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HomeMy WebLinkAbout07/23/2012 Council Work Session July 23, 2012 4:30 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and Amendment to Code of Ordinances to update the regulations on drive-up windows—Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk Page 1 of 1 ARIC SCHROEDER To: MAYOR CLARK; COUNCIL MEMBERS Cc: NOEL ANDERSON; SUZY SCHARES Subject: Updated Proposed Zoning Ordinance Amendment Mayor and Council, I had intended to have an e-mail with attachments for the proposed Zoning Ordinance sent out, but software problems are preventing me from getting the document in a format that is a small enough size that I can e-mail it out. So at the work session this evening, I will hand out this e-mail, with all attachments. The attachments will include a slightly updated version of the proposed Zoning Ordinance amendment for alcohol sales related businesses. The Ordinance is mostly the same as what was presented to the Council during a work session on June 11th and hearing on June 18th. Changes since the last work session include: - page 59, proposed wording that would restrict advertising for limited alcohol sales uses was further changed to just apply to limited alcohol sales uses (off-premise consumption) (i.e. a convenience store, gas station, grocery store, or pharmacy), so that the provision would not apply to restaurants. The section was further changed to provide an exception for banner, portable and temporary signs in conformance with the requirements for such signs. - page 115, proposed wording for what alcohol sales uses will be allowed in an Alcohol Sales Use Overlay District was expanded to include a restaurant, a pharmacy, and a grocery store with retail floor space exceeding 10,000 square feet. A grocery store with less than 10,000 square feet of retail floor space would be permitted only upon approval of a Special Permit by the Board of Adjustment. - page 130, includes additional wording regarding the advertising requirements for limited alcohol sales uses (off- premise consumption). - page 145, includes additional wording regarding the Special Permit requirement for a grocery store having less than 10,000 square feet of retail floor space when located in an Alcohol Sales Use Overlay District. The other attachments will include the maps of the proposed areas that would be in an Alcohol Sales Use Overlay District and the proposed ordinance amendment to the Code of Ordinances adding a new paragraph dealing with a business that has a drive up facility and is found to be in violation of the Zoning Ordinance (i.e. get caught selling alcohol out a drive up). All of these are unchanged from what was previously provided. Please let me know if you have any questions or need any additional information prior to tonight's work session on this topic. I will have printed copies of this material available at the work session. Thanks, AR1C A. SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo,IA 50703 Phone: (319)291-4366 Fax: (319)291-4262 www.ci.waterloo.ia.us 7/16/2012 CITY OF WATERLOO , IOWA no, Nrir 1".5=1.1F111.... COMMUNITY PLANNING AND DEVELOPMENT 7.004 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 eri00 - NOEL C.ANDERSON,Community Planning&Development Director MEMORANDUM Mayor BUCK To: Mayor and City Council CLARK From: Aric A. Schroeder, City Planner, COUNCIL MEMBERS Date: 07/16/12 RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales DAVID Related Businesses JONES Ward 1 In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional CAROLYN restrictions on alcohol sales related businesses with a purpose of avoiding undue COLE Ward 2 concentration of certain alcohol sales uses,to mitigate the secondary effects of certain alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of HAROLD property value due to incompatible uses,and otherwise to promote the general purpose of GET 3Y the Zoning Ordinance. The changes have worked to some extent,but have not done enough to avoid undue concentration and other negative secondary effects of such uses. Recently QUENTIN the Waterloo City Council adopted a moratorium on the issuance of any new.alcohol HART licenses in certain areas of the City and requested that City staff review the Ordinance and Ward 4 determine what additional changes were needed to properly address the concerns that such RON uses are causing. Therefore, staff is proposing to further amend the Zoning Ordinance, WELPER placing further restrictions on the placement and operation of alcohol sales related r�ard5 businesses. Please review the attached amendment for further details, but here is a summary BOB of the amendment: GREENWOOD At-Large - The amendment would further expand upon the definition for"Alcohol Sales Use", requiring that all alcohol sales uses be classified as either: 1)an Incidental Alcohol STEVE Sales Use, 2)a Limited Alcohol Sales Use(off-premise consumption),3) a Limited SCHMITT Alcohol Sales Use (on-premise consumption), 4) a Non-Limited Alcohol Sales Use At-Large (off-premise consumption),or 5)a Non-Limited Alcohol Sales Use (on-premise consumption) - The amendment would increase the percent of gross income that must come from other than alcoholic beverages from 50%to 60%for any limited alcohol sales use (off-premise consumption) - The amendment would continue to prohibit the sale of alcoholic beverages via a drive through, drive-up or similar system, and would require than any alcohol sales use that made use of such a window or system before adoption of Ordinance 4976 on 11/23/2009 shall cease and desist from use of such window or system to sell alcoholic beverages no later than December 31,2013 - The Ordinance does not prohibit an alcohol sales use from having such a drive-up window or similar system to sell other non-alcoholic items through if they already had such a window or system, but in a separate proposed amendment to the Code of Ordinances (not : • ._ •. -• e e ..•_- ••••-•e.•• • , ., ., t would CITY WEBSIT wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! VATERLt' An Equal Opportunity/Affirmative Action Employer r provide that if any business sells alcoholic beverages via a drive-up or similar system in violation of the Zoning Ordinance,they shall upon conviction,in additional to other penalties,be required to permanently close said window or system. - The amendment would prohibit an alcohol sales use from constructing a new drive- up or similar system, regardless of the intended purpose of the system. An exception is provided for a pharmacy,provided that no alcoholic beverages may be sold through such a system, and an exception is provided for grocery store merchandise pick-up, as long as the customer made the purchase inside the premises. - The amendment would prohibit any limited alcohol sales use(off premise consumption) from displaying any image,verbiage or signage that makes use of the words "alcohol", "beer", "wine", "liquor", or any variant or synonym of any such work, or any type of such beverage,or that indicates or suggests that such beverages may be purchased in or upon the premises. An exception is provided for banner, portable and temporary signage in compliance with the Ordinance. Any existing business displaying such signage shall have until December 31, 2013 to conform to the requirements. This would only apply to limited alcohol sales uses (off premise consumption), and not any on-premise consumption or non-limited alcohol sales uses such as restaurants,bars or liquor stores. - The amendment would create"Alcohol Sales Use Overlay Districts"in the Broadway,Logan,E. 4th and Church Row Neighborhood(see attached map). Within these overlay districts,no new alcohols sales use, other than 1)incidental alcohol sales uses,2)pharmacies, and 3) grocery stores, shall be established, and expansion of existing uses will only be allowed through approval by the Board of Adjustment to expand a legal non-conforming use. - The amendment would require that Planning staff classify every alcohol sales use, excluding those located in the"C-3"Central Business District, as one of the specific types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol sales uses shall be classified according to current standards pertaining to percentage of sale and retail floor space, and shall not be"grandfathered in"under previous standards. For any alcohol sales use that existed prior to adoption of Ordinance 4976 on 11/23/2009,where insufficient information is available for a determination between a limited or non-limited alcohol sales use,the use shall be classified as a limited alcohol sale use and subject to the requirements as such. Any business requesting classification as non-limited must provide adequate documentation for such a determination. - The amendment would require that, in connection with any application for renewal of a liquor control license, a limited alcohol sales use shall certify that it continues to meet the requirements for classification as the appropriate category of limited alcohol sales use, including certification by a licensed public accountant or a certified public accountant that the business meets the income restrictions to qualify as the appropriate category of limited alcohol sales use. Please contact our office if you have any questions or need any additional information on the proposed amendment. staff memo 07-16-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Sales Related Businesses CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. rior walls shall be the useable area under the include those gaming facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Com- above. mission and other gaming facilities which Floor Area Ratio: The gross floor area of may not be licensed by the State of Iowa Rac- all buildings on a lot divided by the lot area ing & Gaming Commission. [Ordinance 4735, on which the building or buildings are lo- 10/18/04] cated. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the sales uses for which this Ordinance imposes a private motor vehicles of the families resident limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal structure shall be considered as part of the used shall be determined by a fraction, the numerator of which is the total square foot- principal structure and subject to all yard re- age of retail floor space occupied by free- quirements contained herein. standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may include such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products;for the render- space includes enclosed display cases. The ing of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehicles, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs gardless of the actual floor space that is phys- of a major type are defined to be spray paint- ically occupied. ing, body, fender, clutch, transmission, differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines,requiring the removal of engine cylinder head or crankcase pan, re- the residents by blood or adoption. pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading of the lot lines abutting a street, or the lot line of tires. that the principal structure faces if no lot line Group Home: A facility that is not regu- abuts a street, public or private. For double lated under Chapters 135C or 237 of the Iowa frontage lots, the front lot line shall be the Code or other state law and which,regardless street lot line that the principal structure faces of size, provides living arrangements with or is addressed from. shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring per- roulette, slot machines, blackjack, and other sonal assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- ll CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. CHAPTER 5 seen from off the premises or by the addition GENERAL REGULATIONS of other uses, or a nature which would be prohibited generally in the district involved. [Ordinance 3174, 12/14/81] To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subsec- date of non-conformity amendment and upon tion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, recon- carried on diligently, or upon which a build- structed, or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- lion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. ried on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land, Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises, and Non-Conforming Lots. ing building has been substantially begun preparatory to rebuilding, such excavation, Intent. There exist lots, structures, uses of demolition or removal shall be deemed to be land and structures, and characteristics of use actual construction, provided that work shall which constitute a non-conforming use as de- be carried on diligently. fined by this Ordinance, or will constitute a non-conforming use upon adoption of a fu- 1. Continuing Existing Uses. The use of ture amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- to continue, except as expressly provided tinned even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed, but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground olation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted, a single fam- Ordinance to be incompatible with permitted ily dwelling and customary accessory uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of tions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. a. Human genitals in a state of sex- hol sales use, (ii) a club or hotel or I ual stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi- ual intercourse or sodomy;or nances, (iii) an open-air event of not more than five€eu-r days' dura- c. Fondling or other erotic touching tion that is open to the general of human genitals, pubic region, public, (iiiv) golf courses and pub- buttock or female breast. lidy owned sports complexes or Alcohol Sales Uses: The following defini- facilities, e (iv) non-profit educa- tions shall govern the interpretation of the tional institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other 1. Alcohol - Protected Uses: Protected similar incidental alcohol sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a prin- plicable to alcohol sales uses gen- cipal use; a house of worship; a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- �b.Limited Alcohol Sales Use: (of- vate); public park; public recreation — center or public specialized recreation premise consumption), which shall include an alcohol sales use facility as identified in the parks and y recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or phar- ic/convention center; a community macy as defined above, provided residential facility that more than sixty0 a mission. How- fifty—(560) ever, this definition shall not apply if percent of its gross income is de- the protected use is a legal non- rived from, and more than sev- conforming use. enty-five (75) percent of its retail floor space is devoted to, the sale 2. Alcohol Sales: The sale of alcohol and of merchandise, services for on- alcoholic beverages, as each such term premises enjoyment, food, and is defined in Chapter 123 of the Iowa beverages other than alcoholic Code, including but not limited to (i) beverages, in either case not in- liquor, beer or wine in closed contain- eluding the sale of tobacco prod- ers intended for off-premisesite con- ucts, lottery tickets, or pumped I sumption, and (ii) liquor, cocktails, vehicle fuels such as gasoline, die- shots, wine, beer and any part of an sel and similar products, and pro- alcoholic beverage intended for on- vided further that not more than site consumption. twenty-five (25) percent of its 3. Alcohol Sales Use: Any business that gross income as so determined is derives income from alcohol sales, derived from the sale of alcoholic Alcohol sales uses shall be classified beverages other than beer or wine. as one of the following: c. Limited Alcohol Sales Use (on- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall include, other than (i) include If such limited alcohol a restaurant that is a limited alco sales use is (i) a restaurant that is 4 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. an alcohol sales use, provided that dance hall or similar establish- then more than fifty (50) percent ment. of its gross income shall be de- Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, and (ii) an alcohol sales use pro- viding ting property. facility and product or ser- Animals, Farm: Animals other than vices rental, such as a bowling al- household pets, such as livestock, that, where ley, in which case more than fifty permitted, are kept and maintained for corn- (50) percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared food and non- Animals, Household Pet: Includes, but is alcoholic beverages. This use clas- not limited to, dogs, cats, rabbits, birds, ham- sification shall not include dance sters, and other similar animals kept for fam- halls, night clubs or similar facili- ily enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals, prepared food or product "Kennel". sales other than alcoholic bever- azes. For purposes of this Ordi- Animals, Livestock: Includes, but is not nance, any alcohol sales use with limited to, horses, cows, pigs, sheep, chickens on-premise consumption that fails and poultry (excluding roosters), goats, os- to meet the gross income stan- triches, rheas, emus, farm deer, and other dards stated above shall be classi- similar animals that are typically raised for fied as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumption). Amendment: A change, supplement, revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. An amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, i.e., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on-premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use with on-premise consumption that Apartment House: See Dwelling, Multi- does not meet the definition of ei- Pie- ther an incidental alcohol sales use Auction Establishments: Any property or or a limited alcohol sales use (on- structure devoted to public auction or sales, premise consumption), commonly two (2) or more times a year, for selling of known as a bar, tavern, night club, private property or consigned goods, except 5 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- plicable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or a lawful structure exists as of the date width, or both,of the lot shall conform of non-conformity that could not be to the regulations for the district in built after the date of non-conformity which such lot is located. under the terms of this Ordinance or No portion of said lot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage,height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- requirements established by this Or- ture, such structure may be continued dinance, nor shall any division of any after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful,provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non-conformity. be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- land than was occupied at the ef- tion of structure be destroyed by fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of Be- be moved in whole or in part to struction, it shall not be recon any portion of the lot or parcel structed except in conformity with the provisions of this Ordinance. other than that occupied by such use at the effective date of adop- [Ordinance 3393, 6/10/85] tion or amendment of this Ordi- c. Should such structure be moved nance; for any reason for any distance c. If any such non-conforming use of whatsoever, it shall thereafter con- land ceases for any reason for a form to the regulations for the dis- period of more than one (1) year, trict in which it is located after it is any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure d. No additional structure not con- and premises in combination, exists as of the date of non-conformity that forming to the requirements of this Ordinance shall be erected in would not be allowed after the date of non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted use, conformity so long as it remains oth- shall thereafter conform to the erwise lawful, subject to the following regulations for the district, and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use,when a located shall be enlarged, ex- non-conforming use of a structure tended, constructed, recon- or structure and premises in com- structed,moved,or structurally al- bination is discontinued or aban- tered except in changing the use of doned for twelve (12) consecutive the structure to a use permitted in months or for eighteen (18) the district in which it is located. months during any three (3) year The use of premises shall be gov- period (except when government erned by the requirements of 10-5- action impedes access to the prem- 1(B)(3); ises), the structure or structure and premises in combination shall b. Any non-conforming use may be extended throughout any parts of not thereafter be used except in a building which were manifestly conformity with the regulations of arranged or designed for such use the district in which it is located. at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either c. If no structural alterations are solely for that reason or in combi- nation with other reasons, and made, any non-conforming use of a structure, or structure and prem- when the alcohol sales use is dis- continued or abandoned for three ises, may, as a special exception, (3) consecutive months (except be changed to another non when government action impedes conforming use provided that the access to the premises), the struc- Board of Adjustment, either by general rule or by making findings ture or structure and premises in in the specific case, shall find that combination shall not thereafter be used as an alcohol sales use except the proposed use is equally ap- in propriate or more appropriate to conformity with the regulations the district than the existing non- of the district in which it is lo- conforming use. In permitting cated. This paragraph shall apply such change, the Board of Ad- equally to (1) the cessation of a justment may require appropriate business that is an alcohol sales conditions and safeguards in ac- use, (ii) a business that holds a li- cense or permit to operate as an cord with the provisions of this alcohol sales use but fails to con Ordinance; tenuously and actively operate as d. Any structure, or structure and such, and te(iii) a business that land in combination, in or on continues operating as a non- 27 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS. Apparel Shop Paint and Wallpaper Store Bakery, retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service Bookstore Radio and Television Studios, pro- Candy Shops,retail only vided that any towers or transmitting facilities are in accordance with Sec- Car Wash tion 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Shoe Repair Shops Coffee House Sporting Goods Collection Office or Public Utility Tailor Shop Commercial Parking Lots for passen- ger vehicles in accordance with the Theaters provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exclud- 11/23/09] ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishment listed above that is also a Delicatessen and Sub Shop limited alcohol sales use as defined herein, further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo limited alcohol Financial Institution sales use shall sell or dispense al- coholic beverages via a drive- Florist and Nursery Shop,retail only through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in Furniture Store system. Notwithstanding any- thing in Section 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window or system before adoption of Or- Grocery dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall comply with the requirements of Household Appliances, sale and repair this paragraph, no later than De- Jewelry Store cember 31, 2013. Landscape Gardener b. -For the establishment of new lim- ited alcohol sales use locations, Launderette (Laundromat) fencing or other approved screen- Meat Locker, storage and retail sales only ing shall be constructed along the Music Store property line with any abutting protected use, unless determined 58 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS. by the City Planner or designee to sidered a proposed use not covered be infeasible. [Ordinance 4976, by title, as regulated in 10-5-1(R). 11/23/09] B. Accessory Uses: c. No establishment that is a limited 1. The following accessory uses are per- alcohol sales use (off-premise con miffed in a"C-1" District. sumption) shall exhibit on the ex- terior of the premises any image a. Accessory uses permitted in the or verbiage that makes use of the "R4" District words "alcohol," "beer," "wine," b. Storage of merchandise incidental "liquor," or any variant or syno- to the principal use may be stored nym of any such word, or any in the principal building on the lot type of such beverage, or that in- in question,but not to exceed forty dicates or suggests that such bev- (40) percent of the floor area for erages may be purchased in or said principal building. upon the premises, except that banner, portable and temporary C. Height Regulations. signs shall be allowed if conform- No building shall exceed three (3) stories ing to the requirements of Section or forty-five (45) feet in height at the required 10-26-1(C). Notwithstanding any- front, side and rear yard lines, except two (2) thing in Section 10-5-1(B) to the feet may be added to the height permitted at contrary, any existing business said yard lines for each one (1) foot that the that does not conform to this re- building or portion thereof is set back from quirement shall conform no later the required yard lines and except as further than December 31, 2013. provided in Section 10-27-1. [Ordinance 4709, 5. Business or professional office and 8/9/04] similar uses not included in the above 10-14-2 BULK REGULATIONS. list supplying commodities or per- forming services primarily for resi- [Ordinance 3192, 2/22/82] dents of the neighborhood subject to [Ordinance 4592, 1/6/03] the administrative review and ap- The following minimum requirements proval of the Planning staff. If staff shall be observed subject to the modified re- determines that the proposed use is quirements contained in Section 10-27-1: not similar in nature, it shall be con- "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD(1) (2)(3) COVERAGE FAMILY Residential SAME AS SPECIHED IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft.(4) Same as"R-4" 35 ft. No Maximum ted Uses mum mum District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/92] (2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (3) For every additional foot the front yard depth is increased over the required setback,the rear yard depth may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet 59 CHAPTER 15 "C-2"COMMERCIAL DISTRICT (4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. CHAPTER 15 2. Adult uses as defined in the defini- tions Section, upon approval of a "C-2" COMMERCIAL Special Permit by the Board of Ad- DISTRICT justment after review by the Com- mission and provided that such uses [Ordinance 3192, 2/22/82] meet the following separation re- quirements: 10-15-1 REGULATIONS. a. At least 600 feet from any other The regulations set forth in this Chapter adult use measured in a straight and contained in Chapter 5 shall apply in line from the closest points of the the "C-2" Commercial District. The "C-2" property lines in which the adult District is intended to provide for areas of uses are located. the community which are developed or will b. At least 600 feet from any resi- be soon as moderate intensity commercial dentially zoned property meas- area. These areas are often associated with ured in a straight line from the the major traffic arteries and highways lo- closest point of the property line cated within the community. Any outside in which the adult use is located storage of materials or equipment shall be to the closest residentially zoned limited and clearly incidental and accessory property line. to the Principal Permitted Use, and shall not include the outside storage of junk or sal- c. At least 600 feet from any pro- vage material or similar debris. Outside tected use as defined herein storage of materials or equipment shall not which distance shall be meas- be permitted in a front yard. This provision ured in a straight line from the shall not restrict the outside storage of nurs- closest point of the property line ery, landscaping and garden material, and which the adult use is located to licensed and operable vehicles, or unli- the closest point of the property censed operable vehicles for sale, that are line in which is located an accessory and clearly incidental to the Prin- aforementioned protected use. If cipal Permitted Use. This provision shall a protected use is a legal non- not restrict other outside display areas conforming use, this provision when such display areas display items that shall not apply. [Ordinance 3642, can be legally sold by a commercial business 5/1/89] on the property and when the display area 3. Non-Limited Alcohol Sales Uses, does not exceed art area equal to the area upon approval of a Special Permit by occupied by the building(s) on a property. the Board of Adjustment after rec- A. Principal Permitted Uses: ommendation of the Commission, except that a Special Permit shall not 1. Any use permitted in the "C-1" be required if such use is located Commercial District, on the terms set along a principal arterial or inter- forth for such use in the "C-1" Dis- state according to the Urban Federal trict. Functional Classification System prepared by IDOT, provided that 60 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. such uses meet the following re- Urban Federal Functional Classi quirements: fication System prepared by a. rrNo non-limited alcohol sales IDOT. use shall sell or dispense alco- [Ordinance 4976, 11/23/09] holic beverages via a drive- c. No non-limited alcohol sales use through or walk-up window or any similar drive-up or drive-in usc, for which a Class E off- system, and provided that, premises liquor control license Notwithstanding anything in has been issued; or for which an Section 10-5-1(B) to the contrary, application for such a license has any alcohol sales use that made been submitted but not yet use of such a window or system granted; shall be located within before adoption of Ordinance 600 feet of another alcohol sales 4976 on 11/23/2009 shall cease use holding the same class of h- and desist from use of such a cense, as measured in a straight window or system, and shall line from the ne restclosest comply with the requirements of points of the property lines part this paragraph, no later than De- of the building structure or out cember 31,2013. door service area in which the of b. wNo With respect to any non- aft-alcohol sales uses are located. limited alcohol sales use that to the closest point of the prop holds a Class E off-premises liq- crty line of such other alcohol uor control license or for which sales usc. an application for such a license d. No non-limited alcohol sales use has been submitted but not yet shall be located within 250 feet of granted shall be located within ; another non-limited alcohol sales such uses arc at least 600 feet use, as measured in a straight from a protected use, and no line from the closest points of the with respect to all other non- property lines in which the alco- limited alcohol sales uses such hol sales uses are located. uses. shall be located within are at least 250 feet,from a protected e. Fencing or other approved use, as measured in a straight screening shall be constructed line from the closestncarest along the property line with any pointpait of the property line abutting protected use, unless building structure or outdoor determined by the City Planner service arca in which ef-an alco- to or designee to be infeasible. hol sales use is located to the The provisions of this subsection (3) closest point of the property line shall not apply to limited alcohol of any protected user, upon ap - proval of a Special Permit by the comply with the requirements of Board of Adjustment after rce the "C 1" District. ommendation of the Commis sion, except that a Special Permit 4. Animal Hospital or Veterinary Clinic shall not be required if Such use providing any exercising runway is located along a principal arte shall be at least two hundred (200) rial or interstate according to the feet from any "R" District and one 61 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. hundred (100) feet from any "C-1" 12. Contractor Businesses including District boundary. Contractor Equipment Yards, pro- 5. Automobile, Motorcycle, Trailer and vided that equipment yards shall be Farm Implement establishments for effectively screened on each side fac- display, hire and sales (excluding ing a Residential District and on auctions and not including sales lots each side facing a public street by a without a principal building except fence, wall or densely planted corn- for satellite lots when the lot is abut- pact hedge not less than six (6) feet ting or across a street from a lot with or more than eight (8) feet in height, a principal building including an of- and, for equipment yards, upon ap- fice), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by tion with their own and customers' the Commission. vehicles, but not including uses in 13. Department Stores which the major source of revenue is 14. Drinking Establishments, Taverns, from body and fender work. In ad- Bars and Night Clubs, Summer Gar- dition, this paragraph shall not be dens, and Road Houses, including construed to include automobile, entertainment and dancing, pro- tractor, or machinery salvage and vided that any such use that meets used parts yards. Machinery, sal- the definition of Alcohol Sales Use vaged or used parts, and vehicles shall meet the requirements for an not in running condition and not be- alcohol sales use. ing actively restored to running con- dition, or not DOT operational and 15. Hotels [Ordinance 4592, 1/6/03] not licensed, shall be located in an 16. Kennel, provided the principal enclosed building. building is at least 250 feet and any 6. Ballrooms and Dance Halls outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially zoned property measured in a 8. Bowling Alleys straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and upon approval of a Special Permit by 10. Commercial Baseball Fields, Swim- the Board of Adjustment after re- ming Pools, Skating, Golf Driving view by the Commission. Ranges, commercial campgrounds or similar open air recreational uses 17. Laundries or Laundromats and facilities, upon approval of a 18. Lawn Mower Repair Shop Special Permit by the Board of Ad- 19. Lumber Yards and Building Materi- justment after review by the Com- als, retail, but not including any mission. manufacturing or fabricating for 11. Contractor Businesses, including wholesaling operations. Carpenter and Cabinet Shop,Plumb- 20. Mini-storage or storage rental devel- ing and Heating Shop, Roofing opment, upon issuance of a Special Shop, Sheet Metal Shop, Sign Paint- Permit, which shall review the loca- ing Shop, and similar uses, provided tion for compatibility of surround- there is no outside equipment yard. 62 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS. • ing, highest and best use of land, 27. Other similar service and retail busi- and proximity to a major thorough- nesses not included in the above list fare. [Ordinance 4683, 4/12/04] It is subject to the administrative review the intent of this provision for such and approval of the Planning staff. uses to be towards the rear of highly If staff determines that the proposed visible commercial property. use is not similar in nature, it shall 21. Monument Sales Yard, but not with- be considered a proposed use not out a principal building. covered by title, as regulated in 10-5- 1(R). 22. Off-premise advertising in accor- dance with Section 10-26-1. [Ordi- B. Accessory Uses: nance 4724, 9/20/04] 1. Accessory uses permitted in the 23. Motels and Auto Courts "C-1" District. 24. Pet Shop, including Aquariums 2. Accessory uses and structures cus- tomarily incidental to any permitted 25. Printing Shops, to include more principal uses. than two (2) 12"x 18" inch job press- es 10-15-2 BULK REGULATIONS. 26. Restaurant: Fast Food Type and [Ordinance 3050, 10/1/79] Standard Type, and drive-in eating [Ordinance 3192,2/22/82] establishments, provided that any [Ordinance 4592, 1/6/03] such use that meets the definition of an Alcohol Sales Use shall meet the The following minimum requirements requirements for a limited alcohol shall be observed, subject to the modified sales use (on-premise consumption). requirements contained in Section 10-27-1: "C-2"COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD(I) SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)(4) LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft. 20 ft. No building shall Hotels mum exceed 4 stories or Other Per- No Mini- No Min- No Minimum 20 ft(2) Same as"R-4" 35 ft. 48 feet in height (5) witted mum imum District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (4) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. 63 CHAPTER 18 "C-3"CENTRAL BUSINESS DISTRICT 1048-1 REGULATIONS. CHAPTER 18 10-5-1(B) to the contrary, any limited alcohol sales use that made use of "C-3" CENTRAL BUSINESS such a window or system before DISTRICT adoption of Ordinance 4976 on 11/23/2009 shall cease and desist [Ordinance 3192,2/22/82] from use of such a window or system, and shall comply with the require- 1 0-18-1 REGULATIONS. ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair Central Business District is designed and in- Shop. Vehicles not in running condi- tended to accommodate the variety of retail tions, not DOT operational and not li- stores, services and related activities which often occupy the area within the Central ceased, machinery, salvage, or used parts shall be located in an enclosed Business District. "C-3" Zoning only shall building apply to the existing Central Business District or areas contiguous to the Central Business 4. Exterminator Sales District. Any outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts clearly incidental to the conduct clearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or similar debris. Outside storage of materials or 6. Printing and/or Publishing Houses equipment shall not be permitted in a front 7. Tire Shop, including vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ye- 8. Transportation Passenger Terminals hides, or unlicensed operable vehicles for sale, that are accessory and clearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not restrict outside display areas when such dis- 1. Accessory uses permitted in the "C-2" play areas display items that can be legally District. sold by a commercial business on the prop- 2. Accessory uses and structures cus- erty and when the display area does not ex- tomarily incidental to any permitted ceed an area equal to the area occupied by the principal uses. [Ordinance 4724, building(s) on a property. 