HomeMy WebLinkAbout4541-03/11/2002 INDEX 54 BLACK HAWK COUNTY,IOWA:ss FEE BOOK# ZOO 2 2 9 3 8 8
PROOtJ FILED FOR RECORD MAY 1 , 2002 ,AT 11:30 A M. FEE 1-20.00/
COMPARED Cirej:,;440/40
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. 4541
AN ORDINANCE AMENDING SUBSECTION 0, WIRELESS
COMMUNICATION TOWERS, OF SECTION 2A-48 ,
EXCEPTIONS AND MODIFICATIONS, OF PART XXIV,
EXCEPTIONS AND MODIFICATIONS, OF THE
WATERLOO ZONING ORDINANCE NO. 2479 BY:
REPEALING SUBSECTION (c) , CAMOUFLAGE DESIGN
OF SUBSECTION 2 , DEFINITIONS; AND ENACTING
IN LIEU THEREOF A NEW SUBSECTION (c) ,
CAMOUFLAGE DESIGN OF SUBSECTION 2 ,
DEFINITIONS; AND ADDING SUBSECTIONS (a) AND
(b) TO SUBSECTION (3) RESIDENTIAL ZONING
CLASSIFICATIONS OF SUBSECTION a, MINOR
SIGNIFICANCE, OF SUBSECTION 3 , PROCESS; AND
REPEALING SUBSECTION (3) RESIDENTIAL ZONING
CLASSIFICATIONS OR USES OF SUBSECTION b,
MAJOR SIGNIFICANCE, OF SUBSECTION 3 ,
PROCESS; AND ADDING SUBSECTIONS (4) AND (5)
TO SUBSECTION (d) , SETBACKS FROM BASE OF
STRUCTURE, OF SUBSECTION 5, DESIGN
STANDARDS; AND ADDING SUBSECTION (g) TO
SUBSECTION 6, OTHER DESIGN REQUIREMENTS .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, THAT:
Subsection (c) , Camouflage Design, of Subsection 2 ,
Definitions, of Subsection 0, Wireless Communication Towers, of
Section 2A-48 , Exceptions and Modifications, of Part XXIV,
Exceptions and Modifications, of The Waterloo Zoning Ordinance
No. 2479, is hereby repealed in its entirety; that a new
Subsection (c) , Camouflage Design of Subsection 2 , Definitions,
of Subsection 0, Wireless Communication Towers, of Section 2A-
48, Exceptions and Modifications, of Part XXIV, Exceptions and
Modifications, of The Waterloo Zoning Ordinance No. 2479, is
hereby enacted in lieu thereof as follows :
O. Wireless Communication Towers
2 . Definitions, as used in this Chapter:
c . "Camouflage Design" - Camouflage design is a term
describing a piece of art, or an architectural structure
or element, that function as a communications facility
and aesthetically blends with the surrounding historical
or aesthetically-sensitive environment . Examples of
camouflage design include, but are not limited to, flag
poles, clock towers, monuments, and church steeples .
Camouflage design also applies in the architectural
integration of communication facilities onto existing
buildings, sports field lights, highway signs, water
towers, etc . All such designs are subject to review and
approval of the communications carrier, the landlord, and
the Planning Programming & Zoning Staff . If deemed to be
of major significance, the request would be contingent
upon final approval by the Board of Adjustment, after
r: ,� 6PAGE576
Ordinance No. 4541
Page 2
review by the Planning Programming & Zoning Commission.
The camouflage design of new freestanding wireless
communication towers must be accessory in design to the
principal use of the site . For example, a new tower on a
church site would need to be designed to appear as a
steeple tower, cross, etc . A new tower on a school or
park field would need to appear as a new field lights
structure, etc . This is aimed to further disguise the
appearance of wireless communication structures .
Subsections (a) and (b) of Subsection (3) Residential
Zoning Classifications of Subsection a, Minor Significance, of
Subsection 3 , Process, of Subsection 0, Wireless Communication
Towers, of Section 2A-48, Exceptions and Modifications, of Part
XXIV, Exceptions and Modifications, of The Waterloo Zoning
Ordinance No. 2479, are hereby added as follows :
0. Wireless Communication Towers
3 . Process
a. Minor significance . The proposed structure shall be
subject to staff review by the City Planner and his/her
designee, if any of the following are true :
3) Residential zoning classifications
a) All proposed structures to be constructed using
camouflage design, to visually disguise them or
architecturally integrate them from the public view
and their surroundings . Such structures must be
located at least 500 ' from any 1 or 2 family
dwelling lot (platted, used, or developed) .
b) All proposed structures co-located onto an existing
communications facility or structure equal to or
greater than 50 feet in height .
