig-
nage, the City Planner or his/her des-
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
ignated representative, shall have the
authority to approve, approve with
conditions or deny an application on
behalf of the Design Review Board.
Appeal of the City Planner's finding
shall be considered by the Board at
the next regular meeting date.
6. Appeal
The applicant or any city department
having jurisdiction may appeal any
decision of the Design Review Board
to the Board of Adjustment pursuant
to Part XXV of the Zoning Ordinance.
Screening/Fencing
1. Any area used for the outside storage
of certain materials as hereinafter de-
scribed, shall be screened with a land-
scape screen or an approved fencing
alternative to provide a visual barrier.
It is the intent to use landscaped
screens whenever possible, and a
fencing alternative is to be used only
in cases where there is insufficient
area or other obstacles which preclude
the use of the landscaped screen.
The materials subject to this require-
ment include, but are not limited to
the following:
used tires
scrap metal
building materials and supplies
sign materials
concrete forms
used sign panels
junk or salvage vehicles
inoperable vehicles
partially scrapped vehicles
vehicles waiting for repair for more
than 30 days
salvage or inoperable appliances
all similar materials
Existing properties used f r the stor
age of these materials shall com
ply with this section within one
y ar of the adoption of this ordi
105
request a time extension from the
Design Review Board.
2. Feriprepe*ties-located adjacent to the
right of wayvr:
b. any service or frontage road sery
ing Relocated Highway 218 or;
c. the railroad if the railroad prop
erty is adjacent to U.S. 218 or Bluff
Street;
For any area used for the outside stor-
age of items listed above, where a
fence alternative is used the fence
shall be set back from property lines
adjacent to public right-of-way a dis-
tance equal to the required open space
for that pr perty according to Part "J"
below building setback of the under-
lying Zoning District.
which must comply with this ordi
nance within one year, may request a
quirement from the Design Review
Board.
The setback area shall be planted with
a combination of trees and shrubs to
provide the a minimum of 1.5 points
per square linear foot of sheet front-
age in addition to the 1.5 points per
linear foot of street frontage required
in 2A -43A (F)(4)(b) as required in that
zone according to Part F "Landscape
Regulations."
3. If the fencing alternative is utilized all
fencing shall be constructed of new
materials which provide a uniform
appearance and shall be built to meet
or exceed the Uniform currently
adopted Building Code. Acceptable
fencing materials include but are not
limited to:
a. Solid Wood
b. Solid Metal
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT
2A -43A GENERAL REGULATIONS
A 50% reduction in required points on
the exterior of the fence will be
granted for fencing that is constructed
from the following materials:
a. Stone or brick
b. Concrete with approved design
characteristics
c. Chain link with a hedge that sub-
stantially obscures the fence and
which will provide a solid appear-
ance within three (3) years of
planting.
Setback Requirements
1. To achieve the goals of this Section,
the setback requirement shall be fifty
feet (50') for all structures adjacent
abutting to:
a. Releeated Highway 218, or;
b. any service or frontage road serv-
ing Relocated Highway 218, or;
c. the railroad if the railroad prop-
erty is adjacent to Highway 218 or
Bluff street;
This setback area shall be used for
open space only, except that parking
shall be allowed to begin twenty-five
feet (25') from the property line.
2. For properties located adjacent to
Bluff Street the building setback line
shall be twenty-five feet (25'); the set-
back area shill be used for open space
only. No parking or other use shall be
allowed in the setback area.
3. For the "C-3" Commercial District the
building setback requirements for
property adjacent abutting to Relo
catcd Highway 218 right-of-way or to
the right-of-way of any service or
frontage road servicing Relocated
Highway 218 shill be twenty-five feet
(25'). This setback area shall be used
for open space only, except that park-
ing shall be allowed to begin twelve
106
and one-half feet (12.5') from the
property line.
4. The setback requirements shall apply
to new construction. Existing struc-
tures that are not in compliance with
this Section and wish to expand shall
not increase the non -conformity. Any
proposed expansion of an existing
non -conforming structure between the
existing building line and the required
set back line otherwise required in the
underlying Zoning District shall be al-
lowed only upon approval of the De-
sign Review Board.
5. For properties which are located in
"C-1" and less restrictive zones and
are affected by these setback require-
ments, the required rear yard setback
shall be reduced by one foot for each
foot the front yard setback is in-
creased beyond that which is required
in the underlying zone, provided the
property does not adjoin a residential
zone. In no case shall the rear yard be
reduced to less than eight ten (10) feet.
K. Use Restrictions
No new junk yards, salvage yards, recy-
cling yards, or construction storage yards
shall be allowed in the "H -C" Highway 218
Corridor Overlay District. Expansion of said
uses shall be allowed only through the design
review and Board of Adjustment process to
expand a legal non -conforming use.
ATTACHMENT A
Commencing at a point 300 feet westerly
of the intersection of Corporate City Limits
and Highway 218 South; thence continuing
300 feet in even width northerly along High-
way 218 and then westerly along I-380 to
Hess Road.
Thence northerly along Hess Road and
LaPorte Road to the intersection of East Mit-
chell Avenue; thence westerly along East Mit-
chell Avenue to the intersection of Dena
Street if extended; thence northerly along De-
PART XX
"H -C" HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 2A -43A GENERAL REGULATIONS
na Street to Byron Avenue, thence westerly
on Byron Avenue to Wisconsin Street; thence
northerly along Wisconsin Street to Haw-
thorne Avenue; thence westerly along Haw-
thorne Avenue to Ohio Street; thence north-
erly on Ohio Street to Forest Avenue; thence
westerly on Forest Avenue to Minnesota
Street; thence northerly along Minnesota
Street to Bertch Avenue; thence westerly
along Bertch Avenue to Oregon Street; thence
northerly along Oregon Street to Williston
Avenue; thence westerly along Williston
Avenue to Linwood Avenue; thence north-
erly along Linwood Avenue to South Street;
thence following South Street westerly to
West Mullan Avenue; thence continuing wes-
terly on Leland Avenue to Sunnyside Ave-
nue; thence southerly on Sunnyside Avenue
to Randall Street; thence westerly on Randall
Street to Oaklawn Avenue; thence southerly
on Oaklawn Avenue to West Wellington;
thence westerly on West Wellington if ex-
tended to Black Hawk Creek; thence north-
erly along Black Hawk Creek to Falls Ave-
nue; thence westerly on Falls Avenue to
Fletcher Avenue; thence northerly on Fletcher
Avenue to Harwood Avenue; thence north-
westerly along Harwood Avenue to Knoll
Avenue; thence northerly on Knoll Avenue to
Rock Island Avenue; thence westerly on Rock
Island Avenue to Englewood Avenue; thence
northerly on Englewood Avenue to Bismark
Avenue; thence westerly on Bismark Avenue
to Magnolia Parkway. Thence northerly on
Magnolia Parkway to Stratford Avenue;
thence westerly on Stratford Avenue to
Kirkwood Avenue; thence northerly on
Kirkwood Avenue to Upton Avenue; thence
westerly on Upton Avenue to Galloway
Court; thence northerly on Galloway Court to
Maynard Avenue; thence northwesterly on
Joy Drive to Gayle Street; thence northerly on
Gayle Street to C C & P Railroad; thence
northwesterly along railroad to intersection
of Faber Road if extended; thence southerly
to Rainbow Drive; thence westerly to a point
300 feet westerly of intersection of Rainbow
Drive and Greenhill Road; thence following
107
Highway 218 North ROW northerly and wes-
terly 300 feet in even width to West Corpo-
rate Limits; thence northerly to a point 300
feet north of ROW; thence easterly 300 feet in
even width to 300 feet westerly of Airport
Boulevard; thence northerly 300 feet in even
width to West Airline Highway; thence east-
erly along West Airline Highway to a point
300 feet easterly of Airport Boulevard; thence
southerly in 300 feet even width to Cedar
River; thence following the Cedar River to the
By -Pass Channel; thence following the By -
Pass Channel to Conger Street; thence south-
westerly on Conger Street to Westfield Ave-
nue; thence along Westfield Avenue to River
Road; thence continuing on River Road to
West Mullan Avenue; thence continuing on
Commercial Avenue to West Second Street;
thence southwesterly to West Second Street
to Jefferson Street; thence southeasterly on
Jefferson Street to West Tenth Street; thence
northeasterly on West Tenth Street to Com-
mercial Street; thence southeasterly on Com-
mercial Street to West Twelfth Street; thence
southwesterly on West Twelfth Street to Jef-
ferson Street; thence southeasterly on Jeffer-
son Street to West Seventeenth Street; thence
northeasterly on West Seventeenth Street to
Commercial Street; thence southeasterly on
Commercial Street to West Nineteenth Street;
thence southwesterly on West Nineteenth
Street to Jefferson Street; thence southeasterly
on Jefferson Street to LaPorte Road; thence
continuing on Paper Mill Street to Gladys
Street; thence southerly on Gladys Street to
Hawthorne Avenue; thence from Hawthorne
Avenue along Sheffield Avenue if extended
to East Mitchell Avenue; thence westerly
along East Mitchell Avenue to Birmingham
Avenue and Iowa Northern Railway; thence
southeasterly on Railway ROW to 300 feet
northerly of I-380; thence easterly 300 feet in
even width to Corporate Limits, thence sou-
therly along southerly Corporate Limits the
300 feet southeasterly of I-380 ROW; thence
continuing southwesterly to intersection of
Cedar Terrace Drive and Texas Street; thence
following Texas Street to East Shaulis Road;
PART XXI
"II -C" HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 2A -43B GENERAL REGULATIONS
thence from East Shaulis Road in 300 feet
even width to Corporate Limits.
PART XXI
H -C" HIGHWAY 20
CORRIDOR OVERLAY
DISTRICT
[Ordinance 3970, 9/13/93]
2A -43B GENERAL REGULATIONS
A. Boundaries
The "H -C" Highway 20 Corridor Overlay
District shall generally include all real prop-
erty adjacent to or in close proximity to U.S.
Highway 20. The actual boundaries are
shown on the official zoning map and legally
described as follows:
A parcel of land lying in the following
Sections: Section 11, Township 88, Range 13;
Section 10, Township 88, Range 13; Section 9,
Township 88, Range 13; Section 8, Township
88, Range 13; Section 7, Township 88, Range
13; Section 6, Township 88, Range 13; Section
1, Township 88, Range 14; all in the city of
Waterloo, Black Hawk County, Iowa;
BEGINNING AT THE INTERSECTION
OF THE CENTERLINE OF HESS ROAD
AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY 20, THENCE
SOUTH 300 FEET, THENCE WESTERLY
ALONG A LINE 300 FEET NORMALLY
DISTANT OF THE SOUTHERLY RIGHT-OF-
WAY LINE OF U.S. HIGHWAY 20 TO THE
WESTERLY CORPORATE LIMITS, THENCE
NORTH TO A POINT 300 FEET NORTH OF
THE NORTHERLY RIGHT-OF-WAY LINE
OF U.S. HIGHWAY 20, THENCE EASTERLY
ALONG A LINE 300 FEET NORMALLY
DISTANT OF THE NORTHERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY 20 TO
THE CENTERLINE OF HESS ROAD,
THENCE SOUTH TO THE POINT OF
BEGINNING.
108
B. Purpose And Intent
The purpose and intent of this Part is to
establish a Highway Corridor Overlay Dis-
trict for the orderly development of proper-
ties located within the U.S. Highway 20 Cor-
ridor. The emphasis of the Highway Corri-
dor Overlay District is to regulate the devel-
opment within the Highway 20 Corridor in
order to promote the health, safety and wel-
fare of the citizens of Waterloo.
New structures, certain modifications to
existing structures that require building per-
mits and certain site improvements shall con-
form to this Part thereby achieving the envi-
ronmental goals of the Land Use Policy Plan.
The provisions of this Part shall apply in
addition to any other zoning district regula-
tions and requirements in which the land
may be classified. In the case of conflict, the
most restrictive provisions shall govern, ex-
cept as otherwise expressly provided in this
Part.
C. Definitions
The following definitions shall apply only
for the purposes of this Part.
1. Landscaped Area - An area not subject
to vehicular traffic, which consists of
living landscape material, decorative
rock, mulch, and similar material.
2. Vehicular Use Areas - All areas subject
to vehicular traffic including, but not
limited to, accessways, driveways,
loading areas, service areas, and park-
ing stalls for all types of vehicles. This
definition shall not apply to covered
parking structures or underground
parking lots.
3. Overstory Tree - A self-supporting
woody plant having at least one well-
defined stem or trunk and normally
attaining a mature height and spread
of at least 30 feet, and having a trunk
that may, at maturity, be kept clear of
PART XXI
"H -C" HIGHWAY 20 CORRIDOR OVERLAY DISTRICT
2A4313 GENERAL REGULATIONS
leaves and branches at least eight feet
above grade.
4. Understonj Tree - A self-supporting
woody plant having at least one well
defined stem or trunk and normally
attaining a mature height and spread
of Less than 30 feet.
5. Shrub - A woody or perennial plant
with multiple stems.
6. Living Landscape - Low growing
woody or herbaceous groundcover,
turf, shrubs, and trees.
7. Screen - An area of planting which
provides an effective visual barrier.
For a single row the screen shall con-
sist of Spruce, Firs, or Pines spaced at
a maximum spacing of 15 feet or a
double staggered row of Spruce, Firs,
or Pine spaced at a maximum spacing
of 20 feet within each row; for Arbor
Vitae and Juniper the spacing shall be
a double staggered row with maxi-
mum spacing of 10 feet within each
row, or a single row with maximum
spacing of 6 feet.
8. Parking Strip - That portion of city
owned property between the curb
line, shoulder line or traveled portion
of the roadway or alley and the pri-
vate property line.
9. On -premise signs - A sign on the same
property as the activity it advertises.
10. Off -premise signs - A sign not entirely
on the same property as the activity it
advertises.
11. Strip Mall - A group of commercial
establishments with off street parking
on the property that are planned and
developed as an architectural unit and
are generally positioned in a row with
common walls.
12. Large sites - Sites with an area equal
to or greater than two acres.
109
13. Street yard setback area - The area lo-
cated between a line parallel and adja-
cent to the structure and the street
right-of-way line.
D. Administrative Regulations
The provisions of this Part shall constitute
the requirements for all zones that lie within
the boundaries of the Highway 20 Corridor
Overlay District. This Part shall apply to all
"R-3" or less restrictive uses requiring a
building permit for new construction, a
change in use or the following alteration or
enlargement for:
1. An addition of 10% or 1000 square
feet whichever is less; or
2. Sites being developed for the provi-
sion of parking as a primary use or for
any improvement which results in the
provision of or an increase in parking;
or
3. Additions, alterations or repairs to ex-
isting structures which result in a
change in the occupancy classification
under the Uniform currently adopted
Building Code. The City Planner may
prorate the requirements herein,
based upon the nature and extent of
alterations and additions. For projects
as indicated above, no certificate of
occupancy or building permit shall be
issued unless such development pro-
ject is found to be in conformance
with this Division Part.
EXPANSION OF EXISTING USES
For existing uses which will be ex-
panding, the following percent of total
points and total landscaped area shall
be applied to the project dependent
upon the total size of all additions
since the adoption of this ordinance
Section (September 13,1993):
PART XXI
HIGHWAY 20 CORRIDOR OVERLAY DISLRICT 2A -43B GENERAL REGULATIONS
The lesser of:
10% - 20% addition
or 100 square feet
21% - 40% addition
or 2000 square feet
41% - 50% addition
or 2500 square feet
51 % addition or
2501 square feet
Shall require:
25% of Ordinance
requirements
50% of Ordinance
requirements
75% of Ordinance
requirements
100%of Ordinance
requirements
E. Alternative Compliance
The City Planner or a designated repre-
sentative shall be solely responsible for ad-
ministering this Division Part. h1 a case
where a plan does not comply with the provi-
sions of this Divisi n Part the City Planner or
a designated representative may approve the
plan if the following findings are made:
1. The proposed improvements will ful-
fill an individual and/ or community
need and will not adversely affect the
goals of the Land Uce Policy Compre-
hensive Plan; and
2. The proposed improvements, because
of conditions that have been applied
to it, will not be detrimental to the
health, safety and general welfare of
persons residing or working in the
area and will not adversely affect oth-
er property in the vicinity; and
3. The proposed improvements will
meet the purpose and intent of this
Part.
4. The proposed improvements will
meet all requirements of the underly-
ing'Zoning District. If theyroposed
improvements do not meet all re-
quirements' of the underlying` Zoning
District, approval of a Variance by the
Board of Adustment is also re. uired.
The Alternative Compliance provision
may be applied to large commercial and in-
dustrial projects or projects on difficult sites
that are unable to meet the requirements as
110
stated in this PaTt Section. In all cases, pro-
jects so approved must satisfy the findings
described above.
F. Landscape Requirements
1. Submittal Procedures
a. Submittals for landscape approval
shall include a separate planting
plan showing type, size, and
number of plantings; a site plan
showing total area and total land-
scaped area and any supplemen-
tary information as required to
demonstrate conformance to the
landscape requirements. Any de-
viations from the approved land-
scape plan must receive approval
from the City Planner or his/her
designated representative prior to
installation.
b. The owner, by applying filing a
landscape' application, grants the
City or its licensed and contracted
agent the right to enter upon the
land for the purposes of installing
the required landscaping, in the
event that such landscaping is not
in place by the date specified in
the agreement, or in the event that
such landscaping is not main-
tained as provided in the agree-
ment. If the City must carry out
the applicant's landscaping re-
sponsibilities, the cost shall be as-
sessed against the property.
2. Measured Compliance
The following point schedule and
conditions apply to required land-
scaping in all zones and shall be used
in determining achieved points for re-
quired planting:
PART XX[
"H -C" HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 2A -43B GENERAL REGULATIONS
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches 25 points per inch
Understory Trees
2 inch caliper or greater 40 points
11/2 inch caliper or greater 30 points
1 inch caliper or greater 20 points
Shrubs
5 gallon or greater 10 points
2 gallon or greater 5 points
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
3. Minimum Requirements
nated Zones
100 points
90 points
80 points
40 points
30 points
20 points
for Desig-
a. "R" Zones - The minimum re-
quired landscape area shall be 65
45 percent of the lot exclusive of
buildings. The yard shall be
planted with a combination of
trees and shrubs to achieve a min-
imum of.05 points per square foot
of the landscaped area.
b. "C" and "M" Zones - The mini-
mum required landscape area
shall be 25 percent of the total lot
area. The landscape area shall be
planted with a combination of
trees and shrubs to achieve a min-
imum of .04 points per square foot
of total lot area.
4. Additional Landscaping Require-
ments
The following additional landscaping
requirements apply to all zones:
111
a. Vehicular Use Areas
1. For vehicular use areas larger
than four (4) spaces, an area
equivalent to a minimum of
five percent (5%) of the total
vehicular use area shall be
landscaped. The required
landscape area shall be located
within the vehicular use area.
2. There shall be .04 points per
square foot of vehicular use
area. The points shall be dis-
tributed throughout the ve-
hicular use area and within
five feet (5') of the perimeter.
The intent is to position the
plantings to enhance the over-
all appearance of the site.
3. There shall be sufficient barri-
ers to protect all landscaped
areas from vehicular damage.
4. Wherever a parking area is lo-
cated adjacent to City right-of-
way, the parking area shall be
separated from the parking
strip by a landscaped area(s) of
a width no less than eight (8)
feet measured perpendicular
to the curb. This area must
contain an effective visual
Screen for a minimum of sigh
ty percent (80%) of that park
mg ar a. This 'screen must be
at 1 ast 30 inches m height, as
rm usured from the parking
ar a or the street curb, which
ever is higher, and may be
achieved through the use of
landscaped berms or plant ma
terials. If plant materials are
used to achieve this screen
there will be one (1) point as
signed per lin ar foot of the
screen. No 'individual plant
PART XXI
"H -C" HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 2A -43B GENERAL REGULATIONS
5. The vehicular use area must
terminate at least five feet from
any exterior building wall.
Exceptions may be made
where it is necessary to cross
the non -vehicular use area to
gain access to the building(s)
and for drive up facilities such
as banks and restaurants and
for other difficult sites as de-
termined by the City Planner
or designee.
6. All trees in the interior of the
vehicular use area shall be two
inch (2") caliper or greater
measured six inches (6") above
grade at the time of planting.
7. Areas less than 40 square feet
in size or having an average
dimension of less than three
feet, shall not be included for
purposes of calculating the re-
quired landscape area in the
vehicular use area.
b. Street Tree Planting A mini-
mum of 1.5 points per linear foot
of street frontage must be
achieved in the City parking strip.
This point requirement shall be
met through the provision of trees,
and planting shall comply with
the Vegetation Ordinance Chapter
35 of the Waterloo Municipal
Code, as amended. If circum-
stances do not allow planting on
the city parking, street tree points
shall be placed in the street yard
setback area.
c. Maintenance The owner shall
be solely responsible for the main-
tenance of any and all landscap-
ing. This maintenance shall in-
clude but not be limited to, re-
moval of litter, pruning, mowing
of lawns, adequate watering for all
growing plant life, and also weed -
11.2
ing in accordance with the Tree
and Shrub Care Guidelines as set
forth by the Waterloo Park Com-
mission. The owner shall also be
responsible for any replacement,
as necessary, in order to preserve
the landscaping plan as approved
by this Section. The responsibility
to maintain the landscaping shall
include the parking strip located
between the private property line
and the public street or highway,
directly adjacent to the owners
property. An installation and
maintenance of landscaping and
right to enter agreement shall be
signed prior to a building permit
being issued,. unlessotherwise
provided by the City Planner.
d. Residential Development For
residential development in other
than residential zones, the residen-
tial requirements of this Division
Section shall apply.
e. Point Distribution A minimum
of 65 percent of all required points
shall be achieved through tree
plantings. A minimum of 10 per-
cent of all required points shall be
achieved through living landscape
other than trees.
f. Reduction of Landscaped Area
A point score in excess of that re-
quired may be used to reduce the
required landscaped area at a rate
of one square foot per excess point
up to a maximum reduction of 25
percent.
Screening For any use that is
abutting Highway 20 but is not
oriented toward Highway 20, a
screen shall be installed along the
lot line closest to abutting the
highway. There will be no indi-
vidual tree points given for this
screen. The screen will receive 3
g•
PART XXI
"H -C" HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 2A -43B GENERAL REGULATIONS
points per linear foot if the trees
are greater than 6 feet in height at
the time of planting. The screen
will receive 1 point per linear foot
if the trees are greater than 4 feet
in height at the time of planting.
In no case shall the trees be less
than 4 feet at the time of planting.
Exceptions to this requirement
may be granted by the City Plan-
ner if it is determined that ade-
quate design consideration has
been given to all aspects of the site
that are visible from Highway 20.
G. Sign Regulations
GENERAL PROHIBITION: No person
shall develop, install, locate, or construct any
sign requiring a permit within the Highway
20 Overlay District in the city of Waterloo ex-
cept as expressly authorized in this Section.
The provisions of this Section shall apply in
addition to arty other Zoning District in
which land may be classified and that such
lands may be used as permitted by such other
districts. In the case of conflict, the most re-
strictive provisions shall govern except as
otherwise expressly provided in this Section.
1. Permitted Signs
a. On -premise Signs
1. In residential, "TJ 1" and "A-1"
districts, only those signs per-
mitted in the underlying dis-
tricts shall be allowed.
2. Commercial "C-1" and
"C-1 / C -Z"
(a) Post Signs, One post sign
per property, not to exceed
40 square feet on each face
and not to exceed 20 feet in
height. If more than two
faces are used the area of
each side shall be reduced
proportionately.
113
(b) Wall Signs_ Wall signs
shall not exceed 10% of the
wall ar a; in no case shall
the wall signs exceed 104E
of the first 15 vertical feet
of wall ar a. The length of
a wall sign shall not exceed
2/3 of the building wall
length two (2) square feet
in area for every linear foot
of wall displaying such
sign. Wall signs shall be
mounted flat against the
building. No more than
two (2) sides of a building
„hall have wall signs. For
the purpose of this Part,
signs painted on awnings
and signs mounted on
mansards shall be consid-
ered as wall signs. Re-
quired 'directional wall
signs may be exempted
from this section upon ap
proval of the City Planner
or his/her designated rep
resentative.
(c) Directional Signs. Each
use shall also be allowed
directional signs as neces-
sary to <facilitate the or-
derly flow
r-derlyflow of traffic with a
maximum area of 6 square
feet each. A logo is permit-
ted on : the directional
signs, but shall not exceed
two (2) square feet. These
signs ° are for directional,
not`advertising purposes
The'square footage of di-
rectional signs shall not be
included in the calculation
of the allowable square
footage or location of other
signage.
(d) Menu Signs. Single sided
menu signs shall be al-
PART XXI
HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 2A -43B GENERAL REGULATIONS
lowed l with no advertise-
ment on the back of the
sign Each sign shall have a
maximum area of sixty (60)
square feet and shall not
includea speaker if facing
an abutting residential dis-
trict or residential use: The
square footage of menu
signs shall not be included
in the calculation of the al-
lowable square footage or
location of other signage.
3. Commercial "C-2" and All
Other Zoning Classifications
(a) Post signs_ One (1) post
sign per property, not to
exceed 40 feet in height
with an area not to exceed
the smaller of the follow-
ing:
(i) Two (2) square feet for
each foot of street fron-
tage.
(ii) 250 square feet.
If more than two (2) faces
are used, the area of each
side shall be reduced pro-
portionately.
For large sites one (1) addi-
tional post sign may be al-
lowed under the following
conditions:
(i) The property has at
least one hundred fifty
feet (150') of continu-
ous street frontage.
(ii) The additional post
sign shall not be lo-
cated closer than one
hundred fifty feet (150')
to any other post sign
on the same property.
114
(iii) The maximum com-
bined area for both
signs shall not exceed
the maximum allowed
area for a single post
sign in that zone.
Strip malls and multiple
businesses with the land
under common ownership
that share common park-
ing, access or structures
shall be treated as a single
property for the purposes
of this Section.
For strip malls and multi-
ple businesses with the
land under diverse owner-
ship that share common
parking, access or struc-
tures, theyre shall be al-
lowed one (1) post sign per
use if the following condi-
tions are met:
(i) The additional post
sign shall not be lo-
cated closer than one
hundred fifty feet (150')
to any other post sign.
(ii) The maximum com-
bined area for all signs
on the site shall not ex-
ceed the maximum al-
lowed area for a single
post sign in that zone.
(iii) A sign plan showing
the square footage of
signage for each parcel
shall be submitted by
the developer and/or
landowners for the en-
tire site prior to a sign
permit being issued.
(b) Wall Signs, Wall signs
shall not exceed 10% of the
wall area; in no case shall
PART XXI
"H -C" HIGHWAY 20 CORRIDOR OVERLAY DISTRICT
2A -43B GENERAL REGULATIONS
the wall signs exceed 10%
of the first 15 vertical feet
of wall area. The length of
a wall sign shall not exceed
2/3 of the building wall
length. Wall signs shall be
mounted flat against the
building. No more than
two (2) sides of a building
For
the purpose of this Part,
signs painted on awnings
and signs mounted on
mansards shall be consid-
ered as wall signs. Re-
quired directional wall
signs may be exempted
from this Section upon ap-
proval of the City Planner
or his/her designated rep-
resentative.
(c) Directional Signs, Each
use shall also be allowed
directional signs as neces-
sary to facilitate the or-
derly flow of traffic with a
maximum area of 6 square
feet each. A logo or busi-
ness name is permitted on
the directional signs, but
shall not exceed two (2)
square feet 10% of the total
cign area. These signs are
for directional, not adver-
tising purposes. The
square footage of direc-
tional signs shall not be in-
cluded in the calculation of
the allowable square foot-
age or location of other
signage.
(d) Menu Signs, For drive up
menu signs, only one (1)
Single sided menu sign
shall be allowed with, no
advertisement on the back
of the sign. This Each sign
115
shall have a maximum area
of sixty (3260) square feet
and shall not include a
speaker if facing an abut-
ting residential district or
residential use. The square
footage of menu signs shall
not be included in the cal-
culation of the allowable
square footage or location
of other signage.
(e) Roof Signs, Roof signs
shall be allowed in place of
the wall sign only when
both of the following con-
ditions are met:
(1) Insufficient area for a
wall sign;
(2) The building has a
pitched roof and the
roof sign does not pro-
ject higher than the
peak of the roof.
b. Off -Premise Signs_ Off -premise
signs shall not be allowed in the
overlay district.
2. Additional Sign Regulations
Sign permits shall expire six (6)
months after the date of issuance.
When a business ceases operation, the
on -premise signage shall be removed
by the owner according to the follow-
ing schedule: Sign or sign cabinet—
within 180 days, supporting struc-
ture—within 1 year.
When off -premise advertising is bare
or in disrepair for a period of 90 days,
it shall be removed. If it is bare or in
disrepair for a period of one (1) year
the structure shall be removed.
3. Prohibited Signs
The following signs are not consid-
ered appropriate within the overlay
district and shall not be permitted:
PART XXI
"H -C' HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 2A-4313 GENERAL REGULATIONS
Portable signs
Off -premise signs located on bus
benches
Signs painted directly on buildings
Off -premise roof signs
H. Reserved
Screening/Fencing
1. Any area used for the outside storage
of certain materials as hereinafter de-
scribed, shall be screened with a land-
scaped screen or an approved fencing
alternative to provide a visual barrier.
It is the intent to use landscaped
screens whenever possible, and a
fencing alternative is to be used only
in cases where there is insufficient
area or other obstacles which preclude
the use of the landscaped screen.
The materials subject to this require-
ment include, but are not limited to
the following:
used tires
scrap metal
building materials and supplies
sign materials
concrete forms
used sign panels
junk or salvage vehicles
inoperable vehicles
partially scrapped vehicles
vehicles waiting for repair for more
than 30 days
salvage or inoperable appliances
all similar materials
Existing properties u,ed for the stor
age of the..c materials , hall comply
with this ..ection within one (1) y ar of
the adoption of this ordinance. Exist
ing businesses may request a one (1)
year time extension from the 13 and of
Adjustment.
2. For properties located adjacent to the
right of way line of Highway 20 any
area used for the outside storage of
items listed above, where a fence al -
116
ternative is used, the fence shall be set
back from property lines adjacent to
public right-of-way a distance equal to
the required o.en space for that prop
crty according to Part "J" below build-
ing setback of the underlying Zoning
Dis trict.
one year, may request a waiver to the
fencing setback requirement fr m the
Beard of Adjustment.
The setback area shall be planted with
a combination of trees and shrubs to
provide the a minimum of 1.5 points
per square' linear foot of sheet front-
age in addition to the 1.5' points per
linear foot of street frontage required
in 2A -43B (F)(4)(b) as required in that
zone according to Part F "Land..cape
Regulations."
3. If the fencing alternative is utilized, all
fencing shall be constructed of new
materials which provide a uniform
appearance and shall be built to meet
or exceed the Uniform currently
adopted Building Code. Acceptable
fencing materials include but are not
limited to:
a. Solid Wood
b. Solid Metal
A 50% reduction in required points on
the exterior of the fence will be
granted for fencing that is constructed
from the following materials:
a. Stone or brick
b. Concrete with approved design
characteristics
c. Chain link with a hedge that sub-
stantially obscures the fence and
which will provide a solid appear-
ance within three (3) years of
planting.
PART XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-44 OFF-STREET LOAL
Setback Requirements
To achieve the goals of this Section,
the setback requirement shall be fifty
feet (50') for all structures adjacent to
abutting Highway 20. This setback
area shall be used for open space only,
except that parking shall be allowed
to begin twenty-five feet (25') from the
property line.
2. The setback requirements shall apply
to new construction. Existing struc-
tures that are not in compliance with
this Section and wish to expand shall
not increase the non -conformity. Any
proposed expansion of an existing
non -conforming structure between the
existing building line and the required
set back line otherwise required in the
underlying Zoning District shall be al-
lowed only upon approval of a Vari-
ance by the Board of Adjustment.
3. For properties which are located in
"C-1" and less restrictive zones and
are affected by these setback require-
ments, the required rear yard setback
shall be reduced by one (1) foot for
each foot the front yard setback is in-
creased beyond that which is required
in the underlying zone; provided the
property does not adjoin a residential
zone. In no case shall the rear yard be
reduced to less than eight ten (8 10)
feet.
IG Use Restrictions
No new junk yards, salvage yards, recy-
cling yards, or construction storage yards
shall be allowed in the "H -C" Highway 20
Corridor Overlay district. Expansion of said
uses shall be allowed only through the ap-
proval of the Board of Adjustment process to
expand a legal non -conforming use.
117
PART JIXII
VEHICULAR USE, PARKING
AND LOADING AREAS,
PUBLIC GARAGES, PARKING
LOTS AND FILLING
STATIONS.
2A-44 OFF-STREET LOADING SPACES
REQUIRED
[Ordinance 4634, 8/11/03]
A. In any district, except the "C-3" Cen-
tral Business District, in connection
with every building or part thereof
hereafter erected, having a gross floor
area of ten thousand (10,000) square
feet or more, which is to be occupied
by manufacturing, storage, ware-
house, goods display, retail store,
wholesale store, market, hotel, hospi-
tal, mortuary, laundry, dry cleaning
or other uses similarly requiring the
receipt or distribution by vehicles of
material or merchandise, there shall
be provided and maintained on the
same lot with such building, at Least
one (1) off-street loading space plus
one (1) additional such loading space
for every twenty thousand (20,000)
square feet or major fraction thereof of
gross floor area so used in excess of
ten thousand (10,000) square feet.
1. Each loading space shall be not Less
than ten (10) feet in width, twenty-
five (25) feet in length.
2. Such space may occupy all or any
part of required yard or court space
or as specifically provided in the
district in which it is located.
2A-45 OFF-STREET PARIQNG AREA
REQUIRED
A. Scope of Regulations
[Ordinance 3050, 10/1/79]
PART XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATTONS.2A- 45 OFF-STREET PARK
[Ordinance 4634, 8/11/03]
In all districts, except the "C-3" Cen-
tral Business District, "S-1" Shopping
Center, "M -2,P" Planned Industrial
District, "C -P" Planned --Commercial
District, "B -P" Business Park District,
and "R -P" Planned Residence District
in connection with every industrial,
commercial, business trade, institu-
tional, recreational, or dwelling use,
and similar uses, space for parking
and storage of vehicles shall be pro-
vided in accordance with the regula-
tions of this Section and subject to any
restrictions contained elsewhere in
this Ordinance for the district in
which such facilities are located.
1. In the "C-3" District, for the pur-
pose of minimizing disruptive
curb -cuts and driveways and to
encourage the consolidation of
parking space in appropriate loca-
tions, accessory off-street parking
is not required.
2. For parking facilities located in "S-
1" Shopping Center, "M -2,P"
Planned Industrial, "C -P" Planned
Commercial,"B-P" Business Park,
and "R -P" Planned Residence Dis-
tricts, the schedules set forth in
this Section shall generally be the
maximum. The actual parking re-
quirements shall be determined
during the review of the site plan
by the Planning, Programming
and Zoning Commission in view
of the flexibility of the guidelines
for these particular districts.
B. General Requirements
[Ordinance 3050, 10/1/79]
[Ordinance 3335, 4/23/84]
[Ordinance 4634, 8/11/03]
1. When the intensity of use of any
building, structure, or premises shall
be increased through the addition of
dwelling units, gross floor area, seat -
11.8
ing capacity, or other unitsof meas-
urement specified herein or if the use
changes to a use that requires addi-
tional parking facilities, parking and
loading facilities as required herein
shall be provided for such increase in
intensity of use and for any existing
deficiency in parking or loading facili-
ties.
For uses in existence as of the date of
non conformitven the effective date of
this Ordinance which do not meet the
requirements of this Ordinance [Orli
* , a similar use may
occupy the building without provid-
ing additional parking.
2. All parking spaces required by this
Ordinance must be provided on the
same lot and zoning classification as
the use in question or, if applicable, in
the adjacent less restrictive zoning
classification, except in the case of
owners of property that are non-
conforming as to parking require-
ments as ' of the date of non-
conformity at the time this Ordinance
A
1 1,
In such a case, the owner may pro-
vide additional parking as long as it is
within the 200 feet of the lot for the
use in question, subject to the ap-
proval of the Board of Adjustment.
3. Off-street parking spaces, including
the adjacent area used for turning
movements necessary to enter or
leave the parking spaces, may be lo-
cated in any yard except the required
front yard setback area stated in the
Bulk Regulations in an Agriculture
District or a Residence District, except
one and two family dwellings and un-
less otherwise specifically restricted
by this Ordinance. New vehicular use
areas shall be allowed to match the
setback, including being built in re-
quired front yard setback areas, if ad-
jacent property on the same side of
PARP XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
the street and within the same block
(or 300' distance in absence of block
development) is located within said
areas.
4. Off-street parking facilities for sepa-
rate uses may be provided collectively
if the total number of spaces so pro-
vided is not less than the sum of the
separate requirements governing loca-
tion of accessory parking spaces in re-
lation to the use served and adhered
to. No parking space or portion the-
reof shall serve as a required space for
more than one use unless the use is
associated with a multi -use building
and approved by the Board of Ad-
justment after recommendation by the
Planning Department.
5. In cases where parking facilities are
permitted on land other than the lot
on which the building or use served is
located, such facilities shall be in the
same possession as the lot occupied
by the building or use to which the
parking facilities are accessory. Such
possession may be either by deed or
long term lease, the term of which is
to be determined by the Board of Ad-
justment, and such deed or lease shall
be filed with the Recorder of Deeds of
Black Hawk County. The deed or
lease shall require such owner or his
or her heirs and assigns to maintain
the required number of parking facili-
ties for the duration of the use served
or of the deed or lease, whichever
shall terminate sooner.
6. No part of any vehicular use area or
parking space shall be closer than five
(5) feet to any established street right-
of-way, alley (except when the alley
abutting the parking is paved as ap-
proved by the City Engineer), or lot
line, or zoning district boundary line.
This shall allow for a reasonably de-
signed entryway for the access from
the property line, but shall not allow
119
for a lengthy access drive closer than
the required setback. In case two (2) or
more permitted parking areas of dif-
ferent ownership or use abut, the five
(5) foot setback shall not be required
along those portions that abut if cross -
traffic access between the parking ar-
eas provided. This requirement
does not apply to one and two family
dwelling units.
7. `'Off street parking areas shall be pro
z ning classification as the principal
permitted -Ilse or, if applicable, in the
trict.
7. It is desirable that all parking areas be
aesthetically improved to reduce ob-
trusive characteristics such as those
inherent to their uses. Whenever
practical, such parking areas shall be
effectively screened from general pub-
lic view by incorporating the natural
landscaping and topography with in-
troduction of additional planting and
grading to accomplish this desire.
All parking areas for more than four
(4) spaces shall be aesthetically im-
proved in accordance with the Land-
scaping Regulations of Section 2A-
19A include landscape ar as, equal to
not less than five (5) percent of the to
tal paved ar a The required land
Gcape area shall be located:
1. within the vehicular use area;
2. within five (5) feet of the perimeter
3, added to a street yard building
mea;
4. in the street yard setback area /Or-
dinance 3907, 12/21/92]
8. Where a parking facility does not abut
on a public street, there shall be pro-
vided an access drive not less than ten
(10) feet in width in the case of a dwel-
ling and not less than twenty (20) feet
PART XX1I
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A45 OFF-STREET PARK
in width in all cases leading to the
loading or unloading spaces and
parking or storage area required he-
reunder. Except where provided in
connection with the use permitted in a
residential district, such easement of
access or access drive shall not be lo-
cated in any residential district.
9. Every parking lot shall be so arranged
and marked as to provide for the or-
derly and safe loading or unloading
and parking and storage of self-
propelled vehicles. All off-street park-
ing facilities fronting on a residential
public street shall be so designed so as
to permit entrance and exit by for-
ward movement of the vehicle. The
backing or backward movement of
vehicles from an off-street parking fa-
cility onto a public street shall be
strictly prohibited, except for one and
two family dwellings. The minimum
driveway width between two rows of
parking stalls shall be fifteen (15) feet
for 45 de egr e angled parking nine-
teen (19) feet for 60 degree angled
parking or for 45 degree and 60 de-
gree herring < bone pattern parking,
and twenty-four (24) feet for 90 de-
gree parking. The minimum drive-
way width when other than, between
two rows of parking stalls shall be fif-
teen (15) feet for one-way access and
twenty (20) feet for two-way access.
10. The City Plannixaser and Program
ming Commission Director or his rep-
resentative shall be responsible for re-
viewing and approving the layout of
all parking facilities in order to meet
the stipulations of these regulations.
In addition, in case any building,
structure, or use width is not specifi-
cally mentioned herein, the provisions
for a use which is mentioned and to
which said use is similar shall apply.
11. Screening and Landscaping: All open
parking areas containing more than
120
four (4) parking spaces shall be effec-
tively screened as defined herein on
each side adjoining property situated
in a Residence District or any institu-
tionalpremises, except when the ad-
joining property is used for profes-
sional office or multi -family, by a wall
or densely planted compact hedge not
le c than six (6) feet or more than
eight (8) feet in height., except How
ever, the Board of Adjustment may
waive this requirement if the closest
point of such parking area is at least
one hundred (100) feet from the near-
est residential or institutional prop-
erty line or across a street. For such
parking areas separated from prop-
erty situated in a Residence District or
any institutional premises by an alley,
the screen i shall be > required` except
along approved points of access, pro-
vided that the points of access are not
more than twenty-four (24) feet wide
and not less than thirty-six- (36) feet
apart - Points of access more than
twenty-four (24) ; feet wide or closer
thanthirty-six (36) feet apart` shall be
allowed if the screen is installed on
the opposite side of the alley with
agreement of the property owner(s).
12. Lighting: Any lighting used to illu-
minate any off-street parking area or
any area(s) used for non-residential
purposes shall be so arranged as to re-
flect the light away from adjoining
residential premises. (Ordinance
3442,6/16/861
13. Parking Space: The minimum size of
a conventional ninety (90) -degree
parking stall shall be nine (9) feet by
eighteen (18) feet, or one hundred and
sixty two (162) square feet, excluding
the area necessary for access and ma-
neuvering. When calculating the
number of spaces required under this
Ordinance, a fractional space shall re-
quire an additional space.
PART XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
14. Site Plan: Any application for a build-
ing permit or for an occupancy certifi-
cate where no building permit is re-
quired, shall include a site plan,
drawn to scale, and fully dimensioned
showing any off-street parking or
loading facilities, points of access to be
provided, and an adequate number of
handicap parking spaces.
15. Floor Area: In calculating the floor
area as it applies to these regulations
all multiple stories including base-
ments used as a part of the use in
question, or all leasable area designed
for tenant occupancy, shall be added
together to get a total floor area. Ar-
eas used only for mechanical, ware-
house, storage, or other similar uses
may be excluded. Also areas to be
used for seasonal display or garden
areas may be excluded. The property
owner must provide documentation
of the use of all areas to be excluded
from the floor area calculation. A
change in use to a non -excluded use
will require the area to be included in
the floor area calculation for determi-
nation on the number of parking
spaces required.
16. Parking Lot Expansion Surfacing:
Any expansion of an existing parking
lot must be properly graded, drained
and hard surfaced as per Section C of
Section 2A-45, Off -Street Parking Area
Required. This includes expansions of
existing parking lots that are not hard
surfaced. This does not mean that the
existing gravel lot or lots must be
properly drained or hard -surfaced,
just the parking expansion area.
17. Existing Parking Lot, New Surfacing:
Any existing parking lot that is being
surfaced for the first time or recon-
structed must be properly graded,
drained and hard surfaced as per Sub-
section C of Section 2A-45, Off -Street
121
Parking Area Required. (Ordinance
3947, 6/7/93]
C. Design and Maintenance
[Ordinance 3947, 6/7/93]
[Ordinance 4634, 8/11/03]
1. Plan: Except for single and two fam-
ily residential uses, the construction
plans for the design of parking lots
shall be subject to the approval of the
City Engineer. The design shall show:
the use the parking lot is serving, set
back from all property lines, stall and
aisle layout with dimensions, handi-
capped stalls, pedestrian movement
considerations, driveway locations
with dimensions, existing ground ele-
vations, proposed ground elevations,
storm sewer system and storm water
detention plan(s) with calculations,
surfacing material and thickness. The
design plan must also comply with
other provisions of this Section and
the landscaping requirements. [Ordi-
nance 3947, 6/7/93]
2. Surfacing and access: All off-street
vehicular use and parking areas, ex-
cept for tingle family and two family
residential uses those uses listed in
Subsection 4 below, shall be surfaced
with a minimum of a two four -inch
Hot Mix Asphalt (HMA) on a six-inch
rock base or five inches of Portland
Cement Concrete (PCC), or other
pavement design approved by the
City Engineer as long as it is similar to
HMA or PCC. Rock treated with oil or
emulsion, an oil or emulsion treated
surface, or seal coat shall not be ap-
proved. This shall include any and all
access to the site. [Ordinance 3947,
6/7/93]
Vehicular access from street to right-
of-way line or within an alley shall be
constructed to the requirements of the
City of Waterloo Driveway and Side-
walk Specifications. Furthermore, no
PART XXI1
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
access shall be allowed off the end of a
dead-end street without proper exten-
sion and turn -around or cul de sac
improvements. Existing access off the
end of a dead-end street shall not be
widened, improved or used as an ac-
cess for an increased number of Prin-
cpal Permitted Uses without proper
extension and turn -around or cul de
sac improvements.
