HomeMy WebLinkAbout03/20/2017Council Work Session
March 20, 2017
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
4:10 p.m. Zoning Ordinance Amendment - Multiple Changes.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approx. Amendment to the Code of Ordinances, adding a new Chapter 7,
4:20 p.m. Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic.
Submitted By: Noel Anderson, Community Planning & Development
Director
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Zoning Ordinance Amendment - Multiple Changes.
City Council Meeting: 3/20/2017
Prepared: 3/14/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 3/15/2017 - 9:55 AM
Clerk Office Even, LeAnn Approved 3/15/2017 - 3:19 PM
ATTACHMENTS:
Description Type
D Zoning Ordinance Amendment Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Zoning Ordinance Amendment - Multiple Changes.
Submitted By: Noel Anderson, Community Planning & Development
Director
Review and provide any comments regarding the proposed amendments.
Staff is proposing multiple changes to the City of Waterloo Zoning
Ordinance No. 5079, including reference to billboard and off -premise
advertising, residential fence coverings, regulations for recreational uses
including both indoor and outdoor recreational uses, changes to the
floodway regulations for reference to drainage and detention facilities, and
changes to the regulations for wireless communication facilities.
Attached is a detailed summary of the proposed amendment, as well as full
text showing strike through for wording to be removed, and underlining for
wording to be added.
none
n/a
Zoning Ordinance
CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262
MEMORANDUM
To: Planning, Programming and Zoning Commission
From: Aric A. Schroeder, City Planner
Date: 02/23/17
RE: Proposed Zoning Ordinance Amendment: Multiple changes including changes for
reference to billboard and off -premise advertising, residential fence coverings,
regulations for recreational uses including both indoor and outdoor recreational uses,
changes to the Floodway regulations for reference to drainage and detention
facilities, and changes to the regulations for wireless communication facilities.
Staff is proposing multiple changes to the City of Waterloo Zoning Ordinance No. 5079.
The following is a list of the significant changes proposed in the order that they appear in
the Ordinance, along with a brief summary of the proposed changes. This summary does
not cover all changes, and a complete copy of the proposed changes, showing strike through
of wording proposed to be removed and underline for wording proposed to be added is also
attached. The Planning, Programming and Zoning Commission is being asked to hold a
hearing on the changes at their March 7, 2017 meeting and make a recommendation to the
City Council.
Section 10-3-1 Definition: this amendment will update the definition of Billboard to
make it clear that this term can also be called an off -premise advertising sign.
Section 10-3-1 Definition: this amendment will update the definition of Fence,
Residential to add to the list of what a residential fence cannot be made of, adding slats,
tart, cloth, mesh or similar coverings.
Section 10-8-1 (A)(4) Principal Permitted Uses in the "R-1" District: this amendment
will update the wording for recreational areas and facilities.
Section 10-8-1 (A)(10) Principal Permitted Uses in the "R-1" District: this amendment
will add "or burial ground" to cemetery to ensure that either a burial ground or a
cemetery would be considered a permitted use in an "R-1" or less restrictive district,
subject to approval of a Special Permit.
Section 10-14-1 (A)(3) Principal Permitted Uses in the "C-1" District: this amendment
deletes several uses from the list of permitted uses in the "C-1" as they are being moved
into the "C-2" District as permitted uses.
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Section 10-15-1 (A) Principal Permitted Uses in the "C-2" District: this amendment
adds several uses to the list of permitted uses in the "C-2" District, some of which are
being moved from the "C-1" District. The amendment groups many uses under a
"indoor recreational facilities" classification, or "outdoor recreational uses"
classification, and renumbers the remaining uses.
Section 10-22-2 "F -W" Floodway (Overlay) District: These amendments were
previously proposed and were put on hold pending the outcome of litigation regarding
the determination that drainage and detention facilities can be permitted in a Floodway,
when built to meet floodway performance standards. The City of Waterloo's
determination that such drainage and detention facilities are permitted was upheld by the
Court, and this amendment will make more clear what has already been determined to
be permitted, and upheld by a Court of Law.
Section 10-26-1 (B)&(C) Sign regulations, definition of Billboard, definition of Off -
Premise Sign, and regulations of Off -Premise Advertising Signs and Billboards: this
amendment makes it clear that the term "billboard" or "off -premise advertising sign"
can be interchanged, and the regulations apply to both or either term.
Section 10-27-1 (H)(6) Special Permit Required: this amendment updates the wording
for the grouping of uses that fall under the classification as "outdoor recreational uses",
which require Special Permit approval.
Section 10-27-1 (H)(7) Special Permit Required: this amendment will add "or burial
ground" to a cemetery to ensure that either a burial ground or a cemetery would subject
to approval of a Special Permit.
Section 10-27-1(0) Towers and Wireless Communications Facilities: this amendment
updates wording regulating wireless communication facilities, including removal of
existing conflicting wording.
There are other areas of the Ordinance that are also being looked at for amendment, but
they will be handled as part of a separate amendment in the near future. Please let
Planning staff now if you have any questions or need any additional information regarding
the proposed amendments.
staff memo 02-23-17 Proposed Zoning Ordinance Amendment Misc Changes
Amendment to the City of
Waterloo Zoning Ordinance
Multiple Changes and Updates to the City of Waterloo Zoning Ordinance, including:
- Section 10-3-1 Definition: update definition of Billboard
- Section 10-3-1 Definitions: update definition of Fence, Residential to exclude coverings
- Section 10-8-1 (A)(4)&(10) Update wording for recreational uses and burials in the "R-1" District
- Section 10-14-1 (A)(3) Delete several uses from the "C-1" District that are being moved to the "C-
2" District
- Section 10-15-1 (A) Update wording for Indoor and Outdoor Recreational Uses and add uses be-
ing moved to the "C-2" District from the "C-1" District
- Section 10-22-2 (A)&(B) Floodway regulations for drainage and detention facilities
- Section 10-26-1 (B)&(C) Update sign regulations reference to off -premise advertising/billboards
- Section 10-27-1 (H)(6)&(7) Update wording for Indoor and Outdoor Recreational Uses and burial
grounds- Section 10-27-1 (0) Update wording for Towers and Wireless Communication Facilities
Ordinance No. Amending Ordinance No. 5079
Planning and Zoning Commission Hearing: 3/14/17
City Council Approval:
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, birds, ham-
sters, and other similar animals kept for fami-
ly 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, 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 shall be prohibited
within the City of Waterloo.
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.
5
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
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 adver-
tise a business or attraction which is not car-
ried on or manufactured in or upon the prem-
ises upon which said signs or billboard are
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
located. Also referred to as an Off -Premise
Advertising Sign.
Board of Adjustment: A Board, who un-
der appropriate conditions and safeguards,
makes special exceptions to the terms of the
Ordinances in harmony with its general pur-
pose and intent. This is to be done in accord-
ance with general or specific rules therein
contained and provide that any property
owner aggrieved by the action of the City in
adoption of such regulations and restrictions
may petition the said Board directly to modi-
fy regulations and restrictions as applied to
such property owners.
Boarding or lodging House: A building
other than a hotel where for compensation,
meals or lodging and meals are provided for
three (3) or more persons.
Borrow Pit: Any place or premises where
dirt, soil, sand, gravel, or other material is
removed below the grade of surrounding
land, for any purpose other than that neces-
sary and incidental to site grading or building
construction on the same property or contig-
uous property of the same ownership. [Ordi-
nance 5288, 06/15/15]
Building: Any structure designed or in-
tended for the support, enclosure, shelter, or
protection of persons, animals or property,
but not including signs or billboards.
Building, Height of The vertical distance
from the average grade to the highest point of
the coping of a flat roof, or to the deck line of
a mansard roof, or to the average height of
the highest gable of a pitch or hip roof.
Building Line: A line, usually fixed paral-
lel to the lot line, beyond which a building
cannot extend under the terms of the Zoning
Ordinance. See also "Setback, Required".
Bulk Stations: Distributing stations
commonly known as bulk or tank stations
commonly used for the storage and distribu-
tion of flammable liquids or liquefied petro-
leum products where the aggregate capacities
of all storage tanks is more than twelve thou -
6
sand (12,000) gallons. This however is not
limited to flammable liquids, but also could
contain milk, syrups, vinegars and non-
flammable chemicals.
Carport: A roofed structure providing
space for the parking of motor vehicles and
enclosed on not more than two (2) sides. For
the purposes of this Ordinance, a carport at-
tached to a principal building shall be consid-
ered as part of the principal building and sub-
ject to all yard requirements herein.
Car Wash: A building or portion thereof
containing facilities for washing automobiles
or trucks, using production -line methods
with a chain conveyor, blower, steam -
cleaning device, or other mechanical devices
or providing space, water, equipment or soap
for the complete or partial hand washing of
such automobiles or trucks, whether by oper-
ator or by customer.
Cellar: That portion of a building having
more than one-half (1/2) of its average height
below grade. A cellar is not included in com-
puting the number of stories for the purpose
of height measurement. A cellar may be used
as a habitable floor subject to the require-
ments of the currently adopted Building
Code.
Channel: A natural or artificial water-
course of perceptible extent, with a definite
bed and banks to confine and conduct con-
tinuously or periodically flowing water.
Channel flow thus is that water which is
flowing within the limits of a defined chan-
nel.
Child Day Care Center: See Day Nursery
or Nursery School.
Clinics: A building or buildings used by
physicians and/or dentists, osteopaths, chi-
ropractors and allied professions for out-
patient care of persons requiring such profes-
sional service.
Commission: Where found in this Ordi-
nance, unless otherwise indicated, this shall
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
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
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,
9
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 gathering of farm
animals, excluding large animals such as cat-
tle, horses, elk, deer 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 income.
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.
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
property or right-of-way. No such fence
shall be constructed of salvaged material or
use barbed wire, concertina wire, or similar
wire closer than six (6) feet to the ground ex-
cept a fence used purely for agricultural pur-
poses. [Ordinance 4508, 9/4/01]
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 extend-
ing onto adjacent property or right-of-way.
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
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]
Flood: A temporary rise in the channel
flow or stage that results in overflow of
streams or rivers or from the unusual and
rapid runoff of surface waters from any
source that results in water overflowing and
inundating normally dry lands adjacent to
the channel. [Ordinance 3393, 6/10/85]
Flood Elevation Determinations: A de-
termination of the water surface elevations of
the 100 Year Flood; that is, the level of flood-
ing that has a one percent (1%) chance of oc-
currence in any given year.
Flood Insurance Rate Map (FIRM): The
official map prepared as part of (but pub-
lished separately from) the Flood Insurance
Study which delineates both the flood hazard
areas and the risk premium zone applicable
to the community. [Ordinance 3393, 6/10/85]
Flood Insurance Study (FIS): A study ini-
tiated, funded and published by the Federal
Insurance Administration for the purpose of
evaluating in detail the existence and severity
of flood hazards, providing the City with the
necessary information for adopting a flood
plain management program; and establishing
actuarial flood insurance rates. [Ordinance
3393, 6/10/85]
Flood Plain: The relatively flat area of low
lands adjoining the channel of a river, stream,
or watercourse which has been or may be
covered by floodwater.
