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HomeMy WebLinkAbout4855 - 02/19/2007 • 1 Document Number: 2007021290 CITY OF WATERLOO I Date: Apr 10,2007 4:30:00 pm Aud Fee: 0.00 Rec Fee: 25.00 P " Trans Tax: 0.00 Rec Management Fee: 1.00 J E-Com Fee: 1.00 Non-Standard Page Fee: 0.00 Filed for record in Black Hawk County,Iowa Z Judith A.McCarthy,County Recorder This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4855 AN ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED FEBRUARY 3, 1969, BY: REPEALING SUBSECTION D, HOME OCCUPATIONS, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION D, HOME OCCUPATIONS, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS, AND REPEALING SUBSECTION M, ERECTION OF MORE THAN ONE (1) PRINCIPAL STRUCTURE ON A LOT, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION M, ERECTION OF MORE THAN ONE (1) PRINCIPAL STRUCTURE ON A LOT, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS, AND REPEALING SUBSECTION 1 OF SUBSECTION G, EXISTING OPEN PORCH, OF SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 1 OF SUBSECTION G, EXISTING OPEN PORCH, OF SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, AND ADDING SUBSECTION 14 TO SUBSECTION H, SPECIAL PERMIT REQUIRED, TO SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS . Be it ordained by the Council of the City of Waterloo that the City of Waterloo Zoning Ordinance No. 2479, as amended, is amended as set out herein, repealing those sections that the minutes indicate are being replaced and setting forth the amendment or replacement sections, and further amending the Ordinance by adding amendments as set out herein. Said Ordinance, as amended, 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 COUNCIL OF THE CITY OF WATERLOO, IOWA: L 1 4 i Ordinance No. 4855 Page 2 That Subsection D, Home Occupations, of Section 2A-7, General Regulations, of Part V, General Regulations, is hereby repealed in its entirety; that a new Subsection D, Home Occupations, of Section 2A-7, General Regulations, of Part V, General Regulations, is hereby enacted in lieu thereof as follows : D. Home Occupations . 1 . Purpose. It is the intent of this chapter to eliminate as home occupations all uses except those that conform to the standards set forth in this chapter. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a nameplate as permitted elsewhere in this Section. The standards for home occupations in this Section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation. 2 . Necessary Conditions . Home occupations are permitted accessory to a residential use only so long as all the following conditions are observed: a. Such occupation shall be conducted solely by resident occupants of the residence located on the property; b. No more than one room or twenty-five (25) percent of the gross area of one floor of said residence, whichever is less, shall be used for such purpose. Use of an accessory building for these purposes is allowed but shall be limited to one (1) accessory building with an area of said accessory building or portion thereof used for such occupation limited to three-fourths (3/4 ) of the area permitted for a residential accessory structure by Part V 2A-7 (E) or three-fourths (3/4 ) the area of existing accessory structures in the case of legal non-conforming structures exceeding the size allowed by Part V 2A-7 . Such home occupation in an accessory structure shall not occupy any parking spaces required by this Ordinance; c. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of 1 Ordinance No. 4855 Page 3 the structure or the fire district in which the structure is located; d. No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity, telephone, garbage, etc. ) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home occupation except for licensed and operable vehicles including one (1) semi tractor but excluding a semi trailer, other trailers, or other equipment, regardless if licensed for highway use; f. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of said home occupation shall be met off the street and other than in a required front yard; g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually in question under normal circumstances wherein no home occupation exists; h. No retail sales or displays for retail sales are permitted. 3 . Nameplate Allowed. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the occupation (i . e . John Jones, Realtor) . It shall not exceed two (2) square feet in area, shall be non-illuminated, and attached flat to the main or accessory structure that the occupation is conducted within, or be visible through a window. The limitation to one nameplate is intended to apply to all lots, including corner lots . 4 . Examples of Uses that Do Not Qualify as Home Occupations . The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes . Therefore, the uses specified below shall not be permitted as home occupations : auto repair, minor or major; beauty shops with more than one chair; barber shops with more than one chair; massage Ordinance No. 4855 Page 4 therapist with more than one table; retail sales operations where transactions occur on the premises; carpentry work; dance instructions; dental offices; medical offices; painting of vehicles; repair and sale of trailers or boats; photo developing; photo studios; private schools with organized classes; radio, television or appliance repair, upholstering. This list shall not be construed as being all-inclusive. That Subsection M, Erection of More Than One (1) Principal Structure on a Lot, of Section 2A-7, General Regulations, of Part V, General Regulations, is hereby repealed in its entirety; that a new Subsection M, Erection of More Than One (1) Principal Structure on a Lot, of Section 2A-7, General Regulations, of Part V, General Regulations, is hereby enacted in lieu thereof as follows : M. Erection of More Than One (1) Principal Structure on a Lot . In any district, more than one ( 1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot, except that for residential structures, more than one (1) principal structure may be erected on a single lot only upon approval of a special permit by the Board of Adjustment after recommendation of the City Planning, Programming, and Zoning Commission. Such application for special permit shall also include all of the required information for a preliminary plat, including showing how lots could be laid out so that each principal structure would meet the yard and other requirements of this Ordinance if it were on an individual lot . The Board of Adjustment may waive some or all of the required information for a preliminary plat if it is determined that the information is not needed to ensure that the request meets all requirements of the Ordinance. In reviewing the layout of multiple buildings, the City Planning, Programming, and Zoning Commission and Board of Adjustment shall consider, but not be limited to, the following: impact on neighborhood, including sight visibility and open space considerations, traffic movements, general characteristics and layout of neighboring properties, and necessary screening. Said special permit shall not be required for residential structures in any "C-Z", "R-P", or "C-P" District. That Subsection 1 of Subsection G, Existing Open Porch, of Section 2A-48, Exceptions and Modifications, of Part XXIV, Special Provisions, Exceptions and Modifications, is hereby repealed in its entirety; that a new Subsection 1 of Subsection G, Existing Open Porch, of Section 2A-48, Exceptions and Ordinance No. 4855 Page 5 Modifications, of Part XXIV, Special Provisions, Exceptions and Modification, is hereby enacted in lieu thereof as follows : 1 . An existing unenclosed porch on the front of a dwelling built prior to adoption of Ordinance 2479, 02/03/69, may be re-modeled or rebuilt to an enclosure when projecting no farther than the original unenclosed porch. That Subsection 14 is hereby added to Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications, of Part XXIV, Special Provisions, Exceptions and Modifications, as follows : 14 . Residential Structures when more than one (1) such structure is erected on a single lot, except in any "C- Z", "R-P" or "Q-P" District. INTRODUCED: February 12, 2007 PASSED 1st CONSIDERATION: February 12, 2007 PASSED 2nd CONSIDERATION: February 19, 2007 PASSED 3rd CONSIDERATION: February 19, 2007 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 19th day of February, 2007, and approved by the Mayor on the 21st day of February, 2007 . Tim Hurley, Mayo 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. 4855, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 19th day of February, 2007 . Witness my hand and seal of office this 21st day of Februry, 2007 . (_./1 CLL.( ?1- SEAL Nancy cker CMC City Clerk IF qtr / e '