HomeMy WebLinkAbout3973-09/27/1993ORDINANCE NO. 3973
AN ORDINANCE AMENDING WATERLOO ZONING
ORDINANCE NO. 2479, AS AMENDED:
BY REPEALING SUBSECTION (B) APPEALS OF SECTION
2A-52, CONDITIONAL USES, APPEALS AND
VARIANCES, OF PART XXIII, BOARD OF ADJUSTMENT;
AND ENACTING IN LIEU THEREOF A NEW SUBSECTION
(B) APPEALS OF SECTION 2A-52, CONDITIONAL
USES, APPEALS AND VARIANCES, OF PART XXIII,
BOARD OF ADJUSTMENT; AND
BY REPEALING SUBSECTION (B) DECISIONS OF
SECTION 2A -52A, HEARINGS AND DECISIONS OF THE
BOARD OF ADJUSTMENT, OF PART XXIII, BOARD OF
ADJUSTMENT; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION (B) DECISIONS OF SECTION 2A -52A,
HEARINGS AND DECISIONS OF THE BOARD OF
ADJUSTMENT, OF PART XXIII, BOARD OF
ADJUSTMENT; AND
BY REPEALING SUBSECTIONS (A) OCCUPANCY
PERMITS, SUBSECTIONS (1) AND (3) OF SUBSECTION
(B) FLOOD PLAIN DEVELOPMENT PERMIT, AND
SUBSECTION (D) IOWA DEPARTMENT OF WATER, AIR
AND WASTE MANAGEMENT - REQUIRED DEVELOPMENTAL
APPROVAL, ALL OF SECTION 2A-53, PERMITS, OF
PART XXIV, OCCUPANCY PERMITS; AND ENACTING IN
LIEU THEREOF NEW SUBSECTIONS (A) OCCUPANCY
PERMITS, SUBSECTIONS (1) AND (3) OF SUBSECTION
(B) FLOOD PLAIN DEVELOPMENT PERMIT, AND
SUBSECTION (D) IOWA DEPARTMENT OF NATURAL
RESOURCES - REQUIRED DEVELOPMENTAL APPROVAL,
ALL OF SECTION 2A-53, PERMITS, OF PART XXIV,
OCCUPANCY PERMITS; AND
BY REPEALING SUBSECTION (D) OF SECTION 2A-56,
VIOLATION AND PENALTIES, OF PART XXVII,
VIOLATION, PENALTIES AND ENFORCEMENT; AND
ENACTING IN LIEU THEREOF A NEW SUBSECTION (D)
OF SECTION 2A-56, VIOLATION AND PENALTIES, OF
PART XXVII, VIOLATION, PENALTIES AND
ENFORCEMENT; AND
BY REPEALING SECTION 2A-57, ENFORCEMENT, OF
PART XXVII, VIOLATION, PENALTIES AND
ENFORCEMENT; AND ENACTING IN LIEU THEREOF A
NEW SECTION 2A-57, ENFORCEMENT, OF PART XXVII,
VIOLATION, PENALTIES AND ENFORCEMENT; AND
BY REPEALING SUBSECTION (A)(8) OF SECTION 2A-
60, INFORMATION TO BE OBTAINED OR MAINTAINED,
OF PART XXIX, DUTIES AND RESPONSIBILITIES OF
THE BUILDING OFFICIAL OR HIS OFFICIAL
DESIGNEE; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION (A)(8) OF SECTION 2A-60,
INFORMATION TO BE OBTAINED OR MAINTAINED, OF
PART XXIX, DUTIES AND RESPONSIBILITIES OF THE
CITY PLANNER OR HIS OFFICIAL DESIGNEE.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That Subsection (B) Appeals of Section 2A-52, Conditional Uses,
Appeals and Variances, of Part XXIII, Board of Adjustment, of the
Waterloo Zoning Ordinance No. 2479, as amended, is hereby repealed
in its entirety; that a new Subsection (B) Appeals of Section 2A-
52, Conditional Uses, Appeals and Variances, of Part XXIII, Board
of Adjustment, of the Waterloo Zoning Ordinance No. 2479, as
amended, is hereby enacted in lieu thereof as follows:
BOOK 308 PAGE 603
Ordinance No. 3973
Page 2
B. Appeals - Appeals to the Board may be taken by any person
aggrieved or by any officer, department, board or bureau
of the City of Waterloo affected by any decision of the
City Planner or designee. Such appeal shall be taken
within a reasonable time as provided by the rules of the
Board by filing with the City Planner or designee and
with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The City Planner or
designee shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed
from is taken.
