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HomeMy WebLinkAbout5417-8/28/2017(RECORDED)Doc ID. 008255590008 Type: GEN Recorded 0/18/2017 at 02:17 27 PM Fee Amt: $42.00 Pape 1 of 8 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fiie2018-00006900 4Prepared by Aric Schroeder, City Planner, 715 Mulberry Street, Waterloo, IA, 50703, (319) 291- 4323. ORDINANCE NO. 5417 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: AMENDING THE DEFINITIONS OF "ABUTTING", "ANIMALS, HOUSEHOLD PET", "ANIMALS, LIVESTOCK", "FARM, HOBBY" AND "FEED LOT", IN SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, AND AMENDING SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, TO ADD A NEW DEFINITION FOR "URBAN ANIMAL HOBBY FARM (UAHF)", AND REPEALING PARAGRAPH 1 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-6-1, REGULATIONS, OF CHAPTER 6, "A-1" AGRICULTURAL DISTRICT; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 1 OF SAID SUBSECTION A, AND REPEALING PARAGRAPH 3 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-6-1, REGULATIONS, OF CHAPTER 6, "A-1" AGRICULTURAL DISTRICT; AND RENUMBERING THE SUBSEQUENT PARAGRAPHS OF SAID SUBSECTION A, AND REPEALING RENUMBERED PARAGRAPH 3 (FORMERLY PARAGRAPH 4) OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-6-1, REGULATIONS, OF CHAPTER 6, "A-1" AGRICULTURAL DISTRICT; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 3 OF SAID SUBSECTION A, AND REPEALING SECTION 10-6-3, BULK REGULATIONS, OF CHAPTER 6, "A-1" AGRICULTURAL DISTRICT; AND ENACTING IN LIEU THEREOF NEW SECTION 10-6-3, BULK REGULATIONS, OF SAID CHAPTER 6, AND REPEALING PARAGRAPH 2 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-7-2, REGULATIONS, OF CHAPTER 7, "R -R" RURAL RESIDENCE DISTRICT; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 2 OF SAID SUBSECTION A, AND REPEALING PARAGRAPH 5 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 (49) Ordinance No. 5417 Page 2 THEREOF NEW PARAGRAPH 5 OF SAID SUBSECTION A, AND REPEALING PARAGRAPH 26 OF SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 26 OF SAID SUBSECTION H, AND AMENDING SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, TO ADD A NEW SUBSECTION U, URBAN ANIMAL HOBBY FARM (UAHF). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: 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. That the definitions of "Abutting", "Animals, Household Pet", "Animals, Livestock", "Farm, Hobby" and "Feed Lot" in Section 10-3-1, Definitions, of Chapter 3, Definitions, are hereby repealed, with the definitions set forth below enacted in lieu thereof: Abutting: Having property or district lines in common, adjoining. 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 enjoyment or companionship, and not for commercial or economic reasons. See also "Kennel". Animals, Livestock: Includes, but is not limited to, horses, cows, pigs, sheep, chickens and poultry (excluding roosters), goats, ostriches, 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, falcon, or any exotic animals as determined in the reasonable discretion of the City Planner or designee shall be prohibited within 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. Farm, Hobby: See Urban Animal Hobby Farm (UAHF). 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. That Section 10-3-1, Definitions, of Chapter 3, Definitions, is hereby amended to add the definition of "Urban Animal Hobby Farm (UAHF)" in its proper alphabetical order with other definitions already contained in said Section 10-3-1, as follows: 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, Ordinance No. 5417 Page 3 or any exotic animals as determined in the reasonable discretion of the City Planner or designee. Horses shall not be regulated as part of a UAHF. That Paragraph 1 of Subsection A, Principal Permitted Uses, of Section 10-6-1, Regulations, of Chapter 6, "A-1" Agricultural District, is hereby repealed in its entirety; and that a new Paragraph 1 of said Subsection A is hereby enacted in lieu thereof, as follows: 1. Agriculture, 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 as defined herein. Any fenced confinement area (excluding 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 immediate family. For the purpose of this Section, the immediate family shall be interpreted as father, mother, son, daughter, wife, husband, brother, sister, grandparent or grandchild. Only one (1) lot that is a minimum of three (3) acres for this purpose shall be separated from a farm and at least thirty-five (35) acres shall remain after the transfer with the farm. [Ordinance 4656, 11/10/03] That Paragraph 3 of Subsection A, Principal Permitted Uses, of Section 10-6-1, Regulations, of Chapter 6, "A-1" Agricultural