HomeMy WebLinkAbout5126-8 /20/2012Prepared by Carol Failor, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703.
ORDINANCE NO. 5126
AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS
AMENDED, THE CITY OF WATERLOO ZONING
ORDINANCE ADOPTED OCTOBER 17, 2011, BY:
REPEALING THE DEFINITION OF "ALCOHOL SALES
USES" IN SECTION 10-3-1, DEFINITIONS, OF
CHAPTER 3, DEFINITIONS; AND ENACTING IN LIEU
THEREOF A NEW DEFINITION OF "ALCOHOL SALES
USES" IN SECTION 10-3-1, DEFINITIONS, OF
CHAPTER 3, DEFINITIONS, AND
INSERTING A NEW DEFINITION OF "FLOOR SPACE"
IN SECTION 10-3-1, DEFINITIONS, OF CHAPTER
3, DEFINITIONS, AND
INSERTING A NEW DEFINITION OF "PHARMACY" IN
SECTION 10-3-1, DEFINITIONS, OF CHAPTER 3,
DEFINITIONS, AND
REPEALING THE FIRST UNNUMBERED PARAGRAPH OF
SUBSECTION B, NON -CONFORMING USES OF LAND,
NON -CONFORMING STRUCTURES, NON -CONFORMING
USES OF STRUCTURES AND PREMISES, AND NON-
CONFORMING LOTS, OF SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GENERAL
REGULATIONS; AND ENACTING IN LIEU THEREOF A
NEW FIRST UNNUMBERED PARAGRAPH 1 OF
SUBSECTION B, NON -CONFORMING USES OF LAND,
NON -CONFORMING STRUCTURES, NON -CONFORMING
USES OF STRUCTURES AND PREMISES, AND NON-
CONFORMING LOTS, OF SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GENERAL
REGULATIONS, AND
REPEALING SUBSECTION F OF SUBSECTION 5, NON-
CONFORMING USES OF STRUCTURES OR OF
STRUCTURES AND PREMISES IN COMBINATION, OF
SUBSECTION B, NON -CONFORMING USES OF LAND,
NON -CONFORMING STRUCTURES, NON -CONFORMING
USES OF STRUCTURES AND PREMISES, AND NON-
CONFORMING LOTS, OF SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GENERAL
REGULATIONS; AND ENACTING IN LIEU THEREOF A
NEW SUBSECTION F OF SUBSECTION 5, NON-
CONFORMING USES OF STRUCTURES OR OF
STRUCTURES AND PREMISES IN COMBINATION, OF
SUBSECTION B, NON -CONFORMING USES OF LAND,
NON -CONFORMING STRUCTURES, NON -CONFORMING
USES OF STRUCTURES AND PREMISES, AND NON-
CONFORMING LOTS, OF SECTION 10-5-1, GENERAL
r
Ordinance No. 5126
Page 2
REGULATIONS, OF CHAPTER 5, GENERAL
REGULATIONS, AND
AMENDING IN PART SUBSECTION 3 OF SUBSECTION
A, PRINCIPAL PERMITTED USES, OF SECTION 10-
14-1, REGULATIONS, OF CHAPTER 14, "C-1"
NEIGHBORHOOD COMMERCIAL DISTRICT; AND
ENACTING IN LIEU THEREOF AN AMENDED
SUBSECTION 3 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-14-1,
REGULATIONS, OF CHAPTER 14, N%C-1"
NEIGHBORHOOD COMMERCIAL DISTRICT, AND
REPEALING SUBSECTION 4 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-14-
1, REGULATIONS, OF CHAPTER 14, "C-1"
NEIGHBORHOOD COMMERCIAL DISTRICT; AND
ENACTING IN LIEU THEREOF A NEW SUBSECTION 4
OF SUBSECTION A, PRINCIPAL PERMITTED USES,
OF SECTION 10-14-1, REGULATIONS, OF CHAPTER
14, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT,
AND
REPEALING SUBSECTION 1 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-15-
1, REGULATIONS, OF CHAPTER 15, N\C-2"
COMMERCIAL DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 1 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-15-
1, REGULATIONS, OF CHAPTER 15, "C-2"
COMMERCIAL DISTRICT, AND
REPEALING SUBSECTION 3 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-15-
1, REGULATIONS, OF CHAPTER 15, "C-2"
COMMERCIAL DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 3 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-15-
1, REGULATIONS, OF CHAPTER 15, `\C-2"
COMMERCIAL DISTRICT, AND
REPEALING SUBSECTION 26 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-15-
1, REGULATIONS, OF CHAPTER 15, NAC -2"
COMMERCIAL DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 26 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-15-
1, REGULATIONS, OF CHAPTER 15, N\C-2"
COMMERCIAL DISTRICT, AND
REPEALING SUBSECTION 2 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-18-
1, REGULATIONS, OF CHAPTER 18, "C-3" CENTRAL
BUSINESS DISTRICT; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 2 OF SUBSECTION A,
PRINCIPAL PERMITTED USES, OF SECTION 10-18-
Ordinance No. 5126
Page 3
1, REGULATIONS, OF CHAPTER 18, "C-3" CENTRAL
BUSINESS DISTRICT, AND
ADDING CHAPTER 24A, ALCOHOL SALES USE
OVERLAY DISTRICTS, AND ADDING SECTION 10-
24A-1, GENERAL REGULATIONS, AND
REPEALING SUBSECTION 11 OF SUBSECTION B,
GENERAL REQUIREMENTS, OF SECTION 10-25-2,
OFF-STREET PARKING AREA REQUIRED, OF CHAPTER
25, VEHICULAR USE, PARKING AND LOADING
AREAS, PUBLIC GARAGES, PARKING LOTS AND
FILLING STATIONS; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION 11 OF SUBSECTION B,
GENERAL REQUIREMENTS, OF SECTION 10-25-2,
OFF-STREET PARKING AREA REQUIRED, OF CHAPTER
25, VEHICULAR USE, PARKING AND LOADING
AREAS, PUBLIC GARAGES, PARKING LOTS AND
FILLING STATIONS, AND
ADDING SUBSECTION C OF SUBSECTION 2,
PROHIBITED SIGNS, OF SUBSECTION C,
REGULATIONS OF ALL SIGNS, OF SECTION 10-26-
1, OUTDOOR ADVERTISING SIGNS AND BILLBOARDS,
OF CHAPTER 26, OUTDOOR ADVERTISING SIGNS AND
BILLBOARDS, AND
REPEALING SUBSECTION 15 OF SUBSECTION H,
SPECIAL PERMIT REQUIRED, OF SECTION 10-27-1,