An appeal stays all proceedings in furtherance of the
action appealed from, unless the City Planner or designee
certified to the Board, after notice of appeal shall have
been filed with him, that by reason of the facts stated
in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case
proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board or by
a restraining order which may be granted by the Board or
by a court of record on application of notice to the City
Planner or designee, and on due cause shown.
That Subsection (B) Decisions of Section 2A -52A, Hearings and
Decisions of the Board of Adjustment, of Part XXIII, Board of
Adjustment, of the Waterloo Zoning Ordinance No. 2479, as amended,
is hereby repealed in its entirety; that a new Subsection (B)
Decisions of Section 2A -52A, Hearings and Decisions of the Board of
Adjustment, of Part XXIII, Board of Adjustment, of the Waterloo
Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu
thereof as follows:
B. Decisions - In exercising the above-mentioned powers, the
Board may, in conformity with the provisions of law,
reverse or affirm, wholly or partly, or modify the order,
requirement, decision, or determination as it believes
proper and to that end shall have all powers of the City
Planner or designee. The concurring vote of three of the
members of the Board shall be necessary to reverse any
order, requirement, decision, or determination of the
City Planner or designee, or to decide in favor of the
applicant on any matter upon which it is required to pass
under this Ordinance; provided, however, that the action
of the Board shall not become effective until after the
resolution of the Board, setting forth the full reason
for its decision and the vote of each member
participating therein, has been spread upon the minutes.
Such resolution, immediately following the Board's final
decision, shall be filed in the office of the Board, and
shall be open to public inspection.
That Subsections (A) Occupancy Permits, Subsections (1) and (3) of
Subsection (B) Flood Plain Development Permit, and Subsection (D)
Iowa Department of Water, Air and Waste Management - Required
Developmental Approval, all of Section 2A-53, Permits, of Part
XXIV, Occupancy Permits, of the Waterloo Zoning Ordinance No. 2479,
as amended, are hereby repealed in their entirety; that new
Subsections (A) Occupancy Permits, Subsections (1) and (3) of
Subsection (B) Flood Plain Development Permit, and Subsection (D)
Iowa Department of Natural Resources - Required Developmental
Approval, all of Section 2A-53, Permits, of Part XXIV, Occupancy
Permits, of the Waterloo Zoning Ordinance No. 2479, as amended, are
hereby enacted in lieu thereof as follows:
BOOK 308 PAGE 604
Ordinance No. 3973
Page 3
A. Occupancy Permits - No land shall be occupied or used,
and no building hereafter erected or structurally altered
shall be occupied or used in whole or in part for any
purpose whatsoever, until a certificate is issued by the
Building Official, City Planner, or designee, stating
that the building and use comply with the provision of
this Ordinance and the building and health ordinances of
the City of Waterloo. No change of use shall be made in
any building or part thereof, now or hereafter erected or
structurally altered, without a permit being issued
therefore by the Building Official, City Planner or
designee. No permit shall be issued to make a change
unless the changes are in conformity with the provisions
of this Ordinance.
Nothing in this part shall prevent the continuance of a
non -conforming use as hereinbefore authorized, unless a
discontinuance is necessary for the safety of life or
property.
Certificates for occupancy and compliance shall be
applied for coincidentally with the application for a
building permit, and shall be issued within ten (10) days
after the lawful erection or alteration of the building
is completed. A record of all certificates shall be kept
on file in the office of the Building Official and copies
shall be furnished on request to any person having a
proprietary or tenancy interest in the building affected.
