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Home My WebLink About4554 - 06/03/2002 INDEX VS BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 2003 02570 MOO ILEDFORRECORD JUJ 31 2002 ,AT 2:30 Pm. FEE 1-25.00/ COMPARED "�4 r c : . lied BLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4554 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2479, AS AMENDED, OF THE CITY OF WATERLOO, IOWA: BY REPEALING SUBSECTIONS (64b) GROUP HOME PROVIDING INTERMEDIATE CARE AND (66) HALFWAY HOUSE OF SECTION 2A-3 , DEFINITIONS, OF PART III , DEFINITIONS; AND ENACTING IN LIEU THEREOF NEW SUBSECTIONS (43b) FAMILY HOME AND (66) HALFWAY (REHABILITATION) HOUSE OF SECTION 2A-3 , DEFINITIONS, OF PART III, DEFINITIONS; AND BY ADDING SUBSECTIONS (64c) GROUP HOME (VOLUNTARY SUPERVISED) , (64d) GROUP HOME (VOLUNTARY UNSUPERVISED) , AND (64e) GROUP HOME (INVOLUNTARY SUPERVISED) , (71b) JUVENILE CENTER, (71c) JUVENILE DETENTION CENTER, AND (124b) SUBSTANCE ABUSE FACILITY TO SECTION 2A-3 , DEFINITIONS, OF PART III , DEFINITIONS; AND BY REPEALING GROUP HOMES AND GROUP HOME PROVIDING INTERMEDIATE CARE OF SUBSECTION 2A-11 (A) , PRINCIPAL PERMITTED USES, OF PART VII, "R-1" RESIDENCE DISTRICT; AND ADDING FAMILY HOME TO SUBSECTION 2A-11 (A) , PRINCIPAL PERMITTED USES, OF PART VII , "R-1" RESIDENCE DISTRICT; AND BY ADDING GROUP HOMES (VOLUNTARY SUPERVISED) TO SUBSECTION 2A-17 (A) , PRINCIPAL PERMITTED USES, OF PART IX, "R-3" MULTIPLE RESIDENCE DISTRICT; AND BY ADDING REHABILITATION (HALFWAY) HOUSES, GROUP HOMES (VOLUNTARY UNSUPERVISED) , AND GROUP HOMES (INVOLUNTARY SUPERVISED) TO 2A-20 (A) , PRINCIPAL PERMITTED USES, OF PART X, "R-4" MULTIPLE RESIDENCE DISTRICT; AND BY ADDING REHABILITATION (HALFWAY) HOUSES AND GROUP HOMES TO 2A-24 (A) , PRINCIPAL PERMITTED USES, OF PART XII , "C-1" COMMERCIAL DISTRICT; AND BY ADDING GROUP HOMES AND REHABILITATION (HALFWAY) HOUSES TO SUBSECTION 2A-48 (H) , SPECIAL PERMIT REQUIRED, OF PART XXIV, EXCEPTIONS AND MODIFICATIONS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsections (64b) Group Home Providing Intermediate Care and (66) Halfway House of Section 2A-3 , Definitions, of Part III , Definitions, of Zoning Ordinance No. 2479, as amended, are hereby repealed in their entirety; that Subsections (43b) Family Home and (66) Halfway (Rehabilitation) House of Section 2A-3 , Definitions, of Part III, Definitions, of Zoning Ordinance No. 2479, as amended, are hereby enacted in lieu thereof as follows : (43b) Family Home : A family home providing care for the mentally retarded under Iowa Code Chapter 135C or as a child foster care facility under Iowa Code Chapter 237 to provide room and board, personal care, rehabilitation services, and supervision within a family home for not more than eight (8) mentally retarded individuals . Family Home shall also refer to Ordinance No. 4554 Page 2 homes for other individuals protected by the Fair Housing Amendments Act . (66) Halfway (Rehabilitation) House : An establishment for adolescents convicted as adults or adults who are serving a deferred judgment, are in a pre-trial status, or have been institutionalized or jailed for various reasons and released to a facility that provides shelter, supervision and short-term rehabilitative services; usually not licensed by state or local agency but may be subject to provisions of local building and health codes . Facility usually sponsored by health or welfare agency, or sectarian organization. That Subsections (64c) Group Home (Voluntary Supervised) , (64d) Group Home (Voluntary Unsupervised) , and (64e) Group Home (Involuntary Supervised) , (71b) Juvenile Center, (71c) Juvenile Detention Center, and (124b) Substance Abuse Facility are hereby added to Section 2A-3 , Definitions, of Part III , Definitions, of Zoning Ordinance No. 2479, as amended, as follows : (64c) Group Home (Voluntary Supervised) : A facility that provides living arrangements for more than eight (8) individuals regardless of licensing, or is not licensed under 135C or 237 of the Iowa Code regardless of size . A group home shall also include substance abuse facilities and juvenile centers . This group home shall be supervised 24 hours a day, 7 days a week, and the organization needs to demonstrate funding for such supervisory personnel . (64d) Group Home (Voluntary Unsupervised) : A facility that provides living arrangements for more than eight (8) individuals regardless of licensing, or is not licensed under 135C or 237 of the Iowa Code regardless of size . A group home shall also include substance abuse facilities and juvenile centers . This group home lacks 24-hour supervision. (64e) Group Home (Involuntary Supervised) : A facility that provides living arrangements for more than eight (8) individuals regardless of licensing, or is not licensed under 135C or 237 of the Iowa Code regardless of size . A group home shall also include substance abuse facilities and juvenile centers . This group home shall be supervised 24 hours a day, 7 days a week, and the organization needs to demonstrate funding for such supervisory personnel . For this section, involuntary shall be defined as ' someone in a legal position of authority has sent the individual (s) to the group home ' . (71b) Juvenile Center: See Group Home (Supervised or Unsupervised) (71c) Juvenile Detention Center: See Halfway (Rehabilitation) House (124b) Substance Abuse Facility: See Group Home (Supervised or Unsupervised) That Group Homes and Group Home Providing Intermediate Care are deleted from Subsection 2A-11 (A) , Principal Permitted Uses, Ordinance No. 4554 Page 3 of Part VII , "R-1" Residence District, of Zoning Ordinance No. 2479, as amended; that Family Home is added to Subsection 2A- 11 (A) , Principal Permitted Uses, of Part VII, "R-1" Residence District, of Zoning Ordinance No. 2479, as amended, as follows : A. Principal Permitted Uses : 1 . One and two family dwellings . 