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HomeMy WebLinkAbout06/19/2017Council Work Session June 19, 2017 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. Cancelled—City that Speaks: Interactive tech projects. Submitted By: Cherie Kabbah, Visitor Services Manager 4:25 p.m. Amendment to the City of Waterloo Zoning Ordinances Regarding Hobby Farms and Farm Animals. Submitted By:Aric Schroeder, City Planner Approx. Sidewalk Ordinance Revision to City Code Section 7-1-6. 4:55 p.m. Submitted By: David R. Zellhoefer, City Attorney ADJOURNMENT Kelley Felchle, CMC City Clerk CITY OF WATERLOO Council Communication Cancelled --City that Speaks: Interactive tech projects. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Culture & Arts Even, LeAnn Approved 6/14/2017 - 2:02 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Cancelled --City that Speaks: Interactive tech projects. Submitted By: Cherie Kabbah, Visitor Services Manager CITY OF WATERLOO Council Communication Amendment to the City of Waterloo Zoning Ordinances Regarding Hobby Farms and Farm Animals. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 6/14/2017 - 10:34 AM Clerk Office Even, LeAnn Approved 6/14/2017 - 11:03 AM ATTACHMENTS: Description Type D Zoning Ordinance Amendment for Hobby Farms Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Amendment to the City of Waterloo Zoning Ordinances Regarding Hobby F arms and F arm Animals. Submitted By:Aric Schroeder, City Planner Review and suggest any additional changes before it is brought before the Council for adoption. Staff is proposing an amendment to the City of Waterloo Zoning Ordinance regarding hobby farms and farm animals. The amendment would change multiple definitions that relate to farm animals, and make changes to how farm animals are regulated, including changes in the "A-1" Agricultural District, "R -R" Rural Residence District, and "R-1" One and Two Family Residence District (which said "R-1" regulations apply in all other zoning districts as well). It also updates the wording and requirements in the Special Permit section, requiring a Special Permit for most, but not all hobby farms, and creates a new section specifically regulating hobby farms, which are called an Urban Animal Hobby Farm (UAHF). Prior to 2011 most farm animals were not permitted within the City of Waterloo with limited exceptions. In 2011, as part of the major overhaul to the entire Zoning Ordinance, hobby farms were added to the Zoning Ordinance, but were required to obtain special permit approval (requires recommendation of Planning Commission and final approval by the Board of Adjustment). But the ordinance did not provide any standards for issuance of a special permit. After several requests for special permit for a hobby farm were tabled indefnitely, the Commission and Board asked planning staff to re-evaluate hobby farms and propose an amendment that would provide more standards for where and how they would be permitted. After significant research and input, staff prepared a proposed amendment. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: After multiple meetings with the Commission and tweaks made based on their input, the proposed amendment attached was unanimously recommended for approval by the Commission. None N/A Zoning Ordinance/Land Use Amendment to the City of Waterloo Zoning Ordinance Changes and Updates to the City of Waterloo Zoning Ordinance, including: - Section 10-3-1 Definition: update definition of Abutting to include adjoining - Section 10-3-1 Definitions: update definition of Animals, Household Pet to add reference to "when housed within a dwelling" for rabbits - Section 10-3-1 Definitions: update definition of Animals, Livestock - Section 10-3-1 Definitions: update definition of Farm, Hobby to refer to Urban Animal Hobby Farm (UAHF) - Section 10-3-1 Definitions: update definition of Feed Lot to prohibit new or expanded feed lots. - Section 10-3-1 Definitions: add a definition of Urban Animal Hobby Farm (UAHF) - Section 10-6-1 "A-1" Agricultural District Principal Permitted Uses: update regulations pertain- ing to farm animals, livestock and specialized animal farms - Section 10-7-1 "R -R" Rural Residence District Principal Permitted Uses: update regulations per- taining to farm animals, livestock and specialized animal farms - Section 10-8-1 "R-1" One and Two Family Residence District Principal Permitted Uses: update regulations pertaining to farm animals, livestock and specialized animal farms - Section 10-27-1 (H)(26) Update Hobby Farm as a Special Permit use - Section 10-27-1 (U) Create a new Section U regulating Urban Animal Hobby Farms (UAHF) Ordinance No. Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: City Council Approval: CHAPTER 1 TITLE AND PURPOSE 10-1-1 TITLE AND PURPOSE. CHAPTER 1 TITLE AND PURPOSE [Ordinance 3196, 2/22/82] 10-1-1 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, sewerage, 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. CHAPTER 2 INTERPRETATION OF STANDARDS 10-2-1 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 1 statutes. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirements applies, unless otherwise specified. 