Flood Plain Management: The operation
of an overall program of corrective and pre-
ventive measures for reducing flood damage,
including but not limited to emergency pre-
paredness plan, flood control works and
flood plain management regulations.
10
Flood Protection System: Those physical
structural works constructed specifically to
modify flooding in order to reduce the extent
of the area within a community subject to a
"special flood hazard." Such a system typical-
ly includes levees or dikes. These specialized
modifying works are those constructed in
conformance with sound federal engineering
standards.
Flood Proofing: Any combination of
structural and non-structural additions
changes or adjustments to structures, includ-
ing utility and sanitary facilities, which
would preclude the entry of water. Structural
components shall have the capability of re-
sisting hydrostatic and hydrodynamic loads
and the effect of buoyancy.
Floodway: The channel of a river or
stream and those portions of the flood plains
adjoining the channel, which are reasonably
required to carry and discharge flood waters
or flood flows associated with the Regulatory
Flood, so that confinement of flood flows to
the floodway area will not result in substan-
tially higher flood levels and flow velocities.
[Ordinance 3393, 6/10/85]
Floodway Fringe: The land adjacent to a
body of water between the Floodway and the
outer (landward) limits of the flood as de-
fined by the Regulatory Flood as delineated
on the official flood plain zoning map. [Ordi-
nance 3393, 6/10/85]
Floor Area: Is the area included within
the surrounding exterior walls of building or
portion thereof, exclusive of vent shafts and
courts. The floor area of a building, or portion
thereof, not provided with surrounding exte-
rior walls shall be the useable area under the
horizontal projection of the roof or floor
above.
Floor Area Ratio: The gross floor area of
all buildings on a lot divided by the lot area
on which the building or buildings are locat-
ed.
CHAPTER 8
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
10-8-1 REGULATIONS.
materials or equipment shall not be per-
mitted in a front yard. This provision
shall not restrict the outside storage of li-
censed and operable vehicles that are ac-
cessory and clearly incidental to the Prin-
cipal Permitted Use.
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
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 facili-
ties; such as swimming pools, skating
facilities, community building or in-
door institutional or community rec-
reation centers or fields, including
country clubs, golf courses and driv-
ing ranges when incidental to a golf
course, upon approval of a Special
Permit by the Board of Adjustment af-
ter recommendation of the Commis-
sion.
5. Farming and truck gardening, but not
on a scale that would be obnoxious to
adjacent areas because of noise or
45
odors, and provided that no struc-
tures shall be permitted unless acces-
sory to another Principal Permitted
Use or unless such structure is located
on a farm as defined herein. Farm an-
imals and livestock, except horses and
except hobby farms as provided in
Section 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.
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
CHAPTER 8
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
10-8-2 HEIGHT REGULATIONS.
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.
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
requirements provided for residential
accessory structures in Section 10-5-
1(E), including structures accessory to
non-residential Principal Permitted
Uses unless approved by Special Per-
mit.
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. Horse Stables, non-commercial where
there exists an area devoted to such
purposes of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per
horse 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.
10-8-2 HEIGHT REGULATIONS.
No building shall exceed two and one-
half (21/2) stories or thirty-five (35) feet in
height, whichever is less, except as provided
in Section 10-27-1 and no accessory structure
shall exceed a height as provided in Section
10-5-1(E) unless approved by Special Permit.
[Ordinance 3050, 10/1/79]
10-8-3 BULK REGULATIONS.
[Ordinance 3293, 7/25/83]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
"R-1" RESIDENCE DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
LOT
COVERAGE
(2)
Single Fami-
ly Dwellings
9,000 sq. ft.
75 feet
9,000 sq. ft.
30 ft.
10% of the lot width,
which in any case
shall not be required
to exceed 10 feet
30 ft.
35%
Two Family
Dwellings
10,000 sq. ft.
80 feet
5,000 sq. ft.
30 ft.
10% of the lot width,
which in any case
shall not be required
to exceed 15 feet
30 ft.
35%
Other
Permitted
Uses
10,000 sq. ft.
80 feet
10,000 sq. ft.
35 ft.
10% of the lot width,
which in any case,
shall not be required
to exceed 20 feet
35 ft.
No Maximum
46
CHAPTER 14
"C-1" NEIBORHOOD COMMERCIAL DISTRICT
10-14-1 REGULATIONS.
Examples of minor changes may include, but
are not limited to the following: the location,
construction, replacement or change in type
of signage; change in use to a similar use ap-
proved with the development plan; minor
change in building locations; or change in the
locations of access, driveways, or parking ar-
eas. These examples may be carried out
through the administrative review and ap-
proval of the Planning staff. Multiple pole
signs on a single site will be considered as a
major change.
Minor changes may include additions to
an existing building or new buildings which
do not increase the existing floor area by
more than ten (10) percent of the floor area of
all existing or approved principal buildings.
If staff determines that the magnitude of any
such change is significant in nature or could
become significant in nature, the change shall
be deemed major and the change shall be re-
submitted and considered in the same man-
ner as the original site plan in accordance
with Section 10-13-1(A) (Procedures), includ-
ing a public hearing before the Commission
and City Council. In determining if a change
is significant in nature the Planning staff shall
consider, among other things, the overall de-
sign of the proposed change and its compati-
bility to the existing development and sur-
rounding development, as well as impact 011
the neighborhood due to changes in parking,
traffic, etc. or changes in visibility or aesthet-
ics from the public roads or adjoining proper-
ties caused by the proposed change.
CHAPTER 14
"C-1" NEIBORHOOD
COMMERCIAL DISTRICT
[Ordinance 3192, 2/22/82]
10-14-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
"C-1" Neighborhood Commercial District.
59
The "C-1" Neighborhood Commercial
District is intended to provide for areas of the
community which are suitable for a commer-
cial development and are adjacent to Resi-
dence Districts and in which such commercial
uses are permitted as are normally required
for the daily local retail business needs of the
residents of the locality only. Any outside
storage of materials or equipment shall be
limited and clearly incidental and accessory
to the Principal Permitted Use, and shall not
include the outside storage of junk or salvage
material or similar debris. Outside storage of
materials or equipment shall not be permitted
in a front yard. This provision shall not re-
strict the outside storage of licensed and op-
erable vehicles that are accessory and clearly
incidental to the Principal Permitted Use, and
shall not restrict outside display areas when
such display areas display items that can be
legally sold by a commercial business on the
property and when the display area does not
exceed an area equal to the area occupied by
the building(s) on a property.
A.
Principal Permitted Uses:
1. Any use permitted in the "R-4" District.
2. Group Homes [Ordinance 4554, 6/3/02]
3. Any retail business or service estab-
lishment such as the following:
Animal Hospital or Veterinary Clinic,
provided all phases of the business
conducted upon the premises be with-
in a building where noises and odors
are not evident to adjacent properties
Antique Shop
Apparel Shop
Bakery, retail only
Barber Shop or Beauty Parlor
Bicycle Shop
Bookstore
Candy Shops, retail only
Car Wash
Clothes Cleaning and Laundry Pickup
Stations
CHAPTER 14
"C-1" NEIBORHOOD COMMERCIAL DISTRICT
10-14-1 REGULATIONS.
Coffee House
Collection Office or Public Utility
Commercial Parking Lots for passen-
ger vehicles in accordance with the
provisions of Section 10-25-2
Convenience Store [Ordinance 4976,
11/23/09]
Dairy Store, retail only
Dance and/or Music Studio
Delicatessen and Sub Shop
Dry Goods Store
Drug Store
Financial Institution
Florist and Nursery Shop, retail only
Fruit and Vegetable Market
Furniture Store
Gasoline Stations
Gift Shop
Grocery Store
Hardware Store
Hobby Shop
Household Appliances, sale and repair
Jewelry Store
Landscape Gardener
Launderette (Laundromat)
Meat Locker, storage and retail sales only
Music Store
Paint and Wallpaper Store
Post Office Substation
Photographic Studio
Radio and Television Sales and Service
Radio and Television Studios, provid-
ed that any towers or transmitting fa-
cilities are in accordance with Section
10-27-1 (B) (4)
Soda Fountain
Shoe Repair Shops
60
Sporting Goods
Tailor Shop
Theaters
Variety Store
Professional Cleaning Service exclud-
ing Dry Cleaners
4. Any retail business or service estab-
lishment listed above that is also a
limited alcohol sales use as defined
herein, further subject to the following
requirements:
a. No alcohol sales use shall sell or
dispense alcoholic beverages via a
drive-through or walk-up window
or any similar drive -up or drive-in
system. Notwithstanding any-
thing in Section 10-5-1(B) to the
contrary, any alcohol sales use
that made use of such a window
or system before adoption of Or-
dinance 4976 on 11/23/2009 shall
cease and desist from use of such a
window or system, and shall
comply with the requirements of
this paragraph, no later than De-
cember 31, 2012.
b. For the establishment of new alco-
hol sales use locations, fencing or
other approved screening shall be
constructed along the property
line with any abutting protected
use, unless determined by the City
Planner or designee to be infeasi-
ble. [Ordinance 4976, 11/23/09]
c. Except as set forth below, no es-
tablishment that is a limited alco-
hol sales use (off -premise con-
sumption) shall exhibit on the ex-
terior of the premises any image
or verbiage that makes use of the
words "alcohol," "beer," "wine,"
"liquor," or any variant or syno-
nym of any such word, or any
type of such beverage, or that in-
dicates or suggests that such bev-
erages may be purchased in or
CHAPTER 15
"C-2" COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
mitted but not yet granted shall
be located within 600 feet from a
protected use, and no other non -
limited alcohol sales use shall be
located within 250 feet from a
protected use, as measured in a
straight line from the closest
point of the property line in
which an alcohol sales use is lo-
cated to the closest point of the
property line of any protected
use.
[Ordinance 4976, 11/23/09]
c. No non -limited alcohol sales use
(off -premise consumption) for
which a Class E liquor control li-
cense has been issued or for
which an application for such a
license has been submitted but
not yet granted shall be located
within 600 feet of another alcohol
sales use holding the same class
of license, as measured in a
straight line from the closest
points of the property lines in
which the alcohol sales uses are
located.
d. No non -limited alcohol sales use
shall be located within 250 feet of
another non -limited alcohol sales
use, as measured in a straight
line from the closest points of the
property lines in which the alco-
hol sales uses are located.
4. Animal Hospital or Veterinary Clinic
providing any exercising runway
shall be at least two hundred (200)
feet from any "R" District and one
hundred (100) feet from any "C-1"
District boundary.
5. Automobile, Motorcycle, Trailer and
Farm Implement establishments for
display, hire and sales (excluding
auctions and not including sales lots
without a principal building except
for satellite lots when the lot is abut -
63
ting or across a street from a lot with
a principal building including an of-
fice), including as incidental to these
major uses all repair work in connec-
tion with their own and customers'
vehicles, but not including uses in
which the major source of revenue is
from body and fender work. In ad-
dition, this paragraph shall not be
construed to include automobile,
tractor, or machinery salvage and
used parts yards. Machinery, sal-
vaged or used parts, and vehicles
not in running condition and not be-
ing actively restored to running con-
dition, or not DOT operational and
not licensed, shall be located in an
enclosed building.
