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HomeMy WebLinkAbout3378-02/13/1984 ORDINANCE NO. 3378 AN ORDINANCE AMENDING ORDINANCE 2479, AS AMENDED, KNOWN AS THE ZONING ORDINANCE FOR THE CITY OF WATERLOO, IOWA BY REPEALING: PART III, SECTION 2A-3, DEFINITIONS ; AND ENACTING IN LIEU THEREOF A NEW: PART III , SECTION 2A-3, DEFINITIONS ; AND ADDING, PART V. SECTION 2A-7, GENERAL REGULATIONS ; SUBSECTION P. , DWELLING STANDARDS AND ADDING, PART XXII , SECTION 2A-48, EXCEPTIONS AND MODIFICATIONS; SECTION M. , MOBILE HOMES . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: That Part III , Section 2A-3, Definitions of the Zoning Ordinance No. 2479, as amended is hereby repealed in its entirety; and That Part III , Section 2A-3 , Definitions of the Zoning Ordinance No. 2479, as amended is hereby enacted in lieu thereof as follows : PART III 2A-3 . DEFINITIONS (1 ) Abutting: Having property or district lines in common. (2) Accessory Structure: A subordinate structure locate, on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building, (3) Accessory Use: A use customarily incidental and subordinate to the main use or building and located on th, same lot therewith. In no case shall such accessory use dominate, in area, extent, or purpose, the principal lawful use or building. (4) Actuarial Rates : Or "risk premium rates" are those rates esta ished y the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the acccepted actuarial principles . Actuarial rates include provisions for operating costs anf allowances . (5) Adjacent : Nearby, not distant, may or may not have common property or district lines. (6) Alley: A public way, other than a street, twenty (20) feet or less in width affording secondary means of access to abutting property. (7) Amendment : A change, supplement, revisions, or reclassification in the Zoning Ordinance. An amendment can take three (3) forms : (1) a comprehensive revision or modification of the zoning text and map : (2) a text change in zone requirements ; and (3) a change in the map, i. e. , the zoning designation of a particular parcel or parcels. (8) Apartment : A living unit in a multiple dwelling. 800K 260 PAGE 142 (9) Apartment Hotel: A building containing both dwelling units and rooming units, used primarily for permanent occupancy. (10) Apartment House : See Dwelling, Multiple. (11 ) Auction Establishments : Any property or structure devoted to public auction or sales , two (2) or more times a year, for selling of private property or consigned goods. ( 12) Automobile, Tractor or Machinery Salvage Yard: Any place where a vehicle is not in running, condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition. (13) Basement: A story having part but not more than one-half (T/7) of its average height below grade. A basement is counted as a story for the purpose of height regulations . A basement may be used as a habitable floor subject to the requirements of the Uniform Building Code. (14) Billboard: "Billboard" as used in this ordinance shall inc u e all structures regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs , wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboard are located. (15) Board of Adjustment : A Board, who under appropriate conditions and safeguards, makes special exceptions to the terms of the Ordinances in harmony with its general purpose and intent. This is to be done in accordance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the City in adoption of such regulations and restrictions may petition the said Board directly to modify regulations and restrictions as applied to such property owners. (16) Boarding House A building other than a hotel where for compensation, meals or lodging and meals are provided for three (3) or more persons . (17) Building: Any structure designed or intended for the support, enclosure, shelter, or protection of persons , animals or property, but not including signs or billboards . (18) Building, Height Of: The vertical distance from the average grade to the highest point of the coping of a flat room, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. (19) Building Line : A line, usually fixed parallel to the lot line, beyond which a building cannot extend under the terms of the Zoning Ordinance. BOOK 260 FACE 143 (20) Bulk Stations : Distributing stations commonly known as bulk or tank stations commonly used for the storage and distribution of flammable liquids or liquified petroleum products where the aggregate capacities of all storage tanks is more than twelve thousand (12, 000) gallons . This however is not limited to flammable liquids , but also could contain milk, syrups , vinegars and non-flammable chemicals. (21 ) Carport : A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides . For the purposes of this ordinance, a carport attached to a principal building shall be considered as part of the principal building and subject to all yard requirements herein. (22) Car Wash : A building or portion thereof containing facilities for washing automobiles or trucks, using production-line methods with a