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HomeMy WebLinkAbout4976-11/25/20094 ` I This Ordinance prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4976 AN ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED FEBRUARY 3, 1969, BY: ADDING SUBSECTION 5.2, ALCOHOL SALES, OF SECTION 2A-3, DEFINITIONS, OF PART III, DEFINITIONS, AND REPEALING SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 2A-24,' REGULATIONS, OF PART XII, "C-1" COMMERCIAL DISTRICT; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 2A-24, REGULATIONS, OF PART XII, "C-1" COMMERCIAL DISTRICT, AND INSERT A NEW SUBSECTION 3, ALCOHOL SALES, OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 2A-27, REGULATIONS, OF PART XIII, "C-2" COMMERCIAL DISTRICT, AND RENUMBER THE SUBSEQUENT SUBSECTIONS ACCORDINGLY, AND REPEALING SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 2A-30, REGULATIONS, OF PART XIV, "C-3" COMMERCIAL DISTRICT; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 2A-30, REGULATIONS, OF PART XIV, "C-3" COMMERCIAL DISTRICT, AND REPEALING SUBSECTION 1 PRINCIPAL PERMITTED USES, REGULATIONS, OF PART INDUSTRIAL DISTRICT; AND THEREOF A NEW SUBSECTION PRINCIPAL PERMITTED USES, REGULATIONS, OF PART INDUSTRIAL DISTRICT, AND OF SUBSECTION A, OF SECTION 2A-33, XV, "M-1" LIGHT ENACTING IN LIEU 1 OF SUBSECTION A, OF SECTION 2A-33, XV, "M-1" LIGHT ADDING SUBSECTION 5, ALCOHOL SALES, OF SUBSECTION A, PRINCIPAL PERMITTED USES, OF SECTION 2A-37, REGULATIONS, OF PART XVI, "M- 2" HEAVY INDUSTRIAL DISTRICT, AND ADDING SUBSECTION 15, ALCOHOL SALES, TO SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS, AND ADDING SUBSECTION Q, LIMITED ALCOHOL SALES, TO SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS, OF PART XXIV, SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. Ordinance No. 4976 Page 2 Be it ordained by the City Council of the City of Waterloo that the City of Waterloo Zoning Ordinance No. 2479, as amended, is amended as set out herein, repealing those sections that the minutes indicate are being replaced and setting forth the amendment or replacement sections, and further amending the Ordinance by adding amendments as set out herein. Said Ordinance, as amended, shall apply to all lands lying within the corporate limits of the City of Waterloo, Black Hawk County, Iowa. This Ordinance shall be in full force and effect after its final passage and publication as provided by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection 5.2, Alcohol Sales, of Section 2A-3, Definitions, of Part III, Definitions, is hereby added as follows: 5.2 Alcohol Sales: The sale of alcohol and alcoholic beverages, including but not limited to liquor, beer or wine in closed containers intended for off-site consumption; and alcoholic beverages, including cocktails, shots, wine, beer, and any part of an alcoholic beverage intended for on-site consumption, as defined in Chapter 123 of Iowa Code. (a) Protected Use: Protected uses include a building in which a majority of floor space is used for residential purposes; a day care center where such day care center is a principal use; a house of worship; a public library; an elementary, junior high or high school (public, parochial or private); public park; public recreation center or public specialized recreation facility as identified in the parks and recreation element of the Waterloo Comprehensive Plan; a civic/ convention center; a community residential facility; a mission. However, this definition shall not apply if the protected use is a legal non -conforming use. (b) Limited Alcohol Use: A limited alcohol use is any business that derives income from alcohol sales as defined above, provided that more than fifty (50) percent of its gross income is derived from and more than seventy-five (75) percent of its floor space is devoted to the sale of merchandise other than liquor, wine, beer or other alcoholic beverage and without regard to the sale of any petroleum products. If such limited alcohol use is a restaurant, then more than fifty (50) percent of its gross income shall be derived from the sale of prepared food. That Subsection A, Principal Permitted Uses, of Section 2A- 24, Regulations, of Part XII, "C-1" Commercial District, is hereby repealed in its entirety; that a new Subsection A, Principal Permitted Uses, of Section 2A-24, Regulations, of Part XII, "C-1" Commercial District, is hereby enacted in lieu thereof as follows: Ordinance No. 4976 Page 3 A. Principal Permitted Uses: 1. Any use permitted in the "R-4" District. 2. Halfway (Rehabilitation) Houses, upon approval of a special permit by the Board of Adjustment after review by the City Planning, Programming, and Zoning Commission. The Rehabilitation (Halfway) House shall be at least 600 feet from a one or two family home, and one -thousand (1,000) feet from a school, adult use, Family Home, Group Home, or another Rehabilitation (Halfway) House. [Ordinance 4554, 6/3/021 3. Group Homes [Ordinance 4554, 6/3/021 4. Any retail business or service establishment such as the following: Animal Hospital or Veterinary Clinic, provided all phases of the business conducted upon the premises be within a building where noises and odors are not evident to adjacent properties Antique Shop Apparel Shop Bakery, retail only Barber Shop or Beauty Parlor Bicycle Shop Bookstore Candy Shops, retail only Car Wash Clothes Cleaning and Laundry Pickup Stations Collection Office or Public Utility Commercial Parking Lots for passenger vehicles in accordance with the provisions of Section 2A-45 Convenience Store Dairy Store, retail only Dance and/or Music Studio Dry Goods Store Drug Store Financial Institution Florist and Nursery Shop, retail only Ordinance No. 4976 Page 4 Fruit and Vegetable Market Furniture Store Gasoline Stations Gift Shop Grocery Hardware Store Hobby Shop Household Appliances, sale and repair Jewelry Store Landscape Gardener Launderette