6. Ballrooms and Dance HallbClothes
Dry Cleaning and/ or dyeing estab-
lishments.
7. Commercial Indoor Recreational Fa-
cilities such as Billiard Parlors and
Pool Halls, Dance Halls and Ball-
rooms, 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 Fa-
cilities, Bounce House and Trampo-
line Facilities, and other similar In-
door Recreational Uses. Facilities
with both indoor and outdoor recre-
ational uses shall require Special
Permit approval as noted in subsec-
tion 8. below.
8. Bowling Allcy:,
9. Clothes Dry Cleaning and/or dyeing
establishments.
108. Commercial and Private Out-
door Recreational Uses such as
Baseball Fields, Commercial Swim-
ming Pools, Skating, Golf Driving
Ranges, Ceommercial
Ceampgrounds, Hunting and Fish-
CHAPTER 15
"C-2" COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
ing Clubs, Skeet or Trap Shooting
Ranges, Archery and Gun Range Fa-
cilities, Outdoor Paintball Facilities,
Automobile Race Tracks, Drag
Strips, Go-cart Tracks, Mini Bikes or
Activity Areas for Motorcycles,
Snowmobiles, or ATV's, Minia-
ture/Goofy Golf Courses, Drive-in
Theaters, or similar open air recrea-
tional uses and facilities, upon ap-
proval 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.
149. Contractor Businesses, including
Carpenter and Cabinet Shop, Plumb-
ing and Heating Shop, Roofing
Shop, Sheet Metal Shop, Sign Paint-
ing Shop, Landscaping Business,
and similar uses, provided there is
no outside equipment yard.
1210. Contractor Businesses including
Contractor Equipment Yards, pro-
vided that equipment yards shall be
effectively screened on each side fac-
ing a Residential District and on
each side facing a public street by a
fence, wall or densely planted com-
pact hedge not less than six (6) feet
or more than eight (8) feet in height,
and, for equipment yards, upon ap-
proval of a Special Permit by the
Board of Adjustment after review by
the Commission.
4311. Department Stores
1412. Drinking Establishments, Tav-
erns, Bars and Night Clubs, Summer
Gardens, and Road Houses, includ-
ing entertainment and dancing, pro-
vided that any such use that meets
the definition of Alcohol Sales Use
64
shall meet the requirements for an
alcohol sales use.
1513. Hotels [Ordinance 4592, 1/6/03]
1614. 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 re-
view by the Commission.
1-715. Laundries or Laundromats
1516. Lawn Mower Repair Shop
1917. Lumber Yards and Building Ma-
terials, retail, but not including any
manufacturing or fabricating for
wholesaling operations.
2018. Mini -storage or storage rental
development, upon issuance of a
Special Permit, which shall review
the location for compatibility of sur-
rounding, highest and best use of
land, and proximity to a major thor-
oughfare. [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.
2119. Monument Sales Yard, but not
without a principal building.
2220. Off -premise advertising in ac-
cordance with Section 10-26-1. [Or-
dinance 4724, 9/20/04]
2421. Motels and Auto Courts
2422. Pet Shop, including Aquariums
2523. Printing Shops, not to include
more than two (2) 12"x 18" inch job
presses
2624. Restaurant: Fast Food Type and
Standard Type, and drive-in eating
establishments, provided that any
CHAPTER 15
"C-2" COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS.
such use that meets the definition of
an Alcohol Sales Use shall meet the
requirements for a limited alcohol
sales use (on -premise consumption).
2725. Delayed deposit service uses,
provided that such uses meet the fol-
lowing requirements:
a. The use is licensed as a delayed
deposit services business by the
State of Iowa.
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 clos-
est point of the property line of
such other use or area: protected
uses, pawnbroker uses, other de-
layed 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.
2826. Pawnbroker uses
2927. Freestanding Commercial Park-
ing Lots, upon approval of a Special
Permit by the Board of Adjustment
after recommendation of the Com-
mission. [Ordinance 5288, 06/15/15]
3028. Other similar service and retail
businesses not included in the above
list subject to the administrative re-
view and approval of the Planning
staff. If staff determines that the
proposed use is not similar in na-
ture, it shall be considered a pro-
posed use not covered by title, as
regulated in 10-5-1(R).
B. Accessory Uses:
1. Accessory uses permitted in the
"C-1" District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses.
10-15-2 BULK REGULATIONS.
[Ordinance 3050, 10/1/79]
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified
requirements contained in Section 10-27-1:
"C-2" COMMERCIAL DISTRICT
USE
MINIMUM
LOT AREA
MINIM
UM LOT
WIDTH
MINIMUM LOT
AREA PER
FAMILY
MINIMUM FRONT
YARD (1)
MINIMUM
SIDE YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE "R-4" DISTRICT
Motels/
Hotels
No Mini-
mum
150 feet
20 ft.
10 ft.
20 ft.
No building shall
exceed 4 stories or
48 feet in height (5)
Other Per-
mitted
Uses
No Mini-
mum
No Min-
imum
No Minimum
20 ft.(2)
Same as "R-4"
District
35 ft.
(1) The front yard depth of any lot abutting on a "major street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(2) The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street right-
of-way to the structure) of a structure that was legally established. This setback would apply to all structures on the same side of
65
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS
10-22-1 REGULATIONS.
b. Minor
A site plan shall be prepared in
accordance with Section 10-21-
1(C) (Required Conditions) and
Section 10-21-1(D) (Procedure) for
any change to an approved site
plan located in a "M -2,P" Planned
Industrial District. Minor Site
Plan Amendments shall be admin-
istratively reviewed by Planning
staff. If the change is considered
insignificant in nature, staff may
approve the change without a re-
view and public hearing before the
Commission and City Council.
[Ordinance 4165, 5/13/96]
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use to a
similar use approved with the de-
velopment plan; minor change in
building locations; or change in
the locations of access, driveways,
or parking areas. These examples
may be carried out through the
administrative review and ap-
proval of the Planning staff.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building pro-
posed to be added on to, or new
buildings with a floor area not ex-
ceeding ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. If
staff determines that the magni-
tude of any such change is signifi-
cant in nature or could become
significant in nature, the change
shall be deemed major and the
change shall be resubmitted and
considered in the same manner as
the original site plan in accordance
86
with Section 10-21-1(C) (Required
Conditions) and Section 10-21-
1(D) (Procedure), including a pub-
lic hearing before the Commission
and City Council. In determining
if a change is significant in nature
the Planning staff shall consider,
among other things, the overall
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
CHAPTER 22
FLOODWAY AND FLOOD
PLAIN DISTRICTS
[Ordinance 3393, 6/10/85]
10-22-1 REGULATIONS.
The regulations set forth in this Chapter
and those contained in Chapter 5 shall apply
in the Floodway and Flood Plain Districts.
A. General Regulations.
1. Lands to Which Ordinance Applies.
This Ordinance shall apply to all lands
within the jurisdiction of the City of
Waterloo which uses the Flood Insur-
ance Study (FIS) as a basis for estab-
lishing the flood plain zoning districts.
These districts are shown on the Offi-
cial Zoning Map as being the bounda-
ries of the Floodway, Floodway
Fringe (designated as Zone AE on the
Official Flood Plain Zoning Map),
General Flood Plain (designated as
Zone A on the Official Flood Plain
Zoning Map) and Shallow Flooding
(designated as Zone AO or AH on the
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS
10-22-2 "F -W" FLOODWAY (OVERLAY) DISTRICT.
Official Flood Plain Zoning Map)
Overlay Districts. [Ordinance 5288,
06/15/15] Within these districts, all
uses not allowed as Principal Permit-
ted Uses or permissible as Conditional
Uses are prohibited unless a Variance
to the terms of this Ordinance is
granted after due consideration by the
Board of Adjustment. [Ordinance 5049,
6/20/11]
2. Rules for Interpretation of District
Boundaries. The boundaries of the
Floodway, Floodway Fringe, General
Flood Plain and Shallow Flooding
Overlay Districts shall be determined
by scaling distances on the Official
Flood Plain Zoning Map. When an in-
terpretation is needed as to the exact
location of the boundaries, the City
Planner or official designee shall make
the necessary interpretation. The
Board of Adjustment shall hear and
decide appeals when it is alleged that
there is an error in any requirement,
decision, or determination made by
the City Planner or designee in the en-
forcement or administration of this
Ordinance. [Ordinance 5049, 6/20/11]
3. Abrogation and Greater Restrictions.
It is not intended by this Ordinance to
repeal, abrogate or impair any exist-
ing easements, covenants, or deed re-
strictions. However, where this Ordi-
nance imposes greater restrictions, the
provision of this Ordinance shall pre-
vail. All other ordinances inconsistent
with this Ordinance are hereby re-
pealed to the extent of the incon-
sistency only.
4. Warning and Disclaimer of Liability.
The degree of flood protection re-
quired by this Ordinance is consid-
ered reasonable for regulatory pur-
poses and is based on engineering and
scientific methods of study. Larger
floods may occur on rare occasions.
Flood heights may be increased by
87
man-made or natural causes, such as
ice jams and bridge openings restrict-
ed by debris. This Ordinance does not
imply that areas outside the flood
plain districts or land uses permitted
within such districts will be free from
flooding or flood damages. This Or-
dinance shall not create liability on the
part of the City of Waterloo or the
Board of Adjustment or an officer or
employee thereof for any flood dam-
ages that result from reliance on this
Ordinance or any administrative deci-
sion lawfully made there under.
10-22-2 "F -W" FLOODWAY (OVERLAY)
DISTRICT.
A. Principal Permitted Uses.
The following uses shall be permitted
within the Floodway (Overlay) District to the
extent they are not prohibited by other ordi-
nance (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, viticul-
ture, 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.
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS
10-22-2 "F -W" FLOODWAY (OVERLAY) DISTRICT.
3.4. Stormwater detention or retention fa-
cilities.
4.5. Residential uses such as lawns, gar-
dens, parking areas play areas.
5:6. Such other open -space uses similar in
nature to the above uses.
B. Conditional Uses.
The following uses which involve struc-
tures (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 us-
es must also meet the applicable provisions of
the Floodway District Performance Stand-
ards.
1. Uses or structures accessory to open -
space uses.
2. Circuses, carnivals, and similar transi-
ent amusement enterprises.
3. Drive-in theaters, new and used car
lots, roadside stands, signs, and bill-
boards.
4. Extraction of sands, gravel, and other
material.
5. Marinas, boat rentals, docks, piers,
wharves.
6. Utility transmission lines, under-
ground pipelines.
7. Other uses similar in nature to the
Principal Permitted and Conditional
Uses described herein which are con-
sistent with the Floodway District Per-
formance Standards and the general
spirit and purpose of this Ordinance.
