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HomeMy WebLinkAbout3918-01/11/1993ORDINANCE NO. 3918 AN ORDINANCE AMENDING WATERLOO ZONING ORDINANCE NO. 2479, AS AMENDED, BY REPEALING SUBSECTION (D) MINOR SITE PLAN AMENDMENTS OF SECTION 2A-23, STATEMENT OF INTENT, OF PART XI, "S-1" DISTRICT REGULATIONS (SHOPPING CENTER COMMERCIAL DISTRICTS); AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION (D) MINOR SITE PLAN AMENDMENTS OF SECTION 2A-23, STATEMENT OF INTENT, OF PART XI, "S-1" DISTRICT REGULATIONS (SHOPPING CENTER COMMERCIAL DISTRICTS); AND BY REPEALING SUBSECTION (H) SPECIAL PERMIT REQUIRED OF SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXII, EXCEPTIONS AND MODIFICATIONS; AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION (H) SPECIAL PERMIT REQUIRED OF SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXII, EXCEPTIONS AND MODIFICATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (D) Minor Site Plan Amendments of Section 2A-23, Statement of Intent, of Part XI, "S-1" District Regulations (Shopping Center Commercial Districts) of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection (D) Minor Site Plan Amendments of Section 2A-23, Statement of Intent, of Part XI, "S-1" District Regulations (Shopping Center Commercial Districts) of Waterloo Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows: (D) Minor Site Plan Amendments. A site plan shall be prepared in accordance with Part A of the Section for any structure which is to be located within an area which is currently zoned "S -i". However, for any structure which is existing at the time this ordinance was amended, one addition which does not increase the existing floor area by more than fifty (50) percent, but not exceeding two thousand (2,000) square feet, shall be approved through the administrative review of the Planning, Programming and Zoning Commission staff. If the staff determines that the magnitude of such a change is significant in nature, the site plan shall be referred to the City Council who may hold a public hearing if deemed necessary. Minor development plan amendments, the location and construction of any signs, or the replacement of existing signs shall be carried out through the administrative review and approval of the Plan and Program Commission staff. If the staff feels that such change is significant in nature, it may submit the proposal to the City Council for its review and approval. If the City Council determines that the magnitude of such a change is significant in nature, a public hearing may be required. That Subsection (H) Special Permit Required of Section 2A-48, Exceptions and Modifications, of Part XXII, Exceptions and Modifications, of Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Subsection (H) Special Permit Required of Section 2A-48, Exceptions and Modifications, of Part XXII, Exceptions and Modifications, of Waterloo Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows: H. Special Permit Required. A special permit for the location of any of the following buildings or uses in any district permitted by this ordinance must be obtained from the Board of Adjustment (Ord. 3614 - 1/9/89) after public hearing thereon: BOOK 3O5 P4 E l78 Ordinance No. 3918 Page 2 1. Any public building erected and used by any department of the city, township, county, state or federal government. 2. Public and parochial schools. 3. Hospitals, non-profit fraternal institutions provided they are used solely for fraternal purposes, and institutions of an education, religious, philanthropic or eleemosynary character, provided that the building shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height. 4. Community building or recreation field. 5. Public cemetery. (Minimum thirty (30) acres) 6. Recycling Yards and Junk Yards as defined in this ordinance provided that they are within the following zoning classifications: "M-1" Light Industrial District, "M-2" Heavy Industrial District or "M -2,P" Planned Industrial District and meet the following minimum requirements: a. The yard shall be completely surrounded with a fence or wall that is at least eight (8) feet in uniform height and color. The fence shall be of an opaque material and kept free of any openings such as broken out areas and torn holes. Chain link or heavy wire gates may be used for see through inspection purposes for no more than forty (40) feet along each side of the yard having street frontage