For temporary construction access
and/or sites with an approved phased
development plan, all such entrances
shall be approved by the City Engi-
neer and only allowable while actual
construction is in progress. Actual
construction shall be defined as a va-
lid building permit in place and con-
struction progress being made on an
ongoing basis as determined by the
Building Official.
If a permit is not necessary for the
type of work, a timeline must be sub-
mitted by the property owner(s) re-
questing a temporary access - as a
parking lot is not a Principal Permit-
ted Use by itself in many zoning dis-
tricts. If any timeline is to extend be-
yond a single construction season or
one year, whichever is longer, ap-
proval must be granted by the Board
of Adjustment.
In granting such temporary accesses,
the City Engineer shall evaluate each
site to allow the best temporary access
for the community. Such criteria shall
include: traffic, impact upon existing
development and neighborhoods,
sight distances, impact on street con-
ditions, pavement thickness and de-
sign, and any other criteria deemed
necessary to properly evaluate such
an access decision.
Any temporary access for construc-
tion sites and/or phased plans as of
the date of non-conformityat the
122
nee shall be
continued as long as actual construc-
tion is in progress, as defined above.
Any stop in actual construction or in
between phases of development shall
be cause for the access to be removed
and reapplied for from the City Engi-
neer. The use of more than one tem-
porary access shall be at the discretion
of the City Engineer, based on the cri-
teria stated in this paragraph above.
Furthermore, the extension of any ex-
isting temporary access beyond a sin-
gle construction season or one year,
whichever is Longer, shall require ap-
proval by the Board of Adjustment.
All temporary accesses shall be con-
structed and maintained to be dust -
free.
e
3. Drainage and detention: All vehicu-
lar use and off-street parking areas
shall be graded and drained to dis-
pose of surface water accumulation in
a mariner approved by the City Engi-
neer and in accordance with the City's
Stormwater Detention Policy Ordi-
nances. At a minimum, this shall limit
runoff from parking areas to adjacent
property to the same rate of runoff
experienced prior to the development
of the parking area. [Ordinance 3947,
6/7/93]
All detention areas located within the
area between the building and street
right-of-way line shall be designed to
allow for maintenance in a mow -able,
green space, or decorative retaining
block type design. The use of riprap
or similar materials shall be minimal
in this area, used sparingly as neces-
sary for the functioning of the drain-
age and detention plan.
4. Exceptions to hard surfacing: Off-
street parking areas and vehicular use
areas for the following uses shall not
PART XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
be required to be hard surfaced as
provided in Subsection 2 above:
a. Single family and two family resi-
dences
b. Any ,Princisal Permitted Use in an
"A-1 Agricultural District or for
an agricultural use in other than
the "A-1" District
c Temporary accesses in compliance
with Subsection 2 above
d. Access to a wireless communica-
tions tower
D. Parking Space(s) Required
[Ordinance 3323, 2/6/84]
1. Auction Establishments One (1)
parking space for each one hundred
(100) square feet of gross floor area
indoors and one (1) parking space for
each one thousand (1,000) square feet
of display area outdoors.
2. Animal Hospital, Veterinary Clinic
or Kennel One (1) parking space for
each two hundred fifty (250) square
feet of gross floor area, excluding an-
imal exercise areas.
3. Automobile, mobile homes, motor-
cycle and other vehicle sales and ser-
vice garages One (1) parking space
for each five hundred (500) square feet
of floor area.
4. Banks, Businesses and Professional
Offices - Except Doctors' Offices
a. For Offices Under 50,000 Square
Feet One (1) parking space for
each two three hundred (200 300)
square feet of floor area.
b. For Offices Over 50,000 Square
Feet of Gross Floor Area One (1)
parking space for every four hun-
dred (400) square feet of gross
floor area or one (1) parking space
for every two (2) employees on the
123
maximum work shift; whichever is
greater.
5. Barber and Beauty Shops Two (2)
spaces for each operator.
6. Bowling Alleys Five (5) spaces for
each alley and one parking space for
each four (4) spectator seats.
7. Car Wash Two (2) stacking spaces for
each washing bay, one (1) stacking
space for each vacuuming unit, plus
one (1) space for every two (2) em-
ployees.
8. Churches/Religious Facility One (1)
parking space for each four (4)r, ats
persons of maximum c ating capacity
occupancy of the sanctuary, audito-
rium or main hall, as provided by the
currently adopted Building Code.
9. Community Center, Museum or Art
Gallery One (1) space for every two
hundred fifty (250) square feet of floor
area devoted to patron use, or one (1)
space for every five`(5) persons of
maximum occupancy of patron use
area as provided by the currently
adopted Building Code, whichever is
greater.
10. Contractor Business, including Car-
penter and Cabinet Shop, Plumbing
and Heating Shop, Roofing Shop,
Sheet Metal Shop, Sign Painting
Shop, and similar uses One (1) park-
ing space for each two hundred fifty
(250) square feet of office floor area
and one (1) space for each two (2) per-
sons employed on the maximum shift.
11. Correction Facility One (1) space for
each two (2) employees on the maxi-
mum shift plus one (1) space for each
twenty five (25) inmates.
12. Dance halls and Assembly Halls
One (1) parking space for each one
hundred (100) square feet of floor area
devoted to patron use or one (1) park-
ing space for each three four (3 4) per-
PART )(XII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
sons of maximum occupancy of pa-
tron use area as allowed by the uni
foe currently adopted Building
Code, whichever is greater.
13. Day Care Center One (1) space for
each two (2) employees on the maxi-
mumshift, plus one (1) space for each
fifteen (15) attendees.
14. Medical Doctor's Offices or Dental
Clinics One (1.) parking space for
each one two hundred fifty (1-50 200)
square feet of floor area.
15. Dwellings, Residential Two (2) park-
ing spaces for each dwelling unit, a
maximum of fifty (50) percent of the
parking spaces required may be rep-
resented by garage spaces.
a. Multi -family Elderly Housing
Projects One parking space for
every two (2) units plus five (5)
visitor parking stalls for every for-
ty (40) units or part thereof.
b. Dormitories One (1) parking
space for each four (4) students
that can live in the dormitory.
c. Group Home Two (2) spaces per
dwelling unit, plus one (1) space
for every resident supervisor. [Or-
dinance 3775, 3/18/91]
d. Halfway House One (1) space for
every two (2) beds. [Ordinance
3775, 3/18/91]
e. Boarding House and Rooming
House Two (2) parking' spaces
per dwelling plus one (1) space for
every room used for boarding
purposes.
16. Funeral Homes and Mortuaries Fif-
teen (15) parking spaces or one (1)
parking space for each four (4) s ats in
persons of maximum occupancy of
the principal auditorium(s), which-
ever is greater.
124
17. Furniture, and Appliance or Home
Improvement Store One (1) parking
space for each five hundred (500)
square feet of floor area.
18. Health/Sport Clubs One (1) space for
every one hundred (100) square feet
of exercise floor area plus two (2)
spaces per court.
19. Hospital, Sanitariums and Rest
Homes One (1) parking space for
each four (4) patient beds and one (1)
parking space for each two (2) em-
ployees on the maximum working
shift.
20. Hotels, and Motels, and Bed and
Breakfast One (1) parking space for
each room offered for tourist accom-
modations and one (1) parking space
maximum shift. Any restaurant, bar
or assembly uses shall be calculated
separately.
21. Industrial and Manufacturing Plants
One (1) parking space for each two
(2) employees on the maximum work-
ing shift.
22. Launderette or Laundries One (1)
space for every two hundred (200)
square feet of gross floor area.
23. Pool and Billiard Halls, Taverns,
Bars and Night Clubs
a. One (1) parking space for each fif-
ty (50) square feet of floor area de-
voted to patron use within the es-
tablishment, or one (1) parking
space for every three (3) persons
of maximum occupancy, as al-
lowed by the Uniform currently
adopted Building Code, which-
ever is greater. (Ordinance 3442,
6/16/86]
b. One (1) parking space for every
one hundred fifty 0501 square feet
of area devoted to patron use out-
PART XXII
VEI IICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A 15 OFF-STREET PARK
side the establishment [Ordinance
3442, 6/16/86]
24. Restaurants [Ordinance 3102, 9/22/80]
a. Standard Type [Ordinance 3442,
6/16/86] Where customers are
normally provided with an indi
vidual menu and arc ..creed their
food or beverages by a restaurant
employee at the same table or
counter at which said items are
consumed.
(1) One (1) parking space for each
one hundred (100) square feet
of floor area devoted to patron
use within the establishment,
with a minimum of at least ten
(10) spaces.
(2) One (1) parking space for
every two hundred (200)
square feet of area devoted to
patron use outside the estab-
lishment.
b. Fast Food Type Where customers
are normally served their food or
beverages in disposable container,
for consumption on the premise,
or within a motor vehicle.
(1) With a drive -up window—one
(1) parking space for every elle
and seventy five hundredths
two and one half (1.75 2.5)
seats with a minimum of at
least ten (10) spaces.
(2) Without a drive -up window —
one (1) parking space for every
one and one half two (13 10)
seats with a minimum of at
least ten (10) spaces.
c. Fast Casual Type
(1) With a drive -up -window -
one (1) parking space for every
three (3.0) seats with a mini-
mum of at least ten (10) spaces.
125
(2) Without a drive -up win-
dow - one (1) parking space
for every two and one half
(2.5) seats with a minimum of
at least ten (10) spaces.
d. Drive Up Only Where there is
only a drive up and/or walls up
window and no seating provided
either within or outside the estab-
lishment, there shall be a mini-
mum of five (5) spaces.
25. Retail Stores, Supermarkets, Drug
and Sundries Stores, Convenience
Stores and Gas Stations, and De-
partment stores, etc. [Ordinance 3102,
9/22/80]
a. For stores over two thousand
(9,000) square feet, five (5) parking
spaces for each and every one
thousand (1,000) ,.,quare feet of
floor area. Forstores under five
thousand X000) square feet,' one
(1) parking space for every two
hundred (200) square feet of floor
area with a minimum' of at least
ten (10) spaces.
b. For stores under two thousand
(2,000) .,quare feet, one (1) parking
space for each two hundred fifty
{250) square feet of floor ar a and
one (1) space for each two (2) per
cons regularly employed on the
premises; provided, however,
there shall not be less than five (5)
parking spaces. For stores be-
tween five thousand (5,000) and
fifty thousand (50,000) square feet;
one (1) parking space for every
two hundred fifty (250) square feet
of floor area.
c. For stores over fifty thousand
(50,000) square feet, one (1) park-
ing space for every three hundred
(300) square feet of floor area.
26. Schools and other places of Educa-
tional Instruction
PART XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
a. Elementary, junior high and oth-
er places of under driving -age
students One (1) parking space
for each person regularly em-
ployed on the premises. In addi-
tion, one (1) parking space for
each classroom.
b. High Schools One (1) parking
space for each a- person
regularly employed on the prem-
ises. In addition one (1) parking
space for each six (6) students at
maximum occupancy.
c. Colleges, trade schools and other
places of young adult learning
One (1) parking space for every
person regularly employed on the
premises. In addition, one (1)
parking space for each two (2)
students at maximum occupancy.
d. Parking spaces required by a, b,
and c above shall be included as
part of the requirements for sports
arenas, auditoriums, etc.
27. Shelter or Mission One (1) space for
each two (2) employees on the maxi-
mum shift, plus one (1)' space for each
five (5) occupants.
28. Sports Arenas, Theaters, Auditori-
ums, Racetracks and other similar
places of public assembly One (1)
parking space for each four (4) per-
sons of maximum standing and seat-
ing capacity.
29. Stables, Riding Academies and
Clubs, and Riding Arenas One (1)
space for each five (5) stalls and one
(1) space for each four (4) persons of
maximum seating capacity of perma-
nent seating associated with an arena.
30. Warehouses One (1) space for each
two (2) persons regularly employed
on the premises.
31. Wholesale Establishments One (1)
space for each two (2) persons regu-
larly employed on the premises and
one (1) space for each two thousand
(2,000) square feet of floor area.
32. Any Commercial Use not Otherwise
Specified One (1) space for each
three hundred`' (300) square feet of
floor area.
33. Public Facilities not specifically men-
tioned The number of parking spaces
shall be determined by the City Coun-
cil after recommendation of the Plan
and Program Commission.
GUIDELINES FOR OFF-STREET
PARKING
Not a part of Zoning Ordinance 2479
90' PERIMETER and ISLAND PARKING
r
4,1
c
--•
AAA
sloe.,, •rig
c
•
A.
fThs
I
e'1
Not to Scale
90° PERIMETER AND ISLAND PARKING
PARKING SPACE
REGULAR
HANDICAP
Stall Width
A
9'
13'
Stall Length
B
18'
18'
Driveway
Width
C
24'
24'
126
PART XXII
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.2A-45 OFF-STREET PARK
50' PERIMETER aid ISLAND PARKING
rial%,
MOM
IILI SSWeie%
lam
Not to Scale
tMlttetT int
60° PERIMETER AND ISLAND PARIQNG
PARKING SPACE
REGULAR
HANDICAP
Stall Width
A
9'
13'
Stall Length
B
18'
18'
Curb
Length/Car
C
10.5'
14'
Stall Depth
D
19'
19'
Driveway
Width
E
19'
19'
45' PERIMETER and ISLAND PARKING
ging
E"
Datre
11aal�!►a ss&1
IS
Not to Scale
teettI T UNt
45° PERIMETER AND ISLAND PARKING
PARKING SPACE
REGULAR
HANDICAP
Stall Width
A
9'
13'
Stall Length
B
18'
18'
Curb
Length/ Car
C
13'
17'
Stall Depth
D
17.5'
17.5'
Driveway
Width
E
15'
15'
Island
Width
F
32'
45•13 GO' HERRINGBONE PATTERN PARKING
Iliwasimisper
■��nsk#
*n 'I �E 4
ista
ustssis~wi
Not to Scale'
MO. MT tINt
Curb cut permission and driveway de-
sign subject to City Engineer's Department.
Parking Standards are Guidelines and do not
represent all possible Layouts.
450 & 60° HERRING BONE PAT'T'ERN PARKING
PARKING SPACE
REGULAR
HANDICAP
Stall Width
A
9'
13'
Stall Length
B
18'
18'
Curb 45°
Length/ 600
Car
C
13'
10.5'
17'
14'
Stall 45°
Depth 60°
D
17.5'
19'
17.5'
19'
Driveway
Width
E
19'
19'
Island Width
F
32'
127
HANDICAPPED PARIQNG
REQUIREMENTS
Not a part of Zoning Ordinance No. 2479
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-46 FILLING STATIONS, PUBLIC GARAGES AND PARKING LOTS
Accessible Parking Spaces
(Required Minimum)
Total Parking Accessible
Spaces in Lot Spaces
1 to 25
.26' to 50
51 to 75
76 to 100
101 to 150
151 to 200
200 to 300
301 to 400
401 to 500
501 to 1,000
1001and over
1
2
3
4
5
6
7
8
9
2'
20"
"Percent of total,
"'Plus one space for each 100
over 1.000.
SIGN 1' MIN.
a'
8' . 5' 8'
8'
8
Muirple Spaces Required
5••••.,Partimr,Stpftmbn PHI
CURB
Two Spaces Required
2A-46 FILLING STATIONS, PUBLIC
GARAGES AND PARKING LOTS
A. No gasoline filling station or a com-
mercial customer or employee park-
ing lot for twenty-five (25) or more
motor vehicles or a parking garage or
automobile repair shop, shall have an
entrance or exit for vehicles within
two hundred (200) feet along the same
side of a street of any school, public
playground, church, hospital, public
library, or institution for dependents
or for children, except where such
property is in another block or on an -
128
other street which the lot in question
does not abut.
B. No gasoline filling station or public
garage shall be permitted where any
oil draining pit or fuel filling appli-
ance is located within twelve (12) feet
of any street line or within twenty-five
(25) feet from any "R" District, except
where such appliance or pit is within
a building.
PART XXIII
OUTDOOR ADVERTISING
SIGNSAND BILLBOARDS
[Ordinance 4724, 9/20/04]
2A-47 OUTDOOR ADVERTISING SIGNS
AND BILLBOARDS.
A. General Intent:
Signs are one of the most prominent
visual elements of a street. If well de-
signed, they add interest and variety to
building facades and attract customers.
On the other hand, signs more than any
other single feature can detract from even
the most attractive storefront if erected
without care. It is the intent of the City of
Waterloo not to unduly restrict outdoor
advertising signs. However, placement
and construction of outdoor advertising
signs should be compatible with sur-
rounding land uses and preserve prop-
erty values of surrounding properties,
should protect existing businesses which
are adequately identified and advertised
from a proliferation of signs which reduce
the effectiveness of individual signs,
should not distract adjoining residences,
and should not distract nor reduce sight
distance for vehicular traffic.
For all of the foregoing reasons, we
deem the following to be our purpose in
enacting this chapter: to ensure that signs
are designed, located, constructed,
erected and maintained so as to preserve
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
the public safety of motorist and pedestri-
ans and to preserve and promote the
natural beauty and character of the City
in a manner that will protect property
values, create a more attractive economic
and business climate, promote and aid
tourism which is declared to be of impor-
tance to the economy of the City, protect
pedestrians and motorists from damage
or injury caused by improperly situated
signs, promote the public safety, welfare,
convenience and enjoyment of travel and
the free flow of traffic within the City of
Waterloo
B. Definitions:
1. Abandoned sign: A sign structure that
has ceased to be used, and the owner
intends no longer to have used, for the
display of sign copy, or as otherwise
defined by state law.
2. Animated sign: A sign employing ac-
tual motion or the illusion of motion.
3. Awning: An architectural projection
or shelter projecting from and sup-
ported by the exterior wall of a build-
ing and composed of a covering of ri-
gid or non_ridgid materials and/or
fabric on a supporting framework that
may be either permanent or retract-
able, including such structures that
are internally illuminated by fluores-
cent or other light sources.
4. Awning sign: A sign displayed on or
attached flat against the surface or
surfaces of an awning.
5. Back -lit Awning: An awning with a
translucent covering material and a
source of illumination contained with-
in its framework.
6. Banner: A flexible substrate on which
copy or graphics may be displayed.
7. Banner sign: A sign utilizing a banner
as its display surface
129
8. Billboards: 'Billboard" as used in this
Ordinance shall include all structures
regardless of the material used in the
construction of the same, that are
erected, maintained, or used for pub-
lic display of posters, painted signs,
wall signs, whether the structure is
placed on the wall or painted on the
wall itself, pictures or other pictorial
reading matter which advertise a
business or attraction which is not car-
ried on or manufactured in or upon
the premises upon which said signs or
billboards are located.
9. Building elevation: the entire side of a
building, from ground level to the
roofline, as viewed perpendicular to
the walls on that side of the building.
10. Canopy: An overhead structure sup-
ported by cantilevers from the build-
ing or extends from the building and
is supported by columns at additional
points.
11. Changeable sign: A sign with the ca-
pability of content change by means of
manual or remote input.
12. Combination sign: A sign that is sup-
ported partly by a pole and partly by
a building structure.
13. Copy: Those letters, numerals, fig-
ures, symbols, logos and graphic ele-
ments comprising the content or mes-
sage of a sign, excluding numerals
identifying a street address only.
14. Development Complex Sign: A free-
standing sign identifying a multiple -
occupancy development, such as a
shopping center or planned industrial
park, which is controlled by a single
owner or landlord.
15. Directional Sign: Arty sign that is de-
signed and erected for the purpose of
providing direction and/ or orienta-
tion for pedestrian or vehicular traffic.
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
16. Double -Faced sign: A sign with two
faces, back to back.
17. Electric Sign: A sign activated or il-
luminated by means of electrical en-
ergy.
18. Electronic Message Sign or Center:
An electrically activated changeable
sign whose variable message capabil-
ity can be electronically programmed.
19. Exterior Sign: Any sign placed out-
side a building.
20. Flashing Sign: See An "Animated
Sign" that is electronically activated'—'.
21. Illuminated Sign: A sign character-
ized by the use of artificial light, either
projecting through its surface(s) (in-
ternally illuminated); or reflecting off
its surface(s) (externally illuminated).
22. Monument Sign: A freestanding sign,
such as a stone or sculpture or other
monument used for advertising with
good design standards and aesthetics
that typically exceed that of a pole
sign. The base of posts(s), if used,
shall be at least 3/4 the width of the
overall sign and be fully enclosed, ex-
cept that post signs less than six (6)
feet in height and forty (40) sq.ft. in
area shall not be required to be en-
closed and shall be considered mo-
nument signs. On corner lots, no mo-
nument sign shall be erected within
the triangular area formed by the in-
tersection of the lot lines and a line
connecting two (2) points each located
twenty ten (210) feet from the intersec-
tion of the lot lines of the corner of the
lot located at the intersection, unless
the monument sign does not exceed
two and one-half (2 1/2) feet above the
grade.
23. Multiple faced Sign: A sign contain-
ing three or more faces.
24. On -Premise Sign: A sign relating in
its subject matter to the premises on
130
which it is located, or to products, ac-
comrnodations, services, or activities
on the premises.
25. Off -Premise Sign: A sign other than
an on -premise sign. Bus benches are
signs, but are regulated by Section 7-
213-3 of the City of Waterloo Code of
Ordinance.
26. Pole or Post Sign: A freestanding
sign principally supported by pole(s)
or post(s) affixed to the ground and
not supported by a building.
27. Political Sign: A temporary sign in-
tended to advance a political state-
ment, cause or candidate for office.
28. Portable Sign: Any sign not perma-
nently attached to the ground or to
the building (see Temporary Sign).
29. Projecting Sign: A sign attached to
the building that projects from the
building (usually perpendicular to the
building).
30. Real Estate Sign: A temporary sign
advertising the sale, lease, or rental of
the property or premises upon which
it is located.
31. Revolving Sign: A sign that revolves
360 degrees about an axis_
32. Roof Line: The top edge of a peaked
roof.
33. Roof Sign: A sign mounted on, and
supported by, the main roof portion of
a building.
34. Sign: Any structure or device de-
signed or intended to convey informa-
tion to the public in written or picto-
rial form for the purpose of bringing
the subject thereof to the attention of
the public. Flags displayed from flag-
poles or staffs will not be considered
to be signs.
35. Temporary Sign: A sign intended to
display either commercial or non-
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
commercial messages of a transitory
or temporary nature. Portable signs
or any sign not permanently embed-
ded in the ground, or not perma-
nently affixed to a building or sign
structure that is permanently embed-
ded in the ground, are considered
temporary signs.
36. Wall Sign: A sign that is in any man-
ner affixed to any exterior wall of a
building or structure and projects not
more than 18 inches from the building
or structure wall.
37. Window Sign: A sign affixed to or
painted on the surface of a window
with its message intended to be visible
to and readable from the public way
or from adjacent property.
C. Regulation of All Signs:
The regulations contained in this
chapter shall apply to and regulate signs
in all Districts except the "H -C" Highway
Corridor Overlay Districts. No sign shall
be Located, erected, or maintained except
in compliance with these regulations. All
signs shall be considered as accessory
uses to a Principal Permitted Use, except
for off -premise advertising signs and bill-
boards. All signs may be erected up to
the property line, unless otherwise speci-
fied in this Ordinance. Such signs shall
obtain a building permit and zoning ap-
proval prior to construction.
1. Exemptions: The regulations con-
tained in this Section shall not apply
to:
a. Traffic control signs or devices;
and;
b. Signs located within buildings, ex-
cluding Home Occupations, or
within public sports complexes or
facilities..
131
c. Official signs of a non-commercial
nature erected by public utility
companies;
d. "For Sale" and "Garage Sale" type
signage less than six (6) square
feet on private property. Said sig-
nage shall be removed when the
sale is completed; and
e. Political signs on private property
in compliance with the Code of
Iowa.
2. Prohibited Signs:
a. Non-exempt signs in street rights-
of-way excluding approved signs
in the "C-2" and "C-3" District,
and subdivision signs as provided
in this Section; and;
b. Signs which resemble traffic con-
trol signs or devices.
3. Off -Premise Advertising Signs and
Billboards:
Off -Premise Advertising is a tradi-
tional and legitimate advertising me-
dium involving the lawful use of pri-
vate property.
Off -Premise Advertising should be
regulated to provide for safe struc-
tures to be properly located so as to
meet uniform standards for construc-
tion and maintenance and to be main-
tained to conform to a neat and pleas-
ant community appearance.
In all districts where permitted (C-2,
C-3, M-1, and M-2„ excluding corridor
overlay districts).-, billboards shall
have a prime message area not to ex-
ceed 300 square feet. Billboards may
exceed 300 square feet; for unique site
characteristics including, but not lim-
ited to, setbacks, surrounding land
uses and structures, spaciousness and
visibility. Such a request over the 300
square foot limit must follow the pro-
cedure by applying for a Special Per-
PA RT XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
mit from the Board of Adjustment. In
no case shall the Board of Adjustment
grant a Special Permit that exceeds
672 sq. ft., and an embellishment, trim
and skirting area not to exceed an ad-
ditional 150 sq. ft. The maximum al-
lowable height as measured from nat-
ural grade at the base of the sign to
the top of the structure is 48 feet with
the minimum height being 10 feet
from natural grade at the base of the
sign to the bottom of the structure.
The structures shall be a monopole
steel design, with the paint and sign
material maintained in a new condi-
tion. All billboard sign structures, in-
cluding the outermost edge of the sign
panel, must be setback from the im-
mediate abutting street right-of-way
line or property line equal to the set-
back of the underlying Zoning Dis-
trict. Billboard structures shall not be
permitted within 1000 feet of another
billboard structure measured in either
direction along both sides of the street
which adjoins the billboard structure,
measured from the base of structure
to the base of structure in a straight
line regardless of grade. Furthermore,
no billboard structure shall be permit-
ted closer than 200 feet from a resi-
dential Zoning District or from the
property boundaries of any property
which has a principal residential use
located thereon, nor closer than 200
feet from the property boundaries of a
public park, church, school cemetery,
hospital, the property boundaries of
any historic district established by
state law or local ordinance, or the
property boundaries of any structure
listed on the National Register of His-
toric Places. In addition, vertical
stacking of separate sign panels on a
billboard structure shall be prohibited.
On corner lots, no billboard shall be
erected within the triangular area
formed by the intersection of the lot
132
lines and a line connecting two (2)
points each located 100 feet from the
intersection of the lot lines of the cor-
ner of the lot located at the intersec-
tion. [Ordinance 3050, 10/1/79] [Ordi-
nance 4521, 10/22/01] [Ordinance 4724,
9/20/04]
4. All Districts:
a. Home Occupations shall be al-
lowed one (1) nameplate display-
ing the name of occupant or occu-
pation not exceeding two (2)
square feet in area 1 foot by 1 foot
in, size, non -illuminated, attached
flat to the main structure or visible
through a window.
b. Directional Signs shall be allowed
as necessary, excluding home oc-
cupations, to facilitate the orderly
flow of traffic with a maximum
area of six (6) square feet each. A
logo or business name is permit-
ted on the directional signs, but
shall not exceed 10% of the total
cign area two (2) square feet.
These signs are for directional, not
advertising purposes. The '-
footage
footage of directional signs shall
not be included in the calculation
of the allowable square footage or
location of other signage.
c. Abandoned Signs - When a busi-
ness ceases operation the on -
premise signage shall be removed
by the owner according to the fol-
lowing schedule:
Sign and/or sign cabinet—within
30 days. Supporting structure —
within 180 days
When off -premise advertising is
bare or in disrepair for a period of
90 days it shall be removed. If it is
bare or in disrepair for a period of
180 days the structure shall be re-
moved.
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
d. Maintenance - All signs together
with all of their supports, braces,
guys, and anchors, shall be kept in
repair and in proper state of pres-
ervation and working order. The
display surfaces of all signs shall
be kept painted or posted at all
times.
The Building official City Planner
or designee may order the re-
moval of any sign that is not main-
tained in accordance with this Sec-
tion after sixty (60) days from re-
ceipt of notice by owner of said
sign.
e. Non -Conforming Signs - If a sign
is enlarged or relocated, it must
comply with the code. If it is re-
paired or changed in any other
way and the costs to do this ex-
ceed 35% of replacing the sign, it
must be replaced and all code re-
quirements must be followed.
Historic signs or signs with his-
torical significance in the "C-3"
District as determined by the Main
Street Waterloo Design Review
Board may be allowed to continue
after review and recommendation
of the Main Street Waterloo De-
sign Review Board to the Board of
Adjustment.
f. Strip development or strip malls
with the land under common
ownership that share common
parking, access, or structures shall
be treated as a single property for
the purposes of this Section. Strip
development or strip malls with
the land under diverse ownership
that share common parking, ac-
cess, or structures shall be allowed
one freestanding sign per use or
unit if the following conditions are
met:
133
g.
(i) The additional freestanding
signs(s) shall not be located
closer than one hundred fifty
(150) feet to any other free-
standing sign within the over-
all development.
(ii) For developments with indi-
vidual uses or units under ten
thousand (10,000) square feet,
the maximum combined area
for all freestanding signs on
the overall site shall not exceed
the maximum allowed area for
a single freestanding sign in
that zone. For developments
with all individual uses or
units over ten thousand
(10,000) square feet, the maxi-
mum combined area for all
freestanding signs on the indi-
vidual use or unit site shall not
exceed the maximum allowed
area for a single freestanding
sign in that zone.
(iii) A sign plan showing the
square footage of signage for
each parcel shall be submitted
by the developer and/or land-
owners for the entire site prior
to a sign permit being issued.
[Ordinance 4774, 06/06/05] [Or-
dinance 4841, 10/16/06]
Menu Signs - For properties in a
"C" or "M" District, single -sided
menu signs shall be allowed with
no advertisement on the back of
the sign. Each sign shall have a
maximum area of sixty (60) square
feet and shall not include a speak-
er if facing an abutting residential
district or residential use unless
the speaker is at least one hundred
.(100) feet from the property line of
an abutting residential 'district or
residential use. The menu signs
shall not be included in the calcu-
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
lation of the allowable square foo-
tage or location of other signage.
h. Bulletin Board - For all districts
except
the "A-1" District bulletin
boards or signs with total area of
signs not exceeding sixty-four (64)
squarefeet in area on private
property pertaining to construc-
tion, lease, hire or sale of building
or premises and sale of land' or
lots, which board or sign shall be
removed within thirty (30) days of
premises being leased, hired, sold
or construction completed.
Subdivision or Development Signs
- ` Monument signs 1 are permitted
not exceeding fifty (50) square feet
each and six (6) feet in height,
identifying a subdivision, neigh-
borhood, or office/industrial park,
on private property adjacent to en-
tryways ` to such ' developments,
subject to the requirements for
monument signs described at 2A-
47 (B)(22).' Said sign may also be
permitted within public street
right-of-way subject to the ap-
proval of an encroachment agree-
ment by the City Council upon the
recommendation of the City Engi-
neer. Appropriate areas within a
public street right-of-way could
include the grass median of a bou-
levard or between the road line
and the right-of-way line, if excess
right-of-way is present and the lo-
cation of the proposed sign; will
not materially impede vision or
conflict with present or future an-
ticipated utilities.
Banner, Portable and Temporary
Signs - The use of exterior banner,
portable and or temporary type
signage shall be allowed on a
temporary basis not to exceed six-
ty (60) cumulative days within one
calendar year. Portable and tem -
134
porary signs itt, the "C-3" District
are prohibited, except banner
signs, which are allowed on a
temporary basis not to exceed six-
ty (60) cumulative days within one
calendar year, and except sand-
wich_ board tyke` sigrns approved
by the Main Street Design Review
Board or other applicable author-
ity. A calendar year shall be de-
fined as being from January 1 -
December 31. Said signage shall
be on private property and shall
advertise a product, service, or
event that can legally occur on the
property.
k How Measured - The area of all
signs shall be calculated by meas-
uring the entire sign cabinet or
box, except that for wall signs with
individually mounted letters, the
area of the letters shall be meas-
ured in calculating the sign area.
5. "A-1" Agricultural District:
a. Bulletin boards and signs not ex-
ceeding sixty-four (64) square feet
each in area pertaining to the
lease, hire, or sale of a building or
premises, or signs not exceeding
sixty-four (64) square feet each in
area appertaining to any material
that is mined, grown or treated
within the district or advertising a
product, service, or event that can
legally occur on the property, pro-
vided such signs shall be located
on private property and shall not
contain: flashing or moving lights
upon or immediately adjacent to
the building or in the area in
which such materials are tr ated,
processed or stored. Total area of
all signage shall not exceed three
hundred (300) square feet.
6. "R -R", "R-1" and "R-2" Residential
Districts:
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
seeding 50 square feet in ar a ap
pertaining to construction, 1 ase,
hire or sale of building or premises
and sale of land or lots, ,which
board or sign shall be removed as
coon as premises arc Leased, hired,
sold or construction completed.'
ba. Signs for any use listed as a Spe-
cial Permit provided that the sign
regulations for the "R-3" and "R-
4" Residential Districts are met.
eb. Day cares are allowed in the dis-
trict but no signs pertaining to day
cares are allowed.
7. "R-3" and "R-4" Residential Districts
a. Signs permitted in the "R-1" and
"R-2" Residential Districts.
b. Wall signs on no more than two
walls or monument signs not ex-
ceeding twelve (12) feet in height
with total area of all signage not to
exceed 1 square foot for each 5' of
sheet frontage with a maximum of
sixty four (64) square feet on any
one side thereof of total monu-
ment signs and not more than two
(2) sides shall be used for advertis-
ingpurposes when accessory and
customarily incidental to a princi-
ple permitted use on the property
excluding one and two-family
residences. Signs in the "R-3" and
"R-4" Residential Districts shall
not be self -illuminated unless con-
structed with an opaque back-
ground and translucent lettering,
and shall not contain moving or
flashing parts. Wall signs shall be
mounted flat against the building.
Monument signs shall not extend
over any street or property line.
8. "C-1" Commercial District
a. Signs *ermined in the "R 3" and
"R. 1" Residential Districts.
135
ba. Any exterior wall sign shall per-
tain only to a use conducted with-
in the building and be integral or
attached thereto. No sign may
project over any street or property
line, except in accordance with the
provisions of the - currently
adopted building code, or extend
more than six (6) feet over any
setback line whether fixed to the
building or any other structure. In
no case shall any wall sign project
more than four (4) feet above the
roofline and the total area of all
wall signs shall not exceed two (2)
square feet in area for every linear
foot of wall displaying such sign.
Where the lot adjoins a residential
use, the exterior sign shall be at-
tached flat against the building
and shall not face the side of the
abutting residential use. However
this does not apply to the side of
the building which is opposite that
side adjoining the residential use.
eb. One freestanding post, pole, or
monument sign, provided, how-
ever, that said freestanding sign
shall not exceed forty-five (45) feet
in height and shall not have a sur-
face area of greater than eighty
(80) square feet on any one side
thereof and not more than two (2)
sides shall be used for advertising
purposes. For post or pole signs,
the bottom of said sign or surface
area thereof shall not be Less than
ten (10) feet above the sidewalk or
above the surface of the ground
upon which it is erected when
within' any triangular area as de-
scribed at 2A-47 (B)(22). Said free-
standing sign shall not extend
over street right-of-way lines nor
otherwise obstruct or impair the
safety of pedestrians or motorists.
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
9. "C-2" Commercial District [Ordinance
4273, 1/12/98]
u. ' The use of exterior banner, port
able and or temporary type sign
.-ige shall be allowed n a tempo-
rary basis not to exceed 60 cumu
lative days within one calendar
y ;ar. A calendar year shall be de
fined as being from January 1
December 31.
ba. One (1) freestanding post, pole, or
monument sign shall be allowed
per property as long as the follow-
ing conditions can be met:
i. Shall not extend over street
right-of-way or property lines
nor otherwise obstruct or im-
pair the safety of pedestrians
or motorists.
ii. For post or pole signs, the bot-
tom of said sign or surface
area thereof shall not be less
than ten (10) feet above the si-
dewalk or above the surface of
the ground upon which it is
erected when within any tri-
angular' area as described at
2A-47 " (B)(22). Maximum
height of any freestanding sign
shall not exceed forty-eight
(48) feet.
iii. Shall not exceed two (2) square
feet for every one (1) linear
foot of street frontage. A`min-
imum- of eighty (80)' square
feet shall be allowed regard-
less of street frontage.
iv. Maximum total square feet of
freestanding signage shall be
three hundred (300) square
feet on any one side. More
than two (2) sides may have
advertising, however total area
of signage on all sides shall not
exceed six hundred (600)
136
square feet. For "C-2" and less
restrictive Districts in which
the contiguous area is more
than ten (10) acres in area and
are is more than four hundred
(400) feet from a "R" District
the maximum total area cquare
feet of freestanding signage
shall be five hundred (500)
square feet, one thousand
(1,000) square feet on all sides.
v. Additional post, pole, or mo-
nument sign(s) may be al-
lowed as long as they are no
closer than one hundred fifty
(150) feet from any other post,
pole, or monument sign on the
same site and the maximum
square footage per site is not
exceeded, and provided no
more than two (2) sides of
building shall have wall signs.
eb. Wall signs shall not exceed 15% of
the wall area; in no case shall the
wall signs exceed 15% of the first
15 vertical feet of the wall area.
The length of the wall sign shall
not exceed 2/3 of the building
wall length. No sign may project
over any street or property line,
except in accordance with the pro-
visions of the building code, or ex-
tend more than six (6) feet over
any setback line whether fixed to
the building or any other struc-
ture.
of building shall have wall signs.
A third ...Me may have wall signs
provided that there is no more
than one (1) freestanding sign on
the property. For the pmpose of
this part Section, signs painted on
awnings and signs mounted on
mansards shall be considered as
wall signs.
dc. Roof signs, provided such sign
shall not project more than sixteen
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
(16) feet above the roofl ne. Roof
signs shall be counted toward the
total square footage allowed for
the wall that the roof sign faces. If
a roof sign faces a wall without a
wall sign it shall be counted as one
of the sides allowed to have wall
signs.
10. "C-3" Commercial Central Business
District [Ordinance 3987, 11/22/93]
a. The use of exterior bamler type
signage shall be allowed on a
temporary basis not to exceed 60
cumulative days within one cal
endar y ar. A calendar y ar shall
be defined as being from January
1 December 31.
ba. Billboards shall not be allowed in
the "C-3" zoning district. Bill-
boards in existence within the
"C-3" zoning district at the time of
enactment of this Section shall be
permitted to remain as permitted
uses in the underlying Zoning Dis-
trict. Existing billboards may be
maintained, repaired, recon-
structed, or replaced in the same
location to the same size of sign
and height of pole as the existing
billboard. In the event an existing
billboard is removed it may be re-
placed within the "C-3" zoning
district by special permit only af-
ter review and recommendation
approval of the Main Street Water-
loo Design Review Board as long
as it does not increase the number
of existing billboards (5) and faces
(9) within said district. In the
event this code should conflict
with the "H -C" Highway Overlay
District, the more restrictive code
shall apply.
eb. Signs painted directly onto a
building are prohibited. Murals
for the purpose of this code are al -
137
lowed after review and approval
of the Main Street Waterloo De-
sign Review Board, although they
are not considered to be signs, but
rather are intended to serve an ar-
tistic function rather than an ad-
vertisingfunction.
dc. Portable and temporary signs (ex-
cept banner signs) are prohibited,
with -no exceptions banner signs as
provided herein, and except -
However, sandwich board type
signs shall be allowed for said
signs which are taken in and out
at the beginning and end of busi-
ness hours, which signs are ap-
proved by the Main Street Design
Review Board or other applicable
authority. Said signs may be
placed in the right-of-way, as long
as applicable ADA requirements
are met and reviewed by the
Building Official and City Engi-
neer.
ed. Projecting signs are permitted as
long as the following conditions
can be met:
i. Shall not project over public
property beyond five (5) feet
or more than one half the dis-
tance to the curb, whichever is
less, and they may not project
into a public alley or public
parking lot. A sign may not
project over the roadway. Pro-
jecting signs must be a mini-
mum of eight (8) feet above the
ground and must be no larger
in size than 15 square fooeet
for each linear foot of the side
of the building to which the
sign is attached not to exceed
fifty 4J501 square feet per face
up to a maximum of one hum
dred (8100) square feet in size
on all sides (see attached Ex-
hibit 'B').
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BFLL13OARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
ii. Corner projecting signs are
those that are visible from two
(2) or more intersecting streets
and shall be allowed as regu-
lated above. The use of corner
projecting signs shall preclude
the use of any other projecting
sign on the two (2) sides that
the coiner projecting signs are
visible from (see attached Ex-
hibit 'C').
iii. Internally lighted sign cabinets
with translucent faces may be
allowed by special permit only
after review and recommenda
tion approval of the Main
Street Design Review Board or
other applicable authority.
Projecting signs constructed
with noncombustible brackets
and support material shall be
allowed to utilize wood for the
sign faces as long as there is a
physical separation between
said sign material and the
structure or building upon
which it is attached.
iv. Canopy/awnings - shall be
considered to be part of the
structure and are allowed to be
internally illuminated. Letter-
ing, logos or other visible ad-
vertising shall be considered
signage and the rectangular
area surrounding it shall be
calculated and included in the
percentage of allowable square
footage for wall signage for the
building.
fe. One (1) freestanding post, pole, or
monument sign shall be allowed
per property as long as the follow-
ing conditions can be met:
i. Gated en
tirely on private property Shall
not extend over street right -of -
138
gf.
way or property lines nor oth-
erwise obstruct or impair the
safety of pedestrians or motor-
ists.
ii. Maximum height of sign shall
be eighteen (18) feet as meas-
ured from grade to top of sign.
The bottom of said sign or sur-
face area thereof shall not be
less than ten (10) feet above
the sidewalk' or above the sur-
face of the ground upon which
it is erected when within any
triangular area as described at
2A-47 (B)(22).
iii. Maximum total square feet of
signage shall be eighty (80)
with no side being greater
than forty (40) square feet.
iv. Additional freestanding
sign(s) may be allowed to be
located at least 150 feet from
another pole sign on the same
property under common own-
ership in the same block.
v. The use of backlit plastic faces
with opaque background areas
and translucent lettering is
permitted.
vi. Aluminum faces with routed
individual letters backed up
with Plexiglas are permitted.
Additional decorative ele-
ments (i.e. corner scrolls, ac-
cent lines etc.) are allowed and
may be lighted. The total area
of all non -lighted and lighted
copy and logos may not ex-
ceed 60% of face area.
Roof Signs - Roof signs shall be al-
lowed on multi -story (five or more
stories) buildings as long as they
identify only the building. No
roof sign shall project more than
16 feet above the roofline. Further
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
regulations contained herein are
applicable.
hg. Wall/ Window Signs - External il-
lumination must be provided by a
continuous light source that is in-
stalled to prevent direct light from
shining onto the street or adjacent
properties. Flashing or moving
lights are not permitted. The light
source may be incandescent or
fluorescent but should emit white
light. Spot, track, overhang or
wall lamps are all acceptable light
sources. Avoid high intensity
light sources as they often produce
excessive glare. Internally lighted
sign cabinets with translucent fac-
es may be allowed byspecial per,
mit only after review and rec m
mcndation approval of the Math
Street Waterloo Design Review
Board. Individually formed letters
of aluminum or non -transparent
material with translucent faces af-
fixed to a building shall be al-
lowed. (The code does recognize
that well designed neon signs can
be attractive and compatible with
certain storefronts). Wall signs
shall not exceed 1.5 square feet in
area for each 1 linear foot of the
side of the building to which the
signs are attached frontage. The
length of all wall signs shall not
exceed 2/3 of the building wall
length to which the signs are at-
tached. Further regulations con-
tained herein are applicable. (see
attached Exhibit 'A')
139
15' Maximum Building Height
EXHIBIT `A'
Nab
BUlcirg N1c
WALL SIGNS
Wall signs shall not exceed 1.5 square feet in
area for each 1 linear foot of the side of the
building frontage to which the signs are at-
tached. The length of all wall signs shall not
exceed 2/3 of the building wall length to which
the signs are attached.