C. Performance Standards.
All Floodway District Uses allowed as a
Principal Permitted or Conditional Use shall
meet the following standards:
1. No use shall be permitted in the
Floodway District that would result in
88
any increase in the 100 year flood lev-
el. Consideration of the effects of any
development on flood levels shall be
based upon the assumption that an
equal degree of development would
be allowed for similarly situated
lands.
2. All uses within the Floodway District
shall:
a. Be consistent with the need to
minimize flood damage.
b. Use construction methods and
practices that will minimize flood
damage.
c. Use construction materials and
utility equipment that are resistant
to flood damage.
3. No use shall affect the capacity or
conveyance of the channel or flood -
way or any tributary to the main
stream, drainage ditch, or any other
drainage facility or system.
4. Structures, buildings and sanitary and
utility systems, if permitted, shall
meet the applicable performance
standards of the Floodway Fringe Dis-
trict and shall be constructed or
aligned to present the minimum pos-
sible resistance to flood flows.
5. Buildings, if permitted, shall have a
low flood damage potential and shall
not be for human habitation.
6. Storage of materials or equipment that
are buoyant, flammable, explosive or
injurious to human, animal or plant
life is prohibited. Storage of other ma-
terial may be allowed if readily re-
movable from the Floodway District
within the time available after flood
warning.
7. Watercourse alterations or relocations
(channel changes and modifications)
must be designed to maintain the
flood carrying capacity within the al-
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS
10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
building facades and attract customers.
On the other hand, signs more than any
other single feature can detract from even
the most attractive storefront if erected
without care. It is the intent of the City of
Waterloo not to unduly restrict outdoor
advertising signs. However, placement
and construction of outdoor advertising
signs should be compatible with sur-
rounding land uses and preserve proper-
ty values of surrounding properties,
should protect existing businesses which
are adequately identified and advertised
from a proliferation of signs which reduce
the effectiveness of individual signs,
should not distract adjoining residences,
and should not distract nor reduce sight
distance for vehicular traffic.
For all of the foregoing reasons, we
deem the following to be our purpose in
enacting this chapter: to ensure that signs
are designed, located, constructed, erect-
ed and maintained so as to preserve the
public safety of motorist and pedestrians
and to preserve and promote the natural
beauty and character of the City in a
manner that will protect property values,
create a more attractive economic and
business climate, promote and aid tour-
ism which is declared to be of importance
to the economy of the City, protect pedes-
trians and motorists from damage or inju-
ry caused by improperly situated signs,
promote the public safety, welfare, con-
venience and enjoyment of travel and the
free flow of traffic within the City of Wa-
terloo
B. Definitions.
1. Abandoned sign: A sign structure that
has ceased to be used, and the owner
intends no longer to have used, for the
display of sign copy, or as otherwise
defined by state law.
2. Animated sign: A sign employing ac-
tual motion or the illusion of motion.
131
3. Awning: An architectural projection
or shelter projecting from and sup-
ported by the exterior wall of a build-
ing and composed of a covering of rig-
id or non -rigid materials and/or fab-
ric on a supporting framework that
may be either permanent or retracta-
ble, including such structures that are
internally illuminated by fluorescent
or other light sources.
4. Awning sign: A sign displayed on or
attached flat against the surface or
surfaces of an awning.
5. Back -lit Awning: An awning with a
translucent covering material and a
source of illumination contained with-
in its framework.
6. Banner: A flexible substrate on which
copy or graphics may be displayed.
7. Banner sign: A sign utilizing a banner
as its display surface
8. Billboards: "Billboard" as used in this
Ordinance shall include all structures
regardless of the material used in the
construction of the same, that are
erected, maintained, or used for pub-
lic display of posters, painted signs,
wall signs, whether the structure is
placed on the wall or painted on the
wall itself, pictures or other pictorial
reading matter which advertise a
business or attraction which is not car-
ried on or manufactured in or upon
the premises upon which said signs or
billboards are located. Also referred
to as an Off -Premise Advertising Sign.
9. Building elevation: the entire side of a
building, from ground level to the
roofline, as viewed perpendicular to
the walls on that side of the building.
10. Canopy: An overhead structure sup-
ported by cantilevers from the build-
ing or extends from the building and
is supported by columns at additional
points.
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
11. Changeable sign: A sign with the ca-
pability of content change by means of
manual or remote input.
12. Combination sign: A sign that is sup-
ported partly by a pole and partly by
a building structure.
13. Copy: Those letters, numerals, fig-
ures, symbols, logos and graphic ele-
ments comprising the content or mes-
sage of a sign, excluding numerals
identifying a street address only.
14. Development Complex Sign: A free-
standing sign identifying a multiple -
occupancy development, such as a
shopping center or planned industrial
park, which is controlled by a single
owner or landlord.
15. Directional Sign: Any sign that is de-
signed and erected for the purpose of
providing direction and/ or orienta-
tion for pedestrian or vehicular traffic.
16. Double -Faced sign: A sign with two
faces, back to back.
17. Electric Sign: A sign activated or il-
luminated by means of electrical ener-
gy.
18. Electronic Message Sign or Center:
An electrically activated changeable
sign whose variable message capabil-
ity can be electronically programmed.
19. Exterior Sign: Any sign placed out-
side a building.
20. Flashing Sign: An "Animated Sign"
that is electronically activated".
21. Illuminated Sign: A sign character-
ized by the use of artificial light, either
projecting through its surface(s) (in-
ternally illuminated); or reflecting off
its surface(s) (externally illuminated).
22. Monument Sign: A freestanding sign,
such as a stone or sculpture or other
monument used for advertising with
good design standards and aesthetics
132
that typically exceed that of a pole
sign. The base of post(s), if used, shall
be at least 3/4 the width of the overall
sign and be fully enclosed, except that
post signs less than six (6) feet in
height and forty (40) sq.ft. in area shall
not be required to be enclosed and
shall be considered monument signs.
On corner lots, no monument sign
shall be erected within the triangular
area formed by the intersection of the
lot lines and a line connecting two (2)
points each located ten (10) feet from
the intersection of the lot lines of the
corner of the lot located at the inter-
section, unless the monument sign
does not exceed two and one-half (2
1/2) feet above the grade.
23. Multiple faced Sign: A sign contain-
ing three or more faces.
24. On -Premise Sign: A sign relating in
its subject matter to the premises on
which it is located, or to products, ac-
commodations, services, or activities
on the premises.
25. Off -Premise Sign: A sign other than
an on -premise sign. Bus benches with
advertising are signs, but are regulat-
ed by Section 7-2B-3 of the City of Wa-
terloo Code of Ordinance. Also re-
ferred to as a Billboard.
26. Pole or Post Sign: A freestanding
sign principally supported by pole(s)
or post(s) affixed to the ground and
not supported by a building.
27. Political Sign: A temporary sign in-
tended to advance a political state-
ment, cause or candidate for office.
28. Portable Sign: Any sign not perma-
nently attached to the ground or to
the building (see Temporary Sign).
29. Projecting Sign: A sign attached to
the building that projects from the
building (usually perpendicular to the
building).
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
30. Real Estate Sign: A temporary sign
advertising the sale, lease, or rental of
the property or premises upon which
it is located.
31. Revolving Sign: A sign that revolves
360 degrees about an axis.
32. Roof Line: The top edge of a peaked
roof.
33. Roof Sign: A sign mounted on, and
supported by, the main roof portion of
a building.
34. Sign: Any structure or device de-
signed or intended to convey infor-
mation to the public in written or pic-
torial form for the purpose of bringing
the subject thereof to the attention of
the public. Flags displayed from flag-
poles or staffs will not be considered
to be signs.
35. Temporary Sign: A sign intended to
display either commercial or non-
commercial messages of a transitory
or temporary nature. Portable signs
or any sign not permanently embed-
ded in the ground, or not permanent-
ly affixed to a building or sign struc-
ture that is permanently embedded in
the ground, are considered temporary
signs.
36. Wall Sign: A sign that is in any man-
ner affixed to any exterior wall of a
building or structure and projects not
more than 18 inches from the building
or structure wall.
37. Window Sign: A sign affixed to or
painted on the surface of a window
with its message intended to be visible
to and readable from the public way
or from adjacent property.
C. Regulation of All Signs.
The regulations contained in this
chapter shall apply to and regulate signs
in all Districts except the "H -C" Highway
Corridor Overlay Districts. No sign shall
133
be located, erected, or maintained except
in compliance with these regulations. All
signs shall be considered as accessory us-
es to a Principal Permitted Use, except for
off -premise advertising signs and bill-
boards. All signs may be erected up to
the property line, unless otherwise speci-
fied in this Ordinance. Such signs shall
obtain a building permit and zoning ap-
proval prior to construction.
1. Exemptions: The regulations con-
tained in this Section shall not apply
to:
a. Traffic control signs or devices;
b. Signs located within buildings, ex-
cluding Home Occupations, or
within public sports complexes or
facilities;
c. Official signs of a non-commercial
nature erected by public utility
companies;
d. "For Sale" and "Garage Sale" type
signage less than six (6) square
feet on private property. Said
signage shall be removed when
the sale is completed; and
e. Political signs on private property
in compliance with the Code of
Iowa.
2. Prohibited Signs:
a. Non-exempt signs in street rights-
of-way excluding approved signs
in the "C-2" and "C-3" District,
and subdivision signs as provided
in this Section; and
b. Signs which resemble traffic con-
trol signs or devices.
c. With respect to the premises of
any establishment that is a limited
alcohol sales use (off -premise con-
sumption), except as set forth be-
low, any sign that includes any
image or verbiage that makes use
of the words "alcohol," "beer,"
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS
10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
"wine," "liquor," or any variant or
synonym of any such word, or any
type of such beverage, or that in-
dicates or suggests that such bev-
erages may be purchased in or
upon the premises, except that
banner, portable and temporary
signs shall be allowed if conform-
ing to the requirements of Section
10-26-1(C) (4) (j) and if not in viola-
tion of Iowa Code § 123.51. The
limitations of this paragraph shall
not apply to establishments locat-
ed in the "C-3" Commercial Dis-
trict, to any grocery store in which
the retail floor space in the build-
ing equals or exceeds 10,000
square feet, or to a pharmacy.
3. Off -Premise Advertising Signs and
Billboards:
Off -Premise Advertising is a tradi-
tional and legitimate advertising me-
dium involving the lawful use of pri-
vate property. The term Off -Premise
Advertising Signs and Billboards shall
be considered synonymous.
Off -Premise Advertising should be
regulated to provide for safe struc-
tures to be properly located so as to
meet uniform standards for construc-
tion and maintenance and to be main-
tained to conform to a neat and pleas-
ant community appearance.
In all districts where permitted (C-2,
C-3, M-1, and M-2, excluding corridor
overlay districts), billboards shall have
a prime message area not to exceed
300 square feet. Billboards may exceed
300 square feet for unique site charac-
teristics including, but not limited to,
setbacks, surrounding land uses and
structures, spaciousness and visibility.
