HomeMy WebLinkAbout3970-09/13/1993ORDINANCE NO. 3970
AN ORDINANCE AMENDING THE WATERLOO ZONING
ORDINANCE NO. 2479, AS AMENDED, BY ADDING PART
XVIII(B), HIGHWAY 20 CORRIDOR OVERLAY DISTRICT
(H -C).
BE IT ORDAINED, by the Council of The City of Waterloo, Iowa:
That Part XVIII(B), Highway 20 Corridor Overlay District
(H -C), is hereby added to the Waterloo Zoning Ordinance No. 2479,
as amended, as follows:
PART XVIII(B)
"H -C" Highway 20 Corridor Overlay District
SEC. 2A -43A. GENERAL REGULATIONS
A. BOUNDARIES
The "H -C" Highway 20 Corridor Overlay District shall generally
include all real property adjacent to, or in close proximity to
Highway 20. The actual boundaries are shown on the official zoning
map. A parcel of land lying in the following sections: Section 11,
Township 88, Range 13, Section 10, Township 88, Range 13, Section
9, Township 88, Range 13, Section 8, Township 88, Range 13, Section
7, Township 88, Range 13, Section 6, Township 88, Range 13, Section
1, Township 88, Range 14, All in the City of Waterloo, Black Hawk
County, Iowa, described as follows:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF HESS ROAD AND
THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 20, THENCE SOUTH
300 FEET, THENCE WESTERLY ALONG A LINE 300 FEET NORMALLY DISTANT
SOUTHERLY OF THE SOUTHERLY HIGHWAY 20 RIGHT OF WAY LINE TO THE WEST
CORPORATE CITY LIMITS, THENCE NORTH TO A POINT 300 FEET NORTH OF
THE NORTHERLY HIGHWAY 20 RIGHT OF WAY LINE, THENCE EASTERLY ALONG
A LINE 300 FEET NORMALLY DISTANT NORTHERLY OF THE HIGHWAY 20 RIGHT
OF WAY TO THE CENTERLINE OF HESS ROAD, THENCE SOUTH TO THE POINT OF
BEGINNING.
B. PURPOSE AND INTENT
The purpose and intent of this Part is to establish a Highway
Corridor Overlay District for the orderly development of
properties located within the Highway 20 Corridor Overlay
District. The emphasis of the Highway Corridor Overlay
District is to regulate the development within the Highway 20
Corridor in order to promote the health, safety and welfare of
the citizens of Waterloo.
New structures, certain modifications to existing structures
that require building permits and certain site improvements
shall conform to this Part thereby achieving the environmental
goals of the Land Use Policy Plan.
The provisions of this Part shall apply in addition to any
other zoning district regulations and requirements in which
the land may be classified. In the case of conflict, the most
restrictive provisions shall govern, except as otherwise
expressly provided in this Part.
C. DEFINITIONS
The following definitions shall apply only for the purposes of
this Part.
1. Landscaped Area- An area not subject to vehicular
traffic, which consists of living landscape material.
2. Vehicular Use Areas- All areas subject to vehicular
traffic including, but not limited to, accessways,
driveways, loading areas, service areas, and parking
BOOK 308 PAGE 589
Ordinance No. 3970
Page 2
stalls for all types of vehicles. This definition shall
not apply to covered parking structures or underground
parking lots.
3. Overstory Tree- A self-supporting woody plant having
at least one well defined stem or trunk and normally
attaining a mature height and spread of at least 30 feet,
and having a trunk that may, at maturity, be kept clear
of leaves and branches at least eight feet above grade.
4. Understory Tree- A self-supporting woody plant
having at least one well defined stem or trunk and
normally attaining a mature height and spread of less
than 30 feet.
5. Shrub- A woody or perennial plant with multiple
stems.
6. Living Landscape- Low growing woody or herbaceous
groundcover, turf, shrubs,and trees.
7. Screen- An area of planting which provides an
effective visual barrier. For a single row the screen
shall consist of Spruce, Firs, or Pines spaced at a
maximum spacing of 15 feet or a double staggered row of
Spruce, Firs, or Pine spaced at a maximum spacing of 20
feet within each row; for Arborvitae and Juniper the
spacing shall be a double staggered row with maximum
spacing of 10 feet within each row, or a single row with
maximum spacing of 6 feet
8. Parking Strip- That portion of city owned property
between the curb line, shoulder line or traveled portion
of the roadway or alley and the private property line.
