HomeMy WebLinkAbout4592-01/06/2003 INDEX BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 0 3 30006
PROOF �F1LED FOR RECORD APR 14 2003 ,AT 4:00 P. M. FEE 1-35.00./
COMPARED4J1 67=.1.0i
BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4592
AN ORDINANCE AMENDING ZONING ORDINANCE NO.
2479, AS AMENDED, OF THE CITY OF WATERLOO,
IOWA:
BY REPEALING SUBSECTION (88) MOTEL OF SECTION
2A-3 , DEFINITIONS, OF PART III, DEFINITIONS;
AND ENACTING IN LIEU THEREOF NEW SUBSECTION
(88) MOTEL OF SECTION 2A-3 , DEFINITIONS, OF
PART III, DEFINITIONS; AND
BY REPEALING SUBSECTION 2A-22 , BULK
REQUIREMENTS OF PART X, "R-4" MULTIPLE
RESIDENCE DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 2A-22 , BULK
REQUIREMENTS OF PART X, "R-4" MULTIPLE
RESIDENCE DISTRICT; AND
BY REPEALING SUBSECTION 2A-25, BULK
REQUIREMENTS OF PART XII , "C-1" COMMERCIAL
DISTRICT; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION 2A-25, BULK REQUIREMENTS OF PART
XII , "C-1" COMMERCIAL DISTRICT; AND
BY REPEALING SUBSECTION 2A-27 (A) , PRINCIPAL
PERMITTED USES, AND SUBSECTION 2A-29, BULK
REQUIREMENTS, OF PART XIII, "C-2" COMMERCIAL
DISTRICT; AND ENACTING IN LIEU THEREOF NEW
SUBSECTIONS 2A-27 (A) , PRINCIPAL PERMITTED
USES, AND 2A-29, BULK REQUIREMENTS OF PART
XIII , "C-2" COMMERCIAL DISTRICT; AND
BY REPEALING SUBSECTION 2A-31, BULK
REQUIREMENTS, OF PART XIV, "C-3" COMMERCIAL
DISTRICT; AND ENACTING IN LIEU THEREOF NEW
SUBSECTION 2A-31, BULK REQUIREMENTS, OF PART
XIV, "C-3" COMMERCIAL DISTRICT; AND
BY REPEALING SUBSECTION 2A-35, BULK
REQUIREMENTS, OF PART XV, "M-1" LIGHT
INDUSTRIAL DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 2A-35, BULK
REQUIREMENTS, OF PART XV, "M-1" LIGHT
INDUSTRIAL DISTRICT; AND
BY REPEALING SUBSECTION 2A-38, BULK
REQUIREMENTS, OF PART XVI, "M-2" HEAVY
INDUSTRIAL DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 2A-38, BULK
REQUIREMENTS, OF PART XVI , "M-2" HEAVY
INDUSTRIAL DISTRICT; AND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA:
Ordinance No. 4592
Page 2
That Subsection (88) Motel of Section 2A-3 , Definitions, of Part
III , Definitions, of the Waterloo Zoning Ordinance, is hereby
repealed in its entirety; that new Subsection (88) Motel of
Section 2A-3 , Definitions, of Part III, Definitions, of the
Waterloo Zoning Ordinance, is hereby enacted in lieu thereof as
follows :
(88) Motel : A building or group of buildings which (a)
contains living or sleeping accommodations and (b) has
individual entrances from outside the building to serve each
living or sleeping unit . Where a motel is permitted as a
principal use, all uses customarily and historically
accessory thereto for the comfort, accommodation and
entertainment of the patron, including the service of
alcoholic beverages shall be permitted.
That Subsection 2A-22 , Bulk Requirements of Part X, "R-4"
Multiple Residence District, of the Zoning Ordinance, is hereby
repealed in its entirety; that a new Subsection 2A-22 , Bulk
Requirements of Part X, "R-4" Multiple Residence District, of the
Zoning Ordinance, is hereby enacted in lieu thereof as follows :
2A-22 BULK REQUIREMENTS.
The following minimum requirements shall be observed subject to
the modified requirements contained in Section 2A-48 .