chain conveyor, blower, steam-cleaning device, or other mechanical devices or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles or trucks, whether by operator or by customer. (23) Cellar: That portion of a building having more than one-half (1/2) of its average height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement. For the purposes of this ordinance a cellar is not considered a habitable floor. (24) Channel: A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of a defined channel. (25) Child Day Care Center : See Day Nursery or Nursery School. (26) Clinics : A building or buildings used by physicians and/or dentists, osteopaths , chiropractors and allied professions for out-patient care of persons requiring such professional service. (27) Common Land : A parcel or parcels of land, together with the improvements thereon, whether retained in private ownership for the shared use and enjoyment of the owners and occupants of the individual building units in a planned unit development, or dedicated to the general public. (28) Comprehensive Plan: The document or series of documents prepared and adopted by the Plan and Program Commission setting forth the policies for the future growth and development of the community. It serves as the guide for many growth related decisions , including land use changes, zoning changes , growth management and capital improvements programming. (29) Condominium: Individual ownership of a unit in a multi-unit structure with certain parts of a building which would normally be used by all occupants such as yard, foundations , basements , floors , walls , hallways , stairways, elevators and all other related common elements . BOOK 260 PAGE 144 (30) Conditional Zonin : The attachment of special conditions of a rezoning request which are not specifically spelled out in the text of the Zoning Ordinance (Part V General Regulations ; 2A-7 General Regulations , Conditional Zoning. ) (31 ) Day Care Center, Adult : Any private agency, institution, establishment or place which provides supplemental care and/or educational work, other than lodging overnight, for six (6) or more unrelated individuals. (32) Day Nursery or Nursery School : Any private agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) or more unrelated children of pre-school age, for compensation. (33) Development : Any man-made change to improved or unimproved real estate, including but not limited to building or other structures , mining, dredging, filling, grading, paving, excavation, or drilling operations . (34) Drive-In Establishment : See Restaurant. (35) Dwelling: Any building or portion thereof which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer, or mobile home. (36) Dwelling, Multiple : A residence designed for or occupie y three or more families , with separate housekeeping and cooking facilities for each. (37) Dwelling, Row: Any one of three or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall or walls . (38) Dwelling, Single-Family: A detached residence designed for or occupied by one family only. (39) Dwelling, Two-Family: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. (40) Dwelling Units : A room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one family containing bathroom and kitchen I facilities . (41 ) Factory-Built Structure : Any structure which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. (42) Factory-Built Housing: A factory-built structure designed forlong-term residential use. For the purposes of these regulations , factory-built housing consists of three (3) types : modular homes , mobile homes , and manufacured homes . (43) Fam�il : One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons . BOOK 260 "PAGE 145 (44) Farm: An area comprising thirty-five (35) acres or more wfi—iT is used for the growing of usual farm products, such as vegetables , fruits , and grain and their storing on the area, as well as for the raising theron of the usual farm poultry and farm animals . The term "farming" includes the operation of such area for uses for treating or storing the food produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feeding of garbage or offal to swines or other animals . (45) Fast Food : See Restaurant. (46) Feed Lot : Any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs , or sheep. (47) Fence, Residential : A barrier and/or structure erected in an District intended to provide security, mark a boundary, or as a means of landscaping with the centerline of said barrier to be located inside the designated property line. Such fence shall be constructed of materials commonly used for landscape fencing such as masonary block, lumber, chain link, but shall not include corrugated sheet metal, barbed wire, salvage material, or electrified. (48) Fence, Non-Residential: A barrier and/or structure erected in a district other than an "R" District intended to provide security, mark a boundary or a means of landscaping with the centerline of said barrier to be located inside the designated property line provided no such fence is constructed of salvaged