HomeMy WebLinkAbout3805-08/05/1991ORDINANCE NO. 3805
AN ORDINANCE AMENDING THE WATERLOO ZONING
ORDINANCE NO. 2479, AS AMENDED, BY REPEALING PART
XVIII(A), HIGHWAY CORRIDOR OVERLAY DISTRICT (H -C)
AND ENACTING IN LIEU THEREOF A NEW PART XVIII,
HIGHWAY CORRIDOR OVERLAY DISTRICT, (H -C).
BE IT ORDAINED, by the Council of The City of Waterloo,
Iowa:
That Part XVIII(A), Highway Corridor Overlay District
(H -C), of the Waterloo Zoning Ordinance No. 2479, as amended,
is hereby repealed in its entirety and a new Part XVIII(A),
Highway Corridor Overlay District (H -C), is enacted in lieu
thereof as follows:
PART XVIII(A)
"H -C" Highway Corridor Overlay District
SEC. 2A -43A. GENERAL REGULATIONS.
A. BOUNDARIES
The "H -C" Highway Corridor Overlay District shall
generally include all real property adjacent to, or in close
proximity to Relocated Highway 218. The actual boundaries
are shown on the official zoning map and legally described
in Attachment A.
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 Relocated
Highway 218 Corridor Overlay District. The emphasis of the
Highway Corridor Overlay District is to regulate the
development within the Relocated Highway 218 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 stalls for all types of
vehicles. This definition shall not apply to
covered parking structures or underground parking
lots.
QOUK 297 PAGE 76
Ordinance No. 3805
Page 2
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 new construction, a change in use, or the
following alteration, or enlargement.
1. A 10% addition or 1000 square feet whichever is
less; or
2. Any alteration which causes a substantial change
in the exterior appearance.
BOOK- 297 PAGE 477
Ordinance No. 3805
Page 3
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 February 5, 1990:
The lesser of: Shall require:
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
25% of ordinance requirements
50% of ordinance requirements
75% of ordinance requirements
100% of ordinance requirements
For those projects which are being reviewed as a result
of a proposed substantial change in the exterior appearance,
rather than an increase in the floor area, the landscape
requirements shall be reviewed using the alternative
compliance criteria by the Design Review Board.
In addition to the above this Part shall also apply to
all 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.
This Part shall also apply to any 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.
E. ALTERNATIVE COMPLIANCE
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 recommend approval of the plan to the
design review board only 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;
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
large commercial and industrial projects or projects
difficult sites that are unable to meet the requirements
to
on
as
BOOK 28'I PAGE 478
Ordinance No. 3805
Page 4
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 receive
approval from the City Planner or his/her
designated representative prior to
installation.
b. The owner shall make fiscal arrangements by
bond, certificate of deposit, or a
nonrevocable letter of credit payable to the
City to ensure that the landscaping will be
installed. The City Planner may at his/her
discretion accept other evidence of ability
to pay. The fiscal arrangements shall
reflect the cost of required landscaping, not
yet in place to ensure that such landscaping
will be installed. The owner must also grant
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. Such fiscal
arrangements shall be released when landscape
installation is verified.
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 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches 25 points per inch
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
40 points
30 points
20 points
10 points
f
5 points
BOOK 297 PAGE 479
Ordinance No. 3805
Page 5
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
3. Minimum Requirements
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.
100 points
90 points
80 points
40 points
30 points
20 points
for Designated Zones
b. "C-3" Commercial Zone- The minimum required
landscape area shall be 65 percent of the lot
exclusive of building's 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.
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
BOOK 297 FACES
Ordinance No. 3805
Page 6
(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.
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
owner's 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.
GUUK2 9 7 FAGE 4 b .
Ordinance No. 3805
Page 7
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 Relocated
Highway 218 a screen shall be installed along the lot
line closest to Highway 218. 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 Design Review
Board.
G. SIGN REGULATIONS
GENERAL PROHIBITION: No person shall develop, install,
locate, or construct any sign requiring a permit within the
Highway 218 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.
1. PERMITTED SIGNS
a. ON -PREMISE SIGNS
1. In residential, "U -i", and "A-1"
districts only those signs permitted in
the underlying districts shall be
allowed.