Subsection (3) Residential Zoning Classifications or Uses
of Subsection b, Major Significance, of Subsection 3 , Process,
of Subsection 0, Wireless Communication Towers, of Section 2A-
48 , Exceptions and Modifications, of Part XXIV, Exceptions and
Modifications, of The Waterloo Zoning Ordinance No. 2479, is
hereby repealed in its entirety; that a new Subsection (3)
Residential Zoning Classifications or Uses of Subsection b,
Major Significance, of Subsection 3 , Process, of Subsection 0,
Wireless Communication Towers, of Section 2A-48 , Exceptions and
Modifications, of Part XXIV, Exceptions and Modifications, of
The Waterloo Zoning Ordinance No. 2479, is hereby enacted in
lieu thereof as follows :
0. Wireless Communication Towers
3 . Process
b. Major significance . The proposed structure shall require
review by the Planning Programming & Zoning Commission
contingent upon final approval by the Board of
Adjustment, if any of the following are true :
3) Residential zoning classifications or uses
a) Any structure not employing camouflage design and/
or located at least 500 ' from any 1 or 2 family
dwelling lot .
b) Any structure not co-located upon an existing "tall
structure . "
Ordinance No. 4541
Page 3
Subsections (4) and (5) of Subsection (d) , Setbacks from
Base of Structure, of Subsection 5, Design Standards, of
Subsection O, Wireless Communication Towers, of Section 2A-48,
Exceptions and Modifications, of Part XXIV, Exceptions and
Modifications, of The Waterloo Zoning Ordinance No. 2479, are
hereby added as follows :
O. Wireless Communication Towers
5 . Design Standards . The proposed structure must comply with
the following provisions prior to the issuance of any
permits .
d. Setbacks From Base of Structure . The minimum distance
between the base of the structure or any guy anchors and
any property line shall be the largest of the following:
1) Fifty (50%) percent of antenna height .
2) The minimum setback in the underlying zoning district .
3) Sixty (60) feet .
4) 500 feet from any 1 or 2 family dwelling lot . If
applicant/company shows that no other locations within
immediate vicinity of site can meet these
requirements, the setback may be reduced to a minimum
setback of twice the tower height . If said dwelling
lot is a legal non-conforming use, this provision
shall not apply.
5) Any new tower structures built upon land owned by the
city, State, public schools, or other public entity
may include the street right-of-way in its setback
requirements to further promote any necessary
construction of such facilities to go onto larger
tracts of public land to allow for greater separation
from residential uses and to further benefit the
community as a whole through the generation of funds .
Subsection (g) of Subsection 6, Other Design Requirements,
of Subsection 0, Wireless Communication Towers, of Section 2A-
48, Exceptions and Modifications, of Part XXIV, Exceptions and
Modifications, of The Waterloo Zoning Ordinance No. 2479, is
hereby added as follows :
O. Wireless Communication Towers
6 . Other Design Requirements .
g. Any proposed free standing tower structure within 500 '
of a 1 or 2 family dwelling lot will go through the
Planning, Programming, and Zoning Commission for a
recommendation to the Board of Adjustment, similar to a
special permit . Such a request will require a 250 '
notification by staff to all surrounding property owners
from the boundaries of the property lines of the site
upon which the tower is proposed to be located.
INTRODUCED: March 11, 2002
PASSED 1ST CONSIDERATION: March 11, 2002
PASSED 2ND CONSIDERATION: March 11, 2002
PASSED 3RD CONSIDERATION: March 11, 2002
O "
Ordinance No. 4541
Page 4
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 11th day of March 2002 and approved by the
Mayor on the 13th day of March 2002 .
/
ioderAtiLYElledfitA
Joh R. 'ooff, May., '
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. 4541 as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 11th day of March 2002 .
Witness my hand and seal of office this 13th day of March
2002 .
r"---/114A1-1/
Nancy Eck t, City Clerk
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