material or uses barbed wire closer than six (6) feet to the ground except a fence used purely for agricultural purposes (49) Flood: A temporary rise in streams flow or stage that rests in water overlapping its banks and inundating areas adjacent to the channel. An unusual rapid accumulation of runoff or surface waters from any source excluding a mud slide or mud flow. (50) Flood Elevation Determinations : A determination of the water surface elevations of the 100 Year Flood; that is, the level of flooding that has a one pecent (lq) chance of occurrence in any given year. (51 ) Flood Insurance Rate Map (FIRM) : The official map prepared by the Department of Housing and Urban Develpment, Federal Insurance Administration for a community delineating where flood hazard areas are located and the risk premium zones applicable to such area. (52) Flood Insurance Stud (FIS) : The official report provided by the Federal Insurance Administration. The report contains flood profiles and water surface elevations for various flood frequencies as well as the boundaries and water surface elevations of the 100-Year Flood. (53) Flood Plain: The relatively flat area of low lands adjoining the channel of a river, stream, or watercourse which has been or may be covered by floodwater. BOOK 260 PAGE 146 (54) Flood Plain Management: The operation of an overall program of-corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works and flood plain management regulations. (55) Flood Protection System: Those physical structural works constructed speci ically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" . Such a system typically includes levees or dikes . These specialized modifying works are those constructed in conformance with sound federal engineering standards. (56) Flood Proofing: Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities , which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. (57) Floodway : The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100 Year Flood without cumulatively increasing the water surface elevation more than one (1 ) foot at any point assuming equal conveyance reduction outside the channel from the two (2) sides of the flood plain. (58) FloodwaXFrin_ge:: That area of the flood plain, outsi e�of the floodway, that on the average is likely to be flooded once every 100 years (i.e. that has one percent chance of flood occurrence in any one year. ) (59) Floor Area: Is the area included within the surroundingrior walls of building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above. (60) Floor Area Ratio : The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located. (61 ) Foster Child Care : Care and education of not more than five c i ren unrelated to the residents by blood or adoption. (62) Front Lot Line : The narrowest dimension of the lot lines abutting a street. (63) Garage, Private: An enclosed structure intended for and used for the parking of the private motor vehicles of the families resident upon the premises . (64) Gas Stations : Any building or premises used for the retail sale of liquified petroleum products for the propulsion of motor vehicles and may include such products as kerosene, fuel oil, packaged naptha, lubricants, tires, batteries, anti-freeze, motor vehicle accessories , and other items customarily associated with the sale of such proudcts ; for the rendering of services and making of adjustments and replacement to motor vehicles, and the washing, waxing, and polishing of motor vehicles, as incidental to other services rendered ; and BOOK 260 PAGE 147 the making of repairs to motor vehicles except those of major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring and frame repairs, major overhauling of engines, requiring the removal of engine cylinder head or crankcase pan, repairs to radiators (65) Habitable Floor : Any floor used for living, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a "habitable floor". (66) Halfway House : An establishment for adolescents or adults who have been institutionalized for various reasons and released, or who have or have had physical or social disabilities which make operation in society difficult and require the protection of a group setting to facilitate the transition to a functional member of society (e.g. , former convicts, alcoholics, drug addicts , emotionally distrubed and mentally deficient or physically disabled, etc. ) ; provide shelter, supervision and short-term rehabilitative services ; usually not licensed by state or local agency but may be subject to provisions of local building and health codes . Facility usually sponsored by health or welfare agency, or sectarian organization. (67) Health Clubs : A non-medical service establishment intended to maintain or improve the physical condition of persons . Contains exercise facilities , game equipment, steam baths, saunas, tanning equipment and/or similar facilities. (68) Home Occupation : A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit and where no persons living outside the home are employed other than resident and domestic help. The