2. COMMERCIAL "C-1" AND "CZ -Ci"
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
BOOT( 297 PAGE `1.
Ordinance No. 3805
Page 8
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.
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.
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
BOOK 297 PAGE 483
Ordinance No. 3805
Page 9
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.
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.
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. (This provision
shall terminate 30 days after the entire U.S.
Highway 218 is open for traffic.)
2. ADDITIONAL SIGN REGULATIONS
Post signs shall be allowed in the front yard or the
yard furthest from Relocated Highway 218 only. Post signs
as forth in this ordinance shall be allowed in the yard
closest to the highway only when they conform as listed.
a. The signs shall have a maximum height of 25'
above the surface of the highway or a maximum
height of 40' above the grade on which they
are mounted whichever is less.
b. Each sign shall have a pole covering in
proportion to its size. The covering shall
be at least 50% of the sign cabinet face
width. The construction of the covering
shall be compatible with the construction of
the building. The design review board shall
BOOK 297 PAGE 401
Ordinance No. 3805
Page 10
have the power to allow creative alternatives
to this requirement.
c. All such signs in the yard closest to the
highway shall be reviewed by the Design
Review Board before a permit is issued.
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
Signs painted directly on buildings
Off -premise roof signs
H. DESIGN REVIEW BOARD
1. PURPOSE
The primary purpose of design review is to insure a
high degree of aesthetics, to promote quality and compatible
development of land uses, buildings, structures and the
physical environment of the community within the highly
visible Relocated Highway 218 Corridor.
Design Review encompasses the examination of the below
criteria with regard to the aesthetics, appearances, and
function of the structure in relation to the site, adjacent
structures and surrounding community.
The Design Review Board and Planning Department shall
review plans based upon Section H-3 as established in this
Section of the Zoning Ordinance. The board must consider
the following as well as the guidelines developed by the
board and approved by the Planning, Programming & Zoning
Commission:
a. The existing and proposed conditions of the
lot, including but not necessarily limited to
topography, vegetation, trees, drainage, and
waterways.
b. The location of all existing and proposed
buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage
facilities, utility services, landscaping
structures, signs, and lighting and screening
devices.
c. The dimensions of all buildings, structures,
BOOK 29' ?ACE -C3o
Ordinance No. 3805
Page 11
setbacks, parking spaces, floor area ratio,
height, lot coverage and any other
information that may be reasonably required
to determine compliance with this Ordinance.
d. Architectural elements of exterior building
surfaces.
e. The proposed structure indicates a
sensitivity to and is compatible with the
environment, adjacent structures, and
enhances the appearance of the surrounding
properties.
f. Access to the site from adjacent roads shall
be designed so as to interfere as little as
possible with traffic flow on Relocated
Highway 218 and to permit vehicles a rapid
and safe ingress and egress to the site.
g. Lighting shall be reviewed to ensure safe
movement of persons and vehicles; for
security purposes and to minimize glare and
reflection on adjacent properties. Buffering
materials shall be reviewed' to ensure that
headlights of vehicles; noise, and light from
structures are purposely shielded from public
view and pedestrian areas.
h. The overall project shall be reviewed for
compliance with the City's Comprehensive Plan
or special plans that apply to or affect the
subject property.
2. DESIGN REVIEW BOARD
a. Powers and Duties
1. The Design Review Board shall be responsible
for reviewing all applications for design
review required under this section.'
2. The Design Review Board shall have the power
to approve or deny applications with or
without conditions. If the application is
denied, the reasons for the denial shall be
stated.
3. The Design Review Board shall create and
maintain a list of design guidelines which it
shall apply to all applications. Said
guidelines may be amended by a majority vote
of the board upon approval of the Planning,
Programming & Zoning Commission.
b. Membership
1. Composition - The Design Review Board shall
be composed of seven (7) regular members and
two (2) ex -officio members. The seven (7)
regular members shall consist of a minimum of
two (2) members at large and a minimum of
three (3) members from the following
diciplines: architecture, landscape
architecture, planning, land development and
the arts. The two (2) ex -officio members
shall be the City Planner and the Building
official.