Such a request over the 300 square
foot limit must follow the procedure
by applying for a Special Permit from
the Board of Adjustment. In no case
134
shall the Board of Adjustment grant a
Special Permit that exceeds 672 sq. ft.,
and an embellishment, trim and skirt-
ing area not to exceed an additional
150 sq. ft. The maximum allowable
height as measured from natural
grade at the base of the sign to the top
of the structure is 48 feet with the
minimum height being 10 feet from
natural grade at the base of the sign to
the bottom of the structure. The struc-
tures shall be a monopole steel design,
with the paint and sign material main-
tained in a new condition. All bill-
board sign structures, including the
outermost edge of the sign panel,
must be setback from the immediate
abutting street right-of-way line or
property line equal to the setback of
the underlying Zoning District. Bill-
board structures shall not be permit-
ted within 1000 feet of another bill-
board structure measured in either di-
rection along both sides of the street
which adjoins the billboard structure,
measured from the base of structure
to the base of structure in a straight
line regardless of grade. Furthermore,
no billboard structure shall be permit-
ted closer than 200 feet from a resi-
dential Zoning District or from the
property boundaries of any property
which has a principal residential use
located thereon, nor closer than 200
feet from the property boundaries of a
public park, church, school cemetery,
hospital, the property boundaries of
any historic district established by
state law or local ordinance, or the
property boundaries of any structure
listed on the National Register of His-
toric Places. In addition, vertical
stacking of separate sign panels on a
billboard structure shall be prohibited.
On corner lots, no billboard shall be
erected within the triangular area
formed by the intersection of the lot
lines and a line connecting two (2)
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
property unless approved by the City Council
by encroachment agreement. [Ordinance 4841,
10/16/06] In "C-2" and less restrictive Dis-
tricts, signs, overhangs, and marquees at-
tached to a building may extend over street
right-of-way lines provided the erection of
such signs, overhangs, and marquees are con-
structed in accordance with the provisions of
the building code.
G. Existing Unenclosed Porch, New
Deck or Unenclosed Porch.
1. An existing unenclosed porch on the
front of a dwelling built prior to adop-
tion of Ordinance 2479, adopted
02/03/69, may be re -modeled or re-
built to an enclosure when projecting
no farther than the original open
porch. [Ordinance 4656, 11/10/03] [Or-
dinance 4855, 2/19/07]
2. A new deck or unenclosed porch ad-
dition to a dwelling may be built eight
(8) feet or one fourth (1/4) the dis-
tance (whichever is greater) into the
required front or rear yard setback.
This shall only include the required
setback as stated in the Bulk Regula-
tions Section of the District in which
located, and shall not include the av-
erage setback required by the Front
Yard Section of Chapter 5, General
Regulations. Existing dwellings with
a front or rear yard setback that is less
than the minimum required shall cal-
culate one fourth (1/4) the distance of
the existing setback, however this
shall not prohibit the erection of an
eight (8) foot deck or unenclosed
porch. This will not be interpreted in
any way to authorize any addition
over a platted building line, easement,
property line or road right-of-way
line. This provision shall not allow a
deck or unenclosed porch addition
within a required side yard setback,
except a required side yard along a
street frontage on a corner lot. Said
addition is defined as a non -enclosed
146
structure and, for decks in the front
yard, with a non -solid side wall, if any
at all, which cannot be enclosed in the
future as an addition to the home.
Non -solid wall shall mean a wall or
fence utilizing a spindle or board de-
sign with openings between boards
that are at least the width of the
boards. For porches in the front or
rear, or decks in the rear, a solid wall
may be used if it does not exceed for-
ty-two (42) inches in height above the
floor of the deck or porch. [Ordinance
4386, 10/18/99] [Ordinance 4656,
11/10/03]
H. Special Permit Required.
A Special Permit for the location of any of
the following buildings or uses in any district
permitted by this Ordinance must be ob-
tained from the Board of Adjustment [Ordi-
nance 3614, 1/9/89] after public hearing there-
on:
1. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, excluding parks or rec-
reational trails and accessory uses and
structures customarily incidental to a
park or recreational trail.
2. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion.
3. Hospitals, excluding animal hospitals,
and clinics, excluding clinics in the "R-
4" Multiple Residence District or less
restrictive district.
4. Group Homes (Unless located in a "C-
1" or less restrictive district). [Ordi-
nance 4554, 6/3/02]
5. Halfway (Rehabilitation) Houses. [Or-
dinance 4554, 6/3/02]
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
6. Community building, institutional or
community recreation center or field,
commercial and private outdoor rec-
reational uses such as baseball fields,
swimming pools, skating rinksfacili-
ties, golf course or country clubs, min-
iature/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 ac-
tivity areas for motorcycles, snowmo-
biles, or ATV's race tracks or activity
ares for automobiles, motorcycles,
mini bikes, snowmobiles, ATV's,
drive-in theaters, or similar uGcs, or
similar public or private open air rec-
reational 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 on-
ly 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)
8. Recycling, Junk or Salvage Yards as
defined in this Ordinance provided
that they are within the following zon-
ing classifications: "M-1" Light Indus-
trial District, "M-2" Heavy Industrial
District or "M -2,P" Planned Industrial
District and meet the following mini-
mum requirements:
a. The yard shall be completely sur-
rounded with a fence or wall that
is eight (8) feet in uniform height
and color. The fence shall be of an
opaque material and kept free of
any openings such as broken out
areas and torn holes. Chain link
or heavy wire gates may be used
147
for see through inspection pur-
poses for no more than forty (40)
feet along each side of the yard
having street frontage and at ap-
proved points of access to a public
street or alley. Chain link or heavy
wire fencing that is free from torn
areas or openings may be placed
along sides of the yard adjoining a
flood control levee or other such
barrier which would permanently
screen the yard from public view.
b. No off -premise advertising shall
be on any wall or fence. The name
of the yard and other services of-
fered by the yard, if placed on the
wall or fence, shall occupy no
more than ten (10) percent of the
wall or fence.
c. The posts, rails or other support-
ing elements of the fence shall face
the inside of the yard and not be
visible from outside the yard.
d. Vehicle bodies stacked higher than
the wall or fence shall be no higher
than two (2) car bodies above the
wall or fence when stacked at least
fifteen (15) feet from the wall or
fence. Car bodies stacked no
higher than the fence need not be
15 feet from the fence. All other
stacked salvage material shall not
be stacked higher than the allowa-
ble building height for the District.
The Board of Adjustment shall
have the power to grant an excep-
tion to these stacking provisions
so long as said exception is in ac-
cordance with the purpose and in-
tent of the Zoning Ordinance.
e. All work performed shall be car-
ried on within the fenced area or
within an enclosed building or
structure approved as a part of the
salvage operation.
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
ture involved in such establishment,
the owner shall be required to apply
for a Special Permit under the provi-
sions of the Zoning Ordinance.
4. In determining whether an adult use
is non -conforming, especially in rela-
tion to another adult use, the Board
shall take into account the length of
time that said adult use has been op-
erating at its present location and
shall consider the oldest adult use as a
conforming use.
O. Towers and Wireless Communica-
tion Facilities.
[Ordinance 4321, 9/14/98]
[Ordinance 4541, 3/11/02]
1. Purpose. The special provisions of
this Section are intended to regulate
the location of new communication
towers and antennas. The Telecom-
munications Act of 1996 restructured
and deregulated many aspects of the
country's communication industry.
New telecommunication providers en-
tering the market desire to build a
network that can require additional
freestanding communication towers
as well as antennas mounted on exist-
ing buildings and other structures.
It is the desire of the City of Waterloo
to encourage an aesthetically pleasing
local environment. It is also the intent
of the City to encourage the expansion
of wireless technology, because it
provides a valuable service to resi-
dents and businesspersons in the city.
-It is not the City's goal to unreasona-
bly discriminate among providers of
functionally equivalent services; and
to not have the effect of prohibiting,
either directly or indirectly, the provi-
sions of personal wireless services. It
is the goal to encourage wireless pro-
viders to construct new facilities dis-
guised as public art pieces, as natural
vegetation, or to mount antenna on
154
buildings in a way that blends archi-
tecturally with the built environment.
-In accordance with applicable zoning
regulations, any request to place, con-
struct, or modify personal wireless
service facilities shall be acted on
within a reasonable time after the re-
quest is duly filed with the proper
City office, taking into account the na-
ture and scope of each request. Any
decision to deny a request to place,
construct, or modify personal wireless
service facilities shall be in writing
and supported by substantial evi-
dence contained in a written record.
a. Goals.
To minimize the adverse visu-
al effects of communication
structures through careful de-
sign, siting, locating, and
screening;
ii. To locate and engineer com-
munications support struc-
tures to mitigate potential
damage to adjacent properties
from structural failure;
iii. To allow for the reasonable lo-
cation and efficient use of
communication structures
through co -location of carriers;
and
iv. To preserve and improve the
peace, safety, health, welfare,
comfort, and convenience of
the citizens of the City of Wa-
terloo.
b. Regulation of All Towers. Towers
exceeding fifty (50) feet above
grade, including wireless commu-
nication towers and facilities, shall
be allowed upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of
the Commission, except as pro-
vided in this Section. Wireless
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
communication towers not ex-
ceeding fifty (50) feet shall be al-
lowed upon approval of a Special
Permit by the Board of Adjust-
ment after recommendation of the
Commission, except as provided
in this Section. Wind energy facili-
ties shall be regulated by Section
10-27-1 (S).
2. Definitions, as used in this Chapter.
a. "Multiple use facilities (Co -location
effort)" - Wireless communication
facilities that are shared with other
existing or newly constructed us-
es, such as, but not limited to,
sports field lights, retail business
highway signs, flag poles, or other
shared competing communica-
tions facilities.
b. "Monopoles" - A self-supporting,
cylindrical, metallic pole used as a
communications support structure
and engineered to support more
than one communications carrier
in exchange for a rental fee.
c. "Camouflage Design" - Camouflage
design is a term describing a piece
of art, or an architectural structure
or element, that functions as a
communications facility and aes-
thetically blends with the sur-
rounding historical or aesthetical-
ly -sensitive environment. Exam-
ples of camouflage design include,
but are not limited to, flag poles,
clock towers, monuments, and
church steeples. Camouflage de-
sign also applies in the architec-
tural integration of communica-
tion facilities onto existing build-
ings, sports field lights, highway
signs, water towers, etc. All such
designs are subject to review and
approval of the communications
carrier, the landlord, and the
Planning staff. If deemed to be of
155
major significance, the request
would be contingent upon final
approval by the Board of Adjust-
ment, after review by the Com-
mission. The camouflage design
of new freestanding wireless
communication towers must be
accessory in design to the princi-
pal use of the site. For example, a
new tower on a church site would
need to be designed to appear as a
steeple tower, cross, etc. A new
tower on a school or park field
would need to appear as a new
field lights structure, etc. This is
aimed to further disguise the ap-
pearance of wireless communica-
tion structures.
d. "Structure height" - The vertical
distance measured from the base
of the antenna support structure at
grade to the highest point of the
structure. If the support structure
is on a sloped grade, then the av-
erage between the highest and
lowest grades of the cell site shall
be used in calculating the height.
e. "Communications structure" - Any
tower or any other structure that
supports devices used in the
transmission or reception of mi-
crowave energy, analog data
transfer techniques, radio frequen-
cy energy, and other digital data
transfer techniques.
f. "Communication structure site" - A
tract or parcel of land that contains
the wireless communication struc-
ture, accessory building(s), and
parking, and may include other
uses associated with and neces-
sary for wireless communication
and transmission.
g.
