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HomeMy WebLinkAbout06/11/2012 Council Work Sessions June 11, 2012 Times as indicated below Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:00 p.m. Regulation of off road utility vehicles—Submitted by Daniel J. Trelka, Director of Safety Services. 4:15 p.m. Housing Protections for Victims of Domestic Violence; Unfair or Discriminatory Use of Criminal Record in Employment Decisions; Development and Implementation of Human Rights Training Academy; Summer Harmony Day—Submitted by Abraham Funchess, Jr., Human Rights Director. 4:35 p.m. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and Amendment to Code of Ordinances to update the regulations on drive-up windows—Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk SUMMARY OF ORDINANCE NO. ADOPTED ON , 2012 BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF WATERLOO,IOWA BY AMENDING SELECTED CHAPTERS OF TITLE 3,ZONING This is a summary of amendments to the Zoning Ordinance of the City of Waterloo, Iowa (referred to below as the "Ordinance"): Chapter 3, Definitions, is amended to strike the former definition of"limited alcohol sales use,"to revise the definition of"alcohol sales use,"and to create a set of new definitions under types of limited and non-limited alcohol sales uses. The new limited alcohol sales use definitions also clarify and revise the factors that affect the calculation of gross income. This chapter is also amended to create a new definition of"floor space"applicable to adult uses and alcohol sales uses for which limitations on allowable floor space are prescribed. Section 10-5-1(B) has been revised to provide clarifications regarding exceptions to restrictions on non-conforming lots, structures, and uses of land and structures, and regarding the circumstances under which a non-conforming alcohol sales use may lose its non-conforming status through discontinuance or abandonment. New restrictions have been added to the Ordinance that have the effect of eliminating certain features now permitted for alcohol sales uses. Any premises that was using a drive-through or walk- up window or similar drive-up or drive-in system before November 23,2009 must cease and desist from the use of such window or system no later than December 31, 2013. By the same date, no premises that is a type of limited alcohol sales use may exhibit on the exterior of the premises any image or wording that uses the words"alcohol,""beer,""wine,""liquor,"or any variant or synonym of such word or type of beverage,or that indicates that such beverages may be purchased in or upon the premises. The regulations applicable to the "C-2" Commercial District in Section 10-15-1(A) are revised to provide that regulations applicable to alcohol sales uses are applicable only to the new categories of non-limited alcohol sales uses. The points of measurement are also changed for separation of non-limited alcohol sales uses from protected uses and from other alcohol sales uses. This section is also amended to revise the requirements that must be met by a restaurant that is an alcohol sales use. The amended Ordinance now includes four distinct overlay districts applicable to alcohol sales uses. Legal descriptions for these districts are set forth at the end of this summary. The purposes of these overlay districts include avoiding undue concentration of certain alcohol uses, mitigating the secondary effects of such uses, and preserving and protecting neighborhoods from deterioration and loss of property value. In these overlay districts,no new alcohol sales uses may be established, except for incidental alcohol sales uses as defined by the Ordinance. Furthermore, existing alcohol sales uses may expand only through a Board of Adjustment approval process. The provisions of Section 10-27-1(Q)are amended to relocate those provisions to other parts of the Ordinance and to add new requirements for the regulation of alcohol sales uses. All such uses, whether existing or proposed, shall be classified as one of the specific types of alcohol sales uses, according to current standards pertaining to percentage of sales and retail floor space. As to alcohol sales uses that existed before November 23,2009,if insufficient information is available to the City Planner or his designee to determine whether the alcohol sales use is limited or non-limited,it will be 1 classified as limited. Any business requesting classification as a non-limited alcohol sales use must provide adequate documentation to allow such a determination. As provided in revised Section 10- 27-1(R), businesses that are limited alcohol sales uses must certify annually that they continue to meet the requirements for classification as the appropriate ca_gory of limited alcohol sales use. Financial information pertaining to initial classification or annual renewal must be certified as true and correct by a licensed public accountant or a certified public accountant. New requirements applicable to drive-up windows and similar windows and systems have also been added to Section 10-27-1(Q). Any business that is an alcohol sales use is prohibited from constructing, opening or installing such a window or system. There are exceptions for pharmacies and groceries. If an application for a new license or permit to sell or dispense alcoholic beverages is filed 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 has such a window or system already in place,the application will not be approved until any opening that is part of such a 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. The above is only a summary of the Ordinance amendments and not the complete text of the Ordinance amendments. There are many details and specific terms, conditions, and requirements that have not been provided in this summary. Questions should be directed to the office of the City Planner. The Ordinance amendments may be inspected in their entirety at the office of the City Planner, 715 Mulberry Street, 2nd Floor, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The amended Ordinance will become effective upon publication of this summary. LEGAL DESCRIPTIONS Broadway Avenue Overlay 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. 2 Logan 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 (abando ned)ed)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 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 Neighborhood Overlay 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 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 3 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. 4 MARIA ARMSTRONG From: ARIC SCHROEDER Sent: Monday, June 04, 2012 2:30 PM To: PATTIE MAGEE; CAROL FAILOR Cc: SUZY SCHARES; MARIA ARMSTRONG; NOEL ANDERSON; ADAM POLL Subject: RE: Email requesting Resolution No. 2012-152 Carol (and Suzy), To go into a little more background/detail...prior to adoption of resolution 2012-152 the City Council took action to set a date of hearing and authorize publication of the hearing for the vacate, sale and conveyance of a portion of Walnut AND Almond. The publication included the proper legal description (both Walnut and Almond included). But, at some point the portion of the legal for Almond got dropped off, so that the end resolution (2012-152) and the end ordinance (5094)were not correct because of the missing legal for Almond. At last Tuesday's Council, an item was done to try and correct this...but that action is problematic as well, because it tries to vacate Almond by resolution, when a vacate can only be done by ordinance, and there was no hearing for it. Late last week (Thursday and Friday) Pattie was chatting with Suzy to see what could be done to just correct resolution 2012-152. Suzy thought it could potentially just be corrected if the legal published for the hearing notice was correct, which it was. But, I'm not sure if the fact that the Ordinance is also wrong and the Ordinance has already been published with a wrong legal complicates that or not. Not sure what needs to be done to figure out how this mess needs to be solved, but CVS is wanting to close and begin construction of the pharmacy ASAP, and this needs to be cleaned up, and the documents recorded before that can happen. They really want to get stuff recorded now (like today), but not sure if that can happen or not. Aric From: PATTIE MAGEE Sent: Monday, June 04, 2012 2:03 PM To: CAROL FAILOR Cc: ARIC SCHROEDER Subject: RE: Email requesting Resolution No. 2012-152 Carol, I showed this resolution to Aric and he pointed out that this resolution 2012-152; does not include the Almond Street legal as the publication states. So the question to Suzy is how should this be corrected to include both legal descriptions? Please advise Pattie From: CAROL FAILOR Sent: Monday, June 04, 2012 1:24 PM To: PATTIE MAGEE Subject: Email requesting Resolution No. 2012-152 Hi Pattie, In regards to the email you sent Suzy and Maria this morning requesting to obtain Resolution No. 2012- 152, I typed that one up awhile ago and an original went up to your office. CarolFaitar Deputy City Clerk 6/6/2012 City of Waterloo 715 Mulberry Street 'Waterloo, IA 5o7a3 Phone: (319)291-4323 Fax: (319) 291-4571 caroLfador@waterloo-ia.org 6/6/2012 MARIA ARMSTRONG From: ARIC SCHROEDER Sent: Wednesday, June 06, 2012 9:39 AM To: Chris Wendland; SUZY SCHARES; MARIA ARMSTRONG Cc: NOEL ANDERSON; PATTIE MAGEE Subject: RE: Additional Council Items If anyone wants me to make a transmittal communication, let me know. I think it would be best to have both the Zoning Ordinance amendment AND this Code of Ordinances amendment as a discussion item on a work session on the 11th, and then set both for hearing on the 18th. As noted before, this one may also require to be placed on the Ordinance Committee, which could probably be done on the 11th as well, or on the 18th ahead of the regular meeting. Aric From: Chris Wendland [mailto:chris.wendland@cbwhlaw.com] Sent: Wednesday, June 06, 2012 9:29 AM To: ARIC SCHROEDER; SUZY SCHARES; MARIA ARMSTRONG Cc: NOEL ANDERSON; PATTIE MAGEE Subject: RE: Additional Council Items Attached is the ordinance for amendment to the code of ordinances, adding a new provision for liquor regulation. This is not part of the zoning ordinance. It does not need to be handled on the same track as the zoning amendments, but it hangs together with them conceptually. Therefore, at least for the council approval part of the process, I think it would make most sense to present them on the same schedule. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 From: ARIC SCHROEDER [mailto:ARIC.SCHROEDER@WATERLOO-IA.ORG] Sent: Wednesday, June 06, 2012 9:23 AM To: SUZY SCHARES; MARIA ARMSTRONG Cc: NOEL ANDERSON; Chris Wendland; PATTIE MAGEE Subject: Additional Council Items All, Pattie is running copies right now of the Council Communication for the Zoning Ordinance Amendment. This needs to be placed on the June 11th agenda to set a date of hearing as June 18th. In addition, I would like to have a work session on the 11th to discus the amendment. I assume you don't need a separate transmittal for the work session but let me know. I've also got a call in to Chris Wendland...in addition to the amendment to the Zoning Ordinance, there is also an amendment needed to the Code of Ordinances to add a new paragraph "F" under section 3-2-6 of the Code of Ordinances for additional restrictions dealing with drive-up windows. I'm not sure if this amendment is ready to go and needs to go through the approval process on the same timeline as the zoning amendment or not. The zoning amendment needs to be done ASAP because it must be completed (including publication of Ordinance) prior to the expiration of the moratorium on new alcohol 6/6/2012 sales licenses. If it is ready, I can prepare a transmittal on that as well, but I'm not sure if it needs to be on the work session agenda as well...and it may also need to get put on the"Ordinance Committee" (Council sub-committee), as I think that Code of Ordinance amendments are suppose to be on their agenda prior to full Council adoption. Also, I'm still putting together a communication to clean up the sale and conveyance needed for the Dolly James riverfront condo project and will have that shortly. That one also needs on the 11th to set a date of hearing as the 18th. Thanks, ARIC A.SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo,IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 www.ci.waterlonia.us • 6/6/2012 MARIA ARMSTRONG From: ARIC SCHROEDER Sent: Wednesday, June 06, 2012 3:43 PM To: NOEL ANDERSON; SUZY SCHARES; MARIA ARMSTRONG Cc: MAYOR CLARK Subject: FW: Overlay District legal FYI From: Chris Wendland [mailto:chris.wendland©cbwhlaw.com] Sent: Wednesday, June 06, 2012 3:22 PM To: ARIC SCHROEDER Subject: RE: Overlay District legal Aric: Attached is a draft of the zoning ordinance with changes marked, including the overlay legals. I also caught two typos from an earlier draft. I'm also attaching a summary that can be used for publication after the amendments have been approved by council. I still need to put together an ordinance in official form that will just reference the actual changes being made, but I figure I have a couple of weeks to get that done. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 From: ARIC SCHROEDER [mailto:ARIC.SCHROEDER@WATERLOO-IA.ORG] Sent: Wednesday, June 06, 2012 10:41 AM To: Chris Wendland Subject: Overlay District legal Chris, I have the Zoning Ordinance amendment transmitted to Council. I basically just used the same thing that I gave to P&Z, which included my two page memo/summary, then the pages from the Zoning Ordinance that have changes, and this time I inserted the overlay district legals and still included the map. I did NOT insert the legals into the actual Zoning Ordinance document, so page 115 still has four spots where it says"insert". For now, I just included a copy of the attached document. At some point, can you insert the legals into the Zoning Ordinance and then send me a copy of what will hopefully be the final version showing strike through and underlines (unless Council makes changes during the work session or hearing). And then the legals will need to be incorporated into the legal format of the actual ordinance amendment document that you are going to draft so it is ready for publishing right away after adoption. Thanks, ARIC A.SCHROEDER 6/8/2012 City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo,IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 www.ci.waterloo.ia.us 6/8/2012 City of Waterloo Zoning Ordinance Ordinance No. 5079 Planning and Zoning Commission Hearing: September 13, 2011 City Council Approval: October 17, 2011 TABLE OF CONTENTS B. Non-Conforming Uses of Land,Non- CHAPTER 1 TITLE AND PURPOSE 1 Conforming Structures,Non- Conforming Uses of Structures and 10-1-1 TITLE AND PURPOSE 1 Premises,and Non-Conforming Lots....25 A. Title C. Fences 28 B. Purpose D. Home Occupations 30 C. Authority E. Accessory Structures 32 F. Corner Lots 33 G. Visibility at Intersections in Residential CHAPTER 2 INTERPRETATION OF Districts 34 STANDARDS 1 H. Front Yard 34 I. Required Yard Cannot be Reduced 34 10-2-1 INTERPRETATION OF J. Building Lines on Approved Plats 34 STANDARDS 1 K. Building or Development Permits 35 10-2-2 INTERPRETATION PERTAINING L. Zoning District Dividing Property 35 TO FLOOD PLAIN MANAGEMENT...1 M. Erection of More Than One(1) Principal Structure on a Lot 35 N. Conditional Zoning 35 CHAPTER 3 DEFINITIONS 1 O. Street Frontage Required 37 P. Dwelling Standards 37 10-3-1 DEFINITIONS 1 Q. Site Plan Required 38 R. Proposed Use Not Covered by Title 38 CHAPTER 4 DISTRICT AND S. Landscaping Regulations 38 BOUNDARIES 22 CHAPTER 6 "A-I"AGRICULTURAL 10-4-1 CLASSIFICATION OF DISTRICTS 22 DISTRICT 40 10-4-2 CLASSIFICATION OF FLOOD PLAIN OVERLAY DISTRICTS 22 10-6-1 REGULATIONS 40 A. Principal Permitted Uses 40 10-4-3 FINDING OF FACT 22 B. Accessory Uses 42 10 4 1 DISTRICT BOUNDARIES AND 10-6-2 HEIGHT REGULATIONS 42 OFFICIAL ZONING MAPS 23 10-6-3 BULK REGULATIONS 42 10-4-5 ESTABLISHMENT OF OFFICIAL FLOOD PLAIN ZONING MAP 23 CHAPTER 7 "R-R" RURAL RESIDENCE 10-4-6 PURPOSE OF FLOOD PLAIN DISTRICT 42 (OVERLAY) DISTRICTS 23 10-4-7 INTERPRETATION OF DISTRICT 10-7-1 PURPOSE 42 BOUNDARIES 24 10-7-2 REGULATIONS 42 10-4-8 FUTURE ANNEXATION OF A. Principal Permitted Uses 42 TERRITORY 24 B. Accessory Uses 44 10-4-9 RIGHT OF WAY VACATION 24 10-7-3 HEIGHT REGULATIONS 42 10-7-4 BULK REGULATIONS 42 CHAPTER 5 GENERAL REGULATIONS 25 CHAPTER 8 "R-I" ONE AND TWO 10-5-1 GENERAL REGULATIONS 25 FAMILY RESIDENCE DISTRICT 43 A. Conformance Required 25 i 10-8-1 REGULATIONS 43 CHAPTER 13 "S-1" DISTRICT A. Principal Permitted Uses 43 REGULATIONS (SHOPPING CENTER B. Accessory Uses 44 COMMERCIAL DISTRICT) 55 10-8-2 HEIGHT REGULATIONS 44 10-13-1 REGULATIONS 55 10-8-3 BULK REGULATIONS 44 A. Procedures 55 B. Standards 56 CHAPTER 9 "R-2" ONE AND TWO C. Completion 56 FAMILY RESIDENCE DISTRICT 45 D. Minor Site Plan Amendments 56 10-9-1 REGULATIONS 45 CHAPTER 14 "C-1" NEIGHBORHOOD A. Principal Permitted Uses 45 COMMERCIAL DISTRICT 57 B. Accessory Uses 45 10-9-2 HEIGHT REGULATIONS 46 10-14-1 REGULATIONS 57 A. Principal Permitted Uses 57 10-9-3 BULK REGULATIONS 46 B. Accessory Uses 59 C. Height Regulations 59 CHAPTER 10 "R-3" MULTIPLE 10-14-2 BULK REGULATIONS 59 RESIDENCE DISTRICT 46 10-10-1 REGULATIONS 46 CHAPTER 15 "C-2" COMMERCIAL A. Principal Permitted Uses 46 DISTRICT 60 B. Accessory Uses 47 10-15-1 REGULATIONS 60 10-10-2 HEIGHT REGULATIONS 47 A. Principal Permitted Uses 60 10-10-3 BULK REGULATIONS 47 B. Accessory Uses 63 10-15-2 BULK REGULATIONS 63 CHAPTER 11 "R-4" MULTIPLE RESIDENCE DISTRICT 48 CHAPTER 16 "C-P" PLANNED COMMERCIAL DISTRICT 64 10-11-1 REGULATIONS 48 A. Principal Permitted Uses 49 10-16-1 GENERAL REGULATIONS 64 B. Accessory Uses 49 A. Intent 64 10-11-2 HEIGHT REGULATIONS 49 B. Uses Permitted 64 C. Procedure 65 10-11-3 BULK REQUIREMENTS 50 D. Standards 67 E. Deed Restrictions 68 CHAPTER 12 "R-P" PLANNED F. Commencement and Completion 68 RESIDENCE DISTRICT 50 G. Land Usage 68 H. Platting Required 68 10-12-1 GENERAL REGULATIONS 50 10-16-2 BULK REGULATIONS 68 A. Intent B. Uses Permitted C. Procedure CHAPTER 17 "B-P" BUSINESS PARK D. Standards DISTRICT 69 E. Deed Restrictions F. Commencement and Completion 10-17-1 GENERAL REGULATIONS 69 G. Land Usage A. Intent 69 H. Platting Required B. Uses Permitted 70 C. Procedure 70 ii D. Standards 73 10-22-2 "F-W" FLOODWAY(OVERLAY) E. Deed Restrictions 73 DISTRICT 85 F. Commencement and Completion 73 10-22-3 "F-F" FLOODWAY FRINGE G. Land Usage 74 (OVERLAY) DISTRICT 86 H. Platting Required 74 10-17-2 BULK REGULATIONS 74 10-22-4 "F-P"GENERAL FLOOD PLAIN (OVERLAY) DISTRICT 90 CHAPTER 18 "C-3" CENTRAL BUSINESS 10-22-5 "S-F"SHALLOW FLOODING DISTRICT 75 (OVERLAY)DISTRICT 91 10-18-1 REGULATIONS 75 CHAPTER 23 "H-C" HIGHWAY 218 A. Principal Permitted Uses 75 CORRIDOR OVERLAY DISTRICT 91 B. Accessory Uses 75 10 18 2 BULK REGULATIONS 75 10-23-1 GENERAL REGULATIONS 91 A. Boundaries 91 B. Purpose and Intent 91 CHAPTER 19 "M-1" LIGHT INDUSTRIAL C. Definitions 92 DISTRICT 76 D. Administrative Regulations 92 E. Alternative Compliance 93 10-19-1 REGULATIONS 76 F. Landscape Requirements 93 A. Principal Permitted Uses 76 G. Sign Regulations 96 B. Accessory Uses 78 H. Design Review Board 99 I. Screening/Fencing 103 10-19-2 REQUIRED CONDITIONS 78 J. Setback Requirements 104 10-19-3 BULK REGULATIONS 78 K. Use Restrictions 104 CHAPTER 20 "M-2" HEAVY INDUSTRIAL CHAPTER 24 "H-C" HIGHWAY 20 DISTRICT 79 CORRIDOR OVERLAY DISTRICT 106 10-20-1 REGULATIONS 79 10-24-1 GENERAL REGULATIONS 106 A. Principal Permitted Uses 79 A. Boundaries 106 B. Accessory Uses 80 B. Purpose and Intent 106 C. Required Conditions 80 C. Definitions 106 D. Administrative Regulations 107 10-20-2 BULK REGULATIONS 80 E. Alternative Compliance 108 F. Landscape Requirements 108 CHAPTER 21 "M-2,P" PLANNED G. Sign Regulations 110 INDUSTRIAL DISTRICT 81 H. Screening/Fencing 113 I. Setback Requirements 114 10-21-1 REGULATIONS 81 J. Use Restrictions 114 A. Intent 81 B. Principal Permitted Uses 81 CHAPTER 24A ALCOHOL SALES USE C. Required Conditions 82 OVERLAY DISTRICTS 114 D. Procedure 82 10-24A-1 GENERAL REGULATIONS 106 CHAPTER 22 FLOODWAY AND FLOOD A. Boundaries 10614 PLAIN DISTRICTS 84 B. Purpose and Intent 10614 C. Administrative Regulations 10615 10-22-1 REGULATIONS 84 D. Use Regulations 107 A. General Regulations 84 iii s CHAPTER 25 VEHICULAR USE, PARKING P. Buffers Required 159 AND LOADING AREAS, PUBLIC Q. Alcohol Sales Use Regulations 159 GARAGES, PARKING LOTS AND R. Limited Alcohol Sales Uses 161 FILLING STATIONS 117 S. Utility Exemption 161 T. Wind Energy Facilities 162 10-25-1 OFF-STREET LOADING SPACES REQUIRED 117 CHAPTER 28 BOARD OF ADJUSTMENT. 174 10-25-2 OFF-STREET PARKING AREA REQUIRED 117 10-28-1 APPOINTMENT—MEMBERSHIP....174 A. Scope of Regulations 117 10-28-2 RULES—MEETINGS—GENERAL B. General Requirements 118 PROCEDURE 175 C. Design and Maintenance 120 D. Parking Space(s)Required 122 10-28-3 JURISDICTION—POWERS 175 10-25-3 FILLING STATIONS,PUBLIC 10-28-4 SPECIAL PERMITS,APPEALS, GARAGES AND PARKING LOTS...127 AND VARIANCES 176 A. Special Permits 176 CHAPTER 26 OUTDOOR ADVERTISING C. Appeals 178 C. Variances 178 SIGNS AND BILLBOARDS 127 D. Factors upon which the decision of the Board shall be based 179 10-26-1 OUTDOOR ADVERTISING SIGNS E. Conditions Attached To Special AND BILLBOARDS 127 Permits,Conditional Uses Or A. General Intent 127 Variances 180 B. Definitions 128 C. Regulation of All Signs 130 10-28-5 HEARINGS AND DECISIONS OF THE BOARD OF ADJUSTMENT 180 A. Hearings 180 CHAPTER 27 SPECIAL PROVISIONS, B. Decisions 180 EXCEPTIONS AND MODIFICATIONS 139 C. Appeals to the Court 180 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND CHAPTER 29 PLANNING, MODIFICATIONS 139 PROGRAMMING,AND ZONING A. Use of Existing Lots of Record 139 COMMISSION 181 B. Structures Permitted Above Height Limit 140 10-29-1 PLANNING,PROGRAMMING, C. Area Requirements 141 AND ZONING COMMISSION 181 D. Double Frontage Lots 141 10-29-2 APPOINTMENT-MEMBERSHIP....181 E. Rear and Side Yards—How Computed141 F. Other Exceptions to Yard 10-29-3 RULES-MEETINGS-GENERAL Requirements 142 PROCEDURE 181 G. Existing Unenclosed Porch,New Deck 10-29-4 POWERS AND DUTIES 181 or Unenclosed Porch 142 H. Special Permit Required 143 I. Urban Renewal Plans 148 CHAPTER 30 OTHER PERMITS 182 J. Appeal of Minimum Lot Width 148 K. Subdividing of Lots 148 10-30-1 PERMITS 182 L. Solar Collector Systems 149 A. Occupancy Permits 182 M. Placement of Mobile Home 149 B. Flood Plain Development Permit 182 N. Adult Uses 149 C. Floodproofing Measures 183 O. Towers and Wireless Communication Facilities 150 iv D. Iowa Department of Natural 10-32-3 ENFORCEMENT 187 Resources-Required Developmental 10-324 VALIDITY 187 Approval 184 10-32-5 FEES 187 CHAPTER 31 SITE PLANS 185 CHAPTER 33 DUTIES AND 10-31-1 SITE PLANS 185 RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 187 CHAPTER 32 AMENDMENTS 185 10-33-1 INFORMATION TO BE OBTAINED 10-32-1 AMENDMENTS 185 OR MAINTAINED 187 10-32-2 VIOLATION AND PENALTIES 186 V CHAPTER 1 111 LE AND PURPOSE 10-1-1 TITLE AND PURPOSE. CHAPTER 1 statutes. Where provisions or requirements TITLE AND PURPOSE of this Ordinance conflict, the most restrictive provision or requirements applies, unless [Ordinance 3196, 2/22/82] otherwise specified. 10-1-1 TITLE AND PURPOSE. 10-2-2 INTERPRETATION PERTAINING TO FLOOD PLAIN MANAGEMENT. A. Title. [Ordinance 3487, 6/15/87] This Ordinance shall be known and may be cited and referred to as the "Zoning Ordi- In their interpretation and application, the rovisheld to Hance" of the City of Waterloo,Iowa. be thelons minimum qof this uire ents ande eshall be B. Purpose. liberally construed in favor of the governing The purpose of this Ordinance shall be to body and shall not be deemed a limitation or repeal of any other powers granted by State promote the health, safety, morals, order, statutes. Where provisions or requirements convenience, prosperity and general welfare; of this Ordinance conflict, the most restrictive to conserve and protect the value of property provision or requirement applies, unless oth- throughout the City and to encourage the erwise specified. [Ordinance 5049, 6/20/11] most appropriate use of land; to lessen con- gestion in the streets; to prevent the over- crowding of land; to avoid undue concentra- CHAPTER 3 tion of population; and to facilitate the ade- quate provision of transportation, water, DEFINITIONS sewerage, schools, parks and other public re- quirements. [Ordinance 3175, 12/14/81] [Ordinance 3378, 12/17/84] C. Authority. 