2. Appointment - All members shall be appointed
by the Mayor in consultation with the
Planning Commission.
BOOK 297 FACE 486
Ordinance No. 3805
Page 12
3. Residency and Place of Business - All regular
members shall reside in or have their primary
place of business in the City of Waterloo,
Iowa.
c. Terms of Office
The term of service on the Design Review
Board shall be two (2) years. Each member shall
serve until the appointment of a successor.
The members of the first Board shall be appointed as
follows: Four members for a term of one year and three
members for a term of two years. Thereafter, every
member appointed shall be appointed to serve a two (2)
year term.
d. Removal
Any Board member who misses more than one (1)
consecutive meeting with no legitimate excuse may
be recommended for removal by the Chair or
Vice -Chair to the mayor.
e. Quorum and Voting
Four (4) regular members shall constitute a
quorum. A majority vote of the quorum shall be
required to approve any application. The Chair
shall have the right to vote on all issues before
the board. Prior to a decision of the board, the
ex -officio members shall submit a recommendation
for each item on the agenda. If an application is
denied the Board shall provide a written statement
to the applicant in support of its finding.
f. Meetings
The Board shall meet monthly or at the call
of the Chairperson or the City Planner. All
meetings shall be open to the public and shall be
conducted in accordance with the rules and
regulations adopted by the Board.
g. Organization
1. The Chairperson and Vice -Chairperson shall be
elected annually from the members of the
Board by a majority vote.
2. The Department of Planning shall provide the
necessary staff to assist the Board in the
performance of its duties.
h. Conflict of Interest
Members of the Board shall be governed by the
applicable provisions of the Iowa Code, as
amended. This provision shall apply from the
installation date of the first Board.
3. DESIGN REVIEW PROCEDURE
a. Application for Design Review
The applicant shall obtain a Design Review
application from the Planning Department which
shall be responsible for the overall coordination
and administration of the Design Review Process.
Once the application and appropriate set(s) of
BOOK 297 PACE 87
Ordinance No. 3805
Page 13
plans have been received by the Planning
Department and determined to be complete, the
Planning Department shall within ten (10) working
days conduct a staff review and prepare a
recommendation to the Design Review Board.
Any applicant requesting a review before the
Design Review Board shall pay, upon the submission
of an application to the Planning Department, a
fee of $75.00. An application pertaining only to
signs shall require a fee of $25.00. If a
deferment or clarification review is requested by
the applicant, a $50.00 fee shall be assessed. If
a deferment or clarification of conditions is
requested by the Board, there will be no
additional fee. If the applicant removes his/her
file from the agenda after it has been accepted by
the Planning Department, the City shall retain the
application fee.
The above fee schedule is required in order
to defray the costs associated with the
Administration of this Section.
All applications must be submitted a minimum
of two weeks prior to thb board meeting to be
considered.
Should a question arise as to compliance with
the conditions as outlined by the Design Review
Board, a clarification review before the Board may
be called by any City Department having
jurisdiction or by the applicant.
Upon receipt of a properly completed
application the Planning Department shall notify
the applicant of the time and place the review
will be held. The Design Review Board shall have
full power and authority to consider any
application subject to design review under this
section and Planning Department recommendation
within a reasonable time from the date of
submission of a complete application to the
Planning Department. The Board shall announce its
decision within three (3) working days of the
review. The Design Review Board shall have
mandatory powers to approve or deny applications
with or without conditions. If an application is
denied, the reasons for the denial shall be
stated.
The Design Review Board may require such
changes in said plans and specifications as in its
judgment may be requisite and appropriate to the
maintenance of a high standard of architecture, as
established by the standards contained in this
Ordinance, the Design Review Board's guidelines
and as more specifically outlined in the City's
Comprehensive Plan and other specific plans
pertaining to the 218 corridor.
Upon approval of an application by the Design
Review Board, the City Planner or his/her
authorized representative shall stamp and sign
three (3) sets of plans. Two (2) sets of plans
shall be returned to the applicant who may only
then submit an application for a building permit.
