HomeMy WebLinkAbout3323-02/06/1984 (2) ORDINANCE N0. 3323
AN ORDINANCE AMENDING ORDINANCE 2479, KNOWN AS THE ZONING ORDINANCE BY
REPEALING:
PART III, SECTION 2A-3, DEFINITIONS;
AND ENACTING IN LIEU THEREOF:
PART III, SECTION 2A-3, DEFINITIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATER M, BLACK HAWK
COUNTY, IOWA:
That Part III, Section 2A-3, Definitions of the Zoning Ordinance is
hereby repealed in its entirety; and
That Part III, Section 2A-3, Definitions of the Zoning Ordinance is
hereby enacted in lieu thereof as follows:
PART III
2A-3. DEFINITIONS
Abutting: Having property or district lines in
common.
Accessory Structure: A subordinate structure located
on the same of 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.
Accesso Use: A use customarily incidental and
subordinate to the main use or building and located on the
same lot therewith. In no case shall such accessory use
dominate, in area, extent, or purpose, the principal
lawful use or building.
Actuarial Rates: Or "risk premium rates" are those
ratesestabIis e�3-Fy- 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 and
allowances.
Adjacent: Nearby, not distant, may or may not have
common property or district lines.
Alle , A public way, other than a street, twenty
(20) eor less in width affording secondary means of
access to abutting property.
Amendment: A change, supplement, revisions, or
reclassi kation 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.
Apartment: A living unit in a multiple dwelling.
Apartment Hotel: A building containing both dwelling
units anroaning units, used primarily for permanent
occupancy.
Boor 254 PACE 759
Apartment House : See Dwelling, Multiple.
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.
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.
Basement: A story having part but not more than
one-hal?--(-l-/r2) 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.
Billboard : "Billboard" as used in this ordinance
shallinc�u a 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.
Board of Adjustment : A Board, who under appropriate
condit ons 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.
Boarding House A building other than a hotel where
for compensation, meals or lodging and meals are provided
for three (3) or more persons .
Building: Any structure designed or intended for
the support, enclosure, shelter, or protection of
persons, animals or property, but not including signs or
billboards .
Building, Hei ht 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.
Building Line : A line, usually fixed parallel to
the lot ine, beyond which a building cannot extend under
the terms of the Zoning Ordinance.
BOO'" 254 PACE A0
Bulk Stations : Distributing stations commonly known
as bulk or tan 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.
Carport : A roofed structure providing space for the
parking oC ��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.
Car Wash : A building or portion thereof containing
facilities 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.
Cellar: That portion of a building having more
than one-elf (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.
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.
Child Day Care Center: See Day Nursery or Nursery
School.
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.
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.
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.
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 Z54 PACE ���
Conditional Zoning: 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. )
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.
Day Nursery or Nursery School : Any private agency,
institution, establishment or prace 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.
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.
Drive-In Establishment : See Restaurant.
Dwellin : Any building or portion thereof which is
designer used exclusively for residential purposes but
not including a tent, cabin, trailer, or mobile home.
Dwelling, Multiple : A residence designed for or
occupie y three or more families , with separate
housekeeping and cooking facilities for each.
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 .
Dwelling, Single-Family: A detached residence
designed or or occupied by one family only.
Dwelling, Two-Famil : A residence designed for or
occupied by two ami ies only, with separate
housekeeping and cooking facilities for each.
Dwelling Units : A room or group of rooms which are
arrangeT,---aesigned or used as living quarters for the
occupancy of one family containing bathroom and kitchen
facilities.
Family: One or more persons occupying a single
dwellyaing unit, provided that unless all members are
related by blood, marriage , or adoption, no such family
shall contain over four (4) persons.
Farm: An area comprising thirty-five (35) acres or
more wNi cfi 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.
Bov 254 PAGE 462
Fast Food : See Restaurant.
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.
Fence, Residential : A barrier and/or structure
erected in an R 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.
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
Flood : A temporary rise in streams flow or stage
that results 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.
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 (1%)
chance of occurrence in any given year.
Flood Insurance Rate Map (FIRM) : The official map
prepared by the Department ot 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.
Flood Insurance Stud (FIS) : The official report
provided y 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.
Flood Plain: The relatively flat area of low lands
adjoining the cTiannel of a river, stream, or watercourse
which has been or may be covered by floodwater.
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.
gook 45 PALE
Flood Protection System: Those physical structural
works constructed speciti ally 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.
Flood ProofinAny combination of structural and
non-structural ad it ions , 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.
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.
Floodwa Fringe : That area of the flood plain ,
outsi e ot the tloodway, 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. )
Floor Area: Is the area included within the
surrounding exterior 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.