District, is hereby repealed in its entirety; and that the subsequent Paragraphs of said Subsection A are hereby renumbered in sequence. That renumbered Paragraph 3 (formerly Paragraph 4) of Subsection A, Principal Permitted Uses, of Section 10-6-1, Regulations, of Chapter 6, "A-1" Agricultural District, is hereby repealed in its entirety; and that a new Paragraph 3 of said Subsection A is hereby enacted in lieu thereof, as follows: 3. Stables, public and private, riding academies and clubs, and riding arenas, where there exists a minimum lot size of ten (10) acres and an area devoted to such purposes of at least five thousand (5,000) square feet per animal and provided further that no structure or building for the stabling of horses or tethering area be closer than fifty (50) feet from abutting residential properties. The area devoted to such uses shall be kept in a clean and sanitary condition. Private (non- commercial) stables shall not be subject to the ten (10) acres requirement. That Section 10-6-3, Bulk Regulations, of Chapter 6, "A-1" Agricultural District, is hereby repealed in its entirety; and that new Section 10-6-3, Bulk Regulations, of said Chapter 6 is hereby enacted in lieu thereof, as follows: 10-6-3 BULK REGULATIONS. The following minimum requirements shall be observed, subject to the modified requirements 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 hl MINIMUM SIDE YARD MINIMUM REAR YARD Farm Building or Farm House 35 Acres No Minimum 35 Acres 50 Feet 25 Feet 50 Feet 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. Ordinance No. 5417 Page 4 That Paragraph 2 of Subsection A, Principal Permitted Uses, of Section 10-7-2, Regulations, of Chapter 7, "R -R" Rural Residence District, is hereby repealed in its entirety; and that a new Paragraph 2 of said Subsection A is hereby enacted in lieu thereof, as follows: 2. Farming, specialized animal farms and truck gardening, but not on a scale that would be obnoxious to adjacent 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 animals and livestock, except when on a farm of over 35 acres. That Paragraph 5 of Subsection A, Principal Permitted Uses, of Section 10-8-1, Regulations, of Chapter 8, "R-1" One and Two Family Residence District, is hereby repealed in its entirety; and that a new Paragraph 5 of said Subsection A is hereby enacted in lieu thereof, as follows: 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 structures shall be permitted unless accessory to another Principal Permitted Use or unless such structures are located 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 farm animals and livestock, except when on a farm of over 35 acres. That Paragraph 26 of Subsection H, Special Permit Required, 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 Paragraph 26 of said Subsection H is hereby enacted in lieu thereof, as follows: 26. Urban Animal Hobby Farms (UAHF) except as provided for in Section 10-27- 1(U), when the applicant can demonstrate that such a use will not constitute a nuisance on adjoining property. Other criteria to determine if a Special Permit 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 animals, proximity of surrounding development, in particular residential development, and the proposed waste disposal plan. Failure of a UAHF to comply with the requirements for a UAHF 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. Any such property with farm animals existing at the time of enactment of this Ordinance shall apply for Special Permit approval (if required) for a UAHF or remove said farm animals prior to January 1, 2018. That Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby amended to add a new Subsection U, Urban Animal Hobby Farm (UAHF), as follows: 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. Notwithstanding 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 confo m to the UAHF regulations shall conform no later than January 1, 2018. 2. A UAHF shall be allowed within Waterloo City limits on lots or parcels of land as an accessory use to a principal dwelling when the following requirements are met: a Minimum fenced (confined) area of 40,000 square feet or more for large and intermediate sized animals such as cows, calves, sheep, goats, llamas, emus, ostrich, peacock 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. Ordinance No. 5417 Page 5 b. Minimum fence (confined) area of 10,000 square feet or more for small sized animals such as rabbits, mink, ferrets, chinchilla, chicken, goose, pigeon, pheasant, quail, duck and similar animals, excluding rooster, guinea, falcon, and exotic animals as dete mined in the reasonable discretion of the City Planner or designee. c. The UAHF owner