The remaining approved plan shall be part of the
Board's official record and shall be maintained on
file with the Planning Department.
BOOK 297 FACE 4S
Ordinance No. 3805
Page 14
b. Exemptions
Exemptions to these regulations include the
following:
1. All permits for plumbing, heating, air
conditioning, elevators, fire alarms and
extinguishing equipment, and all other
mechanical and electrical equipment when such
work is entirely within the interior of the
building; however, the City Planner may
approve such building permit applications for
minor work on the exterior of buildings.
2. Any permit necessary for the compliance with
a lawful order of the City related to the
immediate public health or safety.
3. All permits for interior alterations and
repairs.
4. All permits for demolition or wrecking.
5. All one and two family residential properties
and accessory uses incidental to the
principal permitted ;use, except those
properties of historic significance which
shall be reviewed by the Historic
Preservation Commission according to Chapter
18 1/2 of the Waterloo Code of Ordinances.
4. BUILDING PERMIT APPLICATION
The applicant or his/her authorized agent shall make
application for a building permit. The application shall
include, at a minimum, the two (2) sets of plans which were
approved by the Design Review Board and stamped and signed
by the City Planner or his/her authorized representative.
No building permit, certificate of occupancy,
certification of completion, or occupational license shall
be issued unless all the plans, including amendments, notes,
revisions, or modifications have been approved by the City
Planner. Minor modifications to plans that have been
approved by the Design Review Board will be permitted when
approved by the City Planner or his/her designated
representative.
No building permit shall be issued for any plan subject
to design review except in conformance with the approved
plans. The applicant shall have up to one (1) year from the
date of design plan approval to obtain all necessary
building permits needed to proceed with construction. If
the applicant fails to obtain said building permit(s) within
the time period, all staff and Design Review Board approvals
shall be null and void and the applicant shall be required
to reinitiate the design review process; however, an
extension for cause, not to exceed one (1) year, may be
granted by the Board.
An applicant may submit an application for a building
permit simultaneously with a design plan review in order to
expedite processing; however, no building permit shall be
issued until the final design plan has been stamped and
signed by the City Planner or his/her authorized
representative in accordance with this Ordinance.
BOOK 297 FACE 4U9
Ordinance No. 3805
Page 15
5. SPECIAL REVIEW PROCEDURE
For minor work associated with alterations and
additions to existing buildings, or the construction repair,
or alteration of new or existing walls, at grade parking
lots, fences, and signage, the City Planner or his/her
designated representative, shall have the authority to
approve, approve with conditions or deny an application on
behalf of the Design Review Board. Appeal of the City
Planner's finding shall be considered by the Board at the
next regular meeting date.
6. APPEAL
The applicant or any city department having
jurisdiction may appeal any decision of the Design Review
Board to the Board of Adjustment pursuant to Part XXIII of
the Zoning ordinance.
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
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 time extension from the Design
Review Board.
2. For Properties located adjacent to the
Right -of -Way of;
a. Relocated Highway 218, or;
b. any service or frontage road serving
Relocated Highway 218, or;
c. the railroad if the Railroad property is
adjacent to 218 or Bluff Street;
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 Design Review Board.
BOOK 297 PACE 490
Ordinance No. 3805
Page 16
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 REQUIREMENT
1. To achieve the goals of this section, the setback
requirement shall be fifty feet (50') for all
structures adjacent to:
a. Relocated Highway 218, or;
b. Any service or frontage road serving
Relocated Highway 218, or
c. The railroad if the Railroad property is
adjacent to 218 or Bluff Street;
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. For properties located adjacent to Bluff Street
the building setback line shall be twenty-five feet
(25'); the setback area shall be used for open space
only. No parking or other use shall be allowed in the
setback area.
3. For the "C-3" Commercial District the building
setback requirements for property adjacent to Relocated
Highway 218 right-of-way or to the right-of-way of any
service or frontage road servicing Relocated Highway
218 shall be twenty-five feet (25'). This setback area
shall be used for open space only, except that parking
shall be allowed to begin twelve and one-half feet
(12.5') from the property line.
4. 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. Any proposed
expansion of an existing non -conforming structure
between the existing building line and the required
setback line shall be allowed only upon approval of the
Design Review Board.