EXHIBIT 'B'
Wicith
1/2 Curb Distance or
5' Maximum
Curb Distance
E
E
/
PROJECTING SIGNS
Width x Height must be Less than or equal to the
1.5 square feet for each linealr feet of the side of
the building to which the sign is attached to not
PART XXIII
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
to exceed 450 square feet per face up to a maxi-
mum of 8100 square feet in size.
EXHIBIT 'C'
1'
CO
CORNER PROJECTING SIGNS
Width x Height must be Less than or equal to the
1.5 square feet for each linealr feet of the side of
the building to which the sign is attached to not to
exceed 450 square feet per face up to a maximum
of 8100 square feet in size.
11. "3-1" Shopping District
a. Signs permitted in the "C-2"
Commercial District and as limited
by Part XI "S-1" District Regula-
tions, provided, however, the
Council may consider any addi-
tional restrictions proposed by the
owner. The requirements of the
"C-2" District shall be considered
minimum for the "3-1" District;
however, it is expected that these
minimums will be exceeded in all
but exceptional situations. Due to
the high density of commercial
development in this area, multiple
post, pole, or monument signs on
a property shall be considered a
major change.
12. "M-1" Light Industrial District
a. Signs permitted in "C-2" Com-
mercial Dis trict.
13. "M-2" Heavy Industrial District
140
a. Signs permitted in "C-2" Com-
mercial District.
14. "M -2,P" Planned Industrial District
a. Signs permitted in "C-2" Com-
mercial District, except that post
or pole type signs shall be prohib-
ited.
15. "R -P" Planned Residential Districts
a. In "R -P" Districts, those areas des-
ignated on the approved site plan
as residential or professional office
shall be permitted signs as permit-
ted in the "R-3" and "R-4" Resi-
dential Districts. Those areas des-
ignated on the approved site plan
as commercial shall be permitted
signs as permitted in the "C-1"
Commercial Dis tric ts.
16. "C -P" Planned Commercial District
a. In "C -P" Districts, those areas des-
ignated on the approved site plan
as residential or professional office
shall be permitted signs as permit-
ted in the "R-3" and "R-4" Resi-
dential Districts. Those areas des-
ignated on the approved site plan
as commercial shall be permitted
signs as permitted in the "C4 2"
Commercial Districts.
17. "B -P" Business Park District:
a. Signs permitted in "C-2" Com-
mercial District.
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
PART XXIV
SPECIAL PROVISIONS,
EXCEPTIONS AND
MODIFICATIONS
2A-48 SPECIAL PROVISIONS,
EXCEPTIONS AND
MODIFICATIONS.
The regulations specified in this Ordi-
nance shall be subject to the following excep-
tions and interpretations:
A. Use Of Existing Lots Of Record.
In any district where dwellings are per-
mitted, a single family dwelling may be lo-
cated on any lot or plot of official record ex-
isting as of the adoption ofeffe
this Ordinance 2479, adopted 02/03/69, irre-
spective of its area or widthprovided that all
other yard requirements are met; and in addi-
tion, any two-family dwelling may be located
on any lot or plot of official record existing as
of the date of adoption of said Ordinance in
any district where dwellings are permitted in
an "R 2" Residence' District that has a lot
width of not less than sixty (60) feet and pro-
vided that all other yard requirements are
met, except that is of official record as of the
effective date of this Ordinance; provided,
however:
1. The sum of the side yard widths of
any such lot or plot shall not be less
than ten (10) feet, but in no case less
than five (5) feet, for any one side
yard.
2. The depth of the rear yard of any such
lot need not exceed twenty (20) per-
cent of the depth of the lot, but in no
case less than ten (10) feet.
3. In the case of a lot of record where the
above requirements are greater than
those of the district in which it is lo-
cated the lesser requirement shall ap-
ply.
141
B. Structures Permitted Above Height
Limit.
The building height limitations of this
Ordinance shall be modified as follows:
1. Chimneys, cooling towers, elevator
bulk -heads, fire towers, monuments,
penthouses, stacks, stage towers or
scenery lofts, tanks, water towers, or-
namental towers, and spires, or neces-
sary mechanical appurtenances may
be erected to a height in accordance
with existing or hereafter adopted or-
dinances of the City of Waterloo. (Or-
dinance 3211, 5/24/82]
2. Public, semi-public or public service
buildings, hospitals, sanitariums, or
schools, when permitted in a district,
may be erected to a height not exceed-
ing sixty (60) feet, and churches and
temples religious facilities, when per-
mitted in a district may be erected to
a height not exceeding seventy-five
(75) feet, if any such the building is set
back from each property line in addi-
tion to the setback required in the dis-
trict in which the building is located at
least one (1) foot for each foot of addi-
tional building height above the
height limit otherwise provided in the
district in which the building is built.
3. Single family dwellings and two fam-
ily dwellings in the dwelling districts
may be increased in height by not
more than ten (10) feet when two (2)
side yards of not less than fifteen (15)
feet each are provided, but they shall
not exceed three (3) stories in height.
4. All radio and television studios, tow-
ers and transmitting facilities [Ordi-
nance 3211, 5/24/82] shall conform to
Section 2A-43 (H)(15) except as pro-
vided below and shall conform to all
applicable Federal, State and local
codes and ordinances.
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
a. Conunercial radio and television
studios and transmitting facilities
and towers shill be a primary use
in all commercial and manufactur
ing zoning permitted in any dis-
tricts, subject to the provisions of
Paragraph 4jc) and 4(d) below.
Commercial radio and television
studios and transmitting facilitieo
and towers shall be permitted in
other zoning clarr•ifications after
obtaining approval of the Board of
Adjustment and complying with
Section 4d below.
b. Amateur radio and citizen radio
service stations which are only ac-
cessory to the established primary
use shall be permitted in all reui
dential and agricultural zones.
Amateur radio stations described
above arc allowable as a primary
aoe m any
factoring districts, subject to the
provisions of paragraph 4(c) and
4(d) below. Such stations must be
duly licensed radio and television
transmitting and receiving stations
of the amateur radio service and
citizens radio service.
ial or
c. Radio and Television Transmitting
and Receiving Antennae and An-
tenna Structures. Radio and tele-
vision transmitting and receiving
antennae and antenna structures
attached to a building shall not ex-
ceed twenty-five (25) feet above
the established roof line. These
structures shall include roof
mounted, chirnney mounted and
ground established structures
bracketed or guyed to primary or
accessory structures that are not
antenna structures. (Ordinance
4040, 9/19/94]
Radio and television transmitting
and receiving antennae and an-
tenna structures not attached to a
142
building shall not exceed sixty (60)
feet in height in any "R-1" or "R-2"
One and Two Family Residence
Districts and eighty (80) feet in
any "R-3" or "R-4" Multiple Fam-
ily Districts. In all other districts
there is no maximum height. The
proposed tower may be approved
by the City Planner or designee
his/her designate after receiving
consent from property owners
within the limits of the tower's
maximum horizontal fall. If at
least one (1) objection is received,
the proposed tower may only be
approved by Special Permit of the
Board of Adjustment after a public
hearing. Amateur radio antennas
shall be allowed to extend may be
approved by the City Planner or
designee when extending a maxi-
mum of ten (10) feet above the
surrounding buildings and foliage
in any district. [Ordinance 4040,
9/19/94] Otherwise, amateur radio
antennas may only be approved
by Special Permit of the Board of
Adjustment after a public hearing.
Antennae and antenna structures
shall meet the yard requirements
of the primary use in the district.
(This does not allow guy wires
and anchors to be located in any
required front yard.)
d. Antennae - Antennae and antenna
structures exceeding the height
specified in Section 4c above shall
be permitted in all "R" Districts,
provided a Variance is granted by
the Board of Adjustment.
The following requirements will
have to be met before considera-
tion to the request will be given:
1. Such antennae and antenna
structures shall meet the yard
requirements of the primary
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL. PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
use in the district. (This does
not allow guy wires and an-
chors to be located in any re-
quired front yard.)
2. The applicant shall submit to
the Board feasibility studies
and valid engineering data.
3. Such antennae or antenna
structures shall conform to all
other applicable Federal, State
and local codes and ordi-
nances.
C. Area Requirements.
In any district where there is neither a
public water supply or a private water supply
serving three (3) or more lots, nor public sani-
tary sewers or a private sanitary sewage
treatment system serving three (3) or more
lots that is accessible, the lot area requirement
shall be:
Lot area twenty thousand one and one-
half (20,000 1_5) square feet acres, how-
ever, that where connected to a public
water supply or a private water system
serving three (3) or more lots, this re-
quirement shall be ten thirty thousand
(430,000) square feet. All other lot yard
requirements of the district in which such
lots exist shall apply.
D. Double Frontage Lots.
Buildings on through lots and extending
through from street to street shall provide the
required front yard on both streets. Triple
frontage lots shall provide the required front
yard on both narrow dimension street front-
age streets. This shall not prohibit the erec-
tion of a fence taller than four (4) feet or ac-
cessory structures in a rear yard unless a
dwelling on an abutting lot is addressed or
faces the opposite street. [Ordinance 4841,
10/16/06]
143
E. Rear And Side Yards—How Com-
puted.
In computing the depth of a rear yard or
the width of a side yard where the rear or
side yard opens on alley, one-half (1/2) of the
alley width may be included as a portion of
the rear or side yard as the case may be.
F. Other Exceptions to Yard Require-
ments.
Every part of a required yard shall be
open to the sky unobstructed with any build-
ing or structure, except for permitted acces-
sory structures in a rear or side yard, and ex-
cept for the ordinary projections of skylights,
sills, belt courses, cornices, building over-
hangs at least four (4) feet above ground and
ornamental features any of which projecting
not to exceed twenty-four (24) inches from
accessory structures and not to exceed thirty-
six (36) inches from principal structures, and
except the usual projection of steps or stoops
with a landing abutting an entrance with said
landing not to exceed five (5) feet by five (5)
feet. Landings not abutting an entrance or
exceeding this five (5) feet by five (5) feet
shall meet the setback requirements for a
deck. Also except ramps for handicap acces-
sibility, provided that such ramps provide as
large of setback as possible while still meeting
the minimum standards of the Americans
with Disabilities Act (ADA) including allow-
ing landings for said ramp not abutting an
entrance or exceeding five (5) feet by five (5)
feet. [Ordinance 4841, 10/16/06]
Residential fences or landscape features
such as sculptures or walls may be erected or
constructed on property lines provided no
such fence in any front yard exceeds four (4)
feet in height and eight (8) feet in height in
the case of side or rear yards.
Overhanging balconies may project over
public property in accordance with the provi-
sions of the building code, but may not pro-
ject more than five (5) feet or one hall the dis-
tance to the curb, which ever is less, and shall
not project into a public alley, a public park-
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
ing lot, or over the roadway. Overhanging
balconies, including support structures, shall
be a minimum of eight (8) feet above the
ground and shall have all support structures
connected to the building and not onto public
property unless approved by the City Council
by encroachment agreement [Ordinance 4841,
10/16/06] In "C-2" and "C 3" Commercial less
restrictive Districts, signs, overhangs, and
marquees attached to a building may extend
over street right-of-way lines provided the
erection of such signs, overhangs, and mar-
quees are constructed in accordance with the
provisions of the building code.
G. Existing Open Unenclosed Porch,
New Deck or Unenclosed Porch
1. An existing tutenclosed porch on the
front of a dwelling built prior to adop-
tion of Ordinance 2479, adopted
02/03/69, may be re -modeled or re-
built to an enclosure when projecting
no farther than the original open
porch. [Ordinance 4656, 11/10/03] [Or-
dinance 4855, 2/19/07]
2. In addition, A new deck or unen-
closed porch addition to the front of
the house a dwelling may be built five
eight (5 8) feet or one fourth (1/4) the
distance ]whichever- is greater) into
the required front or rear yard set-
back. This shall only include the re-
quired setback as stated in the Bulk
Regulations Section of the District in
which located, and shall not include
the average setback required by the
Front Yard Section of Part V General
Regulations. Existing dwellings with
a front or rear yard setback that is less
than the minimum required shall cal-
culate one fourth (1/4) the distance of
the existing setback, however this
shall not prohibit the erection' of an
eight (8) foot deck or unenclosed
porch. This will not be interpreted in
any way to authorize any addition
over a platted building line, easement,
property line or road right-of-way
144
line. This provision shall not allow a
deck or unenclosed porch addition
within a required' side yard setback,
except a required' side yard along a
street frontage on a corner lot, this
would still allow deck additions to
both streetfrontages. Said addition is
defined as a non -enclosed structure
and, for decks in the front yard, with a
non -solid side wall, if any at all, which
cannot be enclosed in the future as an
addition to the home. Non -solid wall
shall mean a wall or fence utilizing a
spindle or board design with open-
ings between boards that are at least
the width of the boards. For porches
in, the front or rear, or decks in the
rear, a' solid wall may be used if it
does not exceed forty-two (42) inches
in height above the floor of the deck
or porch. [Ordinance 4386, 10/18/99]
[Ordinance 4656, 11/10/03]
H. Special Permit Required
A Special Permit for the location of any of
the following buildings or uses in any district
permitted by this Ordinance must be ob-
tained from the Board of Adjustment [Ordi-
nance 3614, 1/9/89] after public hearing
thereon:
1. Any public building or use erected
and used or maintained by any de-
partment of the city, township, coun-
ty, state or federal governmenttom_
cluding parks or recreational trails
and accessory uses and structures cus-
tomarily incidental to a park or recrea-
tional trail.
2. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion.
3. Hospitals, excluding animal hospitals,
and clinics, excluding clinics in the "R-
PART XXIV
SPECIALPROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
4" Multiple Residence District or less
restrictive district. or non profit fia
ternal institutions provided they are
used solely for fraternal purposes, and
institutions of an educational, rcli
gious, philanthropic or eleemosynary
character, provided that the building
shall be net back from all yard lines a
distance f not les, than two (2) feet
for each foot of building height.
4. Group Homes (Unless located in a "C-
1" or less restrictive district). [Ordi-
nance 4554, 6/3/02]
5. Halfway `(Rehabilitationl(r4a1fway)
Houses. [Ordinance 4554, 6/3/02]
6. Community building, or institutional
or community recreation center or
field, ` commercial baseball fields,
swimming pools, skating rinks,golf
course or country clubs, 'minia-
ture/goofy golf and driving ranges,
race tracks or activity areas for auto-
mobiles, motorcycles, mini -bikes,
snowmobiles, ATV's, or similar uses,
or similar public or private open air
recreational uses and facilities, exclud-
ing public or private parks or pedes
trian recreational trails and accessory
uses and structures customarily inci-
dental to a park or pedestrian recrea-
tional trail.
7. Public or private cemetery. (Minimum
thirty (30) acres)
8. Recycling, Junk or Salvage Yards and
Junk Yards as defined in this Ordi-
nance provided that they are within
the following zoning classifications:
"M-1" Light Industrial District, "M-2"
Heavy Industrial District or "M -2,P"
Planned Industrial District and meet
the following minimum requirements:
a. The yard shall be completely sur-
rounded with a fence or wall that
is at 1 ast eight (8) feet in uniform
height and color. The fence shall
145
be of an opaque material and kept
free of any openings such as bro-
ken out areas and torn holes.
Chain Link or heavy wire gates
may be used for see through in-
spection purposes for no more
than forty (40) feet along each side
of the yard having street frontage
and at approved points of access
to a public street or alley. Chain
link or heavy wire fencing that is
free from torn areas or openings
may be placed along sides of the
yard adjoining a flood control le-
vee or other such barrier which
would permanently screen the
yard from public view.
b. No off -premise advertising shall
be on any wall or fence. The name
of the yard and other services of-
fered by the yard, if placed on the
wall or fence, shall occupy no
more than ten (10) percent of the
wall or fence.
c. The posts, rails or other support-
ing elements of the fence shall face
the inside of the yard and not be
visible from outside the yard.
d. Vehicle bodies stacked higher than
the wall or fence shall be no higher
than two (2) car bodies above the
wall or fence when stacked at least
fifteen (15) feet from the wall or
fence. Car bodies stacked no
higher than the fence need not be
15 feet from the fence. All other
stacked salvage material shall not
be stacked higher than the allow-
able building height for the Dis-
trict. The Board of Adjustment
shall have the power to grant an
exception to these stacking provi-
sions so long as said exception is
in accordance with the purpose
and intent of the Zoning Ordi-
nance.
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-I8 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
e. All work performed shall be car-
ried on within the fenced area or
within an enclosed building or
structure approved as a part of the
salvage operation.
f. Contaminating fluids, such as
gasoline, oil and grease, are pro-
hibited from being discharged
onto the ground.
No salvage materials shall be
placed in the Floodway District.
Materials in the Floodway Fringe
District (100 year flood district)
shall be in accordance with the
performance standards of that
District.
g.
h. New yards established after the
adoption of these provisions shall
place the required solid wall or
fence no closer to any street lot
line than the minimum front yard
required in the District in which it
is located. Within this setback
there shall be at least four f4) 2_
inch caliper understory trees with-
in every 100 feet or part thereof
that are maintained in a healthy
condition. This does not pertain
to expansions of existing yards
within the same block and on the
same street as the existing yard.
All areas devoted to customer
and/or employee parking located
outside of the fence or wall area
must be hard surfaced and on pri-
vate property in accordance with
the off-street parking Section of
the Zoning Ordinance. [Ordinance
3104, 10/6/80] [Ordinance 3233,
8/2/82] [Ordinance 3323, 2/6/84]
(Ordinance 3614, 1/9/89] [Ordinance
3864, 6/1/921
9. Waste Disposal Site [Ordinance 3263,
3/7/83]. Any such request shall in-
clude the submittal of a site plan. The
plan and Program Commission may
146
require any specific criteria to protect
the health, safety and welfare of the
citizens of Waterloo and vicinity, in-
cluding, but not limited to the follow-
ing items:
Detailed site plan delineating slope,
access, fencing, provisions for erosion
(wind and water), leaching, landscap-
ing, setbacks and other required pro-
visions.
Performance Bond to secure the reha-
bilitation of the site in accordance
with the approved plan.
Statement as to what types of wastes
will be contained in the site.
Review by the Iowa Deparent of
Natural Resources (Ordinance 3614
1/9/89], advising the City of the poten-
tial hazards and necessary safeguards.
10. Mobile Home Parks, including fac-
tory -built home parks and subdivi-
sions if the structures are not classi-
fied as real estate.
11. Rubble Disposal Site, of Rubble Fill
Site, or clean fill site, except clean fill
approved as part of a development
plan. A duplicate of the application
submitted to the Black Hawk County
Health Department shall be submitted
to the Planning, Programming and
Zoning Commission. The application
shall contain the signature of land-
owner, legal description of property, a
plot plan showing area to be filled
with existing and proposed final ele-
vations. The application shall also in-
clude an estimate of the number of
cubic yards necessary and length of
time estimated to complete filling.
[Ordinance 3590, 10/17/88]
12. Adult Businesses/Adult Uses [Ordi-
nance 3642, 5/1/89] in accordance with
Sections 2A-3 (5A), 2A-27 (A)(2), and
2A-48 (N).
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
13. Gaming facilities, unless located with-
in a Planned District where listed as a
Permitted Use. [Ordinance 4735,
10/18/04]
14. One or two-family residential struc-
tures when more than one (1) such
structure is erected on a single lot in
the "R-1" or "R-2" District. [Ordinance
4855, 2/19/07] [Ordinance 4885,
10/15/07]
15. Alcohol Sales Uses, other than limited
alcohol sales uses, when not located
along a principal arterial or interstate
according to the Urban Federal Func-
tional Classification System prepared
by IDOT, or when located Less than
250 feet measured from the nearest
part of the building structure or out-
door service area of an alcohol sales
use to the closest point of the property
line of any protected use, when meet-
ing the following minimum require-
ments:
a. Where the business, when oper-
ated in conformance with such
reasonable conditions as may be
imposed by the Board of Adjust-
ment, satisfies the following crite-
ria:
(1) The proposed location, design,
construction and operation of
the particular use adequately
safeguards the health, safety
and general welfare of persons
residing in the adjoining or
surrounding residential area.
(2) The business uses landscaping,
walls or structures to prevent
any noise, vibration or light
generated by the business
from having a significant det-
rimental impact upon the ad-
joining residential or protected
uses.
(3)
The business will not unduly
increase congestion on the
147
streets in the adjoining resi-
dential area.
(4) The operation of the business
will not constitute a nuisance.
b. Any Special Permit so granted by
the Board of Adjustment shall be
subject to the following general
conditions, together with any ad-
ditional special conditions re-
quired by the Board of Adjust-
ment as appropriate:
(1) Any parking area provided for
the use of customers of the
business shall be illuminated
to appropriate standards
found in the City of Waterloo
Municipal Code. Parking lot
lighting shall be directed away
from nearby residential prop-
erties and city streets.
(2) The business shall comply
with the City of Waterloo Mu-
nicipal Code pertaining to
noise control.
(3) Attractive litter and trash re-
ceptacles shall be located at
convenient locations inside
and outside the premises.
(4) The Special Permit is subject to
amendment or revocation if
the operation of the business
becomes a nuisance or exhibits
a pattern of violating the con-
ditions set forth in the Special
Permit.
(5) If the zoning officer deter-
mines at any time that the op-
eration of such a business ex-
hibits a pattern of violating the
conditions set forth in the Spe-
cial Permit, the zoning officer
may apply to the Board of Ad-
justment to reconsider the is-
suance of the special use per-
mit for such business. A copy
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICA'T'IONS.
of such application to recon-
sider and notice of the hearing
before the Board of Adjust-
ment on such application shall
be provided to the owner of
such business at least ten days
in advance and shall also be
provided to all owners of re-
cord of property within two
hundred fifty (250) feet of the
subject property. If the Board
of Adjustment finds that the
operation of such business ex-
hibits a pattern of violating the
conditions set forth in the Spe-
cial Permit, the Board of Ad-
justment shall have the author-
ity to amend or revoke the
special use permit. [Ordinance
4976, 11/23/09]
16. Religious facilities
17. Non-profit institutionsof a philan-
thropic or educational nature, includ-
ing libraries' but excluding philan-
thropic professional offices in the "R-
4" Multiple Residence District or Less
restrictive district. Also private clubs,
fraternities, sororities and lodges.
18. Commercial mining and extraction of
minerals or raw material, including
sand or gravel pits or borrow sites.
19. Mini -storage or storage rental devel-
opment when in a "C-2" District.
20. Towers including wireless communi-
cations and wind generation devices,
except as provided in Sections 2A-48
(B)(4) 2A-48 (0), and 2A-48 (S).
21. Kennels.
22. Public utility' structures and equip-
ment necessary for the operation the-
reofexcept as provided in Section 2A-
48 (Q).
23. Contractor Businesses when including
equipment yards and when located in
a "C-2" or "C-3" District.
148
24. Off -Premise Advertising Signs and
Billboards, when exceeding 300
square feet.
25. Farm animals, livestock and special-
ized animal farms, excluding horses
and in other than an "A-1" District.
Due to the incompatibility of farm an-
imals and livestock with urban devel-
opment, large scale animal operations,
including animal' confinement' opera-
tions, shall be prohibited unless the
Board of Adjustment shall find that a
proposed operation would be consis-
tent and compatible with existing and
future surrounding land uses. Future
land uses shall be reviewed based on
the designation of property on the Fu-
ture Land Use Map, a component of
the City of Waterloo Comprehensive
Plan.
26. Hobby Farms, as herein defined, in
other than an "A-1 or "R -R" -District,
when the applicant can demonstrate
that such a use will not constitute a
nuisance on adjoining property. Oth-
er criteria to determine if a Special
Permit shall be granted shall include,
but not be limited to size of lot in re-
lation to the size and number of pro-
posed animals, size of pert(s) in rela-
tion to the size and number of pro-
posed animals, proximity of sur-
rounding development, in particular
residential development, and the pro-
posed waste disposal plan.' An ap-
proved Hobby Farm shall require an
annual license issued by Planning
staff. The license shall be valid from
July 1 to the following Tune 30. Every
Hobby Farm shall be inspected prior
to issuance of a license. Failure of a
Hobby Farm to comply with the re-
quirements for a Hobby Farm or any
requirements or conditions placed on
the Special Permit approval for a
Hobby Farm shall result in the license
being denied. Any Hobby Farm de-
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
nied a license shall be subject to re-
view by the Board of Adjustment to
determine if the Special Permit shall
be revoked.No Hobby Farm or farm
animals shall be kept in an "R-1" or
less restrictive District if they have not
been approved as required herein, or
if Special Permit approval has been
revoked. Any such property with
farm animals 'existing' at the time of
enactment of this Ordinance shall ''ob-
tain Special Permit approval for 'a
Hobby Farm or remove said farm an-
imals within one year of enactment of
this Ordinance.
27. Alterations and conversions of single
family dwellings or duplexes into two
family dwellings or multiple family
dwellings in accordance with the lot
area frontage and yard requirements
as set forth in this Section.
Before issuance of any Special Permit for
any of the above buildings or uses, the Board
of Adjustment [Ordinance 3614, 1/9/89] shall
refer the proposed application to the Qty
Planning, Programming and Zoning Com-
mission, which shall be given forty-five (45)
days in which to make a report regarding the
effect of such proposed building or use upon
the character of the neighborhood, traffic
conditions, public utility facilities and other
matters pertaining to the general welfare. No
action shall be taken upon any application for
a proposed building or use above referred to
until and unless the report of the Planning,
Programming and Zoning Commission has
been filed; provided, however that if no re-
port is received from the Plarnung, Program
ming and Zoning Commission within forty-
five (45) days, it shall be assumed that ap-
proval of the application has been given by
the said Commission. [Ordinance 3918,
1/11/93] The :provisions of Section 2A-52
(Special Permit Appeals, and Variances) shall
also apply.
Minor changes that do not substantially
alter the character of any Special Permit may
149
be administratively reviewed and approved
by the Plaruling,
Commission staff. If the staff determines that
the magnitude of such a change is insignifi-
cant in nature, staff may approve the change
without a review before the Commission and
public hearing by the Board of Adjustment
the special permit shall be referred to the
Board of Adjustment who may require a pub
lic h aring if deemed necessary. [Ordinance
3918, 1/11/93]
Examples of minor changes include, but
are not limited to the following: the location,
construction, replacement or' change' in type
of signage, minor change in building loca-
bons, or change imlthe locations of access,
driveways, or parking areas, and may be car-
ried out through the administrative review
and approval of the Planning staff.
Minor changes to any structure existing at
the time this ordinance was amended shall
may include be --for additions to an existing
building which do not increase the existing
floor area by more than fifty (50) percent of
the floor area of the build ng proposed to be
added on or new buildings with a floor
area not exceeding ten (10) percent of the
floor area of all existing or approved princi-
pal buildings, but not exceeding two thou
sand (2,000) square feet more than existed at
the time of this amendment. Also the Ioca
tion and construction of any signs or re
placement of existing signs are 'minor
changes. A change from one Special Permit
use to another is not a minor change and shall
require Board of Adjustment approval as
though it were a new request. [Ordinance
3918, 1/11/93] If staff determines that the
magnitude of any such change is significant
in nature or could become significant in na-
ture, the change shall be deemed major and
the change shall require approval as though it
were a new request. In determining if a
change is significant in nature the Planning
staff shall consider, among other things, the
overall design of the proposed change and
it's compatibility to the existing development
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODJFICATIONS2A 48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
and surrounding development, as well as
ianpact on the neighborhood due to changes
in parking, traffic, etc. or changes in visibility
or aesthetics from the public roads or adjoin-
ing properties caused by the proposed
change.
I. Urban Renewal Plans
Where the regulations with respect to lot
area frontage and yard requirements of -this
estab
lished by Official Urban Renewal Plans
adopted prior to the date of adoption of any
zoning ordinance or amendment there toeffec
rive date of this Ordinance, conflict with the
regulations of such ordinance or amendment,
the regulations contained in the Official Ur-
ban Renewal Plan shall apply.
J. Appeal of Minimum Lot Width
Any lot which does not meet the mini-
mum lot width or other bulk requirements of
the zoning district may appeal said lot width
requirements to the Board of Adjustment,
where sufficient hardship will need to be
proven to grant a Variance. [Ordinance 3122,
12/22/80]
K. Subdividing Of Lots
[Ordinance 3122, 12/22/80]
Any one or two family residential area
and/or zoned "R-1 or "R-2" district where
lots have been platted and/or developed
with lots widths either less than or greater
than the requirements of this Ordinance, lots
may, if they have sufficient property to, be
subdivided their property to create buildable
lots of similar size after finding that the lots to
be created are similar to those existing in the
area. The size minimum area and lot width
of the lots would be determined by averaging
all lots widths within a two hundred fifty
(250) foot radius of the lot or lots to be subdi-
vided. The lot or lots to be subdivided cre-
ated must not be more than within one ten
(10) percent less thanthe average lot area and
lot width foot of the average lot width. This
150
provision shall not apply if the lots to be cre-
ated are` more than four (4) tines the mini-
mum lot' area of the district m which the lots
are located. In computing the averages, the
lot or lots to be subdivided and any lot with
other than a one or two family residential use
or in other than a"R-1" or"R-2" district shill
not be included. Buildable vacant lots in a
"R-1" or "R-2" district shall be included but
non -buildable vacant lots shall not be m-
eluded. Divisions for non -developmental or
ownership purposes only and divisions for
zero lot line row dwellings shall not be sub-
.
ect to this provision. All lots including the
original lot or lots so subdivided must meet
all other applicable yard requirements. [Ordi-
nance 3221, 6/14/82]
L. Solar Collector Systems:
[Ordinance 3261, 2/7/83]
The following exceptions to yard re-
quirements and density requirements are al-
lowed for the placement of solar collectors in
all districts and solar collector systems shall
be considered a permitted accessory use in all
districts.
1. Front Yard: In residential districts, no
exceptions shall be allowed into any
required front yard unless the collec-
tor is attached to the dwelling and
does not intersect with the ground
and provided that the projection does
not exceed twenty four (24) inches. In
all other districts the collector may ex-
tend a total of fifty (50) percent into
the required front yard.
2. Rear Yard: In all districts, a collector
may extend ten (10) feet into any min-
imum rear yard, provided that a min-
imum of ten (10) feet rear yard is still
provided in residential districts. In all
other districts the collector may cx
tend a t tal of fifty (50) percent into
the existing rear yard.
3. Side Yard: A solar collector may ex-
tend into either minimum side yard a
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
total of forty (40) percent of the re-
quired yard; however, this is not to
exceed a minimum maximum of four
(4) feet in residential districts. In all
other districts the collectors may ex-
tend a total of fifty (50) percent into
the existing required side yard.
4. Lot Coverage: The actual lot area oc-
cupied by the solar collector is in-
cluded in determining lot coverage.
In existing residential districts, lot
coverage shall not be interpreted as to
prevent the placement of a forty (40)
square foot collector in any required
rear yard, provided that the other
yard requirements are met.
5. Height Requirements: Solar collec-
tors may extend ten (10) feet above
the height requirement of their district
when attached to the principal use on
the lot.
6. Solar Collectors proposed for any
"C -Z", "R -P", "5-1", or "M -2,P" must
submit a plot plan to the Planning and
Program Commi;.,ion staff for admin-
istrative review. The staff will review
the plot for compliance to the regula-
tions set forth. Should the system be
substantial in size, the staff may refer
the request to the
Commission for review.
7. No portion of any solar collector sys-
tem shall extend above, beneath or
upon any easement, regardless of the
above stated exceptions to yard re-
quirements.
M. Placement Of Mobile Home On arn3
[Ordinance 3378, 12/17/84]
Mobile homes shall be placed only in mo-
bile home parks or mobile home sales lot, ex-
cept that one (1) mobile home may be placed
on a farm eighty (80) acres or larger in addi-
tion to an existing permanent dwelling pro-
vided that occupant of said mobile home is
151
active in the conduct of agricultural operation
of said farm.
No commercial, manufacturing, or pro-
fessional services shall be carried on in a mo-
bile home, or trailer, recreational vehicle, or
similar motor vehicle, except for licensed and
approved transient merchants c nstructcd as
a mobile home Under no circumstances shall
a mobile home be used as an accessory struc-
ture. This is not to be construed as prohibit-
ing utilization of mobile home or trailer for
temporary uses on construction sites or as
deemed necessary by a governmental author-
ity during or following a natural disaster.
N. Adult Uses.
[Ordinance 3642, 5/1/89]
1. The minimum separation require-
ments of adult uses may be varied by
the Board of Adjustment if the person
applying for the Variance files an ap-
plication for a Variance with the
building official. Included with said
application shall be a consent petition
which indicates approval of the pro-
posed adult use signed by 90 percent
of the property owners within 600 ra-
dial feet of the lot on which the use
would be located. The Board of Ad-
justment, in considering such a Vari-
ance shall make the following find-
ings: that the proposed use will not
be contrary to the public interest or in-
jurious to nearby properties, and that
the spirit and intent of the Ordinance
will be observed, that the establish-
ment of an additional use of this type
in the area will not be contrary to the
program of neighborhood conserva-
tion or improvement, either residen-
tial or non-residential, and that all ap-
plicable regulations of this Ordinance
will be observed.
2. Any such adult use which at the time
of the adoption of this Ordinance
2479, adopted 02/03/69, or amend-
ment or replacement thereto, becomes
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODTFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
non -conforming may continue in
business subject to the regulations of a
non -conforming use unle^c it does not
meet the minimum separation re
qrements between i
uft and any other
such e,tabli.,hinent, or between it and
another residential zoning district in
which event it shall terminate. all u.,e,
herein defined no laterthan one (1)
y ar after the date of the adoption of
this ordinance.
owner of the business involved' in
such use, the termination would cre
ate an undue hardship, the owner
may—appeal to the Board of Adjust
ment for an extension of time for the
terminati n. It shall be the responsi
bility of the owner to show just cause
for a time extension based upon evi
donee submitted by the owner which
demonstrates by the greater weight of
evidence that one (1) year was not an
adequate length of time to amortize
the owner's investment in such estab
hslunent. The Board shall determine
whether such a time extension shall be
granted and how long such extension
chilll be, based upon the evidence pre
rented. However, no establishment
shall be granted more than one (1)
time extension and no such extension
shall be f r longer than the minimum
time determined necessary by the
Board for the owner to am rtize the
investment which existed at the time
of the adoption of this ordinance.
4. Any investments in said non
conforming establi.,hment subsequent
to the adoption of this ordinance shall
not be included in .,uch amortization
value purposes. Such non-
conforming establishment shall not
increase, enlarge, expand, extend or
alter such land area, building, or
structure involved in such establish-
ment except by changing the use to
152
another use which is permitted in that
zoning district by the terms of the
Zoning Ordinance. If the owner of the
non -conforming establishment desires
to increase, enlarge, expand extend or
alter such land area, building or struc-
ture involved in such establishment,
the owner shall be required to apply
for a Special Permit under the provi-
sions of the Zoning Ordinance.
5. In determining whether an adult use
is non -conforming, especially in rela-
tion to another adult use, the Board
shall take into account the Length of
time that said adult use has been op-
erating at its present location and
shall consider the oldest adult use as a
conforming use.
O. Towers and Wireless Communica-
tion Towers Facilities
[Ordinance 4321, 9/14/98]
[Ordinance 4541, 3/11/02]
1. Purpose. The special provisions of
this Section are intended to regulate
the location of new communication
towers and antennas. The Telecom-
munications Act of 1996 restructured
and deregulated many aspects of the
country's communication industry.
New telecommunication providers en-
tering the market desire to build a
network that can require additional
freestanding communication towers
as well as antennas mounted on exist-
ing buildings and other structures.
It is the desire of the City of Waterloo
to encourage an aesthetically pleasing
local environment. It is also the intent
of the City to encourage the expansion
of wireless technology, because it
provides a valuable service to resi-
dents and businesspersons in the city.
It is not the City's goal to unreasona-
bly discriminate among providers of
functionally equivalent services; and
to not have the effect of prohibiting,
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
either directly or indirectly, the provi-
sions of personal wireless services. It
is the goal to encourage wireless pro-
viders to construct new facilities dis-
guised as public art pieces, as natural
vegetation, or to mount antenna on
buildings in a way that blends archi-
tecturally with the built environment.
In accordance with applicable zoning
regulations, any request to place, con-
struct, or modify personal wireless
service facilities shall be acted on
within a reasonable time after the re-
quest is duly filed with the proper
City office, taking into account the na-
ture and scope of each request. Any
decision to deny a request to place,
construct, or modify personal wireless
service facilities shall be in writing
and supported by substantial evi-
dence contained in a written record.
a. Goals.
1) To minimize the adverse vis-
ual effects of communication
structures through careful de-
sign, siting, locating, and
screening;
2) To locate and engineer com-
munications support struc-
tures to mitigate potential
damage to adjacent properties
from structural failure.i
3) To allow for the reasonable lo-
cation and efficient use of
communication structures
through co -location of carriers;
and
4) To preserve and improve the
peace, safety, health, welfare,
comfort, and convenience of
the citizens of the City of Wa-
terloo.
b. Regulation of All Towers. Towers
exceeding `' fifty ''(50) '`feet above
grade, including wireless commu-
153
nication towers and facilities and
wind generation devices, shall be
allowedupon approval of a Spe-
cial Permit by
pe-cial'Permit'by the Board of Ad-
justment'after recommendation of
the Commission,` except as pro
vided in this Section. Wind en-
ergy facilities shall be regulated by
Section 2A-48 (5).
2. Definitions, as used in this Chapter:
a. "Multiple use facilities (Co -location
effort)" - Wireless communication
facilities that are shared with other
existing or newly constructed
uses, such as, but not limited to,
(sports field lights, retail business
highway signs, flag poles, or other
shared competing communica-
tions facilities, -etc.).
b. "Monopoles" - A self-supporting,
cylindrical, metallic pole used as a
communications support structure
and engineered to support more
than one communications carrier
in exchange for a rental fee.
c. "Camou a e Design" - Camouflage
design is a term describing a piece
of art, or an architectural structure
or element, that functions as a
communications facility and aes-
thetically blends with the sur-
rounding historical or aestheti-
cally -sensitive environment. Ex-
amples of camouflage design in-
clude, but are not limited to, flag
poles, clock towers, monuments,
and church steeples. Camouflage
design also applies in the architec-
tural integration of communica-
tion facilities onto existing build-
ings, sports field lights, highway
signs, water towers, etc. All such
designs are subject to review and
approval of the communications
carrier, the landlord, and the
Planning , • -- •- - -
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
staff. If deemed to be of major
significance, the request would be
contingent upon final approval by
the Board of Adjustment, after re-
view by the Planning Program
ming & Zoning Commission. The
camouflage design of new free-
standing wireless communication
towers must be accessory in de-
sign to the principal use of the site.
For example, a new tower on a
church site would need to be de-
signed to appear as a steeple
tower, cross, etc. A new tower on
a school or park field would need
to appear as a new field lights
structure, etc. This is aimed to fur-
ther disguise the appearance of
wireless communication struc-
tures.
d. "Structure height" - The vertical
distance measured from the base
of the antenna support structure at
grade to the highest point of the
structure. If the support structure
is on a sloped grade, then the av-
erage between the highest and
lowest grades of the cell site shall
be used in calculating the height.
e. "Communications structure" - Any
tower or any other structure that
supports devices used in the
transmission or reception of mi-
crowave energy, analog data
transfer techniques, radio fre-
quency energy, and other digital
data transfer techniques.
I. "Communication structure site" - A
tract or parcel of land that contains
the wireless communication struc-
ture, accessory building(s), and
parking, and may include other
uses associated with and neces-
sary for wireless communication
and transmission.
154
g
"Tull structure" - Any structure the
top of which is more than fifty (50)
feet above grade.
h. "Minimum height" - The lowest
vertical distance at which the
structure can still operate at an ef-
ficient level of service. An efficient
level of service is deemed to be
95% or greater of possible opera-
tive levels.
J.
"Effectively screened"- An area of
planting which provides an effec-
tive visual barrier. For a single
row the screen shall consist of
spruce, firs, or pines spaced at a
maximum spacing of 15 feet or a
double staggered row of spruce,
firs, or pine spaced at a maximum
spacing of 20 feet within each row;
for arborvitae and juniper the
spacing shall be a double stag-
gered row with maximum spacing
of 10 feet within each row, or a
single row with maximum spacing
of 6 feet.
"Significance, Minor" - Requests
meeting the criteria as described in
the Process Section 3a. Also, in
compliance with the Design Stan-
dards.
k. "Significance, Major" - Requests
meeting the criteria as described in
the Process Section 3b. Also, any
deviation from the Design Stan-
dards may classify a formerly mi-
nor significant request to this stat-
ure. Such decision is up to the
discretion of the City Planner and
his/her designee.
3. Process
a. Minor significance. The proposed
structure shall be subject to staff
review by the City Planner and
his/her designee, if any of the fol-
lowing are true:
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND M0DIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
1) Agricultural and Industrial
zoning classifications
a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
b) All proposed structures co -
located onto an existing
communications facility or
structure at least 50 feet in
height.
c) All proposed structures set
back 1.5 times the height of
the tower from the nearest
property line and are of
monopole design.
2) Commercial zoning classifica-
tions
a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
b) All proposed structures co -
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
3) Residential zoning classifica-
tions
a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings. Such struc-
tures must be located at
least 500'twice the tower
height from any 1 or 2 fam-
155
ily dwelling lot (platted,
u.,ed, or developedlf said
dwelling lot ` is "a non-
conforming use this provi-
sion shall not apply).
b) All proposed structures co -
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
b. Major significance. The proposed
structure shall require review by
the Planning, Programming and
Zoning Commission contingent
upon final approval by the Board
of Adjustment, if arty of the fol-
lowing are true:
1) Agricultural and Industrial
zoning classifications
a) Lattice or guyed design
towers as specified in Sec-
tion 6d as contained here-
in.
2) Commercial zoning classifica-
tions
a) Any structure not employ-
ing camouflage design or
co -located upon an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
3) Residential zoning classifica-
tions or uses
a) Any structure not employ-
ing camouflage design
and/or located at least 500'
twice _ the ''. tower height
from any 1 or 2 family
dwelling lot.
b) Any structure not co
located Us Olt an existing
"tall structure".
4. Where Permitted. The proposed
structure is classified as a permitted
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
use, upon approval as noted above in
Sections 3a and 3b, if any of the fol-
lowing are true:
a. Agricultural and Industrial zoning
classifications and any other spe-
cific plans allowing such uses:
1) Communication structures are
not permitted within 150 feet
of an interstate or state high-
way. The tower shall be set-
back a distance equal to 1.5
times the height of the tower.
This shall be measured from
the outer most point of the
base to the nearest property
line.
2) When mounted on a building
and architecturally integrated
into an existing structure
and/or multiple use facilities.
3) When designed with camou-
flage design.
b. Residential and Commercial zon-
ing classifications and specific
plans allowing such uses:
1) When mounted on a building
and architecturally integrated
into an existing structure
and/or multiple use facilities.
2) When designed with camou-
flage design.
5. Design Standards. The proposed
structure must comply with the fol-
lowing provisions prior to the issu-
ance of any permits.
a. Necessity. The wireless commu-
nications company shall demon-
strate that the antenna must be lo-
cated where it is proposed in or-
der to satisfy the antenna's func-
tion in the company's grid system.
b. Co -location Effort. If the wireless
communications company pro-
poses to build a tower (as opposed
156
to mounting the antenna on an ex-
isting tall structure), it shall dem-
onstrate a reason of substantial na-
ture describing the inability to co -
locate. This demonstration shall
utilize one or more of the follow-
ing criteria to satisfactorily illus-
trate why co -location on an exist-
ing tall structure is infeasible:
1) Structural Infeasibility. The
wireless communications
company shall provide a struc-
tural analysis to show the
structural loading, minimum
height, available space on the
existing structure, or available
ground space at the proposed
site is inadequate to serve its
needs for a viable communica-
tions structure site.
2) Engineering Infeasibility. The
wireless communications
company shall provide engi-
neering studies to show that
the existing tall structure can-
not be satisfactorily engi-
neered to meet the coverage
and/or capacity demands of
its customers or function in its
grid system.