and at approved points of access to a public street or alley. Chain link or heavy wire fencing that is free from torn areas or openings may be placed along sides of the yard adjoining a flood control levee or other such barrier which would permanently screen the yard from public view. b. No off -premise advertising shall be on any wall or fence. The name of the yard and other services offered by the yard, if placed on the wall or fence, shall occupy no more than ten (10) percent of the wall or fence. c. The posts, rails or other supporting elements of the fence shall face the inside of the yard and not be visible from outside the yard. d. Vehicle bodies stacked higher than the wall or fence shall be no higher than two (2) car bodies above the wall or fence when stacked at least fifteen (15) feet from the wall or fence. Car bodies stacked no higher than the fence need not be 15 feet from the fence. All other stacked salvage material shall not be stacked higher than the allowable building height for the District. The Board of Adjustment shall have the power to grant an exception to these stacking provisions so long as said exception is in accordance with the purpose and intent of the Zoning Ordinance. e. All work performed shall be carried on within the fenced area or within an enclosed building or structure approved as a part of the salvage operation. BOOK 305 Nr, 7. 179 Ordinance No. 3918 Page 3 f. Contaminating fluids, such as gasoline, oil and grease, are prohibited from being discharged onto the ground. No salvage materials shall be placed in the Floodway District. Materials in the Floodway Fringe District (100 year flood district) shall be in accordance with the performance standards of that District. h. New yards established after the adoption of these provisions shall place the required solid wall or fence no closer to any street lot line than the minimum front yard required in the District it is located. Within this setback there shall be at least four 2 inch caliper understory trees within every 100 feet or part thereof that are maintained in a healthy condition This does not pertain to expansions of existing yards within the same block and on the same street as the existing yard. All areas devoted to customer and/or employee parking located outside of the fence or wall area must be hard surfaced and on private property in accordance with the off- street parking section of the Zoning Ordinance. (Ord. No. 3864 - 6/3/92) 7. Waste Disposal Site. Any such request shall include the submittal of a site plan. The Plan and Program Commission may require any specific criteria to protect the health, safety and welfare of the citizens of Waterloo and vicinity, including, but not limited to the following items: detailed site plan delineating slope, access, fencing, provisions for erosion (wind and water), leaching, landscaping, setbacks and other required provisions. g. Performance Bond to secure the rehabilitation of the site in accordance with the approved plan. Statement as to what types of wastes will be contained in the site. Review by the Iowa Department of Natural Resources (Ord. 3614 1/9/89), advising the City of the potential hazards and necessary safeguards. (Ord. 3263 3/7/83) 8. Mobile Home Parks 9. Rubble Disposal Site or Rubble Fill Site. A duplicate of the application submitted to the Black Hawk County Health Department shall be submitted to the Planning, Programming and Zoning Commission. The application shall contain the signature of landowner, legal description of property, a plot plan showing area to be filled with existing and proposed final elevations. The application shall also include an estimate of the number of cubic yards necessary and length of time estimated to complete filling. (Ord. 3590 - 10/17/88) 10. Adult Businesses/Adult Uses (Ord. 3642 5/1/89) Before issuance of any special permit for any of the above buildings or uses, the Board of Adjustment (Ord. 3614 - 1/9/89) shall refer the proposed application to the City Planning, Programming and Zoning Commission, which shall be B001 3195 P,,r.d..