SPECIAL PROVISIONS, EXCEPTIONS AND
MODIFICATIONS, OF CHAPTER 27, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS;
AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION 15 OF SUBSECTION H, SPECIAL
PERMIT REQUIRED, OF SECTION 10-27-1, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF
CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS
AND MODIFICATIONS, AND
REPEALING SUBSECTION Q, ALCOHOL SALES USE
REGULATIONS, OF SECTION 10-27-1, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF
CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS
AND MODIFICATIONS; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION Q, ALCOHOL SALES
USES, OF SECTION 10-27-1, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF
CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS
AND MODIFICATIONS, AND
REPEALING SUBSECTION R, LIMITED ALCOHOL
SALES USES, OF SECTION 10-27-1, SPECIAL
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF
CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS
AND MODIFICATIONS; AND ENACTING IN LIEU
THEREOF A NEW SUBSECTION R, LIMITED ALCOHOL
SALES USES, OF SECTION 10-27-1, SPECIAL
Ordinance No. 5126
Page 4
PROVISIONS, EXCEPTIONS AND MODIFICATIONS, OF
CHAPTER 27, SPECIAL PROVISIONS, EXCEPTIONS
AND MODIFICATIONS.
BE IT ORDAINED by the City Council of the City of Waterloo
that the City of Waterloo Zoning Ordinance No. 5079, as
previously amended, is amended as set out herein, repealing
those sections that are being replaced and setting forth the
amendment or replacement sections, and further amending said
Ordinance by adding amendments as set out herein. Said
Ordinance, as amended hereby, shall apply to all lands lying
within the corporate limits of the City of Waterloo, Black Hawk
County, Iowa. This Ordinance shall be in full force and effect
after its final passage and publication as provided by law.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That the definition of "Alcohol Sales Uses" in Section 10-
3-1, Definitions, of Chapter 3, Definitions, is hereby repealed
in its entirety; and that a new definition of "Alcohol Sales
Uses" in Section 10-3-1, Definitions, of Chapter 3, Definitions,
is hereby enacted in lieu thereof as follows:
Alcohol Sales Uses: The following definitions shall govern
the interpretation of the regulation of alcohol sales uses:
1. Alcohol - Protected Uses: Protected uses include a
building in which a majority of floor space is used for
residential purposes; a day care center where such day
care center is a principal use; a house of worship; a
public library; an elementary, junior high or high school
(public, parochial or private); public park; public
recreation center or public specialized recreation
facility as identified in the parks and recreation
element of the Waterloo Comprehensive Plan; a
civic/convention center; a community residential
facility; a mission. However, this definition shall not
apply if the protected use is a legal non -conforming use.
2. Alcohol Sales: The sale of alcohol and alcoholic
beverages, as each such term is defined in Chapter 123 of
the Iowa Code, including but not limited to (i) liquor,
beer or wine in closed containers intended for off -
premise consumption, and (ii) liquor, cocktails, shots,
wine, beer and any part of an alcoholic beverage intended
for on -premise consumption.
3. Alcohol Sales Use: Any business that derives income from
alcohol sales. Alcohol sales uses shall be classified as
one of the following:
a. Incidental Alcohol Sales Use, which shall include (i)
a club or hotel or motel as such terms are defined in
Section 3-2-2 of the Code of Ordinances, (ii) an open-
air event of not more than five days' duration that is
open to the general public, (iii) golf courses and
publicly owned sports complexes or facilities, (iv)
non-profit educational institutions or museums hosting
special events in support of the organization, or (v)
other similar incidental alcohol sales uses as
Ordinance No. 5126
Page 5
determined by the City Planner or designee. No
regulations under this Ordinance that are applicable
to alcohol sales uses generally shall apply to an
incidental alcohol sales use.
b. Limited Alcohol Sales Use (off premise consumption),
which shall include an alcohol sales use such as a
convenience store, gas station, grocery store, or
pharmacy, provided that more than sixty (60) percent
of its gross income is derived from, and more than
seventy-five (75) percent of its retail floor space is
devoted to, the sale of merchandise, services for on -
premises enjoyment, food, and beverages other than
alcoholic beverages, in either case not including the
sale of tobacco products, lottery tickets, or pumped
vehicle fuels such as gasoline, diesel and similar
products, and provided further that not more than
twenty-five (25) percent of its gross income as so
determined is derived from the sale of alcoholic
beverages other than beer or wine.