3) Economic Infeasibility. Co -
location on an existing tall
structure is an incentive to,
and is in the economic best in-
terest of, each wireless com-
munication company as co -
location reduces the cost to
deploy each communication
site. Where negotiation to co -
locate on an existing tall struc-
ture fails, the wireless com-
munications company shall
provide evidence, to include
written assurances in the form
of affidavits, that it could not
obtain permission from own-
ers of tall structures within a
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
quarter (1/4) mile radius of
the proposed site to install its
antennas on those tall struc-
tures.
The Zoning Board of Adjustment
may deny the permit if it con-
cludes that the applicant has not
made a good faith effort to mount
the antenna on an existing struc-
ture or for any other reason within
the scope of the Board of Adjust-
ment's authority.
c. Structure Height. The applicant
shall demonstrate, to the reason-
able satisfaction of the Planning,
Com-
mission; and the Board of Adjust-
ment, that the structure is the min-
imum height required to function
satisfactorily while simultaneously
providing adequate structural
height for possible co -locators.
The Board of Adjustment has the
right to deny any structures above
the determined height unless oth-
erwise shown the structure would
be inoperable.
d. Setbacks From Base of Structure.
The minimum distance between
the base of the structure or any
guy anchors and any property line
shall be the largest of the follow-
ing:
1) Fifty (50%) percent of antenna
height.
2) The minimum setback in the
underlying zoning district.
3) Sixty (60) feet.
4) 500 feet from any 1 or 2 family
dwelling lot. If appli
cant/company shows that rte
other locations within immc
diate vicinity of site can meet
iaements, the set
back may be reduced to a min
157
imtmum—setba Qa of Twice the
tower height from any 1 or 2
family dwelling lot. If said
dwelling lot is a legal non-
conforming use, this provision
shall not apply.
5) Any new tower structures
built upon land owned by the
city, state, public schools, or
other public entity may in-
clude the street right-of-way in
its setback requirements to fur-
ther promote any necessary
construction of such facilities
to go onto larger tracts of pub-
lic land to allow for greater se-
paration from residential uses
and to further benefit the
community as a whole
through the generation of
funds.
e. Structure Safety. The applicant
shall demonstrate through proof
of insurance, compliance with set-
back requirements, and submittal
of engineering studies, that the
proposed structure is safe, accord-
ing to the Electronic Industries
Association Standards (EIA Stan-
dard 222 in regards to structural
standards for steel antenna towers
and antenna support structures)
for its design, according to 1996
FCC Regulations in terms of radio
frequency transmissions, and the
surrounding areas will not be ne-
gatively affected by structure fail-
ure. All support structures shall
be fitted with anti -climbing de-
vices, as approved by the manu-
facturers. Any such failure or in-
terference shall be the responsibil-
ity of the applicant to remedy.
f. Fencing and Landscaping. An
opaque fence shall be installed
around the antenna support struc-
ture and other equipment, unless
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
g•
the antenna is mounted on an ex-
isting structure or camouflage de-
sign is employed. The fence shall
be a minimum of six (6) feet in
height and serve to screen the base
of the structure and improve secu-
rity. No such fence may use
barbed wire closer than six (6) feet
to the ground. Said fencing shall
be effectively screened on the out-
side (as defined in this Section).
Co -location. In order to reduce
the number of communication
structures in the community, the
proposed structure shall be re-
quired to accommodate other us-
ers, including other wireless
communication companies, and
local police, fire and ambulance
companies.
h. FCC License. The wireless com-
munication company shall pro-
vide proof that it is licensed by the
Federal Communications Com-
mission to conduct business in the
Waterloo market.
J.
Required Parking. If the commu-
nication structure site is fully au-
tomated, adequate parking shall
be required for maintenance
workers. If the site is not auto-
mated, the number of required
parking spaces shall equal the
number of people on the maxi-
mum working shift. Structures
must be constructed of a material
compatible with existing abutting
property building unless specifi-
cally proven to be unattainable.
This is to reduce the visual impact
of the structure and create an ap-
pearance which is compatible and
harmonious with the surround-
ings.
Painting. Antenna support struc-
tures shall be painted, if deter -
158
mined necessary in process of re-
quest, in such a manner as to re-
duce the visual impact and create
a harmonious appearance with
their surroundings.
k. Site Plan. A full site plan shall be
required for all communication
structure sites, showing the struc-
ture, antenna, antenna support
structure, building, fencing, buff-
ering, and access.
1. Air Safety. All structures will be
in compliance with the City of Wa-
terloo Airport Ordinance and
meet the guidelines for an Federal
Aviation Administration Determi-
nation (of no hazard).
6. Other Design Requirements.
a. Support facilities such as equip-
ment rooms and cabinets and cel-
lular switching devices shall be
designed to match the architecture
of adjacent buildings. In the event
the wireless company chooses not
to house support facilities such as
equipment rooms and cellular
switching devices, the facility shall
be screened from public view by
walls, s, trellises, landscaping, or
similar treatments.
b. No chain link fence associated
with any wireless communication
facility is permitted unless effec-
tively screened as defined in this
Section.
c. Temporary poles may be permit-
ted for a period of up to six
months, subject to review and ex-
tension, if an application for a
permanent facility has been filed
and the necessity for temporary
service can be proven to the satis-
faction of the City. Final approval
of a temporary facility shall be
PART XXIV
SPECIAL PROVISIONS, EXCEPTIONS AND M0DIFICATIONS2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
subject to the review and approval
as defined in the process Section.
d. Lattice towers shall not be permit-
ted anywhere in the City unless
located in an Agricultural zone,
designated in the Long Range
Land Use Plan for industrial use,
or an Industrial zone. These tow-
ers shall be constructed with a set-
back from any right-of-way lines,
property lines, or residential dis-
tricts which shall be equal to or
greater than 1.5 times the height of
the tower.
e. All utilities associated with wire-
less communication facilities shall
be underground unless demon-
strated by the company that the
local utility company has deter-
mined that it is impractical. This
regulation applies only in residen-
tial or commercial zoning classifi-
cations.
f. The facility operator or property
owner shall be responsible for
maintaining the facility in good
appearance, which shall include
but not be limited to, regular
cleaning of the facility, keeping the
facility painted as needed, keeping
bird nests and other similar items
clear of the antemia area, and all-
around maintenance of the facility.
159
g. Any proposed free standing tower
structure within 500' of a 1 or 2
family dwelling lot will go
through the Planning, Program
ming, and Zoning Commission for
a recommendation to the Board of
Adjustment, similar to a Special
Permit. Such a request will re-
quire a 250 -notification by staff to
all surrounding property owners
within two hundred fifty (250) feet
from the boundaries of the prop-
erty lines of the site upon which
the tower is proposed to be lo-
cated.
7. Abandonment.
a. All approvals for wireless com-
munication facilities shall be in ef-
fect only while the facilities are be-
ing operated on a continual basis.
When the use is replaced or dis-
continued for a period of six
months, the approvals will lapse;
and the operator or property own-
er shall be required to remove the
facility and all associated equip-
ment and restore the property to
its original or otherwise acceptable
condition, subject to the approval
of the City Planner or his/her des-
ignee.
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
4
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EXHIBIT B
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EXHIBIT C
Public Art Pieces that Provide Antenna Space
P. Buffers Required
(Ordinance 3050, 10/1/79]
[Ordinance 4724, 9/20/04]
It shall be recognized that the transition
from one district to another district of con-
trasting and conflicting uses is across a bar -
160
vier and line in theory. Therefore, it shall be
the intent of this article to require the actual
provision of physical barrier so as to reduce
any possible harmful or detrimental influence
one district may or may not have to an abut-
ting or contrasting or conflicting use.
2448 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
The following conditions shall require a
buffer between abutting districts:
1) All "C" Districts which abut any "R-1"
or "R-2" District shall be buffered as
required in this article.
2) All "M" Districts which abut any "C-1"
or any "R" District shall be buffered as
required in this article.
Buffers required under the provisions of
this article or elsewhere in this Ordinance
shall be accomplished by any one or ap-
proved combination of the following me-
thods:
1) Buffer Wall. Such wall shall not be
less than six (6) feet in height, con-
structed of a permanent, low mainte-
nance material such as concrete block,
cinder block, brick, concrete, precast
concrete, title block, etc. The wall
shall be designed for both structural
adequacy and aesthetic quality. The
use of weather resistant wood, metal
or manufacturing substitutes may be
used as an accessory material for aes-
thetic quality.
2) Buffer Park. Such park shall not be
less than forty (40) feet in width, de-
signed and landscaped in an aesthetic
manner.
Predominant planting shall be of ever-
green type trees, shrubs and plants so as to
assure year-round effectiveness; density and
height of planting shall be adequate to serve
as an effective visual solid screen.
The burden or provision and selection of
the buffers shall be as follows:
1) Where two (2) different districts re-
quiring a buffer between them are
both in existing improved condition,
the above requirement is not retroac-
tive and should a buffer be desired it
shall be by mutual agreement be-
tween property owners or as other-
wise provided by law. However, in
161
the event that any or all of the im-
proved property is abandoned, de-
stroyed, demolished, etc. for the pur-
pose of renewal, redevelopment, etc.,
that portion of such property being
renewed, redeveloped, etc. shall be
considered vacant land subject to the
requirements herein.
2) Where one of the two (2) different dis-
tricts requiring a buffer between them
is partially developed, the developer
of the vacant land shall assume the
burden.
3) Where both districts requiring a buffer
between them are vacant or undevel-
oped except for agricultural use, the
burden shall be assumed by the de-
veloper as the land is improved or de-
veloped.
Where the line between two (2) districts
requiring a buffer follows a street right-of-
way, railroad, stream, or other similar barrier,
the requirement for a buffer may be waived
by the City Planner or - designee, provided
such waiver does not permit the exposure of
undesirable characteristics to public view.
Q.
Alcohol Sales Use Regulations
1. Purpose and Intent. The purpose
and intent of this subsection Q is to es-
tablish alcohol sales use regulations to
avoid undue concentration of certain
alcohol sales uses, to mitigate the sec-
ondary effects of certain alcohol sales
uses to preserve and protect neiah-
borhoods' from deterioration and loss
of property value due to incompatible
uses and otherwise to promote the
general purposes of the zoning ordi-
nance.
Except in the C-3 District, the provi-
sions of this subsection Q shall apply
in addition to any other zoning dis-
trict regulations and requirements in
which the land may be classified. ' In
the case of conflict, the most restrictive
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
provisionsshall govern, except as oth-
erwise expressly provided in this sub-
section.
2. Separation Requirements.
a. No alcohol sales use that is not
a limited alcohol sales use, for which a
Class E off -premises liquor control li-
cense has been issued, or for which an
application for such a license has been
submitted but not yet granted, shall
be located within 600 feet of another
alcohol sales ' use holding the same
class of license, as measured from the
nearest partofthe building structure
or outdoor service area of an alcohol
sales use to the closest point of the
property line of such other alcohol
sales use.
b. No alcohol sales use that is not
a limited alcohol sales use shall be lo-
cated within 250 feet of another alco-
hol sales use that is not a limited alco-
hol sales use, as measured from the
nearest part of the building structure
or outdoor service area of an alcohol
sales use to the closest point of the
property line of another alcohol sales
use.
R. Limited Alcohol Sales Uses
[Ordinance 4976, 11/23/09]
Pursuant to the authority vested in the
City by Section 123.39 of the Iowa Code and
in furtherance of the City's prerogative to re-
gulate the location of alcohol sales uses for
the health, welfare and morals of the com-
munity, any limited alcohol sales use as de-
fined herein is subject to the requirements of
this Section. Upon request of the police chief
at any time, but not more frequently than
semi-annually, a business that is a limited al-
cohol sales use shall provide such informa-
tion as the police chief may, in his reasonable
discretion, require as proof that the business
satisfies the conditions to be a limited alcohol
sales use. Proof may consist of, but is not lim-
ited to, tax forms filed with the Iowa Alco -
162
holic Beverages Division, sales registeror
point-of-sale system reports, and/or income
statements. Any information provided by the
business shall be certified as accurate and
complete under penalty of perjury. If the
business fails to provide the requested infor-
mation within thirty (30) days after request,
then such business shall be deemed to be an
unlawful use and shall be subject to the en-
forcement provisions of this Ordinance. If
audit of the provided information indicates
that the business fails to satisfy the conditions
to qualify as a limited alcohol sales use, either
on the basis of the preceding twelve (12)
months viewed as a whole or the most recent
three (3) months viewed as a whole, then
such business may be deemed to be an un-
lawful use and may be subject to the en-
forcement provisions of this Ordinance. If the
audit demonstrates that the business exceeds
by more than ten (10) percent any of the nu-
merical standards of a limited alcohol sales
use, then the use shall be deemed a nuisance
and the business shall pay all cost and ex-
pense of the audit. The city clerk shall de-
mand reimbursement for the audit costs and
expenses by mailing written demand for re-
imbursement to the owner. Notice shall be by
ordinary mail. Said demand shall be due and
payable upon mailing and shall become de-
linquent if not paid within thirty (30) days of
the date of mailing the notice. Without preju-
dice to any other available methods of collec-
tion, any delinquent amounts may be as-
sessed against the property for collection in
the same manner as a property tax, as pro-
vided in state law. The audit requirements of
this Subsection are in addition to any affida-
vit or agreement that may be required by the
City Planner or his designee with respect to
the status of the business as a limited alcohol
sales use.
S. Utility Exemption
With the exception of the Floodway and
Floodplain Overlay Districts, public utilities,
as herein defined, shall be considered Princi-
pal Permitted Uses in all Districts under this
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
Ordinance and shall be subject to the Special
Permit process described in Section 2A-48
(H), as well as the requirements of the appro-
priate'district. Public utility equipment or
structures such as poles (excluding towers),
wires, cables, conduits, streets, railroads in-
cluding railroad spurs, trails, ` driveways,
bridges, culverts, etc. are exempt from the
Special Permit process. Other public utility
structures, including `buildings, power gen-
eration facilities, substation facilities, and
other similar uses or %structures shall not be
exempt from the 'Special 'Permit process
unless otherwise provided by or unless
located in a Planned District including the "R-
P", "S -1","C -P", "B -P" and "M -2,P" Districts.
Towers shall be regulated by Sections 2A-
48(13)(4), 2A-48(0) and 2A -48(S).
T. Wind Energy Facilities
1. Applicability
a. The requirements of this subsec-
tion S shall apply to all wind en-
er•y facilities (large and small) for
which an application for a Special
Permit or <building permit has
been submitted to the City of Wa-
terloo after the effective date of
this subsection S. No such wind
energy facility shall be constructed
after the effective date of this sub-
sectionS except in (compliance
with this subsection S.
b. Wind energy facilities for which a
required permit has been properly
issued prior to the effective date of
this subsection S shall not be re-
quired to meet the requirements of
this subsection S; provided, how-
ever, that any such pre-existing
wind energy facility which does
not provide energy for a continu-
ous period of twelve (12) months
shall meet the requirements of this
subsection S prior to recommenc-
ing production of energy. How-
ever, no modification or alteration
163
to an existing wind energy facility
shall be allowed unless in compli-
ance with this subsection S.
2. Purpose
a. "The purpose of this subsection S is
to provide a regulatory means for
the construction and operation of
large and small wind energy facili-
ties in the City of Waterloo, subject
to reasonable restrictions, which
will preserve the public health,
safety, and welfare. The City of
Waterloo ado its these .revisions
to promote the effective and effi-
cient use of the City's wind energy
resource.
3. Findings
a. The City of Waterloo finds and
declares that:
1) Wind energy is an abundant,
renewable and nonpolluting
energy resource of the City
and its conversion to electricity
may reduce dependence on
nonrenewable energy sources
and decrease the air and water
pollution that results from the
use of conventional energy
sources.
2) The generation of electricity
from' properly'sited wind en-
ergy facilities,' including small
systems, can be cost effective
and in many cases existing
power distribution systems
can be used to transmit elec-
tricity from wind -generating
stations to utilities or other
uses, or energy consumption
at that location can be reduced.
3) Regulation of the siting and
installation of wind energy fa-
cilities is necessary for the
purpose of protecting the
health, safety, and welfare of
2A-48 SPECIAL PROVISIONS, EXCEPTTONS AND MODIFICA`1 IONS.
neighboring property owners
and the general public.
4) Wind energy facilities repre-
sent significant potential aes-
thetic impacts because of their
size, 'fighting, and shadow
flicker' effects, if` not properly
sited.
5) If not properly sited, wind en-
ergy facilities may present
risks to the property values of
adjoining property owners.
6) Wind energy facilities may be
significant sources of noise,
which, if unregulated, can ne-
gatively impact adjoining
properties.
7) Without proper planning con-
struction of wind energy facili-
ties can create traffic problems
and damage local roads.
8) If not properly sited, wind en-
ergy facilities can interfere
with various types of commu-
nications.
4. Definitions
a. As used in this subsection S, the
following terms are hereby de-
fined
1) Decommissioning: The proc-
ess of use termination and re-
moval of all or part of a Large
wind energy facility by the
owner or assigns of the large
wind energy facility.
2) FAA: The Federal Aviation
Administration.
3) Facility Owner The entity or
entities having an equity inter-
est in the wind energy facility,
including their respective suc-
cessors and assigns.
164
4) Hub Height: When referring
to a wind turbine, the distance
measured from ground level to
the center of the turbine hub.
5) MET Tower: A meteorological
tower used for the 'measure-
ment of wind speed.
6) Site: The parcel(s) of land
where a wind energy facility is
to be placed. The site can be
publicly or privately owned by
an individual or group of indi-
viduals controlling single or
adjacent properties. > Where
multiple lots are in joint own-
ership or control, the com-
bined Lots shall be considered
as one for purposes of apply-
ing setback requirements.
7) Total Height: When referring
to a wind turbine, the distance
measured from ground level to
the blade extended at its high-
est point.
8) Use Termination: The point in
time at which a wind energy
facility owner provides notice
to the City of Waterloo that the
wind energy facility or indi-
vidual wind turbines are no
longer used to produce elec-
tricity unless due to a tempo-
rary shutdown for repairs.
Such notice of use termination
shall occur no less ` than 30
days after actual use termina-
tion.
9) Wind Energy Facility, large: A
facility that generates electric-
ity' or performs other work
consisting of one or more wind
turbines under common own-
ership or operating control,
and includes substations, MET
towers, cables/wires and other
buildings accessory to such fa-
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
cility, whose' -main purpose is
to supply electricity to off-site
customers. It also includes
any wind energy facility not
fallingunder the definition of
a small wind energy facility.
10) Wind Energy Facility, Small:
A wind energy system that
generates electricity 'or per-
forms other work, has a total
height of one hundred twenty
(120) feet or less or is affixed to
an existing structure, has a
power output rated capacit�of
100 kilowatts or less, and is in-
tended to primarily reduce the
on-site consumption of elec-
tricity. Any wind energy facili-
ties not falling under this defi-
nition shall be deemed a large
wind energy facility.
11) Wind 'Farm: Two or more
wind turbines under common
ownership or control.
12) Wind Turbine: A wind energy
conversion system which con-
verts wind energy into electric-
ity through the use of a wind
turbine generator, and in-
cludes the turbine, `'blade,
tower, base, and pad.
5. Regulatory Framework
a. Large wind energy facilities may
only be constructed in areas that
are zoned "A-1" Agricultural Dis-
trict, "M-2" Heavy Industrial Dis-
trict, and "M -2,P" Planned Indus-
trial District upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of
the Commission
b. Small wind energy facilities may
be constructed in any zoning dis-
trict as either a .rinci.al or acces-
sory use. Small wind energy fa -
165
cilities that are constructed as an
accessory use to a Principal Per-
mitted Use, and meet the setback,
height, 'and power output re-
quirements of this subsection St
sliall___not require' Special Permit
approval and shall only require
buildin•'- •ermit a .royal. ' All
small wind energy facilities that
are constructed as a Principal
Permitted Use, or small wind en-
ergy facilities that do not meet the
setback, height, or power output
requirements of this subsection S,
shall require Special Permit ap-
proval.
c. Application for a: Special Permit, if
required, for a large' or small wind
energy facility shall be submitted
with the following information:
1) A properly 'f filled out and
signed application.
2) A signed statement indicating
drathe applicant has legal au-
thority to construct, 'operate,
and develop the wind energy
facilities tinder state, federal
and local laws and regulations,
including Federal Aviation
Administration (FAA), Federal
Communications Commission
(FCC), and state and local
building codes.
3J A description' of the number
and kind of wind energy facili-
ties to be installed.
4) A description of the large or
small wind energy -facilities
height and design, including a
cross 'section, elevation, and
diagram of how the wind en-
ergy facilities
n-ergy`facilities will be anchored
to the ground, prepared by a
professional engineer licensed
in the State of Iowa.
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
5) A statement from the applicant
that all wind energy facilities
will be installed in compliance
with manufacturer's specifica-
tions, and a copy of those
manufacturer's specifications.
6) A signed statement from the
landowner(s) of the site stating
that he/she will abide by all
applicable terms and condi-
tions of this subsection S and
the Special Permit, if ap-
rrooved.
7) A statement indicating(_ what
hazardous materials will be
used or stored on the site, and,
how those materials will be
stored.
8) A statement indicating how
the wind energy facility will be
lit, if applicable.
9) For small wind energy facili-
ties, a site plan showing the
parcel boundaries and a legal
description, support facilities,
access, fencing, and all other
buildings on the site and with-
in one hundred (100) feet be-
yond the site.
10) For large wind energy facili-
ties, a site plan prepared' by a
professional engineer or sur-
veyor licensed in the State of
Iowa, drawn to a scale of not
less than 1 inch to 100 feet (1
inch to 50 feet preferred),
showing the parcel boundaries
and a legal description, 2 -foot
contours for the subject site
and one hundred (100) feet
beyond the subject site, sup-
port facilities, access, proposed
landscaping and' fencing, and
all other buildings on the site
and within one hundred (100)
feet beyond the site.
166
11) Any utility or easement loca-
tions shall be indicated on the
site plan.
12) For large wind energy facili-
ties, photo exhibits visualizing
the proposed wind energy fa-
cilities.
13) For large wind energy facili-
ties, a signed statement from
the landowner(s) of the site
stating that a lease has been
executed or has been agreed
upon by all parties and will be
executed if the applicant does
not own the land.
d. If required, a plan for site grading,
erosion control, storm water drai-
nage, and storm water pollution
prevention plan (SWPPP) shall be
submitted to the City Engineer for
review and approval prior'' to
granting building permits:
e. All other permits, including those
for work done in rights-of-way,
shall be applied for by the appli-
cant to the appropriate agency
prior to construction.
f. Wind energy facilities shall not in-
clude offices, vehicle storage, or
other outdoor storage. One acces-
sory storage building may be
permitted per large wind turbine
at the Board of Adjustment's dis-
cretion. The size and location of
any proposed accessory building
shall be shown on the site plan.
No other structure or building ac-
cessory to the wind energy facility
is permitted unless used' for the
express purpose of the generation
of electricity or performing other
work related to the wind energy
facility.
g. An applicant may submit one Spe-
cial Permit application for the en-
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
tire large wind energy facility pro-
ject or small wind energy project
(if required) located in the City of
Waterloo, provided that a detailed
map identifying the precise loca
tion of all proposed wind turbine
towers is provided at time of
submittal of Special Permit. For
additional wind turbine towers
proposed that were not detailed in
a `'previous Special Permit ap-
proval, a new separate Special
Permit shall be required, including
a detailed map 'identifying the
precise location of all proposed
and existing wind turbine towers.
h. No grading, filling, or construction
shall begin'until abuild tit
is 'r issued. A separate building
permit shall be required for each
individual wind turbine tower and
appurtenant facilities prior to con-
struction of each wind turbine
tower and appurtenant facilities to
be constructed.
i. For large wind energy facilities, a
certificate of insurance with a min-
imum of $2,000,000 liability cover-
age per incidence, per occurrence
shall be required for the life of the
facility. Each renewal period will
require a copy of certificate of in-
surance be provided to the City of
Waterloo. 'An expired insurance
certificate or an unacceptable li-
ability coverage amount is
grounds for revocation of the Spe-
cial Permit.
j. For large wind energy facilities,
the City shall require an irrevoca-
ble letter of credit, bond, or cash
escrow, held in trust in favor of
the City of Waterloo, to recover
the costs associated with removal
of a use 'terminated large wind
turbine tower and appurtenant fa-
cilities. The amount of the irrevo-
167
cable letter of credit, bond, or cash
escrow shall be set by the Board of
Adjustment prior to Special Permit
approval and shall remain in effect
until released by the City of Wa-
terloo. The issuer of the irrevoca-
ble letter of credit or bond shall be
suitable to the City.
k A wind energy facility authorized
by Special Permit shall be started
within twelve (12) months of Spe-
cial Permit issuance and com-
pleted within 'thirty-six (36)
months of Special Permit issuance,
or in accordance with a timeline
approved by the Board of Ad-
justment Upon request of an ap
phcant, and for good cause, the
Board of Adjustment may grant an
extension of time.
I. For large wind energy facilities,
the applicant shall submit a copy
of all "as built plans" prepared by
a professional engineer licensed in
the State of Iowa,' including struc-
tural engineering`; and electrical
plans for all towers following con-
struction to the City to use for re-
moval of large wind energy facil-
ity, if large wind' energy facility
owner or its assigns fails to meet
the requirements of this subsec-
tion S or the Special Permit.
m. For wind energy facilities requir-
ing Special Permit, the Board of
Adjustment may 'r require addi-
tional conditions to ensure public
health, safety, and welfare
n. Wind energy facilities that are
constructed and installed in ac-
cordance with the provisions of
this subsection S shall not be
deemed to constitute the 'expan-
sion of a nonconforming use or
structure.
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
o. Nothin• h this Ordinance shall be
deemed to give any applicant the
right to cut down surrounding
trees and vegetation on any prop-
erty not on the applicant's site to
reduce turbulence - and increase
wind flow to the wind energy fa-
cility. Nothing in this Ordinance
shall be deemed a guarantee
against any future growth or con-
struction or City approvals of fu-
ture construction that may in any
way impact the wind flow to any
wind energy facility. It shall be
the sole responsibility of the facil-
ity operator or owner to acquire
any necessary wind flow or turbu-
lence easements, or rights to re-
move vegetation.
6. General Requirements
a. Standards
1)` No television, radio or other
communication antennas may
be affixed or otherwise made
part of a wind energy facility,
except pursuant to the regula-
tions for wireless communica-
tion towers. Applications may
be jointly submitted for wind
energy facilities and wireless
communication facilities.
2) Wind energy facilities shall
utilize measures to reduce the
visual impact of the facility to
the extent possible. Facilities
with multiple wind turbine
towers shall be constructed
with an appearance that is
similar throughout the site, to
provide reasonable uniformity
in overall size, geometry, and
rotational speeds. No letter-
ing, company insignia, adver-
tising, or graphics shall be on
any part of the tower, hub, or
168
blades except as otherwise
provided in this subsection S.
3) For small wind energy facili-
ties constructed as an acces-
sory use to a Principal Permit-
ted Use, only one small wind
energy facility per site shall be
allowed. For small wind en-
ergy facilities approved by
Special Permit, multiple small
wind energy facilities may be
allowed.
4) Small wind energy facilities
shall be used primarily to re-
duce the on-site consumption
of electricity.
5) For small wind energy facili-
ties not requiring Special Per-
mit approval, the maximum
turbine power output rated
capacity is limited to 50 kW.
For small wind energy facili-
ties requiring Special Permit
approval, the maximum tur-
bine power output rated ca-
pacity is limited to 100 kW.
Power output rated'' capacity
larger than` -100 kW shall be
deemed a large wind energy
facility.
6) At least one sign shall be post-
ed on the tower at a height of
five (5) feet warning of electri-
cal shock or high voltage,
harm from revolving machin-
ery, and the hazard of falling
ice. No brand names, logo or
advertising shall be placed or
painted on the tower, rotor,
generator or tail vane where it
would be visible ` from the
ground, except that a system
or tower's manufacturer's logo
or insignia may be displayed
on a system generator housing
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
in an unobtrusive manner that
is not visible off site.
7) Towers shall be constructed to
provide one of the following
means of access control:
a) Tower -climbing apparatus
located no + closer than
twelve ` (12) feet from the
ground.
b) A locked anti -climb device
installed on the tower.
c) A locked, protective fence
at least six feet in height
that encloses the tower.
8) Anchor points for any guy
wires shall be set back ten (10)
feet from any property line,
and shall not be on or across
any above -ground electric
transmission or distribution
lines, and shall not be located
within an easement. The point
of attachment for the guy
wires shall be enclosed by a
fence six (6) feet high or
sheathed in bright orange or
yellow covering from three to
eight (8) feet above the
ground.
b. `' Design and Installation
1) ,Wind energy facilities shall be
painted a non reflective, non -
obtrusive color, such as grey,
white, or off-white.
2) For large wind energy facility
sites, the design of the build-
ings and related structures
shall, to the extent possible,
use materials, colors, textures,
screening, and ` landscaping
that will blend the large wind
energy facility to the natural
setting and existing environ-
ment.
169
3) Minimum lighting necessary
for safety and security pur-
poses shall - be permitted.
Techniques shall be imple-
mented to prevent casting
glare from the site, except as
otherwise required by the FAA
or other applicable authority.
4) No form of advertising shall be
allowed on the pole, turbine,
blades, or other buildings or
facilities associated with the
use, except for reasonable
identification of the manufac-
turer or
anufac-turer)or contact information of
the operator of the wind en-
ergy facility
5) All wind energy facilities shall
be equipped with a redundant
braking system. This includes
both iaerodynamic overspeed
controls (including variable
pitch, tip, -and other similar
systems) and ''mechanical
brakes. Mechanical brakes
shall be operated in a fall -safe
mode: Stall `-regulation shall
not be considered a sufficient
braking system for overspeed
protection.
Ft To the extent'aplicable, `all
wind ' energy 'facilities shall
comply with 'I all applicable
building codes and standards.
7) Electrical controls, control wir-
ing, and power lines shall be
wireless or not above ground,
except where wiring is
brought together for connec-
tion to the transmission or dis-
tribution network, adjacent to
that network This provision
can be waived by the Board of
Adjustment for any wind en-
ergy facility approved by Spe-
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
cial Permit if deemed appro-
priate by the Board.
8) All electrical components of
the wind energy facility shall
conform to relevant and appli-
cable local, state, and national
codes, and relevant and appli-
cable international standards.
9) The owner of a wind energy
facility '< shall defend, indem-
nify, and hold harmless the
City of Waterloo and their offi-
cials, agents and employees
from and against any and all
claims, demands, losses, suits,
causes of action, damages, in-
juries, costs, expenses, and li-
abilities whatsoever, including
attorney fees, arising out of the
acts or omissions of the opera-
tor or the operator's contrac-
tors concerning the construc-
tion or operation of the wind
energy facility without limita-
tion, whether said liability is
premised on contract or tort.
Owner's submittal for a build-
ing permit for a wind energy
facility shall constitute agree-
ment to defend, indemnify,
and hold harmless the City of
Waterloo and their officials,
agents and employees.
10) The owner of a Iarge wind en-
ergy facility (applicant) shall
reimburse the City of Waterloo
and/or ` Black Hawk' County
for any and all repairs and re-
construction to the public
roads, culverts, and natural
drainage ways resulting di-
rectly from the construction of
the Iarge wind energy facility.
A qualified independent third
party, agreed to by the City of
Waterloo and applicant, and
paid for by the applicant, shall
170
be ` hired to inspect the road-
ways and drainage ways to be
used or affected during con-
struction. ' This ' third ` party
shall be hired to evaluate, doc-
ument, videotape, and rate
road and drainage way condi-
tions prior to the construction
of the large wind energy facil-
ity and again within 30 days
after the large wind energy fa-
cility project is complete. Any
damage done by the applicant
or subcontractors shall be re-
paired or reconstructed at the
applicant's expense.
11) Where wind energy facility
construction cuts through a
private or public drain' tile
field, the drain tile must be re-
paired and reconnected to
properly drain the site to the
satisfaction of the City of Wa-
terloo.
12) Any recorded access easement
across private lands to a wind
energy facility, in addition to
naming the wind energy facil-
ity owner as having access to
the easement, shalt also name
the City of Waterloo as having
access to the easement for
purposes of inspection or de-
commissioning. If no such ac-
cess easement exists, approval
of the Special Permit for a
wind energy facility shall con-
stitute granting to the City of
Waterloo a right to access the
wind energy facility for pur-
poses of inspection or decom-
missioning:
13) Any wind energy turbine or
facility that does not produce
energy for a continuous period
of twelve (12) months shall be
considered abandoned and
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
shall be removed in accor-
dance with the removalrp ovi-
sions of this 'subsection S.
Failure to abide by and faith-
fully comply with this subsec-
tion S or with any and all con-
ditions that may attached to
the granting of any building
permit for a wind energy facil-
ity shall constitute grounds for
the revocation of the permit by
the City of Waterloo.
14) A large;. wind energy facility
owner and operator shall
maintain a phone number and
identify a responsible person
for the public to contact with
inquiries and complaints
throughout the life of the pro-
ject, and shall provide updated
information on such to the
Planning and Zoning Depart-
ment.
15) Wind energy facilities exceed-
ing one hundred' twenty (120)
feet hub height shall be of a
monopole (tubular) design ex-
cept in unusual circumstances
as deemed appropriate by the
Board of Adjustment as part of
the Special Permit approval.
For wind energy facilities not
exceeding one hundred twenty
(120) feet hub height, mono-
pole (tubular) type towers
shall be favored over guyed
towers, and lattice towers shall
be discouraged. i For towers
that require Special Permit ap-
proval,' the Board of Adjust-
ment shall have authority to
determine required design
elements, including type and
height.
7. Setbacks
171
a. The following setbacks and sepa-
ration requirements shall apply to
all wind turbines:
1. Each wind turbine associated
with a large wind energy facil-
ity shall be set back fiom the
nearest non participating land-
owner's property line ' and
from any other wind turbine a
distance of no less than 1.5
times its total height.
2. Each wind turbine associated
with a small wind energy facil-
ity shall be set back from the
nearest property line -a dis-
tance of no less than 1.5 times
its total height, except that a
wind turbine associated with a
small wind energy facility may
be located closer than 13 times
its total height if written con-
sent 'from the property owners
to which the proposed tower
would be closer than 1.5 tones
its total height is obtained, or if
approved by Special Permit. In
such cases, the minimum set
back from the nearest property
line shall be a distance of no
less than 0.5 times its total
height. As part of the Special
Permit approval, the Board of
Adjustment may grant a waiv-
er to the setback requirements
where strict enforcement
would not serve the public in-
terest and where it is demon-
strated that such a setback will
not have an adverse impact on
the adjoining properties, how-
ever the setback shall gener-
ally not be less than 0.5 times
the total height.
3. i Wind " energy facilities must
meet ` all utility setbacks
and/or easements. The owner
of the wind energy facility is
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
responsible for contacting the
appropriate entities to deter-
mine the location of all above
and underground utility lines
on the site including; but not
limitedto, sewer, water, elec-
tricity,' natural gas, cable tele-
vision, communication, fiber
optic, etc.
8. Height
a. Small wmd energy facilities not
requiring Special Permit approval
shall be limited to eighty (80) feet
hub height.
b Small wind energy facilities re-
quiring Special Permit approval
shall be limited to one hundred
twenty (120) feet hub height.
c. Large wind energy facilities shall
not be limited in height, except as
imposed by the Board of Adjust-
mentas part of the Special Peruut
approval.
9. Noise and Vibration
a. Except during short-term_ events
including severe windstorms, au-
dible noise due to wind energy fa-
cility operations shall not exceed
sixty (60) dBA, when measured at
the site property lines. If audible
noise exceeds sixty (60) dBA the
offending wind turbine must be
inoperable until repairs are' com-
Ip eted, or a waiver is obtained
from affected property owners in
accordance with subsection (9)(f)
below.
b. < Wind energy facilities shall not
create an audible steady, pure
tone such as a whine, screech,
hum, or vibration.
c. In the event the ambient noise lev-
el (exclusive of the development in
question) exceeds the applicable
standard` given' above, the appli-
172
cable standard shall be adjusted so
as to equal the ambient noise level.
The ambient noise level shall be
expressed in terms of the highest
whole number ` sound pressure
level in dBA, which is exceeded
for more than five (5) minutes per
hour. Ambient noise levels shall
be measured at the site property
lines. Ambient noise level meas-
urement techniques shall employ
all practical means of reducing the
effect of wind -generated noise at
the microphone. Ambient noise
level measurements may be per-
formed when wmd velocities at
the proposed project site are suffi-
cient to allow wind turbine opera-
tion, provided that the wind veloc-
ity does not exceed thirty (30) mph
at the ambient noise level meas-
urement location.
d. Any noise level emanating from a
wind energy facility falling be-
tween two whole decibels shall be
determined to be the higher of the
two.
e.' Any noise monitoring or meas-
urements, with need determined
by the Planning staff, shall be paid
for by the applicant or wind en-
ergy facility owner.
In the event the noise levels result-
ing from the wind energy facility
exceed the criteria listed above, a
waiver to said levels may be
granted provided that the follow-
ing has been accomplished:
1) Written consent from the af-
fected property owners has
been obtained stating that they
are aware of the wind energy
facility and the noise limita-
tions imposed by this Ordi-
nance, and that consent is
granted to allow noise levels to
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
exceed the maximum limits
otherwise allowed; and,
2) A ''permanent noise impact
easement has been recorded in
the Office of the Black Hawk
County Recorder which de-
scribes the benefited and bur-
dened properties and which
advises all subsequent owners
of the burdened property that
noise levels in excess of those
permitted by this 'Ordinance
may exist on or at the bur-
dened property.
10. Minimum Ground Clearance
a For small wind energy facilities,
the minimum distance between
the ground and any part of the ro-
tor or blade system shall be fifteen
(15) feet.
b. For large wind energy facilities,
the minimum distance between
the ground and any part of the ro-
tor or blade system shall be thirty
(30) feet.
11. Signal Interference
a The applicant or wind energy fa-
cility owner shall mitigate any in-
terference with electromagnetic
communications, such as ' radio,
telephone, computers, communi-
cation devices, or television sig-
nals, including any public agency
radio systems, caused by any
wind energy facility. However, in
no case shall a wind` energy facil-
ity be located within the micro-
wave path of an emergency com-
munication tower.
12. Shadow Flicker
a Wind energy facilities shall at-
tempt to avoid shadow flicker in
any off-site residences. The wind
energy facility owner and/or op-
erator shall make reasonable ef-
173
forts to minimize or mitigate sha-
dow flicker to any off-site resi-
dence to the determination of the
City Planner or designee. Any off-
site residence owner or wind en-
ergy facility owner may appeal the
determination of the City Planner
or designee to the Board of Ad-
justment, as provided in Section
2A-52 (B).
13. Ice Shedding
a. " The wind energy facility owner
and/or operator shall ensure that
ice from the wind turbine blades
does not impact any off-site prop-
erty.
14. Waste Management
a. All hazardous waste generated by
the operation and maintenance of
the facility, including, but not lim-
ited to lubricating materials, shall
be handled in a manner consistent
with all local, state, and federal
rules and regulations.
15. Safety
a. '- Wind turbine towers shall not be
climbable up to twelve (12) feet
above ground level and all large
wind turbine tower access ladders
must be located inside of the
tower.
b. All access doors to wind turbine
towers and electrical equipment
shall be locked.
c. Any accessory structure on site of
a large wind energy facility shall
have a concrete roof to protect the
structure from snow and ice shed-
ding.
d. Appropriate warning and caution
signage shall be placed on wind
turbine towers, electrical equip-
ment, and Large wind energy facil-
ity entrances.
2A-48 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
e. A large wind energy facility site
and all structures shall have an
annual inspection report of struc-
tural stability by a professional
engineer licensed in the State of
Iowa, at cost to the large wind en-
ergy facility owner, with a report
filed with the City of Waterloo
Planning and Zoning Department.
Any deficiencies found shall be
maned in a timely manner.
f. The owner/operator of a large
wind energy facility shall test for
stray voltage before, during,' and
after construction upon request by
the City Planner or designee.
g. All substations shall be fenced to
prevent public access. The provi-
sions of Section 2A-48 (R) shall
apply.
h. The owner/operator of a large
wind energy facility shall post and
maintain at each facility a clearly
posted 24-hour a day manned tel-
ephone number in case of an
emergency.
i. The owner/operator of a large
wind energy facility shall provide
qualified personnel' to conduct
training sessions to emergency re-
sponders whenever requested.
j: The owner/operator of a large
wind energy facility shall provide
a company representative to ac-
company the Fire Department Fire
Inspector during site visits. The
owner/operator of a large wind
energy facility shall comply with
all applicable laws regarding those
inspections:
k. The owner/ operator of a wind en-
ergy facility shall be responsible
for the total cost of any incident(s)
that occur on or at their facilities
and/ or properties.
174
16. Removal
a. All wind generators and appurte-
nances shall be removed from the
site within six (6) months of use
termination notice to the City of
Waterloo by the owner of the facil-
ity or its assigns, or within three
(3) months of permit revocation by
the City of Waterloo. Upon re -
guest of the owner or assigns of
the wind energy facility, and for
good cause, the City Planner or
designee may grant a reasonable
extension of time.
b. The site shall be stabilized,
graded, and cleared of any debris
by the owner of the farility or its
assigns. If site is not to be used for
agricultural practices following
removal, site shall be seeded to
prevent soil erosion.
c. Any foundation shall be removed
to a minimum depth of four (4)
feet below grade, or to the level of
the bedrock if less than four (4)
feet below grade, by the owner of
the facility or its assigns. Follow-
ing removal, the location of any
remaining wind turbine founda-
tion shall be identified on a map as
such and recorded with the deed
to the property with the Office of
the Black Hawk County Recorder.
d. Any access roads shall be re-
moved, cleared, and graded by the
owner of the facility or its assigns,
unless the property owner wants
to keep the access road.' The City
of Waterloo will not be assumed
to take ownership of any access
road unless through official action
of the City Council.
e Any expenses related to the de-
commissioning and removal shall
be the responsibility of the wind
energy facility owner, including
PART XXV
BOARD OF ADJUSTMENT 2A -I9 APPOINTMENT -MEMBERSHIP
any expenses related to releasing
any easements.
f. Removal shall conform to the con-
tract between property owner and
the owner/operator of a wind en-
ergy facility, in addition to the re-
quirements set forth in this Ordi-
nance.
17. Violation and Permit Revocation
a. All wind energy facilities shall be
maintained in operational condi-
tion at all times, subject to reason-
able maintenance' and repair but -
ages. ` Operational condition in-
cludes meeting all noise require-
ments and ` other '`permit condi-
tions. Should a wind energy facil-
ity become inoperable, or should
any part of the wind energy facil-
ity be damaged, or should a wind
energy facility violate a permit
condition, the owner/operator
shall remedy the situation within
three (3) months after written no-
tice from the City of Waterloo.
Upon request of the owner or as-
signs, and for good cause, the City
Planner or designee may grant'a
reasonable extension of time.
b. Notwithstanding any other 'ab-
atement provision, if the wmd'en-
ergy facility is not "repaired or
made operational or brought into
compliance after said notice, the
City Council may, after a public
meeting at which the operator or
owner shall be given opportunity
to be heard and present evidence,
including a plan to come into
comphance, (1) order either reme-
dial action within a specified time-
frame, or (2) order revocation of
the permit and require the -:re-
moval of the wind energy facility
within three (3) months. For large
wind energy facilities not removed
175
within the specified time period,
the City of Waterloo shall have the
right to use the irrevocable letter
of credit, bond, or cash escrow to
cover the costs associated with
removal of the large wind energy
facility.
c Any wind energy facility that does
not meet the requirements of this
Ordinance, including,' but not lim-
ited to those dealing with noise,
height, setback, or visual appear-
ance, or does not meet any condi-
tions attached to approval of the
wind energy facility, shall be
deemed an mllawful structure and
shall provide grounds for the re-
vocation of the permit.
PART XXV
BOARD OF ADJUSTMENT
2A-49 APPOINTMENT—MEMBERSHIP
A Board of Adjustment is hereby estab-
lished which shall consist of five (5) members
each appointed to a term of five (5) years.
Members shall be removable for cause by the
appointing authority by written charges and
after public hearing. Vacancies shall be filled
for the unexpired term of any member whose
term becomes vacant. [Ordinance 4074,
2/20/95] [Ordinance 4080, 3/13/95]
2A-50 RULES—MEETINGS—GENERAL
PROCEDURE
The Board shall adopt rules in accordance
with the provisions of this Ordinance. Meet-
ings of the Board shall be held at the call of
the chairman and at such other times as the
board may determine. Such chairman, or in
his or her absence, the acting chairman, may
administer oaths and compel the attendance
of witnesses. All meetings of the Board shall
be open to the public. The Board shall keep
minutes of its proceedings, showing the vote
PART XXV
BOARD OF ADJUSTMENT
2A-51 JURISDICTION- POWERS
of each member upon each question, or if ab-
sent or failing to vote, indicating such fact,
and shall keep records of its examinations
and other official actions, all of which shall be
immediately filed in the office of the Board
and shall be a public record.
