HomeMy WebLinkAbout4724 - 09/20/2004 INDEX c BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 05 11549
PROOF FILED FOR RECORD NOV 5 , 2004 ,AT 4:00 P. m. FEE 1-115.00! - 1.00/
COMP ) 1201.1)1144,0
BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4724
AN ORDINANCE AMENDING ZONING ORDINANCE NO.
2479, AS AMENDED, BY:
REPEALING SUBSECTIONS (109) SIGN, EXTERIOR,
(110) SIGN, FREE STANDING OR POST, (111)
SIGN, ON-SITE, AND (112) SIGN, OFF-SITE, OF
SECTION 2A-3, DEFINITIONS, OF PART III,
DEFINITIONS; AND ENACTING IN LIEU THEREOF A
NEW SUBSECTION (109) SIGN OF SECTION 2A-3,
DEFINITIONS, OF PART III, DEFINITIONS; AND
REPEALING SUBSECTIONS 1 AND 2 OF SUBSECTION
(B) ACCESSORY USES, OF SECTION 2A-8,
REGULATIONS, OF PART VI, "A-1" AGRICULTURAL
DISTRICT; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION 1 OF SUBSECTION (B) ACCESSORY
USES, OF SECTION 2A-8, REGULATIONS, OF PART
VI, "A-1" AGRICULTURAL DISTRICT; AND
REPEALING SUBSECTIONS 1 AND 3 OF SUBSECTION
(B) ACCESSORY USES, OF SECTION 2A-10b,
REGULATIONS, OF PART VIa, "R-R" RURAL
RESIDENCE DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 1 OF SUBSECTION (B)
ACCESSORY USES, OF SECTION 2A-10b,
REGULATIONS, OF PART VIa, "R-R" RURAL
RESIDENCE DISTRICT; AND
REPEALING SUBSECTIONS 1 AND 3 OF SUBSECTION
(B) ACCESSORY USES, OF SECTION 2A-11,
REGULATIONS, OF PART VII, "R-1" RESIDENCE
DISTRICT; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION 1 OF SUBSECTION (B) ACCESSORY
USES, OF SECTION 2A-11, REGULATIONS, OF PART
VII, "R-1" RESIDENCE DISTRICT; AND
REPEALING SUBSECTION 2 OF SUBSECTION (B)
ACCESSORY USES, OF SECTION 2A-17,
REGULATIONS, OF PART IX, "R-3" MULTIPLE
RESIDENCE DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 2 OF SUBSECTION (B)
ACCESSORY USES, OF SECTION 2A-17,
REGULATIONS, OF PART IX, "R-3" MULTIPLE
RESIDENCE DISTRICT; AND
REPEALING SUBSECTION 2 OF SUBSECTION (B)
ACCESSORY USES, OF SECTION 2A-20,
REGULATIONS, OF PART X, "R-4" MULTIPLE
RESIDENCE DISTRICT; AND
REPEALING SECTION 2A-26, PERMITTED SIGNS, OF
PART XII, "C-1" COMMERCIAL DISTRICT; AND
Ordinance No. 4724
Page 2
REPEALING SUBSECTIONS (A) PRINCIPAL
PERMITTED USES AND (B) ACCESSORY USES, OF
SECTION 2A-27, REGULATIONS, OF PART XIII,
"C-2" COMMERCIAL DISTRICT; AND ENACTING IN
LIEU THEREOF NEW SUBSECTIONS (A) PRINCIPAL
PERMITTED USES AND (B) ACCESSORY USES, OF
SECTION 2A-27, REGULATIONS, OF PART XIII,
"C-2" COMMERCIAL DISTRICT; AND
REPEALING SECTION 2A-29A, SIGNS IN "C-2"
COMMERCIAL DISTRICT OF PART XIII, "C-2"
COMMERCIAL DISTRICT; AND
REPEALING SUBSECTION 2 OF SUBSECTION (B)
ACCESSORY USES OF SECTION 2A-30,
REGULATIONS, OF PART XIV, "C-3" COMMERCIAL
DISTRICT; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION 2 OF SUBSECTION (B) ACCESSORY
USES OF SECTION 2A-30, REGULATIONS, OF PART
XIV, "C-3" COMMERCIAL DISTRICT; AND
REPEALING SECTION 2A-32, SIGNS IN "C-3"
COMMERCIAL DISTRICT OF PART XIV, "C-3"
COMMERCIAL DISTRICT; AND
REPEALING PART XXIII, SPECIAL PROVISIONS;
AND ENACTING IN LIEU THEREOF A NEW PART
XXIII , OUTDOOR ADVERTISING SIGNS AND
BILLBOARDS; AND
CHANGING THE NAME OF PART XXIV FROM
EXCEPTIONS AND MODIFICATIONS TO SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS;
AND
ADDING SUBSECTION (P) BUFFERS 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,
IOWA, that :
That Subsections (109) Sign, Exterior, (110) Sign, Free
Standing or Post, (111) Sign, On-Site, and (112) Sign, Off-Site,
of Section 2A-3 , Definitions, of Part III, Definitions, of
Zoning Ordinance No. 2479, as amended, are hereby repealed in
their entirety; that Subsection (109) Sign of Section 2A-3 ,
Definitions, of Part III, Definitions, of Zoning Ordinance No.