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.
Foster Child Care : Care and education of not more
than five c i ren unrelated to the residents by
blood or adoption.
Front Lot Line : The narrowest dimension of the lot
lines abutting a street.
Garage, Private : An enclosed structure intended for
and used mor the parking of the private motor vehicles of
the families resident upon the premises.
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
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
BOOK Z54 PAGE 764
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".
Halfwa House : An establishment for adolescents or
adults w o 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.
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.
Home Occu ation: A home occupation is an accessory
use ot 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.
GOOK ?54 PAGE 765
Hotel : A building containing twenty (20) or more
individual 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.
Junk Yard : Any area where waste, discarded or
salvagedmmaterials 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.
Junk Vehicle, Salvage Vehicle : A motor vehicle or
other vehicle, 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.
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.
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.
Lot : For the purposes of this ordinance, a lot is a
parce�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
:Q�J 254 PACE '766
Lot , Corner: A lot abutting upon two (2) or more
streets at their intersection.
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.
Lot, Double Frontage : A lot having a frontage on
two ( non-intersecting streets, as distinguished from a
corner lot.
Lot, Interior: A lot other than a corner lot.
Lot, Lines : The property lines bounding lot.
Lot of Record: A lot which is a part of a
subdivision recor ed 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.
Lot Width: The width of a lot measured at the
building line and at right angles to its depth.
Lot , Reversed Frontage : A corner lot, the side
street line o w is is substantially a continuation of
the front line of the first platted lot to its rear.
Mobile Home : Any vehicles which at any time were
used or maintained for use as a conveyance upon highways
or public streets, or waterways ; so designed and so
constructed as to permit occupancy thereof as a dwelling
unit or sleeping place for one or more persons whether
attached or unattached to a permanent foundation.
Nothing in this ordinance shall be construed as
permitting for occupancy of a mobile home in other than
an approved mobile home park, except 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
business shall be carried on in a mobile home or trailer
constructed as a mobile home.
Mobile Home Park or Trailer Park: Any lot or
portion of-a- lot upon which two ) 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.
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.
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.
sov 254 PAGE '767
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. )
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.
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.
One Hundred (100) Year F1ood :The base flood having a
one ( percent chance of natur-aT occurrence.
Overlay District: A district which acts in
conjunct on with the underlying zoning district or
districts.
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.
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.
Planned Unit Development : A tract of land planned
and deveFo-ped 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.
Porch, Unenclosed : A roofed projection which has no
more than fifty (50) percent of each outside wall area
enclosed by a building or siding material other than
meshed screens.
E,ov ?' 54 PAGE 768
Rear Lot Line : Ordinarily that line of a lot which
is opposite and thest from the front lot line. In
triangular or other odd-shaped lots the rear lot lines
shall be defined by the Zoning Commission.
Regulatory Flood : A flood which is representative
of large tloods 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.
Regulatory Flood Protection Elevation: The
elevation to which uses regulatedy� this—ordinance are
required to be elevated or floodproofed.
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.
(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.
Rooming House: A building where a room or rooms are
provi a or compensation to three (3) or more persons.
Rubble Fill Site: A premise used for disposal of
"clean type of fill material 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.
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.
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.
Stable, Riding Club : A building or structure used
or intend-ed to be used for the housing only of horses by
a group of persons for non-commercial purposes.
BooP 254 PACE 76'9
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.
Setback Line : A building line which determines the
location of a ui ding or structure with respect to any
street lot line.
Side Lot Lines : Any lot lines which meet the end of
a front lot line.
Sign, Exterior: A sign which directs attention to a
business, pro ems, 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.
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.
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.
Sign, Off-Site : A sign other than an on-site sign.
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.
Special Permit : A use allowed in any district
after a public Tearing by the City Council and
recommendation of the Plan and Program Commission that
meets the necessary conditions and safeguards for its
operation.
Stour 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.
Story, Half: A space under a sloping roof which has
the line o i�section of roof decking and wall face
not more than four (4) feet above the top floor level.
Street Line : The right-of-way line of a street.
Street, Private : Any private way, which has not
been dedicated to t e 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.
eov, 254 PAGE 770
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 Co,,ncil after recommendation by the City Plan
and Program Commission and City Engineer.
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.
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.
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.
Summer Cottage : A single family dwelling for
seasonalor temporary occupancy only,and not permanently
occupied as a family residence during any entire year.
Tourist Home: A residential building in which rooms
are available or rental purposes as overnight sleeping
accommodations, primarily for transients.
Trailer: See "Mobile Home" .
Trailer Park: See "Mobile Home Park" .
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.