2A-51 JURISDICTION—POWERS
The Board shall have the following pow-
ers and duties.
A. The Board of Adjustutent may, in ap-
propriate cases and subject to appro-
priate conditions and safeguards
make special exceptions to the terms
of the this Ordinances in harmony
with its general purpose and intent.
Any property owner aggrieved by the
provisions of this Ordinance or any
regulations or restrictions thereunder,
may petition the said Board of Ad-
justment to modify said regulations
and restrictions as applied to such
property owner and the following
rules shall apply:
1. The Board of Adjustment shall
have a public hearing on said peti-
tion under the same terms and
conditions as hereinafter provided
for the hearing of appeals by the
Board of Adjustment.
2. The Board of Adjustment in mak-
ing any exception to the this Ordi-
nance shall be guided by the gen-
eral rule that the exceptions shall
by their design, construction, and
operation adequately safeguard
the health, safety, and welfare of
the occupants of adjoining and
surrounding property, shall not
impair an adequate supply of light
and air to adjacent property, shall
not increase congestion in the pub-
lic streets, shall not increase public
danger of fire and safety and shall
not donnish or impair established
176
property values in surrounding
areas.
3. The Board of Adjustment is spe-
cifically authorized to permit erec-
tion and use of a building or the
use of premises or vary the height
and area regulations in any loca-
tion for a public service corpora-
tion for public utility purposes or
for purposes of public communi-
cation, including the distribution
of newspapers, which the Board
determines reasonably necessary
for public convenience or welfare.
4. The Board of Adjustment is spe-
cifically authorized to permit the
extension of a district where the
boundary line of a district divides
a lot that is in a single ownership
as shown of record or as shown by
existing contract or purchase at
the time of adoption of a zoning
ordinance or amendment thereto -
but
in no case shall extension of the
district boundary line exceed forty
(40) feet in any direction.
B. To hear and decide appeals where it is
alleged there is an error in any order,
requirements, decision, permit, or de-
termination made by the Building Of
ficial City Planner or designee in the
enforcement of this Ordinance.
. m
C. To authorize an appeal in specific cas-
es, in which such Variance from the
terms of the this Ordinance will not be
contrary to the public interest and the
spirit of the this Ordinance will be ob-
served and substantial justice done;
and where owing to special condi-
tions, a literal enforcement of the pro-
visions of the this Ordinance will re-
sult in unnecessary hardship.
Special conditions shall include but
not be limited to a property owner
who can show that his property was
PART XXV
BOARD OF ADJUSTMENT 2A-52 SPECIAL PERMITS CONDITIONAL. USES, APPEALS, AND VARIANCES.
acquired in good faith and where by
reason of exceptional narrowness,
shallowness or shape of a specific
piece of property or where by reason
of exceptional topographical condi-
tions or other extraordinary or excep-
tional situations, the strict application
of the terms of this Ordinance actually
prohibits the use of his property in a
manner reasonably similar to that of
other property in the district.
2A-52 SPECIAL PERMITS CONDITIONAL
USES, APPEALS, AND VARIANCES.
[Ordinance 3393, 6/10/85]
The Board of Adjustment is hereby estab-
lished which shall hear and decide:
(i) applications for Special Permits
conditional u.,c, upon which the
Board is authorized to pass under
this Ordinance;
(ii) appeals; and
(iii)requests for Variances to the pro-
visions of this Ordinance; and
shall take any other action which
is required of the Board.
A. Special Permits Conditional Utes
Requests for Conditional 'USCG Special
Permits shall be submitted to the Building
Official City Planner who shall forward such
to the Board of Adjustment for consideration,
after recommendation of the Commission.
Such requests shall include a site plan in ac-
cordance with Section 2A-7 (Q) and informa-
tion ordinarily submitted with applications as
well as any additional information deemed
necessary to the Board of Adjustment. The
following provisions shall apply:
1. Purpose: The development and ad-
ministration of this Ordinance' is
based upon the division of the City m -
to Zoning Districts, within which Dis-
tricts the use of land and buildings
and the bulk requirements and loca-
177
tion of buildings and structures in re-
lation to the land are substantially
uniform. It is recognized, however,
that there are certain uses which, be-
cause of their umque characteristics,
cannot be properly classified in any
particular District or Districts without
consideration in each case of the im-
pact of those uses upon neighboring
land and of the public need for the
particular use at the particular loca-
tions. Such uses are typically publicly
operated or affected with a public in-
terest, or uses private in nature, but of
such an unusual nature that their o
eration may give rise to unique prob-
lems with respect to their impact upon
neighboring property or public facili-
ties.
2. Initiation of Special Permit: Any per-
son having a freehold interest in land,
a possessory"interest entitled to exclu-
sive possession, or a contractual inter-
est which may become a freehold in-
terest of an exclusive possessory in-
terest, either of which is specifically
enforceable, may file an application to
use such land for one (1) or more of
the Special 'r Permitted uses provided
for in this (Ordinance m the Zoning
District in which the use(s) are permit-
ted'
3. Authorization: For each application
fora Special Permit, the City>Planner
or designee shall prepare and file with
the Board of Adjustment findings and
recommendations, including the rec-
ommended stipulations of additional
conditions and guarantees that are
deemed necessary for the protection
of the public interest.
4. Standards: No Special Permit shall be
granted by the Board of Adjustment
unless such Board shall find:
(i) That the establishment,'mainte-
nance,`or operation of 'the Special
PART XXV
BOARD OF ADJUSTMENT 2A-52 SPECIAL PERMITS CONDITIONAL USES, APPEALS, AND VARIANCES.
Permit will not be detrimental to
or - endanger the public- health,
safety, morals, comfort, or general
welfare.
(ii)That the Special Permit will not be
injurious to the use and enjoyment
of other property alreadypermit-
ted, nor substantially diminish
and impair property values within
the neighborhood;
(iii) That the Special Permit will not
impede the normal and orderly
development and improvement of
the surrounding property for uses
permitted in the district(s);
(iv) That adequate utilities, access
roads, drainage and/or necessary
facilities have been or are being
provided;
(v) That adequate measures have
been or will be taken to provide
ingress and egress so designed as
to minimize traffic congestion in
the public streets; and
(vi) That the Special Permit shall, in all
other respects, conform to the ap-
plicable regulations of the District
in which it is located, except as
such regulations may, in each in-
stance, be modified by the Board
of Adjustment.
5. Conditions and Guarantees: Prior to
the granting of any Special Permit, the
Board of Adjustment shall stipulate
such conditions and restrictions upon
the establishment, location, construc-
tion, ` maintenance, and operation of
the Special Permit as is deemed neces-
sary for the protection of the public in-
terest and to secure compliance with
the Standards specified in Subsection
_(4) above. In all cases in which Special
Permits are granted, the Board of Ad-
justment shall require such evidence
and guarantees as it may deem neces-
178
sary as proof that the conditions stipm
lated in connection therewith are be-
ing complied with.
6. Denial of Special Permit: No applica-
tion for a Special Permit that has been
denied wholly or in part by the Board
of Adjustment shall be resubmitted
for a period of six (6) months from the
date of denial, except on the grounds
of new evidence or proof of change of
conditions or of the request found to
be valid by the Board of Adjustment.
7. Revocation of Special Permit: h1 any
case where the use under ` an ap-
proved Special Permit has not been
established' or construction com-
menced within one (1) year after the
date of granting thereof, the Board
may act to revoke the Special Permit,
causing it to be null and void. In any
case where the use under an ap-
proved Special Permit has been estab-
lished but ceases for any reason for a
period of more than one (1) year, the
Board may act to revoke the Special
Permit. Also, any person authorized
to initiate a Special' Permit may re-
quest Special Permit
be revoked. Action to revoke an ap-
proved Special Permit shall follow the
same process as action to initiate' a
Special Permit: Any Special Permit so
revoked shall not be considered a le-
gal non -conforming use.
B. Appeals -
[Ordinance 3973, 9/27/93]
Appeals to the Board may be taken by
any person aggrieved or by any officer, de-
partment, board or bureau of the City of Wa-
terloo affected by any decision of the City
Planner or designee. Such appeal shall be
taken within a reasonable time as provided
by the rules of the Board by filing with the
City Planner or designee and with the Board
of Adjustment a notice of appeal specifying
the grounds thereof. The City Planner or des-
PART XXV
BOARD OF ADJUSTMENT 2A-52 SPECIAL PERMITS CONDITIONAL USES, APPEALS, AND VARIANCES.
ignee shall forthwith transmit to the Board all
papers constituting the record upon which
the action appealed from is taken.
An appeal stays all proceedings in fur-
therance of the action appealed from, unless
the City Planter or designee certified to the
Board, after notice of appeal shall have been
filed with him, that by reason of the facts
stated in the certificate a stay would, in his
opinion, cause imminent peril to life or prop-
erty. In such case, proceedings shall not be
stayed otherwise than by a restraining order
which may be granted by the Board or by a
court of record on application of notice to the
City Planner or designee, and on due cause
shown.
C. Variances -
The Board of Adjustment may authorize
upon request in specific cases such Variances
from the terms of this Ordinance that will not
be contrary to the public interest, where ow-
ing to special conditions a literal enforcement
of the provisions of this Ordinance will result
in unnecessary hardship. Special conditions
shall include, but not be Limited to, a property
owner who can show that the property was
acquired in good faith and where by reason
of exceptional narrowness, shallowness or
shape of a specific piece of property or struc-
ture on the property or where by reason of
exceptional topographical conditions or other
extraordinary or exceptional situations, the
strict application of the terms of this Ordi-
nance actually prohibits the use of the prop-
erty in a manner reasonably similar to that of
other property in the district. The Variance
should be the minimum Variance that will
make possible the reasonable use of the land,
building, or structure, and not be injurious to
the surrounding landowners, or otherwise
detrimental to the public welfare. In granting
any Variance, the Board of Adjustment may
prescribe appropriate conditions and safe-
guards in conformity with this Ordinance.
Violations of such conditions and safeguards,
when made a part of the terms under which
the Variance is granted, shall be deemed a
179
violation of this title and punishable as pro-
vided herein. Under no circmunstances shall
the Board of Adjustment grant a Variance to
allow for a use not permissible under the
terms of this Ordinance in the District in-
volved, or any use expressly or by implica-
tion prohibited by the terms of this Ordinance
in the District. Variances granted involving
any regulation of Part XVII Floodway and
Flood Plain Districts must meet the following
applicable standards: [Ordinance 5049,
6/20/11]
1. No Variance shall be granted for any
development within the Floodway
District which would result in any in-
crease in the 100 -year level. Consid-
eration of the effects of any develop-
ment on flood levels shall be based
upon the assumption that an equal
degree of development would be al-
lowed for sirnilarly situated lands.
(Ordinance 3487, 6/15/87)
2. Variances shall only be granted upon
(i)
a showing of good and sufficient
cause;
(ii) a determination that failure to
grant the Variance would result in
exceptional hardship to the appli-
cant; and
(iii) a determination that the granting
of the Variance will not result in
increased flood heights, additional
threats to public safety, extraordi-
nary public expense, create nui-
sances, cause fraud on or victimi-
zation of the public or conflict
with existing local codes or ordi-
nances. [Ordinance 5049, 6/20/11]
3. Variances shall only be granted upon
a determination that the Variance is
the minimum necessary, considering
the flood hazard, to afford relief.
4. In cases where the Variance involves a
lower level of flood protection for
buildings than what is ordinarily re-
PART XXV
BOARD OF ADJUSTMENT 2452 SPECIAL PERMITS CONDITIONAL USES, APPEALS, AND VARIANCES.
quired by this Ordinance, the appli-
cant shall be notified in writing over
the signature of the City Planner or
designee that: (1) the issuance of a Va-
riance will result in increased pre-
mium rates for flood insurance up to
amounts as high as $25 for $100 of in-
surance coverage; and (2) such con-
struction increases risks to life and
property.
5. All Variances granted shall have the
concurrence or approval of the Iowa
Department of Natural Resources
(IDNR).
D. Factors upon which the decision of
the Board shall be based.
In passing upon applications for Condi-
tional Uses or requests for Variances involv-
ing any regulation of Part XVII Floodway and
Flood Plain Districts, the Board shall consider
all relevant factors specified in other sections
of this Ordinance; and:
1. The danger to life and property due to
increased flood heights or velocities
caused by encroachments.
2. The danger that materials may be
swept onto other lands or down-
stream to the injury of others.
3. The proposed water supply and sani-
tation systems and the ability of these
systems to prevent disease, contami-
nation and unsanitary conditions.
4. The susceptibility of the proposed fa-
cility and its contents to flood damage
and the effect of such damage on the
individual owner.
5. The importance of the services pro-
vided by the proposed facility to the
community.
6. The requirements of the facility for a
flood plain location.
180
7. The availability of alternative loca-
tions not subject to flooding for the
purposed use.
8. The compatibility of the proposed use
with existing development and devel-
opment anticipated in the foreseeable
future.
9. The relationship of the proposed use
to the comprehensive plan and flood
plain management program for the
area.
10. The safety of access to the property in
times of flood for ordinary and emer-
gency vehicles.
11. The expected heights, velocity, dura-
tion, rate of rise and sediment trans-
port of the floodwater expected at the
site.
12. The cost of providing governmental
services during and after flood condi-
tions, including maintenance and re-
pair of public utilities (sewer, gas,
electrical and water systems), facili-
ties, streets and bridges. [Ordinance
5049, 6/20/11]
13. Such other factors which are relevant
to the purpose of this Ordinance.
E. Conditions Attached To Special
Permits, Conditional Uses Or Vari-
ances
Upon consideration of the factors listed
above, the Board may attach such conditions
to the granting of Special Permits, Condi-
tional Uses or Variances as it deems neces-
sary to further the purpose of this Ordinance.
Such conditions may include, but not neces-
sarily be limited to:
1. Modification of waste disposal and
water supply facilities.
2. Limitation on periods of use and op-
eration.
3. Imposition of operational controls, su-
reties, and deed restrictions.
PART XXV(A)
PLANNING, PROGRAMMING, AND ZONING COMMISSION2A-52A HEARINGS AND DECISIONS OF THE BOARD OF ADJUSTMENT
4. Requirements for construction of
channel modifications, dikes, levees,
and other protective measures, pro-
vided such are approved by the Iowa
Department of Natural Resources
(IDNR) and are deemed the only prac-
tical alternative for achieving the pur-
poses of this Ordinance.
5. Flood proofing measures shall be de-
signed consistent with the flood pro-
tection elevation for the particular
area, flood velocities, duration, rate of
rise, hydrostatic and hydrodynamic
forces, and other factors associated
with the regulatory flood. The Board
of Adjustment shall require that the
applicant submit a plan or document
certified by a registered professional
engineer that the flood proofing
measures are consistent with the regu-
latory flood protection elevation and
associated flood factors for the par-
ticular area. [Ordinance 3487, 6/15/87]
2A -52A HEARINGS AND DECISIONS OF
THE BOARD OF ADJUSTMENT
[Ordinance 3393, 6/10/85]
A. Hearings -
The Board of Adjustrnent shall give a rea-
sonable time for the hearing on the an appeal,
Special Permit, or Variance, shall give public
notice thereof and decide the same within a
reasonable time. At the hearing any party
may appear in person or by agent, or by at-
torney. Before an appeal request is filed with
the Board of Adjustment, the appellant shall
pay to the City Treasurer to be credited to the
general fund of the City of Waterloo the cost
of publishing said notice and the administra
Live costs of said appeal as determined by the
Beard a filing fee in accordance with the
Schedule of Fees, as adopted by resolution by
the City Council.
B. Decisions -
[Ordinance 3973, 9/27/93]
In exercising the above-mentioned pow-
ers, the Board may, in conformity with the
provisions of law, reverse or affirm, wholly or
partly, or modify the order, requirement, de-
cision, or determination as it believes proper,
and to that end shall have all powers of the
City Planner or designee. The concurring
vote of three of the members of the Board
shall be necessary to reverse any order, re-
quirement, decision, or determination of the
City Planner or designee, or to decide in favor
of the applicant on any matter upon which it
is required to pass under this Ordinance;
provided, however, that the action of the
Board shall not become effective until after
the resolution of the Board, setting forth the
full reason for its decision and the vote of
each member participating therein, has been
spread upon the minutes. Such resolution,
immediately following the Board's final deci-
sion, shall be filed in the office of the Board,
and shall be open to public inspection.
C. Appeals to the Court -
Any person or persons, jointly or sepa-
rately, aggrieved by any decision of the Board
of Adjustment may present to a court of re-
cord a petition, duly verified, setting forth
that such decision is illegal, in whole or in
part, specifying the grounds of the illegality.
Such petition shall be presented to the court
within thirty days after the filing of the deci-
sion in the Office of the Board.
PART XXV(A)
PLANNING, PROGRAMMING,
AND ZONING COMMISSION
181
2A -52B PLANNING, PROGRAMMING,
AND ZONING COMMISSION
A. Appointment - Membership
A EPlanning, 'i Programming,and Zoning
Commission is hereby established which shall
consist of six (6) members from the City at
large and one member of each of the follow-
PART XXV(A)
PLANNING, PROGRAMMING, AND ZONING COMMTSSION2A52B PLANNING, PROGRAMMING, AND ZONING COMMISSION
ing boards - and commissions of the City:
Community Development 'Board, = Human
Rights Commission, and Waterloo < School
Board. The term of office of the members of
the Commission who are appointed by the
other boards and commissions shall coincide
with their term of office on said board or
commissions The members of the Commis-
sion from the City at Large shall serve a term
of office of three (3) years. Any Commission
member can be removed for cause by the City
Council. Vacancies shall be filled for the un-
expired term of any member whose term be-
comes vacant.
B. Rules - Meetings - General Procedure
The Commissionshall adopt rules in ac-
cordancelwith the provisions of this Ordi-
nance. Meetings of the Commission shall be
held at the call of the Chairman and at such
other times' as the Commission may deter-
mine. All meetings of the Commission shall
be open to the public. The Commission shall
keep minutes of its proceedings, showing the
vote of each member upon each question, or
if absent or failing to vote, indicating such
fact, and shall keep records of its examina-
tions and other official actions all of which
shall be filed in the office of the Commission
and shall be a public record.
C. Powers and Duties
The Planning, Programming, and Zoning
Commission shall hold the following powers
and discharge the following duties under this
Ordinance:
1. Make or cause to be made such sur-
vis studies, maps, plans, or charts of
the whole or any portion of the City,
and of any land outside thereof,
which, in the opinion of such Com-
mission, bears relation to the Com-
prehensive Plan and program for de-
velopment of the City, and shall sub-
mit these studies to the City Council.
The Commission may publish' its
studies and recommendations:
182
2. Review all plans, plats, or re -plats of
subdivision or re -subdivision of land
embraced in the City or adjacent the-
reto, laid out in lots or plats with
streets, alleys or other portions of the
same intended to be dedicated to the
public in the City and all proposals for
the vacation of a street, alley or public
ground as required by the Subdivision
Ordinance, or requests to vacate an of-
ficial plat or a portion of an official
plat, or the vacation of any public
easement.
3. For the purpose of making a Compre-
hensive > Plan and program for the
physical development of the City, the
Commission shall make careful and
comprehensive studies of =rp went
conditions and future growth of the
City with due regard to its relation to
neighboring territory: The plan shall
be made with the general purpose of
guiding and accomplishing a coordi-
nated, adjusted and harmonious de-
velopment of the City and its environs
which will, in accordance with present
and future needs, best promote
health, safety, order, convenience,
prosperity and general welfare, as
well as efficiency and economy in
process and development. Any and all
plans and programs for the physical
development of the City existing prior
to the effective date of this Ordinance
shall remain effective until revised or
incorporated by a plan adopted ac-
cording to this Section.
4. Hold at least one (1) public hearing
before the adoption of any such Com-
prehensive Plan or amendment there-
to. The adoption of the Plan or
amendment shall be by resolution of
the Commission carried by the af-
firmative vote of not less than two-
thirds (2/3) of the members in the
case of adoption of a Comprehensive
Plan and by simple majority of the
PART XXVI
OCCUPANCY PERMITS
2A-53 PERMITS.
members in the case of an amendment
to an adopted Plan.
5. Hold at least one (1) public hearing
before any action on requests to
change the zoning regulations or dis-
trict boundaries.
6. Review and provide recommendation
on all Special Permits prior to Board
of Adjustment review.
7. Review and provide recommendation
on such other <matters as the staff or
CityCouncil shall find it advisable or
essential to receive consideration by
the Commission.
PART XXVI
OCCUPANCY PERMITS
2A-53 PERMITS.
[Ordinance 3393, 6/10/85]
A. Occupancy Permits -
[Ordinance 3973, 9/27/93]
No land shall be occupied or used, and no
building hereafter erected or structurally al-
tered shall be occupied or used in whole or in
part for any purpose whatsoever, until a cer-
tificate is issued by the Building Official, City
Planner, or designee, stating that the building
and use comply with the provision of this
Ordinance and the building and health ordi-
nances of the City of Waterloo. No change of
use shall be made in any building or part
thereof, now or hereafter erected or structur-
ally altered, without a permit being issued
therefore by the Building Official, City Plan-
ner, or designee. No permit shall be issued to
make a change unless the changes are in con-
formity with the provisions of this Ordinance.
Nothing in this part shall prevent the con-
tinuance of a non -conforming use as herein-
before authorized, unless a discontinuance is
necessary for the safety of life or property.
Certificates for occupancy and compliance
shall be applied for coincidentally with the
183
application for a building permit, and shall be
..
erection or alteration f the building is corn
pleted. A record of all certificates shall bt
kept on file in the office of the Building Offi
cial, and copies shall .e furnished on request
to any person having a proprietary or ten
ancy interest in the building affected.
No permit for excavation for, or the erec
tion or alteration of any building shall be is
cued before the application has been made for
certificate of occupancy and compliance, and
no building or premixes shall be occupied un
til that certificate and permit is is,,ued.
A certificate of occupancy shall be re-
quired of all non -conforming uses. Applica-
tion for certificate of occupancy for noncon-
forming uses shall be filed within twelve (12)
months after the date of non -conformity fr m
the-ef€eetive-cfa#eef is -Q anee, accom-
panied by affidavits of proof that such non-
conforming use was not established in viola-
tion of Ordinance No. 1734 or amendments
thereto.
B. Flood Plain Development Permit -
A Flood Plain Development Permit issued
by the City Planner or designee shall be se-
cured prior to initiation of any flood plain
development (any manmade change to im-
proved and unimproved real estate, includ-
ing but not limited to buildings or other
structures, mining, filling, grading, paving,
excavation or drilling operations), including
the placement of factory -built homes. [Ordi-
nance 5049, 6/20/11]
1. Application for a Flood Plain Devel-
opment Permit shall be made on
forms supplied by the City Planner or
designee and shall include the follow-
ing information: [Ordinance 3973,
9/27/93]
a. Description of the work to be cov-
ered by the permit for which ap-
plication is to be made.
PART XXVI
OCCUPANCY PERMITS
2A-53 PERMITS.
b. Description of the land on which
the proposed work is to be done
(i.e., lot, block, tract, street address
or similar description) that will
readily identify and locate the
work to be done.
c. Indication of the use or occupancy
for which the proposed work is in-
tended.
d. Elevation of the 100 -year flood.
e. Elevation (in relation to North
American Vertical Datum 1988) of
the lowest floor (including base-
ment) of buildings or of the level
to which a building is to be flood -
proofed.
f. For buildings being improved or
rebuilt, the estimated cost of im-
provements and market value of
the building prior to the im-
provements.
Such other information as the City
Planner or designee deems rea-
sonably necessary for the purpose
of this Ordinance.
g.
2. Flood Plain Development Permits is-
sued on the basis of approved plans
and applications authorize only the
use, arrangement and construction set
forth in such approved plans and ap-
plications and no other use, arrange-
ment or construction. Any use, ar-
rangement, or construction at variance
with that authorized shall be deemed
a violation of this Ordinance and shall
be punishable as provided within this
Ordinance. The applicant shall be re-
quired to submit certification by a
professional engineer or land sur-
veyor, as appropriate, registered in
the State of Iowa, that the finished fill,
building floor elevations, floodproof-
ing, or other flood protection meas-
ures were accomplished in compliance
with the provisions of this Ordinance
184
prior to the use or occupancy of any
structure.
3. All uses or structures in the Flood -
way, Floodway Fringe, General Flood
Plain, and Shallow Flooding Districts
requiring Special Permits shall be al-
lowed only upon application to the
City Plaimer or designee, with issu-
ance of the Special Permit by the
Board of Adjustment. Petitioners
shall include information ordinarily
submitted with applications as well as
any additional information deemed
necessary by the Board of Adjust-
ment. Where required, approval of
the Iowa Department of Natural Re-
sources shall precede issuance of the
Special Permit by the Board of Ad-
justment. [Ordinance 3973, 9/27/93]
C. Floodproofing Measures -
Floodproofing measures shall be de-
signed consistent with the flood protection
elevation for the particular area, flood veloci-
ties, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors asso-
ciated with the regulatory flood. The Board
of Adjustment shall requite that the applicant
submit a plan or document certified by a reg-
istered professional engineer that the flood -
proofing measures are consistent with the
regulatory flood protection elevation and as-
sociated flood factors for the particular area.
Such floodproofing measures may include,
but are not necessarily limited to the follow-
ing:
1. Anchorage to resist flotation and lat-
eral movement.
2. Installation of watertight doors, bulk-
heads, and shutters, or similar meth-
ods of construction.
3. Reinforcement of walls to resist water
pressures.
4. Uses of paints, membranes, or mortars
to reduce seepage of water through
walls.
PART XXVI
OCCUPANCY PERMITS 2A-53 PERMITS.
5. Addition of mass or weight structures
to resist flotation.
6. Installation of pumps to lower water
levels in structures.
7. Construction of water supply and
waste treatment systems so as to pre-
vent the entrance of floodwaters.
8. Pumping facilities or comparable
practices for subsurface drainage sys-
tems for building to relieve external
foundation wall and basement flood
pressures.
9. Construction to resist rupture or col-
lapse caused by water pressure or
floating debris.
10. Installation of valves or controls on
sanitary and storm drains which will
permit the drains to be closed to pre-
vent backup of sewage and storm wa-
ters into the buildings or structures.
11. Location of all electrical equipment,
circuits and installed electrical appli-
ances in a manner which will assure
they are not subject to flooding.
D. Iowa Department of Natural Re-
sources - Required Developmental
Approval
In addition to the Variance and Special
Permit (Conditional Uses), approval by the
Iowa Department of Natural Resources
(IDNR) is required for, but not limited to, the
following types of projects: (Ordinance 3973,
9/27/93]
1. Bridges, culverts, temporary stream
crossings, road embankments in or on
floodway of any river or stream drain-
ing more than two (2) square miles.
2. Construction, operation and mainte-
nance of channel alterations on any
river or stream draining more than
two (2) square miles.
3. Construction, operation and mainte-
nance of dams and impounding struc-
tures in the following instances:
185
a. Any dam designed to provide
permanent storage in excess of
eighteen (18) acre-feet.
b. Any dam which has a height of
ten (10) feet or more and is de-
signed to temporarily store more
than five (5) acre-feet at the top of
dam elevation, or impounds a
stream draining two (2) or more
square miles.
4. Construction, operation and mainte-
nance of any levee or dike along any
stream or river draining more than
two (2) square miles.
5. Waste or water treatment facilities on
the flood plains of any river or stream
draining more than two (2) square
miles.
6. Construction, operation and mainte-
nance of any sanitary landfill located
on a flood plain or floodway of any
river or stream draining more than
two (2) square miles at the landfill
site.
7. Construction, operation and mainte-
nance of any pipeline crossings on any
river or stream draining more than
two (2) square miles.
8. Stream bank protective devices as fol-
lows:
a. Stream bank protective devices
along any river or stream draining
more than one hundred (100)
square miles.
b. Stream bank protective devices
along any river or stream draining
between two (2) and one hundred
(100) square miles where the cross
sectional area of the river or
stream channel is reduced more
than three percent (3%).
9. Excavation on the floodway of any
stream draining more than two (2)
square miles.
PART XXVII
PLATS SITE PLANS 2A-54 PLATS SITE PLANS
10. Boat docks located on any river or
stream (other than a lake) other than
exempted non -floating boat docks
permitted by the Iowa Conservation
Commission.
PART XXVII';
PLATS SITE PLANS
2A-54 PLATS SITE PLANS
Each application for a building permit
shall be accompanied by a plat site plan in
duplicate drawn to scale, showing the actual
dimensions of the lot to be built upon, the
size, shape and location of the building to be
erected and such other information as may be
necessary to provide for the enforcement of
this Ordinance. A record of application and
pl=ate site plans shall be kept in the office of
the inspector of buildings.
PART XXVIII
AMENDMENTS
(Ordinance 2903, 7/11/77]
[Ordinance 3102, 9/22/80]
2A-55 AMENDMENTS.
A. The City Council may, from time to
time, on its own action or on petition,
after public notice and hearings as
provided by law, and after report by
the Zoning Commission, amend, sup-
plement, or change the boundaries or
regulations herein or subsequently es-
tablished, and such amendment shall
not become effective except by the fa-
vorable vote of a majority of all the
members of the City Council.
B. Whenever any person, firm or corpo-
ration desires that any amendment, or
change be made in this Ordinance as
to any property in the City, and there
shall be presented to the Council a pe-
tition requesting such change or
amendment, and clearly describing
186
the property and its boundaries as to
which the change or amendment is
desired, duly signed by the owners of
fifty (50) percent of the area of all real
estate included within the boundaries
of said tract as described in said peti-
tion. A plat shall be submitted show-
ing the name, and address of the
owners of record as found in the
County Assessor's records of all prop-
erty lying within two hundred fifty
(250) feet of the boundaries of the
proposed property to be rezoned.
Owners of record shall be considered
the person or entity listed as the "tax
mail to" contact from the records of
the County Assessor and shall not in-
clude any road as defined herein or
private parcel not-recognizedin the
records of the County Assessor. The
Zoning Commission shall, upon re-
ceipt of said petition and plat, notify
by mail all parties concerned as
shown on said plat of a hearing to be
held by said Commission. The notice
of hearing shall be mailed at least ten
(10) days prior to the hearing and
shall contain a general description of
the proposed property to be rezoned
and the present and proposed zoning
classification. The Zoning Commis-
sion may, upon the unanimous ap-
proval of the members present at a
regular meeting, suspend the above
hearing requirement and initiate the
rezoning request.
C. In case the proposed amendment,
supplement or change be disapproved
by the Planning, Programming and
Zoning Commission or a protest be
presented duly signed by the owners
of twenty percent (20%) or more ei-
ther of the area of land included in
such proposed change or the land in-
cluded in such proposed change,
within two hundred and -fifty (2500)
feet of the boundary of such proposed
change, such amendment shall not be-
PARI' XXIX
VIOLATION, PENALTIES & ENFORCEMENT 2A-56 VIOLATION AND PENALTIES
come effective except by favorable
vote of at Least three-fourths (3/4) of
all the members of the Council.
Whenever any petition for an
amendment, supplement or change of
the zoning regulations herein con-
tained or subsequently established
shall have been denied by the City
Council, no new petition covering the
salve property or the same property
and additional property or any por-
tion of the same property shall be filed
with or considered by the Planing,
Programming and Zoning Commis-
sion until four (4) months shall have
elapsed from the date of denial by the
City Council. [Ordinance 3747, 10/8/90]
For purposes of this Section, a pro-
posed amendment, supplement or
change 'shall include any major Site
Plan Amendment.
No amendment, supplement, change
or modification to the flood plain
overlay district boundaries and regu-
lations shall be undertaken without
prior approval from the Department
of Natural Resources. [Ordinance 3393,
6/10/85]
D. Before any action shall be taken as
provided in this part, the party or par-
ties proposing or recommending a
change in the district regulations or
district boundaries shall deposit with
the City Treasurer a filing fee in ac-
cordance with the Schedule of Fees, as
adopted by resolution by the City
Council, to cover the costs of this pro-
cedure and under no condition shall
said sum or any part thereof be re-
funded for failure of said amendment
to be enacted into law. [Ordinance
3889, 9/14/92] [Ordinance 4841,
10/16/06]
1 . As part of an ordinance changing land
from one zoning district to another
zoning district, or approval of a Site
Plan Amendment, the City Council
187
may impose conditions on a property
which are in addition to existing regu-
lations if the additional conditions
have been agreed to in writing by the
property owner before the public
hearing of the City Council or any ad-
journment of that hearing. The condi-
tions must be reasonable and'imposed
to satisfy public needs which`are'di-
rndl y caused by the requested change
in zoning ' district ' or Site Plan
Amendment. Said conditions shall be
listed on the ordnance or resolution
approving such change.
PART XXIX
VIOLATION, PENALTIES &
ENFORCEMENT
2A-56 VIOLATION AND PENALTIES
[Ordinance 3642, 5/1/89]
[Ordinance 4456, 1/22/01]
A. Any person, firm, or corporation who vio-
lates, disobeys, omits, neglects, or refuses
to comply with or who resists the en-
forcement of any of the provisions of this
Ordinance shall be guilty of a municipal
infraction and be subject to a civil penalty
in the amount of:
Two Hundred Dollars ($200.00) for
the first offense;
Five Hundred Dollars ($500.00) for the
second offense; and
Seven Hundred and Fifty Dollars
($750.00) for each subsequent offense;
in addition to all of the remedies available
under Iowa Code 364.22 (1999) and any
amendments thereto, including but not
limited to ordering the defendant to abate
or cease the violation, authorizing the
City to abate or correct the violation, and
ordering that the City's costs for abate-
ment or correction of the violation be en-
tered as a personal judgment against the
defendant, assessed against the property
PART XXX
VAUDITY
2A-57 ENFORCEMENT.
where violation occurred, or both. [Ordi-
nance 4456, 1/22/01] In additiom to the
penalties stated above, an administrative
fee of one hundred dollars ($100.00) will
be charged for the second offense occur-
ring within one (1) year, and for addi-
tional' offenses occurring within one (1)
year the` administrative fee shall be three
hundred dollars ($300.00) for each addi-
tional offense. Notice of the admimstra-
tive fee,' and procedures for payment, as-
sessment; and appeal of same, shall be as
set forth in section 1-3-2E of the Waterloo
Code of Ordinances.
B. Each day that a violation is permitted to
exist shall constitute a separate offense.
C. The City Planner or designee is hereby
designated and ordered to enforce this
Ordinance. [Ordinance 3973, 9/27/93]
2A-57 ENFORCEMENT.
In case any building or structure is
erected, constructed, reconstructed, altered,
repaired, converted or maintained, or any
building, structure or land is used in violation
of this Ordinance, the Building Official, City
Planner, or designee, in addition to other re-
medies, shall institute any proper action or
proceedings in the name of the City of Water-
loo, Iowa, to prevent such unlawful erection,
construction, reconstruction, alteration, re-
pair, conversion, maintenance, or use, to re-
strain, correct or abate such violation, to pre-
vent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct,
business, or use in or about said premises.
[Ordinance 3973, 9/27/93]
PART XXX
VALIDITY
2A-58 VALIDITY
Should any section or provision of this
Ordinance be declared by a court of compe-
tent jurisdiction to be invalid, that decision
shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the
part so declared to be invalid.
2A-59 FEES
IO/36/06
P . . . ..
[Ordinance 3085, 5/19/80]
[Ordinance 3889, 9/14/92]
[Ordinance 4630, 8/4/03]
Fees pertaining to permits and actions re-
quired by this Ordinance shall be in accor-
dance with the Schedule of Fees, as adopted
by resolution by the City Council. A copy of
the Schedule of Fees shall be on file in the of-
fice of the City Planner.
PART XXXII
DUTIES AND
RESPONSIBILITIES OF THE
CITY PLANNER OR HIS/HER
OFFICIAL DESIGNEE,
188
[Ordinance 3393, 6/10/85]
2A-60 INFORMATION TO BE OBTAINED
OR MAINTAINED
A. It shall be the responsibility of the
City Planner or his official designee
to: [Ordinance 3973, 9/27/93]
1. Review all flood plain develop-
ment permit applications to en-
sure that the provisions of this
Ordinance will be satisfied.
2. Review all flood plain develop-
ment permit applications to en-
sure that all necessary permits
have been obtained from Federal,
State or local governmental agen-
cies.
3. Obtain and record the actual ele-
vation (in relation to mean sea
PART XXXII
DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR HIS/HER OFFICIAL DFSIGNEE2A-60 INFORMATION TO BE OBTAINED OR MA
level) or the lowest floor (includ-
ing basement) of all new or sub-
stantially improved structures,
whether or not the structure con-
tains a basement.
4. For all new substantially im-
proved flood -proofed structures:
a. Verify and record the actual
elevation (in relation to mean
sea level); and
b. Maintain the flood -proofing
certifications required in Part
XXVI, Section 2A-53; (B)-(2).
5. Maintain for public information all
records pertaining to the provi-
sions of this Ordinance.
6. Submit to the Federal hnsurance
Administrator an annual report
concerning the community's par -
189
ticipation in the National Flood
Insurance Program.
7. Review subdivision proposals to
ensure such proposals are consis-
tent with the purpose of this Or-
dinance and advise the City
Council of potential conflicts.
8. Notify adjacent communities
and/or counties and the Iowa De-
partment of Natural Resources
prior to any proposed alteration or
relocation of a watercourse and
submit evidence of such notifica-
tions to the Federal Insurance
Administrator. [Ordinance 3973,
9/27/93]
9. Notify the Federal Insurance Ad-
ministration of any amrrexations or
modifications to the City's boun-
daries.
PART XXXII
DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR HIS/HER OFFICIAL DESIGNEE 2A-60 INFORMATION TO BE OBTAINED OR M.
ORDINANCE NO.
PASSED AND ADOPTED THIS THIRD DAY OF FEBRUARY, 1969
/s/
ATTEST:
/s/ JamcsR. Wilson Suzy Schares, City Clerk
Lloyd L. Turner Ernest G. Clark, Mayor
Passed first reading on January 20, 1969
Passed second reading January 27,19.9
Passed third reading on February 3, 1969
Adopted on ..
Published in the Waterloo Daily The Courier on February 7,196,9
190
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
• COLE
Ward 2
HAROLD
GETTY
Ward 3
QUENTIN
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WAT
RLOO, II (n) W
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262
NOEL C. ANDERSON, Community Planning & Development Director
Council Communication
City Council Meeting: 09/26/11
Prepared: 09/21/11
Dept. Head Signature:
# of Attachments:
EUI
Rss.tk.
(51'
rol.tkt,,,nre_ >l�
SUBJECT: Request to set a date of hearing on the adoption of the City of
Waterloo Zoning Ordinance, which updates and replaces the existing City of
Waterloo Zoning Ordinance No. 2479 adopted 02/03/69 and includes text and an
official zoning map.
Submitted by: Aric Schroeder, City Planner
Recommended City Council Action: Approval.
Summary Statement: Staff has been working with the Planning and Zoning
Commission on major updates to the City of Waterloo Zoning Ordinance. The updates
include significant changes to all portions of the existing Zoning Ordinance, so it is
proposed that a new Zoning Ordinance be adopted, and that the existing Ordinance be
rescinded.
The Planning and Zoning Commission has held multiple special meetings devoted
to reviewing the proposed Ordinance and at the September 13, 2011 Planning,
Programming and Zoning Commission meeting, the Commission unanimously
recommended approval of the new Zoning Ordinance. There are additional
changes being proposed pertaining to regulations on alcohol sales uses that were
not included when the Commission reviewed the request on the 13th. The
Commission will be reviewing these additional proposed changes at their
upcoming meeting on October 4th, and their recommendation will be forwarded on
to the City Council prior to the Council hearing.
Please find attached the revised Zoning Ordinance.
Therefore, we request the City Council set a date of public hearing on the Zoning
Ordinance amendment request as October 10, 2011, and publish an official notice
pertinent to the requested amendment. If you have any questions, please do not
hesitate to contact our office.
Expenditure Required: None
CITY WEBSITE: wwwci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Source of Funds: N/A
Policy Issue: Land Use
Alternative: N/A
Background Information: The existing City of Waterloo Zoning Ordinance No. 2479
was adopted 02/03/69, and over the years there have been multiple amendments to it, but
it was recently decided to do a major overhaul to the Ordinance, making changes to
effectively every section of the Ordinance, and it was therefore decided that it would be
most appropriate to adopt the Ordinance as an entirely new Zoning Ordinance and
rescind the previous Zoning Ordinance. Planning Staff has done significant review and
research into preparing the new Zoning Ordinance in an effort to make the provisions of
the Zoning Ordinance the most appropriate and logical while still being able to achieve
the primary purpose of the Zoning Ordinance as provided by State Code, which includes
to promote the health, safety and general welfare, to protect the value of property
throughout the City and to encourage the most appropriate use of land.
Legal Description: N/A
AS: as
Noel Anderson, Community Planning & Development Director
STATE OF IOWA,
Black Hawk County
I do solemnly swear that the annexed copy of
1364041
NOTICE OF PUBLIC HEARING CITY OF WA
notice was published in the WATERLOO/CEDAR FALLS COURIER
a daily newspaper printed in WATERLOO,
Black Hawk County, Iowa, for 1 issues
commencing on 10/04/2011, in the issues of
10/04/2011
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said
newspaper, and that the following is a correct
bill for publishing said notice.
Printer's Bill $19.60
Subscribed and sworn to before me this
NotarPublic
Received of
the sum of Dollars
in full for publication of the above invoice.
Notary Seal:
NOTICE OF PUBLIC HEARING
CITY OF WATERLOO ZONING
ORDINANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that on the 10th
day of October, 2011, at 5:30 p.m., at .
- City Hall Council Chambers, 715 Mut-
' berry Street in the City of Waterloo, Io-
wa, a public hearing will be held by the
City Council of the City of Waterloo, Io-
wa, on the proposed City of Waterloo
Zoning Ordinance. The proposed ordi
nance updates and replaces the existing
City of Waterloo Zoning Ordinance No.
2479 adopted 02/03/69 and includes text
and an official zoning map.
The proposed ordinance regulates: land
use, bulk requirements and standards
for development (such as lot size, lot
width, density, setback, height, lot cov-
erage, etc.), general regulations, overlay
districts, advertising signs, parking, ex-
ceptions and modifications, Board of
Adjustment ules and procedures, Plan-
ning Programming and Zoning Commis-
sion rules and procedures,lleodway and
floodplain districts and standards for de-
velopment inthe floodway and flood-
plain, provisions for amendments to the
ZoningOrdinance and Zoning Map, vio-
lations penalties and enforcement, fees,
and duties and responsibilities of the
City Planner or his/her official designee.
A copy of the proposed ordinance is on
file in the City Clerk's Office for public
Inspection.
Anyone' interested may appear at that
time and place and be heard or may Ole .
written comments with the City Clerk,
City Hall, 715 Mulberry Street, Waterloo,
Iowa, 50703, before the date set for said
hearing.
Suzy Schares
City Clerk
SUMMARY OF ORDINANCE NO. 5079 ADOPTED ON OCTOBER 17, 2011 BY THE
WATERLOO CITY COUNCIL AS THE ZONING ORDINANCE OF THE CITY OF
WATERLOO, IOWA
This is a summary of the amended and restated Zoning Ordinance of the City of
Waterloo, Iowa (referred to below as the "Ordinance"):
The general purposes of the Ordinance are to promote health, safety, order, prosperity and
general welfare; to conserve and protect property values and to encourage the most appropriate
use of land; to prevent the overcrowding of land and to avoid undue concentration of population,
and to facilitate the adequate provision of transportation, public services, schools, parks and other
public requirements. The Ordinance contains many specially defined terms and phrases to aid in
interpreting and applying the requirements of the Ordinance. In general, the Ordinance
establishes a system of regulating the uses of land and structures throughout the City of
Waterloo, of setting standards applicable in different districts, and of procedures for review and
approval of building or development proposals.