No permit for excavation for, or the erection or
alteration of any building shall be issued before the
application has been made for certificate of occupancy
and compliance, and no building or premises shall be
occupied until that certificate and permit is issued.
A certificate of occupancy shall be required of all non-
conforming uses. Application for certificate of
occupancy for non -conforming uses shall be filed within
twelve (12) months from the effective date of this
ordinance, accompanied by affidavits of proof that such
non -conforming use was not established in violation of
Ordinance No. 1734 or amendments thereto.
B. Flood Plain Development Permit - A Flood Plain
Development Permit shall be secured prior to initiation
of any flood plain development.
1. Application for a Flood Plain Development Permit
shall be made on forms supplied by the City Planner
or designee and shall include the following
information:
[All subsections remain the same.]
3. All uses or structures in the Floodway, Floodway
Fringe, General Flood Plan, and Shallow Flooding
Districts requiring Special Exception Permits shall
be allowed only upon application to the City
Planner or designee, with issuance of the Special
Exception Permit by the Board of Adjustment.
Petitioners shall include information ordinarily
submitted with applications as well as any
additional information deemed necessary by the
Board of Adjustment. Where required, approval of
the Iowa Department of Natural Resources shall
precede issuance of the Special Exception Permit by
the Board of Adjustment.
BOOK 308 rAr1605
Ordinance No. 3973
Page 4
D. Iowa Department of Natural Resources - Required
Developmental Approval
In Addition to the Variance and Conditional Uses,
approval by the Iowa Department of Natural Resources is
required for, but not limited to the types of projects
listed below. This approval by DNR is necessary prior to
issuance of a Special Exception Permit from the Board of
Adjustment.
[All subsections remain the same.]
That Subsection (D) of Section 2A-56, Violation and Penalties, of
Part XXVII, Violation, Penalties and Enforcement, of the Waterloo
Zoning Ordinance No. 2479, as amended, is hereby repealed in its
entirety; that a new Subsection (D) of Section 2A-56, Violation and
Penalties, of Part XXVII, Violation, Penalties and Enforcement, of
the Waterloo Zoning Ordinance No. 2479, as amended, is hereby
enacted in lieu thereof as follows:
D. The City Planner or designee is hereby designated and
ordered to enforce this ordinance.
That Section 2A-57, Enforcement, of Part XXVII, Violation,
Penalties and Enforcement, of the Waterloo Zoning Ordinance No.
2479, as amended, is hereby repealed in its entirety; that a new
Section 2A-57, Enforcement, of Part XXVII, Violation, Penalties and
Enforcement, of the Waterloo Zoning Ordinance No. 2479, as amended,
is hereby enacted in lieu thereof as follows:
2A-57. ENFORCEMENT. In case any building or structure is
erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure, or
land is used in violation of this Ordinance, the Building
Official, City Planner, or designee, in addition to other
remedies, shall institute any proper action or
proceedings in the name of the City of Waterloo, Iowa, to
prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion,
maintenance, or use, to restrain, correct, or abate such
violation, to prevent the occupancy of said building,
structure, or land, or to prevent any illegal act,
conduct business or use in or about said premises.
That Subsections (A) and (A)(8) of Section 2A-60, Information to be
Obtained or Maintained, of Part XXIX, Duties and Responsibilities
of the Building Official or His Official Designee, of the Waterloo
Zoning Ordinance No. 2479, as amended, are hereby repealed in their
entirety; that new Subsections (A) and (A)(8) of Section 2A-60,
Information to be Obtained or Maintained, of Part XXIX, Duties and
Responsibilities of the City Planner or His Official Designee, of
the Waterloo Zoning Ordinance No. 2479, as amended, are hereby
enacted in lieu thereof as follows:
2A-60. INFORMATION TO BE OBTAINED OR MAINTAINED.