"Tall structure" - Any structure the
top of which is more than fifty (50)
feet above grade.
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
h. "Minimum height" - The lowest
vertical distance at which the
structure can still operate at an ef-
ficient level of service. An efficient
level of service is deemed to be
95% or greater of possible opera-
tive levels.
J•
"Effectively screened"- An area of
planting which provides an effec-
tive visual barrier. For a single
row the screen shall consist of
spruce, firs, or pines spaced at a
maximum spacing of 15 feet or a
double staggered row of spruce,
firs, or pine spaced at a maximum
spacing of 20 feet within each row;
for arborvitae and juniper the
spacing shall be a double stag-
gered row with maximum spacing
of 10 feet within each row, or a
single row with maximum spacing
of 6 feet.
"Significance, Minor" - Requests
meeting the criteria as described in
the Process Section 3a. Also, in
compliance with the Design
Standards.
k. "Significance, Major" - Requests
meeting the criteria as described in
the Process Section 3b. Also, any
deviation from the Design Stand-
ards may classify a formerly minor
significant request to this stature.
Such decision is up to the discre-
tion of the City Planner and
his/her designee.
3. Process.
a. Minor significance. The proposed
structure shall be subject to staff
review by the City Planner and
his/her designee, if any of the fol-
lowing are true:
i. Agricultural and Industrial
zoning classifications
156
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
(b) All proposed structures co -
located onto an existing
communications facility or
structure at least 50 feet in
height.
(c) All proposed structures set
back 1.5 times the height of
the tower from the nearest
property line and are of
monopole design.
ii. Commercial zoning classifica-
tions
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
(b) All proposed structures co -
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
iii. Residential zoning classifica-
tions
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings. Such struc-
tures must be located at
least twice the tower
height from any 1 or 2 fam-
ily dwelling lot (If said
dwelling lot is a non
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
conforming use this provi
cion shall not applyexcept
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 great-
er than 50 feet in height
utilizing camouflage,
stealth, and/ or flush
mount design.
b. Major significance. The proposed
structure shall require review by
the Commission contingent upon
final approval by the Board of Ad-
justment, if any of the following
are true:
Agricultural and Industrial
zoning classifications
(a) Lattice or guyed design
towers as specified in Sec-
tion 6d as contained here-
in.
ii. Commercial zoning classifica-
tions
(a) Any structure not employ-
ing camouflage design or
co -located upon an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
iii. Residential zoning classifica-
tions or uses
(a) Any structure not employ-
ing camouflage design
and/or located twice the
tower height from any 1 or
2 family dwelling lot.
4. Where Permitted. The proposed
structure is classified as a permitted
use, upon approval as noted above in
Sections 3a and 3b, if any of the fol-
lowing are true:
157
a. Agricultural and Industrial zoning
classifications and any other spe-
cific plans allowing such uses:
Communication structures are
not permitted within 150 feet
of an interstate or state high-
way. The tower shall be set
back a distance equal to 15
times the height of the tower.
This shall be measured from
the outer most point of the
base to the nearest property
line.
ii. When mounted on a building
and architecturally integrated
into an existing structure
and/or multiple use facilities.
iii. When designed with camou-
flage design.
b. Residential and Commercial zon-
ing classifications and specific
plans allowing such uses:
i. When mounted on a building
and architecturally integrated
into an existing structure
and/or multiple use facilities.
ii. When designed with camou-
flage design.
5. Design Standards. The proposed
structure must comply with the fol-
lowing provisions prior to the issu-
ance of any permits.
a. Necessity. The wireless commu-
nications company shall demon-
strate that the antenna must be lo-
cated where it is proposed in or-
der to satisfy the antenna's func-
tion in the company's grid system.
b. Co -location Effort. If the wireless
communications company pro-
poses to build a tower (as opposed
to mounting the antenna on an ex-
isting tall structure), it shall
demonstrate a reason of substan-
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
tial nature describing the inability
to co -locate. This demonstration
shall utilize one or more of the fol-
lowing criteria to satisfactorily il-
lustrate why co -location on an ex-
isting tall structure is infeasible:
Structural Infeasibility. The
wireless communications
company shall provide a struc-
tural analysis to show the
structural loading, minimum
height, available space on the
existing structure, or available
ground space at the proposed
site is inadequate to serve its
needs for a viable communica-
tions structure site.
ii. Engineering Infeasibility. The
wireless communications
company shall provide engi-
neering studies to show that
the existing tall structure can-
not be satisfactorily engi-
neered to meet the coverage
and/or capacity demands of
its customers or function in its
grid system.
iii. Economic Infeasibility. Co -
location on an existing tall
structure is an incentive to,
and is in the economic best in-
terest of, each wireless com-
munication company as co -
location reduces the cost to
deploy each communication
site. Where negotiation to co -
locate on an existing tall struc-
ture fails, the wireless com-
munications company shall
provide evidence, to include
written assurances in the form
of affidavits, that it could not
obtain permission from own-
ers of tall structures within a
quarter (1/4) mile radius of
the proposed site to install its
158
antennas on those tall struc-
tures.
The Zoning Board of Adjustment
may deny the permit if it con-
cludes that the applicant has not
made a good faith effort to mount
the antenna on an existing struc-
ture or for any other reason within
the scope of the Board of Adjust-
ment's authority.
c. Structure Height. The applicant
shall demonstrate, to the reasona-
ble satisfaction of the Commission
and the Board of Adjustment, that
the structure is the minimum
height required to function satis-
factorily while simultaneously
providing adequate structural
height for possible co -locators.
The Board of Adjustment has the
right to deny any structures above
the determined height unless oth-
erwise shown the structure would
be inoperable.
d. Setbacks From Base of Structure.
The minimum distance between
the base of the structure or any
guy anchors and any property line
shall be the largest of the follow-
ing:
i. Fifty (50%) percent of antenna
height.
ii. The minimum setback in the
underlying zoning district.
iii. Sixty (60) feet.
iv. Twice the tower height from
any 1 or 2 family dwelling lot
(except if said dwelling lot is in
an industrially zoned district).
non conforming ucc, this pro
vision shall not apply.
v. Any new tower structures
built upon land owned by the
city, state, public schools, or
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
other public entity may in-
clude the street right-of-way in
its setback requirements to fur-
ther promote any necessary
construction of such facilities
to go onto larger tracts of pub-
lic land to allow for greater
separation from residential us-
es and to further benefit the
community as a whole
through the generation of
funds.
e. Structure Safety. The applicant
shall demonstrate through proof
of insurance, compliance with set-
back requirements, and submittal
of engineering studies, that the
proposed structure is safe, accord-
ing to the Electronic Industries
Association Standards (EIA
Standard 222 in regards to struc-
tural standards for steel antenna
towers and antenna support struc-
tures) for its design, according to
1996 FCC Regulations in terms of
radio frequency transmissions,
and the surrounding areas will not
be negatively affected by structure
failure. All support structures
shall be fitted with anti -climbing
devices, as approved by the manu-
facturers. Any such failure or in-
terference shall be the responsibil-
ity of the applicant to remedy.
f. Fencing and Landscaping. An
opaque fence shall be installed
around the antenna support struc-
ture and other equipment, unless
the antenna is mounted on an ex-
isting structure or camouflage de-
sign is employed. The fence shall
be a minimum of six (6) feet in
height and serve to screen the base
of the structure and improve secu-
rity. No such fence may use
barbed wire closer than six (6) feet
to the ground. Said fencing shall
159
g.
be effectively screened on the out-
side (as defined in this Section).
Co -location. In order to reduce
the number of communication
structures in the community, the
proposed structure shall be re-
quired to accommodate other us-
ers, including other wireless
communication companies, and
local police, fire and ambulance
companies.
h. FCC License. The wireless com-
munication company shall pro-
vide proof that it is licensed by the
Federal Communications Com-
mission to conduct business in the
Waterloo market.
i. Required Parking. If the commu-
nication structure site is fully au-
tomated, adequate parking shall
be required for maintenance
workers. If the site is not auto-
mated, the number of required
parking spaces shall equal the
number of people on the maxi-
mum working shift. Structures
must be constructed of a material
compatible with existing abutting
property building unless specifi-
cally proven to be unattainable.
This is to reduce the visual impact
of the structure and create an ap-
pearance which is compatible and
harmonious with the surround-
ings.
Painting. Antenna support struc-
tures shall be painted, if deter-
mined necessary in process of re-
quest, in such a manner as to re-
duce the visual impact and create
a harmonious appearance with
their surroundings.
k. Site Plan. A full site plan shall be
required for all communication
structure sites, showing the struc-
ture, antenna, antenna support
J•
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
structure, building, fencing, buff-
ering, existing and proposed utili-
ties, and access.
1. Air Safety. All structures will be
in compliance with the City of Wa-
terloo Airport Ordinance and
meet the guidelines for an Federal
Aviation Administration Determi-
nation (of no hazard).
6. Other Design Requirements.
a. Support facilities such as equip-
ment rooms and cabinets and cel-
lular switching devices shall be
designed to match the architecture
of adjacent buildings. In the event
the wireless company chooses not
to house support facilities such as
equipment rooms and cellular
switching devices, the facility shall
be screened from public view by
walls, trellises, landscaping, or
similar treatments.
b. No chain link fence associated
with any wireless communication
facility is permitted unless effec-
tively screened as defined in this
Section.
c. Temporary poles may be permit-
ted for a period of up to six
months, subject to review and ex-
tension, if an application for a
permanent facility has been filed
and the necessity for temporary
service can be proven to the satis-
faction of the City. Final approval
of a temporary facility shall be
subject to the review and approval
as defined in the process Section.
d. Lattice towers shall not be permit-
ted anywhere in the City unless
located in an Agricultural zone,
designated in the Long Range
Land Use Plan for industrial use,
or an Industrial zone. These tow-
ers shall be constructed with a set -
160
back from any right-of-way lines,
property lines, or residential dis-
tricts which shall be equal to or
greater than 1.5 times the height of
the tower.
e. All utilities associated with wire-
less communication facilities shall
be underground unless demon-
strated by the company that the
local utility company has deter-
mined that it is impractical. This
regulation applies only in residen-
tial or commercial zoning classifi-
cations.
f. The facility operator or property
owner shall be responsible for
maintaining the facility in good
appearance, which shall include
but not be limited to, regular
cleaning of the facility, keeping the
facility painted as needed, keeping
bird nests and other similar items
clear of the antenna area, and all-
around maintenance of the facility.