2479, as amended, is hereby enacted in lieu thereof as follows :
(109) Sign Any structure or device designed or intended to
convey information to the public in written or pictorial
form for the purpose of bringing the subject thereof to the
attention of the public. Flags displayed from flagpoles or
staffs will not be considered to be signs . See Off-Premise
Advertising Signs and Billboards Section 2A-47 .
Ordinance No. 4724
Page 3
That Subsections 1 and 2 of Subsection (B) Accessory Uses,
of Section 2A-8, Regulations, of Part VI, "A-i" Agricultural
District, of Zoning Ordinance No. 2479, as amended, are hereby
repealed in their entirety; that a new Subsection 1 of
Subsection (B) Accessory Uses, of Section 2A-8, Regulations, of
Part VI, "A-1" Agricultural District, of Zoning Ordinance No.
2479, as amended, is hereby enacted in lieu thereof as follows :
B. Accessory Uses
1 . Accessory uses and structures customarily
incidental to any of the above uses .
That Subsections 1 and 3 of Subsection (B) Accessory Uses,
of Section 2A-10b, Regulations, of Part VIa, "R-R" Rural
Residence District, of Zoning Ordinance No. 2479, as amended,
are hereby repealed in their entirety; that a new Subsection 1
of Subsection (B) Accessory Uses, of Section 2A-10b,
Regulations, of Part VIa, "R-R" Rural Residence District, of
Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu
thereof :
B. Accessory Uses
1 . Accessory uses and structures customarily
incidental to any of the above uses .
That Subsections 1 and 3 of Subsection (B) Accessory Uses,
of Section 2A-ii, Regulations, of Part VII , "R-1" Residence
District, of Zoning Ordinance No. 2479, as amended, are hereby
repealed in their entirety; that a new Subsection 1 of
Subsection (B) Accessory Uses, of Section 2A-11, Regulations, of
Part VII , "R-1" Residence District, of Zoning Ordinance No.
2479, as amended, is hereby enacted in lieu thereof as follows :
B. Accessory Uses
1 . Accessory uses and structures customarily
incidental to any of the above uses .
That Subsection 2 of Subsection (B) Accessory Uses, of
Section 2A-17, Regulations, of Part IX, "R-3" Multiple Residence
District, of Zoning Ordinance No. 2479, as amended, is hereby
repealed in its entirety; that a new Subsection 2 of Subsection
(B) Accessory Uses, of Section 2A-17, Regulations, of Part IX,
"R-3" Multiple Residence District, of Zoning Ordinance No. 2479,
as amended, is hereby enacted in lieu thereof as follows :
B. Accessory Uses
2 . Other accessory uses and structures, not otherwise
prohibited, customarily accessory and incidental
to any permitted principal use .
That Subsection 2 of Subsection (B) Accessory Uses, of
Section 2A-20, Regulations, of Part X, "R-4" Multiple Residence
District, of Zoning Ordinance No. 2479, as amended, is hereby
repealed in its entirety.
Ordinance No. 4724
Page 4
That Section 2A-26, Permitted Signs, of Part XII , "C-1"
Commercial District, of Zoning Ordinance No. 2479, as amended,
is hereby repealed in its entirety.
That Subsections (A) Principal Permitted Uses and (B)
Accessory Uses, of Section 2A-27, Regulations, of Part XIII, "C-
2" Commercial District, of Zoning Ordinance No. 2479, as
amended, are hereby repealed in their entirety; that new
Subsections (A) Principal Permitted Uses and (B) Accessory Uses,
of Section 2A-27, Regulations, of Part XIII, "C-2" Commercial
District, of Zoning Ordinance No. 2479, as amended, are hereby
enacted in lieu thereof as follows :
A. Principal Permitted Uses :
Any use permitted in the "C-1" Commercial District .