10-2-2 INTERPRETATION PERTAINING TO FLOOD PLAIN MANAGEMENT. [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] CHAPTER 3 DEFINITIONS [Ordinance 3175, 12/14/81] [Ordinance 3378, 12/17/84] 10-3-1 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, adjoining. Accessory Structure: A structure located on the same lot with the principal use or CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. premise consumption), commonly known as a liquor store or similar establishment. e. Non -Limited Alcohol Sales use (on -premise consumption), which shall include any alcohol sales use with on -premise consumption that does not meet the definition of ei- ther an incidental alcohol sales use or a limited alcohol sales use (on - premise consumption), commonly known as a bar, tavern, night club, dance hall or similar establish- ment. Alley: A public way, other than a street, affording secondary means of access to abut- ting property. Animals, Farm: Animals other than household pets, such as livestock, that, where permitted, are kept and maintained for com- mercial production and sale, family food or by-product production, and/or educational or recreational purposes. Animals, Household Pet: Includes, but is not limited to, dogs, cats, rabbits (when housed within a dwelling), birds, hamsters, and other similar animals kept for family en- joyment or companionship, and not for com- mercial or economic reasons. See also "Ken- nel". Animals, Livestock: Includes, but is not limited to, horses, cows, pigs, sheep, chickens and poultry (excluding roosters), goats, os- triches, rheas, emus, farm deer, and other similar animals that are typically raised for meat, wool, eggs, milk or other functional or economic uses. Roosters, camel, guinea, fal- con, peacock, or any exotic animals as deter- mined in the reasonable discretion of the City Planner or designee shall be prohibited with- in the City of Waterloo. Swine (including pot belly pigs) shall be prohibited within the City of Waterloo except as provided in Section 5-1- 2 of the Code of Ordinances. 5 Amendment: A change, supplement, revi- sion or reclassification in the Zoning Ordi- nance. An amendment can take three (3) forms: (1) a comprehensive revision or modi- fication of the zoning text and map; (2) a text change in zone requirements; and (3) a change in the map, i.e., the zoning desig- nation of a particular parcel or parcels. Apartment: A dwelling unit in a multiple dwelling. Apartment Hotel: A building containing both dwelling units and rooming units, used primarily for permanent occupancy. Apartment House: See Dwelling, Multi- ple. Auction Establishments: Any property 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 provided in Section 3-4A-2 of the City Code. Base Flood: The flood having one (1) per- cent chance of being equaled or exceeded in any given year. (See One Hundred (100) Year Flood). [Ordinance 5049, 6/20/11] Basement: A story having part but not more than one-half (1/2) of its average height below grade. A basement is counted as a sto- ry for the purpose of height regulations. A basement may be used as a habitable floor subject to the requirements of the currently adopted Building Code. For floodplain man- agement purposes only, a basement shall mean any enclosed area of a building having its floor or lowest level below ground level (subgrade) on all sides. [Ordinance 5049, 6/20/11] Bed and Breakfast: A building other than a hotel where, for compensation, meals or lodging are provided on a short-term basis. Short-term shall be defined as two weeks or less. Billboard: "Billboard" as used in this Or- dinance shall include all structures regardless of the material used in the construction of the CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. the City of Waterloo. May also be referred to as "existing structure". [Ordinance 5049, 6/20/11] Factory -Built Home Park or Subdivision: A parcel or contiguous parcels of land divid- ed into two or more factory -built home lots for rent or sale. [Ordinance 3487, 6/15/87] Any such development 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] Factory -Built Housing: A factory -built structure designed for long-term residential use. For the purposes of these regulations, factory -built housing consists of three (3) types: modular homes, mobile homes, and manufactured homes. Factory -Built Structure: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installa- tion, on a building site. For the purpose of this Ordinance, including floodplain man- agement, factory -built homes include 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] Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons. This provision shall not re- strict children under foster care or exchange students. Family Home: Family home providing care for the mentally or physically dependent 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 supervision within a family home for not more than eight (8) mentally or physically dependent individ- uals. [Ordinance 3959, 7/26/93] [Ordinance 9 4554, 6/3/02] Family Home shall also refer to homes for other individuals protected by the Fair Housing Amendments Act. 