10-3-1 DEFINITIONS. This Ordinance is adopted in accordance For the purpose of this Ordinance, certain with the City of Waterloo Comprehensive terms and words are hereby defined. Words Plan, as amended, and as permitted and spe used in the present tense shall include the cifically authorized in Chapter 414, City Zon future, the singular number shall include the ing, Code of Iowa,as amended. plural and the plural number includes the singular; the word "shall" is mandatory, the CHAPTER 2 word "may" is permissive; and the word INTERPRETATION OF "person" includes a firm, association, organi- STANDARDS zation, partnership, trust, company, or corpo- ration as well as an individual; the words 10-2-1 INTERPRETATION OF "used" or "occupied" include the words in- STANDARDS. tended, designed, or arranged to be used or occupied. The word "lot" includes the words In their interpretation and application, the plot or parcel. provisions of this Ordinance shall be held to be the minimum requirements and shall be Abutting: Having property or district liberally construed in favor of the governing lines in common. body and shall not be deemed a limitation or repeal of any other powers granted by State 1 CHAPI ER 3 DEFINITIONS 10-3-1 DEFINITIONS. Accessory Structure: A structure located fied sexual activities" or "specified on the same lot with the principal use or anatomical areas," as hereinafter de- principal structure, occupied by or devoted to fined. an accessory use, or on an abutting vacant lot A building or portion thereof, that en- when legally combined to the lot with the principal use or principal structure with a re- gages in the renting, selling, presenta- corded restrictive covenant. Where an acces- sory structure is attached to the principal adult products as described herein structure in a substantial manner, as by a wall shall not publicly display such mate- or roof, such accessory structure shall be con- rials and/or products so that they are sidered part of the principal structure, and described, displayed, visible, or ad- subject to all yard requirements contained vertised from the exterior of the build ing if said use is to be operated as a herein. non-adult book or video store with Accessory Use: A use customarily inciden- less than twenty-five (25) percent of tal and subordinate to the principal use or floor space/gross income as described structure and located on the same lot there- herein. with. In no case shall such accessory use 2. Adult cabaret. Any establishment dominate, in area, extent, or purpose the which excludes minors by virtue of principal lawful use or structure. age wherein the entertainment is dis- Actuarial Rates: Or "risk premium rates" tinguished or characterized by an em- are those rates established by the Administra- phasis on the presentation, display, tor pursuant to individual community studies depiction or description of "specified and investigations which are undertaken to sexual activities" or "specified ana- provide flood insurance in accordance with tomical areas." 42 U.S.C. 4014 and the accepted actuarial 3. Adult conversation parlor. Any estab- principles. Actuarial rates include provisions lishment which excludes minors by for operating costs and allowances. reason of age and which provides the Adjacent: Nearby, not distant, may or service of engaging in or listening to may not have common property or district conversation, talk or discussion, if lines. such service is distinguished or char- Adult Businesses/Adult Uses: [Ordinance acterized by an emphasis on "sped 3642, 5/1/89] The following definitions shall fied sexual activities" or "specified govern the interpretation of the regulations of anatomical areas." adult uses. 4. Adult health/sport club. A 1. Adult book or video store. An estab health/sport club which excludes mi- lishment having twenty-five (25) per- nors by reason of age, or if such club icent or more of the retail floor space distinguished or characterized by presently being used by said business an emphasis on "specified sexual ac- or twenty-five (25) percent or more of tivities" or "specified anatomical ar- thegross business income derived eas." from or attributable to printed matter, 5. Adult massage parlor. A massage par- pictures, slides, records, audio tapes, for which restricts minors by reason of video tapes or motion picture films, age, or if such club is distinguished or which are distinguished or character- characterized by an emphasis on ized by an emphasis on matter depict- "specified sexual activities" or "speci- ing, describing or relating to "speci- fied anatomical areas." 2 CHAI'1 ER 3 DEFINITIONS 10-3-1 DEFINITIONS. 6. Adult mini-motion picture theater. A nesses, private clubs/establishments building or portion of a building with or places open to some or all members a capacity for less than 50 persons of the public,at or in which there is an used for presenting material if such emphasis on the presentation, display, building or portion of a building as a depiction or description of "specified prevailing practice excludes minors by sexual activities" or "specified ana- virtue of age, or if such material is dis- tomical areas" which are capable of tinguished or characterized by an em- being seen by members of the public. phasis on the depiction or description No adult use shall display, describe or of "specified sexual activities" or make visible from the exterior of the "specified anatomical areas" for ob- premises any product, medium of servation by patrons therein. communication, or activity that de- 7. Adult motion picture theater. A build- picts or describes "specified sexual ac ar- ing or portion of a building with a ca- pacity of 50 or more persons used for eas." presenting material if such building or 10. Protected uses. Protected uses include portion of a building as a prevailing a building in which a majority of floor practice excludes minors by virtue of space is used for residential purposes; age, or if such material is distin- a day care center where such day care guished or characterized by an em- center is a principal use; a house of phasis on the depiction or description worship; a public library; an elemen- of "specified sexual activities" or tary, junior high or high school (pub- "specified anatomical areas" for ob- lic, parochial or private); public park; servation by patrons therein. public recreation center or public spe- 8. Adult steam room/bathhouse facility. cialized recreation facility as identified A building or portion of a building in the parks and recreation element of used for providing a steam bath or the Waterloo Comprehensive Plan; a heat bathing room used for the pur- civic/convention center; a community pose of pleasure, bathing, relaxation, residential facility; a mission. How- reducing, utilizing steam or hot air as ever, this definition shall not apply if a cleaning, relaxing or reducing agent the protected use is a legal non- if such building or portion of a build- ing use. ing restricts minors by reason of age 11. "Specified anatomical areas" shall in- or if the service provided by the steam dude the following: room/bathhouse facility is distin- a. Less than completely and opaque- guished or characterized by an em- phasis on "specified sexual activities" ly covered: (a) human genitals, (b) pubic c)or"specified anatomical areas." femaleegion;breast(be ow ackp d oint mod) 9. Adult uses. Adult uses include, but mediately above the top of the are not limited to, adult book and vid- areola;and eo stores, adult motion picture thea- b. Human male genitals in a dis- ters, adult mini-motion picture thea- cernible rigid state even if com- ters, adult massage parlors, adult pletely and opaquely covered. steam room/bathhouse facilities, adult rap/conversation parlors, adult 12. "Specified sexual activities" shall in- health/sport clubs, adult cabarets, dude the following: and other premises, enterprises, busi- 3 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. a. Human genitals in a state of sex- hol sales use, (ii) a club or hotel or ual stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi ual intercourse or sodomy;or nances, (iii) an open-air event of not more than fivcfour days' dura- c. Fondling or other erotic touching tion that is open to the general of human genitals, pubic region, public, (iiiv) golf courses and pub- buttock or female breast. licly owned sports complexes or Alcohol Sales Uses: The following defini- facilities, ef-(iv) non-profit educa- tions shall govern the interpretation of the tional institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other 1. Alcohol - Protected Uses: Protected similar incidental alcohol sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a prin- plicable to alcohol sales uses gen- cipal use; a house of worship; a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- vate); public park; public recreation 4.b.Limited Alcohol Sales Use: (off- center or public specialized recreation premise consumption), which shall include an Anyalc ohol sales use h' facility as identified in the parks and recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or phar- ic/convention center; a community macy as defined above, provided residential facility that more than sixty0 a mission. How- (56 ) ever, this definition shall not apply if percent of its gross income is de- the protected use is a legal non- rived from, and more than sev- conforminguse. enty-five (75) percent of its retail floor space is devoted to, the sale 2. Alcohol Sales: The sale of alcohol and of merchandise, services for on- alcoholic beverages, as each such term Chapter 123 of the Iowa premises enjoyment, food, and is defined in Cha P beverages other than alcoholic Code, including but not limited to (i) beverages, in either case not in- liquor, beer or wine in closed contain- eluding the sale of tobacco prod- ers intended for off-premisesite con- ucts, lottery tickets, or pumped sumption, and (ii) liquor, cocktails, vehicle fuels such as gasoline, die- shots, wine, beer and any part of an sel and similar products, and pro- alcoholic beverage intended for on- vided further that not more than site consumption. twenty-five (25) percent of its 3. Alcohol Sales Use: Any business that gross income as so determined is derives income from alcohol sales derived from the sale of alcoholic Alcohol sales uses shall be classified beverages other than beer or wine. as one of the following: c. Limited Alcohol Sales Use (on- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall include, other than (i) include If such limited alcohol a restaurant that is a limited alco Gales use is (i) a restaurant that is 4 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. an alcohol sales use, provided that dance hall or similar establish- then more than fifty (50) percent ment. of its gross income shall be de Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, ting property. and (ii) an alcohol sales use pro- viding facility and product or ser- Animals, Farm: Animals other than vices rental, such as a bowling al- household pets, such as livestock, that, where ley, in which case more than fifty permitted, are kept and maintained for corn- (50) percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared food and non- Animals, Household Pet: Includes, but is alcoholic beverages. This use clas- not limited to, dogs, cats, rabbits, birds, ham- sification shall not include dance sters, and other similar animals kept for fam- halls, night clubs or similar facili- fly enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals, prepared food or product "Kenner sales other than alcoholic bever- ages. For purposes of this Ordi- Animals, Livestock: Includes, but is not nance, any alcohol sales use with limited to, horses, cows, pigs, sheep, chickens on-premise consumption that fails and poultry (excluding roosters), goats, os- to meet the gross income stan- triches, rheas, emus, farm deer, and other dards stated above shall be classi- similar animals that are typically raised for fied as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumption). Amendment: A change, supplement, revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. An amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, i.e., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on-premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use with on-premise consumption that Apartment House: See Dwelling, Multi- does not meet the definition of ei- pie. ther an incidental alcohol sales use Auction Establishments: Any property or or a limited alcohol sales use (on- structure devoted to public auction or sales, premise tion), commonly two (2) or more times a year, for selling of known as a bar, tavern,night club, private property or consigned goods, except 5 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. as provided in Section 3-4A-2 of the City ify regulations and restrictions as applied to Code. such property owners. Base Flood: The flood having one (1) per- Boarding or lodging House: A building cent chance of being equaled or exceeded in other than a hotel where for compensation, arty given year. (See One Hundred (100) Year meals or lodging and meals are provided for Flood). [Ordinance 5049, 6/20/11] three (3) or more persons. Basement: A story having part but not Building: Any structure designed or in- more than one-half(1/2) of its average height tended for the support, enclosure, shelter, or below grade. A basement is counted as a sto- protection of persons, animals or property, ry for the purpose of height regulations. A but not including signs or billboards. basement may be used as a habitable floor Building Height of: The vertical distance subject to the requirements of the currently from the average grade to the highest point of adopted Building Code. For floodplain man- agement purposes only, a basement shall the coping of a flat roof, or to the deck line of mean any enclosed area of a building having a mansard roof, or to the average height of its floor or lowest level below ground level the highest gable of a pitch or hip roof. (subgrade) on all sides. [Ordinance 5049, Building Line: A line,usually fixed paral- 6/20/111 lel to the lot line, beyond which a building Bed and Breakfast: A building other than cannot extend under the terms of the Zoning Ordinance. See also"Setback, Required". a hotel where, for compensation, meals or lodging are provided on a short-term basis. Bulk Stations: Distributing stations Short-term shall be defined as two weeks or commonly known as bulk or tank stations less. commonly used for the storage and distribu- tionBillboard: "Billboard" as used in this Or- of flammable liquids or liquefied petro- dinance shall include all structures regardless leum products where the aggregate capacities of all storage tanks is more than twelve thou- of the material used in the construction of the sand (12,000) gallons. This however is not same, that are erected,maintained or used for limited to flammable liquids, but also could public display of posters, painted signs, wall contain milk, syrups, vinegars and non signs, whether the structure is placed on the flammable chemicals. wall or painted on the wall itself, pictures or other pictorial reading matter which adver- Carport: A roofed structure providing tise a business or attraction which is not car- space for the parking of motor vehicles and ried on or manufactured in or upon the prem- enclosed on not more than two (2) sides. For ises upon which said signs or billboard are the purposes of this Ordinance, a carport at- located. tached to a principal building shall be consid- Board of Adjustment: A Board, who un- ered as part of the principal building and sub- der appropriate conditions and safeguards, Jett to all yard requirements herein. makes special exceptions to the terms of the Car Wash: A building or portion thereof Ordinances in harmony with its general pur- containing facilities for washing automobiles pose and intent. This is to be done in accor- or trucks, using production-line methods dance with general or specific rules therein with a chain conveyor, blower, steam- contained and provide that any property cleaning device, or other mechanical devices owner aggrieved by the action of the City in or providing space, water, equipment or soap adoption of such regulations and restrictions for the complete or partial hand washing of may petition the said Board directly to mod- such automobiles or trucks, whether by op- erator or by customer. 6 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Cellar: That portion of a building having parts of a building which would normally be more than one-half(1/2) of its average height used by all occupants such as yard, founda- below grade. A cellar is not included in com- tions, basements, floors, walls, roofs, hall- puting the number of stories for the purpose ways, stairways, elevators and all other re- of height measurement. A cellar may be used lated common elements. as a habitable floor subject to the require Conditional Zoning: The attachment of ments of the currently adopted Building special conditions of a rezoning request Code. which are not specifically spelled out in the Channel: A natural or artificial water- text of the Zoning Ordinance (Section 10-5-1 course of perceptible extent, with a definite (N)). bed and banks to confine and conduct con- Day Care: Day Care, as used in this Or- tinuously or periodically flowing water. dinance, shall be defined as either Family or Channel flow thus is that water which is Group Day Care, as defined by the Code of flowing within the limits of a defined chan- Iowa: nel. 1. Family Day Care means a person or Child Day Care Center. See Day Nursery program which provides child day or Nursery School. care to fewer than seven (7) children Clinics: A building or buildings used by at any one time or fewer than twelve physicians and/or dentists, osteopaths, chi- (12) children at any one time for a pe ropractors and allied professions for out riod of less than two (2) hours, but patient care of persons requiring such profes shall not do so unless the home does sional service. not provide care at any one time for more than six (6) children who are not Commission: Where found in this Ordi- attending school full time on a regular nance, unless otherwise indicated, this shall basis. In determining the number of mean the City of Waterloo Planning, Pro- children cared for at any one time in a gramming and Zoning Commission. registered or unregistered day care Common Land: A parcel or parcels of home, if the person who operates or land, together with the improvements there- establishes the home is a child's par- on, whether retained in private ownership for ent, guardian, relative, or custodian the shared use and enjoyment of the owners and the child is not attending school and occupants of the individual building full time on a regular basis, the child units in a planned unit development, or dedi- shall be considered to be receiving child day care from the person and cated to the general public. shall be counted as one of the children Comprehensive Plan: The document or cared for in the home. series of documents prepared and adopted by the Commission and City Council setting 2. A Group Day Care means a facility forth the policies for the future growth and providing child day care for more development of the community. It serves as than six (6) but fewer than twelve (12) the guide for many growth related decisions, children, with no more than six (6) including land use changes, zoning changes, children at one time being less than growth management and capital improve- six (6) years of age. [Ordinance 3755, ments programming. 12/10/90] Condominium: Individual ownership of a Day Care Center, Adult: Any private unit in a multi-unit structure with certain agency, institution, establishment or place which provides supplemental care and/or 7 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. educational work, other than lodging over- on a separate lot and separated from one an- night, for six (6) or more unrelated individu- other by an approved wall or walls. Such als• dwellings shall be required to maintain a compatible exterior appearance of both sides Deck A non-enclosed platform structure without a solid floor system and without a interms of the colors and types of siding, roofing landscaping and other additions such roof. Said platform will be comprised of a as shutters, doors, and windows. Any minor permeable plank or board system for the flooring. For decks located in the front yard, changes shall be similar in design to the de if a wall is built, it will be comprised of a non- sign of the adjoining dwelling unit. Further- solid spindle or board design with openings more, any type of damage or destruction to between boards to provide that no more than the dwelling unit, as a part or whole, which sixty (60) percent of the wall area is enclosed. activates an insurance policy shall be first ap- For decks not located in the front yard, if a plied to the replacement, repair, and mainte- solid wall is built, it shall not extend more nance of the dwelling unit. All new structures than forty-two (42) inches above the floor of or existing converted structures shall be re the deck. Structures not meeting the defini- quired to meet all applicable codes and ordi- tion of a deck shall be considered an unen- nances regarding building, fire, water and closed porch or an addition, and shall meet utility connections, subdivision, etc. [Ordi- the requirements as such. [Ordinance 4386, nance 4618, 6/16/03] For the purposes of this 10/18/99] Ordinance such individual unit on a separate lot shall not have to meet minimum bulk re- Department of Natural Resources (DNR): quirements, including lot area, lot width, and Where found in the Ordinance pertaining to side yard setback, however the overall row flood management, this shall mean the Iowa dwelling and total area for all lots to said row Department of Natural Resources (IDNR), the dwelling shall meet all minimum bulk re- State agency that has underlying flood plain quirements. permit authority for the State of Iowa. [Ordi- nance 3487, 6/15/87][Ordinance 5049, 6/20/11] Dwelling. Single-Family: A detached res idence designed for or occupied by one fam- Development: Any man-made change to fly only. improved or unimproved real estate, includ- ing but not limited to building or other struc- Dwelling, Two-Family: A residence de tures, mining, dredging, filling, grading, pay- signed for or occupied by two (2) families on ing,excavation, or drilling operations. ly, with separate bathroom or cooking facili- ties for each. All residences must meet build- Drive-In Establishment: See Restaurant. ing and zoning regulations for proper design, separation, density, parking, etc. for the Dwelling: Any building or portion there- of which is designed or used exclusively for number of dwelling units, including resi- residential purposes but not including a tent, dences that are converted to add additional cabin, trailer, mobile home, recreational vehi- its- cle, or similar motor vehicle. Dwelling Units: A room or group of Dwelling,Multiple: A residence designed rooms which are arranged, designed or used for or occupied by three (3) or more families, as living quarters for the occupancy of one with separate bathroom or cooking facilities family containing bathroom or kitchen facili- for each. ties. Dwelling, Row: Any one of two or more Existing Construction: For floodplain attached dwellings in a continuous row, each regulation only, any structure for which the such dwelling designed and erected as a unit start of construction" commenced before 8 CHAYI'ER 3 DEFINITIONS 10-3-1 DEFINITIONS. 