9/20/04] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis- Ordinance 3192, 2/22/82] trict. [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 75 CHAPTER 24A ALCOHOL SAT.FS USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. • The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- tion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (F)(4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized, all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the required rear yard setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- each foot the front yard setback is fin- ing Code. Acceptable fencing materi- creased beyond that which is required als include but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10) feet. A 50% reduction in required points on J. Use Restrictions. the exterior of the fence will be grant- ed for fencing that is constructed from No new junk yards, salvage yards, recy- the following materials: cling yards, or construction storage yards shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said b. Concrete with approved design uses shall be allowed only through the ap- characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of CHAPTER 24A planting. ALCOHOL SALES USE I. Setback Requirements. OVERLAY DISTRICTS 1. To achieve the goals of this Section, the setback requirement shall be fifty 10-24A-1 GENERAL REGULATIONS. feet (50') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the prop- shown on the official zoning map and legally erty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- Avenue district, Logan Avenue district, E. 4th tures that are not in compliance with Street district, and Church Row Neighbor- this Section and wish to expand shall hood district. not increase the non-conformity. Any B. Purpose and Intent. proposed expansion of an existing 114 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The purpose and intent of this Chapter is nue; thence South along the centerline of to establish Alcohol Sales Use Overlay Dis- Fairview Avenue and an extension of the cen- tricts to avoid undue concentration of certain terline of Fairview Avenue to its intersection alcohol uses in designated areas already with the Northeasterly line of the Cedar Riv- populated by significant numbers of alcohol er; thence Southeasterly along the Northeast- sales uses, to mitigate the secondary effects of erly line of the Cedar River to its intersection certain alcohol sales uses, to preserve and with the centerline of E. Third Street; thence protect neighborhoods from deterioration Northeasterly along the centerline of E. Third and loss of property value due to incompati- Street to its intersection with the centerline of ble uses, and otherwise to promote the gen- Franklin Street; thence Northwesterly along eral purposes of the zoning ordinance. the centerline of Franklin Street to its intersec- The provisions of this Chapter shall apply tion with the centerline of Oak Avenue; in addition to any other zoning district regu- thence North along the centerline of Oak Av- enue to its intersection with the centerline of lations and requirements in which the land may be classified. In the case of conflict, the Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection most restrictive provisions shall govern, ex- with the centerline of Lincoln Street; thence cept as otherwise expressly provided in this Cha ter. Northwesterly and Northerly along the cen- p terline of Lincoln Street to its intersection C. Administrative Regulations. with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street The provisions of this Chapter shall con- stitute the requirements for all zones that lie to its intersection with the centerline of Co- lumbia Street; thence North along the center- within the boundaries of any of the Alcohol Sales Use Overlay Districts. line of Columbia Street to its intersection with the centerline of the Canadian and National D. Use Restrictions. Railroad;thence Northwesterly along the cen- No new alcohol sales uses shall be estab- terline of the Canadian and National Railroad lished in an Alcohol Sales Use Overlay Dis- to its intersection with the centerline of trict, other than (1) incidental alcohol sales Ackermant Street; thence North along the uses, (2) a limited alcohol sales use (on- centerline of Ackermant Street to its intersec- premise consumption) that is a restaurant, or tion with the centerline of W. Parker Street; (3) a limited alcohol sales use (off-premises thence West along the centerline of W. Parker consumption) that is a grocery in which the Street to its intersection with the centerline of retail floor space in the building equals or ex- Fairview Avenue and the point of beginning. ceeds 10,000 square feet, a grocery in which Logan Avenue Overlay District the retail floor space in the building is less Beginning at the intersection of the center than 10,000 square feet upon approval of a Special Permit by the Board of Adjustment,or lines of Franklin Street and E. Mullan Ave- a pharmacy. Expansion of said uses shall be nue; thence Northwesterly along the center- allowed only through approval by the Board line of Franklin Street to its intersection with of Adjustment process to expand a legal non- the centerline of Oak Avenue; thence North conforming use. along the centerline of Oak Avenue to its in- tersection with the centerline of Utica Street; ATTACHMENT"A" thence Northeasterly along the centerline of Broadway Avenue Overlay District Utica Street to its intersection with the center- line of the former Illinois Central Railroad Beginning at the intersection of the center- Beltline (abandoned); thence Northerly along lines of W. Parker Street and Fairview Ave- the centerline of the former Illinois Central 115 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRIC15 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. • Railroad Beltline (abandoned) to its intersec- Fourth Street to its intersection with the cen- tion with the centerline of the Canadian and terline of Walnut Street; thence Southeasterly National Railroad (formerly Illinois Central along the centerline of Walnut Street to its Railroad); thence Southeasterly along the cen- intersection with the centerline of the Union terline of the Canadian and National Railroad Pacific Railroad; thence Southwesterly along to its intersection with the centerline of E. the centerline of the Union Pacific Railroad to Mullan Avenue (also known as U.S. Highway its intersection with the centerline of Franklin 63); thence Southerly and Southwesterly Street; thence Northwesterly along the center- along the centerline of E. Mullan Avenue to line of Franklin Street to its intersection with its intersection with the centerline of Franklin the centerline of E. Second Street and the Street and the point of beginning. point of beginning. E.4th Street Overlay District Church Row Neighborhood Overlay District Beginning at the intersection of the center- Beginning at the intersection of the center- lines of Franklin Street and E. Second Street; lines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of thence Northeasterly along the centerline of E. Second Street to its intersection with the South Street to its intersection with the cen- centerline of Walnut Street; thence North- terline of Washington Street; thence South- westerly along the centerline of Walnut Street easterly along the centerline of Washington to its intersection with the centerline of Pine Street to its intersection with the centerline of Street;thence East along the centerline of Pine W. Sixth Street; thence Southwesterly along Street to its intersection with the centerline of the centerline of W. Sixth Street to its intersec- Iowa Street; thence North along the centerline tion with the centerline of Randolph Street; of Iowa Street to its intersection with the cen- thence Southwesterly in a straight line to the terline of Dane Street; thence West along the intersection of the centerlines of W. Sixth centerline of Dane Street to its intersection Street and Wellington Street; thence continu- with the Centerline of E. Mullan Avenue (also ing Southwesterly along the centerline of W. known as U.S. Highway 63); thence North Sixth Street to its first intersection with Grant along the centerline of E. Mullan Avenue to Avenue; thence continuing Southwesterly its intersection with the centerline of the along the centerline of W. Sixth Street to its Webster Street right-of-way; thence East second intersection with Grant Avenue; along the centerline of the Webster Street thence Northwesterly along the centerline of right-of-way and the centerline of Webster Grant Avenue to its third intersection with W. Street to its intersection with the centerline of Sixth Street; thence Southwesterly along the Ankeny Street; thence North along the center- centerline of W. Sixth Street to its intersection line of Ankeny Street to its intersection with with Allen Street;thence Northwesterly along the centerline of Ricker Street; thence East the centerline of Allen Street to its intersec- along the centerline of Ricker Street to its in- tion with the centerline of W. Fifth Street; tersection with the centerline of Linn Street; thence Southwesterly along the centerline of thence South along the centerline of Linn W. Fifth Street to its intersection with the cen- Street to its intersection with a line drawn be- terline of Baltimore Street; thence Southeast- tween the Southeasterly corner of Lot 4, Block erly and Southerly along the centerline of Bal- 7, Hammond and Hopkins Addition and the timore Street to its intersection with the cen- Southwesterly corner of Lot 7, Block 6, terline of Pleasant Street; thence West along Hammond and Hopkins Addition; thence the centerline of Pleasant Street to its intersec- Westerly in a straight line to the intersection tion with the centerline of W. Fifth Street; of the centerlines of E. Fourth Street and Dane thence Southwesterly along the centerline of Street; thence South along the centerline of E. W. Fifth Street to its intersection with the cen- 116 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. terline of Bayard Street; thence South along with such building, at least one (1) off-street the centerline of Bayard Street to its intersec- loading space plus one (1) additional such tion with the centerline of Williston Avenue; loading space for every twenty thousand thence West along the centerline of Williston (20,000) square feet or major fraction thereof Avenue to its intersection with the centerline of gross floor area so used in excess of ten of Kimball Avenue; thence North along the thousand (10,000) square feet. centerline of Kimball Avenue to its intersec 1. Each loading space shall be not less Hon with the centerline of Reber Avenue; than ten(10) feet in width,twenty-five thence East along the centerline of Reber Av (25)feet in length. enue to its intersection with the centerline of Sullivan Avenue; thence North along the cen- 2. Such space may occupy all or any part terline of Sullivan Avenue to its intersection of required yard or court space or as with the centerline of W. Second Street; specifically provided in the district in thence Northeasterly along the centerline of which it is located. W. Second Street to its intersection with the 10-25-2 OFF-STREET PARKING AREA centerline of South Street; thence Northwest- REQUIRED erly along the centerline of South Street to its intersection with the centerline of W. Mullan A. Scope of Regulations. Avenue and the point of beginning. [Ordinance 3050, 10/1/79] [Ordinance 4634, 8/11/03] In all districts, except the "C-3" Cen- CHAPTER 25 ` tral Business District, "S-1" Shopping VEHICULAR USE,PARKING Center, "M-2,P" Planned Industrial District, "C-P" Planned Commercial AND LOADING AREAS, District, "B-P" Business Park District, PUBLIC GARAGES, PARKING and "R-P" Planned Residence District LOTS AND FILLING in connection with every industrial, STATIONS. commercial, business trade, institu- tional, recreational, or dwelling use, and similar uses, space for parking 10-25-1 OFF-STREET LOADING SPACES and storage of vehicles shall be pro- REQUIRED. vided in accordance with the regula- tions of this Section and subject to any [Ordinance 4634, 8/11/03] restrictions contained elsewhere in A. Regulations. this Ordinance for the district in In any district, except the "C-3" Central which such facilities are located. Business District, in connection with every 1. In the "C-3" District, for the pur- building or part thereof hereafter erected, pose of minimizing disruptive having a gross floor area of ten thousand curb-cuts and driveways and to (10,000) square feet or more, which is to be encourage the consolidation of occupied by manufacturing, storage, ware- parking space in appropriate loca- house, goods display, retail store, wholesale tions, accessory off-street parking store, market, hotel, hospital, mortuary, is not required. laundry, dry cleaning or other uses similarly 2. For parking facilities located in "S- requiring the receipt or distribution by vehi- 1" Shopping Center, "M-2,P" des of material or merchandise, there shall be Planned Industrial, "C-P" Planned provided and maintained on the same lot Commercial, "B-P" Business Park, 117 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. • 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. in a Residence District or any institu- provided, and an adequate number of tional premises, except when the ad- handicap parking spaces. joining property is used for profes- 15. Floor Area: In calculating the floor sional office or multi-family, by a wall area as it applies to these regulations or densely planted compact hedge all multiple stories including base- except if the closest point of such ments used as a part of the use in parking area is at least one hundred question, or all leasable area designed (100) feet from the nearest residential for tenant occupancy, shall be added or institutional property line or across together to get a total floor area. Ar- a street. For such parking areas sepa- eas used only for mechanical, ware- rated from property situated in a Res- house, storage, or other similar uses idence District or any institutional may be excluded: Also areas to be premises by an alley, the screen shall used for seasonal display or garden be required except along approved areas may be excluded. The property points of access, provided that the owner must provide documentation points of access are not more than of the use of all areas to be excluded twenty-four (24) feet wide and not less than thirty-six (36) feet apart. from the floor area calculation. A change in use to a non-excluded use Points of access more than twenty- will require the area to be included in four (24) feet wide or closer than thin- the floor area calculation for determi- ty-six (36) feet apart shall be allowed nation on the number of parking if the screen is installed on the oppo- spaces required. site side of the alley with agreement of the property owner(s). 16. Parking Lot Expansion Surfacing: 12. Lighting: Any lighting used to illu- Any expansion of an existing parking urinate any off-street parking area or lot must be properly graded, drained any area(s) used for non-residential and hard surfaced as per Section 10- purposes shall be so arranged as to re- 25-2(D), Off-Street Parking Area Re- flect the light away from adjoining quired. This includes expansions of residential premises. [Ordinance existing parking lots that are not hard 3442,6/16/86] surfaced. This does not mean that the existing gravel lot or lots must be 13. Parking Space: The minimum size of properly drained or hard-surfaced, a parking stall shall be nine (9) feet by just the parking expansion area. eighteen (18) feet, or one hundred and 17. Existing Parking Lot, New Surfacing: sixty two (162) square feet, excluding Any existing parking lot that is being the area necessary for access and ma- surfaced for the first time or recon- neuvering. When calculating the number of spaces required under this structed must be properly graded, Ordinance, a fractional space shall re- drained and hard surfaced as per Sec- quire anadditional space. tion 10-25-2(D), Off-Street Parking Area Required. [Ordinance 3947, 14. Site Plan: Any application for a build- 6/7/93] ing permit or for an occupancy certifi- C. Design and Maintenance. cate where no building permit is re- quired, shall include a site plan, [Ordinance 3947, 6/7/93] drawn to scale, and fully dimensioned [Ordinance 4634, 8/11/03] showing any off-street parking or loading facilities,points of access to be 120 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. commercial messages of a transitory d. "For Sale" and "Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not perma- signage shall be removed when nently affixed to a building or sign the sale is completed; and structure that is permanently embed- e. Political signs on private property ded in the ground, are considered in compliance with the Code of temporary signs. Iowa. 36. Wall Sign: A sign that is in any man- 2. Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, and subdivision signs as provided 37. Window Sign: A sign affixed to or in this Section;and painted on the surface of a window with its message intended to be visible b. Signs which resemble traffic con- to and readable from the public way trol signs or devices. or from adjacent property. c. With respect to the premises of C. Regulation of All Signs. any establishment that is a limited alcohol sales use (off-premise con- The regulations contained in this sumption) and is not located in the chapter shall apply to and regulate signs "C-3" District, any sign that in- in all Districts except the "H-C" Highway eludes any image or verbiage that Corridor Overlay Districts. No sign shall makes use of the words "alcohol," be located, erected, or maintained except "beer," "wine," "liquor," or any in compliance with these regulations. All variant or synonym of any such signs shall be considered as accessory us- word, or any type of such bever- es to a Principal Permitted Use, except for age, or that indicates or suggests off-premise advertising signs and bill- that such beverages may be pur- boards. All signs may be erected up to chased in or upon the premises, the property line, unless otherwise speci- except that banner, portable and fled in this Ordinance. Such signs shall temporary signs shall be allowed obtain a building permit and zoning ap- if conforming to the requirements proval prior to construction. of Section 10-26-1(C)(4)(j) and if 1. Exemptions: The regulations con- the sign contains only advertise- tained in this Section shall not apply ment for the sale of specific alco- to: holic products, without other con- tent or information. a. Traffic control signs or devices; 3. Off-Premise Advertising Signs and b. Signs located within buildings, ex- Billboards: eluding Home Occupations, or within public sports complexes or Off-Premise Advertising is a tradi- facilities; tional and legitimate advertising me- dium involving the lawful use of pri- c. Official signs of a non-commercial vate property. nature erected by public utility companies; 130 CHAPTER 27 SPECIAL PROVISIONS,EXCFYPIONS AND MODIFICATIONS 10-27-1 SPECIAL I Review by the Iowa Department of than limited alcohol sales uses, when Natural Resources [Ordinance 3614 1/9/89], advising the City of the poten- or interstate according to the Urban tial hazards and necessary safeguards. Federal Functional Classification Sys 10. Mobile Home Parks, including fac- tern prepared by IDOT, or when lo tory-built home parks and subdivi- sated lc than 250 feet measured sions if the structures are not classi- from the n crest part of the building fled as real estate. structure or outdoor service ar a of an alcohol sales use to the closest point of 11. Rubble Disposal Site, Rubble Fill Site, the property line of any protected use, or clean fill site, except clean fill ap- when meeting the following mini- proved as part of a development plan. mum requirements: A duplicate of the application submit- ted to the Black Hawk County Health a. Where the business, when oper- Department shall be submitted to the ated in conformance with such Commission. The application shall reasonable conditions as may be imposed by the Board of Adjust- contain the signature of landowner, ment, satisfies the following crite- legal description of property, a plot plan showing area to be filled with ex- ria: isting and proposed final elevations. i. The proposed location, design, The application shall also include an construction and operation of estimate of the number of cubic yards the particular use adequately necessary and length of time esti- safeguards the health, safety mated to complete filling. [Ordinance and general welfare of persons 3590, 10/17/88] residing in the adjoining or 12. Adult Businesses/Adult Uses [Ordi- surrounding residential area. nance 3642, 5/1/89] in accordance with ii. The business uses landscaping, "Adult Businesses/Adult Uses" of walls or structures to prevent Sections 10-3-1, 10-15-1(A)(2), and 10- any noise, vibration or light 27-1(N). generated by the business 13. Gaming facilities, unless located with- from having a significant det- in a Planned District where listed as a rimental impact upon the ad- Permitted Use. [Ordinance 4735, joining residential or protected 10/18/04] uses. 14. One or two-family residential struc- The business will not unduly tures when more than one (1) such increase congestion on the structure is erected on a single lot in streets in the adjoining resi- the "R-1" or "R-2" District. [Ordinance dential area. 4855, 2/19/07] [Ordinance 4885, iv. The operation of the business 10/15/07] will not constitute a nuisance. 15. Non-Limited Alcohol Sales Uses, and v. The business, if a grocery hav- Groceries that are Limited Alcohol ing less than 10,000 square feet Sales Uses (off-premise consumption) of retail floor space and lo- having less than 10,000 square feet of cated in an Alcohol Sales Use retail floor space and located in an Al- Overlay District, has provided cohol Sales Use Overlay District, other satisfactory evidence that it 145 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL] will operate as a Limited AI- of such application to recon- cohol Sales Use (off-premise sider and notice of the hearing consumption) and as a gro- before the Board of Adjust- cery. ment on such application shall b. Any Special Permit so granted by be provided to the owner of the Board of Adjustment shall be such business at least ten days in advance and shall also be subject to the following general provided to all owners of re- conditions, together with any ad- cord of property within two ditional special conditions re- hundred fifty (250) feet of the quired by the Board of Adjust- subject property. If the Board ment as appropriate: of Adjustment finds that the i. Any parking area provided for operation of such business ex- the use of customers of the hibits a pattern of violating the business shall be illuminated conditions set forth in the Spe- to appropriate standards cial Permit, the Board of Ad- found in the City of Waterloo justment shall have the author- Municipal Code. Parking lot ity to amend or revoke the lighting shall be directed away special use permit. [Ordinance from nearby residential prop- 4976, 11/23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to tain alcohol sales uses, to mitigate noise control. the secondary effects of certain al- Attractive litter and trash re- cohol sales uses, to preserve and protect neighborhoods from dete- ceptacles shall be located at convenient locations inside rioration and loss of property val- ue due to incompatible uses, and and outside the premises. otherwise to promote the general iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of v. If the zoning officer deter- conflict, the most restrictive provi- mines at any time that the op- sions shall govern, except as oth- eration of such a business ex- erwise expressly provided in this hibits a pattern of violating the subsection. conditions set forth in the Spe- 16. Religious facilities. cial Permit, the zoning officer may apply to the Board of Ad- 17. Non-profit institutions of a philan- justment to reconsider the is- thropic or educational nature, includ- suance of the special use per- mg libraries but excluding philan- mit for such business. A copy thropic professional offices in the "R- 4" Multiple Residence District or less 146 10-27-1 SPECIAL I P. Buffers Required. height of planting shall be adequate to serve as an effective visual screen. [Ordinance 3050, 10/1/79] [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trasting and conflicting uses is across a bar- quiring a buffer between them are rier and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce tive and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- ting or contrasting or conflicting use. wise provided by law. However, in The following conditions shall require a the event that arty or all of the im- buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc. for the pur- pose of renewal, redevelopment, etc., 1. All "C" Districts which abut any "R-1" that portion of such property being or "R-2" District shall be buffered as renewed, redeveloped, etc. shall be required in this article. considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as required in this article. 2. Where one of the two (2) different dis- tricts requiring a buffer between them Buffers required under the provisions of is partially developed, the developer this article or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- nance material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts requiring a buffer follows a street right-of- shall be designed for both structural way, railroad, stream, or other similar barrier, adequacy and aesthetic quality. The use of weather resistant wood, metal the requirement for a buffer may be waived or manufacturing substitutes may be by the City Planner or designee, provided used as an accessory material for aes- such waiver does not permit the exposure of thetic quality. undesirable characteristics to public view. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses . less than forty (40) feet in width, de- 1. Classification. Except in the "C-3" signed and landscaped in an aesthetic District, all alcohol sales uses, whether manner. existing or proposed, shall be classi- Predominant planting shall be of ever- fied by the City Planner or designee as green type trees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 159 10-27-1 SPECIAL I uses." All alcohol sales uses shall be erwise expressly provided in this sub classified according to current stan- section. dards pertaining to percentage of sales and retail floor space. For any alcohol sales use that existed before No alcohol sales use that is not a limited adoption of Ordinance 4976 on alcohol sales use,for which a Class 11/23/2009, where insufficient infor- E off premises liquor control li mation is available for a determina- cense has been issued, or for tion between a limited or non-limited which an application for such a li alcohol sales use according to current cense has been submitted but not standards, the use shall be classified yet granted, shall be located with- as a limited alcohol sales use and shall in 600 feet of another alcohol sales be subject to all of the requirements use holding the same class of li pertaining to such uses. Any business cense, as measured from the near requesting classification as a non- - limited alcohol sales use shall provide or outdoor service arca of an alco adequate documentation for such a hol sales use to the closest point of determination. Adequate documenta- the property line of such other al tion may consist of, but shall not be cohol sales use. limited to, tax forms filed with the No alcohol sales use that is not a limited al Iowa Alcoholic Beverages Division, cohol sales use shall be located within sales register or point-of-sale system 250 feet of another alcohol sales use reports, income statements, and/or that is not a limited alcohol sales use, other information certified as true and as measured from the n arest part of correct by a licensed public account- the building structure or outdoor ser ant or a certified public accountant. vice area of an alcohol sales use to the Any information provided by the closest point of the property line of business shall be certified by the busi- another alcohol sales use. ness as true, correct and complete un- - der penalty of perjury. 2. Drive-Up Windows. Intent. The purpose and intent of this a. No business that is an alcohol sales subsection Q is to establish alcohol use shall construct, open or install sales use regulations to avoid undue any drive-through or walk-up concentration of certain alcohol sales window or any similar drive-up or uses, to mitigate the secondary effects drive-in system, except that a of certain alcohol sales uses, to pre pharmacy may have such a system serve and protect neighborhoods from provided that no alcoholic bever- deterioration and loss of property ages may be sold or dispensed value due to incompatible uses, and through same, and except that a otherwise to promote the general grocery may have such a system purposes of the zoning ordinance. as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the sions of this subsection Q shall apply customer made the purchase in- - side the premises of the grocery. trict regulations and requirements in b. If an application has been filed for a which the land may be classified. In new license or permit to sell or the case of conflict,the most restrictive dispense alcoholic beverages with provisions shall govern, except as oth 160 10-27-1 SPECIAL I respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided informa- been classified as such within the tion indicates that the business fails to satisfy preceding three (3) months, and if the conditions to qualify as the appropriate the premises is equipped with a category of a limited alcohol sales use, either drive-through or walk-up window on the basis of the preceding twelve (12) or any similar drive-up or drive-in months viewed as a whole or the most recent system, then the application will three (3) months viewed as a whole, then not be approved until any opening such business may be deemed to be an that is part of such window or sys- unlawful use and may be subject to the en- tern is permanently closed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit demonstrates that the business exceeds to conform in materials and ap- by more than ten (10) percent any of the nu- pearance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business shall pay all cost and expense of the audit. R. Limited Alcohol Sales Uses. The city clerk shall demand reimbursement [Ordinance 4976, 11/23/09] for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the com- within thirty (30) days of the date of mailing munity, any limited alcohol sales use as-cue- the notice. Without prejudice to any other fined herein is subject to the requirements of available methods of collection, any delin- this Section. Upon request of the police chief quent amounts may be assessed against the property for collection in the same manner as or designee at any time, but not more fre- quently than semi-annually, a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or des- proof that the business satisfies the conditions ignee with respect to the status of the busi- to be for the appropriate category of a limited ness within the appropriate category of as-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division,sales register or license, the business shall certify on forms point-of-sale system reports, and/or income acceptable to the City Planner or designee statements, and/or other information certithat it continues to meet, according to current fied as true and correct by a licensed public standards pertaining to percentage of sales accountant or a certified public accountant. and retail floor space, the requirements for Any information provided by the business classification as the appropriate category of shall be certified by the business as true, cor- limited alcohol sales use, including certifica- rect accurate and complete under penalty of tion by a licensed public accountant or a certi perjury. If the business fails to provide the fied public accountant that the business meets requested information within thirty (30) days the income restrictions under current stan- after request, then such business shall be 161 10-27-1 SPECIAL I dards to qualify as the appropriate category ever, that any such pre-existing of limited alcohol sales use. wind energy facility which does S. Utility Exemption. not provide energy for a continu- ous period of twelve (12) months With the exception of the Floodway and shall meet the requirements of this Floodplain Overlay Districts, public utilities, subsection T prior to recommenc- as herein defined, shall be considered Princi- ing production of energy. How- pal Permitted Uses in all Districts under this ever, no modification or alteration Ordinance and shall be subject to the Special to an existing wind energy facility Permit process described in Section 10-27-1 shall be allowed unless in compli- (H), as well as the requirements of the appro- ance with this subsection T. priate district. Public utility equipment or structures such as poles (excluding towers), 2. Purpose wires, cables, conduits, streets, railroads in- a. The purpose of this subsection T is eluding railroad spurs, trails, driveways, to provide a regulatory means for bridges, culverts, etc. are exempt from the the construction and operation of Special Permit process. Other public utility large and small wind energy facili- structures, including buildings, power gen- ties in the City of Waterloo,subject eration facilities, substation facilities, and to reasonable restrictions, which other similar uses or structures shall not be will preserve the public health, exempt from the Special Permit process safety, and welfare. The City of unless otherwise provided by law or unless Waterloo adopts these provisions located in a Planned District including the"R- to promote the effective and effi- P", "S-1", "C-P", "B-P" and"M-2,P" Districts. cient use of the City's wind energy Towers shall be regulated by Sections 10-27- resource. 1(B)(4),10-27-1(0), and 10-27-1(T). 3. Findings T. Wind Energy Facilities. a. The City of Waterloo finds and 1. Applicability declares that: a. The requirements of this subsec- i. Wind energy is an abundant, tion T shall apply to all wind en- renewable and nonpolluting ergy facilities (large and small) for energy resource of the City which an application for a Special and its conversion to electricity Permit or building permit has may reduce dependence on been submitted to the City of Wa- nonrenewable energy sources terloo after the effective date of and decrease the air and water this subsection T. No such wind pollution that results from the energy facility shall be constructed use of conventional energy after the effective date of this sub- sources. section T except in compliance ii. The generation of electricity with this subsection T. from properly sited wind en- b. Wind energy facilities for which a ergy facilities, including small required permit has been properly systems, can be cost effective issued prior to the effective date of and in many cases existing this subsection T shall not be re- power distribution systems quired to meet the requirements of can be used to transmit elec- this subsection T; provided, how- tricity from wind-generating 162 N 11 i Er. 1-----11t-1,-3-11-10:=11=1 C111=161=11=1 r-JI-4 1=11-1_-1 IL-1 f-u I I t1 I l i i f I I I D M-1 Proposed Broadway/Logan/E 4th Overlay District r"—}(7,1 �11, , dd dd tid u.UL Lid 1=11 I l l f f.f LLJL _� WW c Imo- C 1N. E; dial IVIVIIS1111111 R-2 c-z II� - 11111111;I inn me� _ C� ��ii ..� _� rilla LI 1111ran 1111111I I -� =I= / �a.FlN! : t i I l T 1111 1 I Iii �- '� H ■M ,-HF �11� •! 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W v 1 ST. •- M-2 P„, PLEASE NOTE: .... ...- 63 ,I •.ys ' .� \_' BASE MAP DATA SOURCE IS BLACK HAWK COUNTY. ,�9``�� ,I,. /�. ,,, THIS MAP DOES NOT REPRESENT A SURVEY NO LIABILITY IS U \ ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, �lS,.,_\` �, EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY THE 3 . .• /S ,`4 s. A BLACK HAWK COUNTY ASSESSOR OF THEIR EMPLOYEES 7°. 4 THE CITY OF WATERLOO MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ,�' ON THIS MAP AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ,. Srg N ACCURACY THEREOF.USERS SHOULD REFER TO OFFICIAL , 0 Aj 1 PLATS SURVEYS RECORDED DEEDS,ETC.LOCATED AT THE O 700 Feet BLAC4 K HA WK COUNTY ASS ESSOR'S OFFICE FOR COMPLETE AND ACCURATE INFORMATION, l ru � u7 ' -' A 0 kIr4 0./ ',6* %*/ AS E111111111111111 ,,,u, g • -,*,,' / • ***v � > LLz°°,6 'owo II•. 61! tllhIuI� X111 :I W=i,wq.L,,, �,22 e � c .S` �� r. #4. ¢W- wLL z. 