Any proposed free standing tower
structure to be located within pub-
lic street right-of-way shall within
500' of a 1 or 2 family dwelling lot
will go through the Commission
for a recommendation to the
Board of Adjustment, similar toas
a Special Permit. Such a request
will require a notification by staff
to all surrounding property own-
ers within two hundred fifty (250)
feet from the boundaries of the
property lines of the site upon
whichbase of the tower is pro
posed to be located. Any pro-
posed free standing tower struc-
ture to be located within public
street right-of-way shall be re-
viewed to ensure minimal adverse
visual effects of the structure
through careful design, siting, and
locating to ensure compatibility
with surrounding uses, and shall
g.
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
be reviewed to ensure it will not
interfere with existing or antici-
pated future utility or transporta-
tion needs. Co -location of wireless
communication facilities on exist-
ing structures within public street
right-of-way may be reviewed
under minor significance, but will
still be reviewed to ensure mini-
mal 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 ex-
isting or anticipated future utility
or transportation needs. The City
Planner may determine any such
facility to be a major significance.
7. Abandonment.
a. All approvals for wireless com-
munication facilities shall be in ef-
fect only while the facilities are be-
ing operated on a continual basis.
When the use is replaced or dis-
continued for a period of six
months, the approvals will lapse;
and the operator or property own-
er shall be required to remove the
facility and all associated equip-
ment and restore the property to
its original or otherwise acceptable
condition, subject to the approval
of the City Planner or his/her de-
signee.
CITY OF WATERLOO
Council Communication
Amendment to the Code of Ordinances, adding a new Chapter 7, Parking in Residential Areas, of Title 6,
Motor Vehicles and Traffic.
City Council Meeting: 3/20/2017
Prepared: 3/14/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 3/15/2017 - 9:54 AM
Clerk Office Even, LeAnn Approved 3/15/2017 - 2:16 PM
ATTACHMENTS:
Description
Residential Parking - New Chapter 7 of Title 6 of the
Code of Ordinances
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Ordinance
Amendment to the Code of Ordinances, adding a new Chapter 7, Parking in
Residential Areas, of Title 6, Motor Vehicles and Traffic.
Submitted By: Noel Anderson, Community Planning & Development
Director
Review and provide any comments on the proposed amendment.
On June 6, 2015 the City Council adopted Ordinance No. 5285, adopting a
new International Property Maintenance Code (IPMC), and repealing the
previously existing code. The previously existing IPMC included residential
parking requirements, whereas the new IPMC does not include residential
parking requirements, as the parking requirements were intended to be
adopted as a stand-alone chapter of the Code of Ordinances, however
adoption of the stand-alone parking requirements failed. Several ordinances
were adopted to delay the effectiveness of Ordinance 5285, so that the
previously existing parking requirements would remain in effect. The delay
was intended to provide time for new residential parking requirements to be
adopted. The delayed effectiveness of the ordinances ended as of October
1, 2016, and there are currently no residential parking requirements, other
than what is provided in the Zoning Ordinance. The proposed regulations
that failed to be approved appeared to have primarily failed due to concerns
with previously proposed requirements for owners with existing driveways
that do not meet requirements to have to bring the driveway up to current
code. Those requirements have been removed from the proposed
ordinance, and the proposed wording now provides for legal non-
conforming (grandfathering) status of existing driveways that do not meet the
new requirements. Please find attached a copy of the proposed amendment,
showing strike -through for wording proposed to be removed from what the
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
regulations previously where, and underline for new wording to be added
from what the regulations previously were.
none
n/a
Code of Ordinances
Title 6 - Motor Vehicles and Traffic
Chapter 7 (new)
PARKING IN RESIDENTIAL AREAS
6-7-1: PURPOSE:
The special provisions of this ordinance chapter are intended to regulate the location of vehicles
parked in the front yard on residential properties. It is the desire of the City of Waterloo to
encourage an aesthetically pleasing local environment. It is also the intent of the City of
Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and
maintain the visual harmony and character appropriate in residential neighborhoods within the
city. The GoalG objectives to be attained through this chapter include preserving and improving
the peace, safety, health, welfare, comfort and convenience of the citizens of the city of
Waterloo, minimizing the adverse visual effects of front yard parking on residential property and
allowing for the reasonable use of driveways in the front yard for parking.
6-7-2: DEFINITIONS:
As uced in this chapterFor purposes of this chapter, unless the context indicates otherwise, the
following words and phrases shall have the meanings respectively ascribed to them in this
section.
DRIVEWAY: That portion of private property, paved or unpaved, that provides vehicular access
to a property from the public right-of-way or between private properties, and where said
driveway is specifically designated for or commonly utilized as an access way by vehicles to
parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses
may extend along the side or rear of the dwelling and in some cases, may terminate in a
designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A
private driveway begins at the property line and extends into or across the site.
A driveway may extend into or across the front yard area inof a residential
d+stiistproperty. The driveway may terminate in the front yard area of a dwelling provided that
the termination area is a garage; or carport or a parking area authorized by this chapter. The
parking area shall be included in the hard surface area, conforming to section 6-7-3.A.2 hereof
regulating the area of a hard -surface driveway and parking area permitted in the front yard. No
portion of a driveway situated in the front yard teof a residential districtproperty may be
extended beyond the width of the curb cut garage(s) that the driveway serves or, if there is not a
garage (attached or detached) that is served by the driveway, the width of the driveway opening
at the street unless said driveway extension provides direct access to a parking lot, garage,
.. _ -. meets the requirements of a driveway extension. In all cases, the
driveway must be at least the mini same width dimension as the outside width dimension of
a vehicle fel-which it serves. This restriction shall not prohibit the construction of a parking area
for multi -family residential uses in a front yard if otherwise allowed by the Zoning Ordinance.
"Parked, Parking"DRIVEWAY EXTENSION: The placement of a vehicle for any substantially
uninterrupted period of time not excccding forty eight ('18) hour: For a one- or two-family
residential property, any extension to the driveway beyond the width of the garage(s) that the
driveway serves or, if there is not a garage (attached or detached) that is served by the
driveway, the width of the driveway opening at the street.
Comment [ALO1]: Formerly 302.8.1.1
Comment [ALO2]: Formerly 302.8.1.2
RECREATIONAL VEHICLE: Any vehicle whose primary purpose is recreation/entertainment
and not a primary means of transportation. These include, but are not limited to, boats, trailers,
campers, and motor homes.
VEHICLE: Any motorized implement of conveyance designed or used for the transportation of
wagons, or any part or accessory portion thereofAny device in, upon or by which a person or
property is or may be transported or drawn upon a highway or street, excepting devices moved
by human power or used exclusively upon stationary rails or tracks, and shall include, without
limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm
machinery or any combination thereof.
YARD, FRONT: A yard extending across the full width of the lot and measured between the
front lot line and the buildingfoundation of a principal building or any projection thereof, other
than the projection of the usual steps, overhanging balconies, other ordinary projections, or
unenclosed porches or decks or unenclosed porches, or the required front yard set back ac
required by the Zoning Ordinance for R 1 and R 2 zones. On corner lots, the front yard shall
include that portion of the lot between the principal structure and the street right-of-way on both
street sides of the lot.
YARD, REAR: A yard extending across the full width of lot and measured between the rear lot
line and the buildingfoundation of a principal building or any projections thereof, other than the
projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed
porches or decks. - .. - - - ... - . On beth -corner lots and interior
lots the rear yard is the opposite end of lot from the front yard where the house is addressed
and faces.
YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the
side lot lines and nearest structurcthe foundation of a principal building or any projection
thereof, other than the prosection of the usual steps, overhanging balconies, or other ordinary
projections.
"Junked Vehicles" Inoperative (mechanically or legally), wrecked, dismantled or partially
dismantled motor vchicics arc not to bc in public or private view, and must be completely
enclosed in a building. Junked vchicics may not bc placed behind fcnces, unless in connection
6-7-3: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF
1 VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES:
A. General Restrictions:
1. No more than four (4) motor vehicles ' , - - , excluding
recreational vehicles and trailers with a recreational vehicle on it, shall be parked outside an
approved garage on a one- or two-family residential property. For any other residential
property, the maximum number of such vehicles shall be two (2) per legally established
dwelling unit within a structure. Notwithstanding the foregoing restrictions, the maximum
number of such vehicles may increase to a number not more than the number of licensed
drivers legally residing at the property.
2
Comment [ALO3]: Formerly 302.8.1.3. This
section was/is longer and subsections have been
moved around and re -worded
2. Any vehicles parked outside an approved garage shall be parked on concrete (five
inches Portland Cement Concrete minimum), asphalt (four inches of hot mix asphalt on a
six-inch rock base minimum) or gravel (six inches minimum) or similar surface approved by
Grass patio pavers bricks or similar products +care not an approved
parking surface unless said patio pavers, bricks, or similar products are placed over a
minimum depth of four inches of rock base. In all cases the parking surface must be at least
equal to the outside dimensions of a vehicle which it serves. For one- and two-family
residential properties, gravel shall be an approved parking surface in a rear or side yard -and
in a front yard for the driveway (excluding any driveway extensions). Gravel is not an
approved parking surface in a front yard beyond the driveway, or for any parking surface for
a multi -family residential property. For one- and two-family residential properties with
existing gravel driveways in a front yard built prior to enactment of this chapter, such
driveways shall be permitted to remain and may be maintained and repaired but shall not
be enlarged without being brought into compliance with this chapter. For one- and two-
family residential properties, the width of a driveway in the front yard shall be limited to the
width of the garage(s) that the driveway serves, or in the absence of a garage, the width of
the driveway opening at the street. Existing gravel parking areas in the front yard that
extend past the driveway (i.e., a driveway extension) of a one- or two-family residential
property built prior to enactment of this Gchapter shall be permitted to remain, and may be
maintained or replaced, but shall not be enlarged without being brought into compliance with
this chapter
rte. Existing gravel areas for parking surfaces for multi -family residential property
shall be subject to applicable non -conforming use provisions of the City of Waterloo Zoning
Ordinance, if legally constructed prior to adoption of Ordinance 2479 on February 3, 1969.
Non -conforming status shall not apply to gravel areas created after February 3, 1969 for
multi -family residential properties or to gravel areas for one- or two-family residential
property converted to multi -family residential property after February 3, 1969. Parking is
permitted in the rear and side yards, subject to compliance with the applicable requirements
of this paragraph.
3. In any "R" district, No one- or two-family dwelling or lot residential property shall have
more thanthirty three percent (33%) of a driveway extension more than ten (10) feet wide
measured perpendicular to the length of the driveway in the front yard
off street parking purpose:,. However, this restriction shall not prohibit the construction of a
twenty (20) foot driveway or driveway with driveway extension expansion immediately in
front of and the minimum width reasonably necessary to provide access to a 3 or /I stall
garage., nor shall it prohibit the construction of a circular drive if otherwise approved by the
City Engineer and meeting the requirements of the City Code of Ordinances, nor shall it
prohibit a driveway extension that is more than ten (10) foot wide measured perpendicular to
the length of the driveway when used for a turnaround (hammerhead) and not used for
parking. Existing driveway extensions that do not comply with these requirements that arc
surfaced with hot mix asphalt or Portland Ccmcnt Concrctc shall bc permitted to continuc
and to bc rebuilt as long as said rebuild does not increase the non conformity. Existing
driveway extensions that do not comply with these requirements and arc not surfaced with
hot mix asphalt or Portland Ccmcnt Concrctc shall have until December 31, 2017 to bo
brought into compliance with these requirements.
