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Home My WebLink About4656-11/10/2003 INDEX BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 04 27721 PROOF ILEDFOR RECORD MAR 23 2004 AT 3:00 P. M. FEE 1-25.00/ - 5.00/ COMPARED : . / r'e'f' BLACK HAWK COUNTY RECORDER CITYO OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4656 AN ORDINANCE AMENDING WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY: REPEALING SUBSECTIONS (C) FENCES, (E) ACCESSORY BUILDINGS, AND (H) FRONT YARD OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND ENACTING IN LIEU THEREOF NEW SUBSECTIONS (C) FENCES, (E) ACCESSORY BUILDINGS, AND (H) FRONT YARD OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND REPEALING SUBSECTIONS (A) PRINCIPLE PERMITTED USES AND (G) EXISTING OPEN PORCH OF SECTION 2A-8, REGULATIONS, OF PART VI , "A-1" AGRICULTURAL DISTRICT. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, that : That Subsections (C) Fences, (E) Accessory Buildings and (H) Front Yard of Section 2A-7, General Regulations, of Part V, General Regulations, of the Waterloo Zoning Ordinance No. 2479, as amended, are hereby repealed in their entirety; that new Subsections (C) Fences, (E) Accessory Buildings and (H) Front Yard of Section 2A-7, General Regulations, of Part V, General Regulations, of the Waterloo Zoning Ordinance No. 2479, as amended, are hereby enacted in lieu thereof as follows : C. Fences 1 . Fences in an "R" District . Residential fences or landscape features such as sculpture or walls may be erected or constructed with the centerline of said barrier to be located within the property with no portion of fence extending on to adjacent property or right-of-way. On interior lots, no such fence shall exceed eight (8) feet in height in the side or rear yard and four (4) feet in height in the front yard. On corner lots, no such fence shall exceed four (4) feet in height in the front yard nor exceed eight (8) feet in height along the street side adjoining the rear yard extending from the rear of the house to the street property line and back to the rear of the lot . [Ordinance 4029, 7/18/94] No solid fence shall be erected in such a manner as materially to impede vision between a height of two and one-half (2 ) feet and eight (8) feet above the centerline grades within the triangular area in a yard bounded by the lot line, a driveway or alley and a line drawn between two (2) points each located twenty Ordinance No. 4656 Page 2 (20) feet from the intersection of said driveway or alley line and the lot line . [Ordinance 3993 , 12/13/93] 2 . Fences in Districts other than an "R" District . Non- Residential fences located in a district other than an "R" District must be located with the centerline of said fence at least six (6) inches from the property line and cannot exceed eight (8) feet in height . E . Accessory Buildings . No accessory building shall be erected until after the principal permitted use is erected and shall not be erected in any required court, or front yard. Accessory buildings 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 which are in any "R" District; and at least three (3) feet from the principal permitted use on said lot except that accessory buildings 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 . Accessory buildings, except stables, may be erected as a part of the principal building, or, if at least six (6) feet there from, may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with. An accessory building which is not a part of the main building shall not occupy more than thirty (30) percent of the rear yard, 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 . Accessory buildings shall not cover more than eight hundred (800) square feet in conjunction with any one and two family residence . Accessory buildings may exceed the eight hundred (800) square feet but shall not occupy more than six (6) percent of the lot on which said buildings are located and in no case shall said buildings be larger than 1, 800 square feet . [Ordinance 3645, 5/1/89] H. Front Yard. In any "R" District there shall be a minimum front yard required as stated in the yard requirements for that particular district; provided, however, that where lots comprising thirty (30) percent or more of the frontage within two hundred (200) feet of either side lot line are developed with buildings at either a greater or lesser setback, the front yard setback shall be the average of the abutting homes or closest thereto on either side (if there is no home within 200 feet on one side, the setback shall match the setback of the closest home within two hundred (200) feet on the other side) . In