c. Limited Alcohol Sales Use (on -premise consumption),
which shall include (i) a restaurant that is an
alcohol sales use, provided that more than fifty (50)
percent of its gross income shall be derived from the
sale of prepared food and non-alcoholic beverages, and
(ii) an alcohol sales use providing facility and
product or services rental, such as a bowling alley,
in which case more than fifty (50) percent of its
gross income shall be derived from the facility,
product, or service rental and the sale of prepared
food and non-alcoholic beverages. This use
classification shall not include dance halls, night
clubs or similar facilities that provide no or limited
rentals, prepared food or product sales other than
alcoholic beverages. For purposes of this Ordinance,
any alcohol sales use with on -premise consumption that
fails to meet the gross income standards stated above
shall be classified as a bar/tavern/night club and
regulated as a non -limited alcohol sales use (on -
premise consumption).
d. Non -Limited Alcohol Sales Use (off -premise
consumption), which shall include any alcohol sales
use for off -premise consumption that does not meet the
definition of either an incidental alcohol sales use
or a limited alcohol sales use (off -premise
consumption), commonly known as a liquor store or
similar establishment.
e. Non -Limited Alcohol Sales Use (on premise
consumption), which shall include any alcohol sales
use with on -premise consumption that does not meet the
definition of either an incidental alcohol sales use
or a limited alcohol sales use (on -premise
consumption), commonly known as a bar, tavern, night
club, dance hall or similar establishment.
Ordinance No. 5126
Page 6
That the definition of "Floor Space" is hereby added in
Section 10-3-1, Definitions, of Chapter 3, Definitions, as
follows:
Floor Space: As to adult uses and alcohol sales uses for
which this Ordinance imposes a limitation on allowable
floor space dedicated to such uses, the percentage of floor
space so used shall be determined by a fraction, the
numerator of which is the total square footage of interior
retail floor space occupied by free-standing adult
materials or alcohol products and by shelving, counters and
other displays on which such adult materials and alcohol
products are stored, stacked, arranged, displayed or
otherwise advertised for sale or available for rental or
purchase, and the denominator is the total square footage
of interior retail floor space in the establishment. No
area that is not within an enclosed structure shall be
included in determining retail floor space. Retail floor
space includes enclosed display cases. The numerator shall
include one-half of the open floor space between shelving,
counters, cases and other displays, and all floor space
lying beneath and within the outer edges of any shelving,
counter, case or other display, regardless of the actual
floor space that is physically occupied.
That the definition of "Pharmacy" is hereby added in
Section 10-3-1, Definitions, of Chapter 3, Definitions, as
follows:
Pharmacy: A retail establishment in which prescription
drugs and medicines are compounded and/or sold by a
licensed pharmacist.
That the first unnumbered Paragraph of Subsection B, Non -
Conforming Uses of Land, Non -Conforming Structures, Non -
Conforming Uses of Structures and Premises, and Non -Conforming
Lots, of Section 10-5-1, General Regulations, of Chapter 5,
General Regulations, is hereby repealed in its entirety; and
that a new first unnumbered Paragraph of Subsection B, Non -
Conforming Uses of Land, Non -Conforming Structures, Non -
Conforming Uses of Structures and Premises, and Non -Conforming
Lots, of Section 10-5-1, General Regulations, of Chapter 5,
General Regulations, is hereby enacted in lieu thereof as
follows:
Intent. There exist lots, structures, uses of land and
structures, and characteristics of use which constitute a
non -conforming use as defined by this Ordinance, or will
constitute a non -conforming use upon adoption of a future
amendment hereto. It is the intent of this Ordinance to
permit these non -conformities to continue, except as
expressly provided elsewhere in this Ordinance, until they
are removed, but not to encourage their survival. It is
further the intent of this Ordinance that non -conformities
shall not be enlarged upon, expanded or extended, nor be
used as ground for adding other structures or uses
prohibited elsewhere in the same district.
Ordinance No. 5126
Page 7
That Subsection "f" of Subsection 5, Non -Conforming Uses of
Structures or of Structures and Premises in Combination, of
Subsection B, Non -Conforming Uses of Land, Non -Conforming
Structures, Non -Conforming Uses of Structures and Premises, and
Non -Conforming Lots, of Section 10-5-1, General Regulations, of
Chapter 5, General Regulations, is hereby repealed in its
entirety; and that a new Subsection "f" of Subsection 5, Non -
Conforming Uses of Structures or of Structures and Premises in
Combination, of Subsection B, Non -Conforming Uses of Land, Non -
Conforming Structures, Non -Conforming Uses of Structures and
Premises, and Non -Conforming Lots, of Section 10-5-1, General
Regulations, of Chapter 5, General Regulations, is hereby
enacted in lieu thereof as follows:
f. As to alcohol sales uses only, when the use of a
structure or structure and premises in combination is
non -conforming because it is an alcohol sales use, either
solely for that reason or in combination with other
reasons, and when the alcohol sales use is discontinued
or abandoned for three (3) consecutive months (except
when government action impedes access to the premises),
the structure or structure and premises in combination
shall not thereafter be used as an alcohol sales use
except in conformity with the regulations of the district
in which it is located. This paragraph shall apply
equally to (i) the cessation of a business that is an
alcohol sales use, (ii) a business that holds a license
or permit to operate as an alcohol sales use but fails to
continuously and actively operate as such, and (iii) a
business that continues operating as a non -alcohol sales
use after its license or permit to sell or dispense
alcoholic beverages, for any cause, lapses, is suspended
or revoked, or otherwise fails to be or remain in effect.
That Subsection 3 of Subsection A, Principal Permitted
Uses, of Section 10-14-1, Regulations, of Chapter 14, "C-1"
Neighborhood Commercial District, is amended in part as follows:
Insert "Coffee House" to the list after "Clothes Cleaning
and Laundry Pickup Stations".