Adult uses as defined in the definitions section,
provided that such uses meet the following separation
requirements :
1 . At least 600 feet from any other adult use
measured in a straight line from the closest
points of the property lines in which the adult
uses are located.
2 . At least 600 feet from any residentially zoned
property measured in a straight line from the
closest point of the property line in which the
adult use is located to the closest residentially
zoned property line.
3 . At least 600 feet from any protected use as
defined herein which distance shall be measured
in a straight line from the closest point of the
property line which the adult use is located to
the closest point of the property line in which
is located an aforementioned protected use. If a
protected use is a legal non-conforming use, this
provision shall not apply. [Ordinance 3642,
5/1/89]
Animal Hospital, Veterinary Clinic or Kennel , providing an
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.
Automobile, Motorcycle, Trailer and Farm Implement
establishments for display, hire and sales (including sales
lots) , including as incidental to these major uses all
repair work in connection with their own and customers'
vehicles, but not including uses in which the major source
of revenue is from body and fender work. In addition, this
paragraph shall not be construed to include automobile,
tractor, or machinery salvage and used parts yards.
Ballrooms and Dance Halls
Billiard Parlors and Pool Halls
Ordinance No. 4724
Page 5
Bowling Alleys
Carpenter and Cabinet Shop
Clothes Dry Cleaning and/or dyeing establishments using
flammable cleaning fluids with a flash point higher than
one hundred (100) degrees Fahrenheit .
Commercial Baseball Fields, Swimming Pools, Skating, Golf
Driving Ranges or similar open air recreational uses and
facilities
Commercial Campgrounds
Commercial or Hobby Kennel
Delicatessen
Drive-In Eating and Drinking Establishments; Summer
Gardens, and Road Houses, including entertainment and
dancing, provided the principal building is distant at
least one hundred (100) feet from any "R" District .
Hotels
Laundries
Lawn Mower Repair Shop
Lumber Yards, retail, but not including any manufacturing
or fabricating for wholesaling operations
Monument Sales Yard
Off-premise advertising in accordance with section 2A-47
Motels and Auto Courts
Pet Shop, including Aquariums
Plumbing and Heating Shop
Printing Shops, not to include more than two (2) 12"x 18"
inch job presses
Restaurant : Fast Food Type and Standard Type
Sheet Metal Shop
Sign Painting Shop
Taverns
Trailer Parks
Used Auto Sales Lots
B. Accessory Uses
1 . Accessory uses permitted in the "C-i" District .
2 . Accessory uses and structures customarily
incidental to any permitted principal uses .
That Section 2A-29A, Signs in "C-2" Commercial District of
Part XIII , "C-2" Commercial District, of Zoning Ordinance No.
2479, as amended, is hereby repealed in its entirety.
That Subsection 2 of Subsection (B) Accessory Uses of
Section 2A-30, Regulations, of Part XIV, "C-3" Commercial
District, of Zoning Ordinance No. 2479, as amended, is hereby
repealed in its entirety; that a new Subsection 2 of Subsection
(B) Accessory Uses of Section 2A-30, Regulations, of Part XIV,
•
Ordinance No. 4724
Page 6
"C-3" Commercial District, of Zoning Ordinance No. 2479, as
amended, is hereby enacted in lieu thereof as follows :
B. Accessory Uses
2 . Accessory uses and structures customarily
incidental to any permitted principal uses .
That Section 2A-32 , Signs in "C-3" Commercial District of
Part XIV, "C-3" Commercial District, of Zoning Ordinance No.
2479, as amended, is hereby repealed in its entirety.
That Part XXIII , Special Provisions, of Zoning Ordinance
No. 2479, as amended, is hereby repealed in its entirety; that a
new Part XXIII, Outdoor Advertising Signs and Billboards, of
Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu
thereof as follows :
PART XXIII . OUTDOOR ADVERTISING SIGNS AND BILLBOARDS
2A-47 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS
A. General Intent : Signs are one of the most prominent
visual elements of a street . If well designed, they
add interest and variety to 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 surrounding land uses
and preserve property 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, erected 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 tourism which is declared to
be of importance to the economy of the City, protect
pedestrians and motorists from damage or injury caused
by improperly situated signs, promote the public
safety, welfare, convenience and enjoyment of travel
and the free flow of traffic within the City of
Waterloo.
•
Ordinance No. 4724
Page 7
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 actual motion or
the illusion of motion.