A. It shall be the responsibility of the City Planner
or his official designee to:
BOOK 308 PATE 606
Ordinance No. 3973
Page 5
8. Notify adjacent communities and/or counties
and the Iowa Department of Natural Resources
prior to any proposed alteration or relocation
of a watercourse and submit evidence of such
notifications to the Federal Insurance
Administrator.
[All
other subsections remain the same.]
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
September 27, 1993
September 27, 1993
September 27, 1993
September 27, 1993
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 27th day of September, 1993, and approved by
the Mayor on the 29th day of September, 1993.
ATTEST:
Albert Manning, Jr.,
Michelle Temeyer, Acti
City Clerk/Auditor
CERTIFICATE
I, Michelle Temeyer, Acting City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that the preceding is a true and
complete copy of Ordinance No. 3973, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 27th day of
September, 1993.
1993.
Witness my hand and seal of office this 29th day of September,
Michelle Temeyer, Acting
MISC
INDEX '/
MARGIN
PROOF
COMPARp
ty Clerk/Auditor
8395
BACK HAWK COUNTY, IOWA:SS
Filed for record Oct 20 19 93
at 2 :30 P. M, and reccided io
MISC Book 308
Page 603
azt/4.6cez)
2
Recorder
Deputy
Fee 1-25.001
City of Waterloo
Clerk/Auditor
Bb4it 308 PAGE6O 1
tith
FORM 1 1 T.
STATE OF IOWA,
Black Hawk County,
S
I do solemnly swear that the annexed copy of legal Waterloo, City of
Ordinance 3973
notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in
Waterloo, Black Hawk County, Iowa, once commencing on the
12th
day of October 19 93
in the name of
said newspaper, and that the annexed rate of advertised is the regular legal rate of said
newspaper, and that the following is a correct bill for publishing said notice.
Printer's Bill $ 114.52
Signed
ORDINANCE NO. 3973
AN ORDINANCE AMENDING
WATERLOO ZONING ORDI-
NANCE NO. 2479, AS AMENDED:
BY REPEALING SUBSECTION (B)
APPEALS OF SECTION 2A-52,
CONDITIONAL USES, APPEALS
AND VARIANCES, OF PART XXIII
BOARD OF ADJUSTMENT; AND
ENACTING IN LIEU THEREOF A
NEW SUBSECTION (B) APPEALS
OF SECTION 2A-52, CONDITION-
AL USES, APPEALS, AND VARI-
ANCES, OF PART XXIII, BOARD
OF ADJUSTMENT; AND
BY REPEALING SUBSECTION (B)
DECISIONS OF SECTION 2A -52A,
HEARINGS AND DECISIONS OF
THE BOARD OF ADJUSTMENT,
OF PART XXIII, BOARD OF
ADJUSTMENT, AND ENACTING
IN LIEU THEREOF A NEW SUB-
SECTION (B) DECISIONS OF
SECTION 2A -52A HEARINGS AND
DECISIONS OF THE BOARD OF
ADJUSTMENT OF PART XXIII,
BOARD OF ADJUSTMENT; AND
BY: REPEALING SUBSECTIONS
(A) OCCUPANCY PERMITS, SUB-
SECTIONS (1) AND (3) OF SUB-
SECTION (B) FLOOD PLAIN
DEVELOPMENT PERMIT, AND
SUBSECTION (D) IOWA DEPART-
MENT OF WATER, AIR AND
WASTE MANAGEMENT
REQUIRED DEVELOPMENTAL
APPROVAL, ALL OF SECTION 2A-
53 PERMITS, OF PART XXIV,
OCCUPANCY PERMITS; AND
ENACTING IN LIEU THEREOF
NEW SUBSECTIONS (A) OCCU-
PANCY PERMITS, SUBSECTIONS
(1) AND (3) OF SUBSECTION (B)
FLOOD PLAIN DEVELOPMENT
PERMIT, AND SUBSECTION (D)
IOWA DEPARTMENT OF NATU-
RAL RESOURCES - REQUIRED
DEVELOPMENTAL APPROVAL,
ALL OF SECTION 2A-53, PER-
MITS, OF PART XXIV, OCCUPAN-
CY PERMITS; AND
BY REPEALING SUBSECTION; (D)