A principal means to carry out these purposes is the definition and creation of various
zoning districts. With the exception of flood plain overlay districts, district boundaries are
indicated on the Digital Official Zoning Map, on file in the office of the City Planner. The major
district categories include agricultural, residential, commercial, business park and industrial
types, with each type containing specific zoning districts. Each zoning district classification sets
forth detailed listings of permitted uses, minimum lot sizes and dimensions, maximum building
heights, the maximum coverage that structures may occupy on a lot, required setbacks, and other
such regulations. Certain districts are referred to as "planned" districts, including residential,
commercial and industrial. In planned districts, the Ordinance may prescribe special standards or
conditions, and the processes for review and approval of site plans, site development plans, and
plan amendments are provided for.
The Ordinance also defines special zoning districts within the City. These consist of
Floodway and Flood Plain Overlay Districts and Highway Corridor Overlay Districts, each with
its own subcategories. Each flood -related subcategory is further detailed by provisions listing
what principal permitted uses and conditional uses are allowed in each flood -related overlay
district, and by listing performance standards which govern each such district.
The Ordinance also lists two separate Highway Corridor Overlay Districts, namely, the
"H -C" Highway 218 Corridor Overlay District and the "H -C" Highway 20 Corridor Overlay
District. Legal descriptions that define each of these overlay districts are set forth at the end of
this summary. The Ordinance sets forth general regulations, landscape requirements, sign and
screening regulations, setback requirements and use restrictions for the included land in each
such district. The Ordinance also creates a Design Review Board for the Highway 218 Corridor
Overlay District to insure conformance with a high degree of aesthetics and to promote quality
and compatible development of land uses, structures and the physical environment within the
Highway 218 Corridor. The Design Review Board is authorized to review and act upon all
applications for design review, according to specified procedures, unless the proposed action
falls within one of the stated exemptions.
In addition to defining and regulating zoning districts, the Ordinance also provides
general regulations for a number of specific zoning issues, including, but not limited to: Fences
(setting forth differing regulations for fences depending on location on a residential or non-
residential property); Home Occupations (allowing certain home occupations so long as stated
conditions are met); Accessory Structures (providing regulations for subordinate structures in
residential and commercial areas, limits on location and size of structures, and requirements for
construction materials); Corner Lots (prescribing yard space and setback requirements);
Visibility at Intersections in Residential Districts (regulating impediments to visibility); Front
Yard (specifying yard space and setback requirements); Conditional Zoning (providing that for
certain zoning changes to a less-restrictive classification, specific plans or designs must be
submitted for review by the Planning, Programming & Zoning Commission); Street Frontage
Roads; Dwelling Standards; and Landscaping Requirements (applicable to special permit uses
and certain zoning districts).
The Ordinance also provides general regulations concerning off-street loading spaces and
off-street parking areas, with general requirements for parking areas, design and surfacing
standards, and surface-water drainage, and minimum space rules. Also included are regulations
pertaining to location, design, maintenance, and other matters for outdoor advertising signs and
billboards.
The Ordinance also has many detailed provisions regulating non-conforming uses of land,
structures, premises, characteristics of use, and lots. These are uses which no longer conform to
Ordinance requirements but in the past conformed with earlier zoning regulations and are
permitted to continue until they are removed; however, non-conforming uses are not encouraged
to survive and are not permitted to be enlarged, expanded or extended. Generally, non-
conforming uses that are discontinued or abandoned in use for a period of twelve (12) months
must thereafter conform with current Ordinance requirements, although for non-conforming
alcohol sales uses the period of discontinuance or abandonment is reduced to three (3) months.
Regarding permits or applications for building or development permits for uses or structures that
later become non-conforming to Ordinance requirements, the Ordinance states that no
conforming change is required for the permit so long as construction is begun within 180 days of
issuance and is carried on in a normal manner and not discontinued for more than a period of 180
days.
For any new development or structural alterations, a site plan must be submitted for
review and approval when a building permit is applied for. The Ordinance prescribes the
information that a site plan must include. For proposed uses that are not covered in any district
as a principal permitted use or a special permit use, the Ordinance establishes procedures for
review and approval of the use.
The Ordinance also has numerous provisions treating various exceptions and
modifications to general Ordinance terms. These regulations include, but are not limited to: Use
of Existing Lots of Record (concerning dwellings built on lots that are of record as of the date of
adoption of the 1969 zoning ordinance, or amendments thereto, that would not conform to certain
later lot dimension standards); Structures Permitted Above Height Limit (providing certain
specific modifications to general height restrictions); Lot Area Requirements (stating minimum
area for certain lots not served by water or sanitary sewer systems of a specified capacity);
Exceptions to Yard Requirements; Existing Open Porches (regulating how far a porch may
extend into a required yard setback); Special Permits (listing numerous buildings and uses for
which a special permit must be obtained, and procedures applicable to review and approval of
2
minor or significant changes to any special permit use); Urban Renewal Plans (providing that the
provisions of an official urban renewal plan will prevail over conflicting Ordinance provisions);
Subdividing of Lots; Solar Collector Systems (stating exceptions to yard and other requirements);
Placement of Mobile Homes; Adult Uses (addressing variances to minimum separation
requirements and restrictions on adult uses that later become non-conforming); Towers and
Wireless Communication Towers (regulating the placement, review process, and design
standards and requirements for such towers); Buffers (requiring physical buffers between certain
zoning districts); Limited Alcohol Use Sales (prescribing a right of audit for such uses); and
Wind Energy Facilities (providing requirements for location and setbacks, construction, design,
allowable use standards, mitigation of collateral effects, and other matters).
The Ordinance establishes a Board of Adjustment (referred to as the "Board") and
provides for its makeup, rules and procedures for meetings and hearings, powers, standards for
decisions, for appeals to the Board from City Planner decisions, and for appeals to court from
Board decisions. In general terms, the Board has the power, in appropriate cases and subject to
appropriate conditions and safeguards, to issue special permits and to grant variances to
provisions of the Ordinance.
The Ordinance also establishes the Planning, Programming and Zoning Commission
(referred to as the "Commission") and provides for its makeup, rules and procedures for
meetings, and powers. The Commission has power, among other things, to undertake actions in
relation to the City=s Comprehensive Plan, review subdivision plats, review proposals to vacate
streets, alleys, plats and public grounds and easements, make recommendations on all special
permits before Board review of same, and make other recommendations to the city council.
Also in the Ordinance are requirements directed to specific types of permits, including
occupancy permits, flood plain development permits and related floodproofing measures, and
matters for which approval is needed from the Iowa Department of Natural Resources. The
Ordinance contains basic content requirements for plats. Fees for permits and other actions
governed by the Ordinance are set by resolution adopted by the city council, and a schedule of
fees is available from the office of the City Planner.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to
comply with or who resists the enforcement of any of the provisions of the Ordinance shall be
guilty of a municipal infraction and be subject to a civil penalty in the amount of:
Two Hundred Dollars ($200.00) for the first offense;
Five Hundred Dollars ($500.00) for the second offense; and
Seven Hundred and Fifty Dollars ($750.00) for each subsequent offense;
in addition to all of the remedies available under Iowa Code 364.22 and any amendments thereto,
including but not limited to ordering the defendant to abate or cease the violation, authorizing the
City to abate or correct the violation, and ordering that the City=s costs for abatement or
correction of the violation be entered as a personal judgment against the defendant, assessed
against the property where violation occurred, or both. In addition to the penalties stated above,
an administrative fee of one hundred dollars ($100.00) will be charged for the second offense
occurring within one (1) year, and for additional offenses occurring within one (1) year the
administrative fee shall be three hundred dollars ($300.00) for each additional offense. Notice of
the administrative fee, and procedures for payment, assessment, and appeal of same, shall be as
3
set forth in section 1-3-2E of the Waterloo Code of Ordinances. Each day that a violation is
permitted to exist shall constitute a separate offense. The City Planner or designee is designated
and ordered to enforce the Ordinance.
The above is only a summary of the Ordinance and not the complete text of the
Ordinance. There are many details and specific terms, conditions, and requirements that have not
been provided in this summary. Questions should be directed to the office of the City Planner.
The Ordinance may be inspected in its entirety at the office of the City Planner, 715 Mulberry
Street, 2nd Floor, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00
a.m. and 5:00 p.m.
The Ordinance will become effective upon publication of this summary.
LEGAL DESCRIPTIONS
"H -C" Highway 218 Corridor Overlay District: Commencing at a point 300 feet westerly of
the intersection of Corporate City Limits and Highway 218 South; thence continuing 300 feet in
even width northerly along Highway 218 and then westerly along I-380 to Hess Road. Thence
northerly along Hess Road and LaPorte Road to the intersection of East Mitchell Avenue; thence
westerly along East Mitchell Avenue to the intersection of Dena Street if extended; thence
northerly along Dena Street to Byron Avenue, thence westerly on Byron Avenue to Wisconsin
Street; thence northerly along Wisconsin Street to Hawthorne Avenue; thence westerly along
Hawthorne Avenue to Ohio Street; thence northerly on Ohio Street to Forest Avenue; thence
westerly on Forest Avenue to Minnesota Street; thence northerly along Minnesota Street to
Bertch Avenue; thence westerly along Bertch Avenue to Oregon Street; thence northerly along
Oregon Street to Williston Avenue; thence westerly along Williston Avenue to Linwood Avenue;
thence northerly along Linwood Avenue to South Street; thence following South Street westerly
to West Mullan Avenue; thence continuing westerly on Leland Avenue to Sunnyside Avenue;
thence southerly on Sunnyside Avenue to Randall Street; thence westerly on Randall Street to
Oaklawn Avenue; thence southerly on Oaklawn Avenue to West Wellington; thence westerly on
West Wellington if extended to Black Hawk Creek; thence northerly along Black Hawk Creek to
Falls Avenue; thence westerly on Falls Avenue to Fletcher Avenue; thence northerly on Fletcher
Avenue to Harwood Avenue; thence northwesterly along Harwood Avenue to Knoll Avenue;
thence northerly on Knoll Avenue to Rock Island Avenue; thence westerly on Rock Island Avenue
to Englewood Avenue; thence northerly on Englewood Avenue to Bismark Avenue; thence
westerly on Bismark Avenue to Magnolia Parkway. Thence northerly on Magnolia Parkway to
Stratford Avenue; thence westerly on Stratford Avenue to Kirkwood Avenue; thence northerly on
Kirkwood Avenue to Upton Avenue; thence westerly on Upton Avenue to Galloway Court;
thence northerly on Galloway Court to Maynard Avenue; thence northwesterly on Joy Drive to
Gayle Street; thence northerly on Gayle Street to C C & P Railroad; thence northwesterly along
railroad to intersection of Faber Road if extended; thence southerly to Rainbow Drive; thence
westerly to a point 300 feet westerly of intersection of Rainbow Drive and Greenhill Road;
thence following Highway 218 North ROW northerly and westerly 300 feet in even width to
West Corporate Limits; thence northerly to a point 300 feet north of ROW; thence easterly 300
feet in even width to 300 feet westerly of Airport Boulevard; thence northerly 300 feet in even
width to West Airline Highway; thence easterly along West Airline Highway to a point 300 feet
4
easterly of Airport Boulevard; thence southerly in 300 feet even width to Cedar River; thence
following the Cedar River to the By -Pass Channel; thence following the By -Pass Channel to
Conger Street; thence southwesterly on Conger Street to Westfield Avenue; thence along
Westfield Avenue to River Road; thence continuing on River Road to West Mullan Avenue;
thence continuing on Commercial Avenue to West Second Street; thence southwesterly to West
Second Street to Jefferson Street; thence southeasterly on Jefferson Street to West Tenth Street;
thence northeasterly on West Tenth Street to Commercial Street; thence southeasterly on
Commercial Street to West Twelfth Street; thence southwesterly on West Twelfth Street to
Jefferson Street; thence southeasterly on Jefferson Street to West Seventeenth Street; thence
northeasterly on West Seventeenth Street to Commercial Street; thence southeasterly on
Commercial Street to West Nineteenth Street; thence southwesterly on West Nineteenth Street to
Jefferson Street; thence southeasterly on Jefferson Street to LaPorte Road; thence continuing on
Paper Mill Street to Gladys Street; thence southerly on Gladys Street to Hawthorne Avenue;
thence from Hawthorne Avenue along Sheffield Avenue if extended to East Mitchell Avenue;
thence westerly along East Mitchell Avenue to Birmingham Avenue and Iowa Northern Railway;
thence southeasterly on Railway ROW to 300 feet northerly of I-380; thence easterly 300 feet in
even width to Corporate Limits, thence southerly along southerly Corporate Limits the 300 feet
southeasterly of I-380 ROW; thence continuing southwesterly to intersection of Cedar Terrace
Drive and Texas Street; thence following Texas Street to East Shaulis Road; thence from East
Shaulis Road in 300 feet even width to Corporate Limits.
"H -C" Highway 20 Corridor Overlay District: A parcel of land lying in the following
Sections: Section 11, Township 88, Range 13; Section 10, Township 88, Range 13; Section 9,
Township 88, Range 13; Section 8, Township 88, Range 13; Section 7, Township 88, Range 13;
Section 6, Township 88, Range 13; Section 1, Township 88, Range 14; all in the City of
Waterloo, Black Hawk County, Iowa; Beginning at the intersection of the centerline of Hess
Road and the southerly right-of-way line of U.S. Highway 20, thence south 300 feet, thence
westerly along a line 300 feet normally distant of the southerly right-of-way line of U.S. Highway
20 to the westerly Corporate Limits, thence north to a point 300 feet north of the northerly right-
of-way line of U.s. Highway 20, thence easterly along a line 300 feet normally distant of the
northerly right-of-way line of U.S. Highway 20 to the centerline of Hess Road, thence south to
the point of beginning.
5
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262
NOEL C. ANDERSON, Community Planning & Development Director
Council Communication
City Council Meeting: 10/10/11
Prepared: 10/05/11
Dept. Head Signature:
# of Attachments:
q5ceA )JY1: °[t0'9 -61i
024, y lotc-4«
ck-CJiO. 506
SUBJECT: Request to adopt an Ordinance amending the City Code of
DAVID Ordinance, Title 3 Business and License Regulations, Chapter 2 Liquor Control.
J ONES
Ward 1
CAROLYN
COLE Recommended City Council Action: Approval.
Ward 2
Submitted by: Aric Schroeder, City Planner
HAROLD
GETTY
Ward 3
QUENTIN
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
Summary Statement: Staff has been working with the Attorney's Office on updates
to the City of Waterloo Zoning Ordinance pertaining to alcohol sales uses. In addition
to the changes to the Zoning Ordinance, changes are proposed to 3-2 of the Code of
Ordinances to make the provisions of the Code be consistent with the provisions of the
Zoning Ordinance, to add wording requiring a licensee or permittee to be responsible
for their premises to prevent loitering, littering, violation of noise ordinances, or
consumption of alcohol beverages in public areas by patrons of such alcohol sales
uses. The proposed changes also include several other wording changes to clean up
the chapter and make it more current and consistent.
Please find attached the proposed changes to 3-2 of the Code of Ordinances. If you
have any questions, please do not hesitate to contact our office.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Land Use
Alternative: N/A
Background Information:
Legal Description: N/A
AS: as
cc: Noel Anderson, Community Planning & Development Director
--file--
CITY WEBSITE: wwwci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Proposed changes to the City Code of Ordinances, Title 3 Business and License
Regulations, Chapter 2 Liquor Control
3-2-1: PURPOSE:
The purpose of this chapter is to provide administration of licenses and permits and for local
regulations and procedures for the conduct of the sale and consumption of beer and liquor, for
the protection of the safety, morals and general welfare of this community.
3-2-2: DEFINITIONS:
Where words and phrases used in this chapter are defined by state law, such definitions are
adopted by reference and shall apply to their use of those words and phrases in this chapter
and arc adopted by reference. Those definitions so adopted that need further definition or are
reiterated, and other words and phrases used herein, shall have the following meanings:
CLUB: Any nonprofit corporation or association of individuals, which is the owner, lessee or
occupant of a permanent building or part thereof, membership in which entails the prepayment
of regular dues and is not operated for a profit other than such profits as would accrue to the
entire membership.
COMMERCIAL ESTABLISHMENT: A place of business which is at all times equipped with
sufficient tables and seats to accommodate twenty five (25) persons at one time, and the
licensed premises of which conforms to the ordinances of the city.
GROCERY STORE: Any retail establishment, the principal business of which consists of the
sale at that location of food-er food products or beverages for consumption off the premises,
where the volume of sales of such items and other products, but not including alcoholic
beverages, is more than fifty percent (50%) of the total volume of all . The volume of sales of all
other items, commodities and materials sold by the establishment. shall be included with the
ve _ • e _ - _ _ - - -d sales of -beer -shall -net equal or exceed fifty percent (50%) of the
dollar volume of all sales made by the establishment to meet the test that foed s -roust-be
the principal business thereof.
HOTEL OR MOTEL: A premises licensed by athc state agency_ _ •• - • _ _ _ _ . _ - and
regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and
with twenty (20) or more sleeping rooms.
LEGAL AGE: The legal age as defined by state laws -
PERSON OF GOOD MORAL CHARACTER: Any person, as such term is defined by Chapter
123 of the Code of Iowa, who meets all of the following requirements:
A. He or she has such financial standing and good reputation as will satisfy the city council and
the d+rectoradministrator that he or she will comply with the Iowa Alcoholic Beverage Control
Act and all other laws, ordinances and regulations applicable to his or her operations under
state law.
B. He or she does not possess a federal gambling stamp.
C. He or she is not prohibited by the provisions of subsection 3-2-10B of this chapter from
obtaining a liquor license or beer permit.
D. He or she 4is a citizen of the United States and a resident of Iowa, or is licensed to do
business in Iowa in the case of a corporation.
E. He or she has not been convicted of a felony. However, if thehis conviction of a felony
occurred more than five (5) years before the application for a license or permit, and if his or
her rights of citizenship have been restored by the governor, the administrator -di -rester may
determine that he or she is a person of good moral character notwithstanding such
conviction.
F. If such person is a corporation, partnership, association, club or hotel or motel, the
requirements as set out in this definition shall apply to each of the officers, directors and
partners of such person, and to any person who directly or indirectly owns or controls ten
percent (10%) or more of any class of stock of such person or has an interest of ten percent
(10%) or more in the ownership or profits of such person. For the purpose of this provision,
an individual and his spouse shall be regarded as one person.
PHARMACY: A retail establishmentdg-stere in which prescription drugs and medicines are
compounded and/or
sold by a licensed
registered pharmacist, where the volume of sales of such items and other products, but not
including alcoholic beverages, is more than fifty percent (50%) of the total volume of all items,
commodities and materials sold by the establishment.
3-2-3: ELIGIBILITY FOR LIQUOR CONTROL LICENSE OR BEER PERMIT:
Upon meeting the requirements imposed by state law and the ordinances of this city, a person
who is of good moral character, as defined by state law and this chapter, may apply for a Iigser
control license or a beer permit. In the case of a club, corporation,-er partnership or other entity,
the officers of the club,-er corporation or entity, and the partners of a partnerships shall be
persons of good moral character, as defined by state law and this chapter.
3-2-4: APPLICATION FOR LICENSE OR PERMIT:
A. Investigation Of Applicant: Upon receipt of an original application for a liquor license or beer
permit by the city clerk, it shall be forwarded to the chief of police, who shall conduct an
investigation and shall submit a written report on the applicant as to the truth of the facts
averred in the application and a recommendation to the city council as to the approval of the
license or permit. It shall be the duty of the health inspector, the building inspector and the
fire chief to inspect the premises to determine if they conform to the requirements of the city,
and no license or permit shall be approved until or unless an approving report has been filed
with the city council by such officers.
B. Civil Liability: Every liquor control licensee and Class B beer permittee shall furnish proof of
financial responsibility either by the existence of a liability insurance policy or by posting
bond in such amount as determined by the divisiondepartment.
2
C. Application For Renewal: Upon receipt of an application for the renewal of a liquor -license or
beer permit, it shall be forwarded to the chief of police only, who shall conduct an
investigation and shall submit a written report on the applicant as to the truth of the facts
answered in the application and a recommendation to the city council as to the approval of
the license or permit.
D. Action By City Council: Action taken by the city council shall be so endorsed on the
application and thereafter the application, fee and bond shall be forwarded to the fewa-beef
end liquor control departmentdivision for such further action as is provided by law.
3-2-5: LICENSE AND PERMIT TERMS; SEASONAL PERMITS:
All liquor -control -licenses and beer permits, unless sooner suspended or revoked, shall expire
one year from date of issuance. Six (6) or eight (8) month seasonal licenses or beer permits
may be issued for a proportionate part of the license or permit fee. No seasonal license or
permit shall be renewed except after a period of two (2) months. Seasonal licensing shall be
only as permitted by state regulation.
3-2-6: CONDITIONS OF LICENSE OR PERMIT:
A. Investigations: An applicant for a liquor control license or-bccr permit, as a further condition
for approval by the city council, must give consent in writing on the application, that
members of the fire, police and health departments and the building inspector may enter
upon the premises without warrant to inspect for violations of the provisions of state law and
of this chapter.
1. No liquor control license or beer permit shall be approved for premises which do not
conform to all applicable laws, ordinances, resolutions and health and fire regulations.
2. No licensee shall have or maintain an interior access to residential or sleeping quarters
unless permission is granted by the state beer and liquor control directoradministrator in
the form of a living quarters permit.
3. The premises for which a Class B beer permit is sought must be located within a
business district or an area now or hereafter zoned as a business district and conform to
the zoning requirements of the city.
4. The premises of a Class B beer permit shall, at the time of the application, continue to be
equipped with sufficient tables and seats to accommodate twenty five (25) persons at one
time.
5. No state liquo - - - - - - - - -
educational institution unless a Icsscr distance is specifically authorized by chapter.
- -99 - - - - - - -
B. Visibility From Licensed Premises: The licensed premises of any beeflicensee or liquor
permittee shall be clearly visible at any hour from the outside, whether the licensee or
permittee is open for business, or otherwise, and the following regulations shall be complied
with as a condition for approval by the city council:
3
1. The entrance of the licensed premises which is primarily used by patrons shall have a
door or window which provides an unobstructed view of the main seating and/or serving
area of the licensed premises with the minimum dimensions of nine inches by nine
inches (9" x 9") set into the door or window at eye level, which shall be approximately
fifty six inches (56") to sixty four inches (64") above the ground level of the premises.
2. Any window presently in existence, which is mounted at eye level in an exterior wall
adjoining the seating and/or serving area, shall have a minimum of nine inches by nine
inches (9" x 9") of unobstructed view into the licensed premises.
3. Any licensed premises which has the serving area located within a permanent building
whereby the main seating and/or serving area are not immediately accessible nor visible
from a public street shall have an unobstructed opening to the main seating and/or
serving area as provided in subsection B1 and/or B2 of this section.
4. The required openings as provided in subsections B1 and B2 of this section shall not be
obstructed, in any fashion, to hinder clear view into the main seating and/or serving area
of the licensed premises.
5. The building inspector, or designee, shall be solely responsible for the enforcement of
these provisions- of this subsection B. Upon inspection, notice of noncompliance shall be
sent to the holder of the liquor licencelicensee or beer permitpermittee and to the city
clerk for appropriate action in accordance with this section.
6. Compliance by the licensee or permittee with the terms and conditions of this subsection
shall occur within thirty (30) days from the effective date of this section or no later than
the time of the renewal of the beer or liquor license, whichever last occurs. or permit.
Failure to timely comply may result in suspension or revocation of the liquor license or
permit in accordance with this chapter.
C. Separate Locations For Class B.Or C: Every person holding a Class B or Class C beer
permit having more than one place of business where such beer is sold shall be required to
have a separate license for each separate place of business, except as otherwise prohibited
by state law.
D. Nature Of License Or Permit: A liquor control license or beer permit shall be a purely
personal privilege and be revocable for cause. It shall not constitute property, nor be subject
to attachment and execution nor be alienable nor assignable, and in any case it shall cease
upon the death of the permittee or licensee. However, the directoradministrator may, in his
or her discretion, allow the executor or administrator of the estate of a permittee or licensee
to operate the business of the decedent for a reasonable time not to exceed the expiration
date of the permit or license. Every permit or license shall be issued in the name of the
applicant and no person holding a permit or license shall allow any other person to use
same.
E. Transfers: The city council will, in its discretion, authorize a licensee or permittee to transfer
the license or permit from one location to another within the city, provided that the premises
to which the transfer is to be made would have been eligible for a license or permit in the
first instance and such transfer will not result in the violation of any law or ordinance.
4
3-2-7: REFUNDS:
Any such licensee or permittee, or thehis executor; or administrator of his or her estate, or any
person duly appointed by the court to take charge of and administer the property or assets of
the licensee or permittee for the benefit of his or her creditors, may voluntarily surrender such
license or permit to the departmentdivision and when so surrendered the departmentdivision
shall notify the city, and the departmentdivision and the city, or the city itself in the case of a
retail beer permit, shall refund to the person so surrendering the license or permit a
proportionate amount of the fee paid for such license or permit as follows: if surrendered during
the first three (3) months of the period for which said license or permit was issued, the refund
shall be three-fourths (3/4) of the amount of the fee; if surrendered more than three (3) months
but not more than six (6) months after issuance, the refund shall be one-half (1/2) of the amount
of the fee; if surrendered more than six (6) months but not more than nine (9) months after
issuance, the refund shall be one-fourth (1/4) of the amount of the fee. No refund shall be made,
however, for a liquor control license or beer permit surrendered more than nine (9) months after
issuance. No refund shall be made to any licensee or permittee, upon the surrender of thehis
license or permit, if there is at the time of said surrender a complaint filed with the
departmentdivision or the city, charging him with a violation of this chapter or provisions of the
Iowa Beer and LiquorAlcoholic Beverages Control Act. If upon hearing on any such complaint
the license or permit is not revoked or suspended, then the licensee or permittee shall be
eligible, upon surrender of theh-is license or permit, to receive a refund as herein provided. But if
his or her license or permit is revoked or suspended upon such hearing, he or she shall not be
eligible for the refund or any portion of his or her license or permit fee. No refund shall be made
for seasonal licenses or permits.
3-2-8: PROHIBITED ACTS AND CONDITIONS:
No person er b -holding a liquor icense or beer permit, nor thehis agents or employees of
such person, shall do any of the following:
A. Prohibited Interest: It shall be unlawful for any person or persons to be either directly or
indirectly interested in more than one class of beer permit.
B. Sales To Intoxicated Persons: Sell, dispense or give to any intoxicated person, or one
simulating intoxication, any alcoholic liquor or beerbeverages.
C. Closing Hours: Sell or dispense any alcoholic liquor or beerbeveraqes on the premises
covered by the license or permit, or permit the consumption thereof between the hours of
two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on any weekday, and between the hours
of two o'clock (2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following Monday,
however, a holder of a liquor control license or Class B beer permit granted the privilege of
selling alcoholic liquor or beer on Sunday may sell or dispense such liquor or beer between
the hours of twelve o'clock (12:00) noon and ten o'clock (10:00) P.M. on Sunday.
D. Sales On Credit: Sell alcoholic liquor or beerbeverages to any person on credit, except with a
bona fide credit card. This provision shall not apply to sales by a club to its members nor to
sales by a hotel or motel to bona fide registered guests.
5
E. Adding Alcohol To Beer: In the case of a retail beer permittee, knowingly allow the mixing or
adding of alcohol or any alcoholic beverage to beer or any other beverage in or about the
permittees his place of business.
F. Dancing: No dancing shall be permitted unless the licensee or permittee has first secured a
dance hall license under the provisions of the ordinances of the city-,
G. Obscenity: Cause, permit, procure, counsel or assist any person who is acting as a waiter,
waitress, host, hostess, dancer or entertainer on the licensed premises to:
1. Expose his or her genitals, pubic hair, perineum, anus region or pubic hair region; or
2. Expose or wear any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, perineum, anus region or pubic hair region; or
3. Comes into any physical contact with any customer; or patron; within the establishment,
other than when assisting said customer or patron when entering, leaving, seating or
serving.
For purposes of this subsection, a person shall be deemed a waiter, waitress, host,
hostess, dancer or entertainer if such person acts in that capacity without regard to
whether such person is paid any compensation by the liquor control licensee or -beer
permittee, or by an his agent or employee thereof.
H. Obscene Pictures: Cause, procure, counsel or assist any person in showing or displaying
motion pictures, slides, photographic or other printed displays within the licensed premises
which depict or show the genitals, pubic hair, perineum, anus region or pubic hair region of
either the male or female.
I. Beer Brand Signs Prohibited: No signs or other matter advertising any brand of beeralcoholic
beverage shall be erected or placed upon the outside of any premises occupied by a
licensee or permittee authorized to sell beer at retail.
J. Consumption In Public Places; Intoxication: It is unlawful for any person to use or consume
alcoholic liquors or beerbeverages upon the public streets or highways, or alcoholic liquors
in any public place, except premises covered by a liquor control license, and no person shall
be intoxicated nor simulate intoxication in a public place.
3-2-9: PROHIBITED ACTS INVOLVING MINORS:
It shall be unlawful to:
A. Employment Of Minors: Employ any person under the age of eighteen (18) years old in the
sale or serving of alcoholic liquor or beerbeverages for consumption on the premises where
sold.
B. Sales To Minors: Sell, give or otherwise supply any alcoholic beverages or beer to any
person knowing or having reasonable cause to believe him or her to be under legal age, or
6
permit any person knowing or having reasonable cause to believe him or her to be under
legal age, to consume any alcoholic beverage or beer.
C. Persons Under Legal Age: No person shall sell, give or otherwise supply alcoholic liquor or
beerbeverages to any person knowing or having reasonable cause to believe him or her to
be under legal age, and no person or persons under legal age shall individually or jointly
have alcoholic liquor or beerbeverages in his, her or their possession or control; except in
the case of liquor or beeran alcoholic beverage given or dispensed to a person under legal
age within a private home and with the knowledge and consent of the parent or guardian for
beverage or medicinal purposes or as administered to him or her by either a physician or
dentist for medicinal purposes and except to the extent that a person under legal age may
handle alcoholic beverages and becr during the regular course of his or her employment by
a liquor control licensee or beer permittee under state law.
D. Minors Prohibited From Certain Premises:
1. Policy And Purpose: It is the purpose and intent of this provision to preclude
minorspersons under twenty one (21) years of age from entering or remaining in those
establishments whose sale or dispensing of alcoholic beverages is more than fifty
percent (50%) of the business conducted therein. Although the ultimate responsibility for
the minor's unlawful presence lies with that minor, the licensee or permittee and his or
her employees have a responsibility to make reasonable scrutiny of those reasonably
suspected to be unlawfully present.
2. It shall be unlawful for the holder of a license or permit issued pursuant to the Iowa
a licensee or permittee for premises where more than
fifty percent (50%) of the business conducted therein is the sale or dispensing of
alcoholic beverages, and for any person employed upon such premises to knowingly
permit or fail to take reasonable measures to prevent the entry oonto such premises of
any and all persons who have not yet attained the legal age for the lawful purchase and
possession of alcoholic beverages.
3. It shall be unlawful for any person who has not yet attained ttaelegal age forIawful
purchase and/or possession of alcoholic beverages to enter upon such premises as are
described in subsection D2 of this section except as provided for herein.
4. The provisions of subsection D2 of this section shall not apply in the following
circumstances:
a. The underage minor is an employee of the license holderlicensee or permittee, or
performing a contracted service with respect to said premises.
b. The underage person is accompanied by a parent, legal guardian or spouse who is of
legal age for the purchase and/or possession of alcoholic beverages.
c. The underage minor is on the premises during a time that the licensee or permittee
has, in accordance with a written notice and plan given in advance to the chief of
police, suspended the dispensing of alcoholic beverages on the licensed premises or
on a clearly delineated part of the licensed premises operated under a differentiating
7
trade name. It shall be the strict duty of a licensee or permittee who authorizes such
underage minor to be on the licensed premises pursuant to such plan, and of all
persons employed with respect to said premises, to prevent the underage minor from
consuming and/or possessing alcoholic beverages on said premises.
Police officers shall be admitted upon the premises at any time to monitor compliance
with all applicable laws. Failure to comply with that duty, whether knowingly or
otherwise, shall be punishable as a violation of this subsection.
5. It shall be the duty of the licensee or permittee to display in a prominent place a printed
sign, no smaller than eight inches by ten inches (8" x 10") in size, boldly printed and
reading as follows:
WARNING TO MINORS: You are subject to punishment under the Waterloo city code
if you are on the premises without your parent or legal guardian or spouse or if you
attempt to possess and/or purchase any alcoholic beverages.
3..2-9A: PREMISES CONTROL:
A licensee or permittee shall comply with the following requirements:
A. Employ reasonable methods to monitor the premises and all parking lots, streets, alleys and
sidewalks abutting such premises to prevent loitering, littering, violation of noise ordinances,
or consumption of alcoholic beverages in public places by the patrons of such business. If
such activity is observed, then the owner or manager shall promptly report such violations to
the police department.
B. Post signs on the exterior of the business premises advising patrons to comply with
ordinances against loitering, littering, public alcohol consumption. and excessive noises. No
less than one sign shall be posted, conspicuously and in a manner calculated to come to
the attention of business patrons, on each side of the building along which patrons can
reasonably be expected to pass.
C. No less than daily on each day that the premises is open for business, pick up and properly
dispose of all litter on the property and any area within fifty (50) feet thereof that is not
apparently protected against public entry by means of a wall, fence, gate, hedge or similar
barrier.
3-2-10: SUSPENSION AND REVOCATION:
A. Material Facts For Suspension And Revocation:
1. The city may suspend a license or permit issued pursuant to this chapter for a period not
to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed
one thousand dollars ($1,000.00) per violation. Before suspension, revocation or
imposition of a civil penalty, the licensee or permit holderpermittee shall be given written
notice and an opportunity for a hearing pursuant to state law.
8
2. A license or permit issued under this chapter may be suspended or revoked, or a civil
penalty may be imposed, on the licensee or permit holderpermittee by the city for any of
the following causes:
a. Misrepresentation of any material fact in the application for such license or permit.
b. Violation of any of the provisions of this chapter or applicable zoning regulations.
c. Any change in the ownership or interest in the business operated under a Class A,
Class B or Class C liquor control license, or any wine or beer permit, which change
was not previously reported to and approved by the local authority and the state.
d. An event which would have resulted in disqualification from receiving such license or
permit when originally issued.
e. Any sale, hypothecation or transfer of the license or permit.
f. The failure or refusal on the part of any licensee or permittee to render any report or
remit any taxes to the division under this chapter when due.
g. Violation of the terms or conditions or any agreement entered into with governing
authority with respect to a license or permit.
3. A criminal conviction is not a prerequisite to suspension, revocation or imposition of a
civil penalty pursuant to this section. The city shall notify the division in writing of the
action taken and shall notify the licensee or permitlicense holder of the right to appeal a
suspension, revocation or imposition of a civil penalty to the division. Civil penalties
imposed and collected by the city under this section shall be retained by the city.
4. The city may suspend any rota w,ne o boor permit or liquor control license for a
violation of an ordinance or regulation adopted by the city.
5. When a liquor -license or wine or beer permit is suspended, after a hearing as a result of
violations of this chapter by the licensee; or permittee, or the liccnscc'Ghis or
permittee'sher agents or employees, the premises which were licenceol4)y4h-csubiect to
a license or permit shall not be relicensed for a new applicant until the suspension has
terminated or time of suspension has elapsed, or ninety (90) days have elapsed since
the commencement of the suspension, whichever occurs first. However, this section
does not prohibit the premises from being relicensed to a new applicant before the
suspension has terminated or before the time of suspension has elapsed or before
ninety (90) days have elapsed from the commencement of the suspension, if the
premises prior to the time of the suspension has been purchased under contract, and
the vendor under that contract has exercised the person's rights under Iowa Code
chapter 656 and sold the property to a different person who is not related to the previous
licensee or permittee by marriage or within the third degree of consanguinity or affinity
and if the previous licensee or permittee does not have a financial interest in the
business of the new applicant. As to any applicant, licensee or permittee that is not a
natural person, the limitations of this subsection shall apply with reference to each
9
natural person who is required to be a person of good moral character under section 3-
2-2 of this chapter.
6. If the cause for suspension is a first offense violation of Iowa Code section 123.49(2)(h),
or subsection 3-2-8D of this chapter, the city shall impose a civil penalty in the amount of
three hundred dollars ($300.00) in lieu of suspension of the license or permit. The city
shall retain civil penalties collected under this subsection if the proceeding to impose the
penalty is conducted by the city.
B. Effect Of Revocation: Any liquor control licensee, wine permitt or beer permittee whose
license or permit is revoked under this chapter shall not thereafter be permitted to hold a
liquor control license+t or beer permit in the state of Iowa for a period of two (2)
years from the date of revocation. A spouse or business associate holding ten percent
(10%) or more of the capital stock or ownership interest in the business of a person whose
license or permit has been revoked shall not be issued a liquor control license, wine permit
or beer permit, and no liquor control license,--wine-berm-Et or beer permit shall be issued
which covers any business in which such person has a financial interest for a period of two
(2) years from the date of revocation. If a license or permit is revoked, the premises which
had been covered by the license or permit shall not be relicensed for one year.
C. Appeal And Hearing: When the city imposes an administrative sanction or disapproves a
license application, the'i^�eapplicant may appeal the city's action to the Alcoholic
Beverages Division of the state of lowadivision. The appeal must be in writing and must be
filed with the division within twenty one (21) days from the date that the licensccapplicant
was notified of the city's action.
3-2-11: PENALTIES:
A. Any licensee, permittee or person violating any of the provisions of this chapter shall be
subject to a fine of one hundred dollars ($100.00) for the first offense, two hundred fifty
dollars ($250.00) for the second offense, and five hundred dollars ($500.00) for each
subsequent offense or imprisonment of thirty (30) days. Repeated violations may result in
the suspension and/or revocation of the licensee's or permittee's license.
B. The conviction of any liquor control -licensee or -beef permittee of a violation of any of the
provisions of this chapter may, subject to subsection C of this section, be grounds for the
suspension or revocation of the license or permit by the city. However, if any liquor control
licensee is convicted of any violation of Iowa Code section 123.49, subsection (2),
paragraphs a, d or e, or if any beer permittee is convicted of a violation of Iowa Code section
123.49 subsection (2), paragraph a, all -of -the = - - - - - ` - , •
license or beer -permit may be revoked and upon revocation shall immediately
surrender the liquor control license or beer -permit, and the bond of the licensee or perra[t
belderpermittee shall be forfeited to the Alcoholic Beverages Division of the Iowa
ivision.
C. If any licensee, beer or permittee, or any employee of thea licensee or permittee, is convicted
of a violation of subsection 3-2-9B of this chapter, or a feta -Class B beer permittee is
convicted of a violation of subsection 3-2-8E of this chapter, the city may, in addition to the
other penalties fixed for such violations by this section, assess a penalty as follows:
10
1. Upon a first conviction, the violator's liquor control license or beer permit may be
suspended for a period of fourteen (14) days.
2. Upon a second conviction within a period of two (2) years, the violator's liquor control
license or beeF permit may be suspended for a period of thirty (30) days.
3. Upon a third conviction within a period of three (3) years, the violator's liquor control
license or beer permit shall be suspended for a period of sixty (60) days.
4. Upon a fourth conviction within a period of three (3) years, the violator's liquor control
license or beer permit shall be revoked.
11
1
Page 1 of 2
MARIA ARMSTRONG
From: ARIC SCHROEDER
Sent: Wednesday, October 05, 2011 9:16 AM
To: NOEL ANDERSON; SUZY SCHARES; MARIA ARMSTRONG
Cc: 'Chris Wendland'; PATTIE MAGEE
Subject: RE: Zoning Ordinance Changes
Please find attached a Council Communication for the Code of Ordinances amendment, and the
proposed changes.
As I noted below, this amendment was not being driven by our department, so I don't know much about it
or the process it needs to take, so I'm not sure I have all needed information in the communication. If
anyone feels any changes are needed, please let me know. I think it was indicated that no hearing is
needed, so I therefore assume that no publication is needed. If no changes, the attachments can serve
as the final Council Communication.
Thanks,
Aric
From: ARIC SCHROEDER
Sent: Tuesday, October 04, 2011 1:43 PM
To: NOEL ANDERSON; SUZY SCHARES
Cc: 'Chris Wendland'
Subject: RE: Zoning Ordinance Changes
The Code of Ordinance part wasn't really being driven by our department. I have no problem throwing a
Council communication together, but don't know if it will say what it needs to say. If it doesn't really need
to say anything other than "approve the attached changes", then I've got it covered.
Aric
From: NOEL ANDERSON
Sent: Tuesday, October 04, 2011 1:34 PM
To: ARIC SCHROEDER; SUZY SCHARES
Cc: 'Chris Wendland'
Subject: RE: Zoning Ordinance Changes
Aric - please ensure we have necessary paperwork (Council Communication, etc.) -- either from our
office, or from Clerk's, or attorney's -- for the Code of Ordinances steps to match the Zoning Ordinance.
thanks all for working on this,
Noel
Noel Anderson
Community Planning & Development Director
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Phone 319.291.4366
Fax: 319.291.4262
Cell: 319.290.6357
"To the world you may be one person, but to one person you may the world." - Heather Cortez
10/5/2011
From: ARIC SCHROEDER
Sent: Monday, October 03, 2011 5:07 PM
To: COUNCIL MEMBERS; MAYOR CLARK; SUZY SCHARES
Cc: NOEL ANDERSON; Chris Wendland; Tim Jamison
Subject: RE: Zoning Ordinance Changes
All,
I'm re -sending the below e-mail, with attachments.
Page 2 of 2
Note the third attachment is changes to the Code of Ordinances that is what was intended to be the discussion of the
Ordinance Committee this evening, and will have to be added to an agenda of the Ordinance Committee next Monday,
the same evening as the item will be on the regular agenda for adoption.
Please review all the documents and if you have any questions, comments, or suggested changes, please get those to
me prior to next Monday and we can try and address the issues at the hearing next week.
Thanks,
Aric
From: ARIC SCHROEDER
Sent: Tuesday, September 27, 2011 5:05 PM
To: COUNCIL MEMBERS; MAYOR CLARK; SUZY SCHARES
Cc: NOEL ANDERSON; 'Chris Wendland'
Subject: Zoning Ordinance Changes
Mayor and Council,
Please find attached a digital copy of the proposed Zoning Ordinance. The second attachment provides an overview of
the changes that were not included in the Planning and Zoning Commission's action on September 13th when they
recommended approval of the proposed Zoning Ordinance, and these additional changes will be reviewed by the
Commission at their October 4th meeting. These changes are included in the first attachment, but provide for a little
easier way to view the additional changes, which includes the alcohol use changes.
The third attachment is changes that Mr. Wendland is proposing to the Code of Ordinances relating to alcohol licenses.
Let me know if anyone has any questions.
Thanks,
AR1C A. SCHROEDER
City Planner
City of Waterloo Community Planning and Development
715 Mulberry Street
Waterloo, IA 50703
Phone: (319) 291-4366
Fax: (319) 291-4262
www.ci.waterloo.ia.us
10/5/2011
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward I
CAROLYN
COLE
Ward 2
HAROLD
GE1TY
Ward 3
QUENI'IN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WATERLOO, IOWA
CITY HALL • 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286
CITY OF WATERLOO
Council Communication
City Council Meeting: October 17, 2011
Prepared: October 4, 2011
Dept. Head Signature: Mayor Buck Clark
# of Attachments: 1
SUBJECT: Hotel/Motel Tax Ordinance Change
Submitted by: Mayor Buck Clark
Recommended City Council Action: I recommend that the council adopt a change to the hotel/motel tax
ordinance as follows:
1.8A-7: Local Transient Guest Tax Fund:
D. The revenue derived from any hotel and motel tax authorized by this article shall be used as follows:
1. Fifty (50) percent to the Waterloo Convention and Visitors Bureau, Inc. for the promotion of tourism.
2. Twenty (20) percent, or a minimum of $150,000.00, to the Five Sullivan Brothers Convention Center.
3. Ten (10) percent to the Waterloo City Council for discretionary purposes.
4. Fifteen (15) percent to recreation, culture, conventions, entertainment. The Board of Directors of the
Waterloo Convention and Visitors Bureau, Inc. shall make recommendations every January, or as
otherwise requested, to the City Council concerning the allocation of these funds. (Ord. 4584, 10.28-
2002)
5. Five (5) percent to the Grout Museum District for the promotion of tourism.
Summary Statement: The recommended changes are indicated in bold, italics and underlined.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: None
Alternative:
Background Information: Billie Bailey, Executive Director of Grout Museum District,has requested the above
mentioned annual allotment.