3 . Awning: An architectural projection or shelter
projecting from and supported by the exterior
wall of a building and composed of a covering of
rigid or nonridgid materials and/or fabric on a
supporting framework that may be either permanent
or retractable, 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 within 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
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 advertise a
business or attraction which is not carried on or
manufactured in or upon the premises upon which
said signs or billboards are located.
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 supported by
cantilevers from the building or extends from the
building and is supported by columns at
additional points .
11 . Changeable sign: A sign with the capability of
content change by means of manual or remote
input .
Ordinance No. 4724
Page 8
12 . Combination sign: A sign that is supported partly
by a pole and partly by a building structure .
13 . Copy: Those letters, numerals, figures, symbols,
logos and graphic elements comprising the content
or message of a sign, excluding numerals
identifying a street address only.
14 . Development Complex Sign: A freestanding 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 designed and
erected for the purpose of providing direction
and/ or orientation for pedestrian or vehicular
traffic .
16 . Double-Faced sign: A sign with two faces, back
to back.
17 . Electric Sign: A sign activated or illuminated
by means of electrical energy.
18 . Electronic Message Sign or Center: An
electrically activated changeable sign whose
variable message capability can be electronically
programmed.
19 . Exterior Sign: Any sign placed outside a
building.
20 . Flashing Sign: See "Animated Sign electronically
activated"
21 . Illuminated Sign: A sign characterized by the
use of artificial light, either projecting
through its surface (s) (internally 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 that typically exceed that of a pole
sign. The base or posts (s) , if used, shall be at
least % 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 twenty (20) feet from the
intersection of the lot lines of the corner of
the lot located at the intersection.
Ordinance No. 4724
Page 9
23 . Multiple-faced Sign: A sign containing 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, accommodations, services, or
activities on the premises .
25 . Off-Premise Sign: A sign other than an on-premise
sign. Bus benches are signs, but are regulated
by Section 7-2B-3 of the City of Waterloo Code of
Ordinance
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 intended to
advance a political statement, cause or candidate
for office.
28 . Portable Sign: Any sign not permanently 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) .
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 designed or
intended to convey information to the public in
written or pictorial form for the purpose of
bringing the subject thereof to the attention of
the public . Flags displayed from flagpoles or
staffs will not be considered to be signs .
35 . Temporary Sign: A sign intended to display
either commercial or noncommercial messages of a
transitory or temporary nature . Portable signs
or any sign not permanently embedded in the
ground, or not permanently affixed to a building
or sign structure that is permanently embedded in
the ground, are considered temporary signs .
•
Ordinance No. 4724
Page 10
36 . Wall Sign: A sign that is in any manner 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 . No sign shall be located, erected, or
maintained except in compliance with these
regulations . All signs shall be considered as
accessory uses to a principal permitted use. All
signs may be erected up to the property line, unless
otherwise specified in this ordinance . Such signs
shall obtain a building permit and zoning approval
prior to construction.
1 . Exemptions : The regulations contained in this
Section shall not apply to:
a. Traffic control signs or devices; and
b. Signs located within buildings excluding
Home Occupations .
2 . Prohibited Signs :
a. Non-exempt signs in street rights-of-way
excluding approved signs in the "C-3"
District; and;
b. Signs which resemble traffic control signs
or devices .
3 . Off-Premise Advertising Signs and Billboards :
Off-Premise Advertising is a traditional and
legitimate advertising medium involving the lawful
use of private property.
Off-Premise Advertising should be regulated to
provide for safe structures to be properly located
so as to meet uniform standards for construction
and maintenance and to be maintained to conform to
a neat and pleasant community appearance .
In all districts where permitted (C-2 , C-3 , M-1,
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 characteristics
including, but not limited to, setbacks,
surrounding land uses and structures, spaciousness
and visibility. Such a request over the 300 square
I
Ordinance No. 4724
Page 11
foot limit must follow the procedure by applying
for a special permit from the Board of Adjustment .
In no case shall the Board of Adjustment grant a
special permit that exceeds 672 sq. ft . , and an
embellishment, trim and skirting 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 structures shall be a
monopole steel design, with the paint and sign
material maintained in a new condition. All
billboard 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 . Billboard structures
shall not be permitted within 1000 feet of another
billboard structure measured in either direction
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 permitted closer than
200 feet from a residential 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
Historic 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) points each located 100 feet
from the intersection of the lot lines of the
corner of the lot located at the intersection.
