HomeMy WebLinkAbout4735 - 10/18/2004 INDE BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 05 22302
PROOF/ ILED FOR RECORD MAR 30 2005 ,,e0. 1:00 P. M. FEE 1-25.00/ — 1.00/
COMPL
CiL;J,W1j4040
BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4735
AN ORDINANCE AMENDING ZONING ORDINANCE NO.
2479, AS AMENDED, BY:
ADDING SUBSECTION (61a) GAMING FACILITY TO
SECTION 2A-3 , DEFINITIONS, OF PART III,
DEFINITIONS; AND
REPEALING SUBSECTION (114) SPECIAL PERMIT OF
SECTION 2A-3 , DEFINITIONS, OF PART III,
DEFINITIONS; AND ENACTING IN LIEU THEREOF A
NEW SUBSECTION (114) SPECIAL PERMIT OF
SECTION 2A-3 , DEFINITIONS, OF PART III,
DEFINITIONS; AND
REPEALING SUBSECTION B, USES PERMITTED, OF
SECTION 2A-29B, GENERAL REGULATIONS, OF PART
XIII (A) , "C-P" PLANNED COMMERCIAL DISTRICT;
AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION B, USES PERMITTED, OF SECTION 2A-
29B, GENERAL REGULATIONS, OF PART XIII (A) ,
"C-P" PLANNED COMMERCIAL DISTRICT; AND
REPEALING SUBSECTION A, PRINCIPAL PERMITTED
USES, OF SECTION 2A-37, REGULATIONS, OF PART
XVI, "M-2" HEAVY INDUSTRIAL DISTRICT; AND
ENACTING IN LIEU THEREOF A NEW SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 2A-37,
REGULATIONS, OF PART XVI, "M-2" HEAVY
INDUSTRIAL DISTRICT; AND
REPEALING SUBSECTION A, PRINCIPAL PERMITTED
USES, OF SECTION 2A-39, REGULATIONS, OF PART
XVII, "M-2 , P" PLANNED INDUSTRIAL DISTRICT;
AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION A, PRINCIPAL PERMITTED USES, OF
SECTION 2A-39, REGULATIONS, OF PART XVII ,
"M-2 , P" PLANNED INDUSTRIAL DISTRICT; AND
ADDING SUBSECTION 10 TO SUBSECTION H,
SPECIAL PERMIT REQUIRED, OF SECTION 2A-48,
EXCEPTIONS AND MODIFICATIONS, OF PART XXIV,
EXCEPTIONS AND MODIFICATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows :
That Subsection (61a) Gaming Facility is hereby added to
Section 2A-3 , Definitions, of Part III, Definitions, of Zoning
Ordinance No. 2479, as amended, as follows :
(61a) Gaming Facility: A facility for the use of gaming,
pari-mutuel gaming, gambling, and/or the entertainment
through use of games, including but not limited to, poker,
Ordinance No. 4735
Page 2
roulette, slot machines, blackjack, and other games of
chance, etc . This definition shall include those gaming
facilities both licensed by the State of Iowa Racing &
Gaming Commission and other gaming facilities which may not
be licensed by the State of Iowa Racing & Gaming
Commission.
That Subsection (114) Special Permit 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 (114) Special Permit of Section 2A-3 , Definitions, of
Part III, Definitions, of Zoning Ordinance No. 2479, as amended,
is hereby enacted in lieu thereof as follows :
(114) Special Permit : A use allowed in any district, where
permitted by this Ordinance, after a public hearing by the
Board of Adjustment and recommendation of the Planning,
Programming and Zoning Commission that meets the necessary
conditions and safeguards for its operation.
That Subsection B, Uses Permitted, of Section 2A-29B,
General Regulations, of Part XIII (A) , "C-P" Planning Commercial
District, of Zoning Ordinance No. 2479, as amended, is hereby
repealed in its entirety; that a new Subsection B, Uses
Permitted, of Section 2A-29B, General Regulations, of Part
XIII (A) , "C-P" Planning Commercial District, of Zoning Ordinance
No. 2479, as amended, is hereby enacted in lieu thereof as
follows :
B. Uses Permitted
1 . Any uses permitted in the R-4 District .
2 . Any use permitted in the C-1 or C-2 Districts
that is compatibly designed and deemed an
appropriate commercial use to the surrounding
development .
3 . Gaming facilities . The Planning Commission and
City Council shall evaluate the site layout,
traffic, and other ordinance and code provisions .
The impact upon existing infrastructure and
development as well as the overall growth and
development of the community will also be
reviewed.
