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HomeMy WebLinkAbout5395-4/10/2017This Ordinance prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa, 50704. ORDINANCE NO. 5395 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: AMENDING THE DEFINITIONS OF "BILLBOARD" AND "FENCE, RESIDENTIAL", IN SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, AND REPEALING PARAGRAPHS 4 AND 10 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-8-1, REGULATIONS, OF CHAPTER 8, "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT; AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 4 AND 10 OF SAID SUBSECTION A, AND REPEALING "DANCE AND/OR MUSIC STUDIO" AND "LANDSCAPE GARDENER" FROM PARAGRAPH 3 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-14-1, REGULATIONS, OF CHAPTER 14, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT, AND REPEALING PARAGRAPHS 6 THROUGH 30 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-15-1, REGULATIONS, OF CHAPTER 15, "C-2" COMMERCIAL DISTRICT, AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 6 THROUGH 28 OF SAID SUBSECTION A, AND REPEALING SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-22-2, "F -W" FLOODWAY (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION A OF SAID SECTION 10-22-2, AND REPEALING THE FIRST UNNUMBERED PARAGRAPH OF SUBSECTION B, CONDITIONAL USES, OF SECTION 10-22-2, "F -W" FLOODWAY (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF A NEW FIRST UNNUMBERED PARAGRAPH OF SAID SUBSECTION B, AND REPEALING PARAGRAPHS 8 AND 25 OF SUBSECTION B, DEFINITIONS, OF SECTION 10-26-1, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 8 AND 25 OF SAID SUBSECTION B, AND REPEALING THE FIRST UNNUMBERED SUBPARAGRAPH OF PARAGRAPH 3 OF SUBSECTION C, REGULATION OF ALL SIGNS, OF SECTION 10-26-1, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS; AND ENACTING IN LIEU THEREOF A NEW FIRST UNNUMBERED SUBPARAGRAPH OF PARAGRAPH 3 OF SAID SUBSECTION C, AND REPEALING PARAGRAPHS 6 AND 7 OF SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL Ordinance No. 5395 Page 2 PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 6 AND 7 OF SAID SUBSECTION H, AND REPEALING SUBPARAGRAPH B OF PARAGRAPH 1 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATION FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH B, AND REPEALING PART III OF SUBPARAGRAPH A OF PARAGRAPH 3 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW PART III OF SAID SUBPARAGRAPH A, AND REPEALING PART I OF SUBPARAGRAPH A OF PARAGRAPH 4 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW PART I OF SAID SUBPARAGRAPH A, AND REPEALING SUBPARAGRAPH B OF PARAGRAPH 5 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH B OF SAID PARAGRAPH 5, AND REPEALING PART IV OF SUBPARAGRAPH D OF PARAGRAPH 5 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW PART IV OF SAID SUBPARAGRAPH D, AND REPEALING SUBPARAGRAPH K OF PARAGRAPH 5 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH K OF SAID PARAGRAPH 5, AND REPEALING SUBPARAGRAPH G OF PARAGRAPH 6 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH G OF SAID PARAGRAPH 6. BE IT ORDAINED by the City Council of the City of Waterloo that the City of Waterloo Zoning Ordinance No. 5079, as previously amended, is amended as set out herein, repealing those sections that are being replaced and setting forth the amendment or replacement sections, and further amending said Ordinance by adding amendments as set out herein. Said Ordinance, as amended hereby, shall apply to all lands lying within the corporate limits of the City of Waterloo, Black Hawk County, Iowa. This Ordinance shall be in full force and effect after its final passage and publication as provided by law. Ordinance No. 5395 Page 3 BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That the definitions of "Billboard" and "Fence, Residential" in Section 10-3-1, Definitions, of Chapter 3, Definitions, are hereby repealed, with the definitions set forth below enacted in lieu thereof: 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 itself, 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. Also referred to as an Off -Premise Advertising Sign. Fence, Residential: A barrier and/or structure erected accessory to a residential use or in an "R" District intended to provide security, mark a boundary, or as a means of landscaping with no portion of fence extending onto adjacent property or right-of-way. Such fence shall be constructed of materials commonly used for landscape fencing such as masonry block, lumber, chain link, but shall not include corrugated sheet metal, slats, tarp, cloth, mesh or similar coverings, barbed wire, concertina wire or similar wire, salvage material, or electrified. [Ordinance 4508, 9/4/01]. That Paragraphs 4 and 10 of Subsection A, Principal Permitted Uses, of Section 10-8-1, Regulations, of Chapter 8, "R-1" One and Two Family Residence District, are hereby repealed in their entirety; and that new Paragraphs 4 and 10 of said Subsection A are enacted in lieu thereof, as follows: 4. Private recreational areas and facilities such as swimming pools, skating facilities, community building or indoor institutional or community recreation centers or fields, country clubs, golf courses and driving ranges when incidental to a golf course, upon approval of a Special Pennit by the Board of Adjustment after recommendation of the Commission. 