5. For properties which are located in C-1 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
BOOK 297 FACE 491
Ordinance No. 3805
Page 17
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 through the design review
process.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
July 15, 1991
July 15, 1991
July 22, 1991
August 5, 1991
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 5th day of August, 1991, and approved
by the Mayor on the 7th day of August, 1991.
ATTEST:
Michelle Temeyer, Deputy
Bernard L. McKi`hley, Mayor
ivve
erk/Auditor
CERTIFICATE
I, Michelle Temeyer, Deputy Clerk/Auditor of the City
of Waterloo, Iowa, do hereby certify that attached hereto is
a true and complete copy of Ordinance No. 3805, as passed
and adopted by the Council of the City of Waterloo, 'Iowa, on
the 5th day of August, 1991.
Witness my hand and seal of office this 7th day of
August, 1991.
[[ %` / I
Michelle Temeyer, DePuy C'ldrk/Auditor
BOOK 297 FACE 482
Ordinance No. 3805
Page 18
ATTACHMENT "A"
Commencing at a point 300 ft. westerly of the intersection
of Corporate City limits and Highway 218 South, thence
continuing 300 ft in even width northerly along Highway 218
and then westerly along 1-380 to Hess Road. Thence
northerly along Hess Road and La Porte Road to the
intersection of East Mitchell Ave. thence westerly along E.
Mitchell Ave. to the intersection of Dena St. if extended,
thence northerly along Dana St. to Byron Ave. thence
westerly on Byron Ave to Wisconsin St. thence northerly
along Wisconsin St. to Hawthorne Ave. thence Westerly along
Hawthorne Ave. to Ohio St. thence northerly on Ohio St to
Forest Ave. thence westerly on Forest Ave. to Minnesota St.
thence northerly along Minnesota St. to Bertch Ave. thence
westerly along Bertch Ave. to Oregon St. thence northerly
along Oregon St. to Williston Ave. thence Westerly along
Williston Ave. to Linwood Ave. thence northerly along
Linwood Ave. to South St. thence following South St.
westerly to West Mullan Ave thence continuing westerly on
Leland Ave. to Sunnyside Ave. thence southerly on Sunnyside
Ave. to Randall St. thence westerly on Randall St. to
Oaklawn Ave. thence southerly on Oaklawn Ave. to West
Wellington thence westerly on West Wellington if extended to
Black Hawk Creek, thence northerly along Black Hawk Creek to
Falls Ave. thence westerly on Falls Ave. to Fletcher Ave.
thence northerly on Fletcher Ave. to Harwood Ave. thence
northwesterly along Harwood Ave. to Knoll Ave. thence
northerly on Knoll Ave. to Rock Island Ave. thence westerly
on Rock Island Ave. to Englewood Ave. thence northerly on
Englewood Ave. to Bismark Ave. thence westerly on Bismark
Ave. to Magnolia Parkway. Thence northerly on Magnolia
Parkway to Stratford Ave. thence westerly on Stratford Ave.
to Kirkwood Ave. thence northerly on Kirkwood Ave to Upton
Ave. thence westerly on Upton Ave. to Galloway Ct. thence
northerly on Galloway Ct. to Maynard Ave. thence
northwesterly on Joy Dr. to Gayle St. thence northerly on
Gayle St. to CC & P Railroad thence northwesterly along
railroad to intersection of Faber Road if extended thence
southerly to Rainbow Dr. thence westerly to a point 300 Ft.
westerly of intersection of Rainbow Dr. and Greenhill Road
thence following Highway 218 North ROW northerly and
westerly 300 Ft. in even width to West Corporate Limits
thence northerly to a point 300 Ft. north of ROW thence
easterly 300 Ft. in even width to 300 Ft. westerly of
Airport Blvd. thence northerly 300 Ft. in even width to West
Airline Highway thence easterly along West Airline Highway
to a point 300 Ft. easterly of Airport Blvd. thence
southerly in 300 Ft even width to Cedar River thence
following the Cedar River to the By -Pass Channel thence
follow the By -Pass Channel to Conger St thence southwesterly
on Conger St. to Westfield Ave. thence along Westfield Ave.