Compatibly designed commercial uses shall include, but
not be limited to, screening and buffering from
residential uses, shall be oriented for and designed
for efficient traffic flow to major thoroughfares,
shall have limited outside storage of materials, and
lighting, signage, and shall have building design that
complement surrounding development . Each site would be
evaluated on an individual basis for these criteria of
compatibility. If staff feels that such a commercial
use is compatibly designed, it shall approved the
request through staff administrative review. If staff
feels that such a change does not meet these criteria,
Ordinance No. 4735
Page 3
the request would need to go back to the Planning
Commission and City Council for a formal site plan
review process. The Planning Commission and City
Council shall review the request as described in the
Intent of this section.
That Subsection A, Principal Permitted Uses, of Section 2A-
37, Regulations, of Part XVI, "M-2" Heavy Industrial District,
of Zoning Ordinance No. 2479, as amended, is hereby repealed in
its entirety; that a new Subsection A, Principal Permitted Uses,
of Section 2A-37, Regulations, of Part XVI, "M-2" Heavy
Industrial District, of Zoning Ordinance No. 2479, as amended,
is hereby enacted in lieu thereof as follows :
A. Principal Permitted Uses
A building or premises may be used for any purpose
whatsoever except those listed in subparagraph 1, 2 ,
3 , and 4 below:
1 . No occupancy permit shall be issued for any use
in conflict with any ordinance of the City of
Waterloo or law of the State of Iowa regulating
nuisances .
2 . No occupancy permit shall be issued for any
dwelling, school, hospital, clinic, or other
institution for human care, except where
physically attached and a part of another
permitted principal use. The provisions of 2A-
33 (A1) shall apply in regards to dwellings
legally established prior to adoption of this
ordinance.
3 . Gaming facilities, upon approval of a special
permit to evaluate the site layout, traffic, and
other ordinance and code provisions . The impact
upon existing infrastructure and development as
well as the overall growth and development of the
community will also be reviewed.
4 . No occupancy permit shall be issued for any of
the following uses until and unless the location
of such use shall have been authorized by the
City Council after report from the Fire
Department :
a. Slaughter house or stock yards .
b. Manufacturing or wholesale storage of acids.
c . Repealed by Ordinance No. 3104, 10/8/80 .
d. Cement, lime gypsum, or plaster of paris
manufacture .
e . Distillation of bones .
Ordinance No. 4735
Page 4
f . Explosive manufacture or storage .
g. Fat rendering.
h. Fertilizer manufacture.
i . Garbage, refuse or dead animal reduction or
dumping.
j . Gas manufacturing and cylinder recharging.
k. Glue, size or gelatin manufacturing.
1 . Refining or wholesale storage of petroleum
or petroleum products .
m. Manufacturing of rubber goods .
n. Sand or gravel pits .
o. Smelting of tin, copper, zinc, or iron ores .
p. Transmitting stations .
q. Waste paper yard.
r. Wholesale storage of gasoline .
That Subsection A, Principal Permitted Uses, of Section 2A-
39, Regulations, of Part XVII, "M-2, P" Planned Industrial
District, of Zoning Ordinance No. 2479, as amended, is hereby
repealed in its entirety; that a new Subsection A, Principal
Permitted Uses, of Section 2A-39, Regulations, of Part XVII, "M-
2 , P" Planned Industrial District, of Zoning Ordinance No. 2479,
as amended, is hereby enacted in lieu thereof as follows :
A. Principal Permitted Uses
1 . Any use permitted in the "M-2" Heavy Industrial
District .
2 . Gaming facilities . The Planning Commission and
City Council shall evaluate the site layout,
traffic, and other ordinance and code provisions .
The impact upon existing infrastructure and
development as well as the overall growth and
development of the community will also be
reviewed.
That Subsection 10 is hereby added to Subsection H, Special
Permit Required, of Section 2A-48, Exceptions and Modifications,
of Part XXIV, Exceptions and Modifications, of Zoning Ordinance
No. 2479, as amended, as follows :
10 . Gaming facilities, unless located within a
Planned District where listed as a Permitted Use.
Ordinance No. 4735
Page 5
INTRODUCED: October 18, 2004
PASSED 1st CONSIDERATION: October 18, 2004
PASSED 2nd CONSIDERATION: October 18, 2004
PASSED 3rd CONSIDERATION: October 18, 2004
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 18th day of October, 2004, and approved by
the Mayor on the 20th day of October, 2004 .
Tim Hurley, ayor
ATTEST:
Nancy cke�, CMC
City Clerk l�
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. 4735, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 18th day of October, 2004 .
Witness my hand and seal of office this 20th day of October,
2004 .
5 Q
SEAL Nancy Ecke CMC
City Clerk