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 farm poultry and farm animals. The term "farming" includes the operation of such area for uses for treating or storing the food pro- duce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feed- ing of garbage or offal to swine or other ani- mals. Farm, Hobby: A small gathcring of farm tic, horses, elk, dccr or similar large animals. Such animals may be kept for commercial production and sale, family food or by product production, and/or educational or recreational purposes, but not as a primary source of incomc.See Urban Animal Hobby Farm (UAHF). Farm House: A house located on land operated as a farm which is, or will be, occu- pied by a person engaged in agriculture on that same unit. Fast Food: See Restaurant. Feed Lot: Any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs, or sheep. After January 1, 2018 no new feed lot shall be established, and no existing feed lot shall be expanded in area, except those meeting Urban Animal Hobby Farm (UAHF) requirements. Fence, Non -Residential: A barrier and/or structure erected accessory to a non- residential use and not located in an "R" Dis- trict intended to provide security, mark a boundary or a means of landscaping with no portion of fence extending onto adjacent CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. structures on separate lots with diverse own- ership shall be required to meet all applicable codes and ordinances regarding building, fire, water and utility connections, drainage, subdivision, etc., and shall provide perma- nent cross easements for access, parking, and utilities and permanent maintenance agree- ments for shared infrastructure, such as the parking and vehicular use areas, storm water detention, utility connections, etc. [Ordinance 4774, 06/06/05] Structural Alterations: Any replacement or changes in the types of construction or in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, beyond ordinary repairs and maintenance. Structure: Anything constructed or erect- ed including, but not limited to, buildings, mobile homes, factory built homes, fences, billboards and signs. [Ordinance 4725, 09/20/04] Structure, Height of The vertical distance from the average grade to the highest point. See "Building, Height of" for buildings. Structure, Principal: The main or primary structure on a lot used or intended for use for a principal use. This shall not prohibit more than one principal structure on a lot if all oth- er requirements of this Ordinance are met. Substance Abuse Facility: See Group Home (Supervised or Unsupervised) [Ordi- nance 4554, 6/3/02] Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damage condition would equal or exceed 50% of the market value of the structure before the damage occurred. [Ordinance 3810, 8/19/91] Substantial Improvement: Any im- provement to a structure which satisfies ei- ther of the following criteria: 1.) Any repair, reconstruction, rehabilitation, addition or im- provement of a structure, the cost of which equals or exceeds 50% of the market value of 21 the structure either (a) before the start of con- struction of the improvement, or (b) if the structure has been substantially damaged and is being restored, before the damage oc- curred. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifi- cations which have been identified by the lo- cal code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration will not pre- clude the structure's continued 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 constructed after July 3, 1985 shall be added to any proposed addi- tion in determining whether the total increase in original floor space would exceed 25 per- cent. [Ordinance 5049, 6/20/11] Trailer: See "Mobile Home." Trailer Park: See "Mobile Home Park." Urban Animal Hobby Farm (UAHF): A small gathering of farm animals kept for commercial production and sale, family food or byproduct production, and/or educational or recreational purposes, but not as a primary source of income. Animals not allowed as part of a UAHF include swine (including pot belly pigs), camels, roosters, guinea, falcon, peacock, or any exotic animals as determined in the reasonable discretion of the City Plan- ner or designee. Horses shall not be regulat- ed as part of a UAHF. Used Car Lot: A designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning and repairing any motor vehicle of a type subject to registration under the laws of the State of Iowa. Use, Principal: The main or primary purpose for which a building, structure or lot is designed, arranged, or intended, or for which they may be used, occupied, or main- tained under this Ordinance. CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. 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. 