use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind ; and any indoor storage, construction, alterations , or electrical or mechanical equipment used shall not change the fire rating of the structure of the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, telephone, or garbage) so that the combined total use of dwelling and home occupation purposes of the one or more utilitie exceeds the average for residences in the neighborhood. When a use is a home occupation, it means that the owner , leasee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions which are applied in this ordinance generally, such as off-street parking, and to all other permits required under the City code, such as Building Permits and Business Licenses. nv 260 PAGE 148 (69) Hotel : A building containing twenty (20) or more indiviJual sleeping rooms or suites having each a private bathroom attached thereto for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals excluding accommodation for employees and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised by a person in charge at all hours . Where a hotel is permitted as principal use, all uses customarily and historically an accessory thereto for the comfort, accommodation and entertainment of the patron, including the service of alcoholic beverages shall be permitted. (70) Junk Yard : Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, kept, stored or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building and not including automobile, tractor or machinery wrecking and used parts yard and the processing of used, discarded or salvaged materials as part of manufacturing operations and not including contractors storage yards. (71 ) Junk Vehicle, Salvage Vehicle: A motor vehicle or other ve icle, or portion thereof not in running condition or not licensed for the current year as provided by law. No junk vehicle shall be kept, stored , or otherwise located anywhere except in an approved and licensed auto salvage yard. (72) Kennel: Any building or lot on which four (4) or more dogs or cats six (6) months old or older are housed, bred, boarded, trained, groomed or sold. (73) Kennel, Boarding: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. (74) Lot : For the purposes of this ordinance, a lot is a parcel--of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are. herein required. Such lot shall have frontage on a public street or private street and may consist of: (a) a single lot of record ; (b) a portion of a lot of record ; (c) a combination of complete lots of record; of complete lots of record and portions of lots of record ; or of portions of lots of record ; and (d) a parcel of land described by metes and bonds ; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this ordinance ; and further provided that any lots created after January 1, 1978 shall be done so in conformance with the Waterloo Subdivision Ordinance and Chapter 409 of the Code of Iowa BOOK 260 PAGE 149 (75) Lot , Corner: A lot abutting upon two (2) or more streets at their intersection. (76) Lot Depth: The mean horizontal distance between the front and rear lot lines . In the case of a corner lot, the lot depth is the greater of the mean horizontal distances between the front lot lines and the respective side lot line opposite each. (77) Lot , Double Frontage : A lot having a frontage on two (T) non-intersecting streets, as distinguished from a corner lot. (78) Lot, Interior: A lot other than a corner lot . (79) Lot, Lines : The property lines bounding lot . (80) Lot of Record : A lot which is a part of a subdivision recorded in the Office of the County Recorder of Black Hawk County, or a lot or parcel described by metes and bounds prior to February 7, 1969, the description of which has been so recorded. (81 ) Lot Width : The width of a lot measured at the buildingimine and at right angles to its depth. (82) Lot Reversed Frontage : A corner lot, the side street line of which is substantially a continuation of the front line of the first platted lot to its rear. (83) Main Body: Is the area included within the surroun id ng exterior walls of the dwelling. Used for living, sleeping, eating, cooking, recreation or a combination thereof. (84) Manufactured Home: A factory-built single-family structure, which is manufactured or constructed under the authority of 42 U.S .C . Sec 5403, National Manufactured Home Construction and Safety Standards Act of 1974, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than , for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles . A mobile home is not a manufactured home, unless it has been converted to real property and is taxed as a site-built dwelling. For the purposes of these regulations, a manufactured home built after June 15 , 1976, shall bear the seal certifying that it is in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974. For the purpose of these regulations , manufactured home shall be subject to the same standards as site-built dwellings. (85) Modular Home: Factory-built housing certified as meeting the State Building Code as