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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 Printer's Bill $133.39 l:9 Subscribed and sworn tp bef Received of TITL Pauieo uo!loW -14 4aieW of aui!peel This uo!1eo!;pou lemauai lenuue 3Rewolni Zon :u011eu!wial pue uoOeingtq of 86uey: loo, Wm ieaA looyos £L-ZLOZ 941 i°l s;oej dins _U00 10043said pue ielue0 iolne40i the IVH a0se0 ay1 anoidde Pug luaiulieda( Cha u6l;eonp3 !eloadg ooiialeM sill ;o uo; atnf epuawwooai e411de3oe pieog aql ley alc 'allied A N tioM S Q Papuooes'pieyo!U Aq Rano ate -0-L Pe!iJeO uoOoW •iLeA looyos of l`0Z/UOZ 841 i01 (alepsueA3) lueu ale enoidde $J831140 aomoseN looyoS a4I am .1 P310 pieog 8411041 'pie cul -4o!U Aq Papu00as '143spu!)i Ag penOW is i '0-L PBpieO uORO N -ieeA looyos tial £LOZ/ZLOZ941JO) (o0lialeM);uaw U81 -aai6V sie3glo aanoseN loo4oS 841 lira OAoidde uo!leonp3;O ple0e 9 41 18 41 140 Pn -sPu!H Aq PePuOas `AIl8N°W Aq panoW ma 'O -L pauieo uo!loW •(900#i9Pi0 96uey0 this Se Aieluawaf3 a6ueio) I mal! 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