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AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, LIQUOR CONTROL, OF TITLE 3,LICENSE AND BUSINESS REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 6 of Chapter 2, Liquor Control, of Title 3, License and Business Regulations, is hereby amended to add a new paragraph F as follows: 3-2-6: CONDITIONS OF LICENSE OR PERMIT: F. Drive-Up Windows: Any licensee or permittee who sells or dispenses alcoholic beverages via a drive-through or walk-up window or any similar drive-up or drive-in system in violation of Title 10 of this code of ordinances shall be guilty of a violation of this ordinance. In addition to any penalties prescribed by this chapter, the licensee or permittee shall, upon conviction, obtain a building permit and proceed to permanently close said window or opening and shall finish the exterior of the work to conform in materials and appearance as closely as reasonably possible to the remainder of the exterior of the premises,within ninety (90) days of conviction of such violation. [All other provisions of Section 3-2-6 remain unmodified.] PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk Council Work Session July 23, 2012 4:30 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and Amendment to Code of Ordinances to update the regulations on drive-up windows—Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk ��•41 •AIL, CITY OF WATERLOO IOWA 04141111Y— Tax COMMUNITY PLANNING AND DEVELOPMENT d 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 Perl o o NOEL C.ANDERSON,Community Planning&Development Director Mayan MEMORANDUM BUCK CLARK To: Mayor and City Council COUNCIL From: Aric A. Schroeder, City Planner MEMBERS """•••""•••••• Date: 07/23/12 DAVID 7ONEs RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales ward l Related Businesses CAROLYN COLE In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional Ward 2 restrictions on alcohol sales related businesses with a purpose of avoiding undue HAROLD concentration of certain alcohol sales uses,to mitigate the seconty effects of certain GETTY alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of wards property value due to incompatible uses,and otherwise to promote the general purpose of the Zoning Ordinance. The changes have worked to some extent, but have not done enough HA QUEENTIN to avoid undue concentration and other negative secondary effects of such uses. Recently R a the Waterloo City Council adopted a moratorium on the issuance of any new alcohol licenses in certain areas of the City and requested that City staff review the Ordinance and RON determine what additional changes were needed to properly address the concerns that such WELPER uses are causing. Therefore,staff is proposing to further amend the Zoning Ordinance, Ward 5P P g placing further restrictions on the placement and operation of alcohol sales related BOB businesses. Please review the attached amendment for further details,but here is a summary GREENWOOD of the amendment: At-Large STEVE - The amendment would further expand upon the definition for"Alcohol Sales Use", SCHMITT requiring that all alcohol sales uses be classified as either: 1)an Incidental Alcohol At-Large Sales Use, 2)a Limited Alcohol Sales Use(off-premise consumption),3)a Limited Alcohol Sales Use(on-premise consumption),4)a Non-Limited Alcohol Sales Use (off-premise consumption),or 5) a Non-Limited Alcohol Sales Use(on-premise consumption) - The amendment would increase the percent of gross income that must come from other than alcoholic beverages from 50%to 60%for any limited alcohol sales use (off-premise consumption) - The amendment would continue to prohibit the sale of alcoholic beverages via a drive through,drive-up or similar system, and would require than any alcohol sales use that made use of such a window or system before adoption of Ordinance 4976 on 11/23/2009 shall cease and desist from use of such window or system to sell alcoholic beverages no later than December 31,2013 - The Ordinance does not prohibit an alcohol sales use from having such a drive-up window or similar system to sell other non-alcoholic items through if they already CITY WEBSITE: wwwci.waterloo.ia.us WERE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer had such a window or system,but in a separate proposed amendment to the Code of Ordinances (not part of the Zoning Ordinance Amendment),an amendment would provide that if any business sells alcoholic beverages via a drive-up or similar system in violation of the Zoning Ordinance,they shall upon conviction, in additional to other penalties,be required to permanently close said window or system. - The amendment would prohibit an alcohol sales use from constructing a new drive- up or similar system,regardless of the intended purpose of the system. An exception is provided for a pharmacy,provided that no alcoholic beverages may be sold through such a system, and an exception is provided for grocery store merchandise pick-up,as long as the customer made the purchase inside the premises. - The amendment would prohibit any limited alcohol sales use(off premise consumption)from displaying any image,verbiage or signage that makes use of the words"alcohol","beer","wine","liquor",or any variant or synonym of any such word,or any type of such beverage,or that indicates or suggests that such beverages may be purchased in or upon the premises. An exception is provided for banner, portable and temporary signage in compliance with the Ordinance. Any existing business displaying such signage shall have until December 31,2013 to conform to the requirements. This would only apply to limited alcohol sales uses(off premise consumption), and not any on-premise consumption or non-limited alcohol sales uses such as restaurants,bars or liquor stores. - The amendment would create"Alcohol Sales Use Overlay Districts" in the Broadway,Logan,E. 4th and Church Row Neighborhood(see attached map). Within these overlay districts,no new alcohols sales use,other than 1)incidental alcohol sales uses,2)pharmacies,and 3)grocery stores, shall be established, and expansion of existing uses will only be allowed through approval by the Board of Adjustment to expand a legal non-conforming use. - The amendment would require that Planning staff classify every alcohol sales use, excluding those located in the"C-3"Central Business District,as one of the specific types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol sales uses shall be classified according to current standards pertaining to percentage • of sale and retail floor space,and shall not be"grandfathered in"under previous standards. For any alcohol sales use that existed prior to adoption of Ordinance 4976 on 11/23/2009,where insufficient information is available for a determination between a limited or non-limited alcohol sales use,the use shall be classified as a limited alcohol sale use and subject to the requirements as such. Any business requesting classification as non-limited must provide adequate documentation for • such a determination. - The amendment would require that,in connection with any application for renewal of a liquor control license,a limited alcohol sales use shall certify that it continues to meet the requirements for classification as the appropriate category of limited alcohol sales use, and for a limited alcohol sales use(off premise consumption)with a Class E liquor license(excluding pharmacies and grocery stores over 10,000 square feet)it shall include certification by a licensed public accountant or a certified public accountant that the business meets the income restrictions to qualify as a limited alcohol sales use. Please contact our office if you have any questions or need any additional information on the proposed amendment. • staff memo 07-23-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Saks Related Businesses CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. a. Human genitals in a state of sexu- hol sales use, (ii) a club or hotel or al stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi- nances, (lit) an open-air event of not more than fivefour days' dura- c. Fondling or other erotic touching lion that is open to the general of human genitals, pubic region, public, (ilia) golf courses and pub- buttock or female breast. licly owned sports complexes or Alcohol Sales Uses: The following defini- facilities, or (iv) non-profit educa- tions shall govern the interpretation of the tional institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other 1. Alcohol - Protected Uses: Protected similar incidental alcohol sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a grin- plicable to alcohol sales uses gen- cipal use;a house of worship;a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- vate); public park; public recreation 4 b.Limited Alcohol Sales Use: (off- center or public specialized recreation premise consumption), which shall facility as identified in the parks and include an Any alcohol sales use recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or pharma- ic/convention center; a community provided that residential facility; a mission. Howev- more than sixty €i€ty(560) percent er, this definition shall not apply if the of its gross income is derived protected use is a legal non- from, and more than seventy-five conforming use. (75) percent of its retail floor space is devoted to, the sale of merchan- 2. Alcohol Sales: The sale of alcohol and dice, services for on-premises en- alcoholic beverages,as each such term joyment, food, and beverages oth- is defined in Chapter 123 of the Iowa er than alcoholic beverages, in ei- Code, including but not limited to (i) ther case not including the sale of liquor, beer or wine in closed contain- tobacco products, lottery tickets, ers intended for off-premises#e con- or pumped vehicle fuels such as sumption, and (ii) liquor, cocktails, gasoline, diesel and similar prod- shots, wine, beer and any part of an ucts,and provided further that not alcoholic beverage intended for on- more than twenty-five(25)percent site consumption. of its gross income as so deter- 3. Alcohol Sales Use: Arty business that mined is derived from the sale of derives income from alcohol sales_ alcoholic beverages other than Alcohol sales uses shall be classified beer or wine. as one of the following: c. Limited Alcohol Sales Use (on- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall include, other than (i) include I mined alb a rester �� _ a talcs tr.c is Lila restau rant that is 4 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. an alcohol sales use, provided that dance hall or similar establish- then more than fifty (50) percent ment. of its gross income shall be de- Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, ting property. and (ii) an alcohol sales use providing facility and product or Animals, Farm: Animals other than services rental, such as a bowling household pets,such as livestock,that,where alley,in which case more than fifty permitted, are kept and maintained for corn- (501 percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared food and non- Animals, Household Pet: Includes, but is alcoholic beverages. This use clas- not limited to, dogs, cats, rabbits,birds, ham- sification shall not include dance sters, and other similar animals kept for fami- halls, night clubs or similar facili- ly enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals, prepared food or product "Kennel". sales other than alcoholic beverag- es. For purposes of this Ordi- Animals, Livestock: Includes, but is not nance, any alcohol sales use with limited to,horses,cows,pigs,sheep,chickens on-premise consumption that fails and poultry (excluding roosters), goats, os- to meet the gross income stand- triches, rheas, emus, farm deer, and other ards stated above shall be classi- similar animals that are typically raised for fled as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumptionl Amendment: A change, supplement,revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. An amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, i.e., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on-premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use Apartment House: See Dwelling, Multi- with on-premise consumption that does not meet the definition of ei- ple. ther an incidental alcohol sales use Auction Establishments: Any property or or a limited alcohol sales use (on- structure devoted to public auction or sales, premise consumption), commonly two (2) or more times a year, for selling of known as a bar, tavern,night club, private property or consigned goods, except 5 CHAPTER 3 DEFINTTIONS 10-3-1 DEFINITIONS. rior walls shall be the useable area under the include those gaming facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Coin- above. mission and other gaming facilities which Floor Area Ratio: The gross floor area of may not be licensed by the State of Iowa Rac- all buildings on a lot divided by the lot area ing & Gaming Commission. [Ordinance 4735, on which the building or buildings are locat- 10/18/04] ed. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the private motor vehicles of the families resident sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal structure shall be considered as part of the used shall be determined by a fraction, the principal structure and subject to all yard re- numerator of which is the total square foot- age of retail floor space occupied by free- quirements contained herein. standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may include such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products;for the render- space includes enclosed display cases. The ing of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehicles, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs gardless of the actual floor space that is phys- of a major type are defined to be spray paint- ically occupied. ing, body, fender,clutch, transmission, differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines,requiring the removal of engine cylinder head or crankcase pan, re- the residents by blood or adoption. pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading • of the lot lines abutting a street, or the lot line of tires. that the principal structure faces if no lot line abuts a street, public or private. For double Group Home: A facility that is not regu- frontage lots, the front lot line shall be the lated under Chapters 135C or 237 of the Iowa street lot line that the principal structure faces Code or other state law and which,regardless or is addressed from. of size, provides living arrangements with shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring person- roulette, slot machines, blackjack, and other al assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- ll CHAPTER 5 GENERAL REGULATIONS 10 5 1 GENERAL REGULATIONS. CHAPTER 5 seen from off the premises or by the addition of other uses, or a nature which would be GENERAL REGULATIONS prohibited generally in the district involved. [Ordinance 3174, 12/14/81] To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subsec- date of non-conformity amendment and upon tion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, reconstruct- carried on diligently, or upon which a build- ed, or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- lion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. ried on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land,Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises,and Non-Conforming Lots. ing building has been substantially begun 1 preparatory to rebuilding, such excavation, Intent.There exist lots,structures, uses of demolition or removal shall be deemed to be land and structures,and characteristics of use actual construction, provided that work shall which constitute a non-conforming use as de- be carried on diligently. fined by this Ordinance, or will constitute a non-conforming use upon adoption of a fu- 1. Continuing Existing Uses. The use of tore amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- I to continue, except as expressly provided tinned even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed, but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground olation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted,a single fami- Ordinance to be incompatible with permitted ly dwelling and customary accessory uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of lions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAI'I ER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- plicable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or a lawful structure exists as of the date width,or both,of the lot shall conform of non-conformity that could not be to the regulations for the district in built after the date of non-conformity which such lot is located. under the terms of this Ordinance or No portion of said lot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage,height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- requirements established by this Or- ture, such structure may be continued dinance, nor shall any division of any after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful,provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non-conformity. be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- land than was occupied at the ef- tion of structure be destroyed by fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of de- be moved in whole or in part to struction, it shall not be recon- structed except in conformity with any portion of the lot or parcel the provisions of this Ordinance. other than that occupied by such use at the effective date of adop- [Ordinance 3393, 6/10/85] tion or amendment of this Ordi- c. Should such structure be moved j nance; for any reason for any distance c. If any such non-conforming use of whatsoever, it shall thereafter con- land ceases for any reason for a form to the regulations for the dis- period of more than one (1) year, trict in which it is located after it is any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure d. No additional structure not con- and premises in combination,exists as of the date of non-conformity that forming to the requirements of this Ordinance shall be erected in would not be allowed after the date of non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted use, conformity so long as it remains oth- shall thereafter conform to the erwise lawful, subject to the following regulations for the district,and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use,when a located shall be enlarged, extend- non-conforming use of a structure ed, constructed, reconstructed, or structure and premises in coin- moved, or structurally altered ex- bination is discontinued or aban- cept in changing the use of the doned for twelve (12) consecutive structure to a use permitted in the months or for eighteen (18) district in which it is located. The months during any three (3) year use of premises shall be governed period (except when government by the requirements of 10-5- action impedes access to the prem- 1(B)(3); ices), the structure or structure and premises in combination shall b. Any non-conforming use may be not thereafter be used except in extended throughout any parts of conformity with the regulations of a building which were manifestly the district in which it is located. arranged or designed for such use at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either solely for that reason or in combi- c. If no structural alterations are nation with other reasons, and made, any non conforming use of when the alcohol sales use is dis- a structure,or structure and prem- continued or abandoned for three ices, may, as a special exception, (3) consecutive months (except be changed to another non- when government action impedes conforming use provided that the access to the premises), the struc- ! Board of Adjustment, either by ture or structure and premises in general rule or by making findings combination shall not thereafter be in the specific case, shall find that used as an alcohol sales use except the proposed use is equally ap- in conformity with the regulations propriate or more appropriate to of the district in which it is locat- the district than the existing non- ed. This paragraph shall apply conforming use. In permitting equally to (i)_the cessation of a such change, the Board of Ad- business that is an alcohol sales justment may require appropriate use, (ii) a business that holds a li- conditions and safeguards in ac- cense or permit to operate as an cord with the provisions of this alcohol sales use but fails to con- Ordinance; tenuously and actively operate as d. Any structure, or structure and such, and iii a business that land in combination, in or on continues operating as a non- 27 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. alcohol sales use after its license or cent of the current replacement cost of permit to sell or dispense alcoholic the non-conforming structure or non- beverages, for any cause,lapses,is conforming portion of the structure as suspended or revoked, or other- the case may be, provided that the cu- wise fails to be or remain in effect. bic content existing when it became g. Where non-conforming use status non conforming shall not be in- applies to a structure and premis- creased. es in combination, removal or de- If a non-conforming structure or por- struction of the structure shall tion of a structure containing a non- eliminate the non-conforming sta- conforming use becomes physically tus of the land. Destruction for the unsafe or unlawful due to lack of re- purpose of this subsection is de- pairs and maintenance, and is de- fined as damage to an extent of dared by any duly authorized official more than fifty (50) percent of the to be unsafe or unlawful by reason of fair market value at the time of de- physical condition, it shall not thereaf- struction. [Ordinance 3393, 6/10/85] ter be restored,repaired, or rebuilt ex- h. Structural Alterations and Enlarge cept in conformity with the regula- ments. As to any building in any tions of the district in which it is locat- district devoted to a use made ed. non-conforming, after the date of Nothing in this Ordinance shall be non-conformity the building may deemed to prevent the strengthening not be structurally altered or en- or restoring to a safe condition of any larged unless such alteration or building or part thereof declared to be enlargement is approved by Vari- unsafe by any official charged with ance as provided herein and is in protecting the public safety, upon or- conformity with the lot area, the der of such official. lot frontage, yard, and height re- 7. Uses Under Special Permit Provi- quirements of the District in which situated. Such structural alteration sons Not Non-Conforming Uses. If and enlargement shall be subject an existing use is one that, by adop- to the review and approval of the tion of any zoning ordinance or Board of Adjustment. In permit- amendment thereto, would be re- ting such change,the Board of Ad- quired to have a Special Permit (other justment may require appropriate than a change through Board of Ad- conditions and safeguards in ac- justment action from a non- cord with the provisions of this conforming use to another use not Ordinance. (Ordinance 3393, generally permitted in the district), 6/10/85] then such use shall not be deemed a non-conforming use in such district, 6. Repairs and Maintenance. On any but shall without further action be non-conforming structure or portion considered a conforming use. of a structure containing a non- conforming use, work may be done in C. Fences. any period of twelve (12) consecutive 1. Fences Accessory to a Residential months on ordinary repairs, or on re- Use or in an "R" District. Residential pair or replacement of non-bearing fences or landscape features such as walls,fixtures,wiring,or plumbing,to sculptures or walls may be erected or an extent not exceeding ten (10) per- constructed with no portion extending 28 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS. Apparel Shop Paint and Wallpaper Store Bakery,retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service Bookstore Radio and Television Studios, provid- ed that any towers or transmitting fa- Candy Shops,retail only cilities are in accordance with Section Car Wash 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Shoe Repair Shops Coffee House Sporting Goods Collection Office or Public Utility Tailor Shop Commercial Parking Lots for passen- Theaters ger vehicles in accordance with the provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exclud- 11/23/09] ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishment listed above that is also a limited alcohol sales use as defined Delicatessen and Sub Shop herein, further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo limited alcohol Financial Institution sales use shall sell or dispense al- coholic beverages via a drive- Florist and Nursery Shop,retail only through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in system. Notwithstanding any- Furniture Store thing in Section 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window or system before adoption of Or- Grocery dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall comply with the requirements of Household Appliances,sale and repair this paragraph, no later than De- Jewelry Store cember 31,2013. Landscape Gardener b. -For the establishment of new lim- ited alcohol sales use locations, Launderette (Laundromat) fencing or other approved screen- Meat Locker,storage and retail sales only ing shall be constructed along the Music Store property line with any abutting protected use, unless determined 58 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS. by the City Planner or designee to determines that the proposed use is be infeasible. [Ordinance 4976, not similar in nature, it shall be con- 11/23/09] sidered a proposed use not covered c. No establishment that is a limited by title,as regulated in 10-5-1(R). alcohol sales use (off-premise con- B. Accessory Uses: sumption) shall exhibit on the ex- 1. The following accessory uses are per- terior of the premises any image or verbiage that makes use of the miffed in a"C-1" District. words "alcohol," "beer," "wine," a. Accessory uses permitted in the "liquor," or any variant or syno- "R-4" District nym of any such word, or any b. Storage of merchandise incidental type of such beverage, or that in- to the principal use may be stored dicates or suggests that such bey- in the principal building on the lot erages may be purchased in or in question,but not to exceed forty upon the premises, except that (40) percent of the floor area for banner, portable and temporary said principal building. signs shall be allowed if conform- ing to the requirements of Section C.Height Regulations. 10-26-1(C) and if not in violation No building shall exceed three (3) stories of Iowa Code § 123.51. Notwith- or forty-five (45) feet in height at the required standing anything in Section 10-5- front, side and rear yard lines, except two (2) 1(B) to the contrary, any existing feet may be added to the height permitted at business that does not conform to said yard lines for each one (1) foot that the the foregoing requirements shall building or portion thereof is set back from conform no later than December the required yard lines and except as further 31, 2013. Standards for banner, provided in Section 10-27-1. [Ordinance 4709, portable, and temporary signs 8/9/04] shall be effective immediately. 5. Business or professional office and 10-14-2 BULK REGULATIONS. similar uses not included in the above [Ordinance 3192, 2/22/82] list supplying commodities or per- [Ordinance 4592, 1/6/03] forming services primarily for resi- The following minimum requirements dents of the neighborhood subject to shall be observed subject to the modified re- the administrative review and ap- quirements contained in Section 10-27-1: proval of the Planning staff. If staff "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD w Qx3) COVERAGE FAMILY Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft.(4) Same as"R4" 35 ft. No Maximum ted Uses mum mum District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/92] (2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. 59 CHAPTER 15 "C-2"COMMERCIAL DISTRICT (3) For every additional foot the front yard depth is increased over the required setback,the rear yard depth may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street.It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. to the terms set forth for such uses in CHAPTER 15 the"C-1" District. "C-2" COMMERCIAL 2. Adult uses as defined in the defini- DISTRICT tions Section, upon approval of a Special Permit by the Board of Ad- [Ordinance 3192,2/22/82] justment after review by the Com- mission and provided that such uses 10-15-1 REGULATIONS. meet the following separation re- The regulations set forth in this Chapter quirements: and contained in Chapter 5 shall apply in a. At least 600 feet from any other the "C-2" Commercial District. The "C-2" adult use measured in a straight District is intended to provide for areas of line from the closest points of the the community which are developed or will property lines in which the adult be soon as moderate intensity commercial uses are located. area. These areas are often associated with the major traffic arteries and highways lo- b. At least 600 feet from any resi- cated within the community. Any outside dentially zoned property meas- storage of materials or equipment shall be ured in a straight line from the limited and clearly incidental and accessory closest point of the property line to the Principal Permitted Use,and shall not in which the adult use is located include the outside storage of junk or sal- to the closest residentially zoned vage material or similar debris. Outside property line. storage of materials or equipment shall not c. At least 600 feet from any pro- be permitted in a front yard. This provision tected use as defined herein shall not restrict the outside storage of which distance shall be meas- nursery, landscaping and garden material, ured in a straight line from the and licensed and operable vehicles, or unli- closest point of the property line censed operable vehicles for sale, that are which the adult use is located to 1 accessory and clearly incidental to the Prin- the closest point of the property cipal Permitted Use. This provision shall line in which is located an not restrict other outside display areas aforementioned protected use. If when such display areas display items that a protected use is a legal non- can be legally sold by a commercial business conforming use, this provision on the property and when the display area shall not apply. [Ordinance 3642, does not exceed an area equal to the area 5/1/891 occupied by the building(s)on a property. 3. Non-Limited Alcohol Sales Uses, A. Principal Permitted Uses: upon approval of a Special Permit by the Board of Adjustment after rec- ommendation of the Commission, Commercial District, except that lira- except that a Special Permit shall not ited alcohol sales uses shall conform be required if such use is located 60 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. along a principal arterial or inter- c. No non-limited alcohol sales use state according to the Urban Federal (off-premise consumption)that is Functional Classification System not a limited alcohol sales use, prepared by IDOT, provided that for which a Class E off-premises such uses meet the following re- liquor control license has been is- quirements: sued7 or for which an application a. nNo Non-limited alcohol sales for such a license has been sub- uses shall conform to the re- miffed but not yet granted7 shall quirements of Section 10-14- be located within 600 feet of an- 1(A)(4)(a)-(b)scll or dispense al other alcohol sales use holding coholic beverages via a drive the same class of license, as through _ ,,, ,,. „„ _ „a _„ measured in a straight line from any similar drive up or drive in the nerestclosest points of the system,and provided that,, property lines part of the build b_wNo With respect to any non- area—in which the of an alcohol limited alcohol sales use (off- sales uses are located. to the premise consumption) that holds closest point of the property line a Class E off premises liquor „f ouch et er alcohol sale.. . control license or for which an application for such a license has d. No non-limited alcohol sales use been submitted but not yet shall be located within 250 feet of granted shall be located within , another non-limited alcohol sales such uses arc at least 600 feet use, as measured in a straight line from the closest points of the from a protected use, and no with respect to all other non- property lines in which the also limited alcohol sales uses h hol sales uses are located. use:, shall be located within are at least 250 feet,from a protected use, as measured in a straight line from the closes«est protected use, unless determined pointpart of the property line by the City Planner to or design building structure or outdoor cc to be infeasible. The provi service area in which of-an alto- cions of this subsection (3) shall hol sales use is located to the closest point of the property line of any protected user, upon ap with the requirements of the "C 1" District. Board of Adjustment after rcc 4. Animal Hospital or VeterinaryClinic ,.ndation of mot... Commis P providing any exercising runway , ; of b .� , shall be at least two hundred (200) K ` =`R' ee�"`c''-u" feet from any "R" District and one _ _ria hundred (100) feet from any "C-1" Urban Federal Functional Clasci District boundary. fication System prepared by 5. Automobile, Motorcycle, Trailer and 1DOT. Farm Implement establishments for [Ordinance 4976, 11/23/09] display, hire and sales (excluding 61 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. auctions and not including sales lots each side facing a public street by a without a principal building except fence, wall or densely planted corn- for satellite lots when the lot is abut- pact hedge not less than six (6) feet ting or across a street from a lot with or more than eight (8) feet in height, a principal building including an of- and, for equipment yards, upon ap- ace), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by lion with their own and customers' the Commission. vehicles, but not including uses in 13. Department Stores which the major source of revenue is from body and fender work. In ad- 14. Drinking Establishments, Taverns, dition, this paragraph shall not be Bars and Night Clubs, Summer Gar- construed to include automobile, dens, and Road Houses, including tractor, or machinery salvage and entertainment and dancing, provid- used parts yards. Machinery, sal- ed that any such use that meets the vaged or used parts, and vehicles definition of Alcohol Sales Use shall not in running condition and not be- meet the requirements for an alcohol ing actively restored to running con- sales use. dition, or not DOT operational and 15. Hotels [Ordinance 4592, 1/6/03] not licensed, shall be located in an enclosed building. 16. Kennel, provided the principal building is at least 250 feet and any 6. Ballrooms and Dance Halls outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially zoned property measured in a 8. Bowling Alleys straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and 10. Commercial Baseball Fields, Swim- upon approval of a Special Permit by ming Pools, Skating, Golf Driving the Board of Adjustment after re- Ranges, commercial campgrounds view by the Commission. or similar open air recreational uses 17. Laundries or Laundromats and facilities, upon approval of a 18. Lawn Mower Repair Shop Special Permit by the Board of Ad- justment after review by the Corn- 19. Lumber Yards and Building Materi- mission. als, retail, but not including any manufacturing or fabricating for 11. Contractor Businesses, including wholesaling operations. Carpenter and Cabinet Shop,Plumb- ing and Heating Shop, Roofing 20. Mini-storage or storage rental devel- Shop, Sheet Metal Shop, Sign Paint- opment, upon issuance of a Special ing Shop, and similar uses, provided Permit, which shall review the loca- there is no outside equipment yard. tion for compatibility of surround- ing, highest and best use of land, 12. Contractor Businesses including and proximity to a major thorough- Contractor Equipment Yards, pro- fare. [Ordinance 4683, 4/12/04] It is vided that equipment yards shall be the intent of this provision for such effectively screened on each side fac- ing a Residential District and on 62 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS. uses to be towards the rear of highly subject to the administrative review visible commercial property. and approval of the Planning staff. 21. Monument Sales Yard, but not with- If staff determines that the proposed use is not similar in nature, it shall out a principal building. be considered a proposed use not 22. Off-premise advertising in accord- covered by title, as regulated in 10-5- ance with Section 10-26-1. [Ordinance 1(R). 4724, 9/20/04] 23. Motels and Auto Courts B. Accessory Uses: 24. Pet Shop,including Aquariums 1. Accessory uses permitted in the C-1 District. 25. Printing Shops, not to include more 2. Accessory uses and structures cus- than two (2) 12"x 18" inch job press- tomarily incidental to any permitted es principal uses. 26. Restaurant: Fast Food Type and Standard Type, and drive-in eating 10-15-2 BULK REGULATIONS. establishments, provided that any [Ordinance 3050, 10/1/79] such use that meets the definition of [Ordinance 3192,2/22/82] an Alcohol Sales Use shall meet the [Ordinance 4592, 1/6/03] requirements for a limited alcohol sales use(on-premise consumption). The following minimum requirements 27. Other similar service and retail busi- shall be observed, subject to the modified nesses not included in the above list requirements contained in Section 10-27-1: "C-2"COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD ni SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)(4) LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft. 20 ft. No building shall Hotels mum exceed 4 stories or Other Per- No Mini- No Min- No Minimum 20 ft,(2) Same as"R 4" 35 ft 48 feet in height (5) . mitted mum imum District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street.It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (4) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (5) For every additional foot all yard lines are increased over the required setback,the building height may be increased by two(2) feet,including allowing additional stories,except as further provided in Section 10-27-1. 63 CHAPTER 18 "C-3"CENTRAL BUSINESS DISTRICT 10-18-1 REGULATIONS. CHAPTER 18 10-5-1(B) to the contrary, any limited alcohol sales use that made use of "C-3" CENTRAL BUSINESS such a window or system before DISTRICT adoption of Ordinance 4976 on 11/23/2009 shall cease and desist [Ordinance 3192,2/22/82] from use of such a window or system, and shall comply with the require- 10-18-1 REGULATIONS. ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair Central Business District is designed and in- Shop. Vehicles not in running condi- tended to accommodate the variety of retail tions, not DOT operational and not li- stores, services and related activities which censed, machinery, salvage, or used often occupy the area within the Central parts shall be located in an enclosed Business District. "C-3" Zoning only shall building. c apply to the existing Central Business District ' 4. Exterminator Sales or areas contiguous to the Central Business District. Any outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts clearly incidental to the conduct clearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or 6. Printing and/or Publishing Houses similar debris. Outside storage of materials or equipment shall not be permitted in a front 7. Tire Shop, including vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ve- g Transportation Passenger Terminals hides, or unlicensed operable vehicles for sale, that are accessory and clearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not 1. Accessory uses permitted in the "C-2" restrict outside display areas when such dis- District play areas display items that can be legally sold by a commercial business on the proper- 2. Accessory uses and structures cus- ty and when the display area does not exceed tomarily incidental to any permitted an area equal to the area occupied by the principal uses. [Ordinance 4724, building(s)on a property. 