Meat Locker, storage and retail sales only Music Store Paint and Wallpaper Store Post Office Substation Photographic Studio Radio and Television Sales and Service Soda Fountain Shoe Repair Shops Sporting Goods Tailor Shop Theaters Variety Store 5. Any retail business or service establishment listed above that is also a limited alcohol use as defined herein provided that such use is at least 100 feet from the building structure to the property line of any protected use which distance shall be measured in a straight line from the closest point of the property line in which is located an aforementioned protected use to the nearest part of the structure used for alcohol sales. For the establishment of new limited alcohol use locations, fencing or other approved screening shall be constructed along the property line with any abutting protected use, unless determined by the City Planner or designee to be infeasible. No limited alcohol use shall sell or Ordinance No. 4976 Page 5 dispense alcoholic beverages via a drive-through or walk-up window or any similar drive -up or drive-in system. 6. Business or professional office and the like not included in above list supplying commodities or performing services primarily for residents of the neighborhood subject to the administrative review and approval of the Planning, Programming and Zoning Commission staff. If the staff feels that the proposed change is significant in nature, they may submit the proposal to the City Council for its review and approval. That a new Subsection 3, Alcohol Sales, of Subsection A, Principal Permitted Uses, of Section 2A-27, Regulations, of Part XII, "C-2" Commercial District, is hereby inserted and the following subsections renumbered according, as follows: 3. Alcohol Sales, provided that no alcohol sales use shall sell or dispense alcoholic beverages via a drive- through or walk-up window or any similar drive -up or drive-in system and provided that such uses are at least 100 feet measured from the nearest part of the building structure or outdoor service area of an alcohol sales use to the closest point of the property line of any protected use, upon approval of a special permit by the Board of Adjustment after recommendation of the City Planning, Programming, and Zoning Commission. Fencing or other approved screening shall be constructed along the property line with any abutting protected use, unless determined by the City Planner or designee to be infeasible. Except that a special permit shall not be required if: (1) Such use is located along a principal arterial or interstate according to the Urban Federal Functional Classification System prepared by IDOT and are more than 250 feet measured from the nearest part of the building structure or outdoor service area of an alcohol sales use to the closest point of the property line of any protected use; or (2) Such use is a limited alcohol use as defined herein. That Subsection A, Principal Permitted Uses, of Section 2A- 30, Regulations, of Part XIV, "C-3" Commercial District, is hereby repealed in its entirety; that a new Subsection A, Principal Permitted Uses, of Section 2A-30, Regulations, of Part XIV, "C-3" Commercial District, is hereby enacted in lieu thereof as follows: A. Principal Permitted Uses: 1. Any use permitted in the "C-2" District 2. Alcohol Sales, provided that no alcohol sales use shall sell or dispense alcoholic beverages via a Ordinance No. 4976 Page 6 drive-through or walk-up window or any similar drive -up or drive-in system. 3. Automobile Body or Fender Repair Shop 4. Department Store 5. Exterminator Sales 6. Hotels [Ordinance 4554, 6/3/02] 7. Lumber Yards or Building Material Sales Yards 8. Manufacturing or Treatment of Products clearly incidental to the conduct of a retail business conducted on the premises 9. Office Buildings 10. Printing and/or Publishing Houses 11. Storage Warehouse or Business 12. Tire Shop, including vulcanizing and retreading 13. Transportation Passenger Terminals 14. Wholesale Warehouse or Business That Subsection 1 of Subsection A, Principal Permitted Uses, of Section 2A-33, Regulations, of Part XV, "M-1" Light Industrial District, is hereby repealed in its entirety; that a new Subsection 1 of Subsection A, Principal Permitted Uses, of Section 2A-33, Regulations, of Part XV, "M-1" Light Industrial District, is hereby enacted in lieu thereof as follows: 1. Any use permitted in the "C-3" District, except that alcohol sales shall meet the regulations of the "C-2" Commercial District and except that no occupancy permit shall be issued for any school, hospital, clinic, or other institution for human care, or new dwelling except where physically attached and a part of another permitted use. This restriction shall apply to new dwellings only, and shall not prohibit the rehabilitation, reconstruction, or rebuilding of dwellings in industrial districts that were legally built prior to adoption of this ordinance. Furthermore, any such legally established dwelling may be rebuilt, if damaged or destroyed, on the same lot as legally established, provided that all other rules and regulations of this Ordinance are met. For the purposes of this ordinance, any such legally established dwelling is not considered a non- conforming use as defined herein, but is considered a legal use as described in this paragraph. That Subsection 5, Alcohol Sales, of Subsection A, Principal Permitted Uses, of Section 2A-37, Regulations, of Part XVI, "M-2" Heavy Industrial District, is hereby added as follows: Ordinance No. 4976 Page 7 S. Alcohol Sales, provided said use meets the regulations of the "C-2" Commercial District. That Subsection 15, Alcohol Sales, of Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications, of Part XXIV, Special Provisions, Exceptions and Modifications, is hereby added as follows: 15. Alcohol Sales when not located along a principal arterial or interstate