Insert "and Sub Shop" after "Delicatessen" so that the line
reads "Delicatessen and Sub Shop".
Insert "Store" after "Grocery" so that the line reads
"Grocery Store".
That Subsection 4 of Subsection A, Principal Permitted
Uses, of Section 10-14-1, Regulations, of Chapter 14, "C-1"
Neighborhood Commercial District, is hereby repealed in its
entirety; and that a new Subsection 4 of Subsection A, Principal
Permitted Uses, of Section 10-14-1, Regulations, of Chapter 14,
"C-1" Neighborhood Commercial District, is hereby enacted in
lieu thereof as follows:
Ordinance No. 5126
Page 8
4. Any retail business or service establishment listed above
that is also a limited alcohol sales use as defined
herein, further subject to the following requirements:
a. No alcohol sales use shall sell or dispense alcoholic
beverages via a drive-through or walk-up window or any
similar drive -up or drive-in system. Notwithstanding
anything in Section 10-5-1(B) to the contrary, any
alcohol sales use that made use of such a window or
system before adoption of Ordinance 4976 on 11/23/2009
shall cease and desist from use of such a window or
system, and shall comply with the requirements of this
paragraph, no later than December 31, 2012.
b. For the establishment of new alcohol sales use
locations, fencing or other approved screening shall
be constructed along the property line with any
abutting protected use, unless determined by the City
Planner or designee to be infeasible. (Ordinance
4976, 11/23/091
c. Except as set forth below, no establishment that is a
limited alcohol sales use (off -premise consumption)
shall exhibit on the exterior of the premises any
image or verbiage that makes use of the words
"alcohol," "beer," "wine," "liquor," or any variant or
synonym of any such word, or any type of such
beverage, or that indicates or suggests that such
beverages may be purchased in or upon the premises,
except that banner, portable and temporary signs shall
be allowed if conforming to the requirements of
Section 10-26-1(C) and if not in violation of Iowa
Code § 123.51. Notwithstanding anything in Section
10-5-1(B) to the contrary, any existing business that
does not conform to the foregoing requirements shall
conform no later than March 31, 2013. Standards for
banner, portable, and temporary signs shall be
effective immediately. The limitations of this
paragraph shall not apply to a grocery store in which
the retail floor space in the building equals or
exceeds 10,000 square feet, or to a pharmacy.
That Subsection 1 of Subsection A, Principal Permitted
Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2"
Commercial District, is hereby repealed in its entirety; and
that a new Subsection 1 of Subsection A, Principal Permitted
Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2"
Commercial District, is hereby enacted in lieu thereof as
follows:
1. Any use permitted in the "C-1" Commercial District,
except that limited alcohol sales uses shall conform to
the terms set forth for such uses in the "C-1" District.
That Subsection 3 of Subsection A, Principal Permitted
Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2"
Commercial District, is hereby repealed in its entirety; and
that a new Subsection 3 of Subsection A, Principal Permitted
Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2"
Ordinance No. 5126
Page 9
Commercial District, is hereby enacted in lieu thereof as
follows:
3. Non -Limited Alcohol Sales Uses, upon approval of a
Special Permit by the Board of Adjustment after
recommendation of the Commission, except that a Special
Permit shall not be required if such use is located along
a principal arterial or interstate according to the Urban
Federal Functional Classification System prepared by
IDOT, provided that such uses meet the following
requirements:
a. Non -limited alcohol sales uses shall conform to the
requirements of Section 10-14-1 (A) (4) (a) - (b) .
b. No non -limited alcohol sales use (off -premise
consumption) that holds a Class E liquor control
license or for which an application for such a license
has been submitted but not yet granted shall be
located within 600 feet from a protected use, and no
other non -limited alcohol sales use shall be located
within 250 feet from a protected use, as measured in a
straight line from the closest point of the property
line in which an alcohol sales use is located to the
closest point of the property line of any protected
use.
[Ordinance 4976, 11/23/09]
c. No non -limited alcohol sales use (off -premise
consumption) for which a Class E liquor control
license has been issued or for which an application
for such a license has been submitted, but not yet
granted shall be located within 600 feet of another
alcohol sales use holding the same class of license,
as measured in a straight line from the closest points
of the property lines in which the alcohol sales uses
are located.
d. No non -limited alcohol sales use shall be located
within 250 feet of another non -limited alcohol sales
use, as measured in a straight line from the closest
points of the property lines in which the alcohol
sales uses are located.
That Subsection 26 of Subsection A, Principal Permitted
Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2"
Commercial District, is hereby repealed in its entirety; and
that a new Subsection 26 of Subsection A, Principal Permitted
Uses, of Section 10-15-1, Regulations, of Chapter 15, "C-2"
Commercial District, is hereby enacted in lieu thereof as
follows:
26. Restaurant:
drive-in eating
use that meets
shall meet the
use (on -premise
Fast Food Type
establishments,
the definition
requirements for
consumption).
and Standard Type, and
provided that any such
of an Alcohol Sales Use
a limited alcohol sales
That Subsection 2 of Subsection A, Principal Permitted
Uses, of Section 10-18-1, Regulations, of Chapter 18, "C-3"
Central Business District, is hereby repealed in its entirety;
Ordinance No. 5126
Page 10
and that a new Subsection 2 of Subsection A, Principal Permitted
Uses, of Section 10-18-1, Regulations, of Chapter 18, "C-3"
Central Business District, is hereby enacted in lieu thereof as
follows:
2. Alcohol Sales Uses, provided that no alcohol sales use
shall sell or dispense alcoholic beverages via a drive-
through or walk-up window or any similar drive -up or
drive-in system. Notwithstanding anything in Section 10-
5-1(B) to the contrary, any limited alcohol sales use
that made use of such a window or system before adoption
of Ordinance 4976 on 11/23/2009 shall cease and desist
from use of such a window or system, and shall comply
with the requirements of this paragraph, no later than
December 31, 2012. [Ordinance 4976, 11/23/09]
That Chapter 24A, Alcohol Sales Use Overlay Districts, and
Section 10-24A-1, General Regulations, is hereby added as
follows:
CHAPTER 24A
ALCOHOL SALES USE OVERLAY DISTRICTS
10-24A-1 GENERAL REGULATIONS.