to River Road thence continue on River Road to West Mullan
Ave. thence continuing on Commercial Ave. to West Second St.
thence southwesterly on West Second St. to Jefferson St.
thence southeasterly on Jefferson St. to West Tenth Street
thence northeasterly on West Tenth St. to Commercial. St.
thence southeasterly on Commercial St to West Twelfth St.
thence southwesterly on West Twelfth St. to Jefferson St.
thence southeasterly on Jefferson St. to West Seventeenth
St. thence northeasterly on West Seventeenth St. to
Commercial St. thence southeasterly on Commercial St. to
West Nineteenth St. thence southwesterly on West Nineteenth
St. to Jefferson St. thence southeasterly on Jefferson St to
La Porte Rd. thence continuing on Paper Mill St. to Gladys
St. thence southerly on Gladys St. to Hawthorne Ave. thence
from Hawthorne Ave. along Sheffield Ave. if extended to East
Mitchell Ave. thence westerly along E. Mitchell Ave. to
Birmingham Ave. and IN Railway thence southeasterly on
Ordinance No. 3805
Page 19
Railway ROW to 300 Ft. northerly of I-380 thence easterly
300 ft in even width to Corporate Limits thence southerly
along Corporate Limits the 300 Ft southeasterly of I-380 ROW
thence continuing southwesterly to intersection of Cedar
Terrace Dr. and Texas St. thence following Texas St. to East
Shaulis Road thence from East Shaulis Rd. in 300 Ft. even
width to Corporate Limits
Misc
INDEXED
COMPARE®
PAGED
41 447
BLACK HAWK COUNTY, IOWA:SS
Filed for record Aug 28 19 91
at 11:00 A M, and recorded `1
Misc !k 297
Page 476
Recorder
Ueputy
Fee 95.00/
CITY OF WATERLOO IA
CLERK/AUDITOR'S OFFICE
—2:3)( 297 PAGE 494
STATE OF IOWA -1
driveways, loading areas, se.'
B! is Haw's areas, and icof le . This ds e}'
K Hawk CrV shallsnot apply f to covered park
structures or underground park
sion may be applied to largecom-
mercial and industrial projects or
projects on diff cult sites that are
unable to meet the requirements as
stated in this Part. In all cases, pro-
jects so approved must satisfy the
findings described above.
F. LANDSCAPE REQUIREMENTS
1. Submittal Procedures
a. Submittals for landscape
approval shall include a separate
p anting plan showing type, size,
and number of plantings; a site plan
showing total area and total land-
scaped area and any
supplementary information as
required to demonstrate confor-
mance to the landscape require-
ments. Any deviations from the
approved landscape plan must
receive approval from the City Plan-
ner or his/her designated represen-
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The City Planner may pro-
s requirements herein, based
he nature and extent of atter-
and additions. For projects
cated above, no certificate of
rncy, or building permit shall
red unless such development
t is found to be in confer -
with this Division.
- ERNATIVE COMPLIANCE
ity Planner or a designated
. entative shall be solely
sibte for administering this
n. In a case where a plan
of comply with the provisions
Division, the City Planner or
;naiad representative may
nand approval of the plan to
review board only if the
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tative prior to installation.
b. The owner shall make fiscal
arrangements by bond, certificate of
deposit, or a nonrevocable letter of
credit payable to the City to ensure
that the landscaping will be
installed. The City Planner may at
his/her discretion accept other evi-
dence of ability to pay. The fiscal
arrangements shall reflect the cost
of required landscaping not yet in
place to ensure that such land-
scaping will be installed. The
owner must also grant the City or its
licensed and contracted agent the
right to enter upon the land for the
purposes of installing the required
andscaping, in the event that such
landscaping is not in place by the
date specified in the agreement.
Such fiscal arrangements shall be
released when landscape installa-
tion is verified.