B. Parking in Front Yards: For one and two family dwellings, No parking shall be allowed in the
front yard of a residential property or any portion of such front yard, as defined in No. 3 of
this section, unless the following is true:
3
4--Tthe area is a permitted driveway or driveway extension as defined in this ordinancechapter.
2. Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance.
Recreational vehicles as defined in this ordinancesectionchapter shall be strictly prohibited
from parking in the front yard, except for temporary periods not exceeding three (3) days
Within any seven (7) day period.
/1. Parking is permitted in the rear and side yards, behind the front yard as herein defined. In
principal structure and the street right of way on both street sides of the lot. All parking shall
comply with paragraph 3.a.2.
If any part of a vehicle is parked in the front yard, the entire vehicle shall be deemed to be
parked in the front yard, regardless of whether some part of the vehicle is not parked in the
front yard.
C. Front Yard Parking Citation:
1. No person shall drive, stop, stand, or park a vehicle onto or upon the front yards of a
property, except as permitted by this section or except for work in progress, such as
construction, tree trimming, etc., or temporary activities such as deliveries or vehicle
washing not exceeding two (2) hours. A violation of this section shall place such vehicle in
the status of an illegally parked vehicle and, .: a . e .. _ • the vehicle may
be dealt with pursuant to this chapter section 302.8.1(3)b.5 .
2. No person shall park a vehicle in violation of the front yard provisions in Subsection
302.8.1(3)b. Parking in Front Yards.
3. No person shall park a vehicle in violation of the site plan parking provisions in the City
of Waterloo Zoning Code.
2. In lieu of a citation for a municipal infraction, a person who violates any provision of this
section shallmay be issued a front yard parking citation in the amount of $40.00.
3. Prima Facie Presumption: In any proceeding charging a violation of this chapter, proof
that the particular vehicle described in the information was parked in violation of this
chapter, together with proof that the defendant named in the information was the registered
owner of the vehicle or the owner of the property on which said vehicle was unlawfully
parked at the time of the alleged violation, shall constitute a prima facie presumption that the
registered vehicle owner and/or the property owner was the person violating this chapter or
allowing the violation to occur.
D. Parking of (Recreational Vehicles):
1. Not more than twethree (23) recreational vehicles shall be parked on any single one- or
two-family residential letpropertyhaving an area of one acrc or Ic-s. No recreational vehicle
owned by persons not residing on the property shall be parked on any residential property at
any time, except for visitors. Visitor parking shall be limited to not more than thirty (30) days
per calendar year.
4
Comment [A104]: Change seven days to 3 days
per Council comment 05/26/15
Comment [ALO5]: Add within 7 day period per
Council comment 06/01/15
2. Recreational vehicles shall not occupy or obstruct access to any required parking space
at any time, except that required for another recreational vehicle.
2. A recreational vehicles may be parked in a front yard if such vehicle is parked on a
driveway or driveway extension on a hard surface having a depth of 'I inches located
adjacent to and parallel with the driveway if the recreational vehicle has a height no greater
than 48" and is not parked in the "vision triangle" required by zoning is parked for temporary
periods not exceeding three (3) days within any seven (7) day period.
3. Recreational vehicles may park in the a required side or rear yard on an approved
parking surface.
a. if a minimum separation of 10 feet, including thc side yard setback of thc
other like vehicle or principal building (including attached accessory structures)
on an adjoining premises;
b. or if after written application the Department of Community Development
Technical Review Committee finds that there will not be an adverse impact upon
c. or if thc adjoining property owncr docs not file a writtcn objcction to such parking
in the required side yard, in which case such proposal shall be referred to the
Board of Adjustment for a determination. The adjoining property owncr shall be
notified of such proposal and permittcd not less than ten (10) days nor morc than
Adjustment.
In determing whether thc vehicle may adversely affect thc passage of wind and
air, thc Dcpartmcnt or Board shall give consideration to whether increased snow
drifting or wind velocity may result to the detriment of adjoining properties to an
In determining whether the availability of light will be adversely affected, the
presence of doors or windows on adjoining side walls for living or family rooms,
kitchen, or bedrooms; and porches or organized outdoor living space such as
that provided by a deck or patio, shall be considered together with building
E. Use as Residence: No recreational vehicle shall be used as a temporary or permanent
residence, except in a conforming recreational vehicle park; or campground or beyondwithin
the time permitted for visitor parking as noted in Section 3.c.1 subsection D.1 above.
The Code Enforcement Division and/or the Police Department may remove and impound
vehicles or cause vehicles to be removed an impounded when the vehicles are stopped
employ such m ns as arc r asonably necessary. Impounded vehicles shall be stored
at a location designated by the City.
6-7-4: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES: As an additional or alternative
remedy to the issuance of a citation as provided in section 6-7-3.{C}(2), vehicles that are
Comment [ALO6]: Change seven days to three
days per Council comment 05/26/15
Comment [ALO7]: Add within 7 day period per
Council comment 06/01/15
Comment [ALO8]: Formerly 302.8.1.4
Comment [ALO9]: Also formerly part of
302.8.1.3 (302.8.1.3.b.6) but this replacement section
significantly expands upon the former wording
stopped or parked in violation of this chapter or other city ordinances may be removed and
impounded as provided in this section.
A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation
of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if
they can be identified and the owner of the property by at least one of the tollowing
methods: (i) by delivering a copy of the notice to the individual personally; (ii) by serving, at
the individual's dwelling house or usual place of abode, any person residing therein who is
at least eighteen (18) years old; (iii) by serving the individual's spouse at a place other than
the individual's dwelling house or usual place of abode; (iv) by sending a copy thereof by
certified mail, return receipt requested, to the last known address of the recipient; or (v) by
sending a copy thereof by first-class mail to the last known address of the recipient and by
posting a copy thereof in a conspicuous place at the subject property. As an alternative to
service of notice by any of the foregoing means, notice by one publication in a newspaper of
general circulation in the City of Waterloo shall be sufficient to meet the requirements of this
subsection. The published notice may contain multiple listings of vehicles but shall be
published within the same time requirements and shall contain the same information as
prescribed for mailing notice in this subsection. Published notice may be used if (a) the
identity of the last registered owner cannot be determined; or (b) the registration contains no
address for the owner; or (c) it is impossible to determine with reasonable certainty the
identity and address of all lienholders. Notice shall be deemed given either when personally
served, when mailed, or when published. If notice served only by certified mail is returned
undelivered by the U.S. post office, action to impound the vehicle shall be continued to a
date not less than ten (10) days from the date of such action. This notice shall contain the
following information:
1. That the vehicle is in violation of this chapter;
2. A description, to the extent possible, of the year, make, model, color, and location of
the vehicle;
3. That the owner of the vehicle and/or the property owner must remove the vehicle or
correct the violation in accordance with this chapter;
4. That failure to comply with the provisions of this chapter within seven (7) days from the
date notice is given, the owner of the vehicle and the property owner shall be liable for
the violation;
5. That the vehicle will be removed by the city and impounded at the owner's expense;
and
6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the
owner of the vehicle, the property owner and the lienholders shall no longer have any
right, title, claim or interest in or to the vehicle or the personal property contained
therein.
B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is
located fails to remove the vehicle in accordance with the terms of this chapter, the
enforcement officer shall abate such violation by causing the vehicle to be removed and
6
impounded and sold or disposed of as specified herein, and the cost of abatement shall be
charged to the owner of the vehicle and/or the owner of the property.
C. Redemption Oof Impounded Vehicle; Abandonment: Within thirty (30) days after the
impoundment of any vehicle under this section, the owner thereof may appear and claim the
vehicle or the personal property contained therein. The vehicle shall be released after the
owner provides proof of ownership, pays an impoundment fee, and pays towing and storage
charges. Personal property contents shall be released after the owner provides proof of
ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall
no longer have any right, title, claim or interest in or to the vehicle and its remaining
contents, and the vehicle may be disposed of as provided by Iowa law governing
abandoned vehicles, currently codified at section 321.89 of the Code of Iowa. During the
period of impoundment, the impoundment facility at which the vehicle is being stored shall
be responsible for the vehicle.
6-7-6: EFFECTIVE DATE
This seetienshapter shall bccomcis effective upon adoption. Current residents owning
rccrgational vehicles on the effective date shall bc givcnhavo 180 days until December 31, 2015
to conform to the parking provisions of this Section h pter for their current place of residency
for the duration that the current resident owns a recreational vehicle.
6-7-6: Au##orized ENFORCEMENT -Agencies_
The Waterloo Police Department, Code Enforcement Officers, or any other persons authorized
_ - _ _ . - _ _ - _ _ • - _ . _ -Code enforcement
officers and officers of the Waterloo Police Department are authorized to enforce the provisions
of this chapter.
7
Penalty
Any violation of this ordinance shall constitute a Municipal Infraction and bc punishable
consistent with Sections 1 8 of the Waterloo Code of Ordinances.
6-7-7: REQUEST FOR VARIANCE OR APPEAL:
A person who, either being charged with violation of this chapter or in anticipation of being
charged with such violation, desires to request an exception to the application of any provision
of this chapter due to extraordinary hardships or practical difficulties, may file an application for
a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city
council. The application shall state the relief requested and the grounds therefor. As to any
citation or notice of violation issued pursuant to this chapter, the application must be filed within
seven (7) days after the citation or notice is delivered. Hearing on the application shall be
scheduled for a date within thirty (30) days after the application is filed and the fee paid, and it
shall be scheduled for no more than twenty (20) minutes in length or, if the applicant requests
an extension of time, such additional time as the city council or its designated committee, in its
discretion may deem necessary. If the applicant desires additional time, he or she must
request it at least seven (7) days before the scheduled hearing date. A variance shall not have
the effect of nullifying the intent and purpose of this chapter. The city council or its designated
Comment [AL010]: Formerly 302.8.1.5
Comment [ALO11]: Formerly 302.8.1.6
Comment [AL012]: Formerly 302.8.1.7, not
needed because covered by existing code
committee shall consider whether the granting of a variance would be detrimental to the public
health, safety or welfare, whether the subject property is characterized by unique conditions,
whether the applicant will suffer particular hardship as compared to mere inconvenience if the
strict letter of this chapter is carried out, and any other considerations that the city council or its
designated committee consider relevant. After such hearing, the city council or its designated
committee shall act by simple majority vote, may require such conditions as the council or its
committee believe will substantially secure the objectives of this chapter, and shall reduce its
decision to writing. The city clerk shall deliver a copy of the decision to the applicant.
8