A. Boundaries.
The Alcohol Sales Use Overlay Districts are four
districts, the boundaries of which are shown on the
official zoning map and legally described in Attachment "A"
to this Section. Such districts are referred to as the
Broadway Avenue district, Logan Avenue district, E. 4th
Street district, and Church Row Neighborhood district.
B. Purpose and Intent.
The purpose and intent of this Chapter is to establish
Alcohol Sales Use Overlay Districts to avoid undue
concentration of certain alcohol uses in designated areas
already populated by significant numbers of alcohol sales
uses, to mitigate the secondary effects of certain alcohol
sales uses, to preserve and protect neighborhoods from
deterioration and loss of property value due to
incompatible uses, and otherwise to promote the general
purposes of the zoning ordinance.
The provisions of this Chapter shall apply in addition to
any other zoning district regulations and requirements in
which the land may be classified. In the case of conflict,
the most restrictive provisions shall govern, except as
otherwise expressly provided in this Chapter.
C. Administrative Regulations.
The provisions of this Chapter shall constitute the
requirements for all zones that lie within the boundaries
of any of the Alcohol Sales Use Overlay Districts.
D. Use Restrictions.
No new alcohol sales uses shall be established in an
Alcohol Sales Use Overlay District, other than (1)
incidental alcohol sales uses, (2) a limited alcohol sales
use (on -premise consumption) that is a restaurant, or (3) a
limited alcohol sales use (off -premises consumption) that
is (a) a grocery store in which the retail floor space in
Ordinance No. 5126
Page 11
the building equals or exceeds 10,000 square feet or (b) a
pharmacy. Expansion of alcohol sales uses other than those
specifically identified above in this paragraph shall be
allowed only through approval by the Board of Adjustment
process to expand a legal non -conforming use.
ATTACHMENT "A"
Broadway Avenue Overlav District
Beginning at the intersection of the centerlines of W.
Parker Street and Fairview Avenue; thence South along the
centerline of Fairview Avenue and an extension of the
centerline of Fairview Avenue to its intersection with the
Northeasterly line of the Cedar River; thence Southeasterly
along the Northeasterly line of the Cedar River to its
intersection with the centerline of E. Third Street; thence
Northeasterly along the centerline of E. Third Street to
its intersection with the centerline of Franklin Street;
thence Northwesterly along the centerline of Franklin
Street to its intersection with the centerline of Oak
Avenue; thence North along the centerline of Oak Avenue to
its intersection with the centerline of Utica Street;
thence Northeasterly along the centerline of Utica Street
to its intersection with the centerline of Lincoln Street;
thence Northwesterly and Northerly along the centerline of
Lincoln Street to its intersection with the centerline of
Bratnober Street; thence West along the centerline of
Bratnober Street to its intersection with the centerline of
Columbia Street; thence North along the centerline of
Columbia Street to its intersection with the centerline of
the Canadian and National Railroad; thence Northwesterly
along the centerline of the Canadian and National Railroad
to its intersection with the centerline of Ackermant
Street; thence North along the centerline of Ackermant
Street to its intersection with the centerline of W. Parker
Street; thence West along the centerline of W. Parker
Street to its intersection with the centerline of Fairview
Avenue and the point of beginning.
Loqan Avenue Overlay District
Beginning at the intersection of the centerlines of
Franklin Street and E. Mullan Avenue; thence Northwesterly
along the centerline of Franklin Street to its intersection
with the centerline of Oak Avenue; thence North along the
centerline of Oak Avenue to its intersection with the
centerline of Utica Street; thence Northeasterly along the
centerline of Utica Street to its intersection with the
centerline of the former Illinois Central Railroad Beltline
(abandoned); thence Northerly along the centerline of the
former Illinois Central Railroad Beltline (abandoned) to
its intersection with the centerline of the Canadian and
National Railroad (formerly Illinois Central Railroad);
thence Southeasterly along the centerline of the Canadian
and National Railroad to its intersection with the
centerline of E. Mullan Avenue (also known as U.S. Highway
63); thence Southerly and Southwesterly along the
Ordinance No. 5126
Page 12
centerline of E. Mullan Avenue to its intersection with the
centerline of Franklin Street and the point of beginning.