resides on the property. d. Containing shelters for animals Lean-tos, tarps, car -ports and similar structures are prohibited. Fowl must be kept in an enclosure or fenced area at all times and secured 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 maintained, with water and food accessible at all times. f. Multiple -unit lots or parcels of land in common ownership must have approval for UAHF from all occupants. Density of a UAHF for large or intermediate sized animals, as defined 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 animals 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 subparagraph 2.b. above, is set at 2 animals for the first 10,000 square feet and 1 additional animal for each additional 2,500 square feet up to a maximum of 8. A combination of large or intermediate sized animals and small animals is allowed, as long as it does not exceed the total density allowed. 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 animals The confined area must be fenced with approved material for a residential 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 intermediate 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 condition 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 animal related substances shall not be perceptible beyond the boundaries of the UAHF property. All stored manure shall be covered by a fully enclosed 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. g. j. 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 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 considering a variance request for a UAHF, except for requests involving regulation under Chapter 22, Floodway and Flood Plain Districts. Ordinance No. 5417 Page 6 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 following 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 total 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 exceed 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 properties. The water shall be maintained so as not to become stagnant. e. Queens: In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to string without due provocation, or exhibits an unusual disposition towards swarming outside the hive, it shall be the duty 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 beekeeping, shall be required to be approved by Special Permit by the Board of Adjustment after recommendation of the Commission, except when the UAHF owner submits to the Planning Department a consent petition which indicates approval of the UAHF signed by 100 percent of the abutting property owners to the UAHF property, and signed by 60 percent of the property owners within 250 radial feet of the UAHF property. Planning Staff shall have the authority to determine if a petition meets these requirements. 9. Butchering: No butchering of any UAHF animals shall be allowed except within a fully enclosed building. INTRODUCED: PASSED lst CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: August 28, 2017 August 28, 2017 August 28, 2017 PASSED AND ADOPTED this 28th day of August, 2017. -ATTEST:0 A' s < G V e C , J C_ Kelley F City Cler lchle uentin Hart, Mayor Ordinance No. 5417 Page 7 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. 5417 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 28th day of August, 2017. Witness my hand and seal of office this 28th day of August, 2017. SEAL'-. elley F City Cler STATE OF IOWA, } Black Hawk County, SS SUMMARY OP ORDINANCE NO. 5417 ADOPTED ON AUGUST. 26, 2017 BY THE WATERLOO TCITY HEZNI COUNCIL AS THE AMENDMENTS TO ZONING ORDI- NANCE OF THE CITY OF WATERLOO IOWA BY AMENDING SELECTED CHAPTERS OFmany of amendments ZONING This is a summary of amendments 10 the Ioorfing ferrel of Olio City ofhe *Oro, Iowa (referred to below as Title 1 *Ordi- nance"), Waterloo Code is set forth n Title 10' of the Waterloo Code of Ordinances: The ovefmll,purpose ofgtme amendmentsi was to implement changes to the concept al a hobapproach termed by tan amine a new farm fUbIF).' "urban: animal hobby farmed es ' Animals specifically not allowed as part of a UAHF — and Weonot allowed in 1110 city of Wataterlodoo'i—Jnclade swine Stere, mg pot bellied pigs), camels, roosters, guinea, falcon, or other exotic animals as the City Plahhema determine In thIereasonable partotlon. Horses ere -not regulated as part ofa UAHF, The definition of leedroff was also changed -to prohibit the feed at existing lots or ,the anuarshnrent of new feed lots ,after January q1,2018, except those meetingUArr merits. Thee "Art" Agricultural Dist/ ct regulations in Section 10-6-1 were amended to provide that no structures will be pertnipatlpermitted use of unless located on a farm as defined M. the Ordinance. Any