Use, Principal : The main or primary purpose for
which a building, structure or lot is designed,
arrranged, or intended, or for which they may be used ,
occupied, or maintained under this ordinance.
Variance : A device which grants a property owner
relie r— om 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.
BOOK Z54 PAcg 771
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.
Yard , Front : A yard extending across the full width
of the lot and measured between the front lot line and
the building or any projection thereof, other than the
projection of the usual steps or unenclosed porches.
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.
Yard , Side : A yard extending from the front yard to
the rear yard and measured between the side lot lines and
nearest structure.
Zero Lot Line : A development approach in which a
building is site on one or more lot lines with no yard .
BY ENACTING SUBSECTION C, MINOR SITE PLAN AMENDMENTS, PART
XVI , "M-2" HEAVY INDUSTRIAL DISTRICT, "M-2, P" PLANNED INDUSTRIAL
DISTRICT; SECTION 2A-39 , REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA:
That Subsection C, Minor Site Plan Amendments , Part XVI, "M-2"
Heavy Industrial District , "M-2 , P" Planned Industrial District; Section
2A-39, Regulations ; is hereby enacted as follows :
PART XVI
"M-2" HEAVY INDUSTRIAL DISTRICT
"M-2, P" PLANNED INDUSTRIAL DISTRICT
2A-39. Regulations
(C) Minor Site Plan Amendments. A site plan shall be prepared in
accordance with Part B of this Section for any structure which is
to be located within an area which is currently zoned "M-2, P" .
However, for any structure which is existing at the time this
ordinance was amended, one addition which does not increase the
existing floor area by more than fifty (50) percent, but not
exceeding two thousand (2, 000) square feet, shall be approved
through the administrative review of the Plan and Program
Commission Staff and approval by the City Council without the
benefit of a mandatory Public Hearing being required. If the
City Council determines that the magnitude of such a change is
significant in nature, a Public Hearing may be required.
Furthermore, the location and construction of any additional
signs, or the replacement of existing signs, shall be carried out
through the administrative review and approval by the Plan and
Program Commission Stafff. If the staff feels that such change
is significant in nature, it may submit the proposal to the City
Council for its review and approval.
BOOK 254 PAGE 772
BY REPEALING,
PART XIX, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND
FILLING STATIONS, SECTION 2A-45, OFF-STREET PARKING AREA REQUIRED,
SUBSECTION B-13, GENERAL REQUIREMENTS; SIZE;
AND,
PART XIX, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND
FILLING STATIONS, SECTION 2A-45, OFF-STREET PARKING AREA REQUIRED,
SUBSECTION D, PARKING SPACE REQUIRED;
AND ENACTING IN LIEU THEREOF:
PART XIX, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LM AND
FILLING STATIONS, SECTION 2A-45, OFF-STREET PARKING AREA REQUIRED,
SUBSECTION D, PARKING SPACE REQUIRED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, BLACK HAWK
COUNTY, IOWA:
That Part XIX, Parking and Loading Areas, Public Garages, Parking Lots
and Filling Stations, Section 2A-45, Off-Street Parking Area Required,
Subsection B-13, General Requirements, of the Zoning Ordinance is hereby
repealed in its entirety; and,
That Part XIX, Parking and Loading Areas, Public Garages, Parking Lots
and Filling Stations, Section 2A-45, Off-Street Parking Area Required,
Subsection D, Parking Space Required, of the Zoning Ordinance is hereby
repealed in its entirety; and,
That Part XIX, Parking and Loading Areas, Public Garages, Parking Lots
and Filling Stations, Section 2A-45, Off-Street Parking Area Required,
Subsection D, Parking Space Required, of the Zoning Ordinance is hereby
enacted in lieu thereof as follows:
D. Parking Space Required
1 . Auction Establishments. One (1) parking space for
eadi one hundred 00 square feet of gross floor
area.
2. Animal Hospital, Veterinary Clinic or Kennel.
One parking space for each two hundred
fifty (250) square space of gross floor area.
3. Automobile, mobile homes, motorcycle and
other vehicle sa es and service garages.
One parking space for each ive hundred
(500) square feet of floor area.
4. Banks, Businesses and Professional Offices
Except Doctors' Offices.
a. For Offices Under 50,000 Square Feet.
One (1) parking space or each two
hundred (200) square feet of floor area.
b. For Offices Over 50,000 Square Feet of
Gross oor Area
One parsing space for every four
hundred (400) square feet of gross floor
area or one (1) parking space for every
two (2) employees on the maximum work
shift; whichever is greater.
5. Barber and Beauty Shops. Two (2) spaces for
ea operator.