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Sterling Codifiers, Inc. Page 1 of 1
1-8A-7: LOCAL TRANSIENT GUEST TAX FUND:
A. There is created in the office of the state treasurer a local transient guest tax fund which
shall consist of all monies credited to such fund under this article.
B. All monies in the local transient guest tax fund shall be remitted at least quarterly by the
state treasurer, pursuant to rules of the director of revenue and finance of the state, to
the city in the amount collected from business in said city.
C. Monies received by the city from this fund shall be credited to the general fund of such
city, subject to the provisions of subsection D of this section. (Ord. 4052, 11-14-1994)
D. The revenue derived from any hotel and motel tax authorized by this article shall be used
as follows:
1. Fifty percent (50%) to the Waterloo convention and visitors bureau for the promotion of
tourism.
2. Twenty percent (20%), or a minimum of one hundred fifty thousand dollars
($150,000.00), to the Five Sullivan Brothers Convention Center.
3. Ten percent (10%) to the Waterloo city council for discretionary purposes.
4. Twenty percent (20%) to recreation, culture, conventions, entertainment. The board of
directors of the Waterloo convention and visitors bureau shall make recommendations
every January to the city council concerning the allocation of these funds. (Ord. 4584,
10-28-2002)
http://www.sterlingcodifiers.com/codebook/printnow.php 10/11/2011
Written Comments to Place on File
For October 17, 2011
Council Agenda Item No. 12
Changes to ,Hotel
/Motel Tax Ordinance
Ordinance approving changes to
1 -8A -Z. Local Transient
Guest Tax Fund,
Section D
Page 1 of 3
SUZY SCHARES
From: Carolyn Cole [Carolyn.Cole@vgm.com]
Sent: Monday, October 17, 2011 8:10 AM
To: MAYOR CLARK; SUZY SCHARES
Subject: FW: Concerning item on next Monday's City Council agenda
Importance: High
For the record
From: Tim Hurley [mailto:wardlalo@mchsi.com]
Sent: Saturday, October 15, 2011 10:42 AM
To: CAMMIE SCULLY; COUNCIL MEMBERS
Cc: David Jones; Carolyn Cole; BOB GREENWOOD; Steve Schmitt; HAROLD GE I I Y
Subject: Re: Concerning item on next Monday's City Council agenda
Importance: High
Dear council members:
Please don't do this.
Yes, I am a member of the WCA Board of Directors, so I share Cammie's position that, while The Grout
District is a long-time and wonderful quality of life component to the City of Waterloo as well as the
entire Cedar Valley, dedicating this much of the hotel -motel tax to a single organization is too high of a
price to pay. I am always reluctant to get directly involved in council/city business, but I did spend a lot
of time and effort during my time in office working with the CVB and the council trying to balance the
disbursement formula so that available funds could be distributed in the fairest and broadest manner
for maximum effect. I don't know what the CVB board's position is on this issue, but would hope that
they are leery of it.
If you lean towards the Grout request, what id the quid pro quo? Does COW get a voting seat on the
Grout board? Does the City have any recourse in how these funds are spent? Does the City have any
influence on the overall Grout budget? Is Grout looking to become a City entity?
Thanks for all you have done and are doing. Again, I like to stay away from the issues you get into, but I
could not refrain from expressing my thoughts on this one, which comes as quite a surprise by the way.
Tim Hurley, citizen
From: CAMMIE SCULLY
Sent: Saturday, October 15, 2011 10:12 AM
To: COUNCIL MEMBERS
Cc: David Jones ; Carolyn Cole ; BOB GREENWOOD ; Steve Schmitt ; HAROLD GETTY
Subject: RE: Concerning item on next Monday's City Council agenda
Dear Mayor and Council members,
Prior to voting on your decision to change the hotel/motel ordinance on Monday night to decrease CVB's
allocation and to dedicate $60,000 to Grout on an annual basis, please take a look at the comparison below of
Grout's marketing budget vs. our marketing budget as well as visitation and attendance statistics and some
10/17/2011
history of the establishment of the hotel/motel tax.
WCA
- $41,000 marketing budget (82% from grants)
- $1,191,079 operating budget
- 1 staff (+ —$45,000 salary/benefits)
- 750 annual hotel rooms
- 113,411 annual attendance
Grout Museum District
- $80,654 marketing budget
$1,261,288 operating budget
2.5 staff (+ $83,525 salary/benefits)
- 225 annual hotel rooms
75,000 annual attendance
Page 2 of 3
History: The first ordinance was written in 1994 after the hotel -motel tax was passed. Grout, Waterloo Center for
the Arts, Waterloo Community Playhouse and Symphony staff played a significant role in getting that tax
established our 4 organizations lobbied for its development and when it was adopted, all 4 of us consequently
received significant funds as we were the primary organizations lobbying to pass the referendum .
I was then the Chair of the CVB board and worked with Mayor Al Manning to set up the distribution process
utilizing the CVB board to review the process and award the grants. Over the years the ordinance has been
changed and that pot has been spread over so many organizations that the maximum any one organization can
now receive is $10,000 --not nearly as significant for our organization as when the first ordinance was put in place.
Dedicating 25% of those funds now to one organization will further reduce that fund and greatly hamper our ability
to market our organization.
Further, if Grout receives this annual allocation, there is no reason to expect that WCP, Symphony and WCA will
not also come after a dedicated portion as those 3 organizations were equally responsible for getting that tax
established along with Grout. This is a slippery slope to establish "entitlement" funds to any one organization and
opens the door to similar requests in the future.
Questions: Will Grout then be taken out of the CVB pool? How about the City Council Discretionary pool? As you
will note above, their marketing budget is already significantly higher than ours and our visitation is much higher
as are our overnight stays.
I just caution you to be careful of "entitlement" funds. Please vote no on changing the ordinance and consider the
impact on all of the other quality of life organizations in the community. Thank you for your consideration.
Cammie Scully
Executive Director
Waterloo Center for the Arts
Note: Please see below. You can help be contacting your council members as well as attending the council
meeting on Monday night at 5:30 in City Council Chambers.
Good afternoon -
There is a very distrubing item on next Monday's City Council agenda that could adversely
affect future marketing/advertising funding for the Waterloo Center for the Arts (and MANY
other community organizations, events and projects) through the Waterloo Convention & Visitors
Bureau's Hotel -Motel Tax grant program.
Here's the background:
As noted in the City of Waterloo Hotel -Motel Tax ordinance, the Waterloo Convention & Visitors Bureau's board is
currently responsible for granting 20% of the Hotel -Motel Tax funds to community organizations/projects that
enhance the city's recreation, culture, conventions, and entertainment. Through their annual grant process,
organizations can receive funding for a variety of tourism -enhancing events, projects, and programs. This is one
of the primary sources of marketing/advertising funds for the Waterloo Center for the Arts. This stream of
money is only awarded through a grant application process, where the CVB board evaluates, scores and makes
recommendations for funding.
10/17/2011
Page 3 of 3
Here's the issue:
The Grout Museum District is requesting that the City Council re -write the Hotel -Motel Tax ordinance to decrease
the 20% Hotel -Motel Tax grant pool to 15% and guarantee that the remaining 5% of these funds will be given to
the Grout Museum District every year. This ordinance change would reduce the total % to be spent on grants
(35-50 organizations receive funding each year through these grants, including the WCA). And this would
automatically give approximately $60,000 to the Grout EVERY year without them having to go through any type of
grant process....that's $60k that no other worthy projects would be eligible for, and it's nearly triple of what any
organization was allowed to receive in the past through the Hotel -Motel tax grant process.
How you can help!
Please bend a councilperson's ear between now and Monday and/or also attend the council meeting next
Monday (Oct.17) to show support for the current ordinance. Changing the ordinance is not a forward -moving
decision for what's best for the community at large. By guaranteeing this specialized funding for the Grout, it takes
away potential funding for the many other worthy, community -enhancing, tourism -driving organizations/projects
each year. None of these other community organizations receive this type of 'guaranteed' funding - not even city
entities such as the WCA or Leisure Services.
And, just for perspective, here is a comparison of the
WCA
- $41,000 marketing budget (82% from grants)
- $1,191,079 operating budget
- 1 staff (+ -445,000 salary/benefits)
- -750 annual hotel rooms
- 113,411 annual attendance
Grout and WCA marketing stats/impact:
Grout Museum District
- $80,654 marketing budget
$1,261,288 operating budget
- 2.5 staff (+ $83,525 salary/benefits)
- 225 annual hotel'rooms
- 75,000 annual attendance
This is nothing personal against the Grout Museum District - there is no question that they are a wonderful,
community asset. However, changing the ordinance in this way would limit the CVB's opportunity to be
supportive of the other current (and future) community partners who - together - make this community what it is.
Attached is the contact information for the City Council, and also the agenda item that is slated for next
Monday's Council meeting (so you can see the changes that the Grout is requesting in the ordinance). If
you have any questions, please don't hesitate to call us, or Aaron Buzza at the Waterloo Convention & Visitors
Bureau (319-233-8350, aaron(@travelwaterloo.com).
Thank you for your time and support - let's help ensure that this ordinance change is turned down at
Monday's meeting.
10/17/2011
Page 1 of 1
SUZY SCHARES
From: Carolyn Cole [Carolyn.Cole@vgm.com]
Sent: Monday, October 17, 2011 8:11 AM
To: MAYOR CLARK; SUZY SCHARES
Subject: FW: Hotel -Motel Tax Ordinance
For the record.
From: Dianne Phelps[mailto:phelps.dianne@gmail.com]
Sent: Sunday, October 16, 2011 1:15 PM
To: quentin.hart@waterloo-ia.org
Cc: david.jones.wardl@gmail.com; Carolyn Cole; harcarge@aol.com; rigrx@aol.com;
sschmitt@schmitthouse.com
Subject: Hotel -Motel Tax Ordinance
To Waterloo's City Council,
I support the current ordinance. It would be grossly unfair to change this ordinance. This is one of the
major sources of marketing/advertising funds for the Waterloo Center for the Arts. Please please please
consider the marketing stats/impact between the WCA and the Grout Museum and explain how this
could be a fair change. Why choose one organization to receive an entitlement when there are many
other EQUALLY wonderful organizations that could be negatively impacted unfairly because of this
change. Consider also that they were not the only ones to lobby and work for the adoption of the first
ordnance. Please be wise in considering this entitlement.
Respectfully submitted,
Dianne Phelps
10/17/2011
Page 1 of 1
SUZY SCHARES
From: Carolyn Cole [Carolyn.Cole@vgm.com]
Sent: Monday, October 17, 2011 8:11 AM
To: MAYOR CLARK; SUZY SCHARES
Subject: FW: Grout Museum
FYI
From: Anna Smith [mailto:aes122397@aol.com]
Sent: Sunday, October 16, 2011 7:21 PM
To: sschmitt@schmitthouse.com; rjgrx@aol.com; harcarge@aol.com; Carolyn Cole;
david.jones.wardl@gmail.com; quentin.hart@waterloo-ia.org; jan.smith@wellsfargo.com
Subject: Grout Museum
Throughout my life I have visited the Grout Museum District many times. Some of my favorite memories are
museum school in third grade, hosting my 8th birthday there, and spending rainy days walking through the
Museum admiring the historical exhibits. I also enjoy taking friends and family from out of town to the Grout to
see the great things they have to offer. I think it is important that we know and learn the history of the Cedar
Valley. The Grout is an amazing facility and I hope that it is there for my children. Please consider the Grout as
an option in receiving the 5% Hotel/Motel Tax, it would be a great thing for this community.
Thank you,
Anna Smith
8th grade
Hoover Middle School
10/17/2011
SUZY SCHARES
From: MAYOR CLARK
Sent: Monday, October 17, 2011 8:06 AM
To: SUZY SCHARES
Cc: COUNCIL MEMBERS
Subject: FW: Support for the Grout Museum District
From: MICHELLE WESTPHAL
Sent: Monday, October 17, 2011 8:01 AM
To: MAYOR CLARK
Subject: FW: Support for the Grout Museum District
From: Sally Yakish [mailto:yakishsallyb@mchsi.com]
Sent: Saturday, October 15, 2011 8:33 AM
To: MICHELLE WESTPHAL
Subject: Support for the Grout Museum District
Page I of 1
Hello Mr. Clark,
I am writing to ask for your support in changing the hotel/motel ordinance to allocate 5% of these tax
receipts to the Grout Museum District, so the Cedar Valley can continue to offer this wonderful cultural
resource to our tourists, visitors, and the community.
Thank you very much,
Sally Yakish
1937 Harrow Rd, Waterloo 50701
319-233-9339
10/17/2011
(Trout Needs Your Help! Page 1 of 3
:ARIA ARMSTRONG
From: SUZY SCHARES
Sent: Friday, October 14, 2011 4:37 PM
To: MARIA ARMSTRONG
Subject: FW: Grout Needs Your Help!
Please print for the file Monday.
Suzy Scbares, CMC
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-452243008
From: MAYOR CLARK
Sent: Friday, October 14, 2011 4:35 PM
To: SUZY SCHARES
Subject: FW: Grout Needs Your Help!
FYI and for file.
From: Diane Graham [mailto:dgraham@mainstreetwaterloo.org]
Sent: Friday, October 14, 2011 4:29 PM
To: dgraham@mainstreetwaterloo.org
Subject: Grout Needs Your Help!
----Original Message
From: Jeff Kurtz [mai!to:jkurtz@mainstreetwaterloo.org]
Sent: Friday, October 14, 2011 4:28 PM
To: 'Diane Graham'
Subject: FW: Grout Needs Your Help!
Dear Downtown Stakeholders...something for your consideration.
Jeff Kurtz
Main Street Waterloo
From: Cyd McHone[mailto:cyd.mchone@gmdistrict.org]
Sent: Thursday, October 13, 2011 12:29 PM
Subject: Grout Needs Your Help!
The Waterloo City Council will be taking up the issue of stabilized city support of the Grout
Museum District at their next council meeting. This is a matter that the Grout has been
struggling with for years and was most recently adopted in our strategic plan as a primary goal.
You can do two things to help us. You can call your city council member and you can join us on
Monday, October 17 at 5:30 p.m. at Waterloo City Hall. Attached you will find some material
that I hope you will find useful as you speak to council members. Thank you for anything that
you can doll
«FAQ.doc» «One Page Support.dor»
2010 Through 2011
CITY OF WATERLOO
MAYOR AND CITY COUNCIL MEMBERS
City Hall — 715 Mulberry Street 50703
Phone 319-291-4301
Fax 319-291-4286
10/14/2011
;rout Needs Your Help! Page 2 of 3
AME WARD HOME ADDRESS Office phone Home phone
Buck Clark
Bob Greenwood
Mayor 217 Normandy St.(03) 291-4301 233-0421
mayor@waterloo-ia.orq
At -Large 3553 Muirfield Drive (01)
rigrx@aol.com
234-1589 236-3585
Steve Schmitt At -Large 1910 Kitty Hawk Drive (01) 232 -3701 -Ext. 201
David Jones 1't Ward
Carolyn Cole
sschmitt@schmitthouse.com 232-1191 - FAX
1930 Crabapple Ln. (01) 233-1380
david.jones.ward 1@gmail.com
2nd Ward 836 Lynkaylee Drive (01) 274-6509 231-1021
Harold Getty 3rd Ward
Carolyn.Cole@vgm.com
1555 Woodmayr Drive (03) 232-2128
harcarne@aol.com
Quentin Hart 4th Ward 745 Boston Avenue (03) 296-4463 504-8072 or
quenbn.hart@waterloo-Ia.orq 235-2799
ghart@hawkeyecollege.edu
Quentin.hart@hawkevecollege.edu
Ron Welper 5th Ward
On Monday, October 17,
Cyd McHone
Director of Development & Marketing
Grout Museum District
503 South St.
Waterloo, Iowa 50701
319/234-6357
10/14/2011
1120 W Eighth Street (02) ' 234-6013
RonWeIper@RmaiLcom
-rout Needs Your Help!
vww.groutmuseumd istr i ct.org
10/14/2011
Page 3 of 3
Grout Museum District
City Support - History and Frequently Asked Questions
History
1970s and 1980s
The Grout Museum of History & Science received $20,000 to $30,000 each year for
operating support from the City's general fund, which amounted to approximately 6% of
the Grout's operating budget at the time.
1981
The city leadership sought to bring a hotel/motel 5% tax vote to the citizens. The
City asked the Grout Board of Directors to support the tax. They were told that if the tax
passed, the Grout would be asked to step out of the general fund pool and receive funding
from the Hotel/Motel tax. The Grout Board agreed and actively supported the vote and
voters approved the tax. The Grout was specifically mentioned in the original ordinance in
section d. 1. b: ... revenue derived from any tax shall be used as follows:...to attractions
which enhance tourism, including, but not limited to the Five Sullivan Brothers Convention
Center, the Grout Museum...
1992
o Waterloo approves increase in Hotel/Motel Tax to 7%
o Council resolution calling for votes specifies Grout as one of the recipients of
these funds.
Present
Grants to Grout fluctuate from $7,500 - $20,000 per year
Frequently Asked Questions
Q:
A:
Q:
Doesn't the Grout already receive city funding?
No. The only city funds received by the museum are through grants from the
hotel/motel tax.
Why does the Grout need city support?
A: During the research for the Feasibility Study for the Sullivan Brothers Iowa Veterans
Museum, it was determined that the Grout's support from government sources has
not kept pace with other like -sized museums. According to the American
Association of Museums, the average museum gets 20% of its budget from
government sources. The Grout receives less than 1%. A primary goal of the 2003
Business Plan is for the Grout Board of Directors to seek increased government
support.
Q:
A:
Q:
A:
Why is the Grout asking to be funded directly from the Hotel/Motel tax?
With the addition of the Sullivan Brothers Iowa Veterans Museum, the museum
district has exponentially increased its impact on local tourism. The Museum has
hosted over 150 group tours and military reunions in the past 2 years. Tours have
come from 52 counties and 28 states. Due to this increased role in tourism, it seems
to be the most logical funding pool to support the museum.
Why is the Grout asking for support outside of the Convention & Visitors
Bureau grant process?
As the grant process has evolved over the years, the funding levels have not kept
pace with the city's original support of the museum. The varying levels deter the
museum's ability to plan.
Q: The CVB has developed new guidelines for awarding Hotel/Motel tax. Why can't the
Grout go through that process?
A: While we appreciate the work the CVB has done to make their grant process more
quantitative and objective, the current funding level from this pool (if divided evenly
between the four known qualifying institutions) will still only be about $21,000 and
would mostly likely fluctuate from year to year.
Q:
A:
How much is the Grout asking for?
Five (5) percent of the total Hotel/Motel tax (around $59,000), which would be
4.5% of the Grout's current operating budget.
Why should the Grout be treated differently from other area attractions?
The GMD is the only attraction listed as a partner with the City of Waterloo on
the Vision Iowa contract.
❖ This agreement shall be in effect for a period of 21 years from the
agreement effective date - July 13, 2005.
• For the duration of this agreement the Recipients shall cause the
Project to be operated and maintained at a professional level
consistent with the highest industry standards.
A: At one time, the Grout did have a direct funding relationship with the City of
Waterloo and would like to re-establish and make stronger that relationship. While
the Grout is an active partner with the Convention & Visitors Bureau (staff attends
trade shows with CVB staff, Grout purchases coop advertising with CVB in tourism
publications, Grout provides free passes to CVB, and more) the current funding
mechanism is unreliable and fraught with difficulties. It also does not meet the
Grout's goal of stabilized city support or meet the intent of the original ordinance.
Q: How will the Grout Museum District be accountable to the public and City Council?
A: Annual Budget Presentation to City Council
A: Annual Audit will be provided to the City's CFO
A: Grout will submit quarterly report to the CFO about how funds are spent
Q: Will the Grout sign a contract attesting to the accountability measures?
A: YES! The Grout signs contracts with funders on a regular basis.
Grout Museum District
A Case for Support for 5% of Waterloo's Hotel/Motel Tax—October 2011
The Sullivan Brothers Iowa Veterans Museum established the Grout Museum
District as a leading tourism attraction in Waterloo. The points below support
a change to the city ordinance allocating 5% of the hotel/motel tax to the
Grout.
FY 2011 Waterloo Tax Grout Museum Budget FY 2012
$1,182,842* $1,318,287**
5% = $59,142 $59, 142 = 4.5%
* 6% increase from previous year **10% cut from previous year
The Grout Museum District serves people
• 80,742 people in FY 2011
• From 27 states and 5 foreign countries
• 300 volunteers donated over 4,000 hours of work
The Grout Museum District serves the Tourism Industry
• Hosted over 150 group tours and military reunions in past 2 years
• Tours originated in 52 counties and 28 states
• Generated approximately 400 overnight hotel stays
The Grout Museum District is accountable
• Grout Museum representatives will make an annual budget
presentation at a council work session
• The City's CFO will receive a copy of the approved budget and the
annual audit
• Grout representatives will submit quarterly reports to the CFO and
Council about how funds are spent
• Salaries will be shared with the CFO
The Grout Museum District planned for increased operating expenses
• A 2001 feasibility study projected a $400,000 increase in operating
costs (an accurate projection)
® A 2003 business plan outlined increased revenue from admissions,
membership, grants, donations and government support
Thank you for telling council members you support the Grout's proposal.
SUZY SCHARES
From: ghart@mchsi.com
Sent: Tuesday, October 11, 2011 10:13 PM
To: SUZY SCHARES
Subject: Fwd: Oppose Ordinance Change
Forwarded Message
From: "Christa Miehe" <Christa.Miehe@vgm.com>
To: "quentin.hart@waterloo-ia.org" <quentin.hart@waterloo-ia.org>, "david.jones.wardl
@gmail.com" <david.jones.wardl@gmail.com>, "Carolyn Cole" <Carolyn.Cole@vgm.com>,
"harcarge@aol.com" <harcarge@aol.com>, "rjgrx@aol.com" <rjgrx@aol.com>,
"sschmitt@schmitthouse.com" <sschmitt@schmitthouse.com>
Cc: "Aaron Buzza" <aaron@travelwaterloo.com>
Sent: Tuesday, October 11, 2011 4:43:47 PM GMT -06:00 US/Canada Central
Subject: Oppose Ordinance Change
Council members -
As a member of the Waterloo Convention & Visitors Bureau board of directors and a Waterloo
taxpayer I vehemently oppose the proposed hotel motel tax ordinance change that would give
5% to the Grout Museum District. I implore each of you to oppose this change as well.
While there are hundreds of reasons why this change is a bad idea, 1 have narrowed them
down to the most basic and most important here:
- the COW should not be supporting a non -city entity with ongoing allocation of taxpayer
funds
-the COW should not be supporting an ongoing allocation of taxpayer funds to a private
enterprise with no restrictions as to what the money can be spent on. The intention of
these hotel motel tax dollars is primarily as convention and visitor incentives to
programs that regenerate the fund; i.e. heads in beds. If the Grout chooses to spend
these funds on operational expenses, paying down debt, or programs that effect only local
visitors (school groups, etc.) then we'll be wasting our hard earned funds and will see NO
return on investment by selling more hotel rooms.
- The Grout has been funded continuously by the CVB as far back as we can remember,
starting with funding in 1993-1994. In these past 19 years, the CVB has allocated
$255,490! On average that's more than $13,000 annually which in my opinion is more than
fair. This proposed 5% allocation would give them roughly $60,000 EVERY year; nearly 5
times their average received!!! Nothing the Grout has done, or plans to do, deserves them
to receive 5 times more than other local attractions.
- By giving 5% to the Grout, you will be taking approximately $60,000 away from the grant
pool. In a typical funding cycle that would remove the funding for at least 6
applications. That is potentially 6 hotel motel tax -generating events in one year who
would not be funded due to this ordinance.
-Approving this change will be like opening Pandora's box. Every single entity that has
ever received funding from the CVB, worthy or not, will show up at the Council chambers
demanding that they too receive a cut of these funds. There is no justifiable reason that
makes the Grout more worthy than any other organization to receive these funds. And I
believe that Council will have a hard time explaining that to other fund -seeking
organizations. The process that is in place to deem who is worthy to receive funds and
how much, known as the CVB grants, has worked successfully in the past to allocate these
funds. The new grant applications that were just approved last night by Council are even
more favorable to organizations like the Grout that are true tourism partners.
1
I implore you to oppose this ordinance change. Instead allow the CVB grant process to
allocate out funds to worthy organizations. Using the CVB's thoughtful grant applications
and quantifiable scoring rubric hotel motel tax funds will be distributed to those
organizations who meet our tourism goals.
Please let me know if you have any questions. I would be happy to meet with each of you
individually to explain my opposition.
Christa Miehe
VP of Events
VGM & Associates
1111 W San Marnan Dr
Waterloo, IA 50701
877-484-6901
d: 319-274.8484
f: 319.833-4565
2
Oct. 10 Work Session Page 1 of 2
SUZY SCHARES
Subject: FW: Oct. 10 Work Session
Attachments: General Application $30,000.doc
Suzy Schares, CMC
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-4522 #3008
From: Cyd McHone[mailto:cyd.mchone@gmdistrict.org]
Sent: Thursday, October 13, 2011 3:33 PM
To: RonWelper@gmail.com; Quentin Hart; harcarge@aol.com; Carolyn.Cole@vgm.com;
david.jones.wardl@gmail.com; sschmitt@schmitthouse.com; rjgrx@aol.com; mayor@waterloo-ia.org
Cc: Barbara Corson; Billie Bailey
Subject: Oct. 10 Work Session
Dear Mayor and City Council:
Several of you know me, but for those who don't: my name is Cyd McHone and I am the Development
Director at the Grout Museum District. I am also a city appointee to the Waterloo Convention &
Visitors Bureau Board of Directors.
I would like to clarify a matter that was discussed at Monday night's work session regarding the new
CVB grant process. When Aaron Buzza was asked if the issue of tabling the Grout's $30,000 proposal
was related to the new grant process, he rightly responded that the two issues were not related.
However, Dave Buck told the council that the reason the proposal was tabled was because "they didn't
know if it was $50,000 or $30,000 and the proposal didn't state what the funds would be used for". As
I was in attendance at that board meeting I can tell you that that is not the reason the matter was
tabled. The board member who made the motion to table expressed that he was doing so in order for
Aaron to inform the mayor and council that they were troubled that their "process" hadn't been
followed and to ask the Mayor some follow-up questions.
Barbara Corson, Grout Chair, and Billie Bailey, Executive Director, had several meetings, at various
times, with Mayor Clark, Michelle Weidner, Aaron Buzza, Quentin Hart and Harold Getty, and it was
agreed that the GMD would secure city support of $30,000 through a grant to the CVB. Combined with
the 2-$10,000 grants that were already awarded by the CVB , the Grout would receive a total of
$50,000 for this fiscal year. As the person who wrote the Grout's proposal, I can assure you that it
clearly states the requested amount of $30,000 and what the funds would be used for. We have not
had any further requests for information from the CVB.
I have attached the proposal that was submitted to the CVB board for your information.
10/14/2011
Oct. 10 Work Session Page 2 of 2
Thank you for this opportunity to clear up this matter.
«General Application $30,000.doc»
Cyd McHone
Director of Development & Marketing
Grout Museum District
503 South St.
Waterloo, Iowa 50701
319/234-6357
www.groutmuseumdistrict.org
10/14/2011
MARIA ARMSTRONG
From: SUZY SCHARES
Sent: Friday, October 14, 2011 3:31 PM
To: MARIA ARMSTRONG
Subject: FW: Grout Museum District Funding Opinion
image001.jpg (3
KB)
Please print for the file.
Suzy Schares, CMC
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-4522 #3008
Original Message
From: qhart
Sent: Friday, October 14, 2011 3:29 PM
To: SUZY SCHARES
Subject: Fwd: Grout Museum District Funding Opinion
Forwarded Message
From: "Nancy Kinter" <nancy.kinter@gmdistrict.org>
To: mayor@waterloo-ia.org, rjgrx@aol.com, sschmitt@schmitthouse.com, "david jones wardl" <david.jones.wardl
@gmail.com>, "Carolyn Cole" <Carolyn.Cole@vgm.com>, harcarge@aol.com, "quentin hart" <quentin.hart@waterloo-
ia.org>, "Quentin hart" <Quentin.hart@hawkeyecollege.edu>, RonWelper@gmail.com
Sent: Friday, October 14, 2011 2:54:02 PM GMT -06:00 US/Canada Central
Subject: Grout Museum District Funding Opinion
Dear Ladies and Gentlemen:
I would like to express my support for the Grout Museum District receiving 5% of Waterloo's yearly Hotel/Motel Tax.
As a Grout Museum District employee that not only works at the Sullivan Brothers Iowa Veterans Museum/Grout Museum
front desk admitting visitors, but also schedules group tours, answers visitors phone inquiries, and coordinates our district
calendar, I hear first-hand how and why our guests come to visit the Grout Museum District.
1
I hear how veterans of all ages come to the Iowa Veteran's Museum for service reunions, and stay in the area several
days to come back to the museum and visit the other attractions in Waterloo before or after their reunion.
I hear how someone in a nearby town told them the Sullivan Brother Iowa Veterans Museum is a must see, and after their
visit 1 hear how impressed travelers are with their visit to the Grout Museum District.
I take calls from out of town visitors that will be attending workshops or meetings at the museum district and ask about
area hotels.
I record weddings on our calendar, that often have more than one hundred guests in attendance, and some of those
guests plan on staying in Waterloo hotels and eating in local restaurants.
I take program registrations for home school students and boy scout and girl scout groups, and parents registering their
children for science or history programs, many from outlying areas, because of the wide variety of youth opportunities the
district offers that are not available elsewhere. These children will be coming to the museum with their parents and most
likely stop to shop or eat before making the trip home.
I take group tour reservations from senior homes, and bank social groups, and tour operators from all over the Midwest
that have added Waterloo to their itinerary because they want to make a stop at the Grout Museum District.
I know there are many other reasons I could share, but I am sure you get the point.
The Grout Museum District is a major draw for visitors of all ages and all walks of life, because of the diverse facilities and
offerings at the district.
The Grout Museum District fills hotel and motel beds, brings in restaurant and shopping revenue, and plays a large part in
drawing visitors to Waterloo and the surrounding areas.
As a major draw to tourism the Grout Museum District deserves it's fair share of the Hotel/Motel tax it generates, and 5%
is a conservative share of the total Hotel/Motel revenue generated each year.
2
f believe that the Grout Museum District is a major help to the Waterloo Convention and Visitors Bureau mission, by
providing,a top notch visitor destination in the city of Waterloo, and should be recognized as such.
I believe the Grout Museum District should receive a share of the revenue the district helps generate, to allow the district to
continue as the major
tourist destination it has become.
Thank you.
Nancy Kinter
3
Page 1 of 4
MARIA ARMSTRONG
From: SUZY SCHARES
Sent: Friday, October 14, 2011 3:35 PM
To: MARIA ARMSTRONG
Subject: FW: Grout Museum District Request
Please print for Monday.
Suzy Schares, CMC
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-4522 #3008
From: Quentin Hart
Sent: Friday, October 14, 2011 3:34 PM
To: SUZY SCHARES
Subject: FW: Grout Museum District Request
From: Barbara Corson [mailto:barco37@mchsi.com]
Sent: Friday, October 14, 2011 11:21 AM
To: mayor@waterloo-ia.org; rjgrx@aol.com; sschmitt@schmitthouse.com;
david.jones.wardl@gmail.com; Carolyn.Cole@vgm.com; harcarge@aol.com; quentin.hart@waterloo-
ia.org; Quentin Hart; RonWelper@gmail.com
Subject: Grout Museum District Request
Dear Mayor and City Council Members:
Because the method that we attempted to use for receiving support from the hotel/motel tax
failed, we are returning to you to ask that 5% of the hotel/motel tax be allocated directly to the
Grout Museum District. This item is on the agenda for the Monday, October 17, city council
meeting. Below/attached is information outlining the rational for the request. If you need more
information, please don't hesitate to contact Billie Bailey, Executive Director, at 319-234-6357
or me at 319-230-6303.
Please note that this would be a good time to approve this because the hotel/motel tax, to which
the Grout Museum District contributes significantly, increased by 6% last year so the 5% we are
requesting would not result in a dollar amount reduction to any others being supported by this
tax. Your support for this allocation would be immensely appreciated.
Thank you for giving this your consideration.
Barbara Corson
Grout Museum District Board Chair
10/14/2011
Page 2 of 4
Grout Museum District
A Case for Support for 5% of Waterloo's Hotel/Motel Tax—October 2011
The Sullivan Brothers Iowa Veterans Museum established the Grout Museum District as a
leading tourism attraction in Waterloo. The points below support a change to the city
ordinance allocating 5% of the hotel/motel tax to the Grout.
FY 2011 Waterloo Tax Grout Museum Budget FY 2012
$1,182,842* $1,318,287**
5% _ $59,142 $59, 142 = 4.5%
* 6% increase from previous year **10% cut from previous year
The Grout Museum District serves people
• 80,742 people in FY 2011
• From 27 states and 5 foreign countries
• 300 volunteers donated over 4,000 hours of work
The Grout Museum District serves the Tourism Industry
• Hosted over 150 group tours and military reunions in past 2 years
• Tours originated in 52 counties and 28 states
• Generated approximately 400 overnight hotel stays
The Grout Museum District is accountable
• Grout Museum representatives will make an annual budget presentation at a
council work session
• The City's CFO will receive a copy of the approved budget and the annual audit
• Grout representatives will submit quarterly reports to the CFO and Council about
how funds are spent
• Salaries will be shared with the CFO
The Grout Museum District planned for increased operating expenses
• A 2001 feasibility study projected a $400,000 increase in operating costs (an
accurate projection)
• A 2003 business plan outlined increased revenue from admissions, membership,
grants, donations and government support
Thank you for telling council members you support the Grout's proposal.
Grout Museum District
City Support - History and Frequently Asked Questions
10/14/2011
Page 3 of 4
History
1970s and 1980s
The Grout Museum of History & Science received $20,000 to $30,000 each year for operating
support from the City's general fund, which amounted to approximately 6% of the Grout's operating
budget at the time.
1981
The city leadership sought to bring a hotel/motel 5% tax vote to the citizens. The City asked the
Grout Board of Directors to support the tax. They were told that if the tax passed, the Grout would be
asked to step out of the general fund pool and receive funding from the Hotel/Motel tax. The Grout Board
agreed and actively supported the vote and voters approved the tax. The Grout was specifically
mentioned in the original ordinance in section d. 1. b: ... revenue derived from any tax shall be used as
follows: ...to attractions which enhance tourism, including, but not limited to the Five Sullivan Brothers
Convention Center, the Grout Museum...
1992
Waterloo approves increase in Hotel/Motel Tax to 7%
Council resolution calling for votes specifies Grout as one of the recipients of these funds.
Present
Grants to Grout fluctuate from $7,500 - $20,000 per year
Frequently Asked Questions
Q: Doesn't the Grout already receive city funding?
A: No. The only city funds received by the museum are through grants from the hotel/motel tax.
Q: Why does the Grout need city support?
A: During the research for the Feasibility Study for the Sullivan Brothers Iowa Veterans Museum, it
was determined that the Grout's support from government sources has not kept pace with other like -
sized museums. According to the American Association of Museums, the average museum gets 20% of its
budget from government sources. The Grout receives Less than 1%. A primary goal of the 2003 Business
Plan is for the Grout Board of Directors to seek increased government support.
Q: Why is the Grout asking to be funded directly from the Hotel/Motel tax?
A: With the addition of the Sullivan Brothers Iowa Veterans Museum, the museum district has
exponentially increased its impact on local tourism. The Museum has hosted over 150 group tours and
military reunions in the past 2 years. Tours have come from 52 counties and 28 states. Due to this
increased role in tourism, it seems to be the most logical funding pool to support the museum.
Q: Why is the Grout asking for support outside of the Convention & Visitors Bureau grant process?
A: As the grant process has evolved over the years, the funding levels have not kept pace with the
city's original support of the museum. The varying levels deter the museum's ability to plan.
Q: The CVB has developed new guidelines for awarding Hotel/Motel tax. Why can't the Grout go
through that process?
A: While we appreciate the work the CVB has done to make their grant process more quantitative and
objective, the current funding level from this pool (if divided evenly between the four known qualifying
10/14/2011
Page4of4
institutions) will still only be about $21,000 and would mostly likely fluctuate from year to year.
Q: How much is the Grout asking for?
A: Five (5) percent of the total Hotel/Motel tax (around $59,000), which would be 4.5% of the Grout's
current operating budget.
Q: Why should the Grout be treated differently from other area attractions?
A: The GMD is the only attraction listed as a partner with the City of Waterloo on the Vision Iowa
contract.
This agreement shall be in effect for a period of 21 years from the agreement
effective date - July 13, 2005.
+ For the duration of this agreement the Recipients shall cause the Project to be
operated and maintained at a professional level consistent with the highest industry
standards.
A: At one time, the Grout did have a direct funding relationship with the City of Waterloo and would
like to re-establish and make stronger that relationship. While the Grout is an active partner with the
Convention & Visitors Bureau (staff attends trade shows with CVB staff, Grout purchases coop advertising
with CVB in tourism publications, Grout provides free passes to CVB, and more) the current
funding mechanism is unreliable and fraught with difficulties. It also does not meet the Grout's
goal of stabilized city support or meet the intent of the original ordinance.
Q: How will the Grout Museum District be accountable to the public and City Council?
A: Annual Budget Presentation to City Council
A: Annual Audit will be provided to the City's CFO
A: Grout will submit quarterly report to the CFO about how funds are spent
Q: Will the Grout sign a contract attesting to the accountability measures?
A: YES! The Grout signs contracts with funders on a regular basis.
10/14/2011
Grout Museum District
A Case for Support for 5% of Waterloo's Hotel/Motel Tax—October 2011
The Sullivan Brothers Iowa Veterans Museum established the Grout Museum
District as a leading tourism attraction in Waterloo. The points below support
a change to the city ordinance allocating 5% of the hotel/motel tax to the
Grout.
FY 2011 Waterloo Tax Grout Museum Budget FY 2012
$1,182,842* $1,318,287**
5% = $59,142 $59, 142 = 4.5%
* 6% increase from previous year **10% cut from previous year
The Grout Museum District serves people
• 80,742 people in FY 2011
• From 27 states and 5 foreign countries
• 300 volunteers donated over 4,000 hours of work
The Grout Museum District serves the Tourism Industry
• Hosted over 150 group tours and military reunions in past 2 years
• Tours originated in 52 counties and 28 states
• Generated approximately 400 overnight hotel stays
The Grout Museum District is accountable
• Grout Museum representatives will make an annual budget
presentation at a council work session
• The City's CFO will receive a copy of the approved budget and the
annual audit
• Grout representatives will submit quarterly reports to the CFO and
Council about how funds are spent
• Salaries will be shared with the CFO
The Grout Museum District planned for increased operating expenses
• A 2001 feasibility study projected a $400,000 increase in operating
costs (an accurate projection)
• A 2003 business plan outlined increased revenue from admissions,
membership, grants, donations and government support
Thank you for telling council members you support the Grout's proposal.
Grout Museum District
City Support - History and Frequently Asked Questions
History
1970s and 1980s
The Grout Museum of History & Science received $20,000 to $30,000 each year for
operating support from the City's general fund, which amounted to approximately 6% of
the Grout's operating budget at the time.
1981
The city leadership sought to bring a hotel/motel 5% tax vote to the citizens. The
City asked the Grout Board of Directors to support the tax. They were told that if the tax
passed, the Grout would be asked to step out of the general fund pool and receive funding
from the Hotel/Motel tax. The Grout Board agreed and actively supported the vote and
voters approved the tax. The Grout was specifically mentioned in the original ordinance in
section d. 1. b: ... revenue derived from any tax shall be used as follows: ...to attractions
which enhance tourism, including, but not limited to the Five Sullivan Brothers Convention
Center, the Grout Museum...
1992
o Waterloo approves increase in Hotel/Motel Tax to 7%
o Council resolution calling for votes specifies Grout as one of the recipients of
these funds.
Present
Grants to Grout fluctuate from $7,500 - $20,000 per year
Frequently Asked Questions
Q:
A:
Doesn't the Grout already receive city funding?
No. The only city funds received by the museum are through grants from the
hotel/motel tax.
Why does the Grout need city support?
A: During the research for the Feasibility Study for the Sullivan Brothers Iowa Veterans
Museum, it was determined that the Grout's support from government sources has
not kept pace with other like -sized museums. According to the American
Association of Museums, the average museum gets 20% of its budget from
government sources. The Grout receives less than 1%. A primary goal of the 2003
Business Plan is for the Grout Board of Directors to seek increased government
support.
Q: Why is the Grout asking to be funded directly from the Hotel/Motel tax?
A: With the addition of the Sullivan Brothers Iowa Veterans Museum, the museum
district has exponentially increased its impact on local tourism. The Museum has
hosted over 150 group tours and military reunions in the past 2 years. Tours have
come from 52 counties and 28 states. Due to this increased role in tourism, it seems
to be the most logical funding pool to support the museum.
Q:
A:
Why is the Grout asking for support outside of the Convention & Visitors
Bureau grant process?
As the grant process has evolved over the years, the funding levels have not kept
pace with the city's original support of the museum. The varying levels deter the
museum's ability to plan.
Q: The CVB has developed new guidelines for awarding Hotel/Motel tax. Why can't the
Grout go through that process?
A: While we appreciate the work the CVB has done to make their grant process more
quantitative and objective, the current funding level from this pool (if divided evenly
between the four known qualifying institutions) will still only be about $21,000 and
would mostly likely fluctuate from year to year.
Q:
A:
Q:
A:
How much is the Grout asking for?
Five (5) percent of the total Hotel/Motel tax (around $59,000), which would be
4.5% of the Grout's current operating budget.
Why should the Grout be treated differently from other area attractions?
The GMD is the only attraction listed as a partner with the City of Waterloo on
the Vision Iowa contract.
• This agreement shall be in effect for a period of 21 years from the
agreement effective date - July 13, 2005.
For the duration of this agreement the Recipients shall cause the
Project to be operated and maintained at a professional level
consistent with the highest industry standards.
A: At one time, the Grout did have a direct funding relationship with the City of
Waterloo and would like to re-establish and make stronger that relationship. While
the Grout is an active partner with the Convention & Visitors Bureau (staff attends
trade shows with CVB staff, Grout purchases coop advertising with CVB in tourism
publications, Grout provides free passes to CVB, and more) the current funding
mechanism is unreliable and fraught with difficulties. It also does not meet the
Grout's goal of stabilized city support or meet the intent of the original ordinance.
Q: How will the Grout Museum District be accountable to the public and City Council?
A: Annual Budget Presentation to City Council
A: Annual Audit will be provided to the City's CFO
A: Grout will submit quarterly report to the CFO about how funds are spent
Q: Will the Grout sign a contract attesting to the accountability measures?
A: YES! The Grout signs contracts with funders on a regular basis.
CITY OF WA1 ERLOO
Council Communication
City Council Meeting: October 10, 2011
Prepared: October 5, 2011
Dept. Head Signature: S.G.
# of Attachments: 1
1:VeciL tiL
TC6.5ect `
( (gr)
OION-4- 5651
SUBJECT: Ordinance Change — No Parking Here To Corner
South Side of the 1600 block of Golden Valley Dr.
Submitted by: Sandie Greco, Traffic Operations Superintendent
Recommended City Council Action: Adopt Ordinance
Summary Statement:
Prohibit parking on the south side of the 1600 block of Golden Valley Dr. in a
southwesterly direction from the corner of Greenbrier Rd..
Expenditure Required:
Source of Funds:
Policy Issue
Alternative
Background Information:
Along with Code Enforcement, this site has been visited various times and was
determined that there is a visibility safety issue for vehicles and bicycles turning from
Golden Valley onto Greenbrier because of the number of vehicles parked near the
corner of Golden Valley and Greenbrier. Residents in the designated area have been
notified of the pending ordinance change.
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING A NEW
SUBSECTION (47a) GOLDEN VALLEY DRIVE TO SECTION 553, NO PARKING
HERE TO CORNER.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That a new Subsection (47a) Golden Valley Drive of Section 553, No Parking Here to Corner, of
the 2008 Traffic Code, is hereby added as follows:
(47a) Golden Valley Drive South side in the 1600 block in a southwesterly direction from
Greenbrier Road
PASSED AND ADOPTED by the City Council this day of , 2011, and
approved by the Mayor this day of , 2011.