4 . All Districts :
a. Home Occupations shall be allowed one (1)
nameplate displaying the name of occupant or
occupation 1 foot by 1 foot in size, non-
illuminated, attached flat to the main
structure or visible through a window.
b. Directional Signs shall be allowed as
necessary to facilitate the orderly flow of
traffic with a maximum area of six (6)
square feet each. A logo is permitted on
the directional signs, but shall not exceed
10% of the total sign area. These signs are
for directional, not advertising purposes .
The square footage of directional signs
Ordinance No. 4724
Page 12
shall not be included in the calculation of
the allowable square footage of other
signage.
c . Abandoned Signs - When a business ceases
operation the on-premise signage shall be
removed by the owner according to the
following schedule :
Sign and/or sign cabinet—within 30 days
Supporting structure—within 180 days
When off-premise advertising is bare or in
disrepair for a period of 90 days it shall
be removed. If it is bare or in disrepair
for a period of 180 days the structure shall
be removed.
d. Maintenance - All signs together with all of
their supports, braces, guys, and anchors,
shall be kept in repair and in proper state
of preservation and working order. The
display surfaces of all signs shall be kept
painted or posted at all times .
The Building official may order the removal
of any sign that is not maintained in
accordance with this Section after sixty
(60) days from receipt of notice by owner of
said sign.
e . Non-Conforming Signs - If a sign is enlarged
or relocated, it must comply with the code .
If it is repaired or changed in any other
way and the costs to do this exceed 35% of
replacing the sign, it must be replaced and
all code requirements must be followed.
Historic signs or signs with historical
significance in the "C-3" District as
determined by the Main Street Waterloo
Design Review Board may be allowed to
continue after review and recommendation of
the Main Street Waterloo Design Review Board
to the Board of Adjustment .
5 . "A-1" Agricultural District :
a. Bulletin boards and signs pertaining to the
lease, hire, or sale of a building or
premises, or signs appertaining to any
material that is mined, grown or treated
within the district, provided such signs
shall be located upon or immediately
adjacent to the building or in the area in
which such materials are treated, processed
or stored.
6 . "R-R" , "R-1" and "R-2" Residential Districts
Ordinance No. 4724
Page 13
a. One bulletin board or sign not exceeding 50
square feet in area appertaining to
construction, lease, hire or sale of
building or premises and sale of land or
lots, which board or sign shall be removed
as soon as premises are leased, hired, sold
or construction completed.
b. Signs for any use listed as a special permit
provided that the sign regulations for the
"R-3" and "R-4" Residential Districts are
met .
c . Day cares are allowed in the district but no
signs pertaining to day cares are allowed.
7 . "R-3" and "R-4" Residential Districts
a. Signs permitted in the "R-1" and "R-2"
Residential Districts .
b. Wall signs on no more than two walls or
monument signs not exceeding twelve (12)
feet in height with total area of all
signage not to exceed 1 square foot for each
5' of street frontage when accessory and
customarily incidental to a principle
permitted use on the property excluding one
and two-family residences . Signs in the "R-
3" and "R-4" Residential Districts shall not
be self-illuminated unless constructed with
an opaque background and translucent
lettering, and shall not contain moving or
flashing parts . Wall signs shall be mounted
flat against the building. Monument signs
shall not extend over any street or property
line.
8 . "C-1" Commercial District
a. Signs permitted in the "R-3" and "R-4"
Residential Districts .
b. Any exterior wall sign shall pertain only to
a use conducted within the building and be
integral or attached thereto. No sign may
project over any street or property line or
extend more than six (6) feet over any
setback line whether fixed to the building
or any other structure . In no case shall
any wall sign project more than four (4)
feet above the roofline and the total area
of all wall signs shall not exceed two (2)
square feet in area for every linear foot of
wall displaying such sign. Where the lot
adjoins a residential use, the exterior sign
shall be attached flat against the building
and shall not face the side of the abutting
•
Ordinance No. 4724
Page 14
residential use . However this does not
apply to the side of the building which is
opposite that side adjoining the residential
use .
c . One freestanding post, pole, or monument
sign, provided, however, that said
freestanding sign shall not exceed forty-
five (45) feet in height and shall not have
a surface area of greater than eighty (80)
square feet on any one side thereof and not
more than two (2) sides shall be used for
advertising purposes . For post or pole
signs, the bottom of said sign or surface
area thereof shall not be less than ten (10)
feet above the sidewalk or above the surface
of the ground upon which it is erected.
Said freestanding sign shall not extend over
street right-of-way or property lines nor
otherwise obstruct or impair the safety of
pedestrians or motorists .
