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HomeMy WebLinkAbout4537-02/04/2002 INDEX BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 200 2 29384 PROOF__) FILED FOR RECORD MAY 1 , 2002 ,AT 11:30 A . FEE 1-25.00 / COMPARED CIL s lp 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. 4537 AN ORDINANCE AMENDING THE CITY OF WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY: REPEALING SUBSECTION H, FRONT YARD, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION H, FRONT YARD, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND REPEALING SUBSECTION J, BUILDING LINES ON APPROVED PLATS, OF SECTION 2A-7, GENERAL REGULATIONS, OF PART V, GENERAL REGULATIONS; AND REPEALING SUBSECTION 2A, NEWLY PLATTED OR COMMERCIAL AREAS, OF SECTION 2A-29, BULK REGULATIONS, OF PART XIII, COMMERCIAL DISTRICT; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 2A, NEWLY PLATTED OR COMMERCIAL AREAS, OF SECTION 2A- 29, BULK REGULATIONS, OF PART XIII , COMMERCIAL DISTRICT; AND REPEALING SUBSECTION 5 OF SECTION 2A-35, BULK REGULATIONS, OF PART XV, M-1 LIGHT INDUSTRIAL DISTRICT; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 5 OF SECTION 2A-35, BULK REGULATIONS, OF PART XV, M-1 LIGHT INDUSTRIAL DISTRICT; AND REPEALING SUBSECTION 4 OF SUBSECTION A, USE OF EXISTING LOTS OF RECORD, OF SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXIV, EXCEPTIONS AND MODIFICATIONS . AND, ALSO AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY: REPEALING SUBSECTION B, CONFLICT WITH PUBLIC AND PRIVATE PROVISIONS, OF SECTION 11-1-7, INTERPRETATION, CONFLICT AND SEPARABILITY, OF CHAPTER 1, GENERAL SUBDIVISION PROVISIONS, OF TITLE 11, SUBDIVISION REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION B, CONFLICT WITH PUBLIC PROVISIONS, OF SECTION 11-1-7, INTERPRETATION, CONFLICT AND SEPARABILITY, OF CHAPTER 1, GENERAL SUBDIVISION PROVISIONS, OF TITLE 11, SUBDIVISION REGULATIONS; AND REPEALING SUBSECTION 1 OF SUBSECTION A, GENERAL REQUIREMENTS, OF SECTION 11-3-3 , FINAL PLATS, OF CHAPTER 3 , PLATTING PROCEDURES, OF TITLE 11, SUBDIVISION REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 1 OF SUBSECTION A, GENERAL REQUIREMENTS, OF SECTION 11-3-3 , FINAL PLATS, OF CHAPTER 3 , PLATTING PROCEDURES, OF TITLE 11, SUBDIVISION REGULATIONS; AND REPEALING SUBSECTION 3 OF SUBSECTION C, INFORMATION REQUIRED, OF SECTION 11-3-3 , FINAL PLATS, OF CHAPTER 3 , Ordinance No. 4537 Page 2 PLATTING PROCEDURES, OF TITLE 11, SUBDIVISION REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 3 OF SUBSECTION C, INFORMATION REQUIRED, OF SECTION 11-3-3 , FINAL PLATS, OF CHAPTER 3 , PLATTING PROCEDURES, OF TITLE 11, SUBDIVISION REGULATIONS . That Subsection H, Front Yard, of Section 2A-7, General Regulations, of Part V, General Regulations, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection H, Front Yard, of Section 2A-7, General Regulations, of Part V, General Regulations, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows : A. Part V General Regulations; 2A-7 General Regulations; 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 these building setbacks and the minimum setbacks required for the undeveloped lots . In computing the average setbacks, buildings located on reversed corner lots or entirely on the rear half of lots shall not be counted. That Subsection J, Building Lines on Approved Plats, of Section 2A-7, General Regulations, of Part V, General Regulations, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety. That Subsection 2a, Newly Platted or Commercial Areas, of Section 2A-29, Bulk Regulations, of Part XIII , Commercial District, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection 2a, Newly Platted or Commercial Areas, of Section 2A- 29, Bulk Regulations, of Part XIII , Commercial District, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows : Part XIII Commercial District; 2A-29 Bulk Regulations; 2a) Newly Platted or Commercial Areas . 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 Ordinance No. 4537 Page 3 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 That Subsection 5 of Section 2A-35, Bulk Regulations, of Part XV, M-1 Light Industrial District, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection 5 of Section 2A-35, Bulk Regulations, of Part XV, M-1 Light Industrial District, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows : Part XV M-1 Light Industrial District; 2A-35 Bulk Regulations; 5) 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 4 of Subsection A, Use of Existing Lots of Record, of Section 2A-48 , Exceptions and Modifications, of Part XXIV, Exceptions and Modifications, of the City of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety. And, also That Subsection B, Conflict With Public and Private Provisions, of Section 11-1-7, Interpretation, Conflict and Separability, of Chapter 1, General Subdivision Provisions, of Title 11, Subdivision Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection B, Conflict With Public Provisions, of Section 11-1-7, Interpretation, Conflict and Separability, of Chapter 1, General Subdivision Provisions, of Title 11, Subdivision Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : B. Conflict With Public Provisions : These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions '... t l�5P,l;r 5F-i8 Ordinance No. 4537 Page 4 different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control . That Subsection 1 of Subsection A, General Requirements, of Section 11-3-3 , Final Plats, of Chapter 3 , Platting Procedures, of Title 11, Subdivision Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection 1 of Subsection A, General Requirements, of Section 11-3-3 , Final Plats, of Chapter 3 , Platting Procedures, of Title 11, Subdivision Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : Section 11-3-3 Final Plat; A(1) Notation of any self-imposed restrictions, and locations of any building lines proposed to be established in this manner. That Subsection 3 of Subsection C, Information Required, of Section 11-3-3 , Final Plats, of Chapter 3 , Platting Procedures, of Title 11, Subdivision Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection 3 of Subsection C, Information Required, of Section 11-3-3 , Final Plats, of Chapter 3 , Platting Procedures, of Title 11, Subdivision Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : Section 11-3-3 Final Plat; C (3) Easements for any rights-of-way provided for public use, services or utilities, with figures showing their dimensions . INTRODUCED: February 4 , 2002 PASSED 1st CONSIDERATION: February 4 , 2002 PASSED 2nd CONSIDERATION: February 4, 2002 PASSED 3rd CONSIDERATION: February 4, 2002 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 4th day of February, 2002 , and approved by the Mayor on the 6th day of February, 2002 . John R Ro• f, Mayor ATTEST: Nancy Eck t, City Clerk Ordinance No. 4537 Page 5 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. 4537, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 4th day of February, 2002 . Witness my hand and seal of office this 6th day of February, 2002 . g✓ l ( CJ��► Nancy Eckert, City Clerk EAc $ 6 r. O3 6 570