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Home My WebLink About5484 - 3/4/2019 (RECORDED)i iiiiiii iiiI I iii hili hili hili hili hili hili hili hili hili hili hili ilii ilii D c ID. 009518550004 Typ GEN Recorded 04/05/2019 at 08:43 15 AM F e Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2019-00014827 This Ordinance prepared by Chris Wendland, City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. (319)-291-4323 ORDINANCE NO. 5484 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: REPEALING THE FIRST SUBPARAGRAPH OF PARAGRAPH 3 OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-14-1, REGULATIONS, OF CHAPTER 14, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT; AND ENACTING IN LIEU THEREOF A NEW FIRST SUBPARAGRAPH OF SAID PARAGRAPH 3, AND AMENDING SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-15-1, REGULATIONS, OF CHAPTER 15, "C-2" COMMERCIAL DISTRICT, BY ADDING A NEW PARAGRAPH 28, AND RENUMBERING THE FOLLOWING PARAGRAPH ACCORDINGLY, AND AMENDING SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-19-1, REGULATIONS, OF CHAPTER 19, "M-1" LIGHT INDUSTRIAL DISTRICT, BY ADDING A NEW PARAGRAPH 35. BE IT ORDAINED by the City Council of the City of Waterloo that the City of Waterloo Zoning Ordinance No. 5079, as previously amended, is amended as set out herein, repealing those sections that are being replaced and setting forth the amendment or replacement sections, and further amending said Ordinance by adding amendments as set out herein. Said Ordinance, as amended hereby, shall apply to all lands lying within the corporate limits of the City of Waterloo, Black Hawk County, Iowa. This Ordinance shall be in full force and effect after its final passage and publication as provided by law. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That the first Subparagraph of Paragraph 3 of Subsection A, Principal Pei ulitted Uses, of Section 10-14-1, Regulations, of Chapter 14, "C-1" Neighborhood Commercial District, is hereby repealed in its entirety; and that a new first Subparagraph of said Paragraph 3 is hereby enacted in lieu thereof, as follows: Any retail business or service establishment such as the following, except that fireworks sales shall be prohibited: This amendment shall not amend the existing list of uses following the first subparagraph of Paragraph 3. That Subsection A, Principal Permitted Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2" Commercial District, is amended to add a new Paragraph 28, and the following Paragraph is renumbered accordingly, as follows: 28. Fireworks Sales, when located within a principal building and not an accessory structure, and when said fireworks sales are accessory and customarily incidental to an existing principal retail sales use. a;) Ordinance No. 5484 Page 2 That Subsection A, Principal Permitted Uses, of Section 10-19-1, Regulations, of Chapter 19, "M-1" Light Industrial District, is amended to add a new Paragraph 35, as follows: 35. Fireworks Sales, provided that any such structure or building used for fireworks sales shall be at least two hundred (200) feet from any "R" District, and provided that any temporary structure used for fireworks sales (tent, trailer, cargo container, etc.) shall be set back at least twenty-five (25) feet from any property line. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2"d CONSIDERATION: PASSED 3rd CONSIDERATION: February 4, 2019 February 4, 2019 February 11, 2019 February 18, 2019 PASSED AND ADOPTED this 18th day of February, 2019. elley Felch City Clerk Quentin Hart, Mayor Ordinance No. 5484 Page 3 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5484 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 18th day of February, 2019. Witness my hand and seal of office this 18th day of February, 2019. elley Felchle City Clerk STATE OF IOWA, } Black Hawk County, SS ORDINANCE NO, 5484 AN AMENDING ORDINANCE NO. 5079, AS AMENDED, THE CITY OF WATER- LOO ZONING ORDINANCE ADOPTED OCTOBER 17, 2011, BY: REPEALING THE FIRST SUBPARA- GRAPH OF PARAGRAPH 3 OF SUB- SECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-14-1, REGULA- TIONS, BOROD. COMMERCIOF CHAPTER ALC-1DISTRICT; DI TRICT; AND ENACTING IN LIEU THEREOF A NEW FIRST SUBPARAGRAPH OF SAID PARAGRAPH 3, AND AMENDING SUB- SECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-15-1, REGULA- TIONS, OF CHAPTER 15, "C-2" COM- MERCIALA NEW PAR GRAPHT28, ANDDDING RENUM- BERING THE FOLLOWING PARA- GRAPH ACCORDINGLY, AND AMEND- ING A, PRINCIPL MITfEDBSECTUSES10OF SECTION N 10 19--11, REGULATIONS, OF CHAPTER 19, "M-1" LIGHT INDUSTRIAL DISTRICT, BY ADDING A NEW PARAGRAPH 35. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO THAT THE CITY OF ZONING ORDINANCE NO. 5079,E AOS PREVIOUSLY SEET AMENDED, I IS AMENDED ASREPEALING THOSE THAT ARE BEING REPLACEDCAND NSETTING FORTH THE AMENDMENT OR REPLACEMENT SEC- TIONS, AND FURTHER AMENDING SAID ORDINANCE BY ADDING AMEND- MENTS ET OUT HEREIN. SAID ORDINANCESAS AMENDED HEREBY, SHALL APPLY TO ALL LANDS LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. THIS ORDI- NANCE SHALL BE IN FULL FORCE AND EFFECT AFTER ITS FINAL PAS- SAGE AND PUBLICATION AS PROVI- DED BY LAW. CE IT OBY THE CITY COUNCILOFF THE DCITY OF WATER- LOO, IOWA: THAT THE FIRST SUB- PARAGRAPH OF PARAGRAPH 3 OF SUBSECTION A, PRINCIPAL PERMIT- TED USES, OF SECTION REGULATIONS, OF CHAPTER 14, "C-1" NEIGHBORHOOD COMMERCIAL DIS- TRICT, IS HEREBY REPEALED IN ITS ENTIRETY; AND THAT A NEW FIRST SUBPARAGRAPH OF SAID PARA- GRAPH 3 IS HEREBY ENACTED IN LIEU THEREOF, AS FOLLOWS: ANY RETAIL BUSINESS OR SERVICE ES- TABLISHMENT SUCH AS THE FOL- LOWING, EXCEPT THAT FIREWORKS SALES SHALL BE PROHIBITED: THIS AMENDMENT SHALL NOT AMEND THE EXISTING LIST OF USES FOLLOWING THE FIRST SUBPARA- GRAPH OF PARAGRAPH 3. THAT SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-15-1, REGULATIONS, OF CHAPTER 15, "C-2" COMMERCIAL DISTRICT, IS AMENDED TO ADD A NEW PARA- GRAPH 28, AND THE FOLLOWING PARAGRAPH IS RENUMBERED AC- CORDINGLY, AS FOLLOWS: 28. FIRE- WORKS SALES, WHEN LOCATED WITHIN A PRINCIPAL BUILDING AND NOT AN ACCESSORY STRUCTURE, AND WHEN SAID FIREWORKS SALES ARE ACCESSORY AND CUSTOMARILY INCIDENTAL TO AN EXISTING PRINCI- PAL RETAIL SALES USE. THAT SUB- SECTION A, PRINCIPAL PERMITTED USES, OF SECTION 10-19-1, REGULA- TIONS, OF CHAPTER 19, "M-1" LIGHT INDUSTRIAL DISTRICT, IS AMENDED TO ADD A NEW PARAGRAPH 35, AS FOLLOWS: 35. FIREWORKS SALES, PROVIDED THAT ANY SUCH STRUC- TURE OR BUILDING USED FOR FIRE- WORKS SALES SHALL BE AT LEAST TWO HUNDRED (200) FEET FROM ANY "R" DISTRICT, AND PROVIDED THAT ANY TEMPORARY STRUCTURE USED FOR FIREWORKS SALES (TENT, TRAILER, CARGO CONTAINER, ETC.) SHALL BE SET BACK AT LEAST TWENTY-FIVE (25) FEET FROM ANY PROPERTY LINE. INTRODUCED: February 4, 2019 PASSED 1st CONSIDERATION: February 4, 2019 PASSED 2nd CONSIDERATION: February 11,2019 PASSED 3rd CONSIDERATION: February 18, 2019 PASSED AND ADOPTED this 18th day of February 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance 5484 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of March, 2019 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $40.96 LI (A) tAki buu, Signed Subscribed and sworn to before me this Day of 1"La,"0-• A.D., 20 1\ Received of Notary Public the sum of Dollars. In full for publication of the above notice.