07/03/85, the effective date of the first flood- (8) mentally or physically dependent indi- plain management regulations adopted by viduals. [Ordinance 3959, 7/26/93] [Ordinance the City of Waterloo. May also be referred to 4554, 6/3/02] Family Home shall also refer to as "existing structure". [Ordinance 5049, homes for other individuals protected by the 6/20/11] Fair Housing Amendments Act. Factory-Built Home Park or Subdivision: Farm: An area comprising thirty-five (35) A parcel or contiguous parcels of land di- acres or more which is used for the growing vided into two or more factory-built home of usual farm products, such as vegetables, lots for rent or sale. [Ordinance 3487, 6/15/87] fruits, and grain and their storing on the area, Any such development that will classify the as well as for the raising thereon of the usual structures as non-real estate will require a farm poultry and farm animals. The term Special Permit, as a mobile home park or "farming" includes the operation of such area subdivision. [Ordinance 5049, 6/20/11] for uses for treating or storing the food pro- Factory-Built Housing: A factory built duce, provided, however, that the operation of any such accessory uses shall be secondary structure designed for long-term residential to that of the normal farming activities and use. For the purposes of these regulations, factory-built housing consists of three (3) such accessory uses do not include the feed- types: modular homes, mobile homes, and ing of garbage or offal to swine or other ani- manufactured homes. mats' Factory-Built Structure: Any structure, Farm, Hobby: A small gathering of farm animals, excluding large animals such as cat- designed for residential use, which is wholly or in substantial part, made, fabricated, tle, horses, elk, deer or similar large animals. formed or assembled in manufacturing facili Such animals may be kept for commercial ties for installation or assembly and installa- production and sale, family food or by lion, on a building site. For the purpose of product production, and/or educational or recreational purposes, but not as a primary this Ordinance, including floodplain man- agement, factory-built homes include mobile source of income. homes, manufactured homes and modular Farm House: A house located on land homes and also include park trailers, travel operated as a farm which is, or will be, occu- trailers and other similar vehicles placed on a pied by a person engaged in agriculture on site for greater than 180 consecutive days. that same unit. [Ordinance 5049, 6/20/11] Fast Food: See Restaurant. Family: One or more persons occupying a single dwelling unit, provided that unless all Feed Lot: Any parcel of land or premises members are related by blood, marriage, or on which the principal use is the concentrated feeding within a confined area of cattle,hogs, adoption, no such family shall contain over or sheep. four (4) persons. This provision shall not re- strict children under foster care or exchange Fence, Non-Residential: A barrier and/or students. structure erected accessory to a non- Family Home: Family home providing residential use and not located in an "R" Dis- care for the mentally or physically dependent trict intended to provide security, mark a under Iowa Code Chapter 135C or as a child boundary or a means of landscaping with no foster care facility under Iowa Code Chapter portion of fence extending onto adjacent 237 to provide room and board, personal property or right-of-way. No such fence care, rehabilitation services, and supervision shall be constructed of salvaged material or within a family home for not more than eight use barbed wire, concertina wire, or similar 9 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. wire closer than six (6) feet to the ground ex- or watercourse which has been or may be cept a fence used purely for agricultural pur- covered by floodwater. poses. [Ordinance 4508, 9/4/01] Flood Plain Management: The operation Fence, Residential: A barrier and/or of an overall program of corrective and pre- structure erected accessory to a residential ventive measures for reducing flood damage, use or in an "R" District intended to provide including but not limited to emergency pre- security, mark a boundary, or as a means of paredness plan, flood control works and landscaping with no portion of fence extend- flood plain management regulations. ing onto adjacent property or right-of-way. Flood Protection System: Those physical Such fence shall be constructed of materials structural works constructed specifically to commonly used for landscape fencing such as modify flooding in order to reduce the extent masonry block, lumber, chain link, but shall of the area within a community subject to a not include corrugated sheet metal, barbed especial flood hazard." Such a system typi wire, concertina wire or similar wire, salvage cally includes levees or dikes. These special- material, or electrified. [Ordinance 4508, ized modifying works are those constructed 9/4/01] in conformance with sound federal engineer- Flood: A temporary rise in the channel ing standards. flow or stage that results in overflow of streams or rivers or from the unusual and Flood Proofing: Any combination of rapid runoff of surface waters from any structural and non-structural additions source that results in water overflowing and changes or adjustments to structures, includ inundating normally dry lands adjacent to mg utility and sanitary facilities, which the channel. [Ordinance 3393, 6/10/85] would preclude the entry of water. Structural components shall have the capability of re- Flood Elevation Determinations: A de- sisting hydrostatic and hydrodynamic loads termination of the water surface elevations of and the effect of buoyancy. the 100 Year Flood; that is, the level of flood- ing that has a one percent (1%) chance of oc Floodway: The channel of a river or stream and those portions of the flood plains currence in any given year. adjoining the channel, which are reasonably Flood Insurance Rate Map (FIRM): The required to carry and discharge flood waters official map prepared as part of (but pub- or flood flows associated with the Regulatory lished separately from) the Flood Insurance Flood, so that confinement of flood flows to Study which delineates both the flood hazard the floodway area will not result in substan- areas and the risk premium zone applicable tially higher flood levels and flow velocities. to the community. [Ordinance 3393, 6/10/85] [Ordinance 3393, 6/10/85] Flood Insurance Study (FIS): A study ini- Floodway Fringe: The land adjacent to a tiated, funded and published by the Federal body of water between the Floodway and the Insurance Administration for the purpose of outer (landward) limits of the flood as de- evaluating in detail the existence and severity fined by the Regulatory Flood as delineated of flood hazards, providing the City with the on the official flood plain zoning map. (Ordi- necessary information for adopting a flood nance 3393, 6/10/85] plain management program; and establishing Floor Area: Is the area included within actuarial flood insurance rates. [Ordinance the surrounding exterior walls of building or 3393, 6/10/85] portion thereof, exclusive of vent shafts and Flood Plain:The relatively flat area of low courts. The floor area of a building, or portion lands adjoining the channel of a river, stream, thereof, not provided with surrounding exte- 10 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. rior walls shall be the useable area under the include those gaining facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Com- above. mission and other gaming facilities which Floor Area Ratio: The gross floor area of may not be licensed by the State of Iowa Rac- all buildings on a lot divided by the lot area mg & Gaming Commission. [Ordinance 4735, on which the building or buildings are lo- 10/18/04] cated. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the private motor vehicles of the families resident sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal used shall be determined by a fraction, the structure shall be considered as part of the numerator of which is the total square foot- principal structure and subject to all yard re age of retail floor space occupied by free- standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may include such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products;for the render- space includes enclosed display cases. The ing of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehicles, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs gardless of the actual floor space that is phys- of a major type are defined to be spray paint- ically occupied. ing, body, fender, clutch, transmission, differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines,requiring the removal of engine cylinder head or crankcase pan, re- the residents by blood or adoption. pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading of the lot lines abutting a street, or the lot line of tires. that the principal structure faces if no lot line Group Home: A facility that is not regu abuts a street, public or private. For double lated under Chapters 135C or 237 of the Iowa frontage lots, the front lot line shall be the Code or other state law and which,regardless street lot line that the principal structure faces or is addressed from. of size, provides living arrangements with shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring per- roulette, slot machines, blackjack, and other sonal assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- ll CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. cause they are unable to adequately or prop- Halfway (Rehabilitation) House: An es- erly care for themselves by reason of physical tablishment for adolescents convicted as or mental disability, illness or disease, (b) in adults or adults who are serving a deferred need of temporary housing due to abuse, judgment, are in a pre-trial status, or have homelessness or emergency need or (c) a been institutionalised or jailed for various group of people who do not meet the defini- reasons and released to a facility that pro- tion of family under this Ordinance but who vides shelter, supervision and short-term re- occupy a single dwelling unit as a single habilitative services; usually not licensed by housekeeping unit. A group home shall also state or local agency but may be subject to include substance abuse facilities and juvenile provisions of local building and health codes. centers,but does not include a bed and break- Facility usually sponsored by health or wel- fast, boarding or lodging house, rooming fare agency, or sectarian organization. [Ordi- house, or halfway (rehabilitation) house, as nance 4554, 6/3/02) such terms may be defined in this Ordinance. Health/Sport Clubs: A non-medical ser- A group home may be one of the following vice establishment intended to maintain or types: improve the physical condition of persons. 1. Voluntary supervised. This group Contains exercise facilities, game equipment, home is occupied by individuals steam baths, saunas, tanning equipment not placed therein involuntarily and/or similar facilities. and shall be supervised 24 hours a Historic Structure: [Ordinance 4125, day, 7 days a week, and the or- 9/11/95] ganization needs to demonstrate funding for such supervisory per- Any structure that is: sonnel. [Ordinance 4554, 6/3/02)2. 1. Listed individually in the National 2. Voluntary unsupervised. This Historic Register of Historic Places group home is occupied by indi- (a listing maintained by the De- viduals not placed therein invol- partment of Interior) or prelimi- untarily and lacks 24-hour super- narily determined by the Secretary vision. [Ordinance 4554, 6/3/02] of the Interior as meeting the re- quirements for individual listing 3. Involuntary supervised. This on the National Register; group home shall be supervised 24 hours a day, 7 days a week, and 2. Certified or preliminarily deter- the organization needs to demon- mined by the Secretary of the Inte- strate funding for such supervi- rior as contributing to the historic sory personnel. For this significance of a registered historic definition, "involuntary" means district or a district preliminarily that someone in a position of legal determined by the Secretary to authority has sent the qualify as a registered historic dis- individual(s) to the group home. trict; [Ordinance 4554, 6/3/02] 3. Individually listed on the State In- Habitable Floor: Any floor used for liv- ventory of Historic Places; ing, which includes working, sleeping, eating, 4. Individually listed on the local in- cooking or recreation or combination thereof. ventory of historic places. A floor used only for storage purposes is not a"habitable floor." Home Occupation: A home occupation is an accessory use of a dwelling unit, con- 12 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. ducted entirely within the dwelling unit, car- dation and entertainment of the patron, in- ried on by one or more persons, all of whom cluding the service of alcoholic beverages reside within the dwelling unit and where no shall be permitted. [Ordinance 3050, 11/1/79] persons living outside the home are em- ployed other than resident and domestic Junk Vehicle, Salvage Vehicle: A motor vehicle or other vehicle, or portion thereof not help. The use is clearly incidental and secon- dary to the use of the dwelling for residence in running condition or not licensed for the purposes and does not change the character current year as provided by law. No junk ve thereof or adversely affect the uses permitted hide shall be kept, stored, or otherwise to in the residential district of which it is a part. cated anywhere except in an enclosed There shall be no outside storage of any kind; building or in an approved and licensed and any indoor storage, construction, altera- junk or salvage yard. tions, or electrical or mechanical equipment Junk Yard: See Recycling,Junk or Salvage used shall not change the fire rating of the Yard structure of the fire district in which the struc- Juvenile Center: See Group Home (Super- ture is located. The use may increase vehicu- vised or Unsupervised) [Ordinance 4554, lar traffic flow and parking by no more than 6/3/02] one additional vehicle at a time. It shall not cause an increase in the use of one or more Juvenile Detention Center: See Halfway utilities (water, sewer, electricity, telephone, (Rehabilitation) House [Ordinance 4554, or garbage) so that the combined total use of 6/3/02] dwelling and home occupation purposes of Kennel: Any building or lot on which five the one or more utilities exceeds the average (5) or more dogs or five (5) or more cats six for residences in the neighborhood. When a (6) months old or older are housed, bred, use is a home occupation, it means that the boarded, trained, groomed or sold. This owner, lessee, or other persons who have a would allow for up to 4 dogs and up to 4 cats legal right to the use of the dwelling unit also in a residential setting. have the vested right to conduct the home occupation without securing special permis Kennel, Boarding: A place or establish- sion to do so. However, such person shall be ment other than a pound or animal shelter subject to all conditions, which are applied in here dogs or cats not owned by the proprie this Ordinance generally, such as off-street tor are sheltered, fed and watered in return parking, and to all other permits required for a consideration. under the City code, such as Building Permits Lot: For the purposes of this Ordinance, a and Business Licenses. lot is a parcel of land of at least sufficient size Hotel: A building containing twenty (20) to meet minimum zoning requirements for or more individual sleeping rooms or suites use, coverage and area to provide such yards and other open space as are herein required.having each a private bathroom attached theretoSuch lot shall have frontage on a public street for the purpose of providing p p p o Iding over- g night lodging facilities to the general public or private street and may consist of: (a) a sin- for compensation with or without meals ex- gle lot of record; (b) a portion of a lot of re eluding accommodation for employees and in cord; (c) a combination of complete lots of which ingress and egress to and from all record; of complete lots of record and por- lions of lots of record; or of portions of lots of rooms is made through an inside office or lobby supervised by a person in charge at all record; and (d) a parcel of land described by hours. Where a hotel is permitted as principal metes and bounds; provided that in no case use, all uses customarily and historically an of division or combination shall any residen- tial lot or parcel be created which does not accessory thereto for the comfort, accommo 13 CHAFFER 3 DEFINITIONS 10-3-1 DEFINITIONS. meet the requirements of this Ordinance; and sions of Section 10-22-3(B)(13); further provided that any lots created after and, January 1, 1978 shall be done so in confor- mance with the Waterloo Subdivision Ordi- 2. The enclosed area is unfinished nance and Chapter 409 of the Code of Iowa. (not carpeted, dry walled, etc.) A lot may also be referred to as a property. and used solely for low damage potential uses such as building ac- Lot, Corner: A lot abutting upon two (2) cess,parking or storage;and or more streets at their intersection. 3. Machinery and service facilities Lot Depth: The mean horizontal distance (e.g., hot water heater, furnace, between the front and rear lot lines. In the electrical service) contained in the case of a corner lot, the lot depth is the great- enclosed area and located at least er of the mean horizontal distances between one (1) foot above the 100-year the front lot lines and the respective side lot flood level; and line opposite each. 4. The enclosed area is not a "base- Lot, Double Frontage: A lot having a ment" or"cellar" as defined in this frontage on two (2) non-intersecting streets, Section. as distinguished from a corner lot. In cases where the lowest enclosed Lot, Interior: A lot other than a corner area satisfies criteria a, b, c, and d lot. above, the lowest floor is the floor Lot Lines: The property lines bounding a of the next highest enclosed area lot. that does not satisfy the criteria above. [Ordinance 3487, 6/15/87] Lot of Record: A lot which is a part of a subdivision recorded in the Office of the Main Body: Is the area included within County Recorder of Black Hawk County pri the surrounding exterior walls of the dwell- or to February 3, 1969, or a lot or parcel de- ing. Used for living,sleeping, eating,cooking, scribed by metes and bounds prior to Febru- recreation or a combination thereof. ary 3, 1969, the description of which has been Manufactured Home: A factory-built sin- so recorded. gle-family structure, which is manufactured Lot, Reversed Frontage: A corner lot, or constructed under the authority of 42 whose frontage is considered along the long- U.S.C. Sec 5403, National Manufactured Home Construction and Safety Standards Act er dimension street frontage. of 1974, and is to be used as place for hu- Lot Width: The width of a lot measured man habitation, but which is not constructed at the required building line and at right an- with a permanent hitch or other device allow- gles to its depth. ing it to be moved other than for the purpose Lowest Floor: The floor of the lowest en- of moving it to a permanent site, and which does not have permanently attached to its closed area in a building including a base- ment or cellar, except when all the followingbody or frame any wheels or axles. A mobile p home is not a manufactured home, unless it criteria are met: has been converted to real property and is 1. The enclosed area is designed to taxed as a site-built dwelling. For the pur- 1 flood to equalise hydrostatic pres- poses of these regulations, a manufactured sure during floods with walls or home built after June 15, 1976, shall bear the openings that satisfy the provi- seal certifying that it is in compliance with the National Manufactured Home Construction 14 CHA1'1 ER 3 DEFINITIONS 10-3-1 DEFINITIONS. and Safety Standards Act of 1974. For the this shall also mean factory-built home parks purpose of these regulations, manufactured or subdivisions. [Ordinance 3487, 6/15/87] The homes shall be subject to the same standards location or development of a mobile home as site-built dwellings. park or subdivision shall only be permitted Mean Sea Level Where found in the Or- upon the issuance of a Special Permit by the dinance pertaining to flood management, this Board of Adjustment after review by the shall mean National Geodetic Datum. [Ordi- This shall also include a factory- nance 3487, 6/15/87] built home park or subdivision if the struc- tures are not classified as real estate. Mini-storage: The commercial rental of multiple storage spaces on a single site. Such Modular Home: Factory-built housing certified as meeting the State Building Code developments generally have multiple exte- rior doors for separate entrance to individual as applicable to modular housing. For the rental spaces. [Ordinance 4683,4/12/04] purposes of these regulations, once certified by the State, modular homes shall be subject Mobile Home: Any vehicle without mo- to the same standards as site-built dwellings. five power used or so manufactured or con- structed as to permit its being used as a con Motel A building or group of buildings veyance upon the public streets and high- which: (a) contains living or sleeping accom ways and so designed, constructed or recon- structed as will permit the vehicle to be used from outside the building to serve each living or sleeping unit. Where a motel is permitted as a place for human habitation by one or more persons; but shall include any such ve- as a principal use, all uses customarily and hide with motive power not registered as a historically accessory thereto for the comfort, vehicleaccommodation and entertainment of thepa- motor in Iowa. A mobile home shall not be construed to be a travel trailer or other tron, including the service of alcoholic Bever ages shall bepermitted. [Ordinance 3050, form of recreational vehicle. A mobile home g shall be construed to remain a mobile home, 11/1/79] Ordinance 4592, 1/6/03] subject to all regulations applying thereto New Construction (new buildings, new whether or not wheels, axles, hitch or other factory-built home parks): For floodplain appurtenances of mobility are removed and management purposes only, those structures regardless of the nature of the foundation or development for which the start of con- provided. Nothing in this Ordinance shall be struction commenced on or after July 3, 1985. construed as permitting a mobile home in [Ordinance 3393, 6/10/85] [Ordinance 5049, other than an approved location, as specified 6/20/11] in this Ordinance (see Section 10-27-1(M)). A Non-Conforming Use: Any building or mobile home shall not be used as an acces- land lawfully occupied by use as of the adop- sory structure. Where found in this tion of any zoning ordinance or amendment Ordinance pertaining to flood management, thereto which does not conform after the this shall also mean factory built homes. adoption of said ordinance or amendment [Ordinance 3487, 6/15/87] with the regulations of the district in which it Mobile Home Parks or Subdivisions: Any is situated. (Improvements constructed after lot or portion of a lot upon which two (2) or the adoption of a zoning ordinance or more mobile homes or trailers occupied for amendment thereto which do not meet re- dwelling or sleeping purposes are located quired parking and loading regulations, regardless whether or not a charge is made height regulations, area regulations and resi- for such accommodation. Where found in the dential flood area regulations for the district Ordinance pertaining to flood management, in which they are located are not non- 15 CHAYI ER 3 DEFINITIONS 10-3-1 DEFINITIONS. conforming uses as defined above.) The date maneuvering space for the parking of a motor on which a lot, structure, use of land and vehicle. Space for maneuvering, incidental to structure, or characteristics of use became or parking or unparking, shall not encroach up- becomes non-conforming is referred to in this on any public right-of-way. Ordinance as the"date of non-conformity." Parking Space: An area of not less than Nursing or Convalescent Home: A build- one hundred sixty-two (162) square feet plus ing or structure having accommodation and necessary maneuvering space for the parking where care is provided for invalid, infirm, of a motor vehicle. Space for maneuvering, aged, convalescent, physically disabled, or incidental to parking or unparking, shall not injured persons, not including insane and encroach upon any public right-of-way. other mental cases, inebriate, or contagious Planned Unit Development: A tract of cases. land planned and developed as an integrated Obstruction: Any dam, wall, wharf, em- unit under single ownership or control. Con- bankment, levee, dike, pile, abutment, projec- trol in this context may, in addition to single tion, excavation, channel, rectification,bridge, ownership, be vested in partnerships, corpo- conduit, culvert, building, wire, fence, rock, rations, syndicates or trusts comprised of gravel, junk, solid waste refuse, fill or other owners of separate and contiguous tracts of analogous structure or matter in, along, land who join together in a good and suffi- across or projecting into any floodway which dent agreement for the purposes of develop- may impede, retard, or change the direction ing their respective properties according to of the flow of water, either in itself or by one integrated plan. catching or collecting debris carried by such Porch, Unencloseth A roofed projection water, or that is placed where the natural which has no more than sixty (60) percent of flow of the water would carry the same each outside wall area enclosed by a building downstream to the damage or detriment of or siding material other than meshed screens. either life or property. If said unenclosed porch extends over a re- Official Flood Plain Zoning Map: The quired front or rear setback as provided here- maps on file with City of Waterloo that indi- in then the outside wall shall be a non-solid cate those portions of land known as the wall utilizing a spindle or board design with Floodway, Floodway Fringe, General Flood openings between boards to provide that no Plain and Shallow Flooding which are subject more than sixty (60) percent of the wall area to the regulations of this Ordinance. [Ordi- is enclosed, or a solid wall when extending nance 3393, 6/10/85] not more than forty-two (42) inches above the One Hundred (100) Year Flood: A flood, floor of the porch. the magnitude of which has a one (1) percent Principal Permitted Use: The main use of chance of being equaled or exceeded in any land or structures, as distinguished from a given year or which, on the average, will be secondary or accessory use, or Special Permit equaled or exceeded at least once every one use. hundred (100)years. [Ordinance 5049, 6/20/11] Public Utility: Public or quasi-public dis- Overlay District: A district which acts in tributing or operating equipment for related conjunction with the underlying zoning dis- services for telephone, cable television, elec- trict or districts. tricity, gas, sewer and water, and other essen- Parking Lot, Off-Street: A parcel of land t>al commodities or services such as transpor- devoted to unenclosed parking spaces for tation or communication. This includes pri- more than five (5) vehicles, plus necessary vately owned structures and equipment 16 CHAI'i ER 3 DEFINITIONS 10-3-1 DEFINmONS. when used to provide an essential commod- ing, and not including the processing of used, ity or service to the public. discarded or salvaged materials as part of Rear Lot Line: Ordinarily that line of a lot manufacturing operations, and not including which is opposite and farthest from the front contractors storage yards, and not including lot line. In triangular or other odd-shaped lots rubble fill deposited on property in compli- the rear lot lines shall be determined by the ance with 4-3B of the Code of Ordinances. For the purpose of this Ordinance, the term City Planner or designee. "actively restored to running condition" in Recreational Vehicle: [Ordinance 4125, other than a recycling, junk or salvage yard 9/11/95] shall mean if within the last thirty (30) days A vehicle which is: the owner of the business or premises on which the vehicle is located has spent at least 1. Built on a single chassis; ten (10) hours of labor in the repairing, re- 2. 