E. 4th Street Overlay District
Beginning at the intersection of the centerlines of
Franklin Street and E. Second Street; thence Northeasterly
along the centerline of E. Second Street to its
intersection with the centerline of Walnut Street; thence
Northwesterly along the centerline of Walnut Street to its
intersection with the centerline of Pine Street; thence
East along the centerline of Pine Street to its
intersection with the centerline of Iowa Street; thence
North along the centerline of Iowa Street to its
intersection with the centerline of Dane Street; thence
West along the centerline of Dane Street to its
intersection with the Centerline of E. Mullan Avenue (also
known as U.S. Highway 63); thence North along the
centerline of E. Mullan Avenue to its intersection with the
centerline of the Webster Street right-of-way; thence East
along the centerline of the Webster Street right-of-way and
the centerline of Webster Street to its intersection with
the centerline of Ankeny Street; thence North along the
centerline of Ankeny Street to its intersection with the
centerline of Ricker Street; thence East along the
centerline of Ricker Street to its intersection with the
centerline of Linn Street; thence South along the
centerline of Linn Street to its intersection with a line
drawn between the Southeasterly corner of Lot 4, Block 7,
Hammond and Hopkins Addition and the Southwesterly corner
of Lot 7, Block 6, Hammond and Hopkins Addition; thence
Westerly in a straight line to the intersection of the
centerlines of E. Fourth Street and Dane Street; thence
South along the centerline of E. Fourth Street to its
intersection with the centerline of Walnut Street; thence
Southeasterly along the centerline of Walnut Street to its
intersection with the centerline of the Union Pacific
Railroad; thence Southwesterly along the centerline of the
Union Pacific Railroad to its intersection with the
centerline of Franklin Street; thence Northwesterly along
the centerline of Franklin Street to its intersection with
the centerline of E. Second Street and the point of
beginning.
Church Row Neiqhborhood Overlav District
Beginning at the intersection of the centerlines of South
Street and W. Mullan Avenue; thence Northeasterly along the
centerline of South Street to its intersection with the
centerline of Washington Street; thence Southeasterly along
the centerline of Washington Street to its intersection
with the centerline of W. Sixth Street; thence
Southwesterly along the centerline of W. Sixth Street to
its intersection with the centerline of Randolph Street;
thence Southwesterly in a straight line to the intersection
of the centerlines of W. Sixth Street and Wellington
Street; thence continuing Southwesterly along the
centerline of W. Sixth Street to its first intersection
with Grant Avenue; thence continuing Southwesterly along
Ordinance No. 5126
Page 13
the centerline of W. Sixth Street to its second
intersection with Grant Avenue; thence Northwesterly along
the centerline of Grant Avenue to its third intersection
with W. Sixth Street; thence Southwesterly along the
centerline of W. Sixth Street to its intersection with
Allen Street; thence Northwesterly along the centerline of
Allen Street to its intersection with the centerline of W.
Fifth Street; thence Southwesterly along the centerline of
W. Fifth Street to its intersection with the centerline of
Baltimore Street; thence Southeasterly and Southerly along
the centerline of Baltimore Street to its intersection with
the centerline of Pleasant Street; thence West along the
centerline of Pleasant Street to its intersection with the
centerline of W. Fifth Street; thence Southwesterly along
the centerline of W. Fifth Street to its intersection with
the centerline of Bayard Street; thence South along the
centerline of Bayard Street to its intersection with the
centerline of Williston Avenue; thence West along the
centerline of Williston Avenue to its intersection with the
centerline of Kimball Avenue; thence North along the
centerline of Kimball Avenue to its intersection with the
centerline of Reber Avenue; thence East along the
centerline of Reber Avenue to its intersection with the
centerline of Sullivan Avenue; thence North along the
centerline of Sullivan Avenue to its intersection with the
centerline of W. Second Street; thence Northeasterly along
the centerline of W. Second Street to its intersection with
the centerline of South Street; thence Northwesterly along
the centerline of South Street to its intersection with the
centerline of W. Mullan Avenue and the point of beginning.
That Subsection 11 of Subsection B, General Requirements,
of Section 10-25-2, Off -Street Parking Area Required, of Chapter
25, Vehicular Use, Parking and Loading Areas, Public Garages,
Parking Lots and Filling Stations, is hereby repealed in its
entirety; and that a new Subsection 11 of Subsection B, General
Requirements, of Section 10-25-2, Off -Street Parking Area
Required, of Chapter 25, Vehicular Use, Parking and Loading
Areas, Public Garages, Parking Lots and Filling Stations, is
hereby enacted in lieu thereof as follows:
11. Screening and Landscaping: All open parking areas
containing more than four (4) parking spaces shall be
effectively screened as defined herein on each side
adjoining property situated in a Residence District or
any institutional premises, except when the adjoining
property is used for professional office or multi -family,
by a wall or densely planted compact hedge, except if the
closest point of such parking area is at least one
hundred (100) feet from the nearest residential or
institutional property line or across a street. For such
parking areas separated from property situated in a
Residence District or any institutional premises by an
alley, the screen shall be required except along approved
points of access, provided that the points of access are
not more than twenty-four (24) feet wide and not less
than thirty-six (36) feet apart. Points of access more
Ordinance No. 5126
Page 14
than twenty-four (24) feet wide or closer than thirty-six
(36) feet apart shall be allowed if the screen is
installed on the opposite side of the alley with
agreement of the property owner(s).
That Subsection "c" of Subsection 2, Prohibited Signs, of
Subsection C, Regulations of All Signs, of Section 10-26-1,
Outdoor Advertising Signs and Billboards, of Chapter 26, Outdoor
Advertising Signs and Billboards, is hereby added as follows:
c. With respect to the premises of any establishment that is
a limited alcohol sales use (off -premise consumption),
except as set forth below, any sign that includes any
image or verbiage that makes use of the words "alcohol,"
"beer," "wine," "liquor," or any variant or synonym of
any such word, or any type of such beverage, or that
indicates or suggests that such beverages may be
purchased in or upon the premises, except that banner,
portable and temporary signs shall be allowed if
conforming to the requirements of Section 10-26-
1(C)(4)(j) and if not in violation of Iowa Code § 123.51.
The limitations of this paragraph shall not apply to
establishments located in the "C-3" Commercial District,
to any grocery store in which the retail floor space in
the building equals or exceeds 10,000 square feet, or to
a pharmacy.