9. On -premise signs- A sign on the same property as the
activity it advertises.
10. Off -premise signs- A sign not entirely on the same
property as the activity it advertises.
11. Strip Mall- A group of commercial establishments
with off street parking on the property that are planned
and developed as an architectural unit and are generally
positioned in a row with common walls.
12. Large sites - Sites with an area equal to or greater
than two acres.
13. Street yard setback area - The area located between
a line parallel and adjacent to the structure and the
street right of way line.
D. ADMINISTRATIVE REGULATIONS
The provisions of this part shall constitute the requirements
for all zones that lie within the boundaries of the Highway
Corridor Overlay District. This part shall apply to all "R-3"
or less restrictive uses requiring a building permit for new
construction, a change in use, or the following alteration or
enlargement for :
1. An addition of 10% or 1000 square feet whichever is
less; or
2. Sites being developed for the provision of parking as
a primary use or for any improvement which results in the
provision of or an increase in parking, or
BOOK 308 PAGE 59.0
Ordinance No. 3970
Page 3
3. Additions, alterations, or repairs to existing
structures which result in a change in the occupancy
classification under the Uniform Building Code. The City
Planner may prorate the requirements herein, based upon
the nature and extent of alterations and additions. For
projects as indicated above, no certificate of occupancy
or building permit shall be issued unless such
development project is found to be in conformance with
this Division.
EXPANSION OF EXISTING USES
For existing uses which will be expanding, the following
percent of total points and total landscaped area shall be
applied to the project dependent upon the total size of all
additions since the adoption of this ordinance:
The lesser of:
10% - 20% addition
or 1000 square feet
21% - 40% addition
or 2000 square feet
41% - 50% addition
or 2500 square feet
51% addition
or 2501 square feet
E. ALTERNATIVE COMPLIANCE
Shall require :
25% of ordinance requirements
50% of ordinance requirements
75% of ordinance requirements
100% of ordinance requirements
The City Planner or a designated representative shall be
solely responsible for administering this Division. In a case
where a plan does not comply with the provisions of this
Division, the City Planner or a designated representative may
approve the plan if the following findings are made:
1. The proposed improvements will fulfill an individual
and/or community need and will not adversely affect the
goals of the Land Use Policy Plan; and
2. The proposed improvements, because of conditions that
have been applied to it, will not be detrimental to the
health, safety and general welfare of persons residing or
working in the area, and will not adversely affect other
property in the vicinity; and
3. The proposed improvements will meet the purpose and
intent of this Part.
The Alternative Compliance provision may be applied to large
commercial and industrial projects or projects on difficult
sites that are unable to meet the requirements as stated in
this Part. In all cases, projects so approved must satisfy
the findings described above.
F. LANDSCAPE REQUIREMENTS
1. Submittal Procedures
a. Submittals for landscape approval shall include
a separate planting plan showing type, size, and
number of plantings; a site plan showing total area
and total landscaped area and any supplementary
information as required to demonstrate conformance
to the landscape requirements. Any
deviations from the approved landscape plan must
e fl 308 PAGE591
Ordinance No. 3970
Page 4
receive approval from the City Planner or his/her
designated representative prior to installation.
b. The owner by applying grants the City or its
licensed and contracted agent the right to enter
upon the land for the purposes of installing the
required landscaping, in the event that such
landscaping is not in place by the date specified
in the agreement. If the City must carry out the
applicants landscaping responsibilities, the cost
shall be assessed against the property.
2. Measured Compliance
The following point schedule and conditions apply to
required landscaping in all zones and shall be used in
determining achieved points for required planting:
Overstory Trees
4 inch caliper or greater
3 inch caliper or greater
2 inch caliper or greater
trees with caliper of more
than 4 inches
Understory Trees
2 inch caliper or greater
1 1/2 inch caliper or greater
1 inch caliper or greater
Shrubs
5 gallon or greater
2 gallon or greater
Conifers
10 foot height or greater
100 points
90 points
80 points
25 points per inch
40
30
20
points
points
points
10 points
5 points
100 points
8 foot height or greater 90 points
6 foot height or greater 80 points
5 foot height or greater 40 points
4 foot height or greater 30 points
3 foot height or greater 20 points
3. Minimum Requirements for Designated Zones
a. "R" Zones- The minimum required landscape area shall
be 65 percent of the lot exclusive of buildings. The yard
shall be planted with a combination of trees and shrubs
to achieve a minimum of.05 points per square foot of the
landscaped area.
b. "C-3" Commercial Zone- The minimum required
landscape area shall be 65 percent of the lot exclusive
of buildings and parking. The landscape area shall be
planted with a combination of trees and shrubs to achieve
a minimum of .05 points per square foot of landscaped
area.
c. "C" and "M" Zones- The minimum required landscape
area shall be 25 percent of the total lot area. The
landscape area shall be planted with a combination of
trees and shrubs to achieve a minimum of .04 points per
square foot of total lot area.