2. Measured Compliance
The following point schedule and
conditions apply to required land-
scaping in all zones and shall be
used in determining achieved points
for required planting:
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more than 4
inches 25 points per inch
Understory Trees
2 inch caliper or greater 40 points
1.50 inch caliper or greater
30 points
1 inch caliper or greater 20 points
Shrubs
5 gallon or greater 10 points
2 gallon or greater 5 points
Conifers
10 foot height or greater 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 Des-
ignated Zones
a. "R" Zones- The minimum
required landscape area shall be 65
percent of the lot exclusive of build-
ings. The yard shall be planted with
a combination of trees and shrubs
to achieve a minimum of .05 points
per squara foot of the landscaped
area.
b. C-3" Commercial Zone- The
minimum required landscape area
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 wail signs. For the purpose of
this part signs painted on awnings
and signs mounted on mansards
shall bo considered as wall signs.
3. COMMERCIAL "C-2" AND ALL
OTHER ZONING CLASSIFICA-
TIONS
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 fol-
lowing conditions:
1. The property has at least one
hundred fifty feet (150') of continu-
ous 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.
Strip malls and multiple businesses
under common ownership that
share common parking, access, or
structures, shall be treated as a sin-
gle properly for the purposes of this
section.
For multiple businesses under
diverse ownership that share com-
mon 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 singleost sign in that zone.
3. A sign plan sowing 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
create and maintain a list of design
guidelines which it shall apply to all
applications. Said guidelines may
be amended by a majority vote of
the board upon approval of the
Planning, Programming & Zoning
Commission.
b. Membership
1. Composition - the Design
Review Board shall be composed of
seven (7)regular members and two
(2) ex-oficio members. The seven
(7) regular members shall consist of
a minimum of Iwo (2) members at
large and a minimum of three (3)
members form the following disci-
plines: architecture, landscape
architecture. planning, land devel-
opment and the arts. The two (2)
ex-offcio members shall be the City
Planner and the Building official.
2. Appointment - All members
shall be appointed by the Mayor in
consultation with the Planning Com-
mission.
3. Residency and place of Busi-
ness - All regular members shall
reside in or have their primary place
of business in the City of Waterloo,
Iowa.
c. Terms of Office
The terms of service on the Design
Review Board shall be two (2)
years. Each members shall serve
until the appointment of a succes-
sor.
The members of the first Board
shall be appointed as follows: Four
members (or a term of one year and
three members for a term of two
years. Thereafter, every member
appointed shall be appointed to
serve a two (2) year term.
d. Removal
Any Board member who misses
more than one (1) consecutive
meeting with no legitimate excuse
may be recommended for removal
by the Chair or Vice -Chair to the
mayor.
e. Quorum and Voting
Four (4) regular members shall con-
stitute a quorum. A majority vote
of the quorum shall be required to
approve any application. The Chair
shall have the right to vo a on all
issues before the board. Prior to a
decision of the board, the ex -officio
members shall submit a recommen-
dation for each item on the agenda
if an application is denied the Board
shall provide a written statement to
the applicant in support of its find -
cation for a building permit simulta-
neously with a design plan review in
order to expedite processing; how-
ever, no building permit shall be
issued until the final design plan
has been stamped and signed by
the City Planner or his/her autho-
rized representative in accordance
with this Ordinance.
5. SPECIAL REVIEW PROCE-
DURE
For minor work associated with
alterations and additions to existing
buildings, or the construction repair,
or alteration of new or existing
walls, at grade parking lots, fences,
and signage, the City Planner or
his/her designated representative.
shall have the authority to approve.
approve with conditions or deny an
application on behalf of the Design
Review Board. Appeal of the Crty
Planner's finding shall be consid-
ered by the Board at the next regu-
lar meeting date.
6. APPEAL
The applicant or any city depart-
ment having jurisdiction may appeal
any decision of the Design Review
Board to the Board of Adjustment
pursuant to Part XXIII of the Zoning
Ordinance.
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 pre-
clude the use of the landscaped
screen.
The materials subject to this
requirement include, but are not
limited to the following•
used tires
scrap metal
bulking materials and supplies
sign materials
concrete forms
used sign panels
junk or salvage vehicles
inoperable vehicles
partially scrapped vehicles
vehicles waiting for repair for more
than 30 days
salvage or inoperable appliances
all similar materials
Existino properties used for the