That Subsection 15 of Subsection H, Special Permit
Required, of Section 10-27-1, Special Provisions, Exceptions and
Modifications, of Chapter 27, Special Provisions, Exceptions and
Modifications, is hereby repealed in its entirety; and that a
new Subsection 15 of Subsection H, Special Permit Required, of
Section 10-27-1, Special Provisions, Exceptions and
Modifications, of Chapter 27, Special Provisions, Exceptions and
Modifications, is hereby enacted in lieu thereof as follows:
15. Non -Limited Alcohol Sales Uses, when meeting the
following minimum requirements:
a. Where the business, when operated in conformance with
such reasonable conditions as may be imposed by the
Board of Adjustment, satisfies the following criteria:
i. The proposed location, design, construction and
operation of the particular use adequately
safeguards the health, safety and general welfare of
persons residing in the adjoining or surrounding
residential area.
ii. The business uses landscaping, walls or
structures to prevent any noise, vibration or light
generated by the business from having a significant
detrimental impact upon the adjoining residential or
protected uses.
iii. The business will not unduly increase congestion
on the streets in the adjoining residential area.
iv. The operation of the business will not constitute
a nuisance.
b. Any Special Permit so granted by the Board of
Adjustment shall be subject to the following general
Ordinance No. 5126
Page 15
conditions, together with any additional special
conditions required by the Board of Adjustment as
appropriate:
i. Any parking area provided for the use of
customers of the business shall be illuminated to
appropriate standards found in the City of Waterloo
Municipal Code. Parking lot lighting shall be
directed away from nearby residential properties and
city streets.
ii. The business shall comply with the City of
Waterloo Municipal Code pertaining to noise control.
iii. Attractive litter and trash receptacles shall be
located at convenient locations inside and outside
the premises.
iv. The Special Permit is subject to amendment or
revocation if the operation of the business becomes
a nuisance or exhibits a pattern of violating the
conditions set for in the Special Permit.
V. If the zoning officer determines at any time that
the operation of such a business exhibits a pattern
of violating the conditions set forth in the Special
Permit, the zoning officer may apply to the Board of
Adjustment to reconsider the issuance of the special
use permit for such business. A copy of such
application to reconsider and notice of the hearing
before the Board of Adjustment on such application
shall be provided to the owner of such business at
least ten days in advance and shall also be provided
to all owners of record of property within two
hundred fifty (250) feet of the subject property. If
the Board of Adjustment finds that the operation of
such business exhibits a pattern of violating the
conditions set forth in the Special Permit, the
Board of Adjustment shall have the authority to
amend or revoke the special use permit. [Ordinance
4976, 11/23/09]
c. The purpose and intent of these special permit
regulations is to avoid undue concentration of certain
alcohol sales uses, to mitigate the secondary effects
of certain alcohol sales uses, to preserve and protect
neighborhoods from deterioration and loss of property
value due to incompatible uses, and otherwise to
promote the general purposes of the zoning ordinance.
Except in the "C-3" District, the provisions of this
subsection 15 shall apply in addition to any other
zoning district regulations and requirements in which
the land may be classified. In the case of conflict,
the most restrictive provisions shall govern, except
as otherwise expressly provided in this subsection.
That Subsection Q, Alcohol Sales Use Regulations, of
Section 10-27-1, Special Provisions, Exceptions and
Modifications, of Chapter 27, Special Provisions, Exceptions and
Modifications, is hereby repealed in its entirety; and that a
new Subsection Q, Alcohol Sales Uses, of Section 10-27-1,
Special Provisions, Exceptions and Modifications, of Chapter 27,
Ordinance No. 5126
Page 16
Special Provisions, Exceptions and Modifications, is hereby
enacted in lieu thereof as follows:
Q. Alcohol Sales Uses.
1. Classification. Except in the "C-3" District, all
alcohol, sales uses, whether existing or proposed,
shall be classified by the City Planner or designee as
one of the specific types enumerated in Section 10-3-1
under "alcohol sales uses." All alcohol sales uses
shall be classified according to current standards
pertaining to percentage of sales and retail floor
space. For any alcohol sales use that existed before
adoption of Ordinance 4976 on 11/23/2009, where
insufficient information is available for a
determination between a limited or non -limited alcohol
sales use according to current standards, the use
shall be classified as a limited alcohol sales use and
shall be subject to all of the requirements pertaining
to such uses. For establishments that, before adoption
of Ordinance 5126 on 8/20/2012, had agreed to
classification as a limited alcohol sales use under
previous standards but would now be classified under
current standards as a non -limited alcohol sales use,
such establishments shall continue to be classified as
a limited alcohol sales use and shall have until June
30, 2013 to conform to current standards for a limited
alcohol sales use. Any business requesting
classification as a non -limited alcohol sales use
shall provide adequate documentation for such a
determination. Adequate documentation may consist of,
but shall not be limited to, forms filed with the Iowa
Alcoholic Beverages Division, Federal and State of
Iowa income tax returns, sales register or point-of-
sale system reports, income statements, and/or other
information certified as true and correct by a
licensed public accountant or a certified public
accountant. Any information provided by the business
shall be certified by the business as true, correct
and complete under penalty of perjury.