"R-4" MULTIPLE FAMILY RESIDENCE DISTRICT
SIDE YARD WIDTHS
USE LOT AREA LOT WIDTH LOT AREA FRONT REAR MAXIMUM
PER FAMILY YARD YARD LOT
DEPTHS(') DEPTHS COVERAGE
One Family 6,000 sq.ft. 50 ft. 6,000 sq.ft. 20 ft. 5 ft. 20 ft. 35%
Two Family 7,200 sq.ft. 60 ft. 3,600 sq.ft. 20 ft. 5 ft. 20 ft. 35%
Multi-Family Least Width Minimum
&Other Any One Sum of
Permitted Side Both Side
Uses: Yards
1 &1 1/2 8,000 sq.ft. 65 ft. 2,000 sq.ft.for 20 ft. 5 ft. 10 ft. 35 ft.
stories the first 4 units
2&2'// 8,000 sq.ft. 65 ft. plus 850 sq.ft. 20 ft. 10 ft.(6) 20 ft.(6) 35 ft.
stories per unit on 1st,
3 stories 8,000 sq.ft. 70 ft. 2n",3r"floor 20 ft. 10 ft.(6) 20 ft.(6) 35 ft.
and 450 sq.ft.
per
4 or more 8,000 sq.ft. 80 ft. unit above 3'" See Section 2A-18 for yard
stories requirements.
Motel(2) 100 ft. 1,500 sq.ft. 25 ft. 20 ft.(3) 40 ft.(4) 40 ft.
per unit
Mobile 1 acre 100 ft. 3,000 sq.ft. 25 ft. 20 ft.(3) 40 ft.(2) 40 ft.
Home Park per unit
(2)
(')The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(2)All access drives to motel and trailer units shall be all-weather,dust-free surfacing.
(3)Above yard requirements for motel and trailer parks apply to total area and not individual units.
(4)Side yard requirements for mobile home parks may be reduced to ten (10)feet where such park abuts a less restrictive zoning
district.
(5)No structure or combination of structures shall cover more than thirty-five(35)percent of the total lot area. This includes, but is
not limited to, detached garages, sheds, as well as the principal use. This requirement pertains to single family and two family
homes exclusively.
(6)A building may be constructed closer to the property line than the required setback for the building height if the following
conditions are met:
Ordinance No. 4592
Page 3
That Subsection 2A-25, Bulk Requirements, of Part XII, "C-1"
Commercial District, of the Zoning Ordinance, is hereby repealed
in its entirety; that a new Subsection 2A-25, Bulk Requirements,
of Part XII, "C-1" Commercial District, of the Zoning Ordinance,
is hereby enacted in lieu thereof as follows :
2A-25 . BULK REGULATIONS.
The following minimum requirements shall be observed subject to
the modified requirements contained in Section 2A-48 :
"C-1" COMMERCIAL DISTRICT
USE LOT AREA LOT LOT FRONT LEAST MINIMUM REAR YARD MAXIMUM
WIDTH AREA YARD WIDTH SUM OF DEPTHS LOT
PER DEPTHS(' ON ANY BOTH SIDE COVERAGE
FAMILY ) ONE YARDS
SIDE
Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT
Uses
Motels No No 20 ft. Same as"R-4"
Minimum Minimum District(2)
Other No Minimum No No 20 ft. Same as"R-4"District Same as "R-4" Same as
Permitted Minimum Minimum District(2) "R-4"District
Uses
"The front yard depth of any lot abutting on a"Major Street'shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(2)For every additional foot the front yard depth is increased over twenty(20)feet, the rear yard depth may be decreased in direct
proportion thereto,but in no case shall the rear yard be less than twenty(20)feet.
That Subsections 2A-27 (A) , Principal Permitted Uses, and 2A-29,
Bulk Requirements, of Part XIII, "C-2" Commercial District, of
the Zoning Ordinance, are hereby repealed in their entirety; that
new Subsections 2A-27 (A) , Principal Permitted Uses, and 2A-29,
Bulk Requirements, of Part XIII, "C-2" Commercial District, of
the Zoning Ordinance, are hereby enacted in lieu thereof as
follows :
A. Principal Permitted Uses:
Any use permitted in the "C-i" 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.
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.
Ordinance No. 4592
Page 4
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
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
Outdoor advertising signs in accordance with the provisions of
Section 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
Ordinance No. 4592
Page 5
2A-29 BULK REGULATIONS.