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 point schedule and conditions apply to required landscaping in all zones and shall be used in determin- ing 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 40 points 11 inch caliper or greater 30 points 1 inch caliper or greater 20 points 41 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 [Ordinance 3907, 12/21/92] CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. The regulations set forth in this Chap- ter and those contained in Chapter 5 shall apply in the "A-1" Agricultural District. The "A-1" District is intended to provide for areas of the community which are suitable for agricultural and interrelated agricultural uses that are adjacent to residential, commercial or industrial districts. Any outside storage of materials or equipment shall be limited and clearly incidental and accessory to the Princi- pal Permitted Use, and shall not include 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 restrict the outside storage of licensed and operable ve- hicles or agricultural equipment or machinery that are accessory and clearly incidental to the Principal Permitted Use. A. Principal Permitted Uses: 1. Agricultureal, farming and the usual agricultural buildings and structures, including specialized animal farms, provided that no structures shall be permitted unless accessory to another Principal Permitted Use or unless such structures are located on a farm CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. as defined herein. The Urban Animal Hobby Farm (UAHF) regulations of Section 10 27 1(U) shall govern the keeping of any farm animals not a:ro ciated with a farm of at least 35 acres. Any fenced confinement area (exclud- ing pastures) for farm animals shall have a minimum 10 -foot setback from all property lines. Also a single- family dwelling provided that the owner/occupant is actively engaged in the farming operation and is a member of the farm owner's immedi- ate 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 sep- arated from a farm and at least thirty- 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- ever that any structures associated with such uses shall comply with Sec- tion 10-5-1(E) as if accessory to a sin- gle family residence, unless such uses are located on a farm as defined here- in. 3. Pigeon, rabbit and other specialized animal farms, but not including the feeding or disposal of community or collected garbage. 4.3. Stables, public and private, riding academies and clubs, and riding are- nas, where there exists a minimum lot size of ten (10) acres and an area de- voted to such purposes of at least five thousand (5,000) square feet per ani- 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 42 to such uses shall be kept in a clean and sanitary condition. Private (non- commercial) stables shall not be sub- ject to the ten (10) acres requirement. 5.4. Grain elevators with usual accessory structures and the seasonal storage of coal whenever on or adjacent to and not more than one hundred (100) feet from a railway right-of-way. 6.5. Mining and extraction of minerals or raw material, including sand or gravel pits or borrow sites, upon approval of a Special Permit by the Board of Ad- justment after review by the Commis- sion. 7,6. Airports and landing fields, with Fed- eral Aviation Administration approv- al if required. 877. Forest and forestry. 9,8. Parks, playgrounds, recreational trails, and similar recreational uses. 10 9.Any public building or use erected or maintained by any department of the city, township, county, state or federal government a public agency, upon approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission, except as provided in Section 10-27-1. 14-10.Public utility structures and equip- ment necessary for the operation thereof in accordance with Section 10- 27-1. 1 11.Transmitting stations and towers in accordance with Section 10-27-1. 1-12.Recreational vehicles as defined herein, within special flood hazard ar- eas 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. CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-2 HEIGHT REGULATIONS. 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] 1443.Single-family homes that were legal- ly built prior to adoption of Ordinance 2479, adopted 02/03/69. For the pur- poses of this Ordinance, any such le- gally established dwelling is not con- sidered a non -conforming use as de- fined herein, but is considered a legal use. Furthermore, any such legally es- tablished dwelling may be rebuilt on the same lot as legally established, provided that all other rules and regu- lations of this Ordinance are met. However, such rebuild must occur within two (2) years of the removal of the original structure or within two (2) years of removal of a legal replace- ment structure. [Ordinance 4656, 11/10/03] [Ordinance 5288, 06/15/15] 15,14.Public and parochial schools and other educational institutions having an established current curriculum similar to that ordinarily given in Wa- terloo public schools, and colleges, universities, or institutions of higher education, upon approval of a Special Permit by the Board of Adjustment af- ter review by the Commission. 16715.Large Wind Energy Facilities upon approval of a Special Permit by the Board of Adjustment after review by the Commission and in accordance with Section 10-27-1. 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. 10-6-2 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. 