9 . "C-2" Commercial District
a. The use of exterior banner, portable and or
temporary type signage shall be allowed on a
temporary basis not to exceed 60 cumulative
days within one calendar year. A calendar
year shall be defined as being from January
1 - December 31 .
b. One (1) freestanding post, pole, or monument
sign shall be allowed per property as long
as the following conditions can be met :
i . Shall not extend over street right-of-
way or property lines nor otherwise
obstruct or impair the safety of
pedestrians or motorists .
ii . For post or pole signs, the bottom of
said sign or surface area thereof shall
not be less than ten (10) feet above
the sidewalk or above the surface of
the ground upon which it is erected.
Maximum height of any freestanding sign
shall not exceed forty-eight (48) feet .
iii . Shall not exceed two (2) square feet
for every one (1) linear foot of street
frontage .
iv. Maximum total square feet of
freestanding signage shall be three
hundred (300) square feet on any one
side. More than two (2) sides may have
advertising, however total area of
signage on all sides shall not exceed
Ordinance No. 4724
Page 15
six hundred (600) square feet . For "C-
2" and less restrictive Districts in
which the contiguous area is more than
ten (10) acres in area and are more
than four hundred (400) feet from a "R"
District the maximum total square feet
of freestanding signage shall be five
hundred (500) feet, one thousand
(1, 000) feet on all sides .
v. Additional post, pole, or monument
sign(s) may be allowed as long as they
are no closer than one hundred fifty
(150) feet from any other post, pole,
or monument sign on the same site and
the maximum square footage per site is
not exceeded.
c . Wall signs shall not exceed 15% of the wall
area; in no case shall the wall signs exceed
15% of the first 15 vertical feet of the
wall area. The length of the wall sign
shall not exceed 2/3 of the building wall
length. No sign may project over any street
or property line or extend more than six (6)
feet over any setback line whether fixed to
the building or any other structure . No
more than two (2) sides of a building shall
have wall signs . A third side may have wall
signs provided that there is no more than
one (1) freestanding sign on the property.
For the purpose of this part, signs painted
on awnings and signs mounted on mansards
shall be considered as wall signs.
d. Roof signs, provided such sign shall not
project more than sixteen (16) feet above
the roof line. Roof signs shall be counted
toward the total square footage allowed for
the wall that the roof sign faces . If a
roof sign faces a wall without a wall sign
it shall be counted as one of the sides
allowed to have wall signs .
10 . "C-3" Commercial District
a. The use of exterior banner type signage
shall be allowed on a temporary basis not to
exceed 60 cumulative days within one
calendar year. A calendar year shall be
defined as being from January 1 - December
31 .
b. Billboards shall not be allowed in the "C-3"
zoning district . Billboards in existence
within the "C-3" zoning district at the time
of enactment of this section shall be
permitted to remain as permitted uses in the
1
Ordinance No. 4724
Page 16
underlying zoning district . Existing
billboards may be maintained, repaired,
reconstructed, or replaced in the same
location to the same size of sign and height
of pole as the existing billboard. In the
event an existing billboard is removed it
may be replaced within the "C-3" zoning
district by special permit only after review
and recommendation of the Main Street
Waterloo Design Review Board as long as it
does not increase the number of existing
billboards (5) and faces (9) within said
district . In the event this code should
conflict with the "H-C" Highway Overlay
District, the more restrictive code shall
apply.
c . Signs painted directly onto a building are
prohibited. Murals for the purpose of this
code are allowed after review and approval
of the Main Street Waterloo Design Review
Board, although they are not considered to
be signs, but rather are intended to serve
an artistic function rather than an
advertising function.
d. Portable and temporary signs (except banner
signs) are prohibited with no exceptions .
However, sandwich board type signs shall be
allowed for said signs which are taken in
and out at the beginning and end of business
hours, which signs are approved by the Main
Street Design Review Board or other
applicable authority. Said signs may be
placed in the right-of-way, as long as
applicable ADA requirements are met and
reviewed by the Building Official and City
Engineer.
e . Projecting signs are permitted as long as
the following conditions can be met :
i . Shall not project over public property
beyond five (5) feet or more than one
half the distance to the curb,
whichever is less, and they may not
project into a public alley or public
parking lot . A sign may not project
over the roadway. Projecting signs
must be a minimum of eight (8) feet
above the ground and must be no larger
in size than 1 square foot for each
linear foot of the side of the building
to which the sign is attached not to
exceed 40 square feet per face up to a
maximum of 80 square feet in size on
all sides (see attached Exhibit 'B' ) .