The following minimum requirements shall be observed, subject to
the modified requirements contained in Section 2A-48 :
"C-2" COMMERCIAL DISTRICT
SIDE YARD WIDTHS
USE LOT LOT LOT AREA PER FRONT YARD LEAST MINIMUM REAR MAXIMUM
AREA WIDTH FAMILY DEPTHS0> WIDTH SUM OF YARD HEIGHT
ON ANY BOTH DEPTHS
ONE SIDE
SIDE YARDS
Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT
Uses
Motels 150 feet No site to be 50 ft. 30 ft. 60 ft. 50 ft. No building shall
developed with less exceed 3 stories
than sufficient parking or 48 feet in height
as determined by the except as provided
Zoning Ordinance Section 2A-48
Mobile 100 feet 20 ft.(3) Same as"R-4"District
Home
Parks
Other No No No Minimum 20 ft.except as Same as"R-4"District(4)
Permitted Minimum Minimum provided under(2)
Uses below(including
commercial and
residential setbacks
1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown
on the Official Major Street Plan.
2) Newly Platted or Commercial Areas: Areas which are platted or rezoned after the effective date of this ordinance shall be
required to meet a twenty(20)foot front yard setback. This requirement will pertain to all commercial as well as residential
uses.
a) In any"C-2"Commercial District which was developed or partially developed prior to the effective date of this ordinance,
a twenty(20)foot front yard setback is required except where an existing building or buildings are located closer to the
street than the required twenty(20)foot front yard setback. In these instances the front yard setback requirements will
be the same as the nearest front yard depth(from the street right-of-way to the structure)that was legally established
prior to this ordinance. This setback would apply to all structures on the same side of the street between two(2)
intersecting streets. This includes only buildings addressed and/or having their front yard setback facing the same street.
It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a
side yard setback. These regulations apply to all residential and commercial uses.
3) Where a trailer park has frontage on more than one street,the required front yard depth shall be maintained from all streets.
4) For every additional foot the front yard depth is increased over twenty(20)feet,the rear yard may be decreased in direct
proportion thereto,but in no case shall the rear yard be less than twenty-five(25)feet.
That Subsection 2A-31, Bulk Requirements, of Part XIV, "C-3"
Commercial District, of the Zoning Ordinance, is hereby repealed
in its entirety; that new Subsection 2A-31, Bulk Requirements, of
Part XIV, "C-3" Commercial District, of the Zoning Ordinance, is
hereby enacted in lieu thereof as follows :
2A-31 BULK REGULATIONS.
The following minimum requirements shall be observed, subject
to the modified requirements contained in Section 2A-48
"C-3" COMMERCIAL DISTRICT
SIDE YARD WIDTHS
USE LOT LOT LOT AREA FRONT LEAST WIDTH MINIMUM SUM REAR MAXIMUM
AREA WIDTH PER YARD ON ANY ONE OF BOTH SIDE YARD HEIGHT
FAMILY DEPTHS0> SIDE YARDS DEPTHS
Residential No No No Minimum No Minimum No Minimum No Minimum No **
Uses Minimum Minimum Minimum
Mobile Home 2 acres 100 feet 1,250 sq.ft. SAME AS SPECIFIED IN THE"R-4"RESIDENCE DISTRICT **
Parks
Motels 150 feet No Minimum 50 ft. 30 ft. 60 ft. 150 ft. **
Other Permitted No No No Minimum *** **** ***** No **
Uses Minimum Minimum Minimum
**No building hereafter erected or structurally altered shall exceed a height at the street line of eight (8) stories or one hundred
(100)feet,but above the height permitted at the street line three(3)feet may be added to the height of the building for each one(1)
foot that the building or portion thereof is setback from all sides of the lot. This requirement may be waived upon recommendation
and approval by the City Council,after review by the Planning,Programming,and Zoning Commission.
Ordinance No. 4592
Page 6
***None required unless fronting on the proposed right-of-way of a thoroughfare shown on the Official Street Plan,in which case the
building setback line shall be the proposed right-of-way line.
****None except adjacent to an"R"District in which case not less than fifteen(15)feet.
*****None except abutting an"R"District in which case not less than twenty-five(25)feet.
1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on
the Official Major Street Plan.