BQQK 254 PAGE 173
6. Bawling Alleys. Five (5) spaces for each
alley and one parking space for each four (4)
spectator seats.
7. Churches. One (1) parking space for each
Tour ( seats of maximum seating capacity.
8. Dance Halls and Assembly Halls . One (1)
parking space for each one hundred (100)
square feet of floor area or one (1) parking
space for each three (3) persons or maximum
occupancy as allowed by the uniform building
code, whichever is greater.
9. Medical Doctor's Offices: One (1) parking
space for each one hundred fifty (150) square
feet of floor area.
10. Dwelling, Residential.
a. Residential Dwellings. Two (2)
parting spaces for each dwelling unit, a
maximum of fifty (50) percent of the
parking spaces required may be
represented by garage spaces.
b. Multi-famil Elderly Housing Projects.
One parking space for every two 2) units
plus five (5) visitor parking stalls for
every forty (40) units or part thereof.
c. Dormitories. One (1) parking space for
each our 4) students that can live in
the dormitory.
d. Halfway Hanes. One (1) space
or every two beds.
11. Funeral Homes and Mortuaries. Fifteen (15)
parking spaces or one parking space
for each four (4) seats in the principal
auditorium, whichever is greater.
12. Furniture and Appliance Store. One (1)
parking space for each five hundred (500)
square feet of floor area.
13. Health/Sport Clubs. One (1 ) space for every one
hundred 00 square feet plus two (2) spaces per
court.
14. Hospital, Sanitariums and Rest Homes. One
parking space for each our 4 patient
beds and one (1) parking space for each two
(2) employees on the maximum working shift.
15. Hotels and Motels: One (1) parking space
or each roan o eyed for tourist
accommodations and one (1) parking space for
each two (2) employees on the maximum
shift.
16. Industrial and Manufacturing Plants. One
parking space tor each two employees
on the maximum working shift.
17. Launderette or Laundries. One (1) space for
every two hundred (20OTsquare feet of gross
floor area.
BOOK 254 PACE t14
18. Pool and Billiard Halls, Taverns and Ni ht
Clubs or similar places dispensing food,
drink or re res ents. One 1 parking
space for each i ty 50) square feet of
floor area devoted to patron use within the
establishment, or one (1) parking space for
every three (3) persons of maximum occupancy
as allowed by the uniform building code,
whichever is greater.
19. Restaurants.
a) 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. One (1) parking
space for each one hundred (100) square
feet.
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.
1) With a drive-up window -- one (1)
parking space for every one and
seventy-five hundredths (1 .75) seats
with a minimum of at least ten (10)
spaces.
2) Without a drive-up window -- one (1)
parking space for every one and
one-half (1 .5) seats with a minimum
of at least ten (10) spaces.
20. Retail Stores, Supermarkets, Drug and
Sundries Stores, Department Stores, etc.
a) For stores over two thousand (2,000)
square feet, five (5) parking spaces for
each and every one thousand (1,000)
square feet of floor area.
b) For shops under two thousand (2,000)
square feet, one (1) parking space for
each two hundred fifty (250) square feet
of floor area and one (1) space for each
two (2) persons regularly employed an
the premises; provided, however, there
shall not be less than five (5) parking
spaces.
21. Schools and other places of Educational
Instruction.
a) Elements , junior hi&h and other places
ot under-d: . e
parking space for each person regularly
employed on the premises. In addition,
one (1) parking space for each
classroom.
BOOK, ?54 PACE 775 5
b) High Schools. One (1) parking space
or ea every person regularly
employed on the premises. In addition
one (1) parking space for each six (6)
students at maximum occupancy.
c) Colleges, trade schools and other places
o young adult earning. One
parking space tor every person regularly
employed on the premises. In addition,
one (1) parking space for each two (2)
students at maximum occupancy.
d) Parking spaces required by a, b, and c
above shall be included as part of the
requirements for sports arenas,
auditoriums, etc.
22. Sports Arenas, Theaters, Auditoriums and
other similar places of public
assembly. One parking space for
eaUr (4) persons of maximum
standing and seating capacity.
23. Warehouses. One (1) space for each two
persons regularly employed on the
premises.
24. Wholesale Establishments. One (1) space
or each two persons regularly
employed on the premises and one (1)
space for each two thousand (2,000)
square feet of floor area.
25. Public Facilities not specifically
mention a number ot parking spaces
shall determined by the City Council
after recommendation of the Plan and
Program Commission.
