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Home My WebLink About4841 - 10/16/2006 , Document Number: 2007013880 CITY OF WATERLOO Ii1 Date: Dec 20,2006 3:42:36 pm Aud Fee: 0.00 Rec Fee: 20.00 P Trans Tax: 0.00 Rec Management Fee: 1.00 E-Com Fee: 1.00 Non-Standard Page Fee: 0.00 Filed for record in Black Hawk County,Iowa Z Patricia S.Sass,County Recorder This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4841 AN ORDINANCE AMENDING THE WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY: REPEALING SECTION 2A-47 (C) (4 ) (f) , STRIP DEVELOPMENTS OR STRIP MALLS, OF PART XXIII, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS; AND ENACTING IN LIEU THEREOF A NEW SECTION 2A-47 (C) (4) (f) , STRIP DEVELOPMENTS OR STRIP MALLS, OF PART XXIII, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS; AND REPEALING SECTION 2A-48 (D) , DOUBLE FRONTAGE LOTS, AND SECTION 2A-48 (F) , OTHER EXCEPTIONS TO YARD REQUIREMENTS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF NEW SECTION 2A- 48 (D) , DOUBLE FRONTAGE LOTS, AND SECTION 2A- 48 (F) , OTHER EXCEPTIONS TO YARD REQUIREMENTS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND REPEALING SECTION 2A-55 (D) AND (E) , FILING FEES FOR AMENDMENTS, OF PART XXVII, AMENDMENTS; AND ENACTING IN LIEU THEREOF A NEW SECTION 2A-55 (D) , FILING FEES FOR AMENDMENTS, OF PART XXVII, AMENDMENTS; AND REPEALING SECTION 2A-59 (A) , GENERAL FEES, OF PART XXXI, FEES . That Section 2A-47 (C) (4 ) (f) , Strip Developments or Strip Malls, of Part XXIII, Outdoor Advertising Signs and Billboards, of Zoning Ordinance No. 2479 is hereby repealed in its entirety; that a new Section 2A-47 (C) (4 ) (f) , Strip Developments or Strip Malls, of Part XXIII, Outdoor Advertising Signs and Billboards, of Zoning Ordinance No. 2479 is hereby enacting in lieu thereof as follows : f. Strip development or strip malls under common ownership that share common parking, access, or structures shall be treated as a single property for the purposes of this section. Strip development or strip malls under diverse ownership that share common parking, access, or structures shall be allowed one freestanding sign per use or unit if the following conditions are met : i . The additional freestanding signs (s) shall not be located closer than one hundred fifty (150) feet to any other freestanding sign within the overall development . L Ordinance No. 4841 Page 2 ii . For developments with individual uses or units under ten thousand (10, 000) square feet, the maximum combined area for all signs on the overall site shall not exceed the maximum allowed area for a single freestanding sign in that zone . For developments with all individual uses or units over ten thousand (10, 000) square feet, the maximum combined area for all signs on the individual use or unit site shall not exceed the maximum allowed area for a single freestanding sign in that zone. iii . A sign plan showing the square footage or signage for each parcel shall be submitted by the developer and/or landowners for the entire site prior to a sign permit being issued. That Section 2A-48 (D) , Double Frontage Lots, and (F) Other Exceptions to Yard Requirements, of Part XXIV, Special Provisions, Exceptions and Modifications, of Zoning Ordinance No. 2479, are hereby repealed in their entirety; that new Section 2A-48 (D) , Double Frontage Lots, and (F) Other Exceptions to Yard Requirements, of Part XXIV, Special Provisions, Exceptions and Modifications, of Zoning Ordinance No. 2479, are hereby enacted in lieu thereof as follows : D. Double Frontage Lots . Buildings on through lots and extending through from street to street shall provide the required front yard on both streets . Triple frontage lots shall provide the required front yard on both narrow dimension street frontage streets . This shall not prohibit the erection of a fence taller than four (4) feet or accessory structures in a rear yard unless a dwelling on an abutting lot is addressed or faces the opposite street . F. Other Exceptions to Yard Requirements . Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for permitted accessory structures in a rear or side yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, building overhangs at least four (4 ) feet above ground and ornamental features any of which projecting not to exceed twenty-four (24) inches from accessory structures and not to exceed thirty-six (36) inches from principal structures, and except the usual projection of steps or stoops with a landing abutting an entrance with said landing not to exceed five (5) feet by five (5) feet . Landings exceeding this shall meet the setback requirements for a deck. Also except ramps for handicap accessibility, provided that such ramps provide as large of setback as possible while still meeting the minimum standards of the Americans with Disabilities Act (ADA) . i Ordinance No. 4841 Page 3 Residential fences or landscape features such as sculptures or walls may be erected or constructed on property lines provided no such fence in any front yard exceeds four (4) feet in height and eight (8) feet in height in the case of side or rear yards . Overhanging balconies may project over public property in accordance with the provisions of the building code, but may not project more than five (5) feet or one half the distance to the curb, which ever is less, and shall not project into a public alley, a public parking lot, or over the roadway. Overhanging balconies shall be a minimum of eight (8 ) feet above the ground and shall have all support structures connected to the building and not onto public property unless approved by the City Council . In "C-2" and "C- 3" Commercial Districts, signs, overhangs, and marquees may extend over street right-of-way lines provided the erection of such signs, overhangs, and marquees are constructed in accordance with the provisions of the building code . That Section 2A-55 (D) and (E) , Filing Fees for Amendments, of Part XXVII, Amendments, of Zoning Ordinance No. 2479, are hereby repealed in their entirety; that new Section 2A-55 (D) , Filing Fees for Amendments, of Part XXVII, Amendments, of Zoning Ordinance No. 2479, is hereby enacted in lieu thereof as follows : D. Before any action shall be taken as provided in this part, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Treasurer a filing fee in accordance with the Schedule of Fees, as adopted by resolution by the City Council to cover the costs of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. That Section 2A-59 (A) , General Fees, of Part XXXI, Fees, of Zoning Ordinance No. 2479, is hereby repealed in its entirety. INTRODUCED: October 16, 2006 PASSED 1st CONSIDERATION: October 16, 2006 PASSED 2nd CONSIDERATION: October 16, 2006 PASSED 3rd CONSIDERATION: October 16, 2006 Ordinance No. 4841 Page 4 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 16th day of October, 2006, and approved by the Mayor on the 18th day of October, 2006. / Tim Hurley, Mayor ATTEST: Nancy Ecke , CMC City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4841 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 16th day of October, 2006. Witness my hand and seal of office this 18th day of October, 2006. ( e_A-4)— C/ Nancy Ecke, , MC City Cler 1 • - _