That Subsection 2A-35, Bulk Requirements, of Part XV, "M-1" Light
Industrial District" of the Zoning Ordinance is hereby repealed
in its entirety; that a new Subsection 2A-35, Bulk Requirements,
of Part XV, "M-1" Light Industrial District" of the Zoning
Ordinance is hereby enacted in lieu thereof as follows :
2A-35 BULK REGULATIONS:
The following minimum requirements shall be observed, subject to
modified requirements contained in Section 2A-48 :
"M-1" LIGHT INDUSTRIAL DISTRICT
USE LOT LOT LOT AREA FRONT LEAST WIDTH ON MINIMUM REAR YARD MAXIMUM
AREA WIDTH PER YARD ANY ONE SIDE SUM OF DEPTHS(2,3,4) HEIGHT
FAMILY DEPTHS'') BOTH SIDE
YARDS
Residential SAME AS SPECIFIED IN THE "R-4" DISTRICT No building
Use shall exceed
three
Mobile Minimum 100 feet 1,250 sq. SAME AS SPECIFIED IN THE"R-4"DISTRICT (3)stories or
Home Parks Two(2) ft. forty-eight(48)
Acres feet in height
Motels No 150 feet No 50 feet 30 feet 60 feet 50 feet
minimum minimum
Other NO MINIMUM 25 feet Same as"R-4" 25 feet
Permitted except abutting to
Uses any"R"district in
which case not less
than 25 feet
1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on
the Official Major Street Plan.
2) For every additional foot the front yard depth is increased over 25 feet, the rear yard may be decreased in direct proportion
thereto,but in no case shall the rear yard be less than eight(8)feet;and in addition, if any portion of this yard area is used for
an enclosed off-street loading space, the area above such an enclosure may be used for building purposes. This regulation
shall not apply if the lot in question is adjacent to an"R"District.
3) On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineers
Flood Control Project,the minimum rear yard shall be sixteen(16)feet.
4) For every additional foot the front yard depth is increased over 25 feet, the rear yard may be decreased in direct proportion
thereto, but in no case shall the rear yard be less than eight(8)feet; unless the rear yard adjoins a railroad siding, in which
case a loading dock may abut the rear lot line. In addition, if any portion of this rear yard area is used for an enclosed off-
street loading space,the area above such an enclosure may be used for building purposes.
Where an area was developed or partially developed prior to the effective date of this ordinance,a front yard may be less than
twenty(20)feet which would be the same as the nearest front yard depth that was legally established prior to this ordinance. This
includes only buildings addressed and/or having their front yard setback facing the same street. It does not include corner
lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. These regulations
apply to all residential uses.
That Subsection 2A-38, Bulk Requirements, of Part XVI, "M-2"
Heavy Industrial District" of the Zoning Ordinance is hereby
repealed in its entirety; that a new Subsection 2A-38, Bulk
Requirements, of Part XVI , "M-2" Heavy Industrial District" of
the Zoning Ordinance is hereby enacted in lieu thereof as
follows :
2A-38 BULK REGULATIONS .
The following minimum requirements shall be observed, subject to
the modified requirements contained in Section 2A-48 :
Ordinance No. 4592
Page 7
"M-2" HEAVY INDUSTRIAL DISTRICT
USE LOT AREA LOT LOT FRONT LEAST WIDTH ON ANY MINIMUM REAR YARD MAXIMUM
WIDTH AREA YARD ONE SIDE SUM OF DEPTHS(2'3'4) HEIGHT
PER DEPTHS(') BOTH SIDE
FAMILY YARDS
Residential SAME AS SPECIFIED IN THE "R-4" DISTRICT
Uses
Motels No 150 feet No 50 feet 30 feet 60 feet 50 feet
minimum minimum
Mobile Minimum 2 100 feet 125 sq.ft. SAME AS "R-4" DISTRICT
Home Parks acres
Other No No No 25 feet Same as"R-4"District 40 feet
Permitted Minimum Minimu Minimum except abutting to any
Uses m "R"district in which case
not less than 25 feet
1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on
the Official Major Street Plan.
2) For every additional foot the front yard depth is increased over 25 feet,the rear yard may be decreased in direct proportion
thereto,but in no case shall the rear yard be less than eight(8)feet;and in addition,if any portion of this rear yard area is
used for an enclosed off-street loading space,the area above such an enclosure may be used for building purposes. This
regulation shall not apply if the lot in question is adjacent to an"R"District.
3) On parcels of land in this district which abut the flood control dikes established as part of the U.S.Army Corps of Engineers
Flood Control Project,the minimum rear yard shall be sixteen(16)feet.
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 6th day of January, 2003 , and approved by
the Mayor on the 9th day of January, 2003 .
Jo n R. rooff, Mayo
ATTEST:
Nancy Eck , 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. 4592 as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 6th day of January, 2003 .
Witness my hand and seal of office this 9th day of January,
2003 .
SEAL Nancy Ecke , City Clerk