2. Drive -Up Windows.
a. No business that is an alcohol sales use shall
construct, open or install any drive-through or
walk-up window or any similar drive -up or drive-in
system, except that a pharmacy may have such a
system provided that no alcoholic beverages may be
sold or dispensed through same, and except that a
grocery store may have such a system as a
convenience for loading merchandise into a vehicle
only if the customer made the purchase inside the
premises of the grocery store.
b. If an application has been filed for a new license
or permit to sell or dispense alcoholic beverages
with respect to a premises that is not classified as
an alcohol sales use at the time of application or
has not been classified as such within the preceding
three (3) months, and if the premises is equipped
with a drive-through or walk-up window or any
similar drive -up or drive-in system, then the
0
Ordinance No. 5126
Page 17
application will not be approved until any opening
that is part of such window or system is permanently
closed and the exterior thereof has been finished to
conform in materials and appearance as closely as
reasonably possible to the remainder of the exterior
of the premises.
That Subsection R, Limited Alcohol Sales Uses, of Section
10-27-1, Special Provisions, Exceptions and Modifications, of
Chapter 27, Special Provisions, Exceptions and Modifications, is
hereby repealed in its entirety; and that a new Subsection R,
Limited Alcohol Sales Uses, of Section 10-27-1, Special
Provisions, Exceptions and Modifications, of Chapter 27, Special
Provisions, Exceptions and Modifications, is hereby enacted in
lieu thereof as follows:
R. Limited Alcohol Sales Uses.
1. Audits. Pursuant to the authority vested in the City
by Section 123.39 of the Iowa Code and in furtherance
of the City's prerogative to regulate the location of
alcohol sales uses for the health, welfare and morals
of the community, any limited alcohol sales use is
subject to the requirements of this Section. Upon
request of the police chief or designee at any time,
but not more frequently than semi-annually, a business
that is a limited alcohol sales use shall provide such
information as the police chief or designee may, in
his reasonable discretion, require as proof that the
business satisfies the conditions for the appropriate
category of a limited alcohol sales use. Proof may
consist of, but is not limited to, forms filed with
the Iowa Alcoholic Beverages Division, Federal or
State of Iowa income tax forms, sales register or
point-of-sale system reports, income statements,
and/or other information certified as true and correct
by a licensed public accountant or certified public
accountant. The accountant shall prepare a verified
statement that identifies the total dollar volume of
all sales and the total dollar volume of sales derived
from each specific category of goods or services
described in the applicable "limited alcohol sales
use" definition, such as, for purposes of illustration
only, alcohol, tobacco products, pumped vehicle fuel,
and prepared foods. Any information provided by the
business shall be certified by the business as true,
correct and complete under penalty of perjury. If the
business fails to provide the requested information
within thirty (30) days after request, then such
business shall be deemed to be an unlawful use and
shall be subject to the enforcement provisions of this
Ordinance. If audit of the provided information
indicates that the business fails to satisfy the
conditions to qualify as the appropriate category of a
limited alcohol sales use, either on the basis of the
preceding twelve (12) months viewed as a whole or the
most recent three (3) months viewed as a whole, then
such business may be deemed to be an unlawful use and
Ordinance No. 5126
Page 18
may be subject to the enforcement provisions of this
Ordinance. If the audit demonstrates that the business
exceeds by more than ten (10) percent any of the
numerical standards of the appropriate category of a
limited alcohol sales use, then the use shall be
deemed a nuisance and the business shall pay all cost
and expense of the audit. The city clerk shall demand
reimbursement for the audit costs and expenses by
mailing written demand for reimbursement to the owner.
Notice shall be by ordinary mail. Said demand shall be
due and payable upon mailing and shall become
delinquent if not paid within thirty (30) days of the
date of mailing the notice. Without prejudice to any
other available methods of collection, any delinquent
amounts may be assessed against the property for
collection in the same manner as a property tax, as
provided in state law. The audit requirements of this
subsection are in addition to any affidavit or
agreement that may be required by the City Planner or
designee with respect to the status of the business
within the appropriate category of a limited alcohol
sales use.
2. Renewal certifications. In connection with any
application for renewal of a liquor control license or
permit, the business shall certify on forms acceptable
to the City Planner or designee that it continues to
meet, according to current standards pertaining to
percentage of sales and retail floor space, the
requirements for classification as the appropriate
category of limited alcohol sales use.
INTRODUCED:
PASSED 11T CONSIDERATION: August 20, 2012
PASSED 2ND CONSIDERATION: August 20, 2012
PASSED 3RD CONSIDERATION: August 20, 2012
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 20th day of August, 2012, and approved by
the Mayor on the 20th day of August, 2012.
est G. Clarr, "Mdvor
ATTEST:
t,
Suzy S ares, CMC
City Clerk
Ordinance No. 5126
Page 19
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 5126, as passed and adopted by the City Council of
the City of Waterloo, Iowa, on the 20th day of August, 2012.
Witness my hand and seal of office this 20th day of August,
2012.
t�
1
SEAL uz Sc 1ares, CMC
City Clerk
STATE OF IOWA,
Black Hawk County
I do solemnly swear that the
1393485
ORDINANCE 5126
notice was published in the
a daily newspaper printed i
Black Hawk County, Iowa, fo
commencing on 09/12/2012, i
09/12/2012
OL Q ,
of said newspaper, and that the annexed rate( ADO -deS woi; aii!Rn of ppeio 000'000'9$
WAT 101 NuBS elelS siewied 4;im;uaweeiB
advertising is the regular legal rate of said MEN e4lanoiddeuo!leonP310Pie0ga41;ei
OF I 'uuAld Aq pepuooes 'AllLN3W Aq Panop
newspaper, and that the following is a correct AME .o -
bill for publishing said notice.
annexed copy of
WATERLOO/CEDAR
n WATERLOO,
r 1 issues
n the issues of
FALLS COURIER -,
SUM le ZLOZ `OZ iego;°0 °1 ZLOZ ' is u
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Subscribed and sworn tp bef
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