fenced confinement area, except pastures, for farm animals must have at least a 10 -foot setback from alt property lines. Under the amended Ordinance, stables and riding academies, clubs and arenas now require a minimum lotsize of 10 acres, but private noncommercial stables are not subject to this require meat The °R -R" Rural Residential District and "R -l" One and Two Family Residence District now provide that the special permit provisions appticabie 10 UAHFs in SnMion arms and the speclalaed animal farms and keeping fans animals and livestock, except when en on a farm of over 35 acres. Ay prok:pthewth ityfarmstanim Ordinance'sJanu- ary thoer UAHF requirements by Janu ary 1, 2018, inducing applying for a mueabeperremmtovterdeuyvedat±0 dthe aSnimo 10-27-f(H)(26) was ffirther amended to remove We requirement that a UAHF be licensed Y Howeve , a special permit subject45 to tb review by the Board of Adjustment or possible (Evocation if any', requirements or condiGpps placed on the Gee requirements ments f complied with The requirements for a UAHF are set forth in hew subsection(U of Sectionf i d-27-1. A special permit is required m all' but the following seal farm or keeping the specialized animal farm or keeping of farm animals or livestock is on a 'farm'farmof at least :. 35 acres; or the specialized+ animal farm or keeping of tart, animals or'. Iwestock'k 1 an "A-1"Agncuflural Distdq; or the tJAHPs activives are beekeeping; or the }owner of the (UAHF property' submits to the Planning Department a consent petition showing approval by 100% of abutting property owners andby'. ers within 2506e01ootfhetheApHroFproewn Requirements for a UAHF are many and detailed. In sum, they include require- ments (1) for minimum areas that must be fenced (wit The area needed differing based on the particular animals), (2) l ) Joellaemna,shdeeteresn,di(Sngfoarnlimtheopatinma anims: (4) for construction of fencing and fence setbacks from neighboring: progeny lines, (5) for The condition:: in which enclosures and fenced areas (rust be kept, (6) that the UAHF owner must reside on the property, and (7) that alt occupants of multiple -unit lots or parcels of land in common ownership must hesea the UAHF. Specific details for these requirements are contained in Section 10.27-1(U). Animals nom in a UAHF are allowed to femoro until 12 weeks old, at Which time they:' must be removed unless density'. Noir allow themfo remain. Noise levels coming from a UAHF property cannot create a nuisance, and odors must not be perceptible beyond the boundaries of the UAHF property There are requirements for handling 0f manure and! limits on the quanety of manure stored. 9(itchedng of UAHF animals isnot allowed except within a fully enolosed' building. Beekeepingisallowed as an accessory ral use to a principal dwelling when severer specific requirements are met The Jot' andthest be at least 20,000 square feet, andlbeekeeper must reside on the progeny. There are density and size requirements Tor hives, and they must not be located within 25 leet of any lot tine. A': oodstant supply of water in non -stagnant beeselecmustbe stock ded for ntist selected from dock bred for gentle- ness and non -swanning charaoletisbes, if a hive shows uriusua1ly aggressive for staristice or outside uel disposition for swarming The hive, the.'. beekeeper mustrequeen ibe colony The Board of Adjustment has authority 10 grant excepflons To the UAHF ilrequire- mentsofSectionanceapU) Theproeess bsimarto ayadance appkcahon outline:. Board is not obligedto appiyall standards fol issuanpe of a variance unless the requestlnvoyes re Motion underchapier: 22, Theabove ay andfood Plain Disinots. ; abovis only a summary of the'. Ordinance amendments and not the complete text of the Ordinance amend- ments. mere ora :many details add specific terms, conditions, and require menta that have not been provided in this summary. Questions` should be directed to the office of the City Planner. The'. Ordinance amendments may be Inspec ted in entirety at office of the City :. Planner,er, 715 Mulberry Street, 2nd Floor, Waterloo, Iowa 50703, from Monday a. throumghnd 5:Friday00 pbet .m.ween the hours of 8:00 : a The amended Ordinance thae will become effective upon publication of this summa ry. I do solemnly swear that the annexed copy of legal City of Waterloo Surmmnry of Ordinance 5417 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 18th day of September, 2017 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $55.44 w Signed Subscribed and sworn to before me this (")R 1 Day of JJV A.D., 20 17 hr -ea rlqu%a j Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRY ;',' COMMI -ION ..732413 MY '`uIi'e�IL4�dREES or•