ATTEST:
Suzy Schares, City Clerk
Ernest G. Clark, Mayor
CITY OF WATERLOO
Council Communication
City Council Meeting: October 17, 2011
Prepared: October 11, 2011
Dept. Head Signature—
----?--
# of Attachments:
SUBJECT:
Request the City Council adopt resolutions to preliminarily approve the
request for the bid document and specifications for one (1) 2012
Automated Side -Loader Garbage Truck for the Sanitation Department and
to instruct the City Clerk to publish notice of hearing on bid document
specifications etc, as November 7, 2011
Submitted by: Mark Rice, Public Works Director
Recommended City Council Action: Approve
Summary Statement: The Finance Committee at their October 17, 2011 meeting approved the
request for authorization to seek bids.
Expenditure Required: Est $220,000
Source of Funds: Sanitation Operational Funds
Policy Issue: NA
Alternative: NA
Background Information: Request Council adopt resolutions to set date of hearing for the
purpose of purchasing one (1) 2012 Automated Side -Loader Garbage Truck for the Sanitation
Department
WATERLOO PUBLIC LIBRARY—Board of Trustees—September 19, 2011
Submitted by Kim Chapman
Members present:
Members absent:
Others present:
Sue Smith, Jan Hahn, Alex Crouse
Troyce Vich
Sheryl McGovern, Kim Chapman, Amy Rousselow, Claudia Rivera, Lori Petersen,
Carolyn Sallis, Mike Dargan
The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Sue Smith
at 12:02 p.m.
Moved by Hahn, seconded by Crouse, to approve the agenda as presented. Motion carried.
Moved by Crouse, seconded by Hahn, to approve the July 11, 2011, regular meeting minutes and to approve the
August 1, 2011, special meeting minutes as presented. Motion carried.
The monthly bills from both July and August were presented for approval because there was no August meeting.
In the future, a bills list will be e-mailed during a month there is no meeting; if there are any red flags, notify Kim
so those bills are held out for explanation at the next meeting. [12:05 pm—Karol Erdmann arrived.] The financial
sheets were reviewed. The beginning tax levy balance for FY12 has not been verified by the City's finance office,
but the beginning balances for the other funds have and are included. Regarding the County budget, Gilbertville
chose not to contract with WPL for FY12; the budget, which was figured to include the revenue from Gilbertville,
will remain as is but will be monitored closely. Moved by Hahn, seconded by Crouse to pay July and August bills,
including additional bills presented today. Motion carried.
The July and August statistics were reviewed. There are months during the year where the door count is not
accurate because of the door counter, including August when the counter was reset to zero when 3M worked on
the security gates.
Director's Report
• Buchanan County Libraries—there are three towns in Buchanan County that did not contract for library
service with any Buchanan County libraries. WPL does not have to provide library service to the citizens of
these towns through the state Open Access program (Quasqueton, Rowley, and Stanley), but that decision
can be made by individual libraries. Other IUPLA libraries and CFPL do not give cards to those citizens. The
Board is in agreement to follow suit and not provide service. Sheryl will initiate a letter to these towns to
inform them their citizens will not be issued a WPL card and any cards already issued will not be valid.
• County Budget—the county librarians met last week. A letter will be drafted to the County Board of
Supervisors asking for an increase from FY12 for the county's library budget.
• FY11 Circulation Statistics—will be presented by Claudia Rivera following the Director's Report.
• Building Updates—there are sections of sidewalk in front of the building that are crumbling. The Engineering
Department has looked at them.
• Iowa Workforce Development—has partnered with libraries to provide their services through local libraries as
they (IWD) close offices. Libraries weren't asked for input and some have refused the partnership. WPL does
have IWD software on library computers and some training was provided by IWD staff. This does not cost
WPL.
• Strategic Planning Process—the staff in-service will be held Friday, September 23, with Roy Kenagy facilitating
as WPL works on its strategic plan. A community survey indicates WPL users are interested in free computer
access, popular materials and a safe library to visit. Sheryl also mentioned she looked at library card holders
and found over half of them owe fines, which prevents them from checking out. If WPL is interested in having
people use the library and check out materials, why are we preventing them from checking out because of
fines?
• Miscellaneous—libraries will no longer receive paper copies of tax forms; however, they will be available on-
line.
• Presentation of FY11 circulation statistics by Claudia.
Informational Reports from Staff
• Kim Chapman, Business Office—the annual state survey is due September 30. The ending FY11 fund balances
are correct and are the beginning figures for FY12.
• Carolyn Sallis, CWA—contract negotiations will begin earlier than usual this year, but no dates have been
established.
• Amy Rousselow, Marketing and Volunteers—the marketing pieces for Overdrive have been received. October
is Genealogy Month; lots of events are planned.
• Lori Petersen, Technical Services—new teen titles for e -books have been ordered through Overdrive. Fifty-
seven percent of the collection has been converted to RFID.
• Mike Dargan, Technical Systems—Overdrive is the consortium created by WPL and CFPL for e -books and e -
audio books. The bound periodicals stored in the basement have been withdrawn and sent to recycling. New
AV is being ordered, but it appears DVDs may be peaking soon.
• Claudia Rivera, Diversity Services—Spanish computer classes are presented every Tuesday afternoon in the
training center; there has been good attendance.
Referred for Board Action
• Extension Agreements: Director & Technical Systems Administrator—the agreements are the same as
presented last year with a 1% wage increase. Exhibit A, the director job description, is not attached to the
agreement. Moved by Hahn, seconded by Erdmann to approve the agreements of shared services, noting the
job description of the shared director will be reviewed. Motion carried.
Unfinished Business
• L/M Communication—the July 21, 2011, and August 11, 2011, meeting minutes were included in the packet.
FOL Liaison
• Erdmann reported the FOL Book Sale earned around $1,400. The sale was held Thursday evening for FOL
members only with memberships available at the door, and Saturday and Sunday. Sales were disappointing.
The FOL Board will discuss this, and future sales, at their next meeting.
The next meeting is October 10, 2011. Moved by Hahn, seconded by Crouse to adjourn. Motion carried. The
meeting adjourned at 12:45 p.m.
CIVIL SERVICE COMMISSION MINUTES
7:30 a.m. June 9, 2011
Carnegie Conference Room
Members Present: Bonetta Culp, John Blitsch
Member Excused: Tim Luce
Member Absent: Abraham Funchess (ex officio)
Others Present: Mark Rice, Keith Kearns, Eric Thorson, Bob Stringer, Cheryl Huddleston
Moved by Blitsch, seconded by Culp to approve the June 9, 2011 Agenda as mailed. Motion
carried.
Unable to approve May 5, 2011 Minutes because there were not two members present who had
attended the meeting. Minutes will be taken to next Civil Service Meeting for approval.
IJNFINJSHF,D RI JSINESS
The Civil Service List for Sewer Maintenance Worker — Waste Management Services was
presented for approval. The Civil Service Commission approved the position on 11/19/10 and
the Human Resources Committee on 12/13/10. There is a vacancy due to a retirement and may
be additional vacancies due to EPA and DNR storm water management regulations. The
position was advertised in the Courier, posted on the City website and Cable, a notice was sent to
the agencies, organizations and individuals on the Affirmative Action list and posted in all City
departments. We received 24 resumes and 6 candidates were invited to interview by a panel of
Keith Kearns and Gary Luck from Waste Management and Mary Peterson from Human
Resources. One candidate did not show for his interview and 1 did not pass the interview. We
advertised a second time and received 22 resumes. Fourteen were invited to interview. Four
candidates were eliminated because they did not obtain a CDL by the interview date and 1
candidate did not pass the interview. The Civil Service List has 9 white males and 1 black male
and the Reserve List has 3 white males. Moved by Blitsch, seconded by Culp:
We, the members of the Civil Service Commission, certift the following list of applicants, who are
eligible, based upon the examination process as set forth by the Civil Service Commission for the
appointment to the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Waste
Management Services Department. Appointment(s) shall be made from this list for the next year
(June 9, 2011—June 8, 20/2).
CERTIFIED UST
Christopher Pett
Justin Gaede
Scott Anderson
Patrick Spitzner
Larry McNamara
Kenneth Rieves
Donald Wooden Todd Winter
Brad Manahl
Ryan Anderson
The reserve list shall be held in reserve and must be certified within the first year in order to be
utilized.
RESERVE TINT
Anthony Harper
Todd Parkhurst
Gary Wentz
Motion carried.
The Civil Service List for Storm Water Specialist — Engineering Department was presented for
approval. The Human Resources Committee approved the position on 4/4/11 and the Civil
Service Commission on 4/4/11. This is a new position, needed due to EPA storm water
management regulations. The position was posted on the City website and Cable, a notice was
sent to the agencies, organizations and individuals on the Affirmative Action list and posted in
all City departments. We received 13 resumes and 7 candidates were invited to interview by a
panel of Dennis Gentz and Wayne Castle from Engineering and Cheryl Huddleston from Human
Resources. Two candidates cancelled and 1 candidate did not pass the interview. The Civil
Service List has 2 white males and 2 white females. Moved by Blitsch, seconded by Culp:
We, the members of the Civil Service Commission, certify the following list of applicants, who are
eligible, based upon the examination process as set forth by the Civil Service Commission for the
appointment to the position of Storm Water Specialist for the City of Waterloo, Iowa Engineering
Department. Appointment(s) shall be made from this list for the next year (June 9, 2011 — June 8,
2012).
CERTIFIED LIST
Kenneth Bickner
Rebecca Kauten
Phillip Schuppert
Lindsay Entler
Motion carried.
The Civil Service List for Waste Water Operator — Waste Management Services was presented
for approval. The Human Resources Committee approved the position on 4/4/11 and the Civil
Service Committee on 5/5/11. There are 2 vacancies due to a transfer and a termination. The
position was advertised in the Courier, posted on the City website and Cable, a notice was sent to
the agencies, organizations and individuals on the Affirmative Action list and posted in all City
departments. We received 16 resumes and 8 candidates were invited to interview by a panel of
Brian Bowman and Brian Rath from Waste Management and Mary Peterson from Human
Resources. One candidate did not have a driver license and was eliminated from consideration.
The Civil Service List has 6 white males and 1 white female. Moved by Culp, seconded by
Blitsch:
We, the members of the Civil Service Commission, certify the following list of applicants, who are
eligible, based upon the examination process as set forth by the Civil Service Commission for the
appointment to the position of Waste Water Operator for the City of Waterloo, Iowa Waste
Management Services Department. Appointment(s) shall be made from this list for the next year
(June 9, 2011—June 8, 2012).
CERTIFIED UST
Brian Delagardelle
Andrew Bedard
Patrick Spitzner
Derek Rold
Brad Manahl
Amy Conkling
David Richardson
Motion carried.
The Civil Service List for Street Foreman — Public Works/Street Department was presented for
approval. The Human Resources Committee approved the position on 4/4/11 and the Civil
Service Commission on 5/5/11. This is a promotional position with a vacancy due to a
promotion. The job description has been rewritten to give the foreman more supervisory
responsibilities. The position was posted internally in all City departments. We received 5
resumes and Sandie Greco from Traffic Operations, Paul Huting from Leisure Services and Mary
Peterson from Human Resources interviewed the candidates. The Civil Service List has 4 white
males and 1 black male. Moved by Blitsch, seconded by Culp:
We, the members of the Civil Service Commission, cet the following list of applicants, who are
eligible, based upon the examination process as set forth by the Civil Service Commission for the
appointment to the position of Street Foreman for the City of Waterloo, Iowa Public Works - Street
Department. Appointment(s) shall be made from this list for the next two years (June 9, 2011 —
June 8, 2013).
CERTIFIED LIST
Mark Lane
Tony Pauley
Alan Mills
Daniel Greer
Richard Felderman
Motion carried.
The Civil Service List for Mechanic Foreman — Public Works/Central Garage was presented for
approval. The Human Resources Committee approved the position on 9/13/10 and the Civil
Service Commission on 11/19/10. This is a new, promotional position. The position was posted
internally in all City departments. We received 3 resumes and Larry Smith from Waste
Management; Rick Curran from Leisure Services and Bob Stringer from Human Resources
interviewed the candidates. The Civil Service List has 3 white males. Moved by Culp, seconded
by Blitsch:
We, the members of the Civil Service Commission, cet the following list of applicants, who are
eligible, based upon the examination process as set forth by the Civil Service Commission for the
appointment to the position of Mechanic Foreman for the City of Waterloo, Iowa Public Works
Department - Central Garage. Appointment(s) shall be made from this list for the next two years
(June 9, 2011 — June 8, 2013).
CERTIFIED LIST
Darryl Hartema
Don Colvin
Carey Myers
Motion carried.
1Jpdates.
Police Sergeant — Public Safety/Police — Promotional Exam
Approved by Human Resources 4/4/11 and by Civil Service 4/7/11. There is 1 current vacancy
and the list will also be used for out -of -rank assignments. The job notice was posted in the
Waterloo Police Department and we received 11 resumes. A written test and oral interviews are
scheduled for later in June.
NEW RLJSINESS
The job description and testing criteria for Plant Maintenance Mechanic — Waste Management
Services was presented for approval. The Human Resources Committee approved the position
on 6/6/11. There is a vacancy due to a retirement. There were no changes in the job description
and testing criteria. Moved by Blitsch, seconded by Culp to approve the job description and
testing criteria for Plant Maintenance Mechanic — Waste Management Services. Motion carried.
OTHER BUSINESS
None
With no further business, moved by Culp, seconded by Luce to adjourn. Motion carried.
Cheryl Huddleston, Human Resources Manager
Clerk for the Civil Service Commission
350
At the regular meeting of the Board of Waterloo Water Works Trustees,
held Wednesday, September 28, 2011, there were present Terry M. Kuntz, Chairman;
Rodger Burris, Vice -Chairman; and Mary H. Potter, Trustee. Also in attendance: Ron
Welper, Waterloo City Council Member, Rick Wilberding, Distribution Department
Manager, and Dennis Clark, General Manager and Secretary.
as read.
adopted.
Chairman Terry Kuntz called the meeting to order at 8:00 a.m.
The Board approved to adopt the agenda.
The minutes of the regular meeting of August 17, 2011, were approved
Upon motion, unanimously passed, the following Bills Resolution was
BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY
OF WATERLOO, IOWA:
That the bills listed below for which warrants against the funds
designated, have been issued in payment, are found to be correct, and the acts of the
Secretary in issuing and delivering said warrants are hereby ratified and approved.
44876 ABM Janitorial
44877 Advanced Systems, Inc.
44878 Michael Miller
44879 Robert Fischels
44880 TIC Prop. Mgmt., LLC
44881 Christina Spanier
44882 Terah Corson
44883 Brandy Lanier
44884 Jessica I. Sims
44885 Cherie Neil
44886 Randeigh Bohlen
44887 Curt Stoller
44888 Nicole Wiest
44889 Chris M. Breitbach
44890 Angela Rogers
44891 Traci Ray
44892 Amanda A. Stayer
44893 Lashundra Archie -Kelly
44894 April Bergmann
44895 Valerie Kroells
44896 Cornelius S. Williams
44897 Jade Davis
44898 Brian L. Tomkins
44899 Nathan Leding
44900 Nicholas Behne
44901 Amie Steffen
44902 Danielle Frideres
44903 Jason Hatton
44904 Chris McFarland
44905 Rachel M. 'dauber
44906 Sara J. Mullinix
44907 Ryan Engelman
44908 Tim Mullen
44909 Aarthi Thiruvengadam
44910 Michael P. Runge
44911 Lindsay Klunder
44912 Bailey J. Nolan
AUGUST 31, 2011
GENERAL FUND
Janitorial services
Maintenance contract for copying
machine
Overpayment on final bill
it
M. D. & U. D. refund
II II II
If II II II
It II II 44
II II f t It
4 II tt
II II f t It
II 4 It 4
41 II It tt
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4 It It
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4 4 4
IL II ll
4 4 4
it IC tt it
If II It II
It 4 4II It tt ft
4
1,041.50
142.46
10.10
11.15
188.54
62.24
8.75
75.58
22.23
3.37
65.50
9.88
37.69
105.00
25.18
18.12
37.69
21.39
12.12
61.52
40.92
5.07
58.97
1.80
37.69
31.69
37.69
28.69
34.44
13.36
42.74
28.69
28.69
28.69
37.69
9.12
32.28
44913
44914
44915
44916
44917
44918
44919
44920
44921
Autumn Spitz
Nichole Routt
Corey J. Fangman
Haleigh Cox
Peter Siniff
Jade Cooling
Zach Heineman
Kayla Krapfl
Aubrey M. Fairbanks
44922 Bailey Martensen
44923 Kari Bodholdt
44924 Kari A. Newberg
44925 Kayla M. Redfearn
44926 Carl L. Owens
44927 Matt Moore
44928 B & B Lawn Care, Inc.
44929 Black Hawk Waste Disposal
44930 Bowers Masonry Concrete
44931 Commercial Tire Service
44932 Crescent Electric Supply Co.
44933 Ferguson Enterprises, Inc.
44934 Hawkeye International
Trucks
44935 IWI Motor Parts
44936 K & R Consulting Group
44937 Menard's
44938 MidAmerican Energy Co.
44939 PDCM Insurance
44940 Postmaster
44941 Qwest
44942 Rochester Armored Car Co.
44943 Storey Kenworthy
44944 United Rentals, Inc.
44945 Van Wert, Inc.
EFT State of Iowa Treasurer
EFT Treasurer, State of Iowa
44946 Collection Services Center
44947 Cedar Valley United Way
44948 ING Life Insurance
44949 Lincoln Financial Group
44950 Public Employees Credit
Union
44951 Charles Schwab Institutional
EFT
44952
44953
M. D. & U. D. refund
US Department of Treasurer
Acco Unlimited Corp.
Aecom
44954 Allen Memorial Hospital
44955 American Veterans
Plumbing LLC
44956 Aspro, Inc.
11
11
11
11
Mowing well fields
Waste disposal
Various paving patches
New tires on unit #34
Magnetic alarm switches at pumping
station and light bulbs for all departments
New toilet for office restroom and
two brass nipples for meter room
Batteries for unit #34
351
28.69
15.65
28.69
31.81
28.69
28.70
24.07
28.69
28.69
21.91
28.69
28.69
28.69
46.00
46.00
1,680.00
94.00
3,757.25
721.61
306.94
Battery for power unit on unit #12
Bookkeeping consulting services
Batteries, flashlights, tape measurers,
light bulbs, hand sprayer, hose
adapters, vacuum breakers, ear plugs
and hammers
Gas, power and electric
Various insurance polices
Postage
Service
Armored car service
Toner, paper, pens, erasers, chair mat,
time clock ribbon and computer mouse
Safety shirts
Meter reading service
Sales tax
State withholding tax
Authorized payroll deduction for
child support
Authorized payroll deduction for
United Way
Authorized payroll deduction for
deferred compensation
Authorized payroll deduction for
deferred compensation
Authorized payroll deduction for
credit union
Authorized payroll deduction for
employee pension contribution
Federal withholding tax
Chlorine & HFS
Engineering design services for
Highway 63 Water Main
Reconstruction Project
Drug and alcohol screening for
three employees
Repaired water service line at
127 Courtland Street
Cold mix
347.07
172.00
46.66
65.00
346.42
31, 047.47
11,087.40
710.20
308.52
234.76
345.29
83.94
4,790.40
11,602.84
6,423.00
155.53
115.00
3,000.00
40.00
3,163.00
1,202.68
16,632.85
9,823.80
3,301.02
103.00
3,200.00
236.19
352
44957 Chris M. Breitbach
44958 Claudia Friis
44959 St. Vincent De Paul
44960 Brad Thuran
44961 Sam Becker
44962 Heather Randall -Cruz
44963 Megan Whited
44964 Justin McFarlane
44965 Chimere A. Smith
44966 Mary A. Anderson
44967 Melissa Allison
44968 Michelle A. Smith
44969 Praveen Yalamanchili
44970 Kiley E. Cummings
44971 Ryan Clancy
44972 Holly Hoeger
44973 Heath Houg
44974 Ma Elida Mendoza
44975 Justin Jones
44976 Marc R. Hibben
44977 Savannah Campbell
44978 Crossroads Auto Sales
44979 BMC Aggregates, L.C.
44980 ESRI, Inc.
44981 Ferguson Enterprises, Inc.
44982 Foster's, Inc.
44983 Frickson Backhoe &
Trucking
44984 HyVee
44985 Steve Kerns
44986 Kwik Trip, Inc.
44987 Travis Larson
44988 Lubbert's Masonry, Inc.
44989 Menard's
44990 Northland Products Co.
44991 PPG Architectural Finishes
44992 Radio Communications
44993 Scot's Supply
44994 St. Luke's Drug & Alcohol
Testing Services
44995 Storey Kenworthy
44996 The Courier
44997 Rick Wilberding
44998 Postmaster
EFT State of Iowa Treasurer
44999 Acco Unlimited Corp.
45000 Al Gordon Plumbing &
Heating, L.C.
45001 Alliance Benefit Group
45002 Aramark Uniform Services
45003 Iowa Bus. Mach.
45004 Tyler L. Thornton
45005 Katie Courtney
45006 Evinesha Campbell
45007 Rebecca Neil
45008 Amanda McIntosh
45009 Melissa Sowers
45010 Robert G. Hofreiter
45011 Kyle Diemer
Overpayment on final bill
Overpayment on final bill
M. D. & U. D. refund
CC
It
It
{1
44
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44
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Overpayment on final bill
Fill sand and roadstone
GIS software
Pressure gauges for Washburn
valve pits
Grass seed
Assisted with water main break on
Airline Highway and repaired water
service line at 227 Cottage Grove
Restroom and kitchen supplies
Reimbursement for cell phone
Fuel for vehicles
Reimbursement for cell phone
Concrete work at well #19
Mosquito repellent, restroom cleanout
plug and kitchen supplies
Oil
Paint and supplies for well buildings
Monthly access fee and pager rental
Quick couplers for hydrant power units
Drug and alcohol testing for three
employees
Pens, highlighters, typewriter ribbons
and printer cartridges
Legal ad
Reimbursement for cell phone
Postage
Sales tax
Chlorine
Repaired water service line at
609 Baltimore
Participant distribution services for
F. Manahl and T. Banks
Towel service
Overpayment on final bill
44 ff
It
11 44
M. D. & U. D. refund
4.48
67.47
37.69
9.88
9.88
33.68
58.69
9.74
27.69
16.45
5.07
17.91
37.69
28.69
28.69
28.42
28.69
26.42
11.38
46.00
75.00
128.62
2,148.33
1,400.00
74.73
66.65
4,850.00
303.54
50.00
3,958.08
50.00
760.00
114.18
503.94
157.28
154.00
516.40
111.00
292.32
50.34
50.00
3,000.00
13,000.00
334.40
975.00
370.00
248.92
136.14
66.75
68.02
21.33
40.69
9.88
6.64
28.69
22.18
45012 Blake T. Mitchell
45013 Bailey Wagner
45014 Jason Behel
45015 Felicia Herman
45016 Ben Henderson
45017 Jessica J. Steger
45018 Tyler J. Mowery
45019 Scott Evers
45020 Francisco Mendoza
45021 AWWA
45022 Benton's Sand & Gravel
45023 Black Hawk County Auditor
45024 Black Hawk County
Treasurer, MIS
45025 Campbell Supply
45026 City of Raymond
45027 City of Waterloo
45028 Community National Bank
45029 Fifth Street Tire, Inc.
45030 HD Supply Waterworks, Ltd
45031 Hogan & Hansen
45032 Iowa Association of Water
Agencies
45033 Iowa One Call
45034 McDonald Supply
45035 Menard's
45036 Murphy Tractor & Equipment
45037 One Call Auto
45038 Matt Parrott/Storey
Kenworthy
45039 Schimberg Co.
45040 Sensus Metering Systems
45041 Shawver Well Co.
45042 Swisher & Cohrt, P.L.C.
45043 TestAmerica Laboratories
45044 Tokay Software
45045 Total Backflow and Meter
Resources
45046 Utility Equipment Co.
45047 The Courier
45048 Witham Auto Center
45049 Waterloo Water Works
45050 Iowa Public Employees
Retirement System
45051 Professional Office Services
45052 Collection Services Center
M. D. & U. D. refund
11
IL
Membership renewal, T. Robbins
Top soil
Water and sewer bond fees
Data processing for July
353
28.69
28.69
28.69
5.12
28.69
28.72
28.69
45.10
45.10
82.00
284.82
8,398.77
5,986.89
Cloth rags 66.33
Water bond, sewer and garbage fees 9,474.06
Garbage, sewer and storm water 1,115,337.51
Bank charges for July 427.51
Flat tire repair on unit #19 155.65
Hydrant parts and hydrant lock 1,407.09
Payroll and consulting services 582.68
2011 Annual Conference registration 100.00
for D. Clark
One Call service 592.30
Meter couplings 771.08
Mice poison, cutting wheels, wire brush, 32.93
super glue, painters caulk and car wash
Street pads, oil filter, air filters, nuts and 358.14
washers for unit #20
Air filter for unit #21 42.84
Minute book pages and water bills 2,585.50
45053 ING Life Insurance
45054 Lincoln Financial Group
45055 Public Employees Credit
Union
45056 Charles Schwab Institutional
45057 Teamsters Local Union #238
EFT US Department of Treasurer
Pipe and fittings for meter change outs
Measuring chamber and gaskets for
8" meter and small gaskets for stock
Hydrant M. D. refund
Legal services
Water sampling
Backflow software upgrade
Four new certifications and ten
recertification fees
Tapping machine parts for unit #5
and fittings to correct garage
overflow problem
Legal ads
Diagnose air conditioner problem
on unit #19
Reimbursement of city service fees
(PERS for 10 employees
Water and sewer overpayment refund
Authorized payroll deduction for
child support
Authorized payroll deduction for
deferred compensation
Authorized payroll deduction for
deferred compensation
Authorized payroll deduction for
credit union
Authorized payroll deduction for
employee pension contribution
Authorized payroll deduction for
union dues
Federal withholding tax
536.05
2,152.19
316.47
74.00
120.00
400.00
3,650.00
1,521.45
82.97
242.09
11,291.06
5,894.72
8748.96
155.53
3,000.00
40.00
3,163.00
1,174.93
722.00
15,738.58
354
45058 Andrews Auto Supply
45059
45060
45061
45062
45063
45064
45065
45066
45067
45068
Northstar Realtors
James A. Wise
W. D. Investments
Felix Wainrick
Maggie Newcomb
Lucinda Grove
Jennifer Clark
Emily R. McConnell
Tony Tomlyanovich
Black Hawk Electrical Co.
45069 BMC Aggregates, L.C.
45070 Bowers Masonry Concrete
45071 Campbell Supply
45072 Dex East
45073 Ferguson Enterprises, Inc.
45074 Frickson Backhoe &
Trucking
45075 Gierke -Robinson Co.
45076 K & R Consulting Group
45077 Keystone Laboratories
45078 McDonald Supply
45079 Menard's
45080 Napa Auto Parts
45081 Joseph G. Pollard Co.
45082 Sensus Metering Systems
45083 Stetson Building Products
45084 Storey Kenworthy
45085 Total Backflow and Meter
Resources
45086 United Rentals, Inc.
45087 Utility Equipment Co.
45088 The Courier
45089 Weber Paper Company
45090 Wel[mark BlueCross
BlueShield
45091 Waterloo Water Works
Wiper blade for unit #4 and oil filter
for unit #21
Overpayment on final bill
M. D. & U. D. refund
Overpayment on final bill
M. D. & U. D. refund
ft II II
If It II
It II II It
Overpayment on final bill
Replaced lights in all departments and
electrical work at well #15 and #19
Roadstone 81.49
Various paving patches 8,057.90
Cutoff wheels and marker paint sticks 43.37
Phonebook advertisement 35.10
New toilet for office, fittings for pressure 384.32
reducer valve pits, Teflon tape for meter
room and gas pipe fittings for wells
Repaired water service line at
321 E. 15t St.
Discharge hoses for pumps, hose
coupler and hard hats
Mas90 upgrade to new server and
consultant travel expenses
Water sampling
Plumbers putty and caulk for office
restroom
Windshield wash, garbage bags,
hacksaws, hydraulic cement, wasp spray,
small fittings, pipe thread compound and
taping knife
Oil plug for unit #21
Long probe for locator
Repaired autogun and register
o -rings for turbo meters
Material to protect Park Avenue
river crossing water main
Typewriter ribbon, copying machine
paper and calculator rolls
New backflow certification for one
employee
Safety shirts
Backflow parts, backflow device,
compression couplings and curb
box repair sleeves
Legal ads
Mop heads, mop cleaner and all
purpose degreaser/cleaner for
pumping station
Medical insurance 39,500.96
Postage, copies, bleach, door stop, 24.05
paint supplies
20.52
44.50
105.00
41.50
4.86
73.00
105.00
76.00
11.38
25.89
1,641.99
2,600.00
161.50
601.15
1,434.40
7.15
135.04
4.49
82.78
175.69
100.00
168.76
575.00
448.70
756.39
1,070.20
69.23
Payroll 83,513.20
$1,500,881.49
355
The General Manager presented the Monthly Financial Report as of
August 31, 2011 as follows:
August 1, 2011 Balance $4,467,313.93
Receipts 594,521.90
Disbursements 353,562.15
August 31, 2011 Balance $4,708,273.68
Debt Reserve Fund 330,000.00
Restricted Bond Fund 0.00
Bond Debt Sinking Fund 268,541.68
Repairs & Rehabilitation Fund 270,528.87
General Fund Balance 3,839,203.13
$4,708,273.68
It was moved, seconded and approved to receive and place on file the
Monthly Financial Report as presented.
The General Manager presented the Revenue and Expense Summary
as of August 31, 2011 as follows:
Operating Revenue
Operating Expense
Non -Operating Revenue
Non -Operating Expense
2010 2011
$4,501,137.57 $4,857,326.71
3,340,679.25 3,496,613.61
$1,160,458.32 $1,360,713.10
123,820.07 406,804.90
47,831.48 41,656.25
Capital Expense 821,791.20 550,577.50
$ 414,655.71 $1,175,284.25
It was moved, seconded and approved to receive and place on file the
Revenue and Expense Summary.
The General Manager presented the following resolution for adoption
and transmittal to the Waterloo Mayor and City Council for assessment of the charges
to the property taxes for pave box repair at 517 Campbell Avenue.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark, presented a
statement of $992.16, which is supported by invoice from the American Veterans
Plumbing, LLC and Waterloo Water Works, showing the work necessary to repair the
pave box in regards to the following:
WHEREAS, the owner was notified by the Waterloo Water Works to
make the repairs to the pave box at 517 Campbell Avenue, which is located on Lot 56,
Kingbard Hill, Waterloo, Black Hawk County, Iowa, and owned by Brandi S. Wagner
a/k/a Brandi Shea Wagner.
WHEREAS, the property owner notified the Waterloo Water Works that
the owner desired to have the cost of pave box repair assessed to the property taxes.
After conversation with the owner, the owner voluntarily signed a waiver of any further
notice that may be required to have the Waterloo Water Works cause the work to be
done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the
Waterloo Water Works, that the General Manager shall certify this statement to the
City Clerk and that the Clerk in turn shall give notice and an assessment made and
certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Potter, seconded by Burris, to adopt the resolution and
instruct the General Manager to certify this resolution to the City Clerk. On Vote:
Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted.
356
The General Manager presented the following resolution for adoption
and transmittal to the Waterloo Mayor and City Council for assessment of the charges
to the property taxes for service line repair at 321 East 1st Street.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark, presented a
statement of $2,600.00, which is supported by invoice from Frickson Backhoe &
Trucking, showing the work necessary to repair the service line in regards to the
following:
WHEREAS, the owners were notified by the Waterloo Water Works to
make the repairs to the service line at 321 East 1st Street, which is located on Lot No.
Four (4) in Block No. Thirty-three (33) in the Original Plat on the East side of the Cedar
River, in the City of Waterloo, Black Hawk County, Iowa, and owned by Samuel L.
Mingo and Aunderia Doreen Mingo.
WHEREAS, the property owners notified the Waterloo Water Works that
the owners desired to have the cost of water service line repair assessed to the
property taxes. After conversation with the owners, the owners voluntarily signed a
waiver of any further notice that may be required to have the Waterloo Water Works
cause the work to be done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the
Waterloo Water Works, that the General Manager shall certify this statement to the
City Clerk and that the Clerk in turn shall give notice and an assessment made and
certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Potter, seconded by Burris, to adopt the resolution and
instruct the General Manager to certify this resolution to the City Clerk. On Vote:
Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted.
The General Manager presented the following resolution for adoption
and transmittal to the Waterloo Mayor and City Council for assessment of the charges
to the property taxes for service line repair at 609 Baltimore Street.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark, presented a
statement of $975.00, which is supported by invoice from Al Gordon Plumbing and
Heating, L.C., showing the work necessary to repair the service line in regards to the
following:
WHEREAS, the owner was notified by the Waterloo Water Works to
make the repairs to the service line at 609 Baltimore Street, which is located on Lot
No. Two (2) in Block No. Four (4) in Leavitt, Johnson and Miller Addition to Waterloo,
Iowa, Black Hawk County, and owned by Dale Jones.
WHEREAS, the property owner notified the Waterloo Water Works that
the owner desired to have the cost of water service line repair assessed to the
property taxes. After conversation with the owner, the owner voluntarily signed a
waiver of any further notice that may be required to have the Waterloo Water Works
cause the work to be done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the
Waterloo Water Works, that the General Manager shall certify this statement to the
City Clerk and that the Clerk in turn shall give notice and an assessment made and
certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Potter, seconded by Burris, to adopt the resolution and
instruct the General Manager to certify this resolution to the City Clerk. On Vote:
Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted.
357
The General Manager presented the following resolution for adoption
and transmittal to the Waterloo Mayor and City Council for assessment of the charges
to the property taxes for service line repair at 2775 Logan Avenue.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark, presented a
statement of $7,142.24, which is supported by invoice from All Star Plumbing &
Heating and Waterloo Water Works, showing the work necessary to repair the service
line in regards to the following:
WHEREAS, the owner was notified by the Waterloo Water Works to
make the repairs to the service line at 2775 Logan Avenue, which is located on the
South 10 acres of the Northeast Quarter of the Northeast Quarter of Section No. 11,
Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Black
Hawk County, Iowa, excepting the South 220 feet of the East 511% feet thereof, and
owned by John T. Lyons
WHEREAS, the property owner did not respond to notification from the
Waterloo Water Works and did not make repairs to the service line, the Waterloo
Water Works caused the service line to be repaired and assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the
Waterloo Water Works, that the General Manager shall certify this statement to the
City Clerk and that the Clerk in turn shall give notice and an assessment made and
certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Potter, seconded by Burris, to adopt the resolution and
instruct the General Manager to certify this resolution to the City Clerk. On Vote:
Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted.
The Board adjourned for the Pension Committee Meeting at 8:30 a.m.,
and reconvened at 9:20 a.m.
Securities for the Waterloo Water Works Pension Plan fund are held at
Charles Schwab International. The Schwab funds are held in three accounts, which
are separately listed on the Pension Asset Summary as Balance Value, Large Cap
and Small Cap.
Tom Barbatti of Net Worth Advisors has requested authorization to
increase or decrease positions between the various accounts. The authorization is
requested to rebalance the portfolio, move to an allocation of reduced volatility, and to
be well positioned to participate in upward movement in the fourth quarter. Further
authorization is necessary to move money between accounts to rebalance after
distributions.
Dennis Clark signed the authorization forms on September 16, 2011. It
is recommended to approve the authorization forms as signed and submitted to
Charles Schwab International.
It was moved by Potter, seconded by Burris and unanimously adopted to
approve the authorization forms as signed and submitted to Charles Schwab
International.
358
The General Manager reported that the Water Works is currently
interviewing candidates for the position of Combination Worker. Candidates for
employment are subject to background checks by a third party, Justifacts. Justifacts
checks routine background information such as social security numbers, employment
history, driving record and criminal record. Employees are further required to take a
post offer, pre-employment drug screen.
Allen Occupational Health has recently developed a Physical Capacity
Profile testing program. Allen Occupation Health will perform Physical Capacity Profile
evaluations on employees of the Water Works, or those persons given conditional
offer of employment. The purpose of the evaluation is to determine the abilities of the
employee to perform the essential functions of a job, with or without reasonable
accommodation. The business necessity for testing is to reduce the risk of placing an
employee in a position where there is substantial risk of injury to the employee or
others, thereby reducing work-related injuries and potential workers compensation
claims.
It was moved by Potter, seconded by Burris and unanimously adopted to
approve the Physical Capacity Profile Testing agreement with Allen Occupational
Health and to authorize execution of appropriate documents by the General Manager.
The Water Works offers employees a Traditional 457(b) deferred
compensation plan. Employees can contribute to the plan with pretax income and
there is no employer match. The plan is administered by ING Financial Partners from
Des Moines, Iowa.
Recently, ING has begun offering a Roth 457(b) option. With this option,
contributions are made on an after-tax basis, similar to other Roth type products.
It was moved by Potter, seconded by Burris and unanimously adopted to
approve the Plan Sponsor Roth Election and to authorize execution of appropriate
documents by the General Manager.
Friendship Village is developing the Landmark Commons development in
Waterloo, Iowa. The development is east of Hammond Avenue and south of East San
Marnan Drive. It was approved to authorize the main extension to serve the
development at the January 18, 2006 Board meeting.
In October 2007, the Board adopted Rules and Regulations Section 6.4,
New Water Main Extensions in Developments. Much of the actual construction work
on the water main extension was completed before adoption of Section 6.4. The
owner has been working with the Water Works for over a year to meet the most critical
requirements of Section 6.4.
The owner has supplied as -built plans; necessary easements from
Landmark Commons and from Condo Tower; two-year maintenance bonds; and
statements of values of improvements. The value of the improvements is the sum of
$72,181.00.
It was moved by Burris, seconded by Potter and unanimously adopted to
approve the completion of the project, approve the maintenance bonds for the project,
and accept the referenced water main infrastructure.
The following items were reported by management:
The water pumpage information for August 2011 was 4.38% more than
August 2010. Water pumpage for the first eight months of 2011 was 3.23% more than
the first eight months of 2010.
359
The Board was presented with a comparison spreadsheet and graph of
the total meters in place in the Water Works system, and the number of straight -read
meters that are not readable by a remote device. Since December 31, 1996, the total
number of all meters has grown by 1,282 meters. Over the same period, the number
of non -remote read meters has been reduced by 8,905 meters, for a remaining total of
62 non -remote read meters. The Water Works has also been replacing GTR style
meters with ECR style meters. There are currently 6,062 GTR style meters in service.
A list of several major projects and initiatives currently underway or planned
for 2011 was presented to the Board.
The next regular meeting is scheduled for Wednesday, October 26, 2011 at
8:00 a.m.
Upon motion, the meeting was adjourned at 10:04 a.m.
BOARD OF TRUSTEES
Secretary
Voucher Prepared by: Pauline C. CITY OF WATERLOO 9002
PAYMENT VOUCHER A101711
October 10, 2011
Vendor Name AECOM
Address
City & State
Invoice No.
Invoice Date
Vendor No.
Finance Dept Only
Batch No.
Keyed By
Department: Engineering
Grant/Project Code # 07VIPPORT
Qty/Unit Amount Description G/L Distribution
9/26/11 37167278 $4,840.00 Contract No, 734 Est. 10
$1,210.00 Cedar River Water Trail between Park Ave
Dam & 6th Street CRS
7/2/11 - 9/23/11
Special Instructions:
0
I/t ' 1.. sa a i.
uu..mitted Bv:
Total $6,050.00
10/10/11
424-07-7610-2103
407-07-7610-2103
Date Approved By: Date
An Equal Opportunity/Affimative Action Employer
Prepared By Pauline C CITY OF WATERLOO 9002
October 10, 2011
PURCHASE ORDER A101711
Vendor No. 1132
Department: Engineering
Vendor Name Peterson Contractors Grant/Project Code # 07VITLOPL
Address Marks Park 37IMPMark
City & State Wtr Works WWW Wtr Main
*************************************
Invoice Date Invoice No. Qty/Unit Amount Description GL Distribution
10/10/11 31
Special Instructions:
SubmittedN,
SLC a.41 -dr^^"
$262,182.19 City Contract No. 763 Est. No. 31 07VITLOPL 424-07-7610-2175
River Renaissance Lower Plaza
- Water Work: Div. 2A
Marks Park 37IMPMark 426-37-4105-2168
Wtr Wks Main WWW Wtr Main Div 2B 424-07-7610-2199
Period Ending 9/9/11
Total $ 262,182.19
10/10/11
Date Approved By:
An Equal Opportunity/Affirmative Action Employer
Voucher Prepared by Pauline C
October 10, 2011
Vendor Name
Address
City & State
CITY OF WATERLOO 9002
PAYMENT VOUCHER A092611
Department Engineering
Veith Construction Grant/Project Code # 07BIPRWCE
Invoice Date Invoice No. Qty/Unit Amount Description
Contract 786 Est. # 12
10/10/11 12 $9,539.63 River Loop North Downtown Trail
$2,119.92 Construction
$14,839.42 Period Ending 9/30/11
TOTAL 26,498.97
G.L. Distribution
290-07-7355-2156
290-07-7355-2156
424-07-7355-2156
Special Instructions
�
jGt t ' 4-1"1-.-1 10/10/11
Submitted By Date Approved By Date
An Equal Opportunity/Affirmative Action Employer
Voucher prepared by: Pauline C CITY OF WATERLOO 9002
PAYMENT VOUCHER A101711
October 10, 2011 Vendor No. 82
Batch No.
Vendor Aspro
Address
City & State
*************************************
Department: Engineering Department
Grant/Project Code #
Invoice Date Invoice No. Qty/Unit Amount Description
10/10/11 11
Special instructions:
$462,440.73 Contract 796 Est. No. 11
F.Y 2011 Asphalt Overlay Program
Total $462,440.73
10/10/11
Keyed By:
G/L Distribution
205-07-7500-2165
Date Approved By:
Date
Payment voucher prepared by: Pauline Glosso C CITY OF WATERLOO 9002
PAYMENT VOUCHER A101711
October 10, 2011
Vendor Name
Address
City & State
Invoice Date
Vendor No
Department: Engineering
Peterson Contractors Inc. Grant/Project Code # 07 VIP PUMP
************************************
Invoice No. Qty/Unit
10/10/11 10
Special Instructions
F
Submitted By
Amount Description G.L. Distribution
City Contract 801 Est* 10 Cattle Congress
$55,874.25 Storm Water Improvements Div. 1
$3,572.00 Division II Sanitary Pump Station
Period ending 9/23/11
TOTAL $59,446.25
10/10/11
Date Approved By
An Equal Opportunity/Affirmative Action Employer
424-07-7505-2171
520-14-5200-2163
Payment voucher prepared by: Pauline Clo; osson CITY OF WATERLOO 9002
October 10, 2011
Vendor Name AECOM
Address
City & State
*************_***********************
PAYMENT VOUCHER A101711
Vendor No.
Department: Engineering
Grant/Project Code # 07VIPPUMP
Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution
9/26/11 37167268
Special Instructions
$10,574.28
TOTAL $10,574.28
10/10/11
Dry Run Creek Arch Storm Water Manhole &
Valve Replacements
7/2 - 9/23/11
NP
Date Approved By
An Equal Opportunity/Affirmative Action Employer
411-07-5600-2162
Prepared by Pauline C CITY OF WATERLOO 9002
PAYMENT VOUCHER A1017/11
October 10, 2011
Check Payable to: AECOM
Remit to:
City & State
Vendor No.
Batch No.
Keyed Bv:
Dept: Engineering Department
Project Code
Invoice Date Invoice # QTY/Unit Amount DescriptionG/L Distribution G/L Distribution
9/26/11 37167269
Special Instructions:
Omitted By Date Approved E Date
$1,246.66
Total $1,246.66
10/10/11
Waterloo Local Flood Protection Project (LFPP)
Levee System Accreditiation
7/2 - 10/23/11
An Equal Opportunity/Affirmative Action Employer
409-07-5600-2103
Voucher Prepared by Pauline C CITY OF WATERLOO 9002
PAYMENT VOUCHER A10/17/11
October 10, 2011
Vendor Name Stanley Consultants Inc.
Address 100 Court Avenue Suite 300
City & State Des Moines, IA 50309-2200
Invoice Date
Invoice No. Qty/Unit
Department Engineering
Grant/Project Code #
Amount Description G.L. Distribution
Waterloo Stormwater Lift Stations
11/3/11 144657 $85,275.66 - 290-07-5300-2103
Storm Sewer Lift Station & Wetland
Delineation Est No. 2
Jan. 2 thru Sept. 03, 2011
100% Reimburseable
Spial Instructions
TOTAL 85,275.66
10/10/11
Submitted By Date
An Equal Opportunity/Affirmative Action Employer
Approved By Date