according to the Urban Federal Functional Classification System prepared by IDOT, or when located less than 250 feet measured from the nearest part of the building structure or outdoor service area of an alcohol sales use to the closet point of the property line of any protected use, when meeting the following minimum requirements: a. Where the business, when operated in conformance with such reasonable conditions as may be imposed by the Board of Adjustment, satisfies the following criteria: (1) The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area. (2) The business uses landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential or protected uses. (3) The business will not unduly increase congestion on the streets in the adjoining residential area. (4) The operation of the business will not constitute a nuisance. b. Any special permit so granted by the Board of Adjustment shall be subject to the following general conditions, together with any additional special conditions required by the Board of Adjustment as appropriate: (1) Any parking area provided for the use of customers of the business shall be illuminated to appropriate standards found in the City of Waterloo Municipal Code. Parking lot lighting shall be directed away from nearby residential properties and city streets. (2) The business shall comply with the City of Waterloo Municipal Code pertaining to noise control. Ordinance No. 4976 Page 8 (3) Attractive litter and trash receptacles shall be located at convenient locations inside and outside the premises. (4) The special permit is subject to amendment or revocation if the operation of the business becomes a nuisance or exhibits a pattern of violating the conditions set forth in the special permit. (5) If the zoning officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions set forth in the special permit, the zoning officer may apply to the Board of Adjustment to reconsider the issuance of the special use permit for such business. A copy of such application to reconsider and notice of the hearing before the Board of Adjustment on such application shall be provided to the owner of such business at least ten days in advance and shall also be provided to all owners of record of property within two hundred fifty (250) feet of the subject property. If the Board of Adjustment finds that the operation of such business exhibits a pattern of violating the conditions set forth in the special permit, the Board of Adjustment shall have the authority to amend or revoke the special use permit. That Subsection Q, Limited Alcohol Sales, of Section 2A-48, Exceptions and Modifications, of Part XXIV, Special Provisions, Exceptions and Modification, is hereby added as follows: Q. Limited Alcohol Sales Pursuant to the authority vested in the City by Section 123.39 of the Iowa Code and in furtherance of the City's prerogative to regulate the location of alcohol uses for the health, welfare and morals of the community, any limited alcohol use as defined herein is subject to the requirements of this section. Upon request of the police chief at any time, but not more frequently than semi-annually, a business that is a limited alcohol use shall provide such information as the police chief may, in his reasonable discretion, require as proof that the business satisfies the conditions to be a limited alcohol use. Proof may consist of, but is not limited to, tax forms filed with the Iowa Alcoholic Beverages Division, sales register or point-of-sale system reports, and/or income statements. Any information provided by the business shall be certified as accurate and complete under penalty of perjury. If the business fails to provide the requested information within thirty (30) days after request, then such business shall be deemed to be an unlawful use and shall be subject to the enforcement provisions of this ordinance. If audit of the provided information indicates that the business fails to satisfy the conditions to qualify as a limited Ordinance No. 4976 Page 9 alcohol use, either on the basis of the preceding twelve (12) months viewed as a whole or the most recent three (3) months viewed as a whole, then deemed to be an unlawful use and n enforcement provisions of this ordi demonstrates that the business exce (10) percent any of the numerical s alcohol use, then the use shall be the business shall pay all cost audit. The city clerk shall dema the audit costs and expenses by mi for reimbursement to the owner. ordinary mail. Said demand shall upon mailing and shall become de: within thirty (30) days of the notice. Without prejudice to methods of collection, any delinc such business may be iy be subject to the 'lance. If the audit ads by more than ten .andards of a limited teemed a nuisance and and expense of the -id reimbursement for iling written demand Notice shall be by be due and payable inquent if not paid late of mailing the Lny other available .lent amounts may be assessed against the property for collection in the same manner as a property tax, as provided in state law. The audit requirements of this subsection are in addition to any affidavit or agreement that may be required by the City Planner or his designee with respect to the status of the business as a limited alcohol use. INTRODUCED: November 9, 2009 PASSED 1ST CONSIDERATION: November 9, 2009 PASSED 2ND CONSIDERATION: November 16, 2009 PASSED 3' CONSIDERATION: November 23, 2009 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 23rd day of November, 2009, and approved by the Mayor on the 25th day of November, 2009. ATTEST: e fix AI& Carol Failor Deputy City Clerk Tim Hurley, Mayor CERTIFICATE I, Carol Failor, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4976 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 23rd day of November, 2009. Witness my hand and seal of office this 25th day of November, 2009. SEAL Carol Failor Deputy City Clerk