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Home My WebLink About4725 - 09/20/2004 INDEX 5,0 BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 05 11550 " PROOF 1LED FOR RECORD NOV 5 2004 ,AT 4:00 P.m. FEE 1-15.001 - 1.00/ COMPARED r �� aBLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4725 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2479, AS AMENDED, BY: REPEALING SUBSECTION (124) STRUCTURE OF SECTION 2A-3 , DEFINITIONS, OF PART III , DEFINITIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (124) STRUCTURE OF SECTION 2A-3 , DEFINITIONS, OF PART III, DEFINITIONS; AND REPEALING SUBSECTION (E) ACCESSORY BUILDINGS OF SECTION 2A-7, GENERAL REGULATIONS OF PART V, GENERAL REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (E) ACCESSORY STRUCTURES OF PART V, GENERAL REGULATIONS . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (124) Structure of Section 2A-3 , Definitions, of Part III , Definitions, of Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection (124) Structure of Section 2A-3 , Definitions, of Part III , Definitions, of Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows : (124) Structure : Anything constructed or erected, including, but not limited to, buildings, mobile homes, fences, billboards and signs . That Subsection (E) Accessory Buildings of Section 2A-7, General Regulations, of Part V, General Regulations, of Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection (E) Accessory Structures of Section 2A-7, General Regulations, of Part V, General Regulations, of Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows : E. Accessory Structures . No accessory structure shall be erected until after the principal permitted use is erected and shall not be erected in any required court, or front yard. Accessory structures shall be a distance of at least five (5) feet from alley lines; and at least five (5) feet from lot lines of adjoining lots; and at least three (3) feet from the principal permitted use on said lot except that accessory structures in the rear sixty (60) percent of the lot may be erected three (3) feet from any interior lot line, and on corner lots they shall conform to the setback regulations on the side street . Ordinance No. 4725 Page 2 1 . Residential Accessory Structures : Accessory structures, except stables, may be erected as a part of the principal building, or may be connected thereto by a breezeway or similar structure, provided all yard and building code requirements for a principal building are complied with. Accessory structures attached or connected to the principal building shall not exceed the square footage of the principle permitted use (not including decks or unenclosed porches) , however this provision shall not prohibit a five hundred seventy six (576) square foot attached garage provided that all other requirements are met . Accessory structures that are not a part of the main building, shall not exceed fifteen (15) feet in height with a one story principal permitted use, and eighteen (18) feet in height for a two story principal permitted use . In conjunction with any one and two family residence, accessory structures that are not a part of the main building shall not occupy more than thirty (30) percent of the rear yard and shall not cover more than eight hundred fifty (850) square feet . Accessory structures may exceed the eight hundred fifty (850) square feet but shall not occupy more than six (6) percent of the lot on which said structures are located and in no case shall said structures be larger than 1, 800 square feet . Accessory structures (attached or detached) to a residential use shall not be constructed of metal materials for exterior siding, except for horizontal aluminum/steel siding common on many residential structures and except structures that are one hundred twenty (120) square feet or less . Structures that are less than nine (9) square feet shall not be included in the accessory structure limit . Structures that are less than twenty five (25) square feet shall not be included in the accessory structure limit, however no one or two family residence shall have more than two (2) such structures . Freestanding or attached metal-framed carports, or similar structures, shall be prohibited in conjunction to any residential use. 2 . Commercial Accessory Structures : Commercial accessory structures shall be constructed only as accessory to a Principal Permitted Use on the lot, as allowed by the underlying zoning classification. Any such Principal Permitted Use must be in accordance with all applicable buildings codes, zoning, engineering, and other pertinent ordinances to be eligible for the use (i .e. a residentially built home in a "C" or "M" District cannot construct a commercial sized accessory structure, unless the residential building has been properly rehabilitated to meet all commercial building codes, parking requirements, etc . and be currently used for a commercial business) . Nothing in this section shall prohibit the erection of two principal permitted uses on one lot, provided all pertinent codes and ordinances are met . Ordinance No. 4725 Page 3 Commercial accessory structures shall not be limited in height, materials, or size, except as limited by other provisions for commercial sites, such as parking requirements, drainage, landscaping, etc . , by this ordinance. Fences shall be considered accessory structures but shall be regulated by Part V 2A-7 (C) . Signs shall be considered accessory structures but shall be regulated by Part XXIII . Other accessory structures such as flagpoles, swimming pools, swing sets/playground equipment, and other similar structures shall not be regulated by this section. INTRODUCED: September 20, 2004 PASSED 1st CONSIDERATION: September 20, 2004 PASSED 2nd CONSIDERATION: September 20, 2004 PASSED 3rd CONSIDERATION: September 20, 2004 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 . tis.c_ Tim Hurley, or 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. 4725, 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 . raQ-L--+ SEAL Nancy Ecke , CMC City Clerk