9/L0/04] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis- [Ordinance 3192,2/22/82] trict. [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 75 CHAPTER 19 "M-1"LIGHT INDUSTRIAL DISTRICT 10-19-1 REGULATIONS. "C-3" CENTRAL BUSINESS DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM SIDE MINIMUM MAXIMUM LOT AREA LOT WIDTH LOT AREA FRONT YARD('" YARD REAR YARD HEIGHT PER FAMILY Residential Uses No Mini- No Minimum No Minimum No Minimum No Minimum No Minimum (2) mum Mobile Home 2 acres 100 feet 1,250 sq.ft. SAME AS SPECIFIED IN THE"R 1"RESIDENCE (2) Parks DISTRICT Motels/Hotels No Mini- 150 feet No Minimum 20 ft. 10 ft. 20 ft. (2) mum Other Permitted No Mini- No Minimum No Minimum (3) (4) No Minimum (2) Uses mum (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on the Official Major Street Plan. (2) No building hereafter erected or structurally altered shall exceed a height of eight(8)stories or one hundred(100)feet,but above the height permitted three(3)feet may be added to the height of the building for each one(1)foot that the building or portion thereof is setback from all sides of the lot. This requirement may be waived upon recommendation and approval by the City Council,after review by the Commission. (3) None required unless fronting on the proposed right-of-way of a thoroughfare shown on the Official Street Plan,in which case the building setback line shall be the proposed right-of-way line. (4) None except adjacent to an"R"District in which case not less than fifteen(15)feet. CHAPTER 19 less than six (6) feet or more than eight (8) feet in height. "M-1" LIGHT INDUSTRIAL DISTRICT A. Principal Permitted Uses: 1. Any use permitted in the "C-3" Dis- /Ordinance 3212,5/24/82] trict, except that alcohol sales uses shall meet the regulations of the "C-2" 10-19-1 REGULATIONS. Commercial District [Ordinance 4976, The regulations set forth in this Chapter 11/23/09] and except that no occupan- and contained in Chapter 5 shall apply in the cy permit shall be issued for any "M-1" Light Industrial District. school, hospital, clinic, or other insti- The "M-1" District is intended to provide tution for human care, or new dwell- for areas of the community which are suitable ing or residence except where physi- for industrial development adjacent to Corn- cally attached and a part of another mercial Districts. Any outside storage of ma- permitted use. This restriction shall terials, equipment or product shall be acces- apply to new dwellings or residences sory to the Principal Permitted Use and shall only, and shall not prohibit the uild- not include the outside storage of junk or sal- bilitation, reconstruction, or rebild- vage material or similar debris except in an du of dwellings or residences in in- approved recycling yard (salvage yard) and du of districts that were legally except for inoperable vehicles being restored built prior to adoption of Ordinance to running condition as part of an automobile 2479, adopted 02/03/69. Further- repair shop. Any outside storage shall be ef- more, any such legally established fectively screened on each side facing a Resi- dwelling or residence may be rebuilt, dential or Commercial District and on each if damaged or destroyed, on the same side facing a public street by a solid fence, lot as legally established, provided wall or densely planted compact hedge not that all other rules and regulations of 76 CHAPTER 20 "M-2"HEAVY INDUSTRIAL DISTRICT 10-20-2 BULK REGULATIONS. evaluate the site layout, traffic, and n. Waste Disposal or Landfill. other ordinance and code provisions. o. Waste paper yard. The impact upon existing infrastruc- 5. Alcohol Sales Uses, provided said use ture and development as well as the meets the regulations of the "C-2" overall growth and development of Commercial District. [Ordinance 4976, the community will also be reviewed. 11/23/09] [Ordinance 4735, 10/18/04] 4. No occupancy or building permit B. Accessory Uses: shall be issued for any of the follow- 1. Any accessory uses permitted in the ing uses until and unless the location "M-1" Light Industrial District. of such use shall have been authorized 2. Any accessory uses customarily acces- by the City Council after report from sory and incidental to a permitted the Fire Department and recommen- principal use. dation by the Commission: a. Slaughter houses or stock yards. C. Required Conditions. b. Manufacturing or wholesale stor- 1. The best practical means known for age of acids. the disposal of refuse matter or water- c. Cement, lime gypsum, or plaster carried waste, the abatement of ob- of paris manufacture. noxious or offensive odor, dust, d. Distillation of bones. smoke, gas,noise,or similar nuisance, shall be employed. e. Explosive manufacture or storage. f. Fat rendering. 2. All principal buildings and all acces- sory buildings or structures,including g. Fertilizer manufacture. loading and unloading facilities, shall h. Garbage, refuse or dead animal be located at least two hundred (200) reduction or dumping. feet from any "R" District and not less i. Gas manufacturing and cylinder than one hundred (100) feet from any recharging. other district except an"M-1" District. j. Glue, size or gelatin manufactur- ing 10-20-2 BULK REGULATIONS. k. Refining or wholesale storage of [Ordinance 3908, 12/21/92] petroleum or petroleum products [Ordinance 4592, 1/6/03] or gasoline. The following minimum requirements 1. Manufacturing of rubber goods. shall be observed, subject to the modified re- m. Smelting of tin, copper, zinc, or quirements contained in Section 10-27-1: iron ores. 80 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- tion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (F)(4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized,all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the required rear yard setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- each foot the front yard setback is fin- ing Code. Acceptable fencing materi- creased beyond that which is required als include but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10)feet. A 50% reduction in required points on I. Use Restrictions. the exterior of the fence will be grant- ed for fencing that is constructed from No new junk yards, salvage yards, recy- the following materials: cling yards, or construction storage yards shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said uses shall be allowed only through the ap- b. Concrete with approved design characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of gt g;, . 1-,2,e t, planting. ALCOHOL SALES USE Setback Requirements. OVERLAY DISTRICT' 1. To achieve the goals of this Section, the setback requirement shall be fifty 10-24A-1 GENERAL REGULATIONS. feet (50') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the proper- shown on the official zoning map and legally ty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- Avenue district, Logan Avenue district, E. 4th tures that are not in compliance with Street district, and Church Row Neighbor- this Section and wish to expand shall hood district. not increase the non-conformity. Any B. Purpose and Intent. proposed expansion of an existing 114 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The purpose and intent of this Chapter is terline of Fairview Avenue to its intersection to establish Alcohol Sales Use Overlay Dis- with the Northeasterly line of the Cedar Riv- tricts to avoid undue concentration of certain er; thence Southeasterly along the Northeast- alcohol uses in designated areas already erly line of the Cedar River to its intersection populated by significant numbers of alcohol with the centerline of E. Third Street; thence sales uses,to mitigate the secondary effects of Northeasterly along the centerline of E. Third certain alcohol sales uses, to preserve and Street to its intersection with the centerline of protect neighborhoods from deterioration Franklin Street; thence Northwesterly along and loss of property value due to incompati- the centerline of Franklin Street to its intersec- ble uses, and otherwise to promote the Len- tion with the centerline of Oak Avenue; eral purposes of the zoning ordinance. thence North along the centerline of Oak Av- The provisions of this Chapter shall apply enue to its intersection with the centerline of Utica Street; thence Northeasterly along the in addition to any other zoning district regu- centerline of Utica Street to its intersection lations and requirements in which the land with the centerline of Lincoln Street; thence may be classified. In the case of conflict, the Northwesterly and Northerly along the cen- most restrictive provisions shall govern, ex terline of Lincoln Street to its intersection cept as otherwise expressly provided in this with the centerline of Bratnober Street;thence Chapter. West along the centerline of Bratnober Street C. Administrative Regulations. to its intersection with the centerline of Co- lumbia Street; thence North along the center- The provisions of this Chapter shall con- line of Columbia Street to its intersection with saute the requirements for all zones that lie within the boundaries of any of the Alcohol the centerline of the Canadian and National Sales Use Overlay Districts. Railroad;thence Northwesterly along the cen- terline of the Canadian and National Railroad D. Use Restrictions. to its intersection with the centerline of No new alcohol sales uses shall be estab- Ackermant Street; thence North along the lished in an Alcohol Sales Use Overlay Dis- centerline of Ackermant Street to its intersec- trict, other than (1) incidental alcohol sales tion with the centerline of W. Parker Street; uses, (2) a limited alcohol sales use (on- thence West along the centerline of W.Parker premise consumption) that is a restaurant, or Street to its intersection with the centerline of (3) a limited alcohol sales use (off-premises Fairview Avenue and the point of beginning. consumption) that is (a) a grocery in which Logan Avenue Overlay District the retail floor space in the building equals or Beginning at the intersection of the center- exceeds 10,000 square feet or (b) a pharmacy. lines of Franklin Street and E. Mullan Ave- Expansion of alcohol sales uses other than those specifically identified above in this par- nue; thence Northwesterly along the center- agraph shall be allowed only through ap- line of Franklin Street to its intersection with proval by the Board of Adjustment process to the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its in- expand a legal non conforming use. tersection with the centerline of Utica Street; ATTACHMENT"A" thence Northeasterly along the centerline of Broadway Avenue Overlay District Utica Street to its intersection with the center- line of the former Illinois Central Railroad Beginning at the intersection of the center- Beltline (abandoned); thence Northerly along lines of W. Parker Street and Fairview Ave- the centerline of the former Illinois Central nue; thence South along the centerline of Railroad Beltline (abandoned) to its intersec- Fairview Avenue and an extension of the cen- Hon with the centerline of the Canadian and 115 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-225 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. National Railroad (formerly Illinois Central along the centerline of Walnut Street to its Railroad); thence Southeasterly along the cen- intersection with the centerline of the Union terline of the Canadian and National Railroad Pacific Railroad; thence Southwesterly along to its intersection with the centerline of E. the centerline of the Union Pacific Railroad to Mullan Avenue(also known as U.S. Highway its intersection with the centerline of Franklin 63); thence Southerly and Southwesterly Street;thence Northwesterly along the center- along the centerline of E. Mullan Avenue to line of Franklin Street to its intersection with its intersection with the centerline of Franklin the centerline of E. Second Street and the Street and the point of beginning. point of beginning. E.4th Street Overlay District Church Row Neighborhood Overlay District Beginning at the intersection of the center- Beginning at the intersection of the center- lines of Franklin Street and E. Second Street; lines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of thence Northeasterly along the centerline of E. Second Street to its intersection with the South Street to its intersection with the cen- centerline of Walnut Street; thence North- terline of Washington Street; thence South- westerly along the centerline of Walnut Street easterly along the centerline of Washington to its intersection with the centerline of Pine Street to its intersection with the centerline of Street;thence East along the centerline of Pine W. Sixth Street; thence Southwesterly along Street to its intersection with the centerline of the centerline of W. Sixth Street to its intersec- Iowa Street; thence North along the centerline tion with the centerline of Randolph Street; of Iowa Street to its intersection with the cen- thence Southwesterly in a straight line to the terline of Dane Street; thence West along the intersection of the centerlines of W. Sixth centerline of Dane Street to its intersection Street and Wellington Street; thence continu- with the Centerline of E. Mullan Avenue(also ing Southwesterly along the centerline of W. known as U.S. Highway 63); thence North Sixth Street to its first intersection with Grant along the centerline of E. Mullan Avenue to Avenue; thence continuing Southwesterly its intersection with the centerline of the along the centerline of W. Sixth Street to its Webster Street right-of-way; thence East second intersection with Grant Avenue; along the centerline of the Webster Street thence Northwesterly along the centerline of right-of-way and the centerline of Webster Grant Avenue to its third intersection with W. Street to its intersection with the centerline of Sixth Street; thence Southwesterly along the Ankeny Street; thence North along the center- centerline of W. Sixth Street to its intersection line of Ankeny Street to its intersection with with Allen Street;thence Northwesterly along the centerline of Ricker Street; thence East the centerline of Allen Street to its intersec- along the centerline of Ricker Street to its in- tion with the centerline of W. Fifth Street; tersection with the centerline of Linn Street; thence Southwesterly along the centerline of thence South along the centerline of Linn W. Fifth Street to its intersection with the cen- Street to its intersection with a line drawn be- terline of Baltimore Street; thence Southeast- tween the Southeasterly corner of Lot 4,Block erly and Southerly along the centerline of Bal- 7, Hammond and Hopkins Addition and the timore Street to its intersection with the cen- Southwesterly corner of Lot 7, Block 6, terline of Pleasant Street; thence West along Hammond and Hopkins Addition; thence the centerline of Pleasant Street to its intersec- Westerly in a straight line to the intersection lion with the centerline of W. Fifth Street; of the centerlines of E. Fourth Street and Dane thence Southwesterly along the centerline of Street; thence South along the centerline of E. W. Fifth Street to its intersection with the cen- Fourth Street to its intersection with the cen- terline of Bayard Street; thence South along terline of Walnut Street; thence Southeasterly the centerline of Bayard Street to its intersec- 116 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. tion with the centerline of Williston Avenue; loading space for every twenty thousand thence West along the centerline of Williston (20,000) square feet or major fraction thereof Avenue to its intersection with the centerline of gross floor area so used in excess of ten of Kimball Avenue; thence North along the thousand(10,000)square feet. centerline of Kimball Avenue to its intersec- 1. Each loading space shall be not less lion with the centerline of Reber Avenue; than ten(10)feet in width,twenty-five thence East along the centerline of Reber Av- (25)feet in length. enue to its intersection with the centerline of Sullivan Avenue; thence North along the cen- 2. Such space may occupy all or any part terline of Sullivan Avenue to its intersection of required yard or court space or as with the centerline of W. Second Street; specifically provided in the district in thence Northeasterly along the centerline of which it is located. W. Second Street to its intersection with the 10-25-2 OFF-STREET PARKING AREA centerline of South Street; thence Northwest- REQUIRED. erly along the centerline of South Street to its intersection with the centerline of W. Mullan A. Scope of Regulations. Avenue and the point of beginning. [Ordinance 3050, 10/1/79] [Ordinance 4634, 8/11/03] In all districts, except the "C-3" Cen- CHAPTER 25 tral Business District, "S-1" Shopping VEHICULAR USE, PARKING Center, "M-2,P" Planned Industrial District, "C-P" Planned Commercial AND LOADING AREAS, District, "B-P" Business Park District, PUBLIC GARAGES, PARKING and "R-P" Planned Residence District LOTS AND FILLING in connection with every industrial, STATIONS. commercial, business trade, institu- tional, recreational, or dwelling use, and similar uses, space for parking 10-25-1 OFF-STREET LOADING SPACES and storage of vehicles shall be pro- REQUIRED. vided in accordance with the regula- tions of this Section and subject to any [Ordinance 4634, 8/11/03] restrictions contained elsewhere in A. Regulations. this Ordinance for the district in In any district, except the "C-3" Central which such facilities are located. Business District, in connection with every 1. In the "C-3" District, for the pur- building or part thereof hereafter erected, pose of minimizing disruptive having a gross floor area of ten thousand curb-cuts and driveways and to (10,000) square feet or more, which is to be encourage the consolidation of occupied by manufacturing, storage, ware- parking space in appropriate loca- house, goods display, retail store, wholesale lions, accessory off-street parking store, market, hotel, hospital, mortuary, is not required. laundry, dry cleaning or other uses similarly 2. For parking facilities located in "S- requiring the receipt or distribution by vehi- 1" Shopping Center, "M-2,P" des of material or merchandise, there shall be Planned Industrial,"C-P" Planned provided and maintained on the same lot Commercial, "B-P" Business Park, with such building, at least one (1) off-street and "R-P" Planned Residence Dis- loading space plus one (1) additional such tricts, the schedules set forth in 117 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. sional office or multi-family, by a wall 15. Floor Area: In calculating the floor or densely planted compact hedge, area as it applies to these regulations except if the closest point of such all multiple stories including base- parking area is at least one hundred ments used as a part of the use in (100) feet from the nearest residential question, or all leasable area designed or institutional property line or across for tenant occupancy, shall be added a street. For such parking areas sepa- together to get a total floor area. Are- rated from property situated in a Res- as used only for mechanical, ware- idence District or any institutional house, storage, or other similar uses premises by an alley, the screen shall may be excluded. Also areas to be be required except along approved used for seasonal display or garden points of access, provided that the areas may be excluded. The property points of access are not more than owner must provide documentation twenty-four (24) feet wide and not of the use of all areas to be excluded less than thirty-six (36) feet apart. from the floor area calculation. A Points of access more than twenty- change in use to a non-excluded use four (24) feet wide or closer than thir- will require the area to be included in ty-six (36) feet apart shall be allowed the floor area calculation for determi- if the screen is installed on the oppo- nation on the number of parking site side of the alley with agreement of spaces required. the property owner(s). 16. Parking Lot Expansion Surfacing: I 12. Lighting: Any lighting used to illu- Any expansion of an existing parking j minate any off-street parking area or lot must be properly graded, drained any area(s) used for non-residential and hard surfaced as per Section 10- purposes shall be so arranged as to re- 25-2(D), Off-Street Parking Area Re- flect the light away from adjoining quired. This includes expansions of residential premises. [Ordinance existingparkinglots that are not hard /16/86 34426 1 surfaced. This does not mean that the 13. Parking Space: The minimum size of existing gravel lot or lots must be a parking stall shall be nine (9) feet by properly drained or hard-surfaced, eighteen(18) feet,or one hundred and just the parking expansion area. sixty two (162) square feet, excluding 17. Existing Parking Lot, New Surfacing: the area necessary for access and ma- Any existing parking lot that is being neuvering. When calculating the surfaced for the first time or recon- number of spaces required under this structed must be properly graded, Ordinance, a fractional space shall re- drained and hard surfaced as per Sec- quire an additional space. tion 10-25-2(D), Off-Street Parking Ar- 14. Site Plan: Any application for a build- ea Required. [Ordinance 3947, 6/7/93] ing permit or for an occupancy certifi- C. Design and Maintenance. cate where no building permit is re- [Ordinance 3947, 6/7/93] quired, shall include a site plan, [Ordinance 4634, 8/11/031 drawn to scale,and fully dimensioned showing any off-street parking or 1. Plan: Except for single and two fami- loading facilities,points of access to be ly residential uses, the construction provided, and an adequate number of plans for the design of parking lots handicap parking spaces. shall be subject to the approval of the City Engineer. The design shall show: 120 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. commercial messages of a transitory d. "For Sale" and "Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not permanent- signage shall be removed when ly affixed to a building or sign struc- the sale is completed;and tore that is permanently embedded in e. Political signs on private property the ground, are considered temporary in compliance with the Code of signs. Iowa. 36. Wall Sign: A sign that is in any man- 2. Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, and subdivision signs as provided 37. Window Sign: A sign affixed to or in thisSection;and r painted on the surface of a window with its message intended to be visible b. Signs which resemble traffic con- to and readable from the public way trol signs or devices. or from adjacent property. c. With respect to the premises of anyestablishment that is a limited I C. Regulation of All Signs. alcohol sales use (off-premise con- The regulations contained in this sumption) and is not located in the chapter shall apply to and regulate signs "C-3" District, any sign that in- in all Districts except the "H-C" Highway cludes any image or verbiage that Corridor Overlay Districts. No sign shall makes use of the words "alcohol," be located, erected, or maintained except "beer," "wine," "liquor," or any in compliance with these regulations. All variant or synonym of any such signs shall be considered as accessory us- word, or any type of such bever- es to a Principal Permitted Use,except for age, or that indicates or suggests off-premise advertising signs and bill- that such beverages may be pur- boards. All signs may be erected up to chased in or upon the premises, the property line, unless otherwise speci- except that banner, portable and fled in this Ordinance. Such signs shall temporary signs shall be allowed obtain a building permit and zoning ap- if conforming to the requirements proval prior to construction. of Section 10-26-1(C)(4)(j) and if 1. Exemptions: The regulations con- not in violation of Iowa Code § tained in this Section shall not apply 123.51. to: 3. Off-Premise Advertising Signs and a. Traffic control signs or devices; Billboards: b. Signs located within buildings, ex- Off-Premise Advertising is a tradi- cluding Home Occupations, or tional and legitimate advertising me- within public sports complexes or dium involving the lawful use of pri- facilities; vate property. c. Official signs of a non-commercial Off-Premise Advertising should be nature erected by public utility regulated to provide for safe struc- companies; tures to be properly located so as to 130 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PRO 1/9/89],advising the City of the poten- building structure utdoor tial hazards and necessary safeguards. area of an alcohol sales use to the 10. Mobile Home Parks, including facto- closest point of the property line of ry-built home parks and subdivisions any protected use, when meeting the if the structures are not classified as following minimum requirements: real estate. a. Where the business, when operat- 11. Rubble Disposal Site, Rubble Fill Site, ed in conformance with such rea- or clean fill site, except clean fill ap- proved as part of a development plan. posed by the Board of Adjust- A duplicate of the application submit- ment, satisfies the following crite- ted to the Black Hawk County Health ria: Department shall be submitted to the i. The proposed location, design, Commission. The application shall construction and operation of contain the signature of landowner, the particular use adequately legal description of property, a plot safeguards the health, safety plan showing area to be filled with ex- and general welfare of persons isting and proposed final elevations. residing in the adjoining or The application shall also include an surrounding residential area. estimate of the number of cubic yards ii. The business uses landscaping, necessary and length of time estimat- ed to complete filling. [Ordinance 3590, walls or structures to prevent 10/17/88] any noise, vibration or light generated by the business 12. Adult Businesses/Adult Uses [Ordi- from having a significant det- nance 3642, 5/1/89] in accordance with rimental impact upon the ad- "Adult Businesses/Adult Uses" of joining residential or protected Sections 10-3-1, 10-15-1(A)(2), and 10- uses. 27-1(N). iii. The business will not unduly 13. Gaming facilities, unless located with- increase congestion on the in a Planned District where listed as a streets in the adjoining resi- Permitted Use. [Ordinance 4735, dential area. 10/18/04] iv. The operation of the business 14. One or two-family residential strut- will not constitute a nuisance. tures when more than one (1) such b. Any Special Permit so granted by structure is erected on a single lot in the "R-1" or "R-2" District. [Ordinance the Board of Adjustment shall be subject to the following general 4855, 2/19/07] [Ordinance 4885, conditions, together with any ad- 10/15/07] ditional special conditions re- 15. Non-Limited Alcohol Sales Usesr quired by the Board of Adjust- er than limited alcohol sales uses, ment as appropriate: tcrial or interstate according to the i. Any parking area provided for Urban Federal Functional Classifies the use of customers of the lion System prepared by IDOT, or business shall be illuminated when located less than 250 feet Incasto appropriate standards urcd from the nearest part of the found in the City of Waterloo Municipal Code. Parking lot 145 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PRO\ lighting shall be directed away special use permit. [Ordinance from nearby residential prop- 4976, 11/23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to tain alcohol sales uses, to mitigate noise control. the secondary effects of certain al- Attractive litter and trash re- cohol sales uses, to preserve and ceptacles shall be located at protect neighborhoods from dete- convenient locations inside rioration and loss of property val- and outside the premises. ue due to incompatible uses, and otherwise to promote the general iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of conflict, the most restrictive provi- v. If the zoning officer deter- sions shall govern, except as oth- mines at any time that the op- eration of such a business ex- erwise expressly provided in this hibits a pattern of violating the subsection. conditions set forth in the Spe- 16. Religious facilities. cial Permit, the zoning officer ma apply to the Board of Ad- 17. Non-profit institutions of a philan- y PP y thropic or educational nature, includ- justment to reconsider the is- suance of the special use per- ing libraries but excluding philan- mit for such business. A copy thropic professional offices in the "R- of such application to recon- 4" Multiple Residence District or less sider and notice of the hearing restrictive district. Also private clubs, before the Board of Adjust- fraternities,sororities and lodges. ment on such application shall 18. Commercial mining and extraction of be provided to the owner of minerals or raw material, including such business at least ten days sand or gravel pits or borrow sites. in advance and shall also be 19. Mini-storage or storage rental devel- provided to all owners of rec- opment when in a"C-2" District. ord of property within two hundred fifty (250) feet of the 20. Towers including wireless communi- subject property. If the Board cations and wind generation devices, of Adjustment finds that the except as provided in Sections 10-27- operation of such business ex- 1(B)(4),10-27-1(D),and 10-27-1(T). hibits a pattern of violating the 21. Kennels. conditions set forth in the Spe- cial Permit, the Board of Ad- 22. Public utility structures and equip- justment shall have the author- ment necessary for the operation ity to amend or revoke the 146 10-27-1 SPECIAL PROS P. Buffers Required. height of planting shall be adequate to serve as an effective visual screen. [Ordinance 3050, 10/1/79] [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trasting and conflicting uses is across a barn- quiring a buffer between them are er and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce tive and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- ting or contrasting or conflicting use. wise provided by law. However, in The following conditions shall require a the event that any or all of the im- buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc. for the pur- pose of renewal, redevelopment, etc., 1. All "C" Districts which abut any "R-1" that portion of such property being or "R-2" District shall be buffered as renewed, redeveloped, etc. shall be required in this article. considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as 2. Where one of the two(2)different dis- required in this article. tricts g re uirin a buffer between them requiring Buffers required under theprovisions of is partially developed, the developer this article or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- name material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts requiring a buffer follows a street right-of- shall be designed for both structural way,railroad,stream,or other similar barrier, adequacy and aesthetic quality. The use of weather resistant wood, metal the requirement for a buffer may be waived or manufacturing substitutes may be by the City Planner or designee, provided such waiver does not permit the exposure of used as an accessory material for aes- theticquality. undesirable characteristics to public view. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-Regulatiofts. less than forty (40) feet in width, de- 1. Classification. Except in the "C-3" signed and landscaped in an aesthetic District,all alcohol sales uses,whether manner. existing or proposed, shall be classi- Predominant planting shall be of ever- fied by the City Planner or designee as green type frees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 159 10-27-1 SPECIAL PRO) uses." All alcohol sales uses shall be classified according to current stand- se , ards pertaining to percentage of sales 2 "_-_ . „ Rcgui "m tc. and retail floor space. For any alcohol sales use that existed before adoption 3. No alcohol sales use that is not a lim of Ordinance 4976 on 11/23/2009, ' mil- alesuse—for—whieh a where insufficient information is • available for a determination between license has been issued, or for a limited or non-limited alcohol sales use according to current standards, ' ' ' itted' b t not the use shall be classified as a limited alcohol sales use and shall be subject to all of the requirements pertaining use holding the same class of li to such uses. Any business requesting cense, as measured from the near classification as a non-limited alcohol sales use shall provide adequate doe- outdoor serMiee area of an alas umentation for such a determination. Adequate documentation may consist of, but shall not be limited to, tax eeh"' s forms filed with the Iowa Alcoholic No alcohol sales use that is not a limited al Beverages Division, sales register or point-of-sale system reports, income 250 feet of another alcohol sales use statements, and/or other information that is not a limited alcohol sales use, certified as true and correct by a li- as measured from the nearest part of censed public accountant or a certified public accountant. Any information vice area of an alcohol sales use to the provided by the business shall be cer- closest point of the property line of tified by the business as true, correct and complete under penalty of per- - •u� ry 2. Drive-Up Windows. a. No business that is an alcohol sales to establish alcohol sales use rcgula use shall construct, open or install any drive-through or walk-up window or any similar drive-up or drive-in system, except that a sales uses, to preserve and protect pharmacy may have such a system provided that no alcoholic bever- loss of property value due to incom ages may be sold or dispensed patible uses, and otherwise to pro through same, and except that a mote the general purposes of the zon grocery may have such a system as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the lions of this subsection Q shall apply customer made the purchase in- in addition to any other zoning dis side the premises of the grocery. b. If an application has been filed for a which the land may be classified. In new license or permit to sell or dispense alcoholic beverages with provisions shall govern, except as oth 160 10-27-1 SPECIAL PRO) respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided infor- been classified as such within the mation indicates that the business fails to sat- preceding three (3) months, and if isfy the conditions to qualify as the appropri- the premises is equipped with a ate category of a limited alcohol sales use, drive-through or walk-up window either on the basis of the preceding twelve or any similar drive-up or drive-in (12) months viewed as a whole or the most system, then the application will recent three (3) months viewed as a whole, not be approved until any opening then such business may be deemed to be an that is part of such window or sys- unlawful use and may be subject to the en- tem is permanently closed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit demonstrates that the business exceeds to conform in materials and ap- by more than ten (10) percent any of the nu- eaance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business shall pay all cost and expense of the audit. R. Limited Alcohol Sales Uses. The city clerk shall demand reimbursement [Ordinance 4976, 11/23/09] for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the com- within thirty (30) days of the date of mailing munity, any limited alcohol sales use as-de- the notice. Without prejudice to any other fined herein is subject to the requirements of available methods of collection, any delin- this Section. Upon request of the police chief quent amounts may be assessed against the or designee at any time, but not more fre- property for collection in the same manner as quently than semi-annually, a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or de- proof that the business satisfies the conditions signee with respect to the status of the busi- to be-for the appropriate category of a limited ness within the appropriate category of as-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division,sales register or license, the business shall certify on forms point-of-sale system reports, and/or income acceptable to the City Planner or designee statements, and/or other information certi- that it continues to meet, according to current fled as true and correct by a licensed public standards pertaining to percentage of sales accountant or a certified public accountant. and retail floor space, the requirements for Any information provided by the business classification as the appropriate category of shall be certified by the business as true, cor- limited alcohol sales use. In addition, if the rect aeeate-and complete under penalty of licensee holds a Class E liquor control license perjury. If the business fails to provide the and is not (a) a grocery in which the retail requested information within thirty (30) days floor space in the building equals or exceeds after request, then such business shall be 10,000 square feet or (b) a pharmacy, then the 161 10-27-1 SPECIAL PRO) business shall furnish a certification by a li- issued prior to the effective date of censed public accountant or a certified public this subsection T shall not be re- accountant that the business meets the in- quired to meet the requirements of come restrictions under current standards to this subsection T; provided, how- qualify as the appropriate category of limited ever, that any such pre-existing alcohol sales use. wind energy facility which does S. Utility Exemption. not provide energy for a continu- ous period of twelve (12) months With the exception of the Floodway and shall meet the requirements of this Floodplain Overlay Districts, public utilities, subsection T prior to recommenc- as herein defined, shall be considered Princi- ing production of energy. How- pal Permitted Uses in all Districts under this ever, no modification or alteration Ordinance and shall be subject to the Special to an existing wind energy facility Permit process described in Section 10-27-1 shall be allowed unless in compli- (H), as well as the requirements of the appro- ance with this subsection T. priate district. Public utility equipment or 2. Purpose structures such as poles (excluding towers), wires, cables, conduits, streets, railroads in- a. The purpose of this subsection T is cluding railroad spurs, trails, driveways, to provide a regulatory means for bridges, culverts, etc. are exempt from the the construction and operation of Special Permit process. Other public utility large and small wind energy facili- structures, including buildings, power gener- ties in the City of Waterloo,subject ation facilities, substation facilities, and other to reasonable restrictions, which 1 similar uses or structures shall not be exempt will preserve the public health, from the Special Permit process unless oth- safety, and welfare. The City of erwise provided by law or unless located in a Waterloo adopts these provisions Planned District including the "R-P", "S-1", to promote the effective and effi- "C-P", "B-P" and "M-2,P" Districts. Towers dent use of the City's wind energy shall be regulated by Sections 10-27-1(B)(4), resource. 10-27-1(0),and 10-27-1(T). 