400 square feet or less when building or reconstruction of the motor vehi- measured at the largest horizontal cle. The burden shall be on the owner to projection (this provision is for prove that it is being actively restored which floodplain management purposes may include receipts for the purchase of parts only);[Ordinance 5049, 6/20/11] and supplies during the last thirty (30) days which have been installed in the vehicle. This 3. Designed to be self-propelled or exception for motor vehicles being actively permanently towable by a light restored shall not extend to vehicles from duty truck; and which parts are being taken to restore another 4. Designed primarily not for use as vehicle. Parts being used in the restoration of a permanent dwelling but as tern- a motor vehicle must be stored in an enclosed porary living quarters for recrea- building while restoration work is not taking tional, camping, travel or seasonal place. For the purposes of this Ordinance, the use. term "recycling yard" shall include a "junk yard", "salvage yard", or "auto salvage Recycling, Junk or Salvage Yard: Any yard". place where materials that would otherwise be considered waste, are collected, separated, Regulatory Flood: A flood which is rep- or processed to be used as raw materials. Ma- resentative of large floods known to have oc- terials would indude, but not be limited to: curred generally in the area and reasonable scrap iron or other metals, motor vehicles not characteristic of what can be expected to oc- in running condition and not being actively cur in a particular stream. The regulatory restored to running condition, parts of vehi- flood has a frequency of approximately 100 des, plastic bottles or containers, rags, paper years determined from an analysis of floods cardboard, glass and tires. [Ordinance 3864, on a particular stream and other streams in 6/3/92] This would also include any area the same general region. where waste, discarded, or salvaged materi- Regulatory Flood Protection Elevation: als are bought, sold, exchanged, baled or The elevation to which uses regulated by this packed, disassembled, kept, stored or han- Ordinance are required to be elevated or died, including house wrecking yards, used floodproofed. lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not in- cluding areas where such uses are conducted entirely within a completely enclosed build- 17 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Restaurants: ing construction and rubble fill in conjunction 1. Drive-In Establishment: An estab with an approved development plan would lishment which by design or phys not be considered a rubble disposal site or ical facilities or by service or pack- rubble fill site. [Ordinance 3590, 10/17/88] aging procedures, encourages or Rubble Fill: Material or refuse such as permits customers to receive or dirt, rock, stone, brick or similar inorganic obtain a product which may be material. [Ordinance 3590, 10/17/88] used or consumed in an automo- Salvage Yard: See Recycling, Junk or Sal- bile on the premises or to be enter- vage Yard. tamed while remaining in an au- tomobile. This term does not in- Screen: A wall or fence or area of planting dude sidewalk or patio cafes that provides an effective visual barrier. For where service is provided to tables a single row the screen shall consist of only. Spruce, Firs, or Pines spaced at a maximum spacing of 15 feet or a double staggered row 2. Fast Casual Type: Where custom- of Spruce, Firs, or Pine spaced at a maximum ers are normally served at the same table or counter at which spacing of 20 feet within each row; for Arbor- items are consumed but customers vitae and Juniper the spacing shall be a dou- are served with disposable dishes ble staggered row with maximum spacing of and cutlery which are expected to 10 feet within each row, or a single row with maximum spacing of 6 feet. In the case of a be disposed of by the customer. wall or fence, it shall be solid with a mini- 3. Fast Food Type: Where customers mum height of six (6) feet; in the case of are normally served their food or plantings, the minimum height shall be four beverages in disposable containers (4) feet at the time of planting. Alternative for consumption on the premises plantings and spacings may be approved by or within a motor vehicle. the City Planner or designee and still consti- 4. Standard Type: Where customers lute a screen. are normally provided with an in- Setback: The minimum distance between dividual menu and are served the lot line and the foundation of a building their food or beverages by a res- or any projection thereof, excluding the pro- taurant employee at the same ta- jection of the usual steps, overhanging balco- ble or counter at which said items rues or other ordinary projections in accor- are consumed. dance with 10-27-1(F) or and unenclosed Rooming House: A building where a porches and decks in accordance with 10-27- room or rooms are provided for compensa- 1(G) and other necessary approaches to the tion to three (3) or more persons. building. Rubble Disposal Site or Rubble Fill Site: Setback, Average: Averaging the setback distance of one or more existing structures to The premises where rubble fill is placed, set down or deposited for the purpose of, or modify the required setback as stated in the which has the result or effect of changing the yard requirements for a particular district, as existing contour or raising the elevation of provided in Section 10-5-1(H). said land with 25 cubic yards or more of fill. Setback Line: A line which determines A fill site is also where the owner/operator the minimum location of a building or struc- advertises "fill wanted" regardless of the vol- tare with respect to any lot line based on the ume. Temporary above-ground storage dur- required setback. 18 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Setback, Required: The setback as stated ter a public hearing by the Board of Adjust- in the yard requirements for a particular dis- went and recommendation of the Commis- trict, except as modified by the average set- sion, that meets the necessary conditions and back requirement or other requirement of this safeguards for its operation, including a pub- Ordinance. See also"Building Line". lic or private use which possesses unique Side Lot Lines: Any lot lines which meet characteristics that may affect the community the end of a front lot line. or surrounding area, and therefore deserves special consideration and permission before Sign: Any structure or device designed or being established. Such use may also be re- intended to convey information to the public ferred to as a "special exception," "use excep- in written or pictorial form for the purpose of lion" or "conditional use". [Ordinance 4735, bringing the subject thereof to the attention of 10/18/04] the public. Flags displayed from flagpoles or Stable, Private: A building or structure staffs will not be considered to be signs. See used or intended to be used for housing hors- Outdoor Advertising Signs and Billboards, Section 10-26-1. [Ordinance 4724, 9/20/04] es belonging to the owner of the property on- ly for non-commercial purposes. Site Plan: A plan, to scale, showing uses and structures proposed for a parcel of land Stable, Public and Riding Academy: A building or structure used or intended to be as required by the regulations involved. It includes lot lines, streets, building sites, re- used for the housing only of horses on a fee served open space, building, major landscape basis. Riding instructions may be given in features, and the location of proposed utility connection with a public stable or riding lines. academy. Site Plan: A plan, to scale, showing uses Stable, Riding Club: A building or struc- and structures proposed for a parcel of land ture used or intended to be used for the hous- as required by the regulations involved. It mg only of horses by a group of persons for includes lot lines, streets, building sites, re non-commercial purposes. served open space, building, major landscape Start of Construction: Includes substan- features, and the location of proposed utility tial improvement, and means the date the de- lines. velopment permit was issued, provided the Site Plan Amendment: A change in the actual start of construction, repair, recon struction, rehabilitation, addition, placement, site plan of any "planned" or site plan spe- cific zoning district after the Council has ap- or other improvement, occurs within 180 proved the site plan. The R-P, C-Z, S-1, C-P, days of the permit date. The actual start means either the first B-P and M-2,P District require Site Plan placement or perma- B-P nent construction of a structure on a site, such Amendment, which shall be approved v pp o ed as el as pouring of a slab or footings, the installa- ther a minor Site Plan Amendment or major tion of pile, the construction of columns, or Site Plan Amendment as provided in this Or- any work beyond the stage of excavation; or dinance. the placement of a factory-built home on a Special Flood Hazard Area: The land foundation. Permanent construction does not within a community subject to the "100-year include land preparation, such as clearing, flood". This land is identified as Zone A,AH, grading or filling; nor does it include the in- AO or AE on the Flood Insurance Rate map. stallation of streets and/or walkways; nor [Ordinance 5049, 6/20/11] does it include excavation for a basement, Special Permit A use allowed in any dis- footings, piers, or foundations or the erection trict, where permitted by this Ordinance, of of temporary forms; nor does it include the 19 CHAI'J ER 3 DEFINITIONS 10-3-1 DEFINITIONS. installation on the property of accessory be permitted on separate lots with diverse buildings such as garages or sheds not occu- ownership when separated from one another pied as dwelling units or not part of the main by an approved wall or walls, and shall not structure. For a substantial improvement, the be required to meet the side yard setback re- actual start of construction means the first quirements of the district in which it is 10- alteration of any wall, ceiling, floor or other cated where the structure abuts another use structural part of the building,whether or not or unit. All new structures or existing con- that alteration affects the external dimensions verted structures on separate lots with di- of the building. [Ordinance 5049, 6/20/11] verse ownership shall be required to meet all applicable codes and ordinances regarding Story: That portion of a building in- eluded between the surface of any floor and building, fire, water and utility connections, drainage, subdivision, etc., and shall provide the surface of the floor next above it, or if permanent cross easements for access, park- there be no floor above it, then the space between the floor and the ceiling or roof next mg, and utilities and permanent maintenance abo it. agreements for shared infrastructure, such as btory, Half: A space under a sloping roof the parking and vehicular use areas, storm which has the line of intersection of roof water detention, utility connections, etc. [Or- decking and wall face not more than four (4) dinance 4774, 06/06/05] feet above the top floor level. Structural Alterations: Any replacement Street Line: The right-of-way line of a or changes in the types of construction or in street. the supporting members of a building such as Street, Private: Any private way, which bearing walls or partitions, columns, beams, has not been dedicated to the public or deed- or girders, beyond ordinary repairs and ed to the City for street purposes and has maintenance. been approved by the City Council after rec- Structure: Anything constructed or erect- ommendation by the Commission and City ed including, but not limited to, buildings, Engineer. mobile homes, factory built homes, fences, Street, Public: Any thoroughfare or pub- billboards and signs. [Ordinance 4725, lic way which has been dedicated to the pub- 09/20/04] lic or deeded to the City for street purposes Structure, Height of The vertical distance and which has been approved by the City from the average grade to the highest point. Council after recommendation by the Corn- See"Building, Height of" for buildings. mission and the City Engineer. Structure, Principal: The main or primary Strip Development or Strip Mall: Any structure on a lot used or intended for use for commercial development, including profes- a principal use. This shall not prohibit more sional office, where multiple uses or units are than one principal structure on a lot if all oth- designed and erected as individual buildings er requirements of this Ordinance are met. attached in a continuous row. Any type of Substance Abuse Facility: See Group damage or destruction to the structure, as a Home (Supervised or Unsupervised) [Ordi- part or whole, which activates an insurance nance 4554, 6/3/02] policy shall be first applied to the replace- ment, repair, and maintenance of the strut- Substantial Damage: Damage of any ori- ture. Such structures shall be permitted in gin sustained by a structure whereby the cost any Zoning District where the proposed use of restoring the structure to its before-damage or uses are a permitted use. In addition, the condition would equal or exceed 50% of the uses or units within the overall structure shall 20 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. market value of the structure before the dam- ment is permitted to grant in cases where age occurred. [Ordinance 3810, 8/19/91] strict enforcement of said provisions would cause undue hardship owingto circum- Substantial Improvement: Any im- provement to a structure which satisfies ei- ther of the following criteria: 1.) Any repair, which the Variance is sought. reconstruction, rehabilitation, addition or im- Vehicle: Any device in, upon or by which provement of a structure, the cost of which a person or property is or may be transported equals or exceeds 50% of the market value of or drawn upon a highway or street,excepting the structure either (a) before the start of con- devices moved by human power or used ex- struction of the improvement, or (b) if the elusively upon stationary rails or tracks, and structure has been substantially damaged and shall include, without limitation, a motor ve- is being restored, before the damage oc- hide, automobile, truck, trailer, motorcycle or curred. The term does not, however, include any combination thereof. either (1) any project for improvement of a Violation: The failure of a use, structure, structure to correct existing violations of state or other development to be fully compliant or local health, sanitary or safety code specifi- with the terms of this Ordinance, as may be cations which have been identified by the lo- amended or modified. cal code enforcement officer and which are the minimum necessary to assure safe living Yard: An open space on the same lot with conditions or (2) any alteration will not pre- a building or structure unoccupied and unob- dude the structure's continued designation as structed by any portion of a structure except a "historical structure." [Ordinance 3810, as provided herein. In measuring a yard for 8/19/91] 2.) Any addition that increases the the purpose of determining the depth of a original floor area of a building by 25 percent front, side, or rear yard, the least distance be- or more. All additions constructed after July tween the lot line and the foundation of a 3, 1985 shall be added to any proposed addi- principal building shall be used. tion in determining whether the total increase Yard, Front: A yard extending across the in original floor space would exceed 25 per- full width of the lot and measured between cent. [Ordinance 5049, 6/20/11] the front lot line and the foundation of a prin- Trailer: See"Mobile Home." cipal building or any projection thereof, other Trailer Park See "Mobile Home Park." than the projection of the usual steps, over- hanging balconies other ordinary projections Used Car Lot: A designated location in accordance with 10-27-1(F) or unenclosed wherein proper and adequate facilities shall porches and decks in accordance with 10-27- be maintained for displaying, reconditioning 1(G). and repairing any motor vehicle of a type Yard, Rear. A yard extending across the subject to registration under the laws of the full width of the lot and measured between State of Iowa. the rear lot line and the foundation of a prin- Use, Principal: The main or primary cipal building or any projections thereof, oth- purpose for which a building, structure or lot er than the projection of the usual steps, is designed, arranged, or intended, or for overhanging balconies, other ordinary projec- which they may be used, occupied, or main- lions in accordance with 10-27-1(F) or unen- tained under this Ordinance. closed porches and decks in accordance with Variance: A device which grants a prop- ' 10-27-1(G). On both corner lots and interior erty owner relief from certain provisions of lots the rear yard shall be the opposite end of this Ordinance which the Board of Adjust- the lot from the front yard. 21 CHARTER 4 DISTRICT AND BOUNDARIES 10-4-1 CLASSIFICATION OF DISTRIL 15. Yard, Side: A yard extending from the "S-1" Shopping Center District front yard to the rear yard and measured be- "C-1" Neighborhood Commercial District tween the side lot lines and the foundation of "C-2" Commercial District a principal building or any projection thereof, "C-P" Planned Commercial District other than the projection of the usual steps, "B-P" Business Park District overhanging balconies or other ordinary pro- "C-3" Central Business District jections in accordance with 10-27-1(F). "M-1" Light Industrial District Zero Lot Line: A development approach M 2" Heavy Industrial District in which a building is situated on one or more "M-2,P" Planned Industrial District lot lines with no yard. The "R-P" District is in conjunction with oth- er Residential Districts, i.e., R-1,R-P; R-2,R-P; CHAPTER 4 R-3,R-P; and R-4,R-P. The "C-Z" District is in DISTRICT AND BOUNDARIES conjunction with other Districts, i.e., R-1,C-Z; R-2,C-Z; R-3,C-Z; R-4,C-Z; C-1,C-Z; C-2,C-Z; [Ordinance 3393, 6/10/85] and M-1,C-Z. 10-4-1 CLASSIFICATION OF DISTRICTS. 10-4-2 CLASSIFICATION OF FLOOD In order to classify, regulate and restrict PLAIN OVERLAY DISTRICTS. the location of trades and industries, and the [Ordinance 3393, 6/10/85] location of buildings designed for specified uses, to regulate and limit the height and bulk In order to classify, regulate and restrict of buildings hereafter erected or altered, to the location of trades and industries and the regulate and limit the intensity of the use of location of buildings designed for specific us- lot areas and to regulate and determine the es, to regulate and limit the height and bulk area of yards, courts, and other open spaces of buildings hereafter erected or altered, to within and surrounding such buildings, the regulate and limit the intensity of the use of City of Waterloo,Iowa,is hereby divided into lot areas and to regulate and determine the sixteen (16) classes of districts. [Ordinance area of yards, courts and other open spaces 4709, 8/9/04] The use, height and area regula- within and surrounding such buildings with- tions are uniform in each class of district, and in established flood prone areas, the City of said districts shall be known as: Waterloo, Iowa is hereby divided into four(4) classes of flood plain "overlay" districts. The A-1 Agricultural District use, h "R-R" Rural Residence District height and area regulations are uniform in each class of said district, and the districts R-1 One and Two Family Residence Dis- shall be known as: trict "R-2" One and Two Family Residence Dis- "F-W" Floodway (Overlay) District trict "F-F" Floodway Fringe (Overlay) District "R-3" Multiple Residence District "F-P" General Flood Plain(Overlay) District "R-4" Multiple Residence District "S-F" Shallow Flood (Overlay) District "R-P" Planned Residence District 10-4-3 FINDING OF FACT. "C-Z" Conditional Zoning District [Ordinance 3487, 6/15/87] A. The flood hazard areas of Waterloo are subject to periodic inundation which can result in loss of life and property and health; and, safety hazards, disruption or 22 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4 1 DISTRICT BOUNDARIES AND OFFICIAL ZONING MAPS. commerce and governmental services, ex- shall be the responsibility of the City Planner tra ordinary public expenditures for flood or designee to see that the Zoning Map is protection and relief, and impairment of kept current at all times. [Ordinance 4795, the tax base; all of which adversely affect 12/12/05J the health, safety, and general welfare of the community. 10-4-5 ESTABLISHMENT OF OFFICIAL B. These losses, hazards and related adverse FLOOD PLAIN ZONING MAP. effects are caused by (i) the occupancy of [Ordinance 3393, 6/10/85] flood hazard areas by uses vulnerable to The Flood Insurance Rate Map (FIRM)for flood damages which create hazardous Black Hawk County, City of Waterloo, Panels conditions as a result of being Made- 19013C0158F, 0159F, 0166F, 0167F, 0168F, quately elevated or otherwise protected 0169F, 0180F, 0186F, 0187F, 0188F, 0189F, from flooding (ii) the cumulative effect of 0193F, 0194F, 0215F, 0281F, 0282F, 0283F, flood plain construction in flood flows, 0284F, 0291F, 0292F, 0301F, 0302F, 0303F, which causes increases in flood heights 0304F, 0306F, 0307F, 0308F, 0309F, 0311F, and flood water velocities. 0312F, 0316F, 0317F, dated July 18, 2011, C. This Ordinance relies upon engineering which were prepared as part of the Flood In- methodology for analyzing flood hazards surance Study for Black Hawk County, is which is consistent with the standards es- (are) hereby adopted by reference and de- tablished by the Department of Natural dared to be the Official Floodplain Zoning Resources. Map. The flood profiles and all explanatory material contained with the Flood Insurance 10-4-4 DISTRICT BOUNDARIES AND Study are also declared to be a part of this OFFICIAL ZONING MAPS. Ordinance. [Ordinance 5049, 6/20/11] [Ordinance 3393, 6/10/85] 10-4-6 PURPOSE OF FLOOD PLAIN With the exception of the Flood Plain (OVERLAY)DISTRICTS. (Overlay) Districts, the boundaries of these [Ordinance 3393, 6/10/85] districts are indicated upon the Digital Offi- These Flood Plain (Overlay) Districts are cial Zoning Map of the City of Waterloo, Io to provide special regulations and restrictions wa, which map is made a part of this Ordi- to flood hazard areas in the City of Waterloo. name. Said Digital Official Zoning Map of the It is the purpose of these flood plain provi- City of Waterloo, Iowa, and all the notations, sions to promote the public health, safety and references and other matters shown thereon general welfare and to minimize public and shall be as much as a part of this Ordinance private damages due to flooding in specific as if the notations, references and other mat- areas of the community. The basic purpose ters set forth by said map were all fully de- scribed herein. Said Digital Official Zoning and objectives of this Ordinance may also be Map is on file in the office of the City Planner, identified by the following: at the City Hall of the City of Waterloo, Iowa, 1. To protect human life and health; and shall bear the signature of the Mayor at- 2. To minimize expenditure of public money tested by City Clerk, under the certification 2. To expenditure of public money for costly flood control projects; that this is the official Zoning Map referred to in this Section of the Zoning Ordinance. The 3. To minimize the need for rescue and relief Digital Official Zoning Map shall show all efforts associated with flooding and gen- amendments or changes and shall indicate erally undertaken at the expense of the the date of each amendment or change. It general public; 23 CHAPTER 4 DISTRICT AND BOUNDARIES 10-4-7 INTERPRETATION OF DISTRICT BOUNDARIES. 