OF SECTION 2A-56, VIOLATION
AND PENALTIES, OF PART XXVII,
VIOLATION, PENALTIES AND
ENFORCEMENT; AND ENACT-
ING IN LIEU THEREOF A NEW
SUBSECTION (D) OF SECTION
2A-56 VIOLATION AND PENAL-
TIES, OF PART XXVII, VIOLA-
TION, PENALTIES AND
ENFORCEMENT; AND
BY REPEALING SECTION 2A-57,
ENFORCEMENT, OF PART XXVII,
VIOLATION, PENALTIES AND
ENFORCEMENT; AND ENACTING
IN LIEU THEREOF A NEW SEC-
TION 2A-57, ENFORCEMENT , OF
PART XXVII, VIOLATION, PENAL-
TIES AND ENFORCEMENT; AND
BY REPEALING SUBSECTION (A)
(8) OF SECTION 2A-60 INFORMA-
TION TO BE OBTAINED OR MAIN-
TAINED, OF PART XXIX, DUTIES
AND RESPONSIBILITIES OF THE
BUILDING OFFICIAL OR HIS
OFFICIAL, DESIGNEE; AND
ENACTING IN LIEU THEREOF A
NEW SUBSECTION (A) (8) OF
SECTION 2A-60, INFORMATION
TO BE OBTAINED OR MAIN-
TAINED, OF PART XXIX, DUTIES
AND RESPONSIBILITIES OF THE
CITY PLANNER OR HIS OFFICIAL
DESIGNEE.
BE IT ORDAINED by the City
Council of the City of Waterloo,
Iowa:
-That Subsection (B) Appeals of
Section 2A-52, Conditional Uses,
Appeals and Variances, of Part
XXIII, Board of Adjustment, of the
Waterloo Zoning Ordinance No.
2479 0 as amended, is hereby
repealed in its entirety; that a new
Subsection (B) Appeals of Section
2A-52 Conditional Uses, Appeals
and Variances, of Part XXIII, Board
of Adjustment, of the Waterloo
Zoning Ordinance No. 2479, as
amended, is hereby enacted in lieu
thereof as follows:
B. Appeals - Appeals to the Bo, -
may be taken by any pers
aggrieved or by any officer, dept
ment, board or bureau of the City
Waterloo affected by any decisi,
of the City Planner or designe
Such appeal shall be taken within
reasonable time as provided by It
rules of the Board by filing with th
City Planner or designee and wi
the Board of Adjustment a notice
appeal specifying the grount
thereof. The City Planner
designee shall forthwith transmit
the Board all papers constitutii
the record upon which the actio
appealed from is taken.
An appeal stays all proceedings
furtherance of the action appeak
from unless the City Planner
designee certified to the Boar
after notice of appeals shall hat
been filed with him, that by reast
of the facts stated in the certifica
a stay would, in his opinion, cava
imminent peril to life or property.
such case proceedings shall not t
stayed otherwise than by
restraining order which may t
granted by the Board or by a cot
of record on application of notice the y Planner or designee, alEdi
on due cause shown.
That Subsection (B) Decisions
Section 2A -52A, Hearings and de
sions of the Board of Adjustment,
Part XXIII, Board of Adjustment, V Sthe Waterloo Zoning Ordinance N 2479, as amended, is herel
repealed in its entirety; that a n
Subsection (B) Decisions of Secti
2A -52A, Hearings and Decisions•••the Board of Adjustment, of Pcareful in HaltsXXIII, Board of Adjustment, of 1Waterloo Zoning Ordinance h2479, as amended, is hereby ena
ed in lieu thereof as follows:
B. Decisions In exercising t
above-mentioned powers, t
Board may, in conformity with t
James Lewis/Publisher
O tl David Tansey
Assistant to the publisher
Saul Shapiro/Editor
George Saucer
Managing Editor
Virgil Dahl
Circulation director
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