applicable to modular housing. For the purposes of these regulations , once certified by the State, modular homes shall be subject to the same standards as site-built dwellings . (86) Mobile Home : Any vehicle without motive power used or so manu actured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons ; but shall include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home shall not be construed to Boor 260 PAGE 150 be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto , whether or not wheels, axles , hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. Nothing in this ordinance shall be construed as permitting a mobile home in other than an approved location, as specified in this ordinance. (87) Mobile Home Park or Trailer Park: Any lot or portion of a lot upon which two UT or more mobile homes or trailers occupied for dwelling or sleeping purposes are located regardless whether or not a charge is made for such accommodation. (88) Motel : A building or group of buildings which : (a) contains living or sleeping accommodations used primarily for transient occupancy and (b) has individual entrances from outside the building to serve each living or sleeping unit. Where a motel is permitted as a principal use, all uses customarily and historically accessory thereto for the comfort, accommodation and entertainment of the patron, including the service of alcoholic beverages shall be permitted. (89) New Construction : New construction means those structures where new construction or substantial improvement of which is begun after July 1 , 1978 or the effective date of Flood Insurance Rate Map (FIRM) whichever is later. (90) Non-Conforming Use: Any building or land lawfully occupied by a use at the time of passage of the ordinance or amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the regulations of the district in which it is situated. (Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations and residential floor area regulations for the district in which they are located are not non-conforming uses as defined above. ) (91 ) Nursing or Convalescent Home : A building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled or injured persons , not including insane and other mental cases , inebriate, or contagious cases. (92) Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, junk, solid waste refuse, fill, or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. (93) "Reserved" for 493. BOOK 260 PAGE 151 (94) One Hundred (100) Year Flood: The base flood having a one percent change of natural occurrence. (95) Overlay District : A district which acts in conjunction with underlying zoning district or districts . (96) Parking Lot, Off-Street : A parcel of land devoted to unenclosed parking spaces for more than five (5) vehicles, plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. (97) Parkin Space : An area of not less than one hundred sixty-two square feet plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. (98) Planned Unit Development : A tract of land planned and developed as an integrated unit under single ownership or control. Control in this context may, in addition to single ownership, be vested in partnerships , corporations, syndicates or trusts comprised of owners of separate and contiguous tracts of land who join together in a good and sufficient agreement for the purposes of developing their respective properties according to one integrated plan. (99) Porch, Unenclosed : A roofed projection which has no more than fifty percent of each outside wall area enclosed by a building or siding material other than meshed screens. ( 100) Rear Lot Line : Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd-shaped lots the rear lot lines shall be defined by the Zoning Commission. ( 101 ) Regulatory Flood : A flood which is representative of large floods known to have occurred generally in the area and reasonable characteristic of what can be expected to occur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. (102) Regulatory Flood Protection Elevation : The elevation to which uses regulated by this ordinance are required to be elevated or floodproofed. (103) Restaurant : (a) Drive-In Establishment : An establishment which by design or physical facilities or by service or packaging procedures, encourages or permits customers to receive or obtain a product which may be used or consumed in an automobile on the premises or to be entertained while remaining in an automobile. This term does not include sidewalk or patio cafes where service is provided to tables only. BOOK 260 PAGE 152 (b) Fast Food Type: Where customers are normally served their food or beverages in disposable containers for consumption on the premises or within a motor vehicle. (c) Standard Type : Where customers are normally provided with an individual menu and are served their food or beverages by a restaurant employee at the same table or counter at which said items are consumed. (104) Rooming House: A building where a room or rooms are provi e or compensation to three (3) or more persons . (105) Rubble Fill