BOOK 64 PAu 776'
BY REPEALING:
PART XXII, EXCEPTIONS AND NDDIFICATIONS, SECTION 2A-48, EXCEPTIONS AND
MODIFICATIONS, SUBSECTION H, SPECIAL PERMIT REQUIRED;
AND ENACTING IN LIEU THEREOF:
PART XXII, EXCEPTIONS AND MODIFICATIONS, SECTION 2A-48, EXCEPTIONS AND
MODIFICATIONS, SUBSECTION H, SPECIAL PERMIT REQUIRED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA:
That Part XXII, Exceptions and Moficiations, Section 2A-48, Exceptions
and Modifications, Subsection H, Special Permit Required, of the Zoning
Ordinance is hereby repealed in its entirety; and that the new Part XXII,
Exceptions and Modifications, Section 2A-48, Exceptions and
Modifications, Subsection H, Special Permit Required, of the Zoning
Ordinance is hereby enacted in lieu thereof as follows:
H. Special Permit Required. A special permit for the
location ot any ot the old ng buildings or uses in any
district permitted by this ordinance must be obtained from the
City Council after public hearing thereon:
1 . Any public building erected and used by any department of
the city, township, county, state or federal government.
2. Public and parochial schools.
3. Hospitals, non-profit fraternal institutions provided
they are used "solely for fraternal purposes, and
institutions of an educational, religious, philanthropic
or eleemosynary character, provided that the building
shall be set back from all yard lines a distance of not
less than two (2) feet for each foot of building height.
4. Community building or recreation field.
5. Public cemetery. (Minimum thirty (30) acres)
6. Junk, iron or rags, storage or baling, where the premises
upon which such activities are conducted are wholly
enclosed within a building, wall or fence, not less than
eight (8) feet in height, completely obscuring the
activity, including automobile, tractor or machinery
wrecking or used parts yards.
All junk and auto salvage yards as described above shall
only be allowed in the following zoning classifications:
"M-1" Light Industrial District, "M-2" Heavy Industrial
District, "M-2,P" Planned Industrial District,and "U-1"
Unclassified District. (Ordinance No. 3233 - 8/2/82)
7. Waste Disposal Site. Any such request shall include the
submittal of a site plan. The Plan and Program Commission
may require any specific criteria to protect the health,
safety and welfare of the citizens of Waterloo and
vicinity, including, but not limited to the following
items:
Detailed site plan delineating slope, access, fencing,
provisions for erosion (wind and water), leaching,
landscaping, setbacks and other required provisions.
Performance Bond to secure the rehabilitation of the site
in accordance with the approved plan.
Statement as to what types of wastes will be contained in
the site.
Review by the Iowa Department of Water, Air and Waste
Management, advising the City of the potential hazards and
necessary safeguards.
BOOK 254 PAZE 777
Page Two
8. Mobile Home Parks
Before issuance of any special permit for any of the above
buildings or uses, the City Council shall refer the proposed
application to the City Planning, Programming and Zoning Commission,
which shall be given forty-five (45) days in which to make a report
regarding the effect of such proposed building or use upon the character
of the neighborhood, traffic conditions, public utility facilities and
other matters pertaining to the general welfare. No action shall be
taken upon any appliction for a proposed building or use above referred
to until and unless the report of the Planning, Programming and Zoning
Commission has been filed; provided, however that if no report is
received from the Planning, Programming and Zoning Commission within
forty-five (45) days, it shall be assumed that approval of the
application has been given by the said Commission.
Minor changes that do not substantially alter the character of any
special permit may be administratively reviewed and approved by the
Planning, Programing and Zoning Commission staff and approved by the
City Council without the benefit of a mandatory public hearing being
required. If the City Council determines that the magnitude of such a
change is significant in nature, a public hearing my be required.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, BLACK
HAWK OOUNTY, IOWA, THIS 6 rAY OF FEBRUARY, 1984; AND APPROVED BY THE
MAYOR ON THIS 8 DAY OF FEBRUARY, 1984.
Frank D. Dowie III, Mayor Pro-Tem
ATTEST:
rry er, Ci erk/Auditor
Certificate
., City Clerk of t City of Waterloo, Iowa, do hereby certify
tti attache ereto is a true and complete copy of ... ........ .......... .................................. No. ...J�.... as
passed and adopted 'by the Council of the City of Waterloo, Iowa, on the ........�..7..... day of. .........,
19......�...
Witness My Hand and Seal of Office this ......./I....... day of .............. ..........................., 19....
SEAL ✓. ,
.. . .... .........................
Cit er
BOOK 64 PnE
INDEX-f l>
tompARE W
PAG`DI' 10050
BLACK HAWK COUNTY;IOWA-SS
Filed for recora -l) 19la
at 1 a 45 M, and recorded in
Reca"�'s
6 D. 00_A.
bov 254 PAGE 179