10-6-3 BULK REGULATIONS. The following minimum requirements shall be observed, subject to the modified re- quirements contained in Section 10-27-1: "A-1" AGRICULTURAL DISTRICT USE MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM LOT AREA PER FAMILY MINIMUM FRONT YARD (1) MINIMUM SIDE YARD MINIMUM REAR YARD Farm Building or Farm 35 Acres No Minimum 35 Acres 50 Feet 25 Feet 50 Feet House Single Family Dwellings built prior to Ordinance 1.5 Acres 150 Feet 1.5 Acres 50 Feet 25 Feet 50 Feet Other Permitted Uses 1.5 Acres No Minimum 1.5 Acres 50 Feet 50 Feet 50 Feet (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. 43 CHAPTER 7 "R -R" RURAL RESIDENCE DISTRICT 10-7-1 PURPOSE. CHAPTER 7 "R -R" RURAL RESIDENCE DISTRICT [Ordinance 4616, 6/9/03] 10-7-1 PURPOSE. The "R -R" Rural Residential District is intended to provide regulations for land that is being converted to large lot resi- dential uses. Lots to be included in this District must be larger than one and one half (1.5) acres but smaller than ten (10) acres. Because availability of either water or sewer services for properties in this District are provided through the use of individual wells or rural water type sys- tem and septic systems they must meet Board of Health standards. Areas to be developed shall be conducive to the con- struction and operation of onsite waste treatment systems and private water 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 are- as where it is feasible. 44 10-7-2 REGULATIONS. The regulations set forth in this Chap- ter and the regulations contained in Chapter 5 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. The Urban Animal Hobby Farm (UAHF) regulations of Section 10-27- 1(U) shall govern specialized animal farms and the keeping of farm ani- mals; and livestock, except when on a farm of over 35 acres and specialized animal farms shall be permitted upon approval of a Special Permit by the Board of Adjustment after rccom mcndation of the Commission, except as provided in Section 10 27 1. Hors cs shall be regulated by 10 7 2(B)(4). 3. Public or semi-public parks. 4. Public utility structures and equip- ment necessary for the operation thereof in accordance with Section 10- 27-1. 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 inci- dental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. Home Occupations 4. 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- CHAPTER 8 "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 10-7-3 HEIGHT REGULATIONS. 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 10-7-3 HEIGHT REGULATIONS. No building shall exceed three (3) sto- ries or forty (40) feet in height, except as provided in Section 10-27-1. 10-7-4 BULK REGULATIONS. The following minimum requirements shall be observed, subject to the modified requirements contained in Section 10-27- 1: "R -R" RURAL RESIDENCE DISTRICT USE Minimum Lot Area Maximum Lot Area Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Single Family Dwell- ings 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet Other Permitted Uses 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet CHAPTER 8 "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS. The regulations set forth in this Chap- ter and the regulations contained in Chapter 5 shall apply in the "R-1" Resi- dence District. The "R-1" District is intended to pro- vide for areas of the community which are suitable for low density residential uses that are adjacent to residential, pro- 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 materi- al or similar debris. Outside storage of materials or equipment shall not be per- mitted in a front yard. This provision 45 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. A. Principal Permitted Uses: 1. One and two family dwellings, includ- ing two-family row dwellings. [Ordi- nance 4618, 6/16/03] Alterations and conversions of single family dwellings into two family dwellings shall only be allowed in accordance with the lot area, frontage and yard requirements as set forth in this Section, and upon approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission. [Ordi- nance 5288, 06/15/15] 2. Religious facilities, upon approval of a Special Permit by the Board of Ad- justment after recommendation of the Commission. 3. Public and parochial schools and oth- er educational institutions having an CHAPTER 8 "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS. established current curriculum similar to that 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 recreational areas and facilities such as swimming pools, skating facil- ities, community building or indoor institutional or community recreation centers or fields, country clubs, golf courses and driving ranges when in- cidental to a golf course, upon ap- proval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission. [Ordi- nance 5395, 04/10/17] 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 structures is -are lo- cated on a farm as defined herein. The Urban Animal Hobby Farm (UAHF) regulations of Section 10-27-1(U) shall govern specialized animal farms and the keeping of fFarm animals and livestock, except when on a farm of over 35 acres, except horses and cx ccpt hobby farms as provided in Scc tion 10 27 1, 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: a. Be on the site for fewer than 180 consecutive days, and b. Be fully licensed and ready for highway use. 46 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, playgrounds, recreational trails, and similar recreational uses. 9. Any public building or use erected or maintained by any department of the city, township, county, 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 10-27-1. 