4. To minimize damage to public facilities proximately following corporate limits and utilities such as water and gas mains, shall be construed as following corporate electric, telephone and sewer lines, streets limits. Boundaries indicated as approxi- and bridges located in areas of special mately following railroad lines shall be flood hazard; construed to be midway between the 5. To require uses vulnerable to floods to be main tracks. Boundaries indicated as ap- proximately following the centerlines of protected against flood damage at the rivers, streams, creeks or other waterways time of initial construction; shall be construed to follow such center- 6. To help maintain a stable tax base by pro- lines. viding for the sound use and develop- ment of areas of special flood hazard so as 2. In unplatted property, the district bound- to minimize flood blight areas; ary lines on the map accompanying and made a part of the Ordinance shall be de- 7. To ensure potential buyers are notified termined by use of the scale appearing on that property may be in an area of special the map. flood hazard and that those who occupy said area assume responsibility for their 3. Publication of the legal description of the actions; property or properties zoned or rezoned shall constitute an official amendment to 8. To reserve sufficient flood plain area for the Official Zoning Map. Said map or por- the conveyance of flood flows so that tion of said map need not be published. flood heights and velocities will not be in- creased substantially; 10-4-8 FUTURE ANNEXATION OF 9. To assure that eligibility is maintained for TERRITORY. property owners in the community to All territory which may hereafter be an- purchase flood insurance through the Na- nexed to the City of Waterloo, Iowa, shall au- tional Flood Insurance Program. tomatically be classified as lying in the "A-I" 10. Restrict or prohibit uses which are dan- Agricultural District until such classification shall have been changed by an amendment to gerous to health, safety or property in times of flood or which cause excessive the Zoning Ordinance,as provided by law. increases in flood heights or velocities. [Ordinance 5049, 6/20/11] 10-4-9 RIGHT OF WAY VACATION. [Ordinance 4709, 8/9/04] 10-4-7 INTERPRETATION OF DISTRICT BOUNDARIES. Whenever any street, road, alley or other public right of way is vacated by official ac- [Ordinance 3393, 6/10/85] tion of City Council, the zoning district(s) ad- Where uncertainty exists with respect to joining each side of such public right of way the boundaries of the various districts, except shall be automatically extended to the center for the Flood Plain (Overlay) Districts, as of such vacation and all area included in the shown on the Official Zoning Map accompa- vacation shall be subject to all appropriate vying and made a part of this Ordinance, the regulations of the extended districts. Where following rules apply: only portions of public right of ways are va- 1. The district boundaries are either street cated then the zoning district(s) adjoining the center lines or alley center lines, unless vacated portion shall be automatically ex otherwise shown. [Ordinance 3595, tended over the entire area. 11/7/88] Boundaries indicated as ap- 24 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. CHAPTER 5 seen from off the premises or by the addition GENERAL REGULATIONS of other uses, or a nature which would be prohibited generally in the district involved. [Ordinance 3174, 12/14/811 To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subsec- date of non-conformity amendment and upon lion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, recon- carried on diligently, or upon which a build- structed, or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- tion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. ried on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land, Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises,and Non-Conforming Lots. ing building has been substantially begun preparatory to rebuilding, such excavation, Intent. There exist lots, structures, uses of demolition or removal shall be deemed to be land and structures, and characteristics of use actual construction, provided that work shall which constitute a non-conforming use as de- be carried on diligently. fined by this Ordinance, or will constitute a non-conforming use upon adoption of a fu- 1. Continuing Existing Uses. The use of ture amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- to continue, except as expressly provided tinued even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed, but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground olation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted, a single fam- Ordinance to be incompatible with permitted ily dwelling and customary accessory uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of lions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- plicable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or a lawful structure exists as of the date width, or both, of the lot shall conform of non-conformity that could not be to the regulations for the district in built after the date of non-conformity which such lot is located. under the terms of this Ordinance or No portion of said lot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage, height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- requirements established by this Or- tare, such structure may be continued dinance, nor shall any division of arty after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful, provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non-conformity. be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- land than was occupied at the ef- tion of structure be destroyed P Y by fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of de- struction, it shall not be recon- be moved in whole or in part to any portion of the lot or parcel strutted except in conformity with the provisions of this Ordinance. other than that occupied by such use at the effective date of adop- [Ordinance 3393, 6/10/85] tion or amendment of this Ordi- c. Should such structure be moved name; for any reason for any distance whatsoever, it shall thereafter con- c. If any such non-conforming use of form to the regulations for the dis- land ceases for any reason for a trict in which it is located after it is period of more than one (1) year, any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure and premises in combination, exists as d. No additional structure not con- of the date of non-conformity that forming to the requirements of would not be allowed after the date of this Ordinance shall be erected in non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted use, conformity so long as it remains oth- shall thereafter conform to the erwise lawful, subject to the following regulations for the district,and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use, when a located shall be enlarged, ex- non-conforming use of a structure tended, constructed, or structure and premises in corn- reconstructed, moved, or bination is discontinued or aban- structurally altered except in doned for twelve (12) consecutive changing the use of the structure months or for eighteen (18) to a use permitted in the district in months during any three (3) year which it is located. The use of period (except when government premises shall be governed by the action impedes access to the prem- requirements of 10-5-1(B)(3); ises), the structure or structure b. Any non-conforming use may be and premises in combination shall extended throughout any parts of not thereafter be used except in a building which were manifestly conformity with the regulations of the district in which it is located. arranged or designed for such use at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either c. If no structural alterations are solely for that reason or in combi- nation with other reasons, and made, any non-conforming use of a structure, or structure and prem when the alcohol sales use is dis ises, may, as a special exception, continued or abandoned for three be changed to another non- (3) consecutive months (except conforming use provided that the when government action impedes Board of Adjustment, either by access to the premises), the struc- general rule or by making findings tore or structure and premises in in the specific case, shall find that combination shall not thereafter be the proposed use is equally ap- used as an alcohol sales use except in conformity with the regulations propriate or more appropriate to of the district in which it is lo- the district than the existing non- cated. This paragraph shall apply conforming use. In permitting such change, the Board of Ad- equally to f i) the cessation of a justment may require appropriate business that is an alcohol sales conditions and safeguards in ac- use, (ii) a business that holds a li- cord with the provisions of this cense or permit to operate as an Ordinance; alcohol sales use but fails to con- tinuously and actively operate as d. Any structure, or structure and such, and te(iii) a business that land in combination, in or on continues operating as a non- 27 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. alcohol sales use after its license or cent of the current replacement cost of permit to sell or dispense alcoholic the non-conforming structure or non- beverages, for any cause, lapses, is conforming portion of the structure as suspended or revoked, or other- the case may be, provided that the cu- wise fails to be or remain in effect. bic content existing when it became g. Where non-conforming use status non-conforming shall not be in- applies to a structure and prem- creased. ises in combination, removal or If a non-conforming structure or por- destruction of the structure shall tion of a structure containing a non- eliminate the non-conforming sta- conforming use becomes physically tus of the land. Destruction for the unsafe or unlawful due to lack of re- purpose of this subsection is de- pairs and maintenance, and is de- fined as damage to an extent of dared by any duly authorized official more than fifty (50) percent of the to be unsafe or unlawful by reason of fair market value at the time of de- physical condition, it shall not thereaf- struction. [Ordinance 3393, 6/10/85] ter be restored, repaired, or rebuilt ex- h. Structural Alterations and Enlarge- cept in conformity with the regula menu. As to any building in any tions of the district in which it is lo- district devoted to a use made Gated. non-conforming, after the date of Nothing in this Ordinance shall be non-conformity the building may deemed to prevent the strengthening not be structurally altered or en- or restoring to a safe condition of any larged unless such alteration or building or part thereof declared to be enlargement is approved by Vari- unsafe by any official charged with ance as provided herein and is in protecting the public safety, upon or- conformity with the lot area, the der of such official. lot frontage, yard, and height re 7. Uses Under Special Permit Provi- quirements of the District in which sions Not Non-Conforming Uses. If situated. Such structural alteration an existing use is one that, by adop- and enlargement shall be subject tion of any zoning ordinance or to the review and approval of the amendment thereto, would be re- Board of Adjustment. In permit- quired to have a Special Permit (other ting such change, the Board of Ad than a change through Board of Ad- justment may require appropriate justment action from a non- conditions and safeguards in ac- conforming use to another use not cord with the provisions of this generally permitted in the district), Ordinance. [Ordinance 3393, then such use shall not be deemed a 6/10/85] non-conforming use in such district, 6. Repairs and Maintenance. On any but shall without further action be non-conforming structure or portion considered a conforming use. of a structure containing a non- conforming use, work may be done in C. Fences. any period of twelve (12) consecutive 1. Fences Accessory to a Residential months on ordinary repairs, or on re- Use or in an "R" District. Residential pair or replacement of non-bearing fences or landscape features such as walls, fixtures, wiring, or plumbing,to sculptures or walls may be erected or an extent not exceeding ten (10) per- constructed with no portion extending 28 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. onto adjacent property or right-of- the side lot line extends past the estab- way (except as approved by en- lished front yard of the property in croachment agreement). On interior question, but shall not exceed four (4) lots, no such fence shall exceed eight feet in height past the established (8) feet in height in the side or rear front yard of a principal building on yard and four (4) feet in height in the the lot abutting the side lot line, how- front yard. [Ordinance 3993, 12/13/93] ever,in no case shall said fence exceed [Ordinance 4508, 9/4/01] [Ordinance eight (8) feet in height. A fence that is 4656, 11/10/03] parallel with a front lot line that does On corner lots addressed and facing not abut a street and is abutting the the narrow dimension street frontage, rear or side yard of an adjoining lot no such fence shall exceed four (4) feet may exceed four (4) feet in height but in height in the front yard nor exceed shall not exceed eight (8) feet in eight (8) feet in height in the rear yard height. and along the street side adjoining the No solid fence shall be erected in such rear yard extending from the center of a manner as materially to impede vi- the house to the street lot line and sion between a height of two and one- back to the rear of the lot. [Ordinance half (21/2) feet and eight (8) feet above 3993, 12/13/93] [Ordinance 4029, the centerline grades within the trian- 7/18/94] [Ordinance 4656, 11/10/03] gular area in a yard bounded by a On corner lots addressed and/or fac- street (back of curb or back of road ing the longer dimension street front ay if no curb), a driveway or alley, age, no such fence shall exceed four and a line drawn between two (2) (4) feet in height in the front yard nor points each located twenty five (25) exceed eight (8) feet in the rear yard feet from the intersection of said and along the street side adjoining the driveway or alley line and the street. rear yard, set back from the street a [Ordinance 3993, 12/13/93] [Ordinance minimum of the setback between the 4656, 11/10/03] house and the street. A fence along 2. Fences Accessory to a Non- the street adjoining the rear yard ex- residential Use and Not Located in tending closer to the street than the an "R" District. Non-residential setback between the house and the fences accessory to a non-residential street shall not exceed four (4) feet in use and not located in an "R" District height, except that if the rear yard of must be located with no portion ex- the property in question is abutting tending onto adjacent property or the rear yard of an adjoining corner right-of-way (except as approved by lot no such fence shall exceed eight(8) encroachment agreement) and cannot feet in height in the rear yard and exceed eight (8) feet in height, except along the street side adjoining the rear that said fence may be ten (10) feet in yard extending from the rear of the height if the fence or portion thereof house to the street lot line and back to above eight (8) feet is constructed of the rear of the lot. chain link or wire. No such fence A fence that is parallel and within shall be constructed of salvaged mate- three (3) feet of a side lot line, exclud- rial. No such fence shall use barbed ing a street lot line, may exceed four wire, concertina wire, or similar wire I (4) feet in height in the front yard if a closer than six (6) feet to the ground, principal building on the lot abutting except a fence used purely for agricul- 29 CHAYI ER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. tural purposes. [Ordinance 4508, a. Such occupation shall be con- 9/4/01] [Ordinance 4656, 11/10/03] ducted solely by resident occu- All Fences. Walls extending above grade pants of the residence located on the property [Ordinance 4855, shall be regulated as a fence. Retaining ���� //nn77��� walls shall not be regulated by this part, b. 1`�lo9tnoYe than one room or twen- except that if a wall or fence is built on ty-five (25) percent of the gross ar- top of a retaining wall or within three (3) ea of one floor of said residence, feet of the top of a retaining wall, the whichever is less, shall be used for maximum height of the wall or fence shall such purpose. Use of an accessory include one half(1/2) the height of the re- building for these purposes is al- taining wall. This provision shall not pre- lowed but shall be limited to one dude a fence required to meeting mini- (1) accessory building with an area mum building code. One half (1/2) the of said accessory building or por- height of the retaining wall need not be lion thereof used for such occupa- included if the height of the wall or fence lion limited to three-fourths (3/4) does not exceed the maximum height al- of the area permitted for a residen- lowed above the original natural grade of tial accessory structure by Section the location that the wall or fence is erect- 10-5-1(E) or three-fourths (3/4) the ed. area of existing accessory struc- tures in the case of legal non- D. Home Occupations. conforming structures exceeding 1. Purpose. It is the intent of this chap- the size allowed by Section 10-5-1 ter to eliminate as home occupations [Ordinance 4855, 2/19/07]; all uses except those that conform to c. No use shall require internal or ex- the standards set forth in this chapter. ternal alterations or involve con- Custom and tradition are intentionally struction features or the use of excluded as criteria. In general, a electrical or mechanical equipment home occupation is an accessory use that would change the fire rating so located and conducted that the av- of the structure or the fire district erage neighbor, under normal circum- in which the structure is located; stances would not be aware of its exis- tence other than for a nameplate as d. No home occupation shall cause permitted elsewhere in this Section. an increase in the use of any one The standards for home occupations or more utilities (water, sewer, in this Section are intended to insure electricity, telephone, garbage, compatibility with other permitted etc.) so that the combined total use uses and with the residential character for dwelling and home occupation of the neighborhood, plus a clearly purposes exceeds the average for secondary or incidental status in rela- residences in the neighborhood; lion to the residential use of the main e. There shall be no outside storage building as the criteria for determin- of any kind related to the home ing whether a proposed accessory use occupation except for licensed and qualifies as a home occupation. operable vehicles including one (1) 2. Necessary Conditions. Home occu- semi but excluding a semi trailer, pations are permitted accessory to a other trailers, or other equipment, residential use only so long as all the regardless if licensed for highway following conditions are observed: use [Ordinance 4855,2/19/07); 30 CHAPI ER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. f. No traffic shall be generated by more than one chair; massage parlors such home occupation in greater with more than one table; retail sales volumes than would normally be operations where transactions occur expected in a residential neigh- on the premises; carpentry work; borhood, and any need for park- dance instructions; dental offices; ing generated by the conduct of medical offices; painting of vehicles; said home occupation shall be met repair and sale of trailers or boats; off the street and other than in a photo developing; photo studios; pri- front yard; vate schools with organized classes; g. No use shall create noise, dust, vi- radio, television or appliance repair; bration, smell, smoke, glare, elec and upholstering. This list shall not be trical interference, fire, fire hazard, construed as being all-inclusive. [Or or arty other hazard or nuisance to dinance 4855, 2/19/07] any greater or more frequent ex- 5. Day Cares. Day care services shall be tent than that usually in question permitted provided the following under normal circumstances conditions are met: [a. through g Or- wherein no home occupation ex- dinance 3755,12/10/901 ists; a. The day care service shall be at h. No retail sales or displays for re- least six hundred (600) feet from tail sales are permitted. an area designated by the Black 3. Nameplate Allowed. Only one Hawk County Health Department nameplate shall be allowed. It may to be a health problem for chil display the name of the occupant dren. and/or the name of the occupation b. If the day care property is located (i.e. John Jones, Realtor). It shall not on a major or minor arterial or col- exceed two (2) square feet in area, lector street as designated on the shall be non-illuminated, and attached Waterloo Functional Classification flat to the main structure or visible System map, access to the day care through a window. The limitation to property must be gained from a one nameplate is intended to apply to public alley or driveway that al- all lots, including corner lots. [Ordi- lows a vehicle to re-enter the street nance 4855, 2/19/07] in a forward movement only. 4. Examples of Uses that Do Not Qual- c. The day care service shall be in ify as Home Occupations. The fol- compliance with all state laws per- lowing uses by the nature of the in- taming to child day care services. vestment or operation have a pro- d. Where a day care provider's prop- nounced tendency once started to rap erty is not accessible from a street idly increase beyond the limits per- defined in (b) above, the traffic mitted for home occupations and generated by that day care service thereby impair the use and value of a shall not impede traffic flow on residentially zoned area for residence any other street by reducing traffic purposes. Therefore, the uses speci- movement below two moving fied below shall not be permitted as lanes. (It is the responsibility of home occupations: auto repair, minor the day care to inform those using or major; beauty shops with more his/her day care services of this than one chair; barber shops with requirement) 31 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. E. Accessory Structures. by a breezeway or similar structure, No accessory structure shall be erected provided all yard and building code until after the Principal Permitted Use is requirements for a principal building erected and shall not be erected in any front are complied with. Accessory struc- yard, except for temporary or seasonal use tures attached or connected to the accessory structures to a commercial use. Ac- principal building shall not exceed the cessory structures shall be a distance of at square footage of the principle permit least five (5) feet from alley lines; at least five ted use (not including decks or unen- (5) feet from lot lines of adjoining lots; and at closed porches, calculated based on least three (3) feet from the Principal Permit- the area of the base or "footprint" of ted Use on said lot, except that accessory the structure), however this provision structures in the rear sixty (60) percent of the shall not prohibit a five hundred sev- lot may be erected three (3) feet from any in- enty-six (576) square foot attached ga terior lot line, and on corner lots they shall rage provided that all other require conform to the setback regulations for corner ments are met. Accessory structures lots as provided in 10-5-1(F). Vehicles, trail- that are not a part of the main build ers, cargo structures from vehicles or trailers, ing shall not exceed fifteen (15) feet in storage/moving or shipping containers, or height with a less than two story Prin- mobile homes, or any other similar portable cipal Permitted Use, and eighteen (18) storage containers, regardless if it has wheels feet in height for a two story or and chassis, shall not be used as an accessory greater Principal Permitted Use. In structure. Said structures, excluding mobile conjunction with any one or two fam homes, may be used for temporary storage fly residence, accessory structures that but shall not be placed on a property for more are not a part of the main building than sixty (60) cumulative days in any given shall not occupy more than thirty (30) twelve-month period. Property owners may percent of the rear yard and shall not request a temporary storage container exten- cover more than eight hundred fifty sion permit from the City Planner prior to (850) square feet total. Said structures placement on the property or prior to exceed- may exceed the eight hundred fifty ing the sixty (60) day limit. Approval of such (850) square feet total but shall not oc- extensions shall only be granted for special SPY more than six (6) percent of the circumstances with compelling reason why lot on which said structures are to additional time is needed. Specialcated and in no case shall the total of circum- said structures be larger than 1,800 to: stances may include, but are not limited to: 1) large construction sites, 2) emergency repair, square feet. Accessory structures (at- reconstruction or rehabilitation of structures, tached or detached) to a residential and 3) extraordinary events such as flooding use shall not be constructed of metal fire, explosion, wind storms, war,riot, or sim- materials for exterior siding, except ilar events. The use of such structures shall for horizontal aluminum/steel siding not be restricted when accessory and custom- common on many residential struc wily incidental to Principal Permitted Use in tures and except structures that are the "M-1" or "M-2" Districts. [Ordinance two hundred (200) square feet or less. 3050, 11/1/791 [Ordinance 3102, 9/22/801 Accessory structures that are not part of the main building shall not be con- 1. Residential Accessory Structures: Ac- structed of metal materials for exterior cessory structures, except stables,may roofing if the lowest point of the roof be erected as a part of the principal is closer than seven (7) feet from the building, or may be connected thereto adjacent grade, except structures that 32 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. are two hundred (200) square feet or Commercial accessory structures shall less. Structures that are less than nine not be limited in height, materials, or (9) square feet shall not be included in size, except as limited by other provi- the accessory structure limit. Struc- sions for commercial sites, such as tures that are less than fifty (50) parking requirements, drainage, land- square feet but more than nine (9) scaping, etc., by this Ordinance. [Or- square feet shall not be included in the dinance 4725, 09/20/04] accessory structure limit, however no Fences shall be considered accessory one or two family residence shall have structures but shall be regulated by Section more than two (2) such structures ex- 10-5-1(C). Signs shall be considered accessory eluded from the accessory structure structures but shall be regulated by Chapter limit. Freestanding or attached metal- 25. Other accessory