BOOK 308 PAGE 592
Ordinance No. 3970
Page 5
4. ADDITIONAL LANDSCAPING REQUIREMENTS
The following additional landscaping requirements apply to all
zones:
a. VEHICULAR USE AREAS
1. For vehicular use areas larger than four spaces,
an area equivalent to a minimum of five percent
(5%) of the total vehicular use area shall be
landscaped. The required landscape area shall be
located within the vehicular use area.
2. There shall be .04 points per square foot of
vehicular use area. The points shall be
distributed throughout the vehicular use area and
within five feet (5') of the perimeter. The intent
is to position the plantings to enhance the overall
appearance of the site.
3. There shall be sufficient barriers to protect
all landscaped areas from vehicular damage.
4. Wherever a parking area is located adjacent to
City R -O -W the parking area shall be separated from
the parking strip by a landscaped area(s) of a
width no less than eight feet measured
perpendicular to the curb. This area must contain
an effective visual screen for a minimum of eighty
percent (80%) of that parking area. This screen
must be at least 30 inches in height, as measured
from the parking area or the street curb, whichever
is higher, and may be achieved through the use of
landscaped berms or plant materials. If plant
materials are used to achieve this screen there
will be 1 point assigned per linear foot of the
screen. No individual plant points will be
assigned for this screen.
5. The vehicular use area must terminate at least
five feet from any exterior building wall.
Exceptions may be made where it is necessary to
cross the non -vehicular use area to gain access to
the building(s) and for drive up facilities such as
banks and restaurants.
6. All trees in the interior of the vehicular use
area shall be two inch (2") caliper or greater
measured six inches (6") above grade at the time of
planting.
7. Areas less than 40 square feet in size or having
an average dimension of less than three feet, shall
not be included for purposes of calculating the
required landscape area in the vehicular use area.
b. STREET TREE PLANTING
A minimum of 1.5 points per linear foot of street
frontage must be achieved in the City parking strip. This
point requirement shall be met through the provision of
trees, and planting shall comply with the Vegetation
Ordinance Chapter 35 of the Waterloo Municipal Code. If
circumstances do not allow planting on the city parking,
street tree points shall be placed in the street yard
setback area.
BOOK 308 PAGE 593
Ordinance No. 3970
Page 6
c. MAINTENANCE
The owner shall be solely responsible for the maintenance
of any and all landscaping. This maintenance shall
include but not be limited to, removal of litter,
pruning, mowing of lawns, adequate watering for all
growing plant life, and also weeding in accordance with
the Tree and Shrub Care Guidelines as set forth by the
Waterloo Park Commission. The Owner shall also be
responsible for any replacement, as necessary, in order
to preserve the landscaping plan as approved by this
section. The responsibility to maintain the landscaping
shall include the parking strip located between the
private property line and the public street or highway,
directly adjacent to the owners property. A maintenance
and right to enter agreement shall be signed prior to a
building permit being issued.
d. RESIDENTIAL DEVELOPMENT
For residential development in other than residential
zones, the residential requirements of this Division
shall apply.
e. POINT DISTRIBUTION
A minimum of 65 percent of all required points shall be
achieved through tree plantings. A minimum of 10 percent
of all required points shall be achieved through living
landscape other than trees.
f. REDUCTION OF LANDSCAPED AREA
A point score in excess of that required may be used to
reduce the required landscaped area at a rate of one
square foot per excess point up to a maximum reduction of
25 percent.
g. SCREENING
For any use that is not oriented toward Highway 20 a
screen shall be installed along the lot line closest to
Highway 20. There will be no individual tree points given
for this screen. The screen will receive 3 points per
linear foot if the trees are greater than 6 feet in
height at the time of planting. The screen will receive
1 point per linear foot if the trees are greater than 4
feet in height at the time of planting. In no case shall
the trees be less than 4 feet at the time of planting.
Exceptions to this requirement may be granted by the City
Planner if it is determined that adequate design
consideration has been given to all aspects of the site
that are visible from Highway 20.