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 Ad- justment 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. [Ordinance 5395, 04/10/17] 11. Public utility structures and equip- ment necessary for the operation thereof in accordance with Section 10- 27-1. 12. Transmitting stations and towers in accordance with Section 10-27-1. 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 meet the CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. justment shall have the author- ity to amend or revoke the special use permit. [Ordinance 4976, 11/23/09] c. The purpose and intent of these special permit regulations is to avoid undue concentration of cer- tain alcohol sales uses, to mitigate the secondary effects of certain al- cohol sales uses, to preserve and protect neighborhoods from dete- rioration and loss of property val- ue due to incompatible uses, and otherwise to promote the general purposes of the zoning ordinance. Except in the "C-3" District, the provisions of this subsection 15 shall apply in addition to any oth- er zoning district regulations and requirements in which the land may be classified. In the case of conflict, the most restrictive provi- sions shall govern, except as oth- erwise expressly provided in this subsection. 16. Religious facilities. 17. Non-profit institutions of 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 10-27- 1(B)(4), 10 -27 -1(D), 0 -27- 1(B)(4),10 -27-1(D), and 10-27-1(T). 21. Kennels. 22. Public utility structures and equip- ment necessary for the operation 150 thereof except as provided in Section 10-27-1(S). 23. Contractor Businesses when including equipment yards and when located in a "C-2" or "C-3" District. 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 con- sistent and compatible with existing and future surrounding land uses. Fu- ture land uses shall be reviewed based on the designation of property on the Future Land Use Map, a component of the City of Waterloo Comprehen- sive Plan. 26. Urban Animal Hobby Farms (UAHF) except as provided for in Section 10- 27-1 (U), 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 nui- sance on adjoining property. Other criteria to determine if a Special Per- mit shall be granted shall include, but not be limited to: size of lot in relation to the size and number of proposed animals, size of pen(s) in relation to the size and number of proposed an- imals, proximity of surrounding de- velopment, in particular residential development, and the proposed waste disposal plan. An approved Hobby Farm shall require an annual license issued by Planning staff. The license shall be valid from July 1 to the fol lowing June 30. Every Hobby Farm CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. shall be inspected prior to i ,uance of a licence. Failure of a Hobby FarmUAHF to comply with the re- quirements for a Hobby FarmUAHF or any requirements or conditions placed on the Special Permit approval for a Hobby Farm shall be subject to review by the Board of Adjustment to determine if the Special Permit shall be revoked result in thc licence being denied. Any Hobby Farm denied a li cense shall bc subject to review by the Board of Adjustment to determine if thc Special Pcrmit shall bc revoked. No Hobby Farm or farm animals shall bc kcpt in an "R 1" or lees restrictive District if they have not been ap proved as required herein, or if Spc cial Permit approval has been rc yoked. Any such property with farm animals existing at the time of enact- ment of this Ordinance shall obtain apply for Special Permit approval (if required) for a Hobby FarmUAHF or remove said farm animals within one year of enactment of this Ordinan eeprior to January 1, 2018. 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 the Bulk Regulations of the district in which it is located. [Or- dinance 5288, 06/15/15] 28. Freestanding commercial parking lots. [Ordinance 5288, 06/15/15] 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 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 151 action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed; provided, however that if no report is received from the Commission with- in forty-five (45) days, it shall be assumed that approval of the application has been giv- en by the Commission. [Ordinance 3918, 1/11/93] The provisions of 10-28-4 (Special Permit, Appeals, and Variances) shall also apply. Minor changes that do not substantially alter the character of any Special Permit may be administratively reviewed and approved by the Planning staff. If 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. [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- tions, or change in the 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 may include 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 building pro- posed to be added on to, or new buildings with a floor area not exceeding ten (10) per- cent of the floor area of all existing or ap- proved principal