structures such as flag- framed carports, or similar structures, poles, swimming pools (including hot tubs shall be prohibited in conjunction to and spas), swing sets/playground equip- any residential use. [Ordinance 3050, ment, landscaping features such as arbors 10/1/79] [Ordinance 3102, 9/22/80] [Or- and fountains, and other similar structures dinance 3645, 5/8/89] [Ordinance 4656, shall not be regulated by this Section, except 11/10/03] [Ordinance 4725, 09/20/04] In that swimming pools capable of holding wa- conjunction with any multiple family ter over twenty four (24) inches shall not be residence (three or more dwelling permitted in front yard of a residential use. A units), accessory structures that are deck that is attached to or within three (3)feet not a part of the main building shall of a principal structure shall be considered to not exceed a total size of more than be part of the principal structure and subject five hundred seventy six (576) square to the regulations for a principal structure, feet in area per dwelling unit. except as provided in Section 10-27-1(G) and 2. Commercial Accessory Structures: except that no setback shall be required be- Commercial accessory structures shall tween an attached deck and an accessory be constructed only as accessory to a structure. Detached decks more than three Principal Permitted Use on the lot, as (3) feet from a principal structure shall be allowed by the underlying zoning regulated by this Section, except that one (1) classification. Any such Principal detached deck of two hundred (200) square Permitted Use must be in accordance feet or less shall not be included in the acces- with all applicable building codes, sory structure size limit as calculated herein. zoning, engineering, and other perti- Small wind energy facilities meeting the re- vent ordinances to be eligible for the quirements of Section 10-27-1(T) shall be con- use (i.e. a residentially built home in a sidered accessory structures but shall be "C" or "M" District cannot construct regulated by Section 10-27-1(T). [Ordinance or convert a commercial sized acces- 4725, 09/20/04] sory structure, unless the residential building has been properly rehabili- F. Corner Lots. tated to meet all commercial building 1. Narrow dimension street frontage for codes, parking requirements, etc. and corner lots, whose frontage is street is used for a commercial business). side with the narrow width of the lot, Nothing in this Section shall prohibit shall be required to meet the front the erection of two Principal Permit- yard requirement of this District on ted Uses on one lot, provided all per- that narrow dimension with the rear tinent codes and ordinances are met. yard being opposite of this. The long- 33 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. er dimension street frontage can then calculation (if there is no home within two be reduced to one-half (1/2) the front hundred 200 feet on one side, the minimum yard requirement of the District. setback shall match the setback of the closest 2. Longer dimension street frontage for home within two hundred (200) feet on the corner lots (reversed frontage lots), other side). In computing the average set- whose frontage is considered along backs, buildings located on another block or on a corner lot facing another street which the the longer dimension street frontage, lot in question does not abut, or entirely on shall meet the front yard setback back requirements of the District it is to the rear sixty (60) percent of lots shall not be cated along the longer dimension counted. Buildings or additions to buildings street frontage as well as meeting the on a corner lot shall have a minimum setback front and rear yard requirements match the closest home within two hundred along the narrow dimension frontage. (200) feet that is addressed and oriented to- The rear yard must be opposite the ward the street frontage that the proposed front yard along the narrow building or addition will be or is addressed dimension. This Section does not and oriented towards. The required setback require a rear yard to be met opposite as computed herein need not exceed fifty (50) the longer dimension street frontage. feet in any case, however this shall not allow detached accessory structures in a front yard. G. Visibility at Intersections in Residen- [Ordinance 4537, 2/4/02] [Ordinance 4656, tial Districts. 11/10/03] On a corner lot in a residential district, I. Required Yard Cannot be Reduced. nothing shall be erected, placed, planted, or allowed to grow in such a manner as materi No lot or yard required by this Ordinance ally to impede vision between a height of two or existing as of the effective date of arty zon- ingordinance or amendment thereto shall be and one-half(21/z) feet and ten (10) feet above the centerline grades of the intersecting reduced in area so as to make any yard or streets in a triangular area bounded by the lot any other open space less than the minimum lines of such corner lots and a line drawn be- required by the zoning ordinance in effect as tweenof the date of proposed reduction in area. No two (2) points each located twenty (20) feet from the intersection of the lot lines on part of a yard or other open space provided the corner of the lot located at the intersec about any building or structure for the pur- tion. pose of complying with the provisions of this Ordinance shall be included as part of a yard H. Front Yard. or other open space required under this Or- dinance for another building or structure. For any residential use there shall be a Off-street parking and loading areas may oc- minimum front yard required as stated in the cupy all or part of any required yard or open yard requirements for that particular district; space except as otherwise specified in this provided, however, that where lots compris- Ordinance. ing thirty (30) percent or more of the frontage within two hundred (200) feet of either side J. Building Lines on Approved Plats. lot line are developed with buildings at either a greater or lesser setback, the minimum front Whenever the plat of a land subdivision yard setback shall be within ten (10) feet of on record in the office of the County Recorder the average of the abutting homes or closest shows a setback building line along arty thereto on either side, but shall not be less arfrontage for the purpose of creating a front uiling line de than the smaller setback used in the average thus shoorlwn shalltappy along syard line, theuch frontage 34 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. in place of any other yard line required in this tiple dwellings, including multiple dwelling Ordinance unless specific yard requirements condominium and row dwellings, as the abil- in this Ordinance require a greater setback. ity to split into individual lots may not repre- This shall not include building lines along a sent the highest and best layout and design street that has been vacated. due to shared ground, parking and access. Such developments shall not have to meet K. Building or Development Permits. yard requirements as though each structure Nothing herein contained shall require were on an individual lot provided that all any change in the overall layout, plans, con- other requirements of the Ordinance are met, struction, size or designated use of any build- including, but not limited to, minimum lot ing, or part thereof, for which a building size for the entire development, screening, permit was applied for or issued, or for which access, parking, and setbacks around the pe- a development permit was issued, before the rimeter of the development. For one and two date of non-conformity, the construction of family residential structures, more than one which shall have been started within one (1) principal structure in a "R-1" or "R-2" hundred eighty (180) days after issuance of Residence District may be erected on a single the permit and completion thereof carried on lot only upon approval of a Special Permit by in a normal manner and not discontinued for the Board of Adjustment after recommenda- more than a one hundred eighty (180) day lion of the Commission. Such application for period. Special Permit shall also include all of the re- quired information for a preliminary plat, in- L. Zoning District Dividing Property. cluding showing how lots could be laid out Where one (1) parcel of property is di- so that each principal structure would meet vided into two (2) or more portions by reason the yard and other requirements of this Ordi- of different zoning district classifications, nance if it were on an individual lot. The each portion shall be used independently of Board of Adjustment may waive some or all the other in its respective zoning classifica- of the required information for a preliminary Plat if it ' lions and for that the information is o the purpose of applying the P is determined regulations of this Ordinance, each portion not needed to ensure that the request meets shall be considered as if in separate and all requirements of the Ordinance. In review- different ownership. Alternatively, the entire ing the layout of multiple buildings, the parcel may be used as permitted by the Commission and Board of Adjustment shall regulations applicable to the most restrictive consider, but not be limited to, the following: zoning classification. However, nothing in impact on and compatibility with the neigh- this Sub-section shall be construed as borhood, including sight visibility and open permitting new residential use of any space considerations, density, traffic move- property within any industrial district ments, general characteristics such as orienta- classification. [Ordinance 3486, 6/15/87] tion, lot size, building size and layout of the proposed development and neighboring M. Erection of More Than One (1) Prin- properties, and necessary screening. [Ordi- cipal Structure on a Lot. nance 4855, 2/19/07][Ordinance 4885, 10/15/07] In any district, more than one (1) struc- N. Conditional Zoning. tare housing a permitted or permissible prin- cipal use may be erected on a single lot, pro- [Ordinance 2875, 4/11/77] vided that yard and other requirements of 1. Conditional Zoning may apply only to this Ordinance shall be met for each structure those cases which propose changing as though it were on an individual lot, except the zoning from an "R" Classification as provided for mobile home parks and mul- to a "C" or"S" Classification, a"C" to 35 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. an "M" Classification, and those that it preserves the intent and changes that will occur within each purpose of this Ordinance, to individual "R", "C" or "M" group- promote public health, safety, ings• morals, and general welfare. The 2. Whenever an a l cation for a condi- Commission shall then make a y pp recommendation on the develop- tional zoning permit as an amend- ment plan to the City Council. p ment to the Zoning Ordinance is submitted, it must be accompanied or c. Five (5) copies of the approved supported by specific plans and de- plans shall be submitted to the sign for the particular development or Zoning Administrator. use. The following procedure shall be d. The City Council, after notice and utilized to facilitate said amendment. public hearing, shall approve or a. The applicant shall submit a re- disapprove said plan as submitted quest to the Commission complete or may require such changes with legal description and detailed thereto as it deems necessary to ef- site plan defining any areas to be fectuate the intent and purpose of developed for buildings, the areas this Ordinance. Upon approval of to be developed for parking, the the plan, the City Council shall location of sidewalks and drive- then initiate a change in zoning of ways, the points of ingress and the subject tract of land in accor- egress, the location and height of dance with the provisions of Sec- walls, the location and type of tion 10-32-1 of this Ordinance. landscaping, the location, size and Such change shall be recorded on type of signs, and detailed draw- the City's Official Zoning Map and ings indicating the architectural annotated "C-Z" after the designa- characteristics of said develop- tion of the underlying district. ment. 3. If for any reason development and use b. Said development plan shall be of property approved in accordance reviewed by the Commission and with the procedure outlined in (1) and a date for a hearing shall be estab- (2) above cannot be accomplished or is lished. The site development plan, discontinued, such plans or use shall prior to the hearing, shall be re- not be altered, changed, or varied, ex- ferred to the Technical Review cept after approval by the City Coun- Committee for study and for re- cil based upon procedure and review port. The Technical Review Com- by the appropriate agencies set forth mittee shall review for conformity in(2) above. of the proposed development with 4. Site Development Plan Amendments the standards of the Comprehen- (Ordinance 3245, 10/11/821 sive Plan, and with recognized principles of civic design, land use a. Major planning, and landscaping archi- Any change in the development tecture. The Commission may ap- plan deemed to be substantial af- prove the plan as submitted, or be- ter the Council has approved the fore approval, may require that plan shall be resubmitted and con- the applicant modify, alter, adjust, sidered in the same manner as the or amend the plat as the Commis- original development plan. sion deems necessary to the end 36 CHAI'1 ER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. Examples of major changes may the original development plan, in- include, but are not limited to the eluding a public hearing before the following: changes in density, use Commission and City Council. In and/or major changes in the over- determining if a change is signifi- all street plan. A change in use cant in nature the Planning staff may go through the minor ap- shall consider, among other proval process as long as the things, the overall design of the change is similar to the type of use proposed change and it's coin- approved with the development patibility to the existing develop- plan, and if compatibly designed merit and surrounding develop- in relation to surrounding uses. ment, as well as impact on the b. Minor neighborhood due to changes in parking, traffic, etc. or changes in A revised development plan shall visibility or aesthetics from the be prepared in accordance with public roads or adjoining proper- this Section for any alteration to a ties caused by the proposed development plan. change. Minor development plan amend- O. Street Frontage Required. ments shall be administratively reviewed by Planning staff. If the Except as permitted in Chapter 25 of this change is considered insignificant Ordinance, no lot shall contain any building in nature, staff may approve the used in whole or in part for residence pur- change without a review and pub- poses unless such lot abuts for at least forty lic hearing before the Commission (40) feet on at least one street, or unless it has and City Council. an exclusive unobstructed private easement of access or right-of-way at least twenty (20) Examples of minor changes may feet wide to a street, and there shall be no include, but are not limited to the more than one (1) single family dwelling for following: the location, construc- such frontage or easement, except that a tion, replacement or change in common easement of access at least fifty (50) type of signage, changes in curb feet wide may be provided for two (2) or cut location, sign locations, shifts more such single family dwellings or for one in building location, landscaping (1) or more two family or multiple dwellings. features,and parking circulation. [Ordinance 3220, 6/14/82] Minor changes may include addi- P. Dwelling Standards. II tions to an existing building or new buildings which do not in- [Ordinance 3378,12/17/84] crease the existing floor area by The following standards shall apply 1 to all more than ten (10) percent of the new dwellings for which building permits floor area of all existing or ap- have been issued on or after December 17, proved principal buildings. If 1984: staff determines that the magni- 1. The dwelling shall be affixed to a hide of any such change is signifi- cant in nature or could become permanent foundation system, in ac- cordance with the currently adopted significant in nature, the change shall be deemed major and the Bg Code standards; changes shall be resubmitted and 2. The average width and length of the considered in the same manner as main body of the dwelling shall be a 37 CHAL IhR 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. minimum of twenty (20) feet as meas- Permit use in a District if the proposed use is ured from at least three (3) points of at similar to a listed Principal Permitted use or least ten (10) feet apart on the dwell- Special Permit use in such District. If the City ing. Planner or designee determines that a pro- posed use is not similar, the use shall be per- Q. Site Plan Required. miffed in the "M-2" District. In addition, a In accordance with the Comprehensive proposed use not covered by title and not de- Plan, as amended, it is essential that new de- termined to be similar to a use covered by velopments and structural alterations to exist- title may be referred to the Commission and ing developments meet established minimum City Council for a decision as to the proper standards for the design of such develop- District and category in which said use ments to protect existing developments, to should be permitted. This process requires insure adequate provisions for public/private an amendment to the Ordinance prior to ad- utilities, such as sewer, water, and roads, and dressing a specific site. Therefore, in order to promote the health, safety, and general wel- add an unlisted use to a District, the Ordi- fare of the public. For any new development nance must be amended as provided in or structural alterations, a site plan shall be Chapter 31, before a rezoning request can be submitted to the Building Official as a part of approved. the Building Permit Application. Said site plan shall be referred to Planning staff for S. Landscaping Regulations. their review and approval pertinent to meet- [Ordinance 3907, 12/21/92] ing the requirements of this Ordinance and This part shall apply to the following ac- any other City Ordinance and/or policy. tivities for all Special Permit and "R-3" or less Said site plan shall include the legal descrip- restrictive uses; except one and two family tion of the property, identify the areas to be dwellings and except the "C-3" zone; which developed for buildings, the areas and num engage in one or more of the following: ber of spaces to be provided for parking and vehicular use areas, the location of sidewalks a. new construction and driveways and the points of ingress and b. expansion of an existing building egress, including access streets where re- equal to 10% or 1000 square feet quired, the location and height of walls, the whichever is less location and type of landscaping, the location of public easements, the location, size, type c. new or expanded parking areas and number of signs, site topography with existing and proposed elevations, storm wa- 1. Landscape Area and Planting Re- ter drainage system including detention (if quirements. required), proposed hard surfacing (material Developments requiring landscaping and thickness), location of utility connections under this part shall provide one of the (sanitary sewer and water), and storm water following combinations of landscaped ar- pollution prevention plan and IDNR permit ea and planting points per square foot of (if required). total lot area: R. Proposed Use Not Covered by Title. Any proposed use not covered in any Dis- trict as a Principal Permitted use or a Special Permit use may be administratively reviewed and approved by the City Planner or desig- nee as a Principal Permitted use or a Special 38 CHAPTER 5 GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS. LANDSCAPED ± POINTS PER The lesser of: Shall require: AREA SQUARE FOOT 10% -20% addition 25% of Ordinance 35% or more .015 or 100 square feet requirements 30% .02 25% 025 21% -40% addition 50% of Ordinance 20% .03 or 2000 square feet requirements 15% .035 41% -50% addition 75% of Ordinance 10% or less .04 or 2500 square feet requirements 51% addition or 100% of Ordinance The following landscaping require- 2501 square feet requirements ments shall be met: A minimum of 65 percent of all re- 4. Alternative Compliance. quired points shall be achieved through [Ordinance 3964, 8/9/93] tree plantings. For sites larger than one (1) acre in ar- The points required per square foot of ea or those with difficult site conditions, vehicular use area shall be placed within the City Planner or his/her designated islands in the vehicular use area and/or representative may approve the plan if within five feet (5') of the perimeter. the following findings are made: There shall be .04 points per square foot of vehicular use area. The intent is to po a. The proposed improvements will sition the plantings to enhance the overall fulfill an individual and/or com- munity need and will not ad- appearance of the site. versely affect the goals of the Land All required trees within the vehicular Use Policy Plan; and use area shall be two inch (2") caliper or greater measured six inches (6") above b. The proposed improvements, be grade at the time of planting. cause of the conditions that have been applied to it, will not be det- 2. Street Tree Planting. rimental to the health, safety and the general welfare of persons re- A minimum of 1.5 points per linear siding or working in the area and foot of street frontage must be met will not adversely affect other through the provision of trees, and plant- property on in the vicinity; and ing shall comply with the Vegetation Or- dinance Chapter 35 of the Waterloo Mu c. The proposed improvements will nicipal Code. If circumstances do not al- meet the purpose and intent of low plantings on the city parking, street this part. tree points shall be placed in the street yard setback area. 5. Maintenance. The owner shall be solely responsible 3. Expansion of Existing Use. for the maintenance of any and all land- For additions to existing buildings or soaping. This maintenance shall include parking areas, the following percent of to- but not be limited to, removal of litter, tal points and total landscaped area shall pruning, mowing of lawns, adequate wa- be applied to the project dependent upon tering for all plant life, and also weeding the total size of all additions since the in accordance with the Tree and Shrub adoption of this Section: Care Guidelines as set in forth by the Wa- terloo Park Commission. The owner shall 39 CHAPTER 6 "A-1"AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. also be responsible for any replacement, Conifers as necessary, in order to preserve the 10 foot height or greater 100 points landscaping plan as approved by this Sec- 8 foot height or greater 90 points lion. The responsibility to maintain the 6 foot height or greater 80 points landscaping shall include the parking 5 foot height or greater 40 points strip located between the private property 4 foot height or greater 30 points line and the public street or highway, di- 3 foot height or greater 20 points rectly adjacent to the owner's property. A maintenance and right to enter agreement [Ordinance 3907, 12/21/92] shall be signed prior to a building permit being issued. CHAPTER 6 6. Submittal Requirements. "A-1" AGRICULTURAL Submittal for landscape approval shall DISTRICT include a separate planting plan showing 10-6-1 REGULATIONS. type, size, and number of plantings; a site plan showing total area and total land- The regulations set forth in this Chap- ter and those contained in Chapter 5 shall scaped area and any supplementary in- formation as required to demonstrate con- formance to the landscape requirements. The "A-1" District is intended to provide for Any deviations from the approved land- areas of the community which are suitable for scape plan must receive approval from agricultural and interrelated agricultural uses the City Planner or his/her designated that are adjacent to residential,commercial or representative prior to installation. industrial districts. Any outside storage of materials or equipment shall be limited and 7. Measured Compliance. clearly incidental and accessory to the Princi- The following point schedule and pal Permitted Use, and shall not include the conditions apply to required landscaping outside storage of junk or salvage material or in all zones and shall be used in determin- similar debris. Outside storage of materials or ing achieved points for required planting: equipment shall not be permitted in a front yard. This provision shall not restrict the Overstory Trees outside storage of licensed and operable ve- 4 inch caliper or greater 100 points hides or agricultural equipment or machinery 3 inch caliper or greater 90 points that are accessory and clearly incidental to 2 inch caliper or greater 80 points the Principal Permitted Use. Trees with caliper of more A. Principal Permitted Uses: than 4 inches 25 points per inch Understory Trees 1. Agricultural and the usual agricul- tural buildings and structures. Also a 2 inch caliper or greater 40 points single-family dwelling provided that 11/2 inch caliper or greater 30 points the owner/occupant is actively en- 1 inch caliper or greater 20 points gaged in the farming operation and is Shrubs a member of the farm owner's imme- diate family. For the purpose of this 5 gallon or greater 10 points Section, the immediate family shall be 2gallon orgreater 5points interpreted as father, mother, son, daughter, wife, husband, brother, sis- 40 CHAPTER 6 "A-1"AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. ter, grandparent or grandchild. Only 8. Forest and forestry. one (1) lot that is a minimum of three 9. Parks, playgrounds, recreational (3) acres for this purpose shall be sep trails,and similar recreational uses. arated from a farm and at least thirty- five (35) acres shall remain after the 10. Any public building or use erected or transfer with the farm. [Ordinance maintained by any department of the 4656, 11/10/03] city, township, county, state or federal 2. Truck gardening and nurseries [Ordi- government a public agency, upon nance 4656, 11/10/03], provided how- approval of a Special Permit by the ever that any structures associated Board of Adjustment after recom with such uses shall comply with Sec- mendation of the Commission, except tion 10-5-1(E) as if accessory to a sin- as provided in Section 10-27-1. gle family residence, unless such uses 11. Public utility structures and equip- are located on a farm as defined here- ment necessary for the operation in. thereof in accordance with Section 10- 3. Pigeon, rabbit and other specialized 27-1. animal farms, but not including the 12. Transmitting stations and towers in feeding or disposal of community or accordance with Section 10-27-1. collected garbage. 