Site : A premise used for disposal of "clean type of fillmaterial or refuse, such as dirt, rocks, clay and similar materials, but not including organic matter of any type such as garbage or dead animals, trees, wood products, etc. or portions thereof. (106) Set Back: The minimum distance between the street line and the front line of a building or any projection thereof, excluding steps and unenclosed porches and other necessary approaches to the building. (107) Setback Line: A building line which determines the location of a building or structure with respect to any street lot line. (108) Side Lot Lines : Any lot lines which meet the end of a front lot line. ( 109) Sign, Exterior: A sign which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located. An exterior sign is a sign attached flat against a building or structure, or projecting out from a building or structure or erected upon the roof of a building or structure. (110) Sign, Free Standing or Post : Any sign erected or affixed in a rigid manner to any pole or post, and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs, or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises by an occupant thereof. (111 ) Sign, On-Site : A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises . (112) Sign, Off-Site : A sign other than an on-site sign. (113) Site Plan: A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites , reserved open space, building, major landscape features, and the location of proposed utility lines . (114) Special Permit : A use allowed in any district after a public hearing by the City Council and recommendation of the Plan and Program Commission that meets the necessary conditions and safeguards for its operation. BOOK 260 PAGE x.53 (115) Stable, Private: A building or structure used or intended to be used for housing horses belonging to the owner of the property only for non-commercial purposes . (116) Stable, Public and Riding Academy: A building or structure used or intended to be used for the housing only of horses on a fee basis . Riding instructions may be given in connection with a public stable or riding academy. (117) Stable, Riding Club: A building or structure used or intended to be used for the housing only of horses by a group of persons for non-commercial purposes . (118) Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling or roof next above it. ( 119) Story, Half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. (120) Street Line : The right-of-way line of a street . ( 121 ) Street , Private : Any private way, which has not been dedicated to the public or deeded to the City for street purposes and has been approved by the City Council after recommendation by the City Plan and Program Commission and City Engineer. (122) Street, Public : Any thoroughfare or public way which has been a icated to the public or deeded to the City for street purposes and which have been approved by the City Council after recommendation by the City Plan and Program Commission and City Engineer. (123) Structural Alterations : Any replacement or changes in the types of construction or in the supporting members of a building such as bearing walls or partitions , columns, beams, or girders, beyond ordinary repairs and maintenance. (124) Structure : Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes , billboards and poster panels . (125) Substantial Improvements : "Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds sixty (60) percent of the market value of the structure either, (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. (126) Summer Cottage: A single family dwelling for seasonal or temporary occupancy only, and not permanently occupied as a family residence during any entire year. BOOK 260 PAGE 154 (127) Tourist Home : A residential building in which rooms are available or rental purposes as overnight sleeping accommodations , primarily for transients . (128) Trailer: See "Mobile Home" . (129) Trailer Park: See "Mobile Home Park" . (130) Used Car Lot : A designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning and repairing any motor vehicle of a type subject to registration under the laws of the State of Iowa. (131 ) Use, Principal : The main or primary purpose for which a--B-uilding, structure or lot is designed, arrranged, or intended, or for which they may be used, occupied, or maintained under this ordinance. (132) Variance : A device which grants a property owner relief room certain provisions of this ordinance which the Board of Adjustment is permitted to grant in cases where strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (133) Yard: An open space on the same lot with a building or structure unoccupied and unobstructed by any portion of a structure from thirty (30) inches above the general ground level of the graded lot upward. In measuring a yard for the purpose of determing the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. In measuring a yard for the purpose of determining the width of a side yard, the least distance between the lot line and nearest permitted building shall be