Ordinance No. 4724
Page 17
ii . Corner projecting signs are those that
are visible from two (2) or more
intersecting streets and shall be
allowed as regulated above. The use of
corner projecting signs shall preclude
the use of any other projecting sign
(see attached Exhibit 'C' ) .
iii . Internally lighted sign cabinets with
translucent faces may be allowed by
special permit only after review and
recommendation of the Main Street
Design Review Board or other applicable
authority. Projecting signs
constructed with noncombustible
brackets and support material shall be
allowed to utilize wood for the sign
faces as long as there is a physical
separation between said sign material
and the structure or building upon
which it is attached.
iv. Canopy/awnings - shall be considered to
be part of the structure and are
allowed to be internally illuminated.
Lettering, logos or other visible
advertising shall be considered signage
and the rectangular area surrounding it
shall be calculated and included in the
percentage of allowable square footage
for all signage for the building.
f . One (1) freestanding post, pole, or monument
sign shall be allowed per property as long
as the following conditions can be met :
i . Pole and sign are located entirely on
private property.
ii . Maximum height of sign shall be
eighteen (18) feet as measured from
grade to top of sign.
iii . Maximum total square feet of signage
shall be eighty (80) with no side being
greater than forty (40) square feet .
iv. Additional freestanding sign (s) may be
allowed to be located at least 150 feet
from another pole sign on the same
property under common ownership in the
same block.
v. The use of backlit plastic faces with
opaque background areas and translucent
lettering is permitted.
Ordinance No. 4724
Page 18
vi . Aluminum faces with routed individual
letters backed up with Plexiglas are
permitted. Additional decorative
elements (i .e. corner scrolls, accent
lines etc . ) are allowed and may be
lighted. The total area of all non-
lighted and lighted copy and logos may
not exceed 60% of face area.
g. Roof Signs - Roof signs shall be allowed on
multi-story (five or more stories) buildings
as long as they identify only the building.
No roof sign shall project more than 16 feet
above the roof line. Further regulations
contained herein are applicable.
h. Wall/Window Signs - External illumination
must be provided by a continuous light
source that is installed to prevent direct
light from shining onto the street or
adjacent properties . Flashing or moving
lights are not permitted. The light source
may be incandescent or fluorescent but
should emit white light . Spot, track,
overhang or wall lamps are all acceptable
light sources . Avoid high intensity light
sources as they often produce excessive
glare. Internally lighted sign cabinets
with translucent faces may be allowed by
special permit only after review and
recommendation of the Main Street Waterloo
Design Review Board. Individually formed
letters of aluminum or non-transparent
material with translucent faces affixed to a
building shall be allowed. (The code does
recognize that well designed neon signs can
be attractive and compatible with certain
storefronts) . Wall signs shall not exceed
1 . 5 square feet in area for each 1 foot of
building frontage. The length of all wall
signs shall not exceed 2/3 of the building
wall length. Further regulations contained
herein are applicable . (see attached Exhibit
'A' )
Ordinance No. 4724
Page 19
EXHIBIT 'A'
Width
Sign
2
5
E
ED
Building Width 4.
WALL SIGNS
Wall signs shall not exceed 1 . 5 square feet in area
for each 1 foot of building frontage. The length of
all wall signs shall not exceed 2/3 of the building
wall length.
EXHIBIT 'B'
Sign
11, Width
1l2 Curb Distance or
5 Maximum E
E
2
co
Curb Distance
PROJECTING SIGNS
Width x Height must be less than or equal to the
lineal feet of the side of the building to which the
sign is attached to not to exceed 40 square feet per
face up to a maximum of 80 square feet in size.
Ordinance No. 4724
Page 20
EXHIBIT 'C'
5'Max.
\ 135• •�.
CORNER PROJECTING SIGNS
Width x Height must be less than or equal to the
lineal feet of the sides of the building to which the
sign is attached to not to exceed 40 square feet per
face up to a maximum of 80 square feet in size.
11 . "S-1" Shopping District
a. Signs permitted in the "C-2" Commercial
District and as limited by Part XI "S-
1" District Regulations, provided,
however, the Council may consider any
additional restrictions proposed by the
owner. The requirements of the "C-2"
District shall be considered minimum
for the "S-1" District; however, it is
expected that these minimums will be
exceeded in all but exceptional
situations . Due to the high density of
commercial development in this area,
multiple post, pole, or monument signs
on a property shall be considered a
major change .
12 . "M-1" Light Industrial District
a. Signs permitted in "C-2" Commercial
District .
13 . "M-2" Heavy Industrial District
a. Signs permitted in "C-2" Commercial
District .
14 . "M-2 , P" Planned Industrial District
a. Signs permitted in "C-2" Commercial
District, except that post or pole type
signs shall be prohibited.
15 . "R-P" Planned Residential Districts
a. In "R-P" Districts, those areas
designated on the approved site plan as
residential shall be permitted signs as
permitted in the "R-3" and "R-4"
1
Ordinance No. 4724
Page 21
Residential Districts . Those areas
designated on the approved site plan as
commercial shall be permitted signs as
permitted in the "C-1" Commercial
Districts .
16 . "C-P" Planned Commercial District
a. In "C-P" Districts, those areas
designated on the approved site plan as
residential shall be permitted signs as
permitted in the "R-3" and "R-4"
Residential Districts . Those areas
designated on the approved site plan as
commercial shall be permitted signs as
permitted in the "C-1" Commercial
Districts .
17 . "B-P" Business Park District
a. Signs permitted in the "C-2"
Commercial .
That the name of Part XXIV of Zoning Ordinance No. 2479, as
amended, be changed from "Exceptions and Modifications" to
"Special Provisions, Exceptions and Modifications. "
That Subsection (P) Buffers Required be added to Section
2A-48, Exceptions and Modifications, of Part XXIV, Special
Provisions, Exceptions and Modifications of Zoning Ordinance No.
2479, as amended, as follows :
P. Buffers Required
It shall be recognized that the transition from one
district to another district of contrasting and conflicting uses
is across a barrier and line in theory. Therefore, it shall be
the intent of this article to require the actual provision of
physical barrier so as to reduce any possible harmful or
detrimental influence one district may or may not have to an
abutting or contrasting or conflicting use .
The following conditions shall require a buffer between
abutting districts :
1) All "C" Districts which abut any "R-1" or "R-2 "
District shall be buffered as required in this
article.
2) All "M" Districts which abut any "C-1" or any "R"
District shall be buffered as required in this
article .
Buffers required under the provisions of this article or
elsewhere in this ordinance shall be accomplished by any
one or approved combination of the following methods :
1) Buffer Wall . Such wall shall not be less than six (6)
feet in height, constructed of a permanent, low
maintenance material such as concrete block, cinder
Ordinance No. 4724
Page 22
block, brick, concrete, precast concrete, title block,
etc . The wall shall be designed for both structural
adequacy and aesthetic quality. The use of weather
resistant wood, metal or manufacturing substitutes may
be used as an accessory material for aesthetic
quality.
2) Buffer Park. Such park shall not be less than forty
(40) feet in width, designed and landscaped in an
aesthetic manner.
Predominant planting shall be of evergreen type trees,
shrubs and plants so as to assure year-round effectiveness;
density and height of planting shall be adequate to serve
as a solid screen.
The burden or provision and selection of the buffers shall
be as follows :
1) Where two (2) different districts requiring a buffer
between them are both in existing improved condition,
the above requirement is not retroactive and should a
buffer be desired it shall be by mutual agreement
between property owners or as otherwise provided by
law. However, in the event that any or all of the
improved property is abandoned, destroyed, demolished,
etc. for the purpose of renewal , redevelopment, etc . ,
that portion of such property being renewed,
redeveloped, etc . shall be considered vacant land
subject to the requirements herein.
2) Where one of the two (2) different districts requiring
a buffer between them is partially developed, the
developer of the vacant land shall assume the burden.
3) Where both districts requiring a buffer between them
are vacant or undeveloped except for agricultural use,
the burden shall be assumed by the developer as the
land is improved or developed.
Where the line between two (2) districts requiring a buffer
follows a street right-of-way, railroad, stream, or other
similar barrier, the requirement for a buffer may be waived,
provided such waiver does not permit the exposure of undesirable
characteristics to public view.
INTRODUCED: September 20, 2004
PASSED 1st CONSIDERATION: September 20, 2004
PASSED 2nd CONSIDERATION: September 20, 2004
PASSED 3rd CONSIDERATION: September 20, 2004
Ordinance No. 4724
Page 23
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 20th day of September, 2004, and approved
by the Mayor on the 22nd day of September, 2004 .
Tim Hurley, Ma r
ATTEST:
-'/Nk„
1, Cli2Ait-
Nancy cker 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. 4724 , as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 20th day of September, 2004 .
Witness my hand and seal of office this 22nd day of
September, 2004 .
5/( AL
SEAT-1 Nancy cke , CMC
City Clerk