13. Recreational vehicles as defined here- 4. Stables, public and private, riding in, within special flood hazard areas academies and clubs, and riding are- zoned A, AH, AO and AE on the nas, where there exists an area de- Flood Insurance Rate Map must: voted to such purposes of at least five 1. Be on the site for fewer than 180 thousand (5,000) square feet per ani- consecutive days, and mal and provided further that no structure or building for the stabling 2. Be fully licensed and ready for of horses or tethering area be closer highway use. than fifty (50) feet from abutting resi- A recreational vehicle is ready for dential properties. The area devoted highway use if it is on its wheels or to such uses shall be kept in a clean jacking system, is attached to the site and sanitary condition. only by disconnect type utilities and 5. Grain elevators with usual accessory security devices, and has no perma- structures and the seasonal storage of nent attached additions. [Ordinance coal whenever on or adjacent to and 4125, 9/11/95] A recreational vehicle not more than one hundred (100) feet that is accessory to a Principal Permit- from a railway right-of-way. ted Use and is fully licensed and 6. Mining and extraction of minerals or ready for highway use may be on the site for more than 180 consecutive raw material, including sand or gravel days for storage purposes onlyand pits or borrow sites, upon approval of not livingquarters. Ordinance5049 a Special Permit by the Board of Ad- q 6/20/11] justment after review by the Commis- sion. 14. Single-family homes that were legally built prior to adoption of Ordinance 7. Airports and landing fields, with Fed- 2479, adopted 02/03/69. For the pur- eral Aviation Administration ap- poses of this Ordinance, any such le- proval if required. gally established dwelling is not con- 41 CHAPTER 7 "R-R"RURAL RESIDENCE DISTRICT 10-6-2 HEIGHT REGULATIONS. sidered a non-conforming use as de- the Commission and in accordance fined herein, but is considered a legal with Section 10-27-1. use. Furthermore, any such legally es- tablished dwelling may be rebuilt on B. Accessory Uses: the same lot as legally established, 1. Accessory uses and structures cus- provided that all other rules and regu- tomarily incidental to any of the lations of this Ordinance are met. above uses. [Ordinance 4724, 9/20/04] [Ordinance 4656, 11/10/03] 2. Repealed by Ordinance 4724, 9/20/04. 15. Public and parochial schools and oth- er educational institutions having an 10-6-2 HEIGHT REGULATIONS. established current curriculum similar to that ordinarily given in Waterloo Any building hereafter erected or public schools, and colleges, universi- structurally altered may be erected to any ties, or institutions of higher educa height not in conflict with other existing or lion, upon approval of a Special Per future ordinances of the City of Waterloo. mit by the Board of Adjustment after 10-6-3 BULK REGULATIONS. review by the Commission. The following minimum requirements 16. Large Wind Energy Facilities upon shall be observed, subject to the modified re- approval of a Special Permit by the quirements contained in Section 10-27-1: Board of Adjustment after review by "A-1" AGRICULTURAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM LOT AREA LOT WIDTH LOT AREA FRONT SIDE REAR YARD PER FAMILY YARD a) YARD Farm or Farm House 35 Acres No Minimum 35 Acres 50 Feet 25 Feet 50 Feet Single Family Dwellings 1.5 Acres 150 Feet 1.5 Acres 50 Feet 25 Feet 50 Feet built prior to Ordinance Other Permitted Uses 1.5 Acres No Minimum 1.5 Acres 50 Feet 50 Feet 50 Feet (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. CHAPTER 7 half (1.5) acres but smaller than ten (10) "R-R" RURAL RESIDENCE acres. Because availability of either water or sewer services for properties in this DISTRICT District are provided through the use of individual wells or rural water type sys- [Ordinance 4616, 6/9/03] tern and septic systems they must meet 10-7-1 PURPOSE. Board of Health standards. Areas to be developed shall be conducive to the con- The "R-R" Rural Residential District is struction and operation of onsite waste intended to provide regulations for land treatment systems and private water that is being converted to large lot resi- wells to be determined by the Black dential uses. Lots to be included in this Hawk County Health Department. The District must be larger than one and one Health Department may require an engi- 42 CHAYI ER 7 "R-R"RURAL RESIDENCE DISTRICT 10-7-2 REGULATIONS. neered plan for onsite waste treatment 3. Public or semi-public parks. systems and private water wells. The 4. Public utility structures and equip- purpose of this District is to restrict the went necessary for the operation permitted uses to those that are compati- thereof in accordance with Section 10- ble with agricultural, residential, and en- 27-1 vironmentallY sensitive areas. Individu- als building in this area should be made B. Accessory Uses: aware of potential conflicts with agricul- 1. Accessory uses and structures cus tural uses (such as the spreading of ma tomarily incidental to any of the nure) and that the City of Waterloo pro- above uses. [Ordinance 4724, 9/20/04] vides no protection against 24 hour agri- cultural operations. Police and fire pro- 2. Temporary buildings for uses inciden- tection, as well as other services, in the tal to construction work, which build- "R-R" Rural Residential District may not ings shall be removed upon the com- be comparable to other residential dis- pletion or abandonment of the con- tricts in the City of Waterloo. This District struction work. should only be used in areas where the 3. Home Occupations City of Waterloo does not foresee extend- ing infrastructure due to topography or 4. Stables, non-commercial where there other barriers and not used as a means to exists an area devoted to such pur- circumvent extending city services in ar- poses of twenty thousand (20,000) eas where it is feasible. square feet with an additional ten thousand (10,000) square feet per an- 10-7-2 REGULATIONS. imal exceeding two (2) in number fur- The regulations set forth in this Chap- housed or tethered and provided ter and the regulations contained in ther that no structure or building for Chapter 5 shall apply in the "R-R" Rural the stabling of horses or tethering area be closer than fifty (50)50 feet from the Residential District. abutting residential properties. The A. Principal Permitted Uses: area devoted to such uses shall be kept in a clean and sanitary condition 1. Single-family dwellings. 2. Farming, specialised animal farms 10-7-3 HEIGHT REGULATIONS. and truck gardening, but not on a No building shall exceed three (3) sto- scale that would be obnoxious to adja- ries or forty (40) feet in height, except as cent areas because of noise or odors. provided in Section 10-27-1. Farm animals, livestock and special- ized animal farms shall be permitted 10-7-4 BULK REGULATIONS. upon approval of a Special Permit by The following minimum requirements the Board of Adjustment after rec shall be observed, subject to the modified ommendation of the Commission, ex- requirements contained in Section 10-27- cept as provided in Section 10-27-1. 1. Horses shall be regulated by 10-7- 2(B)(4). 42 CHAPTER 8 "R-1"ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS. "R-R" RURAL RESIDENCE DISTRICT USE Minimum Maximum Minimum Lot Minimum Minimum Side Minimum Rear Lot Area Lot Area Width Front Yard Yard Yard Single Family Dwell- 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet ings Other Permitted Uses 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet CHAPTER 8 3. Public and parochial schools and oth- er"R-1" ONE AND TWO educational institutions having an established current curriculum similar FAMILY RESIDENCE to that ordinarily given in Waterloo DISTRICT public schools, and colleges, universi- ties, or institutions of higher educa- 10-8-1 REGULATIONS. tion, upon approval of a Special Per- The regulations set forth in this Chap- mit by the Board of Adjustment after ter and the regulations contained in recommendation of the Commission. Chapter 5 shall apply in the "R-1" Resi- 4. Private recreational areas and facili- dence District. ties, swimming pools, skating facili- The "R-1" District is intended to pro ties, institutional or community rec vide for areas of the community which reation centers or fields including are suitable for low density residential country clubs, golf courses and uses that are adjacent to residential, pro driving ranges, upon approval of a fessional office or neighborhood commer- Special Permit by the Board of cial uses. Any outside storage of materials Adjustment after recommendation of or equipment shall be limited and clearly the Commission. incidental and accessory to the Principal 5. Farming and truck gardening, but not Permitted Use, and shall not include the on a scale that would be obnoxious to outside storage of junk or salvage mate- adjacent areas because of noise or rial or similar debris. Outside storage of odors, and provided that no struc- materials or equipment shall not be per- tures shall be permitted unless acces- mitted in a front yard. This provision sory to another Principal Permitted shall not restrict the outside storage of li- Use or unless such structure is located censed and operable vehicles that are ac- on a farm as defined herein. Farm an- cessory and clearly incidental to the Prin- imals and livestock, except horses and cipal Permitted Use. except hobby farms as provided in Section 10-27-1, shall be prohibited. A. Principal Permitted Uses: 6. Family Homes. [Ordinance 3959, 1. One and two family dwellings,includ- 7/26/93] [Ordinance 4554, 6/3/02] ing two-family row dwellings. [Ordi- nance 7/26/93] 4554, 6/3/02] 4618, 6/16/03] 7. Recreational vehicles as defined here- in within special flood hazard areas 2. Religious facilities, upon approval of a zoned A, AH, AO and AE on the Special Permit by the Board of Ad- Flood Insurance Rate Map must: justment after recommendation of the Commission. a. Be on the site for fewer than 180 consecutive days,and 43 CHAPTER 8 "R-1"ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-2 HEIGHT REGULATIONS. b. Be fully licensed and ready for above uses. [Ordinance 4724, 9/20/04] highway use. Accessory structures shall meet the A recreational vehicle is ready for requirements provided for residential highway use if it is on its wheels or accessory structures in Section 10-5- jacking system, is attached to the site 1(E), including structures accessory to only by disconnect type utilities and non-residential Principal Permitted security devices, and has no perma Uses unless approved by Special Per- nent attached additions. [Ordinance mot' 4125, 9/11/95] A recreational vehicle 2. Temporary buildings for uses inciden- that is accessory to a Principal Permit- tal to construction work, which build- ted Use and is fully licensed and ings shall be removed upon the com- ready for highway use may be on the pletion or abandonment of the con- site for more than 180 consecutive struction work. days for storage purposes only and not living quarters. [Ordinance 5049, 3. Home occupations. 6/20/11] 4. Horse Stables, non-commercial where 8. Parks, playgrounds, recreational there exists an area devoted to such trails,and similar recreational uses. purposes of twenty thousand (20,000) square feet with an additional ten 9. Any public building or use erected or thousand (10,000) square feet per maintained by any department of the horse exceeding two (2) in number city, township, county, state or federal housed or tethered and provided fur- government, upon approval of a Spe- ther that no structure or building for cial Permit by the Board of Adjust- the stabling of horses or tethering area ment after recommendation of the be closer than fifty (50) feet from the Commission, except as provided in abutting residential properties. The Section 10-27-1. area devoted to such uses shall be 10. Public or private cemetery provided it kept in a clean and sanitary condition. is on a minimum of thirty (30) acres, upon approval of a Special Permit by 10-8-2 HEIGHT REGULATIONS. the Board of Adjustment after rec- No building shall exceed two and one- • ommendation of the Commission. half (21/2) stories or thirty-five (35) feet in This provision shall not prohibit the height, whichever is less, except as provided expansion of an existing cemetery that in Section 10-27-1 and no accessory structure is less than thirty(30) acres. shall exceed a height as provided in Section 11. Public utility structures and equip- 10-5-1(E) unless approved by Special Permit. ment necessary for the operation [Ordinance 3050, 10/1/79] thereof in accordance with Section 10- 27-1. 10-8-3 BULK REGULATIONS. 12. Transmitting stations and towers in [Ordinance 3293, 7/25/83] accordance with Section 10-27-1. The following minimum requirements shall be observed, subject to the modified re- B. Accessory Uses: quirements contained in Section 10-27-1: 1. Accessory Uses and structures cus- tomarily incidental to any of the 44 "R-1" RESIDENCE DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM SIDE MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT YARD REAR LOT WIDTH PER YARD(1) YARD(3)(4( COVERAGE FAMILY (2) Single Fam- 9,000 sq.ft. 75 feet 9,000 sq.ft. 30 ft. 10% of the lot width, 30 ft. 35% ily which in any case Dwellings shall not be required to exceed 10 feet Two Family 10,000 sq.ft. 80 feet 5,000 sq.ft. 30 ft. 10% of the lot width, 30 ft. 35% Dwellings which in any case shall not be required to exceed 15 feet Other 10,000 sq.ft. 80 feet 10,000 sq.ft. 35 ft. 10% of the lot width, 35 ft. No Maximum Permitted which in any case, Uses shall not be required to exceed 20 feet (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) No structure or combination of structures shall cover more than thirty-five(35)percent of the total lot area. This in- cludes,but is not limited to,detached garages,sheds,all other accessory structures as well as the principal use,but does not include a deck as defined herein,provided no roof exists over the deck. This requirement pertains to single family and two family homes exclusively.[Ordinance 4709,8/9/04] (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (4) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. CHAPTER 9 teriaLs or equipment shall not be permitted in a front yard. This provision shall not restrict "R-2" ONE AND TWO the outside storage of licensed and operable FAMILY RESIDENCE vehicles that are accessory and clearly inci- DISTRICT dental to the Principal Permitted Use. 10-9-1 REGULATIONS. A. Principal Permitted Uses: The regulations set forth in this Chapter 1. Any use permitted in the "R-1" Resi- and contained in Chapter 5 shall apply in the dence District. "R-2" One and Two Family Residence Dis- 2. Alterations and conversions of single trict. family dwellings into two family The "R-2" District is intended to provide for dwellings in accordance with the lot areas of the community which are suitable for area, frontage and yard requirements low density residential uses that are adjacent as set forth in this Section, upon ap- to residential, professional office or neighbor- proval of a Special Permit by the hood commercial uses. Any outside storage Board of Adjustment after recom- of materials or equipment shall be limited mendation of the Commission. and clearly incidental and accessory to the B. Accessory Uses: Principal Permitted Use, and shall not include the outside storage of junk or salvage mate- 1. Any accessory use permitted in the rial or similar debris. Outside storage of ma- "R-1" District. 45 CHAPTER 10 "R-3"MULTIPLE RESIDENCE DISTRICT 10-9-2 HEIGHT REGULATIONS. 10-9-2 HEIGHT REGULATIONS. The following minimum requirements Same as specified in the"R-1" District. shall be observed subject to the modified re- quirements contained in Section 10-27-1: 10-9-3 BULK REGULATIONS. [Ordinance 3210,5/10/82] "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR LOT WIDTH PER FAMILY YARD(1) YARD(3)(4) COVERAGE(2) Single Family 6,000 sq.ft. 50 ft. 6,000 sq.ft. 20 ft. 5 ft. 20 ft. 35% Dwelling Two Family Dwell- 8,000 sq.ft. 70 ft. 4,000 sq.ft. 20 ft. 5 ft. 20 ft. 35% ings Other Permitted SAME AS SPECIFIED IN THE"R-1"DISTRICT Uses (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) No structure or combination of structures shall cover more than thirty-five(35)percent of the total lot area. This includes,but is not limited to,detached garages,sheds,all other accessory structures as well as the principal use,but does not include a deck as defined herein,provided no roof exists over the deck. This requirement pertains to single family and two family homes exclu- sively.[Ordinance 3210,5/10/82] (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (4) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. CHAPTER 10 ted Use, and shall not include the outside "R-3" MULTIPLE RESIDENCE storage of junk or salvage material or similar debris. Outside storage of materials or DISTRICT equipment shall not be permitted in a front yard. This provision shall not restrict the [Ordinance 2524, 4/27/70] outside storage of licensed and operable ve- 10-10-1 REGULATIONS. hides that are accessory and clearly incidental to the Principal Permitted Use. The regulations set forth in this Chapter and contained in Chapter 5 shall apply in the A. Principal Permitted Uses: "R-3" Multiple Residence District. 1. Any use permitted in the "R-2" One The "R-3" District is intended to provide for and Two Family Residence District. areas of the community which are suitable for 2. Multiple, Condominium and Row low, medium and high density residentialDwellings. uses that are adjacent to residential, profes- sional office or neighborhood commercial us- 3. Boarding and lodging houses, room- es. Any outside storage of materials or ing houses, and bed and breakfasts. equipment shall be limited and clearly inci- 4. Group Homes (Voluntary Super- dental and accessory to the Principal Permit wised), upon approval of a Special 46 CHAPTER 10 "R-3"MULTIPLE RESIDENCE DISTRICT 10-10-2 HEIGHT REGULATIONS. Permit by the Board of Adjustment af- B. Accessory Uses: ter review by the Commission. [Ordi 1. Accessory uses permitted in the "R-2" nance 4554, 6/3/02] District. 5. Non-profit institutions of a philan- 2 Other accessory uses and structures, thropic or educational nature, includ- not otherwise prohibited,customarily ing libraries, upon approval of a Spe- cial Permit by the Board of Adjust- accessory and incidental to any per- ment after recommendation of the mitted principal use. [Ordinance 4724, Commission. 9/20/04] Accessory structures shall meet the requirements provided for 6. Day care (adult or child), nursing and residential accessory structures in Sec- convalescent homes, and hospice fa- lion 10-5-1(E), including structures ac- cilities. [Ordinance 3755, 12/10/90] cessory to non-residential principally 7. Private clubs, fraternities, sororities, permitted uses unless approved by and lodges, upon approval of a Spe- Special Permit. cial Permit by the Board of Adjust 3. Storage garages where the lot is occu- rrent after recommendation of the pied by multiple dwelling,hospital,or Commission, excepting those the principal activity of which is a service institutional building, for storage of items accessory to the Principal Per- customarily carried on as a business. mined Uses. 8. Mobile home parks, including factory- built home parks if the structures are 10-10-2 HEIGHT REGULATIONS. not classified as real estate, upon ap- No principal building shall exceed three proval of a Special Permit by the Board of Adjustment after recom- (3) stories or forty-five (45) feet in height at mendation of the Commission. the required front, side and rear yard lines, but above the height permitted at said yard 9. Hospitals, excluding animal hospitals, lines, two (2) feet may be added to the height and clinics, upon approval of a Special of the building for each one (1) foot that the Permit by the Board of Adjustment af- building or portion thereof is set back from ter recommendation of the Commis- the required yard lines and except as further sion. provided in Section 10-27-1. No accessory 10. Alterations and conversions of single structure shall exceed a height as provided in family dwellings or duplexes into two Section 10 5-1(E), including structures acces family dwellings or multiple family sory to non-residential principally permitted uses unless approved by Special Permit. dwellings in accordance with the lot area, frontage and yard requirements as set forth in this Section, upon ap- 10-10-3 BULK REGULATIONS. proval of a Special Permit by the [Ordinance 3210, 5/10/82] Board of Adjustment after recom-1 [Ordinan ce ce 3908, 12/21/92] /9 1 mendation of the Commission. The following minimum requirements shall be observed, subject to the modified re- quirements contained in Section 10-27-1: 47 CHAI'1 ER 11 "R-4"MULTIPLE RESIDENCE DISTRICT 10-11-1 REGULATIONS. "R-3"MULTIPLE RESIDENCE DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER FAMILY YARD)') (5)(6) COVERAGE(4) Single Family 6,000 sq.ft. 50 feet 6,000 sq.ft. 20 feet 5 feet 20 feet 35% Dwellings Two Family 7,200 sq.ft. 70 feet 3,600 sq.ft 20 feet 5 feet 20 feet 35% Dwellings Multiple Dwell- 10,000 sq.ft. 80 feet 2,500 sq.ft. 30 feet 30 feet No Maximum ings,Condomin- ium,&Row Dwellings& Other Permitted Uses(2): 1 &1.5 story 5 feet 2&2.5 story 10 feet 3 story 10 feet Mobile Home 20 acres total 150 feet total 6,000 sq.ft. 20 feet around 20 ft.around 20 feet around No Maximum park(2) area width per unit perimeter perimeter(3) perimeter (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) Above yard requirements for mobile home parks and multiple dwellings,including multiple dwelling condominium and row dwellings,apply to total area and not individual units except minimum lot area per family requirement. (3) Side yard requirements for mobile home parks may be reduced to ten(10)feet where such court or park abuts a less restrictive zoning district. (4) No structure or combination of structures shall cover more than thirty-five(35)percent of the total lot area. This includes,but is not limited to,detached garages,sheds,as well as the principal use,but does not include a deck as defined herein,provided no roof exists over the deck. This requirement pertains to single family and two family homes exclusively. [Ordinance 3210,5/10/82] (5) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum re ar yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (6) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet uses and professional offices that are adjacent CHAPTER 11 to residential, professional office or neighbor- "R-4" MULTIPLE RESIDENCE hood commercial uses. Any outside storage DISTRICT of materials or equipment shall be limited and clearly incidental and accessory to the 10-11-1 REGULATIONS. Principal Permitted Use,and shall not include the outside storage of junk or salvage mate- [Ordinance 3050, 10/1/79] rial or similar debris. Outside storage of ma- The regulations set forth in this Chapter terials or equipment shall not be permitted in and contained in Chapter 5 shall apply in the a front yard. This provision shall not restrict "R-4" Multiple Residence District. the outside storage of licensed and operable The "R-4" District is intended to provide for vehicles that are accessory and clearly inci- areas of the community which are suitable for dental to the Principal Permitted Use. low, medium and high density residential 48 CHA1'I hR 11 "R-4"MULTIPLE RESIDENCE DISTRICT 10-11-2 HEIGHT REGULATIONS. A. Principal Permitted Uses: Charity/Philanthropy 1. Any use permitted in the "R-3" Dis- Church Offices trict. Civil Engineers Collection Agency 2. Funeral Homes &Mortuaries Credit Bureau 3. Halfway (Rehabilitation) Houses, up- Dental Offices on approval of a Special Permit by the Entertainment Bureau Board of Adjustment after review by Insurance the Commission. The Rehabilitation Lawyers (Halfway) House shall be at least 600 Medical Offices and Clinics with Dis- feet from a one or two family home, pensary and one-thousand (1,000) feet from a Nurses Registry school, adult use, Family Home, Psychologists Group Home, or another Halfway Public Stenographers (Rehabilitation) House. [Ordinance Real Estate 4554, 6/3/02] Other similar professional office uses 4. Group Homes (Voluntary Unsuper- not included in the above list subject vised), upon approval of a Special to the administrative review and ap- Permit by the Board of Adjustment af- proval of the Planning staff. If staff de- ter review by the Commission. The termines that the proposed use is not Group Home shall be at least six- similar in nature, it shall be consid- hundred (600) feet from a one or two ered a proposed use not covered by ti- family home, school,adult use,Family tle, as regulated in 10-5-1(R). Home, Group Home, or Rehabilitation (Halfway) House. [Ordinance 4554, 7. Tourist Home 6/3/02] 8. Recording Studios [Ordinance 3739, 5. Group Homes (Involuntary Super- 8/20/90] vised), upon approval of a Special 9. Senior organ/piano training center Permit by the Board of Adjustment af- [Ordinance 4424, 7/10/00] ter review by the Commission. The Group Home shall be at least six- B. Accessory Uses: hundred (600) feet from a one or two 1. Accessory uses permitted in the "R-3" family home, school,adult use,Family District. Home, Group Home, or Rehabilitation (Hallway) House. [Ordinance 4554, 10-11-2 HEIGHT REGULATIONS. 