10. Public or private cemetery or burial ground provided it is on a minimum of thirty (30) acres, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission. This provision shall not prohibit the expansion of an existing cemetery or burial ground that is less than thirty (30) acres. That the terms "Dance and/or Music Studio" and "Landscape Gardener" are hereby repealed from Paragraph 3 of Subsection A, Principal Permitted Uses, of Section 10-14-1, Regulations, of Chapter 14, "C-1" Neighborhood Commercial District. That Paragraphs 6 through 30 of Subsection A, Principal Permitted Uses, of Section 10- 15-1, Regulations, of Chapter 15, "C-2" Commercial District, are hereby repealed in their entirety; and that new Paragraphs 6 through 28 of said Subsection A are enacted in lieu thereof, as follows: 6. Clothes Dry Cleaning and/or dyeing establishments. 7. Commercial Indoor Recreational Facilities such as Billiard Parlors and Pool Halls, Dance Halls and Ballrooms, Dance/Gymnastic/Ballet Studios, Bowling Alleys, Skating Rinks, Game Arcades, Tennis Courts, Swimming Pools, Handball Courts, Archery and Gun Firing Ranges, Paintball and Laser Tag Facilities, Bounce House and Trampoline Facilities, and other similar Indoor Recreational Uses. Facilities with both indoor and outdoor recreational uses shall require Special Permit approval as noted in subsection 8. below. 8. Commercial and Private Outdoor Recreational Uses such as Baseball Fields, Swimming Pools, Skating, Golf Driving Ranges, Commercial Campgrounds, Ordinance No. 5395 Page 4 Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcycles, Snowmobiles, or ATV's, Miniature/Goofy Golf Courses, Drive-in Theaters, or similar open air recreational uses and facilities, upon approval of a Special Permit by the Board of Adjustment after review by the Commission. Private non- commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. 9. Contractor Businesses, including Carpenter and Cabinet Shop, Plumbing and Heating Shop, Roofing Shop, Sheet Metal Shop, Sign Painting Shop, Landscaping Business, and similar uses, provided there is no outside equipment yard. 10. Contractor Businesses including Contractor Equipment Yards, provided that equipment yards shall be effectively screened on each side facing a Residential District and on each side facing a public street by a fence, wall or densely planted compact hedge not less than six (6) feet or more than eight (8) feet in height, and, for equipment yards, upon approval of a Special Permit by the Board of Adjustment after review by the Commission. 11. Department Stores 12. Drinking Establishments, Taverns, Bars and Night Clubs, Summer Gardens, and Road Houses, including entertainment and dancing, provided that any such use that meets the definition of Alcohol Sales Use shall meet the requirements for an alcohol sales use. 13. Hotels [Ordinance 4592, 1/6/03] 14. Kennel, provided the principal 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 review by the Commission. 15. Laundries or Laundromats 16. Lawn Mower Repair Shop 17. Lumber Yards and Building Materials, retail, but not including any manufacturing or fabricating for wholesaling operations. 18 Mini -storage or storage rental development, upon issuance of a Special Permit, which shall review the location for compatibility of surrounding, highest and best use of land, and proximity to a major thoroughfare. [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. 19. Monument Sales Yard, but not without a principal building. 20. Off -premise advertising in accordance with Section 10-26-1. [Ordinance 4724, 9/20/04] 21. Motels and Auto Courts 22. Pet Shop, including Aquariums 23. Printing Shops, not to include more than two (2) 12"x 18" inch job presses 24. Restaurant: Fast Food Type and Standard Type, and drive-in eating establishments, provided that any such use that meets the definition of an Alcohol Sales Use shall meet the requirements for a limited alcohol sales use (on -premise consumption). 25. Delayed deposit service uses, provided that such uses meet the following requirements: a. The use is licensed as a delayed deposit services business by the State of Iowa. Ordinance No. 5395 Page 5 b. No delayed deposit service use shall be located within 600 feet from any of the following, as measured in a straight line from the closest point of the property line in which a delayed deposit service use is located to the closest point of the property line of such other use or area: protected uses, pawnbroker uses, other delayed deposit service uses, adult uses, or non - limited alcohol sales uses. c. No delayed deposit service use shall offer or provide delayed deposit services via a drive-through or walk-up window or any similar drive -up or drive-in system. 26. Pawnbroker uses 27. Freestanding Commercial Parking Lots, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission. [Ordinance 5288, 06/15/15] 28. Other similar service and retail businesses 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 10-5-1(R). That Subsection A, Principal Permitted Uses, of Section 10-22-2, "F -W" Floodway (Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its entirety; and that a new Subsection A of said Section 10-22-2 is enacted in lieu thereof, as follows: A. Principal Permitted Uses. The following uses shall be permitted within the Floodway (Overlay) District to the extent they are not prohibited by other ordinance (or underlying zoning district) and provided they do not require placement of structures, factory built homes, fill or other obstruction, the storage of materials or other equipment, or excavation or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck fanning, forestry, sod farming, and crop harvesting. 2. Industrial -commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horse riding trails. 4. Stormwater detention or retention facilities. 5. Residential uses such as lawns, gardens, parking areas play areas. 6. Such other open -space uses similar in nature to the above uses. That the first unnumbered paragraph of Subsection B, Conditional Uses, of Section 10- 22-2, "F -W" Floodway (Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its entirety; and that a new first unnumbered paragraph of said Subsection B is enacted in lieu thereof, as follows: B. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, or excavation or alteration of a watercourse may be permitted only upon issuance of a Special Exception Permit by the Board of Adjustment. Such uses must also meet the applicable provisions of the Floodway District Performance Standards Ordinance No. 5395 Page 6 That Paragraphs 8 and 25 of Subsection B, Definitions, of Section 10-26-1, Outdoor Advertising Signs and Billboards, of Chapter 26, Outdoor Advertising Signs and Billboard, are hereby repealed in their entirety; and that new Paragraphs 8 and 25 of said Subsection B are hereby enacted in lieu thereof, as follows: 8. 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 itself, 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 billboards are located. Also referred to as an Off -Premise Advertising Sign. 25. Off -Premise Sign: A sign other than an on -premise sign. Bus benches with advertising are signs, but are regulated by Section 7-2B-3 of the City of Waterloo Code of Ordinance. Also referred to as a Billboard. That the first unnumbered Subparagraph of Paragraph 3 of Subsection C, Regulation of All Signs, of Section 10-26-1, Outdoor Advertising Signs and Billboards, of Chapter 26, Outdoor Advertising Signs and Billboards, is hereby repealed in its entirety; and that a new first unnumbered Subparagraph of said Paragraph 3 is hereby enacted in lieu thereof, as follows: Off -Premise Advertising is a traditional and legitimate advertising medium involving the lawful use of private property. The term Off -Premise Advertising Signs and Billboards shall be considered synonymous. That Paragraphs 6 and 7 of Subsection H, Special Permit Required, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, are hereby repealed in their entirety; and that new Paragraphs 6 and 7 of said Subsection H are hereby substituted in lieu thereof, as follows 6. Community building, institutional or community recreation center or field, commercial and private outdoor recreational uses such as baseball fields, swimming pools, skating facilities, golf course or country clubs, miniature/goofy golf and driving ranges, Commercial Campgrounds, Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcycles, Snowmobiles, or ATV's, Drive-in Theaters, or similar public or private open air recreational uses and facilities, excluding public or private parks or pedestrian recreational trails and accessory uses and structures customarily incidental to a park or pedestrian recreational trail. Private non-commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. 7. Public or private cemetery or burial ground. (Minimum thirty (30) acres.) That Subparagraph b of Paragraph 1 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph b of said Paragraph 1 is enacted in lieu thereof, as follows: b. Regulation of All Towers. Towers exceeding fifty (50) feet above grade, including wireless communication towers and facilities, shall be allowed upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission, except as provided in this Section. Wireless communication towers not exceeding fifty (50) feet shall be allowed Ordinance No. 5395 Page 7 upon approval of a Special Peunit by the Board of Adjustment after recommendation of the Commission, except as provided in this Section. Wind energy facilities shall be regulated by Section 10-27-1(S). That Part iii of Subparagraph a of Paragraph 3 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications; of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Part iii of said Subparagraph a is enacted in lieu thereof, as follows: Residential zoning classifications (a) All proposed structures to be constructed using camouflage design, to visually disguise them or architecturally integrate them from the public view and their surroundings. Such structures must be located at least twice the tower height from any 1 or 2 family dwelling lot (except if said dwelling lot is in an industrially zoned district). (b) All proposed structures co -located onto an existing communications facility or structure equal to or greater than 50 feet in height utilizing camouflage, stealth, and/or flush mount design. That Part i of Subparagraph a of Paragraph 4 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Part i of said Subparagraph a is enacted in lieu thereof, as follows: i. Communication structures are not permitted within 150 feet of an interstate or state highway. That Subparagraph b of Paragraph 5 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph b of said Paragraph 5 is enacted in lieu thereof, as follows: b. Co -location Effort. If the wireless communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it shall demonstrate a reason of substantial nature describing the inability to co - locate. This demonstration shall utilize one or more of the following criteria to satisfactorily illustrate why co -location on an existing structure is infeasible: Structural Infeasibility. The wireless communications company shall provide a structural 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 communications structure site. ii. Engineering Infeasibility. The wireless communications company shall provide engineering studies to show that the existing structure cannot be satisfactorily engineered to meet the coverage and/or capacity demands of its customers or function in its grid system. iii. Economic Infeasibility. Co -location on an existing structure is an incentive to, and is in the economic best interest of, each wireless communication company as co -location reduces the cost to deploy each communication site. Where negotiation to co -locate on an existing structure fails, the wireless communications company shall provide evidence, to include written assurances in the form of affidavits, that it Ordinance No. 5395 Page 8 could not obtain permission from owners of structures within a quarter (1/4) mile radius of the proposed site to install its antennas on those structures. The Zoning Board of Adjustment may deny the permit if it concludes that the applicant has not made a good faith effort to mount the antenna on an existing structure or for any other reason within the scope of the Board of Adjustment's authority. That Part iv of Subparagraph d of Paragraph 5 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Part iv of said Subparagraph d is enacted in lieu thereof, as follows: i. Twice the tower height from any 1 or 2 family dwelling lot (except if said dwelling lot is in an industrially zoned district). That Subparagraph k of Paragraph 5 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph k of said Paragraph 5 is enacted in lieu thereof, as follows: k. Site Plan. A full site plan shall be required for all communication structure sites, showing the structure, antenna, antenna support structure, building, fencing, buffering, existing and proposed utilities, and access. That Subparagraph g of Paragraph 6 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph g of said Paragraph 6 is enacted in lieu thereof, as follows: g. Any proposed free standing tower structure to be located within public street right-of-way shall go through the Commission for a recommendation to the Board of Adjustment, as a Special Permit. Such a request will require a notification by staff to all surrounding property owners within two hundred fifty (250) feet from the base of the tower. Any proposed free standing tower structure to be located within public street right-of-way shall be reviewed to ensure minimal adverse visual effects of the structure through careful design, siting, and locating to ensure compatibility with surrounding uses, and shall be reviewed to ensure it will not interfere with existing or anticipated future utility or transportation needs. Co -location of wireless communication facilities on existing structures within public street right-of-way may be reviewed under minor significance, but will still be reviewed to ensure minimal adverse visual effects of the structure through careful design, siting, and locating to ensure compatibility with surrounding uses, and will still be reviewed to ensure it will not interfere with existing or anticipated future utility or transportation needs. The City Planner may determine any such facility to be a major significance. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3th CONSIDERATION: April 3, 2017 April 10, 2017 April 10, 2017 PASSED AND ADOPTED this 10th day of April 2017. Ordinance No. 5395 Page 9 ATTEST: elley Fel City Clerk Quentin Hart, Mayor CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5395 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 10th day of April, 2017. SEAL Witness my hand and seal of office this 10th day of April, 2017. Kelley Fel City Clerk 1111 111 11111 11111111 DDI 111111111111111111 1111111111 Do ID 00766 4900 0 Type GEN Re orded 06/22/2017 at 1:46:54 AM Fe Amt: $52.00 Page 1 of 10 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2017-00022529 O9 j c IU&c-)IcO t This Ordinance prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa, 50704. ORDINANCE NO. 5395 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: AMENDING THE DEFINITIONS OF `BILLBOARD" AND "FENCE, RESIDENTIAL", IN SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, AND REPEALING PARAGRAPHS 4 AND 10 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-8-1, REGULATIONS, OF CHAPTER 8, "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT; AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 4 AND 10 OF SAID SUBSECTION A, AND REPEALING "DANCE AND/OR MUSIC STUDIO" AND "LANDSCAPE GARDENER" FROM PARAGRAPH 3 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-14-1, REGULATIONS, OF CHAPTER 14, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT, AND REPEALING PARAGRAPHS 6 THROUGH 30 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-15-1, REGULATIONS, OF CHAPTER 15, "C-2" COMMERCIAL DISTRICT, AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 6 THROUGH 28 OF SAID SUBSECTION A, AND REPEALING SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-22-2, "F -W" FLOODWAY (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION A OF SAID SECTION 10-22-2, AND REPEALING THE FIRST UNNUMBERED PARAGRAPH OF SUBSECTION B, CONDITIONAL USES, OF SECTION 10-22-2, "F -W" FLOODWAY (OVERLAY) DISTRICT, OF CHAPTER 22, FLOODWAY AND FLOOD PLAIN DISTRICTS; AND ENACTING IN LIEU THEREOF A NEW FIRST UNNUMBERED PARAGRAPH OF SAID SUBSECTION B, AND REPEALING PARAGRAPHS 8 AND 25 OF SUBSECTION B, DEFINITIONS, OF SECTION 10-26-1, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 8 AND 25 OF SAID SUBSECTION B, AND REPEALING THE FIRST UNNUMBERED SUBPARAGRAPH OF PARAGRAPH 3 OF SUBSECTION C, REGULATION OF ALL SIGNS, OF SECTION 10-26-1, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS, OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS; AND ENACTING IN LIEU THEREOF A NEW FIRST UNNUMBERED SUBPARAGRAPH OF PARAGRAPH 3 OF SAID SUBSECTION C, AND REPEALING PARAGRAPHS 6 AND 7 OF SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL (5) I0 Ordinance No. 5395 Page 2 PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF NEW PARAGRAPHS 6 AND 7 OF SAID SUBSECTION H, AND REPEALING SUBPARAGRAPH B OF PARAGRAPH 1 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATION FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH B, AND REPEALING PART III OF SUBPARAGRAPH A OF PARAGRAPH 3 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW PART III OF SAID SUBPARAGRAPH A, AND REPEALING PART I OF SUBPARAGRAPH A OF PARAGRAPH 4 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW PART I OF SAID SUBPARAGRAPH A, AND REPEALING SUBPARAGRAPH B OF PARAGRAPH 5 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH B OF SAID PARAGRAPH 5, AND REPEALING PART IV OF SUBPARAGRAPH D OF PARAGRAPH 5 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW PART IV OF SAID SUBPARAGRAPH D, AND REPEALING SUBPARAGRAPH K OF PARAGRAPH 5 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH K OF SAID PARAGRAPH 5, AND REPEALING SUBPARAGRAPH G OF PARAGRAPH 6 OF SUBSECTION 0, TOWERS AND WIRELESS COMMUNICATIONS FACILITIES, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH G OF SAID PARAGRAPH 6. BE IT ORDAINED by the City Council of the City of Waterloo that the City of Waterloo Zoning Ordinance No. 5079, as previously amended, is amended as set out herein, repealing those sections that are being replaced and setting forth the amendment or replacement sections, and further amending said Ordinance by adding amendments as set out herein. Said Ordinance, as amended hereby, shall apply to all lands lying within the corporate limits of the City of Waterloo, Black Hawk County, Iowa. This Ordinance shall be in full force and effect after its final passage and publication as provided by law. Ordinance No. 5395 Page 3 BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That the definitions of `Billboard" and "Fence, Residential" in Section 10-3-1, Definitions, of Chapter 3, Definitions, are hereby repealed, with the definitions set forth below enacted in lieu thereof: 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 itself, 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. Also referred to as an Off -Premise Advertising Sign. Fence, Residential: A barrier and/or structure erected accessory to a residential use or in an "R" District intended to provide security, mark a boundary, or as a means of landscaping with no portion of fence extending onto adjacent property or right-of-way. Such fence shall be constructed of materials commonly used for landscape fencing such as masonry block, lumber, chain link, but shall not include corrugated sheet metal, slats, tarp, cloth, mesh or similar coverings, barbed wire, concertina wire or similar wire, salvage material, or electrified. [Ordinance 4508, 9/4/01]. That Paragraphs 4 and 10 of Subsection A, Principal Permitted Uses, of Section 10-8-1, Regulations, of Chapter 8, "R-1" One and Two Family Residence District, are hereby repealed in their entirety; and that new Paragraphs 4 and 10 of said Subsection A are enacted in lieu thereof, as follows: 4. Private recreational areas and facilities such as swimming pools, skating facilities, community building or indoor institutional or community recreation centers or fields, country clubs, golf courses and driving ranges when incidental to a golf course, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission. 10. Public or private cemetery or burial ground provided it is on a minimum of thirty (30) acres, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission. This provision shall not prohibit the expansion of an existing cemetery or burial ground that is less than thirty (30) acres. That the terms "Dance and/or Music Studio" and "Landscape Gardener" are hereby repealed from Paragraph 3 of Subsection A, Principal Permitted Uses, of Section 10-14-1, Regulations, of Chapter 14, "C-1" Neighborhood Commercial District. That Paragraphs 6 through 30 of Subsection A, Principal Permitted Uses, of Section 10- 15-1, Regulations, of Chapter 15, "C-2" Commercial District, are hereby repealed in their entirety; and that new Paragraphs 6 through 28 of said Subsection A are enacted in lieu thereof, as follows: 6. Clothes Dry Cleaning and/or dyeing establishments. 7. Commercial Indoor Recreational Facilities such as Billiard Parlors and Pool Halls, Dance Halls and Ballrooms, Dance/Gymnastic/Ballet Studios, Bowling Alleys, Skating Rinks, Game Arcades, Tennis Courts, Swimming Pools, Handball Courts, Archery and Gun Firing Ranges, Paintball and Laser Tag Facilities, Bounce House and Trampoline Facilities, and other similar Indoor Recreational Uses. Facilities with both indoor and outdoor recreational uses shall require Special Peunit approval as noted in subsection 8. below. 8. Commercial and Private Outdoor Recreational Uses such as Baseball Fields, Swimming Pools, Skating, Golf Driving Ranges, Commercial Campgrounds, Ordinance No. 5395 Page 4 Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcycles, Snowmobiles, or ATV's, Miniature/Goofy Golf Courses, Drive-in Theaters, or similar open air recreational uses and facilities, upon approval of a Special Permit by the Board of Adjustment after review by the Commission. Private non- commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. 9. Contractor Businesses, including Carpenter and Cabinet Shop, Plumbing and Heating Shop, Roofing Shop, Sheet Metal Shop, Sign Painting Shop, Landscaping Business, and similar uses, provided there is no outside equipment yard. 10. Contractor Businesses including Contractor Equipment Yards, provided that equipment yards shall be effectively screened on each side facing a Residential District and on each side facing a public street by a fence, wall or densely planted compact hedge not less than six (6) feet or more than eight (8) feet in height, and, for equipment yards, upon approval of a Special Permit by the Board of Adjustment after review by the Commission. 11. Department Stores 12. Drinking Establishments, Taverns, Bars and Night Clubs, Summer Gardens, and Road Houses, including entertainment and dancing, provided that any such use that meets the definition of Alcohol Sales Use shall meet the requirements for an alcohol sales use. 13. Hotels [Ordinance 4592, 1/6/03] 14. Kennel, provided the principal 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 review by the Commission. 15. Laundries or Laundromats 16. Lawn Mower Repair Shop 17. Lumber Yards and Building Materials, retail, but not including any manufacturing or fabricating for wholesaling operations. 18. Mini -storage or storage rental development, upon issuance of a Special Permit, which shall review the location for compatibility of surrounding, highest and best use of land, and proximity to a major thoroughfare. [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. 19. Monument Sales Yard, but not without a principal building. 20. Off -premise advertising in accordance with Section 10-26-1. [Ordinance 4724, 9/20/04] 21. Motels and Auto Courts 22. Pet Shop, including Aquariums 23. Printing Shops, not to include more than two (2) 12"x 18" inch job presses 24. Restaurant: Fast Food Type and Standard Type, and drive-in eating establishments, provided that any such use that meets the definition of an Alcohol Sales Use shall meet the requirements for a limited alcohol sales use (on -premise consumption). 25. Delayed deposit service uses, provided that such uses meet the following requirements: a. The use is licensed as a delayed deposit services business by the State of Iowa. Ordinance No. 5395 Page 5 b. No delayed deposit service use shall be located within 600 feet from any of the following, as measured in a straight line from the closest point of the property line in which a delayed deposit service use is located to the closest point of the property line of such other use or area: protected uses, pawnbroker uses, other delayed deposit service uses, adult uses, or non - limited alcohol sales uses. c. No delayed deposit service use shall offer or provide delayed deposit services via a drive-through or walk-up window or any similar drive -up or drive-in system. 26. Pawnbroker uses 27. Freestanding Commercial Parking Lots, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission. [Ordinance 5288, 06/15/15] 28. Other similar service and retail businesses 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 10-5-1(R). That Subsection A, Principal Permitted Uses, of Section 10-22-2, "F -W" Floodway (Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its entirety; and that a new Subsection A of said Section 10-22-2 is enacted in lieu thereof, as follows: A. Principal Permitted Uses. The following uses shall be permitted within the Floodway (Overlay) District to the extent they are not prohibited by other ordinance (or underlying zoning district) and provided they do not require placement of structures, factory built homes, fill or other obstruction, the storage of materials or other equipment, or excavation or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and crop harvesting. 2. Industrial -commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horse riding trails. 4. Stormwater detention or retention facilities. 5. Residential uses such as lawns, gardens, parking areas play areas. 6. Such other open -space uses similar in nature to the above uses. That the first unnumbered paragraph of Subsection B, Conditional Uses, of Section 10- 22-2, "F -W" Floodway (Overlay) District, of Chapter 22, Floodway and Flood Plain Districts, is hereby repealed in its entirety; and that a new first unnumbered paragraph of said Subsection B is enacted in lieu thereof, as follows: B. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, or excavation or alteration of a watercourse may be permitted only upon issuance of a Special Exception Permit by the Board of Adjustment. Such uses must also meet the applicable provisions of the Floodway District Performance Standards. Ordinance No. 5395 Page 6 That Paragraphs 8 and 25 of Subsection B, Definitions, of Section 10-26-1, Outdoor Advertising Signs and Billboards, of Chapter 26, Outdoor Advertising Signs and Billboard, are hereby repealed in their entirety; and that new Paragraphs 8 and 25 of said Subsection B are hereby enacted in lieu thereof, as follows: 8. 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 itself, 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 billboards are located. Also referred to as an Off -Premise Advertising Sign. 25. Off -Premise Sign: A sign other than an on -premise sign. Bus benches with advertising are signs, but are regulated by Section 7-2B-3 of the City of Waterloo Code of Ordinance. Also referred to as a Billboard. That the first unnumbered Subparagraph of Paragraph 3 of Subsection C, Regulation of All Signs, of Section 10-26-1, Outdoor Advertising Signs and Billboards, of Chapter 26, Outdoor Advertising Signs and Billboards, is hereby repealed in its entirety; and that a new first unnumbered Subparagraph of said Paragraph 3 is hereby enacted in lieu thereof, as follows: Off -Premise Advertising is a traditional and legitimate advertising medium involving the lawful use of private property. The term Off -Premise Advertising Signs and Billboards shall be considered synonymous. That Paragraphs 6 and 7 of Subsection H, Special Permit Required, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, are hereby repealed in their entirety; and that new Paragraphs 6 and 7 of said Subsection H are hereby substituted in lieu thereof, as follows 6. Community building, institutional or community recreation center or field, commercial and private outdoor recreational uses such as baseball fields, swimming pools, skating facilities, golf course or country clubs, miniature/goofy golf and driving ranges, Commercial Campgrounds, Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcycles, Snowmobiles, or ATV's, Drive-in Theaters, or similar public or private open air recreational uses and facilities, excluding public or private parks or pedestrian recreational trails and accessory uses and structures customarily incidental to a park or pedestrian recreational trail. Private non-commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. 7. Public or private cemetery or burial ground. (Minimum thirty (30) acres.) That Subparagraph b of Paragraph 1 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph b of said Paragraph 1 is enacted in lieu thereof, as follows: b. Regulation of All Towers. Towers exceeding fifty (50) feet above grade, including wireless communication towers and facilities, shall be allowed upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission, except as provided in this Section. Wireless communication towers not exceeding fifty (50) feet shall be allowed Ordinance No. 5395 Page 7 upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission, except as provided in this Section. Wind energy facilities shall be regulated by Section 10-27-1(S). That Part iii of Subparagraph a of Paragraph 3 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications; of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Part iii of said Subparagraph a is enacted in lieu thereof, as follows: Residential zoning classifications (a) All proposed structures to be constructed using camouflage design, to visually disguise them