Loading...
HomeMy WebLinkAbout4634-08/11/2003 INDEX 5 S BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 0 4 22465 PROOF ILED FOR RECORD JAN 22 . 2004 ,AT 10:00 A.M. FEE 1-30.00/ - 5.00/ • COMPARED Ze•doig jihdo BLACK HAWK COUNTY RECORDER CITY OF WATERLOO ATTN NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4634 AN ORDINANCE AMENDING WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY REPEALING SECTION 2A-44 , OFF- STREET LOADING SPACES REQUIRED, AND SUBSECTIONS (A) SCOPE OF REGULATIONS, (B) GENERAL REQUIREMENTS, AND (C) DESIGN AND MAINTENANCE OF SECTION 2A-45, OFF- STREET PARKING AREA REQUIRED, ALL OF PART XXII , PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS; AND ENACTING IN LIEU THEREOF A NEW SECTION 2A-44, OFF-STREET LOADING SPACES REQUIRED, AND SUBSECTIONS (A) SCOPE OF REGULATIONS, (B) GENERAL REQUIREMENTS, AND (C) DESIGN AND MAINTENANCE OF SECTION 2A-45 , OFF-STREET PARKING AREA REQUIRED, ALL OF PART XXII , VEHICULAR USE, PARKING, AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS . BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, that : Section 2A-44 , Off-Street Loading Spaces Required, and Subsections (A) Scope of Regulations, (B) General Requirements, and (C) Design and Maintenance of Section 2A-45 , Off-Street Parking Area Required, all of Part XXII , Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, of Zoning Ordinance No. 2479, as amended, are hereby repealed in their entirety; that a new Section 2A-44 , Off-Street Loading Spaces Required, and Subsections (A) Scope of Regulations, (B) General Requirements, and (C) Design and Maintenance of Section 2A-45, Off-Street Parking Area Required, all of Part XXII , Vehicular Use, Parking, and Loading Areas, Public Garages, Parking Lots and Filling Stations, of Zoning Ordinance No. 2479, as amended, are hereby enacted in lieu thereof as follows : PART XXII VEHICULAR USE, PARKING, AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS 2A-44 OFF-STREET LOADING SPACES REQUIRED A. In any district, except the "C-3" Central Business District, in connection with every building or part thereof hereafter erected, having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one (1) off-street loading space plus one (1) additional such loading space for every twenty thousand (20,000) square feet or major fraction thereof of gross floor area so used in excess of ten thousand (10,000) square feet. 1. Each loading space shall be not less than ten (10) feet in width, twenty-five (25) feet in length. Ordinance No . 4634 nage 2 2. Such space may occupy all or any part of required yard or court space or as specifically provided in the district in which it is located. 2A-45 OFF-STREET PARKING AREA REQUIRED A. Scope of Regulations In all districts, except the "C-3" Central Business District, "S-1" Shopping Center, "M- 2,P" Planned Industrial District, and "R-P" Planned Residence District in connection with every industrial, commercial, business trade, institutional, recreational, or dwelling use, and similar uses, space for parking and storage of vehicles shall be provided in accordance with the regulations of this Section and subject to any restrictions contained elsewhere in this Ordinance for the district in which such facilities are located. 1. In the "C-3" District, for the purpose of minimizing disruptive curb-cuts and driveways and to encourage the consolidation of parking space in appropriate locations, accessory off-street parking is not required. 2. For parking facilities located in "S-1" Shopping Center, "M-2,P" Planned Industrial and "R-P" Planned Residence Districts, the schedules set forth in this section shall generally be the maximum. The actual parking requirements shall be determined during the review of the site plan by the Planning, Programming, and Zoning Commission in view of the flexibility of the guidelines for these particular districts. B. General Requirements [Ordinance 3335, 4/23/84] 1. When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein or if the use changes to a use that requires additional parking facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use and for any existing deficiency in parking or loading facilities. For uses in existence on the effective date of this Ordinance which do not meet the requirements of this Ordinance [Ordinance 3050, 10/1/79], a similar use may occupy the building without providing additional parking. 2. All parking spaces required by this Ordinance must be provided on the same lot and zoning classification as the use in question or, if applicable, in the adjacent less restrictive zoning classification, except in the case of owners of property that are non-conforming as to parking requirements at the time this Ordinance was adopted (Ord. No. 3050). In such a case, the owner may provide additional parking as long as it is within the 200 feet of the lot for the use in question, subject to the approval of the Board of Adjustment. 3. Off-street parking spaces, including the adjacent area uses for turning movements necessary to enter or leave the parking spaces, may be located in any yard except the required front yard in an Agriculture District or a Residence District, except one and two family dwellings an unless otherwise specifically restricted by this Ordinance. New vehicular use areas shall be allowed to match the setback, including being built in required front yard areas, if adjacent property within the same block (or 300' distance in absence of block development) is located within said areas. 4. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements governing location of accessory parking spaces in relation to the use served and adhered to. No parking space or portion thereof shall serve as a required space for more than one use unless the use is associated with a multi-use building and approved by the Board of Adjustment after recommendation by the Planning Department. Ordinance No. 4634 Page 3 5. In cases where parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be in the same possession as the lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or longterm lease, the term of which is to be determined by the Board of Adjustment, and such deed or lease shall be filed with the Recorder of Deeds of Black Hawk County. The deed or lease shall require such owner or his or her heirs and assigns to maintain the required number of parking facilities for the duration of the use served or of the deed or lease,whichever shall terminate sooner. 6. No part of any vehicular use area or parking space shall be closer than five (5) feet to any established street right-of-way, alley, lot line, or zoning district boundary line. This shall allow for a reasonably designed entryway for the access from the property line, but shall not allow for a lengthy access drive closer than the required setback. In case two (2) or more permitted parking areas of different ownership abut, the five (5) foot setback shall not be required. This requirement does not apply to one and two family dwelling units. 7. Off-street parking areas shall be provided on the same lot and in the same zoning classification as the principal permitted use or, if applicable, in the adjacent, less restrictive zoning district. 8. It is desirable that all parking areas be aesthetically improved to reduce obtrusive characteristics such as those inherent to their uses. Whenever practical, such parking areas shall be effectively screened from general public view by incorporating the natural landscaping and topography with introduction of additional planting and grading to accomplish this desire. All parking areas for more than four (4) spaces shall include landscape areas, equal to not less than five (5) percent of the total paved area. The required landscape area shall be located: 1. within the vehicular use area; 2. within five feet (5') of the perimeter 3. added to a street yard building buffer area; 4. in the street yard setback area[Ordinance 3907, 12/21/92] 9. Where a parking facility does not abut on a public street, there shall be provided an access drive not less than ten (10) feet in width in the case of a dwelling and not less than twenty (20) feet in width in all cases leading to the loading or unloading spaces and parking or storage area required hereunder. Except where provided in connection with the use permitted in a residential district, such easement of access or access drive shall not be located in any residential district. 10. Every parking lot shall be so arranged and marked as to provide for the orderly and safe loading or unloading and parking and storage of self-propelled vehicles. All off-street parking facilities fronting on a residential street shall be so designed so as to permit entrance and exit by forward movement of the vehicle. The backing or backward movement of vehicles from an off-street parking facility onto a public street shall be strictly prohibited, except for one and two family dwellings. 11. The Planning and Programming Commission Director or his representative shall be responsible for reviewing and approving the layout of all parking facilities in order to meet the stipulations of these regulations. In addition in case any building, structure or use which is not specifically mentioned herein, the provisions for a use which is mentioned and to which said use is similar shall apply. Ordinance No . 4634 nage 4 12. Screening ands Landscaping: All open parking areas containing more than four (4) parking spaces shall be effectively screened on each side adjoining property situated in a Residence District or any institutional premises, by a wall, fence, or densely planted compact hedge not less than six (6) feet or more than eight (8) feet in height. However, the Board of Adjustment may waive this requirement if the closest point of such parking area is at least one hundred (100) feet from the nearest residential or institutional property line or across a street. 13. Lighting: Any lighting used to illuminate any off-street parking area or any area(s)used for non-residential purposes shall be so arranged as to reflect the light away from adjoining residential premises. [Ordinance 3442,6/16/86] 14. Parking Space: The minimum size of a conventional ninety (90) degree parking stall shall be nine (9) feet by eighteen (18) feet, or one hundred and sixty two (162) square feet, excluding the area necessary for access and maneuvering. When calculating the number of spaces required under this ordinance, a fractional space shall require an additional space. 15. Site Plan: Any application for a building permit or for an occupancy certificate where no building permit is required, shall include a site plan, drawn to scale, and fully dimensioned showing any off-street parking or loading facilities, points of access to be provided, and an adequate number of handicap parking spaces. 16. Floor Area: In calculating the floor area as it applies to these regulations all multiple stories including basements used as a part of the use in question, or all leasable area designed for tenant occupancy, shall be added together to get a total floor area. 17. Parking Lot Expansion Surfacing: Any expansion of an existing parking lot must be properly graded, drained and hard surfaced as per Section C of Section 2A-45, Off-Street Parking Area Required. This includes expansions of existing parking lots that are not hard surfaced. This does not mean that the existing gravel lot or lots must be properly drained or hard-surfaced,just the parking expansion area. 18. Existing Parking Lot, New Surfacing: Any existing parking lot that is being surfaced for the first time or reconstructed must be properly graded, drained and hard surfaced as per Subsection C of Section 2A-45, Off-Street Parking Area Required. [Ordinance 3947, 6/7/93] C. Design and Maintenance[Ordinance 3947, 6/7/93] 1. Plan: Except for single and two family residential uses, the construction plans for the design of parking lots shall be subject to the approval of the City Engineer. The design shall show: the use the parking lot is serving, set back from all property lines, stall and aisle layout with dimensions, handicapped stalls, pedestrian movement considerations, driveway locations with dimensions, existing ground elevations, proposed ground elevations, storm sewer system and stormwater detention plan(s) with calculations, surfacing material and thickness. The design plan must also comply with other provisions of this section and the landscaping requirements. 2. Surfacing and access: All off-street vehicular use and parking areas, except for single family and two family residential uses shall be surfaced with a minimum of a two-inch Hot Mix Asphalt (HMA) on a six-inch rock base or five inches of Portland Cement Concrete (PCC), or other pavement design approved by the City Engineer as long as it is HMA or PCC. Rock treated with oil or emulsion, an oil or emulsion treated surface, or seal coat shall not be approved. This shall include any and all access to the site. Ordinance No. 4634 rage 5 Vehicular access from street to right-of-way line shall be constructed to the requirements of the City of Waterloo Driveway and Sidewalk Specifications. Furthermore, no access shall be allowed off the end of a dead-end street without proper extension and turn-around or cul de sac improvements. For temporary construction access and/or sites with an approved phased development plan, all such entrances shall be approved by the City Engineer and only allowable while actual construction is in progress. Actual construction shall be defined as a valid building permit in place and construction progress being made on an ongoing basis as determined by the Building Official. If a permit is not necessary for the type of work, a timeline must be submitted by the property owner(s) requesting a temporary access — as a parking lot is not a Principal Permitted Use by itself in many zoning districts. If any timeline is to extend beyond a single construction season or one year, whichever is longer, approval must be granted by the Board of Adjustment. In granting such temporary accesses, the City Engineer shall evaluate each site to allow the best temporary access for the community. Such criteria shall include: traffic, impact upon existing development and neighborhoods, sight distances, impact on street conditions, pavement thickness and design, and any other criteria deemed necessary to properly evaluate such an access decision. Any temporary access for construction sites and/or phased plans at the adoption of this Ordinance shall be continued as long as actual construction is in progress, as defined above. Any stop in actual construction or in between phases of development shall be cause for the access to be removed and reapplied for from the City Engineer. The use of more than one temporary access shall be at the discretion of the City Engineer, based on the criteria stated in this paragraph above. Furthermore, the extension of any existing temporary access beyond a single construction season or one year, whichever is longer, shall require approval by the Board of Adjustment. All temporary accesses shall be constructed and maintained to be dust-free. 3. Drainage and detention: All vehicular use and off-street parking areas shall be graded and drained to dispose of surface water accumulation in a manner approved by the City Engineer and in accordance with the City's Stormwater Detention Policy. At a minimum, this shall limit runoff from parking areas to adjacent property to the same rate of runoff experienced prior to the development of the parking area. All detention areas located within the area between the building and street right- of-way line shall be designed to allow for maintenance in a mow-able, green space, or decorative retaining block type design. The use of riprap or similar materials shall be minimal in this area, used sparingly as necessary for the functioning of the drainage and detention plan. INTRODUCED: August 11, 2003 PASSED 1st CONSIDERATION: August 11, 2003 PASSED 2nd CONSIDERATION: August 11, 2003 PASSED 3rd CONSIDERATION: August 11, 2003 Ordinance No. 4634 Page 6 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 11th day of August, 2003 , and approved by the Mayor on the 13th day of August, 2003 . Jo R. 'ooff, Mayoris ATTEST: Nancy Ecke , 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. 4634 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 11th day of August, 2003 . Witness my hand and seal of office this 13th day of August, 2003 . SEAL Nancy Eckert( City Clerk