2 . Churches and accessory buildings, 3 . Public and parochial schools, ... 4 . Private non-commercial recreational areas and facilities, ... 5 . Farming and truck gardening, 6 . Family Homes . 7 . Recreational vehicles ... That Group Homes (Voluntary Supervised) is added to Subsection 2A-17 (A) , Principal Permitted Uses, of Part IX, "R-3" Multiple Residence District, of Zoning Ordinance No. 2479, as amended, as follows : B. Principal Permitted Uses : 1 . Any use permitted in the "R-2" One and Two Family Residence District . 2 . Multiple, Condominium and Row Dwellings . 3 . Boarding and lodging houses . 4 . Group Homes (Voluntary Supervised) , upon approval of a special permit by the Board of Adjustment after review by the City Planning, Programming, and Zoning Commission. 5 . Institutions of a religious, 6 . Day nurseries, nursing and convalescent homes, 7 . Private clubs, 8 . Mobile home parks . That Rehabilitation (Halfway) Houses, Group Homes (Voluntary Unsupervised) , and Group Homes (Involuntary Supervised) are added to 2A-20 (A) , Principal Permitted Uses, of Part X, "R-4" Multiple Residence District, of Zoning Ordinance No. 2479, as amended, as follows : C. Principal Permitted Uses : 1 . Any use permitted in the "R-3" One and Two Family Residence District . 2 . Funeral Homes & Mortuaries 3 . Rehabilitation (Halfway) Houses, upon approval of a special permit by the Board of Adjustment after review by the City Planning, Programming, and Zoning Commission. The Rehabilitation (Halfway) House shall be at least 600 feet from a one or two family home, and one-thousand (1, 000) feet from a school, adult use, Family Home, Group Home, or another Rehabilitation (Halfway) House . Ordinance No. 4554 Page 4 4 . Group Homes (Voluntary Unsupervised) upon approval of a special permit by the Board of Adjustment after review by the City Planning, Programming, and Zoning Commission. The Group Home shall be at least six-hundred (600) feet from a one or two family home, school, adult use, Family Home, Group Home, or Rehabilitation (Halfway) House . 5 . Group Homes (Involuntary Supervised) upon approval of a special permit by the Board of Adjustment after review by the City Planning, Programming, and Zoning Commission. The Group Home shall be at least six-hundred (600) feet from a one or two family home, school, adult use, Family Home, Group Home, or Rehabilitation (Halfway) House . 6 . Offices such as : Accountants, ... 7 . Tourist Home . That Rehabilitation (Halfway) Houses and Group Homes are added to 2A-24 (A) , Principal Permitted Uses, of Part XII, "C-1" Commercial District, of Zoning Ordinance No. 2479, as amended, as follows : D. Principal Permitted Uses : 1 . Any use permitted in the "R-4" District . 2 . Rehabilitation (Halfway) Houses, upon approval of a special permit by the Board of Adjustment after review by the City Planning, Programming, and Zoning Commission. The Rehabilitation (Halfway) House shall be at least 600 feet from a one or two family home, and one-thousand (1, 000) feet from a school , adult use, Family Home, Group Home, or another Rehabilitation (Halfway) House . 3 . Group Homes . 4 . Any local retail business ... 5 . Business or professional office ... That Group Homes and Rehabilitation (Halfway) Houses are added to Subsection 2A-48 (H) , Special Permit Required, of Part XXIV, Exceptions and Modifications, of Zoning Ordinance No. 2479, as amended, as follows : H. Special Permit Required A special permit for the location of any of the following buildings or uses in any district permitted by this ordinance must be obtained from the Board of Adjustment after public hearing thereon: 1 . Any public building ... 2 . Public and parochial schools . 3 . Hospitals or non-profit fraternal institutions ... 4 . Group Homes (Unless located in a "C-1" or less restrictive district) . 5 . Rehabilitation (Halfway) Houses . 6 . Community building or recreation field. Ordinance No. 4554 Page 5 7 . Public cemetery. (Minimum thirty (30) acres) 8 . Recycling Yards and Junk Yards ... 9 . Waste Disposal Site ... 10 . Mobile Home Parks 11 . Rubble Disposal Site ... 12 . Adult Businesses/Adult Uses INTRODUCED: June 3 , 2002 PASSED 1st CONSIDERATION: June 3 , 2002 PASSED 2nd CONSIDERATION: June 3 , 2002 PASSED 3rd CONSIDERATION: June 3, 2002 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 3rd day of June, 2002 , and approved by the Mayor on the 5th day of June, 2002 . A John R. "..ff, Mayor / ATTEST: far2,0/- Nancy Ecker , 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. 4554 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of June, 2002 . Witness my hand and seal of office this Stn day of June, 2002 . �,, Nancy Ec t, City Clerk