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HomeMy WebLinkAbout5426-11/20/2017Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5426 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: AMENDING SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, TO ADD A NEW DEFINITION FOR "IMPOUND LOT", AND AMENDING THE DEFINITIONS OF "RECYCLING, JUNK OR SALVAGE YARD", IN SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, AND REPEALING PARAGRAPH 8 OF SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION 10-27-1, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF NEW PARAGRAPH 8 OF SAID SUBSECTION H. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That the City of Waterloo Zoning Ordinance No. 5079, as previously amended, is amended as set out herein, repealing those sections that are being replaced and setting forth the amendment or replacement sections, and further amending said Ordinance by adding amendments as set out herein. Said Ordinance, as amended hereby, shall apply to all lands lying within the corporate limits of the City of Waterloo, Black Hawk County, Iowa. This Ordinance shall be in full force and effect after its final passage and publication as provided by law. That Section 10-3-1, Definitions, of Chapter 3, Definitions, is hereby amended to add the definition of "Impound Lot" in its proper alphabetical order with other definitions already contained in said Section 10-3-1, as follows: Impound Lot: See Recycling, Junk or Salvage Yard. That the definitions of "Recycling, Junk or Salvage Yard" in Section 10-3-1, Definitions, of Chapter 3, Definitions, is hereby repealed, with the definition set forth below enacted in lieu thereof: Recycling, Junk or Salvage Yard: Any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. Materials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being actively restored to running condition, parts of vehicles, plastic bottles or containers, rags, paper cardboard, glass and tires. [Ordinance 3864, 6/3/92) This would also include any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, kept, stored or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations, and not including contractors storage yards, and not including rubble fill deposited on property in compliance with 4-3B of the Code of Ordinances. For the purpose of this Ordinance, the term "actively restored to running condition" Ordinance No. 5426 Page 2 in other than a recycling, junk or salvage yard shall mean if within the last thirty (30) days the owner of the business or premises on which the vehicle is located has spent at least ten (10) hours of labor in the repairing, rebuilding or reconstruction of the motor vehicle. The burden shall be on the owner to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed in the vehicle. This exception for motor vehicles being actively restored shall not extend to vehicles from which parts are being taken to restore another vehicle. Parts being used in the restoration of a motor vehicle must be stored in an enclosed building while restoration work is not taking place. For the purposes of this Ordinance, the term "recycling yard" shall include a "junk yard", "salvage yard", or "auto salvage yard". Impound yards to which vehicles are taken for temporary or long-term storage until control of vehicle can be returned to the owner, or the vehicles are recycled or auctioned off, shall be considered recycling, junk or salvage yards. That Paragraph 8 of Subsection H, Special Permit Required, of Section 10-27-1, Special Provisions, Exceptions and Modifications, of Chapter 27, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; and that a Paragraph 8 of said Subsection H is hereby enacted in lieu thereof, as follows: 8. Recycling, Junk or Salvage Yards as defined in this Ordinance provided that they are within the following zoning classifications: "M-1" Light Industrial District, "M-2" Heavy Industrial District or "M -2,P" Planned Industrial District and meet the following minimum requirements: The City of Waterloo in attempt to be more sustainable and encourage more ecologically friendly businesses adopts these salvage yard regulations in part based on the Iowa Recyclers Association's I -CARE program. a. The yard shall be completely surrounded 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 for see through inspection purposes for no more than forty (40) feet along each side of the yard having street frontage and at approved points of access to a public street or alley. Chain link or heavy wire fencing that is free from torn areas or openings may be placed along sides of the yard adjoining a flood control levee or other such barrier which would permanently screen the yard from public view. No storage outside of fenced area except for receiving of vehicles that must be moved in 5 business days. b. No off -premise advertising shall be on any wall or fence. The name of the yard and other services offered 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 supporting 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 allowable building height for the District. The Board of Adjustment shall have the power to grant an exception to these stacking provisions so long as said exception is in accordance with the purpose and intent of the Zoning Ordinance. e. All work performed shall be carried on within the fenced area or within an enclosed building or structure approved as a part of the salvage operation. f. All automotive fluids must be properly removed and managed as part of the dismantling procedure and/or prior to crushing the vehicles to