��1 Ordinance No. 3918 Page 4 given forty-five (45) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Planning, Programming and Zoning Commission has been filed; provided, however that if no report is received from the Planning, Programming and Zoning Commission within forty-five (45) days, it shall be assumed that approval of the application has been given by the said Commission. Minor changes that do not substantially alter the character of any special permit may be administratively reviewed and approved by the Planning, Programming and Zoning Commission staff. If the staff determines that the magnitude of such a change is significant in nature, the special permit shall be referred to the Board of Adjustment who may require a public hearing if deemed necessary. Minor changes to any structure existing at the time this ordinance was amended shall be for additions which do not increase the existing floor area by more than fifty (50) percent, but not exceeding two thousand (2,000) square feet more than existed at the time of this amendment. Also the location and construction of any signs or replacement of existing signs are minor changes. A change from one special permit use to another is not a minor change and shall require Board of Adjustment approval as though it were a new request. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: January 11, 1993 January 11, 1993 January 11, 1993 January 11, 1993 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 11th day of January, 1993, and approved by the Mayor on the 13th day of January, 1993. ATTEST: //49(i, Alber C. an Ling, Jr., Ma or Larr P. rger, CijClerk/Auditor C, RTIFICATE 3t: M• I, Larry P. Burger, Cita Clerk/A4di or of the City of Waterloo, Iowa, do herebyrcertify thattthe,pre'ceding is a true and complete copy of Ordinance No. 3918, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 11th day of January, 1993. Witness my hand and seal of office this 13th day of January, 1993.. - SP tS1�':x BOOK 05 F,rr 4� i Larr t P/)'urger, CitfClerk/Auditor Misc INDEX MARG PROOF i J COMPARE C411( 16426 BLACK AAWK MINTY, IOWA:SS Flied for record Feb 17 1831_ at • OO p Mandrecorded is 305 Page Recorder Deputy tee 2•00 /_ CITY OF WATERLOO CLERK/AUDITOR OFFICE cam. 6 BOOK PAGE 1182 FORM 1 STATE OF IOWA,} SS Black Hawk County, ea, one aOolu h, ^nlfloor area by increase the existing more than fifty (5er sant, but not thousandexc) squares feetw shellbe0 approved through the administrative review of I floor area by more than ty the Planning, Programming and I percent, but note ceding two Commission Blatt. 1 the thousand than xisted at th000) e timer^ this than the minimum front yard required in the District k Is located. Within this setback there shall be at least four 2 Inch cailperunder- story trees within every 100 feet or part thereof that are maintained in a healthy condition. This does not pertain to expan- sions of existing yards within the same dock and on the same street ...sell .1i Minor changes to any structure existing at the time this ordinance was amended shall be for additionsg which do not increase thefi'xiting zoning stall determines that the magnitude of such a change is significant In be referred site ylshallan to theCityCo Council who may hold a public hearing It deemed necessary. len Minor development p amend- ments, the location and the replace- ment of any signs, orns shall, be car- r uest. mint outof a stung sig eeqq Janus!), reed tdrappoval of the and 'I PAS ED 1ST CONSIDERATION: 1093 review end app January t Program el Comr;IssIon staff. Is the PASSED 2ND CONSIDERATION: • 1993 stall feels that such change• • , s nif'cant in nature, K troy submit the JANUARY 1119 •3, t r. . , i. lace o On"' ° nsui gpim as RrinalgOp ' nerwo n ties ani ij ioop ani jo :is �rilnq i aosaP asno n ,a os s'2utuado1/11 ol mu Jo op Bess tur o a Pur sglnq JO "sl osp; autos •sloop NI Iliur aii-jo •irk skim puunununu?v pm ig ig2ii alp snmid `r e i� s qSof up Amu sloopssgi2 reputs 'Sutra Sial NI iinq isnf i1,1.10C1su SI ani aqi apgm 2u!plo0J0 ooap (sous ani Rag 01 iurm no,c 3t sauziiauios 041 •woo.( sloop ssui2 am uado u.ro nofC os amendment. Also the construction of any signs or replacement of existing signs from are minor changes.it use to aanother Is one spatiallpe not a it require Boardh ofgAdjustment approval as though It were a new I do solemnly swear that the annexed copy of Legal: Water1 no Ordinance #3918 City of notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 2nd day of Feh rtta ry 19 41 in the issue of • February 2, 1993 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $ 95.20' �iGt.riat_ Sid S7saribed and sworn to before me "` •Aa�r of 7/ ft.b AAA/CK,631/}11- i ri t1i- &' • Notary Publi Received of the sum of Uollara in full for publication of the above notice.