G. SIGN REGULATIONS
GENERAL PROHIBITION: No person shall develop, install, locate, or
construct any sign requiring a permit within the Highway 20 overlay
district in the city of Waterloo except as expressly authorized in
this section. The provisions of this section shall apply in
addition to any other zoning district in which land may be
classified and that such lands may be used as permitted by such
other districts. In the case of conflict the most restrictive
provisions shall govern except as otherwise expressly provided in
this section.
BOOK 308 PAGE 594
Ordinance No. 3970
Page 7
1. PERMITTED SIGNS
a. ON -PREMISE SIGNS
1. In residential, "U-1", and "A-1" districts only
those signs permitted in the underlying districts
shall be allowed.
2. COMMERCIAL C-1 AND "CZ -C1"
a. Post Signs
One post sign per property, not to exceed
40 square feet on each face and not to
exceed 20 feet in height. If more than
two faces are used the area of each side
shall be reduced proportionately.
b. Wall Signs
Wall signs shall not exceed 10% of the
wall area; in no case shall the wall
signs exceed 10% of the first 15 vertical
feet of wall area. The length of a wall
sign shall not to exceed 2/3 of the
building wall length. Wall signs shall
be mounted flat against the building. No
more than two (2) sides of a building
shall have wall signs. For the purpose
of this part signs painted on awnings and
signs mounted on mansards shall be
considered as wall signs. Required
directional wall signs may be exempted
from this section upon approval of the
City Planner or his/her designated
representative.
3. COMMERCIAL"C-2" AND ALL OTHER ZONING
CLASSIFICATIONS
a. Post signs
One Post sign per property, not to exceed 40
feet in height with an area not to exceed the
smaller of the following:
1. Two square feet for each foot of
street frontage.
2. 250 square feet
If more than two faces are used the area of
each side shall be reduced proportionately.
For large sites one additional post sign may
be allowed under the following conditions:
1. The property has at least one hundred
fifty feet (150') of continuous street
frontage.
2. The additional post sign shall not be
located closer than one hundred fifty
feet (150') to any other post sign on the
same property.
3. The maximum combined area for both
signs shall not exceed the maximum
allowed area for a single post sign in
that zone.
BOOK 300 PAGE 595
Ordinance No. 3970
Page 8
Strip malls and multiple businesses under
common ownership that share common parking,
access, or structures shall be treated as a
single property for the purposes of this
section.
For multiple businesses under diverse
ownership that share common parking, access,
or structures they shall be allowed one post
sign per use if the following conditions are
met:
1. The additional post sign shall not be
located closer than one hundred fifty
feet (150') to any other post sign.
2. The maximum combined area for all
signs on the site shall not exceed the
maximum allowed area for a single post
sign in that zone.
3. A sign plan showing the square
footage of signage for each parcel shall
be submitted by the developer and/or
landowners for the entire site prior to a
sign permit being issued.
b. Wall Signs
Wall signs shall not exceed 10% of the wall
area; in no case shall the wall signs exceed
10% of the first 15 vertical feet of wall
area. The length of a wall sign shall not to
exceed 2/3 of the building wall length. Wall
signs shall be mounted flat against the
building. No more than two (2) sides of a
building shall have wall signs. For the
purpose of this part signs painted on awnings
and signs mounted on mansards shall be
considered as wall signs. Required
directional wall signs may be exempted from
this section upon approval of the City Planner
or his/her designated representative.
c. Directional Signs
Each use shall also be allowed directional
signs as necessary to facilitate the orderly
flow of traffic with a maximum area of 6
square feet each. A logo is permitted on the
directional signs, but shall not exceed 10% of
the total sign area. These signs are for
directional, not advertising purposes. The
square footage of directional signs shall not
be included in the calculation of the
allowable square footage of other signage.
d. Menu Signs
For drive -up menu signs, only one single sided
menu sign shall be allowed, no advertisement
on the back of the sign. This sign shall have
a maximum area of 32 square feet. The square
footage of menu signs shall not be included in
the calculation of the allowable square
footage of other signage.
BOOK 308 PAGE 59,.6
Ordinance No. 3970
Page 9
e. Roof Signs
Roof signs shall be allowed in place of the
wall sign only when both of the following
conditions are met:
1. Insufficient area for a wall sign;
2. The building has a pitched roof and
the roof sign does not project higher
than the peak of the roof.
b. OFF -PREMISE SIGNS
Off -premise signs shall not be allowed in the overlay
district.