buildings. A change from one Special Permit use to another is not a mi- nor change and shall require Board of Ad- justment approval as though it were a new request. [Ordinance 3918, 1/11/93] If staff de- termines that the magnitude of any such change is significant in nature or could be- come significant in nature, 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 na- ture the Planning staff shall consider, among 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 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 out- ages. Operational condition in- cludes meeting all noise require- ments and other permit condi- tions. Should a wind energy facili- ty become inoperable, or should any part of the wind energy facili- ty 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 abatement provision, if the wind energy 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 compliance, (1) order either reme- dial action within a specified timeframe, 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 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 178 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 unlawful structure and shall provide grounds for the rev- ocation of the permit. U. Urban Animal Hobby Farm (UAHF). 1. The UAHF regulations of this Section shall in all cases govern specialized animal farms and the keeping of farm animals and livestock, except when on a farm of at least 35 acres or in an "A- 1" Agricultural District. Notwith- standing anything in Section 10-5-1(B) to the contrary, any existing uses that include farm animals, livestock or specialized animal farms that do not conform to the UAHF regulations shall conform no later than January 1, 2018. 2. A UAHF shall be allowed within Wa- terloo City limits on lots or parcels of land as an accessory use to a principal dwelling when the following re- quirements are met: a. Minimum fenced (confined) area of 40,000 square feet or more for large and intermediate sized ani- mals such as cows, calves, sheep, goats, llamas, emus, ostrich and similar animals, excluding swine (including pot belly pigs), camels and exotic animals as determined in the reasonable discretion of the City Planner or designee. b. Minimum fence (confined) area of 20,000 square feet or more for small sized animals such as rab- bits, mink, ferrets, chinchilla, chicken, goose, pigeon, pheasant, quail, duck and similar animals, excluding rooster, guinea, falcon, peacock, and exotic animals as de- 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. termined in the reasonable discre- tion of the City Planner or design- ee. c. The UAHF owner resides on the property. d. Containing shelters for animals. Lean-tos, tarps, car -ports and simi- lar structures are prohibited. Fowl must be kept in an enclosure or fenced area at all times and se- cured within a henhouse or "fowl - tractor" type enclosure during non -daylight hours. e. Shelters must be roofed, predator - resistant, ventilated, and easy to access, clean and properly main- tained, with water and food acces- sible at all times. f. Multiple -unit lots or parcels of land in common ownership must have approval for UAHF from all occupants. g. Density of a UAHF for large or in- termediate sized animals, as de- fined in subparagraph 2.a. above, is set at 2 animals for the first 40,000 square feet and 1 additional animal for each additional 20,000 square feet. A combination of large or intermediate sized ani- mals and small animals is allowed, as long as it does not exceed the total density allowed. h. Density of a UAHF for small sized animals, as defined in subpara- graph 2.b. above, is set at 4 ani- mals for the first 20,000 square feet and 1 additional animal for each additional 5,000 square feet. A combination of large or intermedi- ate sized animals and small ani- mals is allowed, as long as it does not exceed the total density al- lowed. 179 i. The density of a UAHF is based on the square footage within the animals' confined (fenced) area minus the square footage of any structures within that same area that are not devoted to the ani- mals. j. The confined area must be fenced with approved material for a resi- dential fence per the residential fence regulations and in such a way as to prohibit escape and be properly maintained. k. There shall be a 10 -foot setback of the fenced (confined) area from neighboring property lines for a UAHF containing any large or in- termediate sized animals, and said fenced (confined) area for all UAHF's shall not be located in a front yard as defined herein. 3. All enclosures and fenced (confined) areas must be kept in a clean, dry, odor -free, neat and sanitary condi- tions at all times, free of insects and rodents, and all animal excrement shall be properly disposed of and not allowed to accumulate. All animals shall have clean bedding. Odors from animals, animal manure or other ani- mal related substances shall not be perceptible beyond the boundaries of the UAHF property. All stored ma- nure shall be covered by a fully en- closed structure with a roof or lid, and no more than four (4) cubic feet of manure shall be stored on the UAHF property. All other manure not used for composting or fertilizing shall be removed. 