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HomeMy WebLinkAbout3755-12/10/1990ORDINANCE NO. 3755 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2479, AS AMENDED, BY: REPEALING SUBSECTION (32) DAY NURSERY OR NURSERY SCHOOL OF 2A-3, DEFINITIONS, OF PART III; AND ENACTING IN LIEU THEREOF NEW SUBSECTION (32) DAY CARE; ADDING SUBSECTION (7) DAY CARE SERVICES TO SUBSECTION B, ACCESSORY USES, OF 2A-11, REGULATIONS, OF PART VII, "R-1" RESIDENCE DISTRICT; AND BY REPEALING SUBSECTION (5) OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF 2A-17, REGULATIONS, OF PART IX, "R-3" MULTIPLE RESIDENCE DISTRICT; AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION (5) OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF 2A-17, REGULATIONS, OF PART IX, "R-3" MULTIPLE RESIDENCE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (32) Day Nursery or Nursery School of 2A-3, Definitions, of Part III, of Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that new Subsection (32) Day Care is hereby enacted in lieu thereof as follows: (32) Day Care: Day Care, as used in this Ordinance, shall be defined as either Family or Group Day Care, as defined by the Code of Iowa: Family Day Care means a person or program which provides child day care to fewer than seven (7) children at any one time or fewer than twelve (12) children at any one time for a period of less than two (2) hours, but shall not do so unless the home does not provide care at any one time for more than six (6) children who are not attending school full time on a regular basis. In determining the number of children cared for at any one time in a registered or unregistered day care home, if the person who operates or establishes the home is a child's parent, guardian, relative, or custodian and the child is not attending school full time on a regular basis, the child shall be considered to be receiving child day care from the person and shall be counted as one of the children cared for in the home. A Group Day Care means a facility providing child day care for more than six (6) but fewer than twelve (12) children, with no more than six (6) children at one time being less than six (6) years of age. That Subsection (7) Day Care Services of Subsection B, Accessory Uses, of 2A-11, Regulations, of part VII, "R-1" Residence District, of the Zoning Ordinance, is hereby added as follows: 7. Day care services shall be permitted provided the following conditions are met: (a) The day care service shall be atleast six hundred (600) feet from an area designated by the Black Hawk County Health Department to be a health problem for children. (b) If the day care property is located on a major, minor arterial, or collector street as designated on the Waterloo Functional Classification System BOOK 293 PAGE 822 Ordinance No. 3755 Page 2 map, access to the day care property must be gained from a public alley or driveway that allows a vehicle to re-enter the street in a forward movement only. (c) The day care service shall be in compliance with all state laws pertaining to child day care services. (d) There shall be no more than sixteen (16) children in a twenty-four (24) hour period in a day care service. (e) No signs shall be permitted pertaining to the day care service and no noises shall be generated beyond that allowed by the City of Waterloo Noise Ordinance. (f) Where a day care provider's property is not accessible from a street as defined in (b) above, the traffic generated by that day care service shall not impede traffic flow on any other street by reducing traffic movement below two moving lanes. (It is the responsibility of the day care service to inform those using his/her day care services of this requirement.) (g) No day care service shall be located less than three hundred (300) feet from another day care service as measured from the nearest exterior boundaries of the day care properties. That Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District, of the Zoning Ordinance, is hereby repealed in its entirety; that a new Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District, of the Zoning Ordinance, is hereby enacted in lieu thereof as follows: (5) Nursing and convalescent homes, hospitals, excepting animal hospitals and clinics. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: December 10, 1990 December 10, 1990 December 10, 1990 December 10, 1990 PASSED AND ADOPTED by the City Council on this 10th of December, 1990, and approved by the Mayor this 12th of December, 1990. ATTEST: _Ltd ar• P. :urger, Ci % Clerk/Auditor Bernard L. CERTIFICATE cinley, yor day day I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3755, as passed and adopted by the Council of the City of Waterloo, Iowa, on the BOOK 293 PACE 893 Ordinance No. 3755 Page 3 10th day of December, 1990. Witness my hand and seal of office this 12th day of December, 1990. rger, CAf Clerk/Auditor Misc WDEXCO COMPARE0 t-01 PAGE1cy 8903 BLACK HAWK COUNTY, IOWA:SS Filed far record Dec 21 19 90 at 1:45 P kl, and recorded in c-, Misc Book 293 Page 822 CD Recorder Deputy NT 15.00 x City of Waterloo Clerk/Auditor Office BOOK 293 PAGE 824 STATE OF IOWA 55 I34a::kHawkCo»pte nesic»+� ence uistrict, of the Ordinance No. 3755 uw I do solemnly swear that the annexed copy of LEGAL -City of Waterloo ORDINANCE NO. 3755 AN ORDINANCE AMENDING ZONING GRDINANCE NO. 2479, AS AMENDED, BY: REPEALING SUBSECTION (32) DAY NURSERY OR NURSERY SCHOOL OF 24-3, DEFINITIONS, OF PART III; AND ENACTING IN ' LIEU THEREOF NEW SUBSEC- TION (32) DAY CARE; ADDING SUBSECTION (7) DAY CARE SERVICES TO SUBSEC- TION B, ACCESSORY USES, OF 2A-11, REGULATIONS, OF PART VII, "R-1" RESIDENCE DISTRICT; AND BY REPEALING SUBSECTION (5) OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF 2A-17. Zoning Ordinance, is hereby repealed in its entirety; that a new Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multi- ple Residence District, of the Zon- ing Ordinance, is hereby enacted in lieu thereof as follows: (5) Nursing and convalescent homes, hospitals, excepting animal hospitals and clinics. INTRODUCED: December 10, December 28, 1990 1990. PASSED 1ST CONSIDERATION: December 10, 1990. PASSED 2ND CONSIDERATION: December 10, 1990. PASSED 3RD CONSIDERATION: I December 10, 1990. PASSED AND ADOPTED by the City Council on this 10th day of December, 1990, and approved by the Mayor this 12th day of Decem- ber, 1990. 'Bernard L. McKinley, Mayor ATTEST: Larry P. Burger, City Clerk/Auditor. notice was published in the Waterloo �ouricr a daily newspaper printed in Waterloo, Black Hawk County, Iowa once w MA GO.41410101iNk commencing on the 28 day of December 19 90 in the issues of 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 $ / Signed Subscribed and sworn to before me this 018 ^ A day of .Q.CPiv��2 AD, 19 k0/24/1 --0,L0— gtz4-&& Notary Public Received of the sum of Dollars in full for publication of the above notice.