used. (134) Yard, Front : A yard extending across the full width of the-To-tand measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches. ( 135) Yard, Rear: A yard extending across the full width of lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches . On both corner lots and interior lots the opposite end of lot from the front yard. ( 136) Yard, Side: A yard extending from the front yard to the rear yard and measured between the side lot lines and nearest structure. (137) Zero Lot Line : A development approach in which a building is sited on one or more lot lines with no yard . I ' BOOK 260 PAGE x.55 AND, That Part V, Section 2A-7 , General Regulations ; Subsection P. , Dwelling Standards is hereby added as follows: PART V SECTION 2A-7 , General Regulations P. Dwelling Standards : The following standards shall apply to all new we lings for which building permits have been issued on or after December 17 , 1984: a. The dwelling shall be affixed to a permanent foundation system, in accordance with the Uniform Building Code standards ; b. The average width and length of the main body of the dwelling shall be a minimum of twenty (20) feet as measured from at least three (3) points of at least ten (10) feet apart on the dwelling. AND, That Part XXII , Section 2A-48, Execeptions and Modifications ; Subsection M. , Mobile Homes is hereby added as follows : PART XXII SECTION 2A-48 , Exceptions and Modifications M. One (1 ) mobile home may be placed on a farm eighty (80) acres or larger in addition to an existing permanent dwelling provided that occupant of said mobile home is active in the conduct of agricultural operation of said farm. No commercial, manufacturing or professional services shall be carried on in a mobile home or trailer constructed as a mobile home. This is not to be construed as prohibiting utilization of mobile home or trailer for temporary uses on construction sites . Passed and adopted by the City Council this 17 day of December, 1984, and approved by the Mayor this 19 day of December, 1984. Del Bowers, Mayor ATTEST: ar y P. urger, Cit lerk/Auditor CERTIFICATE I , Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, d hereby certify that attached hereto is a true and complete copy of Ordinance No. 3378, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17 day of December, 1984. Witness My Hand and Seal of Office this 24 day of January, 1985 . rry P. urger, i.t Clerk Auditor BOOK 260 PAGE 156 'nuac I NDEXED gY'" COMPA ED v PAGED AC BLACK HAWK COUNTY, IOWA:SS Filed for recorda 19_g J at 8:O/ M,1u/andrecorded in v7 k4r-. Book a 6 0 Page /'�/02 Recorder Deputy Fee 75.06 G�Z . c BOOK 260 PAGE 157 ' AND, That Part V, Section 2A-7 , General Regulations ; Subsection P. , Dwelling Standards is hereby added as follows: PART V SECTION 2A-7 , General Regulations P. Dwelling Standards : The following standards shall apply to all new dwellings for which building permits have been issued on or after December 17 , 1984: a. The dwelling shall be affixed to a permanent foundation system, in accordance with the Uniform Building Code standards; b. The average width and length of the main body of the dwelling shall be a minimum of twenty (20) feet as measured from at least three (3) points of at least ten (10) feet apart on the dwelling. AND, That Part XXII , Section 2A-48, Execeptions and Modifications ; Subsection M. , Mobile Homes is hereby added as follows : PART XXII SECTION 2A-48, Exceptions and Modifications M. One (1 ) mobile home may be placed on a farm eighty (80) acres or larger in addition to an existing permanent dwelling provided that occupant of said mobile home is active in the conduct of agricultural operation of said farm. No commercial, manufacturing or professional services shall be carried on in a mobile home or trailer constructed as a mobile home. This is not to be construed as prohibiting utilization of mobile home or trailer for temporary uses on construcrion sites . Passed and adopted by the City Council this 17 day of December, 1984, and approved by the Mayor this 19 day of December, 1984. Del Bowers , Mayor ATTEST: a y P. urger, Cit Jerk/Auditor CERTIFICATE I , Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, d hereby certify that attached hereto is a true and complete copy of Ordinance No. 3378, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17 day of December, 1984. Witness My Hand and Seal of Office this 24 day of January, 1985 . '-- rry P. urger, Cler Au itor 11-1 ,x BOOK 260 PACE 156 ordinance No . 3378 - A ` wear that the annexed copy of IUatcrloo �roilricr a daily newspaper printed in Waterloo, lished in the unty, Iowa once it 85 February 19 in the issues of n theh day of�— u a r v 13th+ 1985 er, and that the annexed rate of $ of said newspap is a correct bill for sP P €+ a er,and that the following i £, a regular legal rate of said new336 r Printer's Bill $ �— ti notice. r iE U' 2 Signed f� day of bed and sworn to befora me this Subscribed -_ a pp A.D., 19 0 55 6otary Public 4. 40P Received of Dollars UM f1 in full foropublithe 51 cation of the above notice.