3. Findings T. Wind Energy Facilities. a. The City of Waterloo finds and 1. Applicability declares that: a. The requirements of this subsec- i. Wind energy is an abundant, lion T shall apply to all wind en- renewable and nonpolluting ergy facilities (large and small) for energy resource of the City which an application for a Special and its conversion to electricity Permit or building permit has may reduce dependence on been submitted to the City of Wa- nonrenewable energy sources terloo after the effective date of and decrease the air and water this subsection T. No such wind pollution that results from the energy facility shall be constructed use of conventional energy after the effective date of this sub- sources. section T except in compliance ii. The generation of electricity with this subsection T. from properly sited wind en- b. Wind energy facilities for which a ergy facilities, including small required permit has been properly systems, can be cost effective 162 ITY _ ireyr COMMUNITY PLANNING AND DEVELOPMENT . 0 715 fir:U4berry Street . Waterloo,Powa 50 70 3-5 783 . {319)29 T-4366 Fax(319)291-4262 330 NOEL C.A.NDERSON,Cornaamiyilaanrns.&Prvi£rnTrent armor a ,. MEMORANDUM BUCK CLARK To: Mayor and City Council COUNCIL From: Aric A. Schroeder, City Planner MEMBERS ''"" . ... Date: 07/23/12 LAtiID JONES RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales Ward j Related Businesses CAROLYN COLE In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional ward 2 restrictions on alcohol sales related businesses with a purpose of avoiding undue HAROLD concentration of certain alcohol sales uses,to mitigate the secondary effects of certain GETTY alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of Ward 3 property value due to incompatible uses,and otherwise to promote the general purpose of the Zoning Ordinance. The changes have worked to some extent,but have not done enough QUENTIN to avoid undue concentration and other negative HART g secon cry effects of such uses. Recently Ward 4 the Waterloo City Council adopted a moratorium on the issuance of any new alcohol licenses in certain areas of the City and requested that City staff review the Ordinance and RON determine what additional changes were needed to properly address the concerns that such WEEPER uses are causing. Therefore,staff is proposing to further amend the Zoning Ordinance, Ward 5 placing further restrictions on the placement and operation of alcohol sales related BOB businesses. Please review the attached amendment for further details,but here is a summary GREENWOOD of the amendment: SIEVE - The amendment would further expand upon the definition for"Alcohol Sales Use", SCI vIITF requiring that all alcohol sales uses be classified as either: 1)an Incidental Alcohol AY-=..,,ge Sales Use,2)a Limited Alcohol Sales Use(off-premise consumption),3)a Limited Alcohol Sales Use(on-premise consumption),4)a Non-Limited Alcohol Sales Use (off-premise consumption),or 5)a Non-Limited Alcohol Sales Use(on-premise consumption) - The amendment would increase the percent of gross income that must come from other than alcoholic beverages from 50%to 60%for any limited alcohol sales use (off-premise consumption) - The amendment would continue to prohibit the sale of alcoholic beverages via a drive through,drive-up or similar system,and would require than any alcohol sales use that made use of such a window or system before adoption of Ordinance 4976 on 11/23/2009 shall cease and desist from use of such window or system to sell alcoholic beverages no later than December 31,2013 - The Ordinance does not prohibit an alcohol sales use from having such a drive-up window or similar system to sell other non-alcoholic items through if they already CITY WEBSITE: www.r_.waterloo a.us WE'RE WORKING FOR YOU «✓ An.Equal Opporrunitf/Aillr aOve Attion E-;E Oyer had such a window or system,but in a separate proposed amendment to the Code of Ordinances(not part of the Zoning Ordinance Amendment),an amendment would provide that if any business sells alcoholic beverages via a drive-up or similar system in violation of the Zoning Ordinance,they shall upon conviction,in additional to other penalties,be required to permanently close said window or system. - The amendment would prohibit an alcohol sales use from constructing a new drive- up or similar system,regardless of the intended purpose of the system. An exception is provided for a pharmacy,provided that no alcoholic beverages may be sold through such a system, and an exception is provided for grocery store merchandise pick-up,as long as the customer made the purchase inside the premises. - The amendment would prohibit any limited alcohol sales use(off premise consumption)from displaying any image,verbiage or signage that makes use of the words"alcohol","beer","wine","liquor",or any variant or synonym of any such word,or any type of such beverage,or that indicates or suggests that such beverages may be purchased in or upon the premises. An exception is provided for banner, portable and temporary signage in compliance with the Ordinance. Any existing business displaying such signage shall have until December 31,2013 to conform to the requirements. This would only apply to limited alcohol sales uses(off premise consumption),and not any on-premise consumption or non-limited alcohol sales uses such as restaurants,bars or liquor stores. - The amendment would create"Alcohol Sales Use Overlay Districts"in the Broadway,Logan,E.4th and Church Row Neighborhood(see attached map). Within these overlay districts,no new alcohols sales use,other than I)incidental alcohol sales uses,2)pharmacies,and 3)grocery stores, shall be established, and expansion of existing uses will only be allowed through approval by the Board of Adjustment to expand a legal non-conforming use. - The amendment would require that Planning staff classify every alcohol sales use, excluding those located in the"C-3"Central Business District,as one of the specific types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol sales uses shall be classified according to current standards pertaining to percentage of sale and retail floor space,and shall not be"grandfathered in"under previous standards. For any alcohol sales use that existed prior to adoption of Ordinance 4976 on 11/23/2009,where insufficient information is available for a determination between a limited or non-limited alcohol sales use,the use shall be classified as a limited alcohol sale use and subject to the requirements as such. Any business requesting classification as non-limited must provide adequate documentation for such a determination. - The amendment would require that,in connection with any application for renewal of a liquor control license,a limited alcohol sales use shall certify that it continues to meet the requirements for classification as the appropriate category of limited alcohol sales use, and for a limited alcohol sales use(off premise consumption)with a Class E liquor license(excluding pharmacies and grocery stores over 10,000 square feet)it shall include certification by a licensed public accountant or a certified public accountant that the business meets the income restrictions to qualify as a limited alcohol sales use. Please contact our office if you have any questions or need any additional information on the proposed amendment. staff memo 07-23-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Sales Related Businesses CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Ia. Human genitals in a state of sexu- hol sales use, (ii) a club or hotel or al stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi- ual intercourse or sodomy;or nances, (iii) an open-air event of not more than fivcfour days' dura- c. Fondling or other erotic touching tion that is open to the general of human genitals, pubic region, public, (iiiv) golf courses and pub- buttock or female breast. licly owned sports complexes or Alcohol Sales Uses: The following defini- facilities, er-(iv) non-profit educa- tions shall govern the interpretation of the tionai institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other 1. Alcohol - Protected Uses: Protected similar incidental alcohol sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a prin- plicable to alcohol sales uses gen- cipal use; a house of worship; a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- vate); public park; public recreation 4 b.Limited Alcohol Sales Use: (off- center or public specialized recreation premise consumption), which shall facility as identified in the parks and include an alcohol sales use recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or pharma- ic/convention center; a community a as defined above, provided that residential facility; a mission. Howev more than sixty €i€ty (560) percent er, this definition shall not apply if the of its gross income is derived protected use is a legal non- from, and more than seventy-five I conforming use. (75) percent of its retail floor space is devoted to, the sale of merchan- 2. Alcohol Sales: The sale of alcohol and dise, services for on-premises en- alcoholic beverages, as each such term joyment, food, and beverages oth- is defined in Chapter 123 of the Iowa er than alcoholic beverages, in ei- Code, including but not limited to (i) ther case not including the sale of liquor, beer or wine in closed contain- tobacco products, lottery tickets, ers intended for off-premisesite con- or pumped vehicle fuels such as sumption, and (ii) liquor, cocktails, gasoline, diesel and similar prod- shots, wine, beer and any part of an ucts,and provided further that not alcoholic beverage intended for on- more than twenty-five (25) percent site consumption. of its gross income as so deter- 3. Alcohol Sales Use: Any business that mined is derived from the sale of derives income from alcohol sales, alcoholic beverages other than Alcohol sales uses shall be classified beer or wine. as one of the following: c. Limited Alcohol Sales Use (on- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall include, other than (i) include If such limited alcohol a restaurant that is a limited alco sales use is fi) a restaurant that is 4 CHAl'I ER 3 DEFINITIONS 10-3-1 DEFINITIONS. an alcohol sales use, provided that dance hall or similar establish theft more than fifty (50) percent ment. of its gross income shall be de- Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, tingproperty. and (ii) an alcohol sales use providing facility and product or Animals, Farm: Animals other than services rental, such as a bowling household pets, such as livestock, that,where alley,in which case more than fifty permitted, are kept and maintained for corn- (50) percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared food and non- Animals, Household Pet: Includes, but is alcoholic beverages. This use clas- not limited to, dogs, cats, rabbits, birds, ham- sification shall not include dance sters,and other similar animals kept for fami- halls, night clubs or similar facili- ly enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals, prepared food or product "Kennel". sales other than alcoholic beverag- es. For purposes of this Ordi- Animals, Livestock: Includes, but is not nance, any alcohol sales use with limited to, horses, cows, pigs, sheep, chickens on-premise consumption that fails and poultry (excluding roosters), goats, os- to meet the gross income stand- triches, rheas, emus, farm deer, and other ards stated above shall be classi- similar animals that are typically raised for fied as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumption). Amendment: A change, supplement,revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. Art amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, i.e., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on-premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use with on-premise consumption that Apartment House: See Dwelling, Multi- does not meet the definition of ei- ple• ther an incidental alcohol sales use Auction Establishments: Any property or or a limited alcohol sales use (on- structure devoted to public auction or sales, premise consumption), commonly two (2) or more times a year, for selling of known as a bar, tavern,night club, private property or consigned goods, except 5 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. rior walls shall be the useable area under the include those gaming facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Corn- above. mission and other gaming facilities which Floor Area Ratio: The gross floor area of may not be licensed by the State of Iowa Rac all buildings on a lot divided by the lot area 1ng & Gaming Commission. [Ordinance 4735, on which the building or buildings are locat- 10/18/04] ed. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the sales uses for which this Ordinance imposes a private motor vehicles of the families resident limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal used shall be determined by a fraction, the structure shall be considered as part of the numerator of which is the total square foot- principal structure and subject to all yard re- age of retail floor space occupied by free- quirements contained herein. standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may include such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products; for the render- space includes enclosed display cases. The ing of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehicles, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs gardless of the actual floor space that is phys- of a major type are defined to be spray paint- ically occupied. ing, body,fender, clutch, transmission,differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines,requiring the removal of engine cylinder head or crankcase pan, re- the residents by blood or adoption. pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading of the lot lines abutting a street, or the lot line of fires. that the principal structure faces if no lot line abuts a street, public or private. For double Group Home: A facility that is not regu- frontage lots, the front lot line shall be the lated under Chapters 135C or 237 of the Iowa street lot line that the principal structure faces Code or other state law and which,regardless or is addressed from. of size, provides living arrangements with shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring person- roulette, slot machines, blackjack, and other al assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- 11 I CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. CHAPTER 5 seen from off the premises or by the addition GENERAL REGULATIONS of other uses, or a nature which would be prohibited generally in the district involved. [Ordinance 3174, 12/14/81] To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subsec- date of non-conformity amendment and upon lion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, reconstruct- carried on diligently, or upon which a build- ed, or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- tion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. ried on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land,Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises,and Non-Conforming Lots. ing building has been substantially begun preparatory to rebuilding, such excavation, Intent. There exist lots, structures, uses of demolition or removal shall be deemed to be land and structures, and characteristics of use actual construction, provided that work shall which constitute a non-conforming use as de- be carried on diligently. fined by this Ordinance, or will constitute a non-conforming use upon adoption of a fu- 1. Continuing Existing Uses. The use of ture amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- to continue, except as expressly provided timed even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed, but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground olation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted,a single fami- Ordinance to be incompatible with permitted ly dwelling and customary accessory uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of lions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- plicable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or a lawful structure exists as of the date width,or both,of the lot shall conform of non-conformity that could not be to the regulations for the district in built after the date of non-conformity which such lot is located. under the terms of this Ordinance or No portion of said lot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage,height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- requirements established by this Or- tore, such structure may be continued dinance, nor shall any division of any after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful,provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non conformity. be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- land than was occupied at the ef- tion of structure be destroyed by • fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of de- be moved in whole or in part to struction, it shall not be recon- any portion of the lot or parcel structed except in conformity with other than that occupied by such the provisions of this Ordinance. use at the effective date of adop- [Ordinance 3393, 6/10/85] tion or amendment of this Ordi- c. Should such structure be moved nance; for any reason for any distance c. If any such non-conforming use of whatsoever, it shall thereafter con- land ceases for any reason for a form to the regulations for the dis- period of more than one (1) year, trict in which it is located after it is any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure and premises in combination,exists as d. No additional structure not con- of the date of non-conformity that forming to the requirements of would not be allowed after the date of this Ordinance shall be erected in non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted use, conformity so long as it remains oth- shall thereafter conform to the erwise lawful,subject to the following regulations for the district,and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use,when a located shall be enlarged, extend- non-conforming use of a structure ed, constructed, reconstructed, or structure and premises in corn- moved, or structurally altered ex- bination is discontinued or aban- cept in changing the use of the doned for twelve (12) consecutive structure to a use permitted in the months or for eighteen (18) district in which it is located. The months during any three (3) year use of premises shall be governed period (except when government by the requirements of 10-5- action impedes access to the prem- 1(B)(3); ises), the structure or structure and premises in combination shall b. Any non conforming use may be extended throughout any parts of not thereafter be used except in a building which were manifestly conformity with the regulations of arranged or designed for such use the district in which it is located. at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either c. If no structural alterations are solely for that reason or in combi- made, any non-conforming use of nation with other reasons, and a structure,or structure and prem- when the alcohol sales use is dis ices, may, as a special exception, continued or abandoned for three be changed to another non- (3) consecutive months (except conforming use provided that the when government action impedes Board of Adjustment, either by access to the premises), the struc- general rule or by making findings tore or structure and premises in in the specific case, shall find that combination shall not thereafter be the proposed use is equally ap- used as an alcohol sales use except the propriate or more appropriate to in conformity with the regulations the district than the existing non- of the district in which it is locat- conforming use. In permitting ed. This paragraph shall apply such change, the Board of Ad- equally to (i) the cessation of a justment may require appropriate business that is an alcohol sales conditions and safeguards in ac- use, (ii) a business that holds a li- cord with the provisions of this cense or permit to operate as an Ordinance; alcohol sales use but fails to con- tinuously and actively operate as d. Any structure, or structure and such, and te(iii) a business that land in combination, in or on continues operating as a non- 27 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. alcohol sales use after its license or cent of the current replacement cost of permit to sell or dispense alcoholic the non-conforming structure or non- beverages, for any cause, lapses, is conforming portion of the structure as suspended or revoked, or other- the case may be, provided that the cu- wise fails to be or remain in effect. bic content existing when it became g. Where non-conforming use status non conforming shall not be in applies to a structure and premis- creased. es in combination, removal or de- If a non-conforming structure or por- struction of the structure shall tion of a structure containing a non- eliminate the non-conforming sta- conforming use becomes physically tits of the land. Destruction for the unsafe or unlawful due to lack of re- purpose of this subsection is de- pairs and maintenance, and is de- fined as damage to an extent of dared by any duly authorized official more than fifty (50) percent of the to be unsafe or unlawful by reason of fair market value at the time of de- physical condition, it shall not thereaf- struction. [Ordinance 3393, 6/10/85] ter be restored,repaired,or rebuilt ex- h. Structural Alterations and Enlarge cept in conformity with the regula- ments. As to any building in any tions of the district in which it is locat- district devoted to a use made ed. non-conforming, after the date of Nothing in this Ordinance shall be non-conformity the building may deemed to prevent the strengthening not be structurally altered or en- or restoring to a safe condition of any larged unless such alteration or building or part thereof declared to be enlargement is approved by Vari- unsafe by any official charged with ance as provided herein and is in protecting the public safety, upon or- conformity with the lot area, the der of such official. lot frontage, yard, and height re- 7. Uses Under Special Permit Provi- quirements of the District in which sions Not Non-Conforming Uses. If situated. Such structural alteration an existing use is.one that, by adop- and enlargement shall be subject lion of any zoning ordinance or to the review and approval of the amendment thereto, would be re- Board of Adjustment. In permit- quired to have a Special Permit (other ting such change,the Board of Ad- than a change through Board of Ad- justment may require appropriate justment action from a non- conditions and safeguards in ac- conforming use to another use not cord with the provisions of this generally permitted in the district), Ordinance. [Ordinance 3393, then such use shall not be deemed a 6/10/85] non-conforming use in such district, 6. Repairs and Maintenance. On any but shall without further action be non-conforming structure or portion considered a conforming use. of a structure containing a non- conforming use, work may be done in C. Fences. any period of twelve (12) consecutive 1. Fences Accessory to a Residential months on ordinary repairs, or on re- Use or in an "R" District. Residential pair or replacement of non-bearing fences or landscape features such as walls,fixtures,wiring,or plumbing,to sculptures or walls may be erected or an extent not exceeding ten (10) per- constructed with no portion extending 28 CHAPTER 14 "C-I"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS. Apparel Shop Paint and Wallpaper Store Bakery,retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service Bookstore Radio and Television Studios, provid- Candy Shops,retail only ed that any towers or transmitting fa- cilities are in accordance with Section Car Wash 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Shoe Repair Shops Coffee House Collection Office or Public Utility Sporting Goods Tailor Shop Commercial Parking Lots for passen- ger vehicles in accordance with the Theaters provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exclud- 11/23/091 ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishment listed above that is also a Delicatessen and Sub Shop limited alcohol sales use as defined herein,further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo limited alcohol Financial Institution sales use shall sell or dispense al- coholic beverages via a drive- Florist and Nursery Shop,retail only through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in Furniture Store system. Notwithstanding any- thing in Section 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window or system before adoption of Or- Grocery dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall comply with the requirements of Household Appliances,sale and repair this paragraph, no later than De- Jewelry Store cember 31,2013. Landscape Gardener b. -For the establishment of new lint itcd alcohol sales use locations, Launderette(Laundromat) fencing or other approved screen- Meat Locker,storage and retail sales only ing shall be constructed along the Music Store property line with any abutting protected use, unless determined 58 CHAI'1 ER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS. by the City Planner or designee to determines that the proposed use is be infeasible. [Ordinance 4976, not similar in nature, it shall be con- 11/23/09] sidered a proposed use not covered c. No establishment that is a limited by title,as regulated in 10-5-1(R). alcohol sales use (off-premise con- B. Accessory Uses: sumption) shall exhibit on the ex- 1. The following accessory uses are per- terior of the premises any image mitted in a"C-1" District. or verbiage that makes use of the words "alcohol," "beer," `wine," a. Accessory uses permitted in the "liquor," or any variant or syno- "R-4" District nym of any such word, or any b. Storage of merchandise incidental type of such beverage, or that in- to the principal use may be stored dicates or suggests that such bev- in the principal building on the lot erages may be purchased in or in question,but not to exceed forty upon the premises, except that (40) percent of the floor area for banner, portable and temporary said principal building. signs shall be allowed if conform- ing to the requirements of Section C. Height Regulations. 10-26-1(C) and if not in violation No building shall exceed three (3) stories of Iowa Code § 123.51. Notwith- or forty-five (45) feet in height at the required standing anything in Section 10-5- front, side and rear yard lines, except two (2) 1(B) to the contrary, any existing feet may be added to the height permitted at business that does not conform to said yard lines for each one (1) foot that the the foregoing requirements shall building or portion thereof is set back from conform no later than December the required yard lines and except as further 31, 2013. Standards for banner, provided in Section 10-27-1. [Ordinance 4709, portable, and temporary signs 8/9/64] shall be effective immediately: 10-14-2 BULK REGULATIONS. 5. Business or professional office and similar uses not included in the above [Ordinance 3192, 2/22/82] list supplying commodities or per- [Ordinance 4592, 1/6/03] forming services primarily for resi- The following minimum requirements dents of the neighborhood subject to shall be observed subject to the modified re- the administrative review and ap- quirements contained in Section 10-27-1: proval of the Planning staff. If staff "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD(I) (2)(3) COVERAGE FAMILY Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft l+) Same as"R-4" 35 ft. No Maximum ted Uses mum mum District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/92] (2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. 59 CHAPTER 15 "C-2"COMMERCIAL DISTRICT (3) For every additional foot the front yard depth is increased over the required setback,the rear yard depth may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. CHAPTER 15 to the terms set forth for such uses in the"C-1" District. "C-2" COMMERCIAL DISTRICT 2. Adult uses as defined in the defini- tions Section, upon approval of a (Ordinance 3192, 2/22/82] Special Permit by the Board of Ad- justment after review by the Com- 10-15-1 REGULATIONS. mission and provided that such uses meet the following separation re- The regulations set forth in this Chapter quirements: and contained in Chapter 5 shall apply in the "C-2" Commercial District. The "C-2" a. At least 600 feet from any other District is intended to provide for areas of adult use measured in a straight the community which are developed or will line from the closest points of the property lines in which the adult be soon as moderate intensity commercial uses are located. area. These areas are often associated with the major traffic arteries and highways lo- b. At least 600 feet from any resi- cated within the community. Any outside dentially zoned property meas- storage of materials or equipment shall be ured in a straight line from the limited and clearly incidental and accessory closest point of the property line to the Principal Permitted Use, and shall not in which the adult use is located include the outside storage of junk or sal- to the closest residentially zoned vage material or similar debris. Outside property line. storage of materials or equipment shall not c. At least 600 feet from any pro- be permitted in a front yard. This provision tected use as defined herein shall not restrict the outside storage of which distance shall be meas- nursery, landscaping and garden material, ured in a straight line from the and licensed and operable vehicles, or unli- closest point of the property line censed operable vehicles for sale, that are which the adult use is located to accessory and clearly incidental to the Prin- the closest point of the property cipal Permitted Use. This provision shall line in which is located an not restrict other outside display areas aforementioned protected use. If when such display areas display items that a protected use is a legal non- can be legally sold by a commercial business conforming use, this provision on the property and when the display area shall not apply. [Ordinance 3642, does not exceed an area equal to the area 5/1/891 occupied by the building(s)on a property. 3. Non-Limited Alcohol Sales Uses, A. Principal Permitted Uses: upon approval of a Special Permit by rec- 1. Any use permitted in the "C-1" the Board of Adjustment after Commercial District, except that lim- ommendation of the Commission, ited alcohol sales uses shall conform except that a Special Permit shall not be required if such use is located 60 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. along a principal arterial or inter- c. No non-limited alcohol sales use state according to the Urban Federal (off-premise consumption) that is Functional Classification System not a limited alcohol ,ales use, prepared by IDOT, provided that for which a Class E off premises such uses meet the following re- liquor control license has been is- quirements: sued;or for which an application a. nNo Non-limited alcohol sales for such a license has been sub uses shall conform to the re_ miffed but not yet granted; shall quirements of Section 10 14 be located within 600 feet of an- 1(A)(4)(a)-(b) ell or dispense al other alcohol sales use holding coholic beverages via a drive the same class of license, as through or walk up window or measured in a straight line from any similar drive up or drive in the ncarestclosest points of the property lines part of tc buil system.and provided that, d ing structure or outdoor service b. wNo With respect to any non- area in which the of an alcohol limited alcohol sales use (off- sales uses are located. to the premise consumption) that holds closest point of the property line a Class E off premises liquor of such other alcohol sales use. control license or for which an application for such a license has d. No non-limited alcohol sales use been submitted but not yet shall be located within 250 feet of granted shall be located within ; another non-limited alcohol sales such uses arc at least 600 feet use, as measured in a straight from a protected use, and no line from the closest points of the property lines in which the alco- with respect to all other non- limited alcohol sales uses—s hoI sales uses are located. ue uses shall be located within are Fencing or other approved screening at least 250 feet,from a protected shall be constructed along the use, as measured in a straight property line with any abutting line from the closestnearest protected use, unless determined pointpart of the property line by the City Planner to or de-ign building structure or outdoor ec to be infeasible. The provi service area in which of an alco- sions of this subsection (3) shall hol sales use is located to the not apply to limited alcohol sales closest point of the property line uses, which shall inst ad comply of any protected use, upon ap with the requirements of the "C proval of a Special Permit by the 1" District. Board of Adjustment after rec 4. Animal Hospital or Veterinary Clinic ommendation of the Commis providing any exercising runway cion, except that a Special Permit shall be at least two hundred (200) shall not be required if Such use feet from any "R" District and one is located along a principal arts hundred (100) feet from any "C-1" rial or interstate according to the District boundary. Urban Federal Functional Clasci fication System prepared by 5. Automobile, Motorcycle, Trailer and IDOT. Farm Implement establishments for Ordinance 4976, 11/23/09] display, hire and sales (excluding 61 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. auctions and not including sales lots each side facing a public street by a without a principal building except fence, wall or densely planted corn- for satellite lots when the lot is abut- pact hedge not less than six (6) feet ting or across a street from a lot with or more than eight (8) feet in height, a principal building including an of- and, for equipment yards, upon ap- ace), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by tion with their own and customers' the Commission. vehicles, but not including uses in 13. Department Stores which the major source of revenue is from body and fender work. In ad- 14. Drinking Establishments, Taverns, dition, this paragraph shall not be Bars and Night Clubs, Summer Gar- construed to include automobile, dens, and Road Houses, including tractor, or machinery salvage and entertainment and dancing, provid- used parts yards. Machinery, sal- ed that any such use that meets the vaged or used parts, and vehicles definition of Alcohol Sales Use shall not in running condition and not be- meet the requirements for an alcohol ing actively restored to running con- sales use. dition, or not DOT operational and 15. Hotels[Ordinance 4592, 1/6/03] not licensed, shall be located in an enclosed building. 16. Kennel, provided the principal building is at least 250 feet and any 6. Ballrooms and Dance Halls outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially 8. Bowling Alleys zoned property measured in a straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and 10. Commercial Baseball Fields, Swim- upon approval of a Special Permit by ming Pools, Skating, Golf Driving the Board of Adjustment after re- Ranges, commercial campgrounds view by the Commission. or similar open air recreational uses 17. Laundries or Laundromats and facilities, upon approval of a 18. Lawn Mower Repair Shop Special Permit by the Board of Ad- justment after review by the Corn- 19. Lumber Yards and Building Materi- mission. als, retail, but not including any 11. Contractor Businesses, including manufacturing or fabricating for Carpenter and Cabinet Shop,Plumb wholesaling operations. ing and Heating Shop, Roofing 20. Mini-storage or storage rental devel- Shop, Sheet Metal Shop, Sign Paint- opment, upon issuance of a Special ing Shop, and similar uses, provided Permit, which shall review the loca- there is no outside equipment yard. lion for compatibility of surround- 12. Contractor Businesses including mg, highest and best use of land, Contractor Equipment Yards, pro- and proximity to a major thorough- vided that equipment yards shall be fare. [Ordinance 4683, 4/12/04] It is effectively screened on each side fac- the intent of this provision for such ing a Residential District and on 62 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS. uses to be towards the rear of highly subject to the administrative review visible commercial property. and approval of the Planning staff. 21. Monument Sales Yard, but not with- If staff determines that the proposed ' use is not similar in nature, it shall out a principal building. be considered a proposed use not 22. Off-premise advertising in accord- covered by title, as regulated in 10-5- ance with Section 10-26-1. [Ordinance 1(R). 4724, 9/20/04] B. Accessory Uses: 23. Motels and Auto Courts 1. Accessory uses permitted in the 24. Pet Shop,including Aquariums "C-1" District. 25. Printing Shops, not to include more 2. Accessory uses and structures cus- than two (2) 12"x 18" inch job press- tomarily incidental to any permitted es principal uses. 26. Restaurant: Fast Food Type and Standard Type, and drive-in eating 10-15-2 BULK REGULATIONS. establishments, provided that any [Ordinance 3050, 10/1/79] such use that meets the definition of [Ordinance 3192, 2/22/82] an Alcohol Sales Use shall meet the [Ordinance 4592, 1/6/03] requirements for a limited alcohol sales use(on-premise consumption). The following minimum requirements 27. Other similar service and retail busi- shall be observed, subject to the modified nesses not included in the above list requirements contained in Section 10-27-1: "C-2"COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD ii) SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)(4) LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft. 20 ft. No building shall Hotels mum exceed 4 stories or Other Per- No Mini- No Min- No Minimum 20 ft.'2) Same as"R�" 35 fr 48 feet in height (l) . 'flitted mum imum District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (4) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (5) For every additional foot all yard lines are increased over the required setback,the building height may be increased by two(2) feet,including allowing additional stories,except as further provided in Section 10-27-1. 63 CHAPTER 18 "C-3"CENTRAL BUSINESS DISTRICT 10-18-1 REGULATIONS. CHAPTER 18 10-5-1(B) to the contrary, any limited alcohol sales use that made use of "C-3" CENTRAL BUSINESS such a window or system before DISTRICT adoption of Ordinance 4976 on 11/23j2009 shall cease and desist [Ordinance 3192, 2/22/82] from use of such a window or system, and shall comply with the require- /0-18-1 REGULATIONS. ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair Central Business District is designed and in- Shop. Vehicles not in running condi- tended to accommodate the variety of retail tions, not DOT operational and not li- stores, services and related activities which censed, machinery, salvage, or used often occupy the area within the Central parts shall be located in an enclosed Business District. "C-3" Zoning only shall building. apply to the existing Central Business District or areas contiguous to the Central Business 4. Exterminator Sales District. Any outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts clearly incidental to the conduct clearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or similar debris. Outside storage of materials or 6. Printing and/or Publishing Houses equipment shall not be permitted in a front 7. Tire Shop, including vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ve- hicles, or unlicensed operable vehicles for 8 Transportation Passenger Terminals sale, that are accessory and clearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not restrict outside display areas when such dis- 1. Accessory uses permitted in the "C-2" play areas display items that can be legally District. sold by a commercial business on the proper- 2. Accessory uses and structures cus- ty and when the display area does not exceed tomarily incidental to any permitted an area equal to the area occupied by the principal uses. [Ordinance 4724, building(s)on a property. 9/20/04] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis [Ordinance 3192, 2/22/82] trict. [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 1 75 CHAP!ER 19 "M-1"LIGHT INDUSTRIAL DISTRICT 10-19-1 REGULATIONS. "C-3"CENTRAL BUSINESS DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM SIDE MINIMUM MAXIMUM LOT AREA LOT WIDTH LOT AREA FRONT YARD w YARD REAR YARD HEIGHT PER FAMILY Residential Uses No Mini- No Minimum No Minimum No Minimum No Minimum No Minimum (2) mum Mobile Home 2 acres 100 feet 1,250 sq.ft. SAME AS SPECIFIED IN THE"R-4"RESIDENCE (2) Parks DISTRICT Motels/Hotels No Mini- 150 feet No Minimum 20 h. 10 ft. 20 ft. (2) mum Other Permitted No Mini- No Minimum No Minimum (3) (4) No Minimum (2) Uses mum (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on the Official Major Street Plan. (2) No building hereafter erected or structurally altered shall exceed a height of eight(8)stories or one hundred(100)feet,but above the height permitted three(3)feet may be added to the height of the building for each one(1)foot that the building or portion thereof is setback from all sides of the lot. This requirement may be waived upon recommendation and approval by the City Council,after review by the Commission. (3) None required unless fronting on the proposed right-of-way of a thoroughfare shown on the Official Street Plan,in which case the building setback line shall be the proposed right-of-way line. (4) None except adjacent to an"R"District in which case not less than fifteen(15)feet. CHAPTER 19 less than six (6) feet or more than eight (8) feet in height. "M-1" LIGHT INDUSTRIAL DISTRICT A. Principal Permitted Uses: 1. Any use permitted in the "C-3" Dis- [Ordinance 3212,5/24/82] trict, except that alcohol sales uses shall meet the regulations of the"C-2" 10-19-1 REGULATIONS. Commercial District [Ordinance 4976, The regulations set forth in this Chapter 11/23/09] and except that no occupan- and contained in Chapter 5 shall apply in the cy permit shall be issued for any "M-1"Light Industrial District. school, hospital, clinic, or other insti- tution for human care, or new dwell- The "M-1" District is intended to provide ing or residence except where physi- for areas of the community which are suitable cally attached and a part of another for industrial development adjacent to Com- permitted use. This restriction shall mercial Districts. Any outside storage of ma- terials, equipment or product shall be acces- apply to new dwellings or residences only, and shall not prohibit the reha- sory to the Principal Permitted Use and shall bilitation, reconstruction, or rebuild- not include the outside storage of junk or sal- ing of dwellings or residences in in- vage material or similar debris except in an dustrial districts that were legally approved recycling yard (salvage yard) and except for inoperable vehicles being restored built prior to adoption of Ordinance 2479, adopted 02/03/69. Further- to running condition as part of an automobile more, any such legally established repair shop. Any outside storage shall be ef- dwelling or residence may be rebuilt, fectively screened on each side facing a Resi- dential or Commercial District and on each if damaged or destroyed, on the same lot as legally established, provided side facing a public street by a solid fence, that all other rules and regulations of wall or densely planted compact hedge not 76 CHAPTER 20 "M-2"HEAVY INDUSTRIAL DISTRICT 10-20-2 BULK REGULATIONS. evaluate the site layout, traffic, and n. Waste Disposal or Landfill. other ordinance and code provisions. o. Waste paper yard. The impact upon existing infrastruc 5. Alcohol Sales Uses, provided said use ture and development as well as the meets the regulations of the "C 2" overall growth and development of Commercial District. [Ordinance 4976, the community will also be reviewed. 11/23/09] [Ordinance 4735, 10/18/04] 4. No occupancy or building permit B. Accessory Uses: shall be issued for any of the follow- 1. Any accessory uses permitted in the ing uses until and unless the location "M-1" Light Industrial District. of such use shall have been authorized 2. Any accessory uses customarily acces- by the City Council after report from sory and incidental to a permitted the Fire Department and recommen- dation by the Commission: principal use. a. Slaughter houses or stock yards. C. Required Conditions. b. Manufacturing or wholesale stor- 1. The best practical means known for age of acids. the disposal of refuse matter or water- c. Cement, lime gypsum, or plaster carried waste, the abatement of ob- of paris manufacture. noxious or offensive odor, dust, d. Distillation of bones. smoke, gas, noise, or similar nuisance, shall be employed. e. Explosive manufacture or storage. f. Fat rendering. 2. All principal buildings and all acces- sory buildings or structures, including g. Fertilizer manufacture. loading and unloading facilities, shall h. Garbage, refuse or dead animal be located at least two hundred (200) reduction or dumping. feet from any "R" District and not less i. Gas manufacturing and cylinder than one hundred (100) feet from any recharging. other district except an"M-1" District. j. Glue, size or gelatin manufactur- ing 10-20-2 BULK REGULATIONS. k. Refining or wholesale storage of [Ordinance 3908, 12/21/92] petroleum or petroleum products [Ordinance 4592, 1/6/03] or gasoline. The following minimum requirements 1. Manufacturing of rubber goods. shall be observed, subject to the modified re- m. Smelting of tin, copper, zinc, or quirements contained in Section 10-27-1: iron ores. 80 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- tion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (F)(4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized,all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the required rear yard setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- each foot the front yard setback is in- ing Code. Acceptable fencing materi- creased beyond that which is required als include but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10)feet. A 50% reduction in required points on J. Use Restrictions. the exterior of the fence will be grant- ed for fencing that is constructed from No new junk yards, salvage yards, recy- the following materials: cling yards, or construction storage yards shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said b. Concrete with approved design uses shall be allowed only through the ap- characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of CHAPTER 24A planting. ALCOHOL SALES USE Setback Requirements. OVERLAY DISTRICTS 1. To achieve the goals of this Section, the setback requirement shall be fifty 10-24A-1 GENERAL REGULATIONS. feet (50') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the proper- shown on the official zoning map and legally ty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- Avenue district, Logan Avenue district, E. 4th tures that are not in compliance with Street district, and Church Row Neighbor- this Section and wish to expand shall hood district. not increase the non-conformity. Any B. Purpose and Intent. proposed expansion of an existing 114 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The purpose and intent of this Chapter is terline of Fairview Avenue to its intersection to establish Alcohol Sales Use Overlay Dis- with the Northeasterly line of the Cedar Riv- tricts to avoid undue concentration of certain er; thence Southeasterly along the Northeast- alcohol uses in designated areas already erly line of the Cedar River to its intersection populated by significant numbers of alcohol with the centerline of E. Third Street; thence sales uses, to mitigate the secondary effects of Northeasterly along the centerline of E. Third certain alcohol sales uses, to preserve and Street to its intersection with the centerline of protect neighborhoods from deterioration Franklin Street; thence Northwesterly along and loss of property value due to incompati- the centerline of Franklin Street to its intersec- ble uses, and otherwise to promote the gen- tion with the centerline of Oak Avenue; eral purposes of the zoning ordinance. thence North along the centerline of Oak Av- The provisions of this Chapter shall apply enue to its intersection with the centerline of in addition to any other zoning district regu Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection lations and requirements in which the land may he classified. In the case of conflict, the with the centerline of Lincoln Street; thence most restrictive provisions shall govern, ex- Northwesterly and Northerly along the cen- cept as otherwise expressly provided in this terline of Lincoln Street to its intersection Chapter, with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street C. Administrative Regulations. to its intersection with the centerline of Co- lumbia Street; thence North along the center- The provisions of this Chapter shall con line of Columbia Street to its intersection with stitute the requirements for all zones that lie within the boundaries of any of the Alcohol the centerline of the Canadian and National Railroad;thence Northwesterly along the cen- Sales Use Overlay Districts. terline of the Canadian and National Railroad D. Use Restrictions. to its intersection with the centerline of No new alcohol sales uses shall be estab- Ackermant Street; thence North along the lished in an Alcohol Sales Use Overlay Dis- centerline of Ackermant Street to its intersec- trict, other than (1) incidental alcohol sales tion with the centerline of W. Parker Street; uses, (2) a limited alcohol sales use (on- thence West along the centerline of W. Parker premise consumption) that is a restaurant, or Street to its intersection with the centerline of (3) a limited alcohol sales use (off-premises Fairview Avenue and the point of beginning. consumption) that is (a) a grocery in which Logan Avenue Overlay District the retail floor space in the building equals or exceeds 10,000 square feet or (b) a pharmacy. Beginning at the intersection of the center- Expansion of alcohol sales uses other than lines of Franklin Street and E. Mullan Ave those specifically identified above in this par- nue; thence Northwesterly along the center- agraph shall be allowed only through ap- line of Franklin Street to its intersection with proval by the Board of Adjustment process to the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its in- expand a legal non conforming use. tersection with the centerline of Utica Street; ATTACHMENT"A" thence Northeasterly along the centerline of Broadway Avenue Overlay District Utica Street to its intersection with the center- line of the former Illinois Central Railroad Beginning at the intersection of the center- Beltline (abandoned); thence Northerly along lines of W. Parker Street and Fairview Ave- the centerline of the former Illinois Central nue; thence South along the centerline of Railroad Beltline (abandoned) to its intersec- Fairview Avenue and an extension of the cen- tion with the centerline of the Canadian and 115 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. National Railroad (formerly Illinois Central along the centerline of Walnut Street to its Railroad);thence Southeasterly along the cen- intersection with the centerline of the Union terline of the Canadian and National Railroad Pacific Railroad; thence Southwesterly along to its intersection with the centerline of E. the centerline of the Union Pacific Railroad to Mullan Avenue (also known as U.S. Highway its intersection with the centerline of Franklin 63); thence Southerly and Southwesterly Street; thence Northwesterly along the center- along the centerline of E. Mullan Avenue to line of Franklin Street to its intersection with its intersection with the centerline of Franklin the centerline of E. Second Street and the Street and the point of beginning. point of beginning. E.4th Street Overlay District Church Row Neighborhood Overlay District Beginning at the intersection of the center- Beginning at the intersection of the center- lines of Franklin Street and E. Second Street; lines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of thence Northeasterly along the centerline of E. Second Street to its intersection with the South Street to its intersection with the cen- centerline of Walnut Street; thence North- terline of Washington Street; thence South- westerly along the centerline of Walnut Street easterly along the centerline of Washington to its intersection with the centerline of Pine Street to its intersection with the centerline of Street;thence East along the centerline of Pine W. Sixth Street; thence Southwesterly along Street to its intersection with the centerline of the centerline of W.Sixth Street to its intersec- Iowa Street; thence North along the centerline lion with the centerline of Randolph Street; of Iowa Street to its intersection with the cen- thence Southwesterly in a straight line to the terline of Dane Street; thence West along the intersection of the centerlines of W. Sixth centerline of Dane Street to its intersection Street and Wellington Street; thence continu- with the Centerline of E. Mullan Avenue(also ing Southwesterly along the centerline of W. known as U.S. Highway 63); thence North Sixth Street to its first intersection with Grant along the centerline of E. Mullan Avenue to Avenue; thence continuing Southwesterly its intersection with the centerline of the along the centerline of W. Sixth Street to its Webster Street right-of-way; thence East second intersection with Grant Avenue; along the centerline of the Webster Street thence Northwesterly along the centerline of right-of-way and the centerline of Webster Grant Avenue to its third intersection with W. Street to its intersection with the centerline of Sixth Street; thence Southwesterly along the Ankeny Street; thence North along the center- centerline of W. Sixth Street to its intersection line of Ankeny Street to its intersection with with Allen Street;thence Northwesterly along the centerline of Ricker Street; thence East the centerline of Allen Street to its intersec- along the centerline of Ricker Street to its in- tion with the centerline of W. Fifth Street; tersection with the centerline of Linn Street; thence Southwesterly along the centerline of thence South along the centerline of Linn W. Fifth Street to its intersection with the cen- Street to its intersection with a line drawn be- terline of Baltimore Street; thence Southeast- tween the Southeasterly corner of Lot 4,Block erly and Southerly along the centerline of Bal- 7, Hammond and Hopkins Addition and the timore Street to its intersection with the cen- Southwesterly corner of Lot 7, Block 6, terline of Pleasant Street; thence West along Hammond and Hopkins Addition; thence the centerline of Pleasant Street to its intersec- Westerly in a straight line to the intersection tion with the centerline of W. Fifth Street; of the centerlines of E.Fourth Street and Dane thence Southwesterly along the centerline of Street; thence South along the centerline of E. W. Fifth Street to its intersection with the cen- Fourth Street to its intersection with the cen- terline of Bayard Street; thence South along terline of Walnut Street; thence Southeasterly the centerline of Bayard Street to its intersec- 116 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. tion with the centerline of Williston Avenue; loading space for every twenty thousand thence West along the centerline of Williston (20,000) square feet or major fraction thereof Avenue to its intersection with the centerline of gross floor area so used in excess of ten of Kimball Avenue; thence North along the thousand (10,000)square feet. centerline of Kimball Avenue to its intersec- 1. Each loading space shall be not less lion with the centerline of Reber Avenue; than ten(10)feet in width,twenty-five thence East along the centerline of Reber Av- (25)feet in length. enue to its intersection with the centerline of Sullivan Avenue; thence North along the cen- 2. Such space may occupy all or any part terline of Sullivan Avenue to its intersection of required yard or court space or as with the centerline of W. Second Street; specifically provided in the district in thence Northeasterly along the centerline of which it is located. W. Second Street to its intersection with the 10-25-2 OFF-STREET PARKING AREA centerline of South Street; thence Northwest- REQUIRED. erly along the centerline of South Street to its intersection with the centerline of W. Mullan A. Scope of Regulations. Avenue and the point of beginning. [Ordinance 3050, 10/1/79] [Ordinance 4634, 8/11/03] In all districts, except the, "C-3" Cen- CHAPTER 25 tral Business District, "S-1" Shopping VEHICULAR USE, PARKING Center, "M-2,P" Planned Industrial District, "C-P" Planned Commercial AND LOADING AREAS, District, "B-P" Business Park District, PUBLIC GARAGES, PARKING and "R-P" Planned Residence District LOTS AND FILLING in connection with every industrial, STATIONS. commercial, business trade, institu- tional, recreational, or dwelling use, and similar uses, space for parking 10-25-1 OFF-STREET LOADING SPACES and storage of vehicles shall be pro- REQUIRED. vided in accordance with the regula- tions of this Section and subject to any [Ordinance 4634, 8/11/03] restrictions contained elsewhere in A. Regulations. this Ordinance for the district in In any district, except the "C-3" Central which such facilities are located. Business District, in connection with every 1. In the "C-3" District, for the pur- building or part thereof hereafter erected, pose of minimizing disruptive having a gross floor area of ten thousand curb-cuts and driveways and to (10,000) square feet or more, which is to be encourage the consolidation of occupied by manufacturing, storage, ware- parking space in appropriate loca- house, goods display, retail store, wholesale tions, accessory off-street parking store, market, hotel, hospital, mortuary, is not required. laundry, dry cleaning or other uses similarly 2. For parking facilities located in "S- requiring the receipt or distribution by vehi- 1" Shopping Center, "M-2,P" des of material or merchandise, there shall be Planned Industrial, "C-P" Planned provided and maintained on the same lot Commercial, "B-P" Business Park, with such building, at least one (1) off-street and "R-P" Planned Residence Dis- loading space plus one (1) additional such tricts, the schedules set forth in 117 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. sional office or multi-family, by a wall 15. Floor Area: In calculating the floor or densely planted compact hedge area as it applies to these regulations except if the closest point of such all multiple stories including base- parking area is at least one hundred ments used as a part of the use in (100) feet from the nearest residential question, or all leasable area designed or institutional property line or across for tenant occupancy, shall be added a street. For such parking areas sepa- together to get a total floor area. Are- rated from property situated in a Res- as used only for mechanical, ware- idence District or any institutional house, storage, or other similar uses premises by an alley, the screen shall may be excluded. Also areas to be be required except along approved used for seasonal display or garden points of access, provided that the areas may be excluded. The property points of access are not more than owner must provide documentation twenty-four (24) feet wide and not of the use of all areas to be excluded less than thirty-six (36) feet apart. from the floor area calculation. A Points of access more than twenty- change in use to a non-excluded use four (24) feet wide or closer than thir- will require the area to be included in ty-six (36) feet apart shall be allowed the floor area calculation for determi- if the screen is installed on the oppo- nation on the number of parking site side of the alley with agreement of spaces required. the property owner(s). 16. Parking Lot Expansion Surfacing: 12. Lighting: Any lighting used to illu- Any expansion of an existing parking minate any off-street parking area or lot must be properly graded, drained any area(s) used for non-residential and hard surfaced as per Section 10- purposes shall be so arranged as to re- 25-2(D), Off-Street Parking Area Re- flect the light away from adjoining quired. This includes expansions of residential premises. [Ordinance existing parking lots that are not hard 3442,6/16/86] surfaced. This does not mean that the 13. Parking Space: The minimum size of existing gravel lot or lots must be a parking stall shall be nine (9) feet by properly drained or hard-surfaced, eighteen(18)feet,or one hundred and just the parking expansion area. sixty two (162) square feet, excluding 17. Existing Parking Lot, New Surfacing: the area necessary for access and ma- Any existing parking lot that is being neuvering. When calculating the surfaced for the first time or recon- number of spaces required under this structed must be properly graded, Ordinance, a fractional space shall re- drained and hard surfaced as per Sec- quire an additional space. tion 10-25-2(D), Off-Street Parking Ar- 14. Site Plan: Any application for a build- ing permit or for an occupancy certifi- C. Design and Maintenance. cate where no building permit is re- quired, shall include a site plan, [Ordinance 3947, 6/7/93] drawn to scale, and fully dimensioned [Ordinance 4634, 8/11/03] showing any off-street parking or 1. Plan: Except for single and two fami- loading facilities,points of access to be ly residential uses, the construction provided, and an adequate number of plans for the design of parking lots handicap parking spaces. shall be subject to the approval of the City Engineer. The design shall show: 120 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. commercial messages of a transitory d. "For Sale" and "Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not permanent- signage shall be removed when ly affixed to a building or sign struc- the sale is completed;and ture that is permanently embedded in the ground, are considered temporary e. Political signs on private property in compliance with the Code of signs. Iowa. 36. Wall Sign: A sign that is in arty man- 2. Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, 37. Window Sign: A sign affixed to or and subdivision signs as provided painted on the surface of a window in this Section;and with its message intended to be visible b. Signs which resemble traffic con- to and readable from the public way trol signs or devices. or from adjacent property. c. With respect to the premises of C. Regulation of All Signs. any establishment that is a limited alcohol sales use (off-premise con- The regulations contained in this sumption)and is not located in the chapter shall apply to and regulate signs "C-3" District, any sign that in- in all Districts except the "H-C" Highway eludes any image or verbiage that Corridor Overlay Districts. No sign shall makes use of the words "alcohol," be located, erected, or maintained except "beer," "wine," "liquor," or any in compliance with these regulations. All variant or synonym of any such signs shall be considered as accessory us- word, or any type of such bever- es to a Principal Permitted Use, except for age, or that indicates or suggests off-premise advertising signs and bill- that such beverages may be pur- boards. All signs may be erected up to chased in or upon the premises, the property line, unless otherwise speci- except that banner, portable and fled in this Ordinance. Such signs shall temporary signs shall be allowed obtain a building permit and zoning ap- if conforming to the requirements proval prior to construction. of Section 10-26-1(C)(4)(j) and if 1. Exemptions: The regulations con- not in violation of Iowa Code tained in this Section shall not apply 123.51. to: 3. Off-Premise Advertising Signs and a. Traffic control signs or devices; Billboards: b. Signs located within buildings, ex- Off-Premise Advertising is a tradi- 1 eluding Home Occupations, or tional and legitimate advertising me- within public sports complexes or dium involving the lawful use of pri- facilities; vate property. c. Official signs of a non-commercial Off-Premise Advertising should be nature erected by public utility regulated to provide for safe struc- companies; tures to be properly located so as to 130 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROS 1/9/89], advising the City of the poten- • tial hazards and necessary safeguards. 10. Mobile Home Parks, including facto- ry-built home parks and subdivisions any protected use, when meeting the if the structures are not classified as following minimum requirements: real estate. a. Where the business, when operat- 1 11. Rubble Disposal Site, Rubble Fill Site, ed in conformance with such rea- or clean fill site, except clean fill ap- sonable conditions as may be im- proved as part of a development plan. posed by the Board of Adjust- ment,A duplicate of the application submit- ! satisfies the following crite- A to the Black Hawk County Health ria: Department shall be submitted to the i. The proposed location, design, Commission. The application shall construction and operation of contain the signature of landowner, the particular use adequately legal description of property, a plot safeguards the health, safety plan showing area to be filled with ex- and general welfare of persons fisting and proposed final elevations. residing in the adjoining or The application shall also include an surrounding residential area. estimate of the number of cubic yards ii. The business uses landscaping, necessary and length of time estimat- ed to complete filling. [Ordinance 3590, walls or structures to prevent 10/17/88] any noise, vibration or light generated by the business 12. Adult Businesses/Adult Uses [Ordi- from having a significant det- nance 3642, 5/1/89] in accordance with rimental impact upon the ad- "Adult Businesses/Adult Uses" of joining residential or protected Sections 10-3-1, 10-15-1(A)(2), and 10- uses. 27-1(N). iii. The business will not unduly 13. Gaming facilities, unless located with- increase congestion on the in a Planned District where listed as a streets in the adjoining resi- Permitted Use. [Ordinance 4735, dential area. 10/18/04] iv. The operation of the business 14. One or two-family residential struc- will not constitute a nuisance. tures when more than one (1) such structure is erected on a single lot in b. Any Special Permit so granted by the "R-1" or "R-2" District. [Ordinance the Board of Adjustment shall be 4855, 2/19/07] [Ordinance 4885, subject to the following general 10/15/07] conditions, together with any ad- ditional special conditions re- 15. Non-Limited Alcohol Sales Uses, oth quired by the Board of Adjust- er than limited alcohol sales uses, ment as appropriate: when seat loca+ a > i b r 1 i. Any parking area provided for . . the use of customers of the tion System prepared by IDOT, or business shall be illuminated a c 250 f to appropriate standards found in the City of Waterloo r Municipal Code. Parking lot 145 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PRO lighting shall be directed away special use permit. (Ordinance from nearby residential prop- 4976, 11/23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to tain alcohol sales uses, to mitigate noise control. the secondary effects of certain al- Attractive litter and trash re- cohol sales uses, to preserve and ceptacles shall be located at protect neighborhoods from dete- convenient locations inside rioration and loss of property val- and outside the premises. ue due to incompatible uses, and otherwise to promote the general iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of v. If the zoning officer deter- conflict, the most restrictive provi- mines at any time that the op- sions shall govern, except as oth- eration of such a business ex- erwise expressly provided in this hibits a pattern of violating the subsection. conditions set forth in the Spe- 16. Religious facilities. cial Permit, the zoning officer 17. Non-profit institutions of a philan- may apply to the Board of Ad- thropic or educational nature, includ- justment to reconsider the is ing libraries but excluding philan- suance of the special use per- thropic professional offices in the "R- mit for such business. A copy 4" Multiple Residence District or less of such application to recon- restrictive district. Also private clubs, sider and notice of the hearing fraternities,sororities and lodges. before the Board of Adjust- ment on such application shall 18. Commercial mining and extraction of be provided to the owner of minerals or raw material, including such business at least ten days sand or gravel pits or borrow sites. in advance and shall also be 19. Mini-storage or storage rental devel- provided to all owners of rec- opment when in a"C-2" District. ord of property within two hundred fifty (250) feet of the 20. Towers including wireless communi- subject property. If the Board cations and wind generation devices, of Adjustment finds that the except as provided in Sections 10-27- operation of such business ex- 1(B)(4),10-27-1(D),and 10-27-1(T). hibits a pattern of violating the 21. Kennels. conditions set forth in the Spe- cial22. Public utilitystructures and equip- Permit, the Board of Ad- equip- justment shall have the author- ment necessary for the operation ity to amend or revoke the 146 10-27-1 SPECIAL PRO1 P. Buffers Required. height of planting shall be adequate to serve [Ordinance 3050, 10/1/79] as an effective visual screen. [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trasting and conflicting uses is across a barri- quiring a buffer between them are er and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce tive and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- ting or contrasting or conflicting use. wise provided by law. However, in 11 the event that any or all of the im- The following conditions shall require a buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc. for the pur- 1. All "C" Districts which abut any "R-1" pose of renewal, redevelopment, etc., or "R-2" District shall be buffered as that portion of such property being required in this article. renewed, redeveloped, etc. shall be considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as required in this article. 2. Where one of the two (2) different dis- tricts requiring a buffer between them Buffers required under the provisions of is partially developed, the developer this article or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- nance material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts requiring a buffer follows a street right-of- shall be designed for both structural way,railroad,stream,or other similar barrier, adequacy and aesthetic quality. The the requirement for a buffer may be waived use of weather resistant wood, metal by the City Planner or designee, provided or manufacturing substitutes may be such waiver does not permit the exposure of used as an accessory material for aes- thetic quality. undesirable characteristics to public view. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-RCs. less than forty (40) feet in width, de- signed and landscaped in an aesthetic 1 Classification. Except in the "C-3" manner. District,all alcohol sales uses, whether existing or proposed, shall be classi- Predominant planting shall be of ever- fied by the City Planner or designee as green type trees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 159 10-27-1 SPECIAL PROM i uses." All alcohol sales uses shall be classified according to current stand- section. ards pertaining to percentage of sales 2. Separation Requirements. and retail floor space. For any alcohol sales use that existed before adoption 3. No alcohol sales use that is not a lim of Ordinance 4976 on 11/23/2009, where insufficient information is Class ff. s""'ff'^ lguor ,entr el available for a determination between license has been issued, or for a limited or non-limited alcohol sales which an application for such a li use according to current standards, sense has been submitted but not the use shall be classified as a limited yet granted, shall be located with alcohol sales use and shall be subject in 600 feet of another alcohol sales to all of the requirements pertaining to such uses. Any business requesting sense, as measured from the near classification as a non-limited alcohol est part of the building structure sales use shall provide adequate doc- or outdoor service area of an alco umentation for such a determination. hol sales use to the closest point of Adequate documentation may consist the property line of such other al of, but shall not be limited to, tax cohol sales use. forms filed with the Iowa Alcoholic N ales use that is not a limited al Beverages Division, sales register or > , , r » t a ., ,a point-of-sale system reports, income 250 feet of another alcohol sales use statements, and/or other information that-is-not a limited alcohol sales use, certified as true and correct by a li- censed public accountant or a certified the building structureoutdoor public accountant. Any information f > > to the provided by the business shall be cer- closest point of the property line of tified by the business as true, correct another alcohol sales use._ and complete under penalty of per- t. Drive-Up Windows. jury. a. No business that is an alcohol sales use shall construct, open or install } ' ' '' F any drive-through or walk-up certain alcohol sales uses, to mitigate window or any similar drive-up or drive-in system, except that a pharmacy may have such a system tit provided that no alcoholic bever- ages may be sold or dispensed patiblc uses, and otherwise to--pre- through same, and except that a grocery may have such a system ing ordinance. as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the s o sh �n a customer made the purchase in- aa.,• a _ a:^ side the premises of the grocery. • • b. If an application has been filed for a which the land may be classified. In new license or permit to sell or the-case ef-eenflziet, `' es`"ictive dispense alcoholic beverages with 160 10-27-1 SPECIAL PRO) respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided infor- been classified as such within the mation indicates that the business fails to sat- preceding three (3) months, and if isfy the conditions to qualify as the appropri- the premises is equipped with a ate category of a limited alcohol sales use, drive-through or walk-up window either on the basis of the preceding twelve or any similar drive-up or drive-in (12) months viewed as a whole or the most system, then the application will recent three (3) months viewed as a whole, not be approved until any opening then such business may be deemed to be an that is part of such window or sys- unlawful use and may be subject to the en- tem is permanently closed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit demonstrates that the business exceeds to conform in materials and ap- by more than ten (10) percent any of the nu- pearance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business R. Limited Alcohol Sales Uses. shall pay all cost and expense of the audit. The city clerk shall demand reimbursement [Ordinance 4976, 11/23/09] for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the corn- within thirty (30) days of the date of mailing munity, any limited alcohol sales use as-de- the notice. Without prejudice to any other fined herein is subject to the requirements of available methods of collection, any delin- this Section. Upon request of the police chief quent amounts may be assessed against the property for collection in the same manner as or designee at any time, but not more fre- quently than semi-annually,a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or de- proof that the business satisfies the conditions signee with respect to the status of the busi- to be for the appropriate category of a limited ness within the appropriate category of es-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division,sales register or license, the business shall certify on forms point-of-sale system reports, and/or income acceptable to the City Planner or designee statements, and/or other information certi- that it continues to meet, according to current fled as true and correct by a licensed public standards pertaining to percentage of sales accountant or a certified public accountant. and retail floor space, the requirements for Any information provided by the business classification as the appropriate category of shall be certified by the business as true, cor- limited alcohol sales use. In addition, if the rect accurate and complete under penalty of licensee holds a Class E-liquor control license perjury. If the business fails to provide the and is not (a) a grocery in which the retail requested information within thirty (30) days floor space in the building equals or exceeds after request, then such business shall be 10,000 square feet or (b) a pharmacy, then the 161 10-27-1 SPECIAL PRO' business shall furnish a certification by a li- issued prior to the effective date of censed public accountant or a certified public this subsection T shall not be re- accountant that the business meets the in- quired to meet the requirements of come restrictions under current standards to this subsection T; provided, how- qualify as the appropriate category of limited ever, that any such pre-existing alcohol sales use. wind energy facility which does S. Utility Exemption. not provide energy for a continu- ous period of twelve (12) months With the exception of the Floodway and shall meet the requirements of this Floodplain Overlay Districts, public utilities, subsection T prior to recommenc- as herein defined, shall be considered Princi- ing production of energy. How- pal Permitted Uses in all Districts under this ever, no modification or alteration Ordinance and shall be subject to the Special to an existing wind energy facility Permit process described in Section 10-27-1 shall be allowed unless in compli- (H), as well as the requirements of the appro- ance with this subsection T. priate district. Public utility equipment or 2 Purpose structures such as poles (excluding towers), wires, cables, conduits, streets, railroads in- a. The purpose of this subsection T is eluding railroad spurs, trails, driveways, to provide a regulatory means for bridges, culverts, etc. are exempt from the the construction and operation of Special Permit process. Other public utility large and small wind energy facili- structures, including buildings, power gener- ties in the City of Waterloo,subject ation facilities, substation facilities, and other to reasonable restrictions, which similar uses or structures shall not be exempt will preserve the public health, from the Special Permit process unless oth- safety, and welfare. The City of erwise provided by law or unless located in a Waterloo adopts these provisions Planned District including the "R-P", "S-1", to promote the effective and effi- "C-P", "B-P" and "M-2,P" Districts. Towers cient use of the City's wind energy shall be regulated by Sections 10-27-1(B)(4), resource. 