2. ADDITIONAL SIGN REGULATIONS
Sign permits shall expire 6 months after the date of issuance.
When a business ceases operation the on premise signage shall
be removed by the owner according to the following schedule:
Sign or sign cabinet --within 180 days
Supporting structure-- within 1 year
When off premise advertising is bare or in disrepair for a
period of 90 days it shall be removed. If it is bare or in
disrepair for a period of one year the structure shall be
removed.
3. PROHIBITED SIGNS
The following signs are not considered appropriate within the
overlay district and shall not be permitted:
Portable signs
Off -premise signs located on bus benches
Advertising signs painted directly on buildings
Roof signs
H. RESERVED
I. SCREENING / FENCING
1. Any area used for the outside storage of certain materials
as hereinafter described, shall be screened with a landscape
screen or an approved fencing alternative to provide a visual
barrier. It is the intent to use landscaped screens whenever
possible, and a fencing alternative is to be used only in
cases where there is insufficient area or other obstacles
which preclude the use of the landscaped screen.
The materials subject to this requirement include, but are not
limited to the following:
used tires
scrap metal
building materials and supplies
sign materials
concrete forms
used sign panels
junk or salvage vehicles
inoperable vehicles
partially scrapped vehicles
BOOK 308 PAGE 597
Ordinance No. 3970
Page 10
vehicles waiting for repair for more than 30 days
salvage or inoperable appliances
all similar materials
Existing properties used for the storage of these materials
shall comply with this section within one year of the adoption
of this ordinance. Existing businesses may request a one year
time extension from the Board of Adjustment.
2. For properties located adjacent to the Right -Of -Way of
Highway 20, where a fence alternative is used the fence shall
be set back from property lines adjacent to public
Right -Of -Way a distance equal to the required open space for
that property according to Part "J" below. Existing uses
which must comply with this ordinance within one year, may
request a waiver to the fencing setback requirement from the
Board of Adjustment.
The setback area shall be planted with a combination of trees
and shrubs to provide the minimum points per square foot as
required in that zone according to Part F "Landscape
Regulations".
3. If the fencing alternative is utilized all fencing shall
be constructed of new materials which provide a uniform
appearance and shall be built to meet or exceed the Uniform
Building Code. Acceptable fencing materials include but are
not limited to:
a. Solid Wood
b. Solid Metal
A 50% reduction in required points on the exterior of the
fence will be granted for fencing that is constructed from the
following materials:
a. Stone or brick
b. Concrete with approved design characteristics
c. Chain link with a hedge that substantially obscures
the fence and which will provide a solid appearance
within three (3) years of planting.
J. SETBACK REQUIREMENTS
1. To achieve the goals of this section, the setback
requirement shall be fifty feet (50') for all structures
adjacent to Highway 20.This setback area shall be used for
open space only, except that parking shall be allowed to begin
twenty-five feet (25') from the property line.
2. The setback requirements shall apply to new construction.
Existing structures that are not in compliance with this
section and wish to expand shall not increase the
non -conformity.
3. For properties which are located in C -i and less
restrictive zones and are affected by these setback
requirements the required rear yard setback shall be reduced
by one foot for each foot the front yard setback is increased
beyond that which is required in the underlying zone, provided
the property does not adjoin a residential zone. In no case
shall the rear yard be reduced to less than eight feet.
K. USE RESTRICTIONS
No new junk yards, salvage yards, or construction storage
yards shall be allowed in the "H -C" Highway Corridor Overlay
district. Expansion of said uses shall be allowed only with
the approval of the Board of Adjustment.
soox 308 PAGE 598
Ordinance No. 3970
Page 11
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
September
September
September
September
7, 1993
7, 1993
13, 1993
13, 1993
PASSED AND ADOPTED by the City Council of the City
Waterloo, Iowa, on the 13th day of September, 1993 and approved
the Mayor on the 15th day of September, 1993.
ATTEST:
v_r
MicheleTemeyer, Act
s,
Albert C. Manning, Jr., Mayr
ng Clerk/Auditor
CERTIFICATE
of
by
I, Michelle Temeyer, Acting Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that the preceding is a true and
complete copy of Ordinance No. 3970, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 13th day of
September, 1993.
Witness my hand and seal of office this 15th day of September,
1993.
\fes, I J
Michelle Temeyer, Acting/Clerk/Auditor
MISC
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