ensure that no fluids are discharged into the ground. All fluids removed from the vehicles must be stored in containers that are in good condition. If containers are in excess of 55 gallons and stored outdoors they must have secondary containment and be properly marked as to Ordinance No. 5426 Page 3 what fluids they contain and be properly stored to insure that they do not lead into the ground, sewer systems, drainage pipes, or bodies of water g. No salvage materials shall be placed in the Floodway District. Materials in the Floodway Fringe District (100 -year flood district) shall be in accordance with the performance standards of that District. h. New yards established after the adoption of these provisions shall place the required solid wall or fence no closer to any street lot line than the minimum front yard required in the District in which it is located. Within this setback there shall be at least four (4) 2 -inch caliper understory trees within every 100 feet or part thereof that are maintained in a healthy condition. This does not pertain to expansions of existing yards within the same block and on the same street as the existing yard. All areas devoted to customer and/or employee parking located outside of the fence or wall area must be hard surfaced and on private property in accordance with the off-street parking Section of the Zoning Ordinance. [Ordinance 3104, 10/6/80] [Ordinance 3233, 8/2/82] [Ordinance 3323, 2/6/841 [Ordinance 3614, 1/9/89] [Ordinance 3864, 6/1/92J i. The Iowa Department of Natural Resources must be notified of any hazardous spill that has the potential to leave the property by run-off, sewers, tile lines, culverts, drains, utility lines, or some other conduit; has the potential to reach a water of the state, either surface or groundwater; the substance can be detected in the air at the boundaries of the facilities; or there is a potential threat to public health and safety; j. Maintain a Spill Prevention control and Countermeasures plan per EPA regulations. k. All lead -acid and hybrid batteries are properly removed and managed as part of the dismantling procedure and/or prior to crushing the vehicles. Spent lead -acid batteries are placed either in a covered storage area on an impervious surface or in plastic containers with lids. Spent lead -acid batteries are recycled through a reputable battery recycler. Hybrid batteries should be recycled. 1. Refrigerant is evacuated from each vehicle in accordance with applicable regulations, or contracts for refrigerant removal with a licensed vendor. Records are maintained for off-site refrigerant disposal/reclamation that includes the amount of refrigerant, the date spent, and the facility that received the refrigerant. m. Engines and transmissions to be resold are stored under a permanent roof on an impervious surface, or in an outside covered weather-proof container. Scrap core, engines and transmissions are stored under a permanent roof on an impervious surface, in an outside covered weather-proof container, or an impervious surface that drains to an oil -water separator. n. Vehicle hoods are routinely kept closed to reduce rainfall exposure of engines that remain in the vehicles stored in the yard. o. Spent solvents from the parts cleaning systems are disposed of with an authorized processor. p. q. Waste water from parts washing is either recycled or collected for disposal in an approved manner, and shall not be discharged to the surface (ground) or any stoup water collection system. Waste tires are stored on-site with at least 20 feet of clearance between tire storage areas, the perimeter of the yard and/or structures. No more than 500 exposed non - racked tires and no more than 1,500 tires are kept on-site at any given time. r. Fluorescent bulbs are managed as Universal Waste and properly recycled. Ordinance No. 5426 Page 4 s. Maintain compliance with City of Waterloo Storm Water regulatory requirements and IDNR storm water general permit for industrial classification 5015. t. Maintain Iowa DOT recycler's license, Iowa DOT Used car Dealer's license, Sales Tax Permit, and Household Hazardous Material permit (if any are required). u. Any new impound lot must obtain Special Permit approval and meet all regulations as a Recycling, Junk or Salvage Yard. Existing impound lots that are not currently licensed as a Recycling Yard under Section 3-10 of the Code of Ordinances shall obtain said license by May 1, 2018. v. Must have current licenses, be up to date on any required training and follow all applicable state and federal regulations. w. All recycling facilities within the City of Waterloo are encouraged to be certified under the Iowa Recyclers I -CARE program. x. Any new yard must be at least 600 feet from any protected use as defined herein. Any yard that has failed to renew their Recycling Yard license provided in Section 3-10 of the Code of Ordinances within six months of the deadline will be considered abandoned and will have to cease operations or go through the Special Permit process and meet current regulations. INTRODUCED: November 6, 2017 PASSED 1St CONSIDERATION: November 6, 2017 PASSED 2nd CONSIDERATION: November 13, 2017 PASSED 3rd CONSIDERATION: November 20, 2017 PASSED AND ADOPTED this 20th day of November 2017. AT'tST: 1 Kelley Felc City Clerk Pt7d- Quentin Hart, Mayor CERTIFICATE t I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5426 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 20th day of November 2017. SEAL Witness my hand and seal of office this 20th day of November 2017. Kelley Felc City Clerk