10-27-1(0),and 10-27-1(T). 3. Findings T. Wind Energy Facilities. a. The City of Waterloo finds and 1. Applicability declares that: a. The requirements of this subsec- i. Wind energy is an abundant, tion T shall apply to all wind en- renewable and nonpolluting ergy facilities (large and small) for energy resource of the City which an application for a Special and its conversion to electricity Permit or building permit has may reduce dependence on been submitted to the City of Wa- nonrenewable energy sources terloo after the effective date of and decrease the air and water this subsection T. No such wind pollution that results from the energy facility shall be constructed use of conventional energy after the effective date of this sub- sources. section T except in compliance ii. The generation of electricity with this subsection T. from properly sited wind en- b. 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(51A 1-WfLa 5 Pa t 'MC-Ls f` t ex; cco f-CMiv 0W vim' a t c4' V l G'�� ✓ `6iah zal ea ' '1/4)(94-e4a wkkteliid— -s6/W aivotu dcJik/i) -1 az-e / 1.0 C Page 1of1 ARIC SCHROEDER To: MAYOR CLARK; COUNCIL MEMBERS Cc: NOEL ANDERSON; SUZY SCHARES Subject: Updated Proposed Zoning Ordinance Amendment Mayor and Council, I had intended to have an e-mail with attachments for the proposed Zoning Ordinance sent out, but software problems are preventing me from getting the document in a format that is a small enough size that I can e-mail it out. So at the work session this evening, I will hand out this e-mail, with all attachments. The attachments will include a slightly updated version of the proposed Zoning Ordinance amendment for alcohol sales related businesses. The Ordinance is mostly the same as what was presented to the Council during a work session on June 11th and hearing on June 18th. Changes since the last work session include: - page 59, proposed wording that would restrict advertising for limited alcohol sales uses was further changed to just apply to limited alcohol sales uses (off-premise consumption) (i.e. a convenience store, gas station, grocery store, or pharmacy), so that the provision would not apply to restaurants. The section was further changed to provide an exception for banner, portable and temporary signs in conformance with the requirements for such signs. - page 115, proposed wording for what alcohol sales uses will be allowed in an Alcohol Sales Use Overlay District was expanded to include a restaurant, a pharmacy, and a grocery store with retail floor space exceeding 10,000 square feet. A grocery store with less than 10,000 square feet of retail floor space would be permitted only upon approval of a Special Permit by the Board of Adjustment. -page 130, includes additional wording regarding the advertising requirements for limited alcohol sales uses (off- premise consumption). -page 145, includes additional wording regarding the Special Permit requirement for a grocery store having less than 10,000 square feet of retail floor space when located in an Alcohol Sales Use Overlay District. The other attachments will include the maps of the proposed areas that would be in an Alcohol Sales Use Overlay District and the proposed ordinance amendment to the Code of Ordinances adding a new paragraph dealing with a business that has a drive up facility and is found to be in violation of the Zoning Ordinance (i.e. get caught selling alcohol out a drive up). All of these are unchanged from what was previously provided. Please let me know if you have any questions or need any additional information prior to tonight's work session on this topic. I will have printed copies of this material available at the work session. Thanks, AR1C A. SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo, IA 50703 Phone: (319)291-4366 Fax: (319)291-4262 www.ci.waterloo.ia.us 7/16/2012 _► �•yCITY OF WATERLOO , 1 0 WA 116.40w, COMMUNITY PLANNING AND DEVELOPMENT •• '0 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291 4366 Fax(319)291-4262 qi reri0 ` NOEL C.ANDERSON,Conrmuniry Planning&Development Director • MEMORANDUM Mayor BUCK To: Mayor and City Council CLARK From: Aric A. Schroeder, City Planner, = COUNCIL MEMBERS Date: 07/16/12 RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales DAVID Related Businesses JONES Ward l In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional CAROLYN restrictions on alcohol sales related businesses with a purpose of avoiding undue COLE ward z concentration of certain alcohol sales uses,to mitigate the secondary effects of certain alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of HAROLD property value due to incompatible uses, and otherwise to promote the general purpose of wed33 Y the Zoning Ordinance. The changes have worked to some extent,but have not done enough to avoid undue concentration and other negative secondary effects of such uses. Recently QUENTIN the Waterloo City Council adopted a moratorium on the issuance of any new alcohol HART licenses in certain areas of the City and requested that City staff review the Ordinance and Ward 4 determine what additional changes were needed to properly address the concerns that such RON uses are causing. Therefore, staff is proposing to further amend the Zoning Ordinance, WELPER placing further restrictions on the placement and operation of alcohol sales related wards businesses. Please review the attached amendment for further details, but here is a summary BOB of the amendment: GREENWOOD At-Large The amendment would further expand upon the definition for"Alcohol Sales Use", requiring that all alcohol sales uses be classified as either: 1)an Incidental Alcohol STEVE Sales Use, 2) a Limited Alcohol Sales Use(off-premise consumption),3)a Limited SCxrge Alcohol Sales Use(on premise consumption), 4)a Non-Limited Alcohol Sales Use At-Large (off-premise consumption),or 5)a Non-Limited Alcohol Sales Use(on-premise consumption) - The amendment would increase the percent of gross income that must come from other than alcoholic beverages from 50%to 60%for any limited alcohol sales use (off-premise consumption) - The amendment would continue to prohibit the sale of alcoholic beverages via a drive through, drive-up or similar system, and would require than any alcohol sales use that made use of such a window or system before adoption of Ordinance 4976 on 11/23/2009 shall cease and desist from use of such window or system to sell alcoholic beverages no later than December 31,2013 - The Ordinance does not prohibit an alcohol sales use from having such a drive-up window or similar system to sell other non-alcoholic items through if they already had such a window or system, but in a separate proposed amendment to the Code of Ordinances (not t would CITY WEBSIT : wwwci.waterloo_ia.us ' WE'RE WORKING FOR YOU! ��"a r" An Equal Opportunity/Affirmative Action Employer o. ) i l provide that if any business sells alcoholic beverages via a drive-up or similar system in violation of the Zoning Ordinance,they shall upon conviction,in additional to other penalties,be required to permanently close said window or system. - The amendment would prohibit an alcohol sales use from constructing a new drive- up or similar system,regardless of the intended purpose of the system. An exception is provided for a pharmacy,provided that no alcoholic beverages may be sold through such a system, and an exception is provided for grocery store merchandise pick-up, as long as the customer made the purchase inside the premises. - The amendment would prohibit any limited alcohol sales use(off premise consumption)from displaying any image,verbiage or signage that makes use of the words"alcohol", "beer", `wine", "liquor", or any variant or synonym of any such work,or any type of such beverage,or that indicates or suggests that such beverages may be purchased in or upon the premises. An exception is provided for banner, portable and temporary signage in compliance with the Ordinance. Any existing business displaying such signage shall have until December 31,2013 to conform to the requirements. This would only apply to limited alcohol sales uses(off premise consumption), and not any on-premise consumption or non-limited alcohol sales uses such as restaurants,bars or liquor stores. - The amendment would create"Alcohol Sales Use Overlay Districts"in the Broadway, Logan,E. 4th and Church Row Neighborhood(see attached map). Within these overlay districts,no new alcohols sales use, other than 1)incidental alcohol sales uses,2)pharmacies, and 3)grocery stores, shall be established, and expansion of existing uses will only be allowed through approval by the Board of Adjustment to expand a legal non-conforming use. - The amendment would require that Planning staff classify every alcohol sales use, excluding those located in the"C-3"Central Business District, as one of the specific types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol sales uses shall be classified according to current standards pertaining to percentage of sale and retail floor space,and shall not be"grandfathered in"under previous standards. For any alcohol sales use that existed prior to adoption of Ordinance 4976 on 11/23/2009,where insufficient information is available for a determination between a limited or non-limited alcohol sales use,the use shall be classified as a limited alcohol sale use and subject to the requirements as such. Any business requesting classification as non-limited must provide adequate documentation for such a determination. - The amendment would require that,in connection with any application for renewal of a liquor control license,a limited alcohol sales use shall certify that it continues to meet the requirements for classification as the appropriate category of limited alcohol sales use, including certification by a licensed public accountant or a certified public accountant that the business meets the income restrictions to qualify as the appropriate category of limited alcohol sales use. Please contact our office if you have any questions or need any additional information on the proposed amendment. staff memo 07-16-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Sales Related Businesses CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. a. Human genitals in a state of sex- hol sales use, (if) a club or hotel or ual stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi- ual intercourse or sodomy;or nances, (iii) an open-air event of not more than fivefour days' dura- c. Fondling or other erotic touching lion that is open to the general of human genitals, pubic region, public, (iiiv) golf courses and pub- buttock or female breast. licly owned sports complexes or Alcohol Sales Uses: The following defini- facilities, er (iv) non-profit educa- tions shall govern the interpretation of the tional institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other 1. Alcohol - Protected Uses: Protected similar incidental alcohol sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a prim- plicable to alcohol sales uses gen- cipal use; a house of worship; a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- vate); public park; public recreation 'Lb.Limited Alcohol Sales Use (off- center or public specialised recreation premise consumption), which shall facility as identified in the parks and include an Any alcohol sales use recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or phar- ic/convention center; a community macy as defined above, provided residential facility; a mission. How- that more than sixty fifty—(560) ever, this definition shall not apply if percent of its gross income is de- the protected use is a legal non- rived from, and more than sev- conforming use. enty-five (75) percent of its retail floor space is devoted to, the sale 2. Alcohol Sales: The sale of alcohol and of merchandise, services for on- alcoholic beverages, as each such term premises enjoyment, food, and is defined in Chapter 123 of the Iowa beverages other than alcoholic Code, including but not limited to (i) beverages, in either case not in- liquor, beer or wine in dosed contain- eluding the sale of tobacco prod- ers intended for off-premiscsite con- ucts, lottery tickets, or pumped sumption, and (ii) liquor, cocktails, vehicle fuels such as gasoline, die- shots, wine, beer and any part of an sel and similar products, and pro- alcoholic beverage intended for on- vided further that not more than site consumption. twenty-five (25) percent of its 3. Alcohol Sales Use: Any business that gross income as so determined is derives income from alcohol sales, derived from the sale of alcoholic Alcohol sales uses shall be classified beverages other than beer or wine. as one of the following: c. Limited Alcohol Sales Use (on- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall include, other than (i) include If such limited alcohol a-- �" "ra t a^t a limited alco- Gales use is (i) a restaurant that is 4 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. an alcohol sales use, provided that dance hall or similar establish- then more than fifty (50) percent ment. of its gross income shall be de- Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, and (ii) an alcohol sales use pro- viding ting property. facility and product or ser- Animals, Farm: Animals other than vices rental, such as a bowling al- household pets, such as livestock, that, where ley, in which case more than fifty permitted, are kept and maintained for corn- (50) percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared food and non- Animals, Household Pet: Includes, but is alcoholic beverages. This use clas- not limited to, dogs, cats, rabbits, birds, ham- sification shall not include dance sters, and other similar animals kept for fain- halls, night clubs or similar facili- ily enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals, prepared food or product "Kennel". sales other than alcoholic bever- ages. For purposes of this Ordi- Animals, Livestock: Includes, but is not nance, any alcohol sales use with limited to, horses, cows, pigs, sheep,chickens on-premise consumption that fails and poultry (excluding roosters), goats, os- to meet the gross income stan- triches, rheas, emus, farm deer, and other dards stated above shall be classi- similar animals that are typically raised for lied as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumption). Amendment: A change,supplement, revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. An amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, i.e., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on-premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use with on-premise consumption that Apartment House: See Dwelling, Multi- does not meet the definition of ei- ple. ther an incidental alcohol sales use Auction Establishments: Any property or or a limited alcohol sales use (on- structure devoted to public auction or sales, premise consumption), commonly two (2) or more times a year, for selling of known as a bar, tavern, night club, private property or consigned goods, except 5 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. rior walls shall be the useable area under the include those gaming facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Com- above. mission and other gaming facilities which Floor Area Ratio: The gross floor area of not be licensed by the State of Iowa Rac- all buildings on a lot divided by the lot area ing & Gaming Commission. [Ordinance 4735, on which the building or buildings are lo- 10/I8/04] cated. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the Private motor vehicles of the families resident sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal structure shall be considered as part of the used shall be determined by a fraction, the numerator of which is the total square foot- principal structure and subject to all yard re- age of retail floor space occupied by free- quirements contained herein. standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may include such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products;for the render- space includes enclosed display cases. The ing of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehides, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs gardless of the actual floor space that is phys- of a major type are defined to be spray paint- ically occupied. ing, body,fender, clutch, transmission, differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines,requiring the removal of engine cylinder head or crankcase pan, re- the residents by blood or adoption. pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading of the lot lines abutting a street, or the lot line of tires. that the principal structure faces if no lot line abuts a street, public or private. For double Group Home A facility that is not regu- frontage lots, the front lot line shall be the lated under Chapters 135C or 237 of the Iowa street lot line that the principal structure faces Code or other state law and which,regardless or is addressed from. of size, provides living arrangements with shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring per- roulette, slot machines, blackjack, and other sonal assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- ll CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. CHAPTER 5 seen from off the premises or by the addition GENERAL REGULATIONS of other uses, or a nature which would be prohibited generally in the district involved. [Ordinance 3174, 12/14/81] To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subsec- date of non-conformity amendment and upon tion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, recon- carried on diligently, or upon which a build- structed, or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- tion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. ried on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land,Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises,and Non-Conforming Lots. ing building has been substantially begun Intent. There exist lots, structures, uses of preparatory to rebuilding such excavation, land and structures, and characteristics of use demolition or removal shall be deemed to be which constitute a non-conforming use as de- actual construction, provided that work shall fined by this Ordinance, or will constitute a be carried on diligently. non-conforming use upon adoption of a fu- 1. Continuing Existing Uses. The use of ture amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- to continue, except as expressly provided tinned even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed, but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground olation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted, a single fain- Ordinance to be incompatible with permitted ily dwelling and customary ac cessory ry uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of tions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- plicable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or width, or both, of the lot shall conform a lawful structure exists as of the date to the regulations for the district in of non-conformity that could not be which such lot is located. built after the date of non-conformity under the terms of this Ordinance or No portion of said lot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage,height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- requirements established by this Or- tore, such structure may be continued dinance, nor shall any division of any after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful,provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non-conformity. be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- land than was occupied at the ef- lion of structure be destroyed by fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of de- be moved in whole or in part to struction, it shall not be recon- any portion of the lot or parcel structed except in conformity with the provisions of this Ordinance.other than that occupied by such use at the effective date of adop- [Ordinance 3393, 6/10/85] tion or amendment of this Ordi- c. Should such structure be moved nance; for any reason for any distance c. If any such non-conforming use of whatsoever, it shall thereafter con- form to theregulations for the dis- land ceases for any reason for a period of more than one (1) year, tract in which it is located after it is any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure d. No additional structure not con- and premises in combination, exists as of the date of non conformity that forming to the requirements of this Ordinance shall be erected in would not be allowed after the date of non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted use, conformity so long as it remains oth- shall thereafter conform to the erwise lawful, subject to the following regulations for the district,and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use,when a located shall be enlarged, ex- non-conforming use of a structure tended, constructed, recon- or structure and premises in con- structed,moved,or structurally al- bination is discontinued or aban- tered except in changing the use of doned for twelve (12) consecutive the structure to a use permitted in months or for eighteen (18) the district in which it is located. months during any three (3) year The use of premises shall be gov- period (except when government erned by the requirements of 10-5- action impedes access to the prem- 1(B)(3); ises), the structure or structure and premises in combination shall b. Any non-conforming use maybe extended throughout any parts of not thereafter be used except in a building which were manifestly conformity with the regulations of the district in which it is located.arranged or designed for such use at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either c. If no structural alterations are solely for that reason or in combi- nation with other reasons, and made, any non-conforming use of a structure,or structure and prem- when the alcohol sales use is dis- continued or abandoned for three ises, may, as a special exception, be changed to another non- (3) consecutive months (except conforming use provided that the when government action impedes Board of Adjustment, either by access to the premises), the struc- general rule or by making findings ture or structure and premises in find that combination shall not thereafter be in the specific case, shall used as an alcohol sales use except the proposed use is equally ap- propriate or more appropriate to in conformity with the regulations the district than the existing non- of the district in which it is lo- cated. This paragraph shall apply conforming use. In permitting such change, the Board of Ad- equally to f i) the cessation of a business that is an alcohol sales justment may require appropriate conditions and safeguards in ac- use, (ii) a business that holds a li- cord with the provisions of this tense or permit to operate as an Ordinance; alcohol sales use but fails to con- tinuously and actively operate as d. Any structure, or structure and such, and te(iii) a business that land in combination, in or on continues operating as a non- 27 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS. Apparel Shop Paint and Wallpaper Store Bakery,retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service Bookstore Radio and Television Studios, pro- vided that any towers or transmitting Candy Shops,retail only Car Wash facilities are in accordance with Sec- tion 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Coffee House Shoe Repair Shops Collection Office or Public Utility Sporting Goods Commercial Parking Lots for passen- Tailor Shop ger vehicles in accordance with the Theaters provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exdud- 11/23/091 ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishment listed above that is also a Delicatessen and Sub Shop limited alcohol sales use as defined herein,further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo limited alcohol Financial Institution sales use shall sell or dispense al- Florist and Nursery Shop,retail only coholic beverages via a drive- through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in Furniture Store system. Notwithstanding any- thing in Section 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window Groce or system before adoption of Or- ry dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall comply with the requirements of Household Appliances,sale and repair this paragraph, no later than De- Jewelry Store cember 31,2013. Landscape Gardener b. -For the establishment of new lim- ited alcohol sales use locations,Launderette (Laundromat) fencing or other approved screen- Meat Locker,storage and retail sales only ing shall be constructed along the Music Store property line with any abutting protected use, unless determined 58 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS. by the City Planner or designee to sidered a proposed use not covered be infeasible. [Ordinance 4976, by title, as regulated in 10-5-1(R). 11/23/091 B. Accessory Uses: c. No establishment that is a limited 1. The following accessory uses are per- alcohol sales use (off-premise con- ,rutted in a"C-1" District. sumption) shall exhibit on the ex- terior of the premises any image a. Accessory uses permitted in the or verbiage that makes use of the "R-4" District words "alcohol," "beer," "wine," b. Storage of merchandise incidental "liquor," or any variant or syno- to the principal use may be stored nym of any such word, or any in the principal building on the lot type of such beverage, or that in- in question,but not to exceed forty dicates or suggests that such bev- (40) percent of the floor area for erages may be purchased in or said principal building. upon the premises, except that banner, portable and temporary C.Height Regulations. signs shall be allowed if conform- No building shall exceed three (3) stories ing to the requirements of Section or forty-five (45) feet in height at the required 10-26-1(C). Notwithstanding any- front, side and rear yard lines, except two (2) thing in Section 10-5-1(B) to the feet may be added to the height permitted at contrary, any existing business said yard lines for each one (1) foot that the that does not conform to this re- building or portion thereof is set back from quirement shall conform no later the required yard lines and except as further than December 31,2013. provided in Section 10-27-1. [Ordinance 4709, 5. Business or professional office and 8/9/04] similar uses not included in the above 10-14-2 BULK REGULATIONS. list supplying commodities or per- forming services primarily for resi- [Ordinance 3192, 2/22/82] dents of the neighborhood subject to [Ordinance 4592, 1/6/03] the administrative review and ap- The following minimum requirements proval of the Planning staff. If staff shall be observed subject to the modified re- determines that the proposed use is quirements contained in Section 10-27-1: not similar in nature, it shall be con- "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD(1) (2)(3) COVERAGE FAMILY Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft.(ai Same as"R-4" 35 ft. No Maximum ted Uses mum mum District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/92] (2) The rear yard setback is required except where an existing principal building on an abutting lot is doser to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (3) For every additional foot the front yard depth is increased over the required setback, the rear yard depth may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. 59 CHAPTER 15 "C-2"COMMERCIAL DISTRICT (4) The ho.tt yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. CHAPTER 15 2. Adult uses as defined in the defini- tions Section, upon approval of a "C-2" COMMERCIAL Special Permit by the Board of Ad- DISTRICT justment after review by the Com- mission and provided that such uses [Ordinance 3192, 2/22/821 meet the following separation re- quirements: 10-15-1 REGULATIONS. a. At least 600 feet from any other The regulations set forth in this Chapter adult use measured in a straight and contained in Chapter 5 shall apply in line from the dosest points of the the "C-2" Commercial District. The "C-2" property lines in which the adult District is intended to provide for areas of uses are located. the community which are developed or will b. At least 600 feet from any resi- be soon as moderate intensity commercial dentially zoned property meas- area. These areas are often associated with ured in a straight line from the the major traffic arteries and highways lo- closestpoint of the property line cated within the community. Anyoutside p p ' h' storage of materials or equipment shall be in which the adult use is located to the closest residentially zoned limited and dearly incidental and accessory ro perty p to the Principal Permitted Use, and shall not line. indude the outside storage of junk or sal- c. At least 600 feet from any pro- vage material or similar debris. Outside tected use as defined herein storage of materials or equipment shall not which distance shall be meas- be permitted in a front yard. This provision ured in a straight line from the shall not restrict the outside storage of nurs- dosest point of the property line ery, landscaping and garden material, and which the adult use is located to licensed and operable vehicles, or unli- the closest point of the property censed operable vehicles for sale, that are line in which is located an accessory and clearly incidental to the Prin.- aforementioned protected use. If cipal Permitted Use. This provision shall a protected use is a legal non- not restrict other outside display areas conforming use, this provision when such display areas display items that shall not apply. [Ordinance 3642, can be legally sold by a commercial business 5/1/89] on the property and when the display area 3. Non-Limited Alcohol Sales Uses, does not exceed an area equal to the area upon approval of a Special Permit by occupied by the building(s) on a property. the Board of Adjustment after rec- A. Principal Permitted Uses: ommendation of the Commission, except that a Special Permit shall not 1. Any use permitted in the "Cl"- be required if such use is located Commercial District,on the terms set along a principal arterial or inter- forth for such use in the "C-1" Dis- state according to the Urban Federal trict. Functional Classification System prepared by IDOT, provided that 60 CHAPTER 15 "C-T COMMERCIAL DISTRICT 10-15-1 REGULATIONS. such uses meet the following re- Urban Federal Functional Classi- quirements: fication System prepared by a. nNo non-limited alcohol sales IDOT. use shall sell or dispense alto- [Ordinance 4976, 11/23/09] holic beverages via a drive c. No non-limited alcohol sales use through or walk-up window or that is not a limited alcohol sales any similar drive-up or drive-in use, for which a Class E off system_ and provided that, premises liquor control license Notwithstanding anything in has been issued, or for which an Section 10 5 1(B) to the contrary, application for such a license has any alcohol sales use that made been submitted but not yet use of such a window or system granted, shall be located within before adoption of Ordinance 600 feet of another alcohol sales 4976 on 11/23/2009 shall cease use holding the same class of h- and desist from use of such a cense, as measured in a straight window or system, and shall line from the ncrarestclosest comply with the requirements of points of the property lines part this paragraph, no later than De of the building structure or out cember 31,2013. door service area in which the of b_wNo With respect to any non- an-alcohol sales uses are located. limited alcohol sales use that holds a Class E off-premises liq- crty line of such other alcohol uor control license or for which sales use. an application for such a license d. No non-limited alcohol sales use has been submitted but not yet shall be located within 250 feet of granted shall be located within , another non-limited alcohol sales such uses arc at least 600 feet use, as measured in a straight from a protected use, and no line from the closest points of the with respect to all other non- property lines in which the alco- limited alcohol sales uses such hol sales uses are located. uses shall be located within are at least 250 feet,from a protected e. Fencing or other approved use, as measured in a straight screening shall be constructed line from the closestnearest along the property line with any pointpait of the property line abutting protected use, unless building structure or outdoor determined by the City Planner service area in which of an alto- to or designee to be infeasible. hol sales use is located to the The provisions of this subsection (3) closest point of the property line shall not apply to limited alcohol of any protected user, upon ap sales uses, which shall instead proval of a Special Permit by the eomply with the requirements of Board of Adjustment after rec the "C 1" District. ommendation of the Commis 4. Animal Hospital or Veterinary Clinic shall not be required if Such use providing any exercising runway ed to g a pri ipal -� shall be at least two hundred (200) rial or interstate according to the feet from any "R" District and one 61 CHAPTER 15 "C-7'COMMERCIAL DISTRICT 10-15-1 REGULATIONS. hundred (100) feet from any "C-1" 12. Contractor Businesses including District boundary. Contractor Equipment Yards, pro- 5. Automobile, Motorcycle, Trailer and vided that equipment yards shall be Farm Implement establishments for effectively screened on each side fac- display, hire and sales (excluding ing a Residential District and on auctions and not including sales lots each side facing a public street by a without a principal building except fence, wall or densely planted corn- for satellite lots when the lot is abut- pact hedge not less than six (6) feet ting or across a street from a lot with or more than eight (8) feet in height, I a principal building including an of- and, for equipment yards, upon ap- fice), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by tion with their own and customers' the Commission vehicles, but not including uses in 13. Department Stores which the major source of revenue is 14. Drinking Establishments, Taverns, from body and fender work. In ad- Bars and Night Clubs, Summer Gar- dition, this paragraph shall not be dens, and Road Houses, including construed to include automobile, entertainment and dancing, pro- tractor, or machinery salvage and vided that any such use that meets used parts yards. Machinery, sal- the definition of Alcohol Sales Use vaged or used parts, and vehicles shall meet the requirements for an not in running condition and not be- alcohol sales use. ing actively restored to running con- dition, or not DOT operational and 15. Hotels [Ordinance 4592, 1/6/03] not licensed, shall be located in an 16. Kennel, provided the principal enclosed building. building is at least 250 feet and any 6. Ballrooms and Dance Halls outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially zoned property measured in a 8. Bowling Alleys straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and upon approval of a Special Permit by 10. Commercial Baseball Fields, Swim- the Board of Adjustment after re- ming Pools, Skating, Golf Driving view by the Commission. Ranges, commercial campgrounds 17. Laundries or Laundromats or similar open air recreational uses and facilities, upon approval of a 18. Lawn Mower Repair Shop Special Permit by the Board of Ad 19. Lumber Yards and Building Materi- justment after review by the Com- retail, but not induding g any manufacturing or fabricating for 11. Contractor Businesses, including wholesaling operations. Carpenter and Cabinet Shop,Plumb 20. Mini-storage or storage rental devel- ing and Heating Shop, Roofing opment, upon issuance of a Special Shop, Sheet Metal Shop, Sign Paint- Permit, which shall review the loca- ing Shop, and similar uses, provided tion for compatibility of surround- there is no outside equipment yard. 62 CHAPTER 15 "C-7'COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS. ing, highest and best use of land, 27. Other similar service and retail busi- and proximity to a major thorough- nesses not included in the above list fare. [Ordinance 4683, 4/12/04] It is subject to the administrative review the intent of this provision for such and approval of the Planning staff. uses to be towards the rear of highly If staff determines that the proposed visible commercial property. use is not similar in nature, it shall 21. Monument Sales Yard, but not with- be considered a proposed use not out a principal building. covered by title,as regulated in 10-5- 22. Off-premise advertising in accor- 1(R) dance with Section 10-26-1. [Ordi- B. Accessory Uses: Hance 4724, 9/20/04] 1. Accessory uses permitted in the 23. Motels and Auto Courts "C-1" District. 24. Pet Shop,including Aquariums 2. Accessory uses and structures cus- tomarily incidental to any permitted 25. Printing Shops, not to include more principal uses. than two (2) 12"x 18" inch job press- es 10-15-2 BULK REGULATIONS. 26. Restaurant: Fast Food Type and [Ordinance 3050, 10/1/79] Standard Type, and drive-in eating [Ordinance 3192,2/22/82] establishments, provided that any [Ordinance 4592, 1/6/03] such use that meets the definition of an Alcohol Sales Use shall meet the The following minimum requirements requirements for a limited alcohol shall be observed, subject to the modified sales use (on-premise consumption). requirements contained in Section 10-27-1: "C-2" COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD(1) SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)(4) LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft 20 ft. No building shall Hotels mum exceed 4 stories or 48 feet in height (5) Other Per- No Mini- No Min- No Minimum 20 ft(2) Same as"R4" 35 ft. nutted mum imum District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street.It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot (4) For every additional foot the front yard depth is increased over the required setback, the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet 63 CHAPTER 18 "C-3"CENTRAL BUSINESS DISTRICT 10-18-1 REGULATIONS. CHAPTER 18 10-5-1(B) to the contrary, any limited alcohol sales use that made use of "C-3" CENTRAL BUSINESS such a window or system before DISTRICT adoption of Ordinance 4976 on 11/23/2009 shall cease and desist [Ordinance 3192,2/22/82] from use of such a window or system, and shall comply with the require- 10-18-1 REGULATIONS. ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair Central Business District is designed and in- Shop. Vehicles not in running condi- tended to accommodate the variety of retail tions, not DOT operational and not li- stores, services and related activities which censed, machinery, salvage, or used often occupy the area within the Central parts shall be located in an endosed Business District. "C-3" Zoning only shall building apply to the existing Central Business District or areas contiguous to the Central Business 4. Exterminator Sales District. Any outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts dearly incidental to the conduct dearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or similar debris. Outside storage of materials or 6. Printing and/or Publishing Houses equipment shall not be permitted in a front 7. Tire Shop, including vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ve- 8_ Transportation Passenger Terminals hides, or unlicensed operable vehicles for sale, that are accessory and dearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not restrict outside display areas when such dis- 1. Accessory uses permitted in the "C-2" play areas display items that can be legally District. sold by a commercial business on the prop- 2. Accessory uses and structures cus- erty and when the display area does not ex- tomarily incidental to any permitted ceed an area equal to the area occupied by the principal uses. [Ordinance 4724, building(s) on a property. 9/20/04] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis- trict. [Ordinance 3192,2/22/82] [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 75 CHAPTER 24A ALCOHOL SAT PS USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- tion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (FX4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized, all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the required rear yard setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- each foot the front yard setback is in- ing Code. Acceptable fencing materi- creased beyond that which is required als indude but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10) feet. A 50% reduction in required points on j. Use Restrictions. the exterior of the fence will be grant- ed for fencing that is constructed from No new junk yards, salvage yards, recy- the following materials: cling yards, or construction storage yards shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said uses shall be allowed only through the ap b. Concrete with approved design characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of CHAPTER 24A planting. ALCOHOL SALES USE Setback Requirements. OVERLAY DISTRICTS 1. To achieve the goals of this Section, the setback requirement shall be fifty 10-24A-1 GENERAL REGULATIONS. feet (50') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the prop- shown on the official zoning map and legally erty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- Avenue district, Logan Avenue district, E. 4th tures that are not in compliance with Street district, and Church Row Neighbor- this Section and wish to expand shall hood district. not increase the non-conformity. Any B. Purpose and Intent. proposed expansion of an existing 114 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-P"SHALLOW FLOODING(OVERLAY)DISTRICT. The purpose and intent of this Chapter is nue; thence South along the centerline of to establish Alcohol Sales Use Overlay Dis- Fairview Avenue and an extension of the cen- tricts to avoid undue concentration of certain terline of Fairview Avenue to its intersection alcohol uses in designated areas already with the Northeasterly line of the Cedar Riv- pppulated by significant numbers of alcohol er; thence Southeasterly along the Northeast- sales uses, to mitigate the secondary effects of erly line of the Cedar River to its intersection certain alcohol sales uses, to preserve and with the centerline of E. Third Street; thence protect neighborhoods from deterioration Northeasterly along the centerline of E. Third and loss of property value due to incompati- Street to its intersection with the centerline of ble uses, and otherwise to promote the gen- Franklin Street; thence Northwesterly along eral purposes of the zoning ordinance. the centerline of Franklin Street to its intersec- The provisions of this Chapter shall apply lion with the centerline of Oak Avenue; in addition to arty other zoning district regu- thence North along the centerline of Oak Av- enue to its intersection with the centerline of lations and requirements in which the land may be classified. In the case of conflict, the Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection most restrictive provisions shall govern, ex with the centerline of Lincoln Street; thence cept as otherwise expressly provided in this Chapter. Northwesterly and Northerly along the cen- terline of Lincoln Street to its intersection C. Administrative Regulations. with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street The provisions of this Chapter shall con- stitute the requirements for all zones that lie to its intersection with the centerline of Co lumbia Street; thence North along the center- within the boundaries of any of the Alcohol line of Columbia Street to its intersection with Sales Use Overlay Districts. the centerline of the Canadian and National D. Use Restrictions. Railroad; thence Northwesterly along the cen- No new alcohol sales uses shall be estab- terline of the Canadian and National Railroad lished in an Alcohol Sales Use Overlay Dis- to its intersection with the centerline of trict, other than (1) incidental alcohol sales Ackermant Street; thence North along the uses, (2) a limited alcohol sales use (on- centerline of Ackermant Street to its intersec- premise consumption) that is a restaurant, or lion with the centerline of W. Parker Street; (3) a limited alcohol sales use (off-premises thence West along the centerline of W. Parker consumption) that is a grocery in which the Street to its intersection with the centerline of retail floor space in the building equals or ex- Fairview Avenue and the point of beginning. ceeds 10,000 square feet, a grocery in which Logan Avenue Overlay District the retail floor space in the building is less than 10,000 square feet upon approval of a Beginning at the intersection of the center- Special Permit by the Board of Adjustment, or lines of Franklin Street and E. Mullan Ave nue; thence Northwesterly along the center-a pharmacy. Expansion of said uses shall be line of Franklin Street to its intersection with allowed only through approval by the Board of Adjustment process to expand a legal non- the centerline of Oak Avenue; thence North conforming use. along the centerline of Oak Avenue to its in- tersection with the centerline of Utica Street; ATTACHMENT"A" thence Northeasterly along the centerline of Broadway Avenue Overlay District Utica Street to its intersection with the center- line of the former Illinois Central Railroad Beginning at the intersection of the center- Beltline (abandoned); thence Northerly along lines of W. Parker Street and Fairview Ave- the centerline of the former Illinois Central 115 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRIUnS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. Railroad Beltline (abandoned) to its intersec- Fourth Street to its intersection with the cen- lion with the centerline of the Canadian and terline of Walnut Street; thence Southeasterly National Railroad (formerly Illinois Central along the centerline of Walnut Street to its Railroad); thence Southeasterly along the cen- intersection with the centerline of the Union terline of the Canadian and National Railroad Pacific Railroad; thence Southwesterly along to its intersection with the centerline of E. the centerline of the Union Pacific Railroad to Mullan Avenue (also known as U.S. Highway its intersection with the centerline of Franklin 63); thence Southerly and Southwesterly Street; thence Northwesterly along the center- along the centerline of E. Mullan Avenue to line of Franklin Street to its intersection with its intersection with the centerline of Franklin the centerline of E. Second Street and the Street and the point of beginning. point of beginning. E.4th Street Overlay District Church Row Neighborhood Overlay District Beginning at the intersection of the center- Beginning at the intersection of the center- lines of Franklin Street and E. Second Street; lines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of thence Northeasterly along the centerline of E. Second Street to its intersection with the South Street to its intersection with the cen- centerline of Walnut Street; thence North- terline of Washington Street; thence South- westerly along the centerline of Walnut Street easterly along the centerline of Washington to its intersection with the centerline of Pine Street to its intersection with the centerline of Street; thence East along the centerline of Pine W. Sixth Street; thence Southwesterly along Street to its intersection with the centerline of the centerline of W. Sixth Street to its intersec- Iowa Street; thence North along the centerline lion with the centerline of Randolph Street; of Iowa Street to its intersection with the cen- thence Southwesterly in a straight line to the terline of Dane Street; thence West along the intersection of the centerlines of W. Sixth centerline of Dane Street to its intersection Street and Wellington Street; thence continu- with the Centerline of E. Mullan Avenue(also ing Southwesterly along the centerline of W. known as U.S. Highway 63); thence North Sixth Street to its first intersection with Grant along the centerline of E. Mullan Avenue to Avenue; thence continuing Southwesterly its intersection with the centerline of the along the centerline of W. Sixth Street to its Webster Street right-of-way; thence East second intersection with Grant Avenue; along the centerline of the Webster Street thence Northwesterly along the centerline of right-of-way and the centerline of Webster Grant Avenue to its third intersection with W. Street to its intersection with the centerline of Sixth Street; thence Southwesterly along the Ankeny Street; thence North along the center- centerline of W. Sixth Street to its intersection line of Ankeny Street to its intersection with with Allen Street; thence Northwesterly along the centerline of Ricker Street; thence East the centerline of Allen Street to its intersec- along the centerline of Ricker Street to its in- lion with the centerline of W. Fifth Street; tersection with the centerline of Linn Street; thence Southwesterly along the centerline of thence South along the centerline of Linn W. Fifth Street to its intersection with the cen- Street to its intersection with a line drawn be- terline of Baltimore Street; thence Southeast- tween the Southeasterly corner of Lot 4,Block erly and Southerly along the centerline of Bal- 7, Hammond and Hopkins Addition and the timore Street to its intersection with the cen- Southwesterly corner of Lot 7, Block 6, terline of Pleasant Street; thence West along Hammond and Hopkins Addition; thence the centerline of Pleasant Street to its intersec- Westerly in a straight line to the intersection Lion with the centerline of W. Fifth Street; of the centerlines of E. Fourth Street and Dane thence Southwesterly along the centerline of Street; thence South along the centerline of E. W. Fifth Street to its intersection with the cen- 116 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. terline of Bayard Street; thence South along with such building, at least one (1) off-street the centerline of Bayard Street to its intersec- loading space plus one (1) additional such tion with the centerline of Williston Avenue; loading space for every twenty thousand thence West along the centerline of Williston (20,000) square feet or major fraction thereof Avenue to its intersection with the centerline of gross floor area so used in excess of ten of Kimball Avenue; thence North along the thousand (10,000) square feet. centerline of Kimball Avenue to its intersec- 1. Each loading space shall be not less lion with the centerline of Reber Avenue; than ten(10) feet in width,twenty-five thence East along the centerline of Reber Av- (25)feet in length. enue to its intersection with the centerline of Sullivan Avenue; thence North along the cen- 2. Such space may occupy all or any part terline of Sullivan Avenue to its intersection of required yard or court space or as with the centerline of W. Second Street; specifically provided in the district in thence Northeasterly along the centerline of which it is located. W. Second Street to its intersection with the 10-25-2 OFF-STREET PARKING AREA centerline of South Street; thence Northwest- REQUIRED erly along the centerline of South Street to its intersection with the centerline of W. Mullan A. Scope of Regulations. Avenue and the point of beginning. [Ordinance 3050, 10/1/79] [Ordinance 4634, 8/11/03] In all districts, except the "C-3" Cen- CHAPTER 25 tral Business District, "S-1" Shopping VEHICULAR USE PARKING Center, "M-2,P" Planned Industrial District, "C-P" Planned Commercial AND LOADING AREAS, District, "B-P" Business Park District, PUBLIC GARAGES, PARKING and "R-P" Planned Residence District LOTS AND FILLING in connection with every industrial, STATIONS. commercial, business trade, institu- tional, recreational, or dwelling use, and similar uses, space for parking 10-25-1 OFF-STREET LOADING SPACES and storage of vehicles shall be pro- REQUIRED. vided in accordance with the regula- tions of this Section and subject to any [Ordinance 4634, 8/11/03] restrictions contained elsewhere in A. Regulations. this Ordinance for the district in In any district, except the "C-3" Central which such facilities are located. Business District, in connection with every 1. In the "C-3" District, for the pur- building or part thereof hereafter erected, pose of minimizing disruptive having a gross floor area of ten thousand curb-cuts and driveways and to (10,000) square feet or more, which is to be encourage the consolidation of occupied by manufacturing, storage, ware- parking space in appropriate loca- house, goods display, retail store, wholesale lions, accessory off-street parking store, market, hotel, hospital, mortuary, is not required. laundry, dry cleaning or other uses similarly 2. For parking facilities located in "S- requiring the receipt or distribution by vehi- 1" Shopping Center, "M-2,P" des of material or merchandise, there shall be Planned Industrial, "C-P Planned provided and maintained on the same lot Commercial, "B P" Business Park, 117 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. in a Residence District or any institu- provided, and an adequate number of tional premises, except when the ad- handicap parking spaces. joining property is used for profes 15. Floor Area: In calculating the floor sional office or multi-family, by a wall or densely planted compact hedge area as it applies to these regulations all multiple stories including base- except if the closest point of such parking area is at least one hundred menu used as a part of the use in (100) feet from the nearest residential question, or all leasable area designed or institutional property line or across for tenant occupancy, shall be added a street. For such parking areas sepa- together to get a total floor area. Ar- rated from property situated in a Res- eas used only for mechanical, ware- idence District or any institutional house, storage, or other similar uses premises by an alley, the screen shall may be excluded. Also areas to be be required except along approved used for seasonal display or garden points of access, provided that the areas may be excluded. The property points of access are not more than owner must provide documentation twenty-four (24) feet wide and not of the use of all areas to be excluded less than thirty-six (36) feet apart. from the floor area calculation. A Points of access more than twenty- change in use to a non excluded use four (24) feet wide or closer than thir- will require the area to be included in ty-six (36) feet apart shall be allowed the floor area calculation for determi- if the screen is installed on the oppo- site side of the alley with agreement of spaces required. the property owner(s). 16. Parking Lot Expansion Surfacing: 12. Lighting: Any lighting used to illu- Any expansion of an existing parking minate any off-street parking area or lot must be properly graded, drained any area(s) used for non-residential and hard surfaced as per Section 10- purposes shall be so arranged as to re- 25-2(D), Off Street Parking Area Re- flect the light away from adjoining quired. This includes expansions of residential premises. [Ordinance existing parking lots that are not hard 3442,6/16/86] surfaced. This does not mean that the existing gravel lot or lots must be 13. Parking Space: The minimum size of properly drained or hard-surfaced, a parking stall shall be nine (9) feet by just the parking expansion area. eighteen (18) feet, or one hundred and 17. Existing Parking Lot, New Surfacing: sixty two (162) square feet, excludingAny existing parking lot that is being the area necessary for access and ma- surfaced for the first time or recon- neuvering. When calculating the structed must be properly graded, number of spaces required under this drained and hard surfaced as per Sec- Ordinance, a fractional space shall re- lion 10-25 2(D), Off-Street Parking quire an additional space. Area Required. [Ordinance 3947, 14. Site Plan: Any application for a build- 6/7/93] ing permit or for an occupancy certifi- Design and Maintenance. cate where no building permit is re- quired, shall include a site plan, [Ordinance 3947, 6/7/937 drawn to scale, and fully dimensioned [Ordinance 4634, 8/11/03] showing any off-street parking or loading facilities,points of access to be 120 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F'SHALLOW FLOODING(OVERLAY)DISTRICT. commercial messages of a transitory d. "For Sale" and "Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not perma- signage shall be removed when nently affixed to a building or sign the sale is completed;and structure that is permanently embed- e. Political signs on private property ded in the ground, are considered tem or si in compliance with the Code of p Iowa. 36. Wall Sign: A sign that is in any man- 2. Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, 37. Window Sign: A sign affixed to or and subdivision signs as provided painted on the surface of a window in this Section;and with its message intended to be visible b. Signs which resemble traffic con- to and readable from the public way trol signs or devices. or from adjacent property. c. With respect to the premises of C. Regulation of All Signs. any establishment that is a limited alcohol sales use (off-premise con- The regulations contained in this sumption) and is not located in the chapter shall apply to and regulate signs "C-3" District, any sign that in- in all Districts except the "H-C" Highway eludes any image or verbiage that Corridor Overlay Districts. No sign shall makes use of the words "alcohol," be located, erected, or maintained except "beer," "wine," "liquor," or any in compliance with these regulations. All variant or synonym of any such signs shall be considered as accessory us- word, or any type of such bever- es to a Principal Permitted Use, except for age, or that indicates or suggests off-premise advertising signs and bill- that such beverages may be pur- boards. All signs may be erected up to chased in or upon the premises, the property line, unless otherwise sped- except that banner, portable and fled in this Ordinance. Such signs shall temporary signs shall be allowed obtain a building permit and zoning ap- if conforming to the requirements proval prior to construction. of Section 10-26-1(C)(4)(j) and it 1. Exemptions: The regulations con- the sign contains only advertise- tained in this Section shall not apply went for the sale of specific alco- to: holic products, without other con- tent or information. a. Traffic control signs or devices; 3. Off-Premise Advertising Signs and b. Signs located within buildings, ex- Billboards: eluding Home Occupations, or within public sports complexes or Off-Premise Advertising is a tradi- facilities; tional and legitimate advertising me- dium involving the lawful use of pri- c. Official signs of a non-commercial vate nature erected by public utility property. companies; 130 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27--1 SPECIAL I Review by the Iowa Department of ted al o > > w Natural Resources [Ordinance 3614 n^+ l to ' ' s r Yarn • 1/9/89], advising the City of the poten- tial hazards and necessary safeguards. & lnral Functional r , c . c y 10. Mobile Home Parks, including fat- tory-built home parks and subdivi- cated less than 250 feet measured sions if the structures are not classi- from the nearest part of the building fied as real estate. `tructure o *a c 11. Rubble Disposal Site, Rubble Fill Site, • or clean fill site, except clean fill ap- when meeting^the following mini- proved as part of a development plan mum requirements: A duplicate of the application submit- ted to the Black Hawk County Health a• Where the business, when oper- Department shall be submitted to the ated in conformance with such Commission. The application shall reasonable conditions as may be contain the signature of landowner, imposed by the Board of Adjust- legal description of property, a plot ment, satisfies the following crite- plan showing area to be filled with ex- ram' isting and proposed final elevations. i. The proposed location, design, The application shall also include an construction and operation of estimate of the number of cubic yards the particular use adequately necessary and length of time esti- safeguards the health, safety mated to complete filling. [Ordinance and general welfare of persons 3590, 10/17/88] residing in the adjoining or 12. Adult Businesses/Adult Uses [Ordi surrounding residential area. nance 3642, 5/1/89] in accordance with ii. The business uses landscaping, "Adult Businesses/Adult Uses" of walls or structures to prevent Sections 10-3-1, 10-15-1(A)(2), and 10- any noise, vibration or light 27-1(N). generated by the business 13. Gaming facilities, unless located with- from having a significant det- in a Planned District where listed as a rimental impact upon the ad- Permitted Use. [Ordinance 4735, joining residential or protected 10/18/04] uses. 14. One or two-family residential struc th• The business will not unduly tures when more than one (1) such increase congestion on the structure is erected on a single lot in streets in the adjoining resi the "R-1" or "R-2" District. [Ordinance dential area. 4855, 2/19/07] [Ordinance 4885, iv. The operation of the business 10/15/07] will not constitute a nuisance. 15. Non-Limited Alcohol Sales Uses, and v. The business, if a grocery hav- Groceries that are Limited Alcohol ing less than 10,000 square feet Sales Uses (off-premise consumption) of retail floor space and lo- having less than 10,000 square feet of cated in an Alcohol Sales Use retail floor space and located in an Al- Overlay District, has provided cohol Sales Use Overlay District, other satisfactory evidence that it 145 CHAPTER 27 SYE.CIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL I will operate as a Limited Al- of such application to recon- cohol Sales Use (off-premise sider and notice of the hearing consumption) and as a gro- before the Board of Adjust- cery. ment on such application shall b. Any Special Permit so granted by be provided to the owner of the Board of Adjustment shall be such business at least ten days subject to the following general in advance and shall also be conditions, together with any ad- provided to all owners of re- ditional special conditions re cord of property within two quired by the Board of Adjust hundred fifty (250) feet of the ment as appropriate: subject property. If the Board of Adjustment finds that the i. Any parking area provided for operation of such business ex- the use of customers of the hibits a pattern of violating the business shall be illuminated conditions set forth in the Spe- to appropriate standards cial Permit, the Board of Ad- found in the City of Waterloo justment shall have the author- Municipal Code. Parking lot ity to amend or revoke the lighting shall be directed away special use permit. [Ordinance from nearby residential prop- 4976, 11/23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to taro alcohol sales uses, to mitigate noise control. the secondary effects of certain al- iii. Attractive litter and trash re- cohol sales uses, to preserve and ceptades shall be located at protect neighborhoods from dete- convenient locations inside rioration and loss of property val- ue due to incompatible uses, and and outside the premises. otherwise to promote the general iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of v. If the zoning officer deter- conflict, the most restrictive provi- mines at any time that the op- sions shall govern, except as oth- eration of such a business ex- erwise expressly provided in this hibits a pattern of violating the subsection. conditions set forth in the Spe- 16. Religious facilities. cial Permit, the zoning officer may apply to the Board of Ad- 17. Non-profit institutions of a philan- justment to reconsider the is- thropic or educational nature, includ- suance of the special use per- ing libraries but excluding philan- mit for such business. A copy thropic professional offices in the "R- 4" Multiple Residence District or less 146 10-27-1 SPECIAL I P. Buffers Required. height of planting shall be adequate to serve [Ordinance 3050, 10/1/79] as an effective visual screen. [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trasting and conflicting uses is across a bar- quiring a buffer between them are rier and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce five and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- ting or contrasting or conflicting use. wise provided by law. However, in The following conditions shall require a the event that any or all of the im- buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc. for the pur- l. All "C" Districts which abut any "R 1" pose of renewal, redevelopment, etc., or "R-2" District shall be buffered as that portion of such property being renewed, redeveloped, etc. shall be required in this article. considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as required in this article. 2. Where one of the two (2) different dis- tricts requiring a buffer between them Buffers required under the provisions of is partially developed, the developer this artide or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- nance material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts requiring a buffer follows a street right-of- shall be designed for both structural way,railroad, stream,or other similar barrier,adequacy and aesthetic quality. The the requirement for a buffer may be waived use of weather resistant wood, metal or manufacturing substitutes may be by the City Planner or designee, provided such waiver does not permit the exposure of used as an accessory material for aes- thetic quality. undesirable characteristics to public view. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-Regulations. less than forty (40) feet in width, de- 1. Classification. Except in the "C-3" signed and landscaped in an aesthetic manner. District, all alcohol sales uses,whether existing or proposed, shall be classi- Predominant planting shall be of ever- fied by the City Planner or designee as green type trees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 159 10-27-1 SPECIAL I uses." All alcohol sales uses shall be ovid a • ,_classified according to current stan- section. dards pertaining to percentage of sales and retail floor space. For any r '� alcohol sales use that existed before No alto of sal '� 4 adoption of Ordinance 4976 on 11/23/2009, where insufficient infor- mation is available for a determina- ccnsc has been issued, or for lion between a limited or non-limitedt- alcohol sales use according to current cease has ee i a �,ot standards, the use shall be classified het granted n a .t- as a limited alcohol sales use and shall r alcohol sales be subject to all of the requirements use holding the same ^lass of ti pertaining to such uses. Any business requesting classification as a non- structure limited alcohol sales use shall provide ter outdoor za o adequate documentation for such a hol sales use to the closest point of determination. Adequate documenta- tion may consist of, but shall not be cohol sales use. limited to, tax forms filed with the �,, aleehe Iowa Alcoholic Beverages Division, o,^a le *� � ted with• i, n w i � a • , • sales register or point-of-sale system 250 c et c `'rcr alcohol sales use reports, income statements, and/or that is not a limited alcohol sales use, other information certified as true and correct by a licensed public account- Y"=` ant or a certified public accountant. the building structure or outdoor scr Any information provided by the vice area of an alcohol sales use to the closes. p,,:,.,t of ti r r y ' c business shall be certified by the busi- another alcohol sales use. ness as true, correct and complete un- der penalty of perjury. ese—and 2. Drive-Up Windows. r rose nd into t i� a. No business that is an alcohol sales subsection Q is to establish alcohol use shall construct, open or install o avoid undue any drive-through or walk-up concentration of certain alcohol sales window or any similar drive-up or uses, to mitigate the secondary effects drive-in system, except that a pharmacy may have such a system serve and protect neighborhoods from provided that no alcoholic bever- ages may be sold or dispensed value die to incompatible uses, and through same, and except that a r,,,rrr is }w^ , ,,• grocery may have such a system r r s as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the Lions of this subsection Q shall apply customer made the purchase in- an side the premises of the grocery. b. If an application has been filed for a which the land may be classified. In new license or permit to sell or ere ca dispense alcoholic beverages with v r 160 I 10-27-1 SPECIAL I respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided informa- been classified as such within the lion indicates that the business fails to satisfy preceding three (3) months, and if the conditions to qualify as the appropriate the premises is equipped with a category of a limited alcohol sales use, either drive-through or walk-up window on the basis of the preceding twelve (12) or any similar drive-up or drive-in months viewed as a whole or the most recent system, then the application will three (3) months viewed as a whole, then not be approved until any opening such business may be deemed to be an that is part of such window or sys- unlawful use and may be subject to the en- tern is permanently closed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit demonstrates that the business exceeds to conform in materials and ap- by more than ten (10) percent any of the nu- pearance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business shall pay all cost and expense of the audit. R. Limited Alcohol Sales Uses. The city derk shall demand reimbursement [Ordinance 4976, 11/23/09] for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the corn- within thirty (30) days of the date of mailing munity, any limited alcohol sales use as de the notice. Without 'prejudice to any other fined herein is subject to the requirements of available methods of collection, any delin- this Section Upon request of the police chief quent amounts may be assessed against the or designee at any time, but not more fre- property for collection in the same manner as quently than semi-annually, a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or des- proof that the business satisfies the conditions ignee with respect to the status of the busi- to be for the appropriate category of a limited ness within the appropriate category of as-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division,sales register or license, the business shall certify on forms point-of-sale system reports, andfsrincome acceptable to the City Planner or designee statements, and/or other information certi- that it continues to meet, according to current fied as true and correct by a licensed public standards pertaining to percentage of sales accountant or a certified public accountant. and retail floor space, the requirements for Any information provided by the business classification as the appropriate category of shall be certified by the business as true, cor- limited alcohol sales use, including certifica- rect accurate and complete under penalty of tion by a licensed public accountant or a certi- perjury. If the business fails to provide the fieublic accountant that the business meets requested information within thirty (30) days the income restrictions under current stan- after request, then such business shall be 161 10-27-1 SPECIAL I dards to qualify as the appropriate category ever, that any such pre-existing of limited alcohol sales use. wind energy facility which does S. Utility Exemption. not provide energy for a continu- ous period of twelve (12) months With the exception of the Floodway and shall meet the requirements of this Floodplain Overlay Districts, public utilities, subsection T prior to recommenc- as herein defined, shall be considered Princi- ing production of energy. How- pal Permitted Uses in all Districts under this ever, no modification or alteration Ordinance and shall be subject to the Special to an existing wind energy facility Permit process described in Section 10-27-1 shall be allowed unless in compli- (H), as well as the requirements of the appro- ance with this subsection T. priate district. Public utility equipment or structures such as poles (excluding towers), 2. Purpose wires, cables, conduits, streets, railroads in- a. The purpose of this subsection T is eluding railroad spurs, trails, driveways, to provide a regulatory means for bridges, culverts, etc. are exempt from the the construction and operation of Special Permit process. Other public utility large and small wind energy facili- structures, including buildings, power gen- ties in the City of Waterloo,subject eration facilities, substation facilities, and to reasonable restrictions, which other similar uses or structures shall not be will preserve the public health, exempt from the Special Permit process safety, and welfare. The City of unless otherwise provided by law or unless Waterloo adopts these provisions located in a Planned District including the"R- to promote the effective and effi- P", S-1 , "C-P", B-P and"M-2,P" Districts. dent use of the City's wind energy Towers shall be regulated by Sections 10-27- resource. 1(B)(4),10-27-1(0), and 10-27-1(T). 3. Findings T. Wind Energy Facilities. a. The City of Waterloo finds and 1. Applicability dedares that: a. The requirements of this subsec- i. Wind energy is an abundant, tion T shall apply to all wind en- renewable and nonpolluting ergy facilities (large and small) for energy resource of the City which an application for a Special and its conversion to electricity Permit or building permit has may reduce dependence on been submitted to the City of Wa- nonrenewable energy sources terloo after the effective date of and decrease the air and water this subsection T. No such wind pollution that results from the energy facility shall be constructed use of conventional energy after the effective date of this sub- sources. section T except in compliance with this subsection T. ii. The generation of electricity from properly sited wind en- b. Wind energy facilities for which a ergy facilities, including small required permit has been properly systems, can be cost effective issued prior to the effective date of and in many cases existing this subsection T shall not be re- power distribution systems quired to meet the requirements of can be used to transmit elec- this subsection T; provided, how- tricity from wind-generating 162 Proposed Broadway/Logan/E 4th Overlay District ram I Hih ���111 ■� 111 ■� �I�1 11�11� I�llt� =���I ���IM MOM 1 ill R 2,C-z . Ill ' Iu nl� 11111111/ I� 111111= i� i 111111111111 �.Hr-_:-_---- 28 -- ^_ NM _= �� �1� 111� �IIII 11111111111111 al ..= _ F � W11111111111 -- ii - 711111111111111 � II II IF--17- In= I III 1i111111� 1 - ag. �_ 1s� _ 111III= LIIII Ispommn I— ,11111E_ F , III RzC!Z 1111111 ��I IIII i11111 =' - iii1i Ue R 3 k ... — R-2;C-Z : 1 C_2;c-Z 111I1i a '�UNM _ II p I. ... 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MP 41iw • •1 � 1i_ 111110I 0' " .,�' A •, o$ �j a 43 Illlllii'lllll L. ray . NM , 1 ‘rii � ® ..� E II � ��I I ❑ .: : 1IIII ` �* .U 7 _ '1III LU ' 1t . IIIII11111_ i � • 3 i , :+ =a 111111111110 _ 0 � MINI r 161L0tniii ,reu\II now;e ,nitilip � _ ® �NM•- �IIIIIIIIIIIIIII/J 1$t#�� ®® 9. k \w va= 'ii:IIIIIIUIII , ii A, "�,... p� li!IIa �% i l — ... [..,,,... ii : �� /1111'11114 111 F — ft Utililiw 60 AIIIIMII Q N I1iiiiii1111 EL__ — Mg "1MI MI C1��in g : �wYuia i.qh CC E r• r•ME Z ^� — Ma NM .r• �m 1 1 k I 1 C r•MI in= ■M7 ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, LIQUOR CONTROL,OF TITLE 3,LICENSE AND BUSINESS REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 6 of Chapter 2, Liquor Control, of Title 3, License and Business Regulations, is hereby amended to add a new paragraph F as follows: 3-2-6: CONDITIONS OF LICENSE OR PERMIT: F. Drive-Up Windows: Any licensee or permittee who sells or dispenses alcoholic beverages via a drive-through or walk-up window or any similar drive-up or drive-in system in violation of Title 10 of this code of ordinances shall be guilty of a violation of this ordinance. In addition to any penalties prescribed by this chapter,the licensee or permittee shall, upon conviction, obtain a building permit and proceed to permanently close said window or opening and shall finish the exterior of the work to conform in materials and appearance as closely as reasonably possible to the remainder of the exterior of the premises, within ninety(90)days of conviction of such violation. [All other provisions of Section 3-2-6 remain unmodified.] PASSED AND ADOPTED by the City Council this day of 2012, and approved by the Mayor this day of 2012. Ernest G. Clark,Mayor A 1-1 EST: Suzy Schares, City Clerk