computing the average setbacks, buildings located on reversed corner lots or entirely on the rear half of lots shall not be counted. The required setback as computed herein need not exceed fifty (50) feet in any case . Ordinance No. 4656 Page 3 That Subsections (A) Principle Permitted Uses and (G) Existing Open Porch of Section 2A-8 , Regulations, of Part VI , "A-1" Agricultural District, of the Waterloo Zoning Ordinance No. 2479, as amended, are hereby repealed in their entirety; that new Subsections (A) Principle Permitted Uses and (G) Existing Open Porch of Section 2A-8, Regulations, of Part VI , "A-1" Agricultural District, of the Waterloo Zoning Ordinance No. 2479, as amended, are hereby enacted in lieu thereof as follows : A. Principle Permitted Uses . 1 . Agricultural and the usual agricultural buildings and structures . Also a single-family dwelling provided that the owner/occupant is actively engaged in the farming operation and is a member of the farm owner' s immediate family. For the purpose of this section, the immediate family shall be interpreted as father, mother, son, daughter, wife, husband, brother, sister, grandparent or grandchild. Only one (1) lot that is a minimum of three (3) acres for this purpose shall be separated from a farm and at least thirty-five (35) acres shall remain after the transfer with the farm. 2 . Truck gardening and nurseries . 3 . Specialized poultry, pigeon, rabbit and other animal farms, but not including the feeding or disposal of community or collected garbage . 4 . Riding stables . 5 . Grain elevators with usual accessory structures and the seasonal storage of coal whenever on or adjacent to and not more than one hundred (100) feet from a railway right-of-way. 6 . Mining and extraction of minerals or raw material , subject to approval by the City Council . 7 . Airports and landing fields . 8 . Forest and forestry. 9 . Parks, playgrounds, golf courses, both public and private, and recreational uses . 10 . Any use erected or maintained by a public agency. 11 . Public utility structures and equipment necessary for the operation thereof . 12 . Transmitting stations . 13 . Recreational vehicles within special flood hazard areas zoned A1-30, AH and AE on the Flood Insurance Rate Map must either: Ordinance No. 4656 Page 4 1 . Be on the site for fewer than 180 consecutive days . 2 . Be fully licensed and ready for highway use, or 3 . Meet the permit, elevation and anchoring requirements for "manufactured homes . " A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by disconnect type utilities and security devices, and has no permanent attached additions . [Ordinance 4125, 9/11/95] 14 . Single-family homes that were legally built prior to adoption of this Ordinance . For the purposes of this Ordinance, any such legally established dwelling is not considered a non-conforming use as defined herein, but is considered a legal use . Furthermore, any such legally established dwelling may be rebuilt on the same lot as legally established, provided that all other rules and regulations of this Ordinance are met . G. Existing Open Porch [Ordinance 4386, 10/20/99] 1 . An existing open porch built prior to adoption of this Ordinance may be remodeled or rebuilt to an enclosed non-habitable vestibule or entrance way (which may include closet space) when projecting not more than one fourth (1/4) the distance into the required front yard setback and extending in width not more than one- fourth (1/4) of the width of the residence . 2 . In addition, a new deck or unenclosed porch addition to the front of the house may be built five (5) feet or one fourth ('A) the distance into the required front yard setback. This will not be interpreted in any way to authorize any addition over a platted building line or road right-of-way line . On a corner lot, this would still allow deck additions to both street frontages . Said addition is defined as a non-enclosed structure with a non-solid side wall, if any at all, which cannot be enclosed in the future as an addition to the home . INTRODUCED: November 10, 2003 PASSED 1st CONSIDERATION: November 10, 2003 PASSED 2nd CONSIDERATION: November 10, 2003 PASSED 3rd CONSIDERATION: November 10, 2003 Ordinance No. 4656 Page 5 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 10th day of November, 2003 , and approved by the Mayor on the 12th day of November, 2003 . 06.4 John r . Ro�ff, Mayor ATTEST: 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. 4656, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 10th day of November, 2003 . Witness my hand and seal of office this 12th day of Nober, >,2003 . I, SE , Nancy Ecke4 City Clerk