4. Animals born in a UAHF are allowed to remain until 12 weeks old at which time they must be removed unless density limits allow them to remain. 5. No UAHF shall be operated so that crowing, cackling, gobbling, bleating CHAPTER 28 BOARD OF ADJUSTMENT 10-28-1 APPOINTMENT - MEMBERSHIP. or other animal or fowl noises, etc., occur at a level that creates a nuisance for adjacent properties. 6. The Board of Adjustment shall have the authority to grant exceptions to the requirements of this Subsection U. Such request will require submittal of a variance application, but the Board is not required to apply all standards for issuance of a variance when con- sidering a variance request for a UAHF, except for requests involving regulation under Chapter 22 Flood - way and Flood Plain Districts. 7. Beekeeping shall be allowed within the Waterloo City limits on lots or parcels of land as an accessory use to a principal dwelling when the follow- ing requirements are met: a. Minimum lot size of 20,000 square feet. b. The beekeeper resides on the property. c. Density shall be set at two hives (with only one swarm per hive) for every 20,000 square feet of to- tal lot size. No more than 6 hives shall be permitted on a lot, unless the lot is more than 35 acres and primarily used for agricultural purposes. d. Hives shall not be located within 25 feet of any lot line, shall not ex- ceed 20 cubic feet in volume, and a constant supply of water shall be provided for all hives to prevent bees from congregating at other sources of water on nearby prop- erties. The water shall be main- tained so as not to become stag- nant. e. Queens: In any instance in which a colony exhibits unusually aggres- sive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusu- al disposition towards swarming outside the hive, it shall be the du- ty of the beekeeper to re -queen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics. 8. All UAHF's, excluding beekeep- ing, shall be required to be ap- proved by Special Permit by the Board of Adjustment after rec- ommendation of the Commission, except when the UAHF owner submits to the Planning Depart- ment a consent petition which in- dicates approval of the UAHF signed by 100 percent of the abut- ting property owners to the UAHF property, and signed by 60 per- cent of the property owners within 250 radial feet of the UAHF prop- erty. Planning Staff shall have the authority to determine if a petition meets these requirements. CHAPTER 28 BOARD OF ADJUSTMENT 180 10-28-1 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] 10-28-2 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 CITY OF WATERLOO Council Communication Sidewalk Ordinance Revision to City Code Section 7-1-6. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Water Works Felchle, Kelley Approved 6/14/2017 - 3:19 PM ATTACHMENTS: Description Type o Sidewalk Ordinance Change Memo Backup Material SUBJECT: Sidewalk Ordinance Revision to City Code Section 7-1-6. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Recommended Action: Approval. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: The City needs to revise section City of Waterloo City Code section 7-1-6 regarding a property owner's obligation to maintain the right of way, including sidewalks. This is due to a recent Iowa Supreme Court case, Madden v. City of Iowa City, 848 NW2d 40 (Iowa 2014). The Supreme Court was clear that "in order to establish liability, the Ordinance must expressly make an abutting landowner liable for damages occasioned by the defective condition of sidewalks." MEMORANDUM TO: Kelley Felchle, City Clerk FROM: Dave Zellhoefer, Waterloo City Attorney RE: Sidewalk Ordinance Revision DATE: June 14, 2017 The City needs to revise City Ordinance 7-1-6 regarding a property owner's obligation to maintain the right of way, including sidewalks. Presently our Ordinance reads as follows: PROPERTY OWNERS TO MAINTAIN RIGHTS OF WAY: The abutting property owner shall be required to maintain all public rights of way between the property line and the edge of roadway or curbline upon the public streets. This shall include, but not be limited to, sidewalk maintenance and repair, keeping the ground at a level grade with the street, keeping the area free of holes, fences, litter, debris, all loose materials and all other obstructions, except the abutting property owner is not required to remove diseased trees or dead wood. (Rev. Ord. 1783, Comp. 1941, p. S-25; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989). We need to add a sentence at the end of the Ordinance, stating the following: The abutting property owner may be liable for damages caused by failure to maintain the sidewalk and right of way. This is all being done as a result of a recent Iowa Supreme Court case, entitled Madden v. City of Iowa City, 848 NW2d 40 (Iowa 2014). The Supreme Court was quite clear that "in order to establish liability, the Ordinance must expressly make an abutting landowner liable for damages occasioned by the defective condition of sidewalks." This is a step that virtually all municipalities in the State of Iowa are taking, and we are just joining the fray as a result of the recent Iowa Supreme Court decision.