or architecturally integrate them from the public view and their surroundings. Such structures must be located at least twice the tower height from any 1 or 2 family dwelling lot (except if said dwelling lot is in an industrially zoned district). (b) All proposed structures co -located onto an existing communications facility or structure equal to or greater than 50 feet in height utilizing camouflage, stealth, and/or flush mount design. That Part i of Subparagraph a of Paragraph 4 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Part i of said Subparagraph a is enacted in lieu thereof, as follows: i. Communication structures are not permitted within 150 feet of an interstate or state highway. That Subparagraph b of Paragraph 5 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph b of said Paragraph 5 is enacted in lieu thereof, as follows: b. Co -location Effort. If the wireless communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it shall demonstrate a reason of substantial nature describing the inability to co - locate. This demonstration shall utilize one or more of the following criteria to satisfactorily illustrate why co -location on an existing structure is infeasible: Structural Infeasibility. The wireless communications company shall provide a structural 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 communications structure site. ii Engineering Infeasibility. The wireless communications company shall provide engineering studies to show that the existing structure cannot be satisfactorily engineered to meet the coverage and/or capacity demands of its customers or function in its grid system. iii. Economic Infeasibility. Co -location on an existing structure is an incentive to, and is in the economic best interest of, each wireless communication company as co -location reduces the cost to deploy each communication site. Where negotiation to co -locate on an existing structure fails, the wireless communications company shall provide evidence, to include written assurances in the fouin of affidavits, that it Ordinance No. 5395 Page 8 could not obtain permission from owners of structures within a quarter (1/4) mile radius of the proposed site to install its antennas on those structures. The Zoning Board of Adjustment may deny the permit if it concludes that the applicant has not made a good faith effort to mount the antenna on an existing structure or for any other reason within the scope of the Board of Adjustment's authority. That Part iv of Subparagraph d of Paragraph 5 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Part iv of said Subparagraph d is enacted in lieu thereof, as follows: Twice the tower height from any 1 or 2 family dwelling lot (except if said dwelling lot is in an industrially zoned district). That Subparagraph k of Paragraph 5 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph k of said Paragraph 5 is enacted in lieu thereof, as follows: k. Site Plan. A full site plan shall be required for all communication structure sites, showing the structure, antenna, antenna support structure, building, fencing, buffering, existing and proposed utilities, and access. That Subparagraph g of Paragraph 6 of Subsection 0, Towers and Wireless Communication Facilities, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a new Subparagraph g of said Paragraph 6 is enacted in lieu thereof, as follows: g. Any proposed free standing tower structure to be located within public street right-of-way shall go through the Commission for a recommendation to the Board of Adjustment, as a Special Permit. Such a request will require a notification by staff to all surrounding property owners within two hundred fifty (250) feet from the base of the tower. Any proposed free standing tower structure to be located within public street right-of-way shall be reviewed to ensure minimal adverse visual effects of the structure through careful design, siting, and locating to ensure compatibility with surrounding uses, and shall be reviewed to ensure it will not interfere with existing or anticipated future utility or transportation needs. Co -location of wireless communication facilities on existing structures within public street right-of-way may be reviewed under minor significance, but will still be reviewed to ensure minimal adverse visual effects of the structure through careful design, siting, and locating to ensure compatibility with surrounding uses, and will still be reviewed to ensure it will not interfere with existing or anticipated future utility or transportation needs. The City Planner may determine any such facility to be a major significance. INTRODUCED: PASSED In CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3`d CONSIDERATION: April 3, 2017 April 10, 2017 April 10, 2017 PASSED AND ADOPTED this loth day of April 2017. Ordinance No. 5395 Page 9 ATTEST: K.elley Fel City Clerk Quentin Hart, Mayor CERTIFICA I I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5395 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 10th day of April, 2017. SEAL J - Witness my hand and seal of office this 10th day of April, 2017. Kelley Fel City Clerk