6/3/02] No buildings shall exceed four (4) stories 6. Professional Offices, with less than or forty-eight (48) feet in height at the re- forty (40) percent of the building(s) quired front, side and rear yard lines, except used for storage and or repair, such two (2) feet may be added to the height per- as: mitted at said yard lines for each one (1) foot Accountants that the building or portion thereof is set back Architects from the required yard lines and except as Art Schools further provided in Section 10-27-1. Artists Barber Shop Beauty Shop 49 CHAI'1 hR 12 "R-P"PLANNED RESIDENCE DISTRICT 10-11-3 BULK REGULATIONS. 10-11-3 BULK REGULATIONS. [Ordinance 4592, 1/6/03] [Ordinance 3210, 5/10/82] The following minimum requirements [Ordinance 3908, 12/21/92] shall be observed subject to the modified re- quirements contained in Section 10-27-1: "R4" MULTIPLE FAMILY RESIDENCE DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM SIDE MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT YARD REAR LOT WIDTH PER FAMILY YARD a) YARD(4)(5) COVERAGE(3) Single Family 6,000 sq.ft. 50 ft 6,000 sq.ft. 20 ft. 5 ft. 20 ft 35% Dwellings Two Family 7,200 sq.ft. 60 ft 3,600 sq.ft. 20 ft. 5 ft. 20 ft. 35% Dwellings Multi-Family& Other Permit- ted Uses(6): 1&1 1 stories 8,000 sq.ft. 65 ft. 2,000 sq.ft.for 20 ft. 5 ft. 35 ft. No Maximum the first 4 units 2&21 stories 8,000 sq.ft. 65 ft. plus 850 sq.ft. 20 ft. 10 ft. 35 ft. No Maximum per additional unit on 1st, 3&3 1/2 stories 8,000 sq.ft. 70 ft. 2nd,3rd floor 20 ft. 10 ft. 35 ft No Maximum and 450 sq.ft 4 stories 8,000 sq.ft. 80 ft. per unit above 20 ft 10 ft 35 ft. No Maximum 3rd Mobile Home 20 acre total 150 feet total 3,000 sq.ft. 20 ft.around 20 ft around pe- 20 ft. around No Maximum Park(6) area width per unit perimeter rimeter(2) perimeter (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) Side yard requirements for mobile home parks may be reduced to ten(10)feet where such park abuts a less restrictive zoning district. (3) No structure or combination of structures shall cover more than thirty-five(35)percent of the total lot area. This includes,but is not limited to,detached garages,sheds,as well as the principal use,but does not include a deck as defined herein,provided no roof exists over the deck. This requirement pertains to single family and two family homes exclusively.[Ordinance 3210,5/10/82] (4) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (5) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (6) Above yard requirements for mobile home parks and multiple dwellings, including multiple dwelling condominium and row dwellings,apply to total area and not individual units except minimum lot area per family requirement CHAPTER 12 A. Intent. "R-P" PLANNED RESIDENCE The "R-P" District is intended and de- DISTRICT signed to provide a means for the develop- ment of tracts of land on a unit basis, allow- ing greater flexibility and diversification of 10-12-1 GENERAL REGULATIONS. land uses and building locations than the conventional single lot method. It is the in- [Ordinance 3223, 6/21/82] tent of this Section that the basic principles of 50 CHAPI ER 12 "R-P"PLANNED RESIDENCE DISTRICT 10-11-3 BULK REGULATIONS. good land use planning be maintained and 2. Three (3) copies of the development that sound zoning standards as set forth in plan shall be submitted and referred this Ordinance concerning population den- to the Commission for study and re- sity, adequate light and air, recreation and port. The Commission shall then re- open space and building be preserved. view the conformity of the proposed development with the standards of B. Uses Permitted. the Comprehensive Plan and with Single family, two family and multiple recognized principles of civic design, family dwellings, except that no multiple land use planning and landscape ar- family dwellings will be allowed in the "R- chitecture. 1,R-P" or "R-2,R-P" Districts. Occupant ga- 3. The Commission may require a time- rages and storage space, and similar ac- table and a development schedule for cessory uses. Non-commercial, outside and the project. The Commission may al- inside recreational facilities. Neighborhood so require that no permit for any retail uses and those permitted in the "C-1" commercial structure or building shall Commercial District may be specifically and be issued until at least twenty-five(25) selectively authorized by the City Council percent of the Planned Residence Dis- upon recommendation of the Commission, trict in question is developed for resi- except that no commercial uses or activities dential uses allowable under its par- will be allowed in "R-1, R-P" or "R-2, R-P" ticular zoning classification. areas and any approved commercial areas must be within an overall "R-P" Planned 4. The Commission may require, in the Residence package of more than ten (10) absence of an appropriate physical acres. Commercial uses and accessory uses barrier along the project boundary, shall be in accordance with this Section and that uses not be in conflict with those also Section 10-14-1,not to exceed twenty-five allowed in adjoining property or a (25) percent of the overall development, buffer of open space or screening be however, professional office uses shall not arranged along the borders of the pro- count towards the percentage of allowed ject. commercial uses. 5. After notice and a public hearing, the C. Procedure. Commission may recommend ap- Whenever any application for an "R-P" proval or disapproval of the devel- Planned Residence District as an amendment opment plan and zoning petition as to the Zoning Ordinance is submitted for a submitted or require that the peti- particular development, the following proce- tioner amend the plan to preserve the dure shall be utilized to facilitate said intent and purpose of this Ordinance amendment: to promote public health, safety and 1. The owner or owners of any tract of general welfare. land comprising an area of not less 6. The development plan and zoning pe- than two (2) acres may submit a peti- tition as recommended by the Com- tion requesting to change to the "R-P" mission shall then be reported to the Zoning District Classification, except City Council, whereupon the City that there shall not be a minimum ar- Council after notice and a public hear- ea for property within the consoli- ing may approve or disapprove said dated urban revitalization or plan as reported or may require such enterprise zone area. [Ordinance 4710, changes thereto as it deems necessary 8/9/04] to effectuate the intent and purpose of this Ordinance. 51 CHAY1 ER 12 "R-P"PLANNED RESIDENCE DISTRICT 10-11-3 BULK REGULATIONS. 7. Required Documents- Site Develop- layout of streets, types of ment Plan development, access a. A site analysis showing a review drives, and a legal descrip- of topography, patterns, existing lion of the property. Such vegetation, sanitary sewer and a plan would be forwarded water service, and major street to the Commission for connections. their recommendation on the rezoning of the land b. A schematic at 1" = 50' minimum only. However, nothing in showing location of: this Section shall be i. Buildings with height and ex- deemed to constitute ap- terior design oftypical struc- proval of (b) below upon approval of this Section. tures and the number of dwell- ing units in each (b) If the rezoning of the land ii. Parking areas only is approved by City Council after review by the iii. Access drives and sidewalks Commission, the request iv. Streets abutting or within the must then go to a second proposed development public hearing process for the approval of the final v. Required peripheral yards development plan. Said vi. Common land, recreation ar- final plan would include eas and parks the criteria listed above in subsection (7)(b)(i-xii) and vii. Existing and proposed utilities any additional information and public easements deemed necessary by the viii. Development stages and tim- Commission or City Coun- ing cil. [Ordinance 4358, 5/3/99] Said final development ix. All proposed walls and fences plan must be approved be- x. Proposed signs and their lo- fore any development can cation occur and before construc- xi. Lighting facilities and their to lion of any public infra cation structure. xii. Name of property owner or 8. Site Plan Amendments owners, legal description of a. Major the property, point of com Any change in the site plan pass, scale and date deemed to be substantial after the xiii. However, the applicant may Council has approved the plan also choose an alternate two- shall be resubmitted and consid- stage public hearing process in ered in the same manner as the which the following would oc- original site plan. The site plan cm: shall be prepared in accordance (a) The applicant would need with Section 10-12-1(C) (Proce- to submit an overall site dure) of this Section. plan with a preliminary 52 CHAPTER 12 "R-P"PLANNED RESIDENCE DISTRICT 10-11-3 BULK REGULATIONS. Examples of major changes may site to another use classified in the include, but are not limited to the same zoning district; minor following: changes in density, change in building locations; or changes in classification of land as change in the locations of access, assigned on the approved site de- driveways, or parking areas,. The- velopment plan, the exterior street se changes may be carried out connections or major traffic through the administrative review changes. A change in use may go and approval of the Planning staff. through the minor approval proc- Minor changes may include addi- ess as long as the change is similar lions to an existing building which to the type of use approved with do not increase the floor area by the development plan, and if more than fifty (50) percent of the compatibly designed in relation to floor area of the building pro- surrounding uses. Similar shall be posed to be added on to and new defined as a permitted use in the buildings with a floor area not ex- same zoning classification (R-1, R- ceeding ten (10) percent of the 2, R-3 or R-4) as the site in ques- floor area of all existing or ap- tion is listed as on the approved proved principal buildings. Minor site plan. Areas not designated or changes may also include a designated as residence or one change in the location or type of and two family residence shall residential structure(s) as long as permit "R-2" uses. Areas desig- the overall density (units per acre) nated as multiple family or multi- is not significantly increased by ple residence shall permit "R-4" more than what was previously uses excluding office uses. Areas approved. If staff determines that designated as office or profes- the magnitude of any such change sional office shall permit "R-4" is significant in nature or could office uses. become significant in nature, the b. Minor change, it shall be deemed major and shall be resubmitted and con- A site plan shall be prepared in sidered in the same manner as the accordance with Section 10-12- original site plan in accordance 1(C) (Procedure) of this Section for with Section 10-12-1(C) (Proce- any alteration to a site plan lo- dure), including a public hearing cated in an "R-P" Planned Res- before the Commission and City idence District. Minor Site Plan Council. In determining if a Amendments shall be change is significant in nature the administratively reviewed by the Planning staff shall consider, Planning staff. If the change is among other things, the overall considered insignificant in nature, design of the proposed change staff may approve the change and its compatibility to the exist- without a review and public ing development and surrounding hearing before the Commission development, as well as impact on t,zd Ci Co cif. the nei hborhood due to changes amps ommor changes may g S include, but are not limited to the in parking, traffic, etc. or changes following: the location, construe in visibility or aesthetics from the lion, replacement or change in public roads or adjoining proper- type of signage; change in use of a ties caused by the proposed change. 53 CHAP!ER 12 "R-P"PLANNED RESIDENCE DISTRICT 10-11-3 BULK REGULATIONS. D. Standards. area per dwelling unit required by the 1. All dedicated streets, sanitary sewers zoning district or districts in which and storm sewers shall be subject to the Planned Unit Development is lo- the approval of the City Engineer. cated and then multiplying by a mul- tiplier of one hundred twenty-five 2. No building permit for any building (125)percent. or other structure within the devel- opment shall be issued until the final Net development shall be determined by subtracting the area actually pro- development plan is approved by the City Council. posed for public street right-of-way from the gross development area. The 3. The parking requirements of the Zon- area of land set aside for common ing Ordinance shall apply to all de- land, private drives, private streets, velopments, except the City Council off-street parking, open space, recrea- may, after recommendation from the lion areas, as well as the building sites Commission, alter those requirements shall be included in determining the to preserve the intent and purpose of maximum number of dwelling units this Ordinance. permitted. 4. The minimum yard requirements of E. Deed Restrictions. the underlying zoning district in which the development is located The Commission or City Council may shall not apply except that the re- consider any deed restrictions or covenants quired yard shall be compatible entered into or contracted by the developer and/or similar to adjacent properties concerning the use of common land or per- provided around the boundary of the manent open spaces. Common land as herein development. However, the Commis- contained shall refer to land retained in pri- sion and City Council may require vate ownership but intended for the use of additional setbacks or other require- residents of the development unit or the gen- ments if needed. eral public. 5. The maximum building height within F. Commencement and Completion. the development boundaries shall not The Council may condition the approval exceed the maximum height regula- of the site plan upon the developer commenc- tions of its underlying zoning district, ing construction of the development within except that for development at least two (2) years and contingent upon comple- one hundred (100) feet from the de lion of construction and improvements with- velopment boundaries, Council may, in a reasonable period of time after Council after recommendation from the Plan- approval. In determining such time period, ning, Programming and Zoning the Council shall consider the scope and Commission, alter these requirements. magnitude of the development. Failure to 6. The Commission and City Council meet these requirements shall be deemed suf- will review each plan to determine the ficient cause for the Council, in accordance number of dwelling units to be per- with the provisions of this Ordinance to re- mitted. zone the subject property to the zoning classi- The maximum number of dwelling fication effective at the time of the original units permitted in an "R-P" District submittal of the petition unless an extension shall be determined by dividing the is approved by the Council for due cause shown after recommendation by the Corn- net development area by minimum lot mission. 54 CHA1'1ER 13 "S-1"DISTRICT REGULATIONS (Shopping Center Commercial District) 10-13-1 REGULATIONS. G. Land Usage. Since shopping center developments, The land usage, minimum lot area, yard whether large or small, have a significant ef- fect upon the Comprehensive Plan for the de- height, and accessory uses shall be deter- by the requirements set out in this Sec velopment of the City, extensive authority lion, which shall prevail over conflicting re- over their development is retained by the quirements of this Ordinance or Subdivision Commission. Many matters relating to the Ordinance. shopping center's design, its potential for success or failure and its effect upon sur- H. Platting Required. rounding neighborhoods must be considered If platting is required and a final plat has by the Council and Commission in order to not been approved and recorded on any part reasonably be assured that the area will not or portion of the development, the platting eventually become blighted. It is further in- procedure must be followed in accordance tended that in the event of an applicant's fail- with the City of Waterloo Subdivision Ordi- ure to construct a shopping center in accor- dance with a reasonable time schedule, the nance No. 2997 on all portions or parts not City Council shall enact the necessary legisla- platted. The site development plan can be tion to reclassify the area to another classifica- resubmitted as a preliminary plat if it meets lion consistent with the surrounding neigh- the preliminary plat requirements. [Ordinance borhood in order that the property will not be 3223, 6/21/82] sterilized from use. Such action would also, because of the reduction in commercial zon- ingCHAPTER 13 in a given area, provide conditions whereby it could be reasonable for the Coun- "S-1" DISTRICT cil to classify other areas in the vicinity for REGULATIONS shopping center use. (Shopping Center Commercial District) A. Procedures. 10-13-1 REGULATIONS. The owner or owners of any tract of land The "S-1" District is intended to provide comprising an area of not less than five (5) for the development of shopping centers. For acres may submit to the City Council a plan the purpose of this Section, the term "shop- for the commercial use and development of such tract for ping center" shall mean a planned retail andthe purpose of meeting the re- quirements of this Section. Said plan shall be service area often under single ownership, management, or control characterized by a accompanied by evidence concerning the fea concentrated grouping of stores and com sibility of the project and its effects on sur- p g roundingproperty and shall include each of patible uses, with various facilities designed P p tY to be used in common, such as ingress and the following: egress roads, extensive parking accommoda- 1. A site plan defining the areas to be tions, drainage, etc. The "S-1" District shall developed for buildings, the areas to allow greater flexibility and diversification of be developed for parking, the location land uses and building locations than conven- of sidewalks and driveways and the tional single lot method. It is the intent of this points of ingress and egress, including section that the basic principles of good land access streets where required, the lo- use planning be maintained and that sound cation and height of walls, the location zoning standards as set forth in this Ordi- and type of landscaping, and the loca- nance concerning orderly growth and devel- lion, size and number of signs. opment, traffic patterns, and compatible de- sign and use be preserved. 55 CHAPTER 13 "S-1"DISTRICT REGULATIONS (Shopping Center Commercial District) 10-13-1 REGULATIONS. 2. An analysis of market conditions in any additional restrictions proposed by the the area to be served, including the owner. The lot area, lot frontage, and yard types and amount of service needed requirements of the "C-2" District shall be and general economic justification. considered minimum for the "S-1" District; 3. A traffic analysis of the vicinity indi- however, it is expected that these minimums eating the short term and long term rawth be exceeded in most situations. Build- rags may be erected to heights greater than effect of the proposed shopping center on the adjacent streets. those allowed in the "C-2" District in accor- dance with the intent and purpose of this Sec- 4. A statement of financial responsibility lion, and the minimum yard requirements to assure construction of the shopping and parking requirements of this Ordinance center, including landscaping, in ac- shall apply to all developments, except that cordance with the plan and the re- the City Council may, after recommendation quirements of this Section. from the Commission, alter those require- ments to preserve the intent and purpose of Said development plan shall be referred to the Commission for study and for report this Ordinance. after public hearing. The Commission shall C. Completion. review the conformity of the proposed devel- opment with the standards of the Compre- The Council may make the approval of hensive Plan and with recognized principles the shopping center plan contingent upon the of civic design, land use planning, and land- completion of construction and improve- scaping architecture. The Commission may ments within a reasonable period of time, approve the plan as submitted or before ap- provided; however, that in the determination proval may require that the applicant modify, of such period, the Council shall consider the alter, adjust, or amend the plan as the Com- scope and magnitude of the project and any mission deems necessary to the end that it schedule or timetable submitted by the de- preserve the intent and purpose of this Ordi- veloper. Failure to complete the construction nance to promote public health, safety, mor- and improvements within said period of time als, and general welfare. The development shall be deemed sufficient cause for the plan as approved by the Commission shall Council in accordance with the provisions of then be reported to the City Council, where- Section 10-32-1 to rezone the subject property upon the City Council may after notice and to the classification effective at the time of public hearing approve or disapprove said original submission of the shopping center plan as reported or may require such changes plan unless an extension is recommended by thereto as it deems necessary to effectuate the the Commission and approved by the Coun- intent and purpose of this Ordinance. Upon cil for due cause shown. Any proposed approval of the plan, the City Council shall change in the shopping center plan after ap- then initiate a change in zoning of the subject proval by the Council, shall be resubmitted tract of land in accordance with the provi- and considered in the same manner as the sions of Section 10-32-1 of this Ordinance to original proposal. the"S-1" District classification. D. Minor Site Plan Amendments. B. Standards. [Ordinance 2913, 8/22/77] Uses permitted in the "S-1" District shall [Ordinance 3918, 1/11/93] include any use permitted in the "C-3" Dis- [Ordinance 4142, 12/18/95] trict, except adult uses as defined in this Or- A site plan shall be prepared in accor- dinance or except as limited by this district, dance with subsection A above for any altera- provided, however, the Council may consider 56 C C-I 14 " - "NEIGHBORHOOD COMMERCIAL DLSTRICT 10-14-1 REGULATIONS. lion to a site plan located in a "S-1" Shopping CHAPTER 14 Center Commercial District. Minor Site Plan Amendments shall be administratively re "C-1" NEIGHBORHOOD viewed by Planning staff. If the change is COMMERCIAL DISTRICT considered insignificant in nature, staff may approve the change without a review and [Ordinance 3192, 2/22/82] public hearing before the Commission and City Council. 10-14-1 REGULATIONS. Examples of minor changes may include, but The regulations set forth in this Chapter are not limited to the following: the location, and contained in Chapter 5 shall apply in the construction, replacement or change in type "C 1" Neighborhood Commercial District. of signage; change in use to a similar use ap- The "C-1" Neighborhood Commercial proved with the development plan; minor District is intended to provide for areas of the change in building locations; or change in the community which are suitable for a commer- locations of access, driveways, or parking ar- cial development and are adjacent to Resi- eas. These examples may be carried out dence Districts and in which such commercial through the administrative review and ap- uses are permitted as are normally required proval of the Planning staff. Multiple pole for the daily local retail business needs of the signs on a single site will be considered as a residents of the locality only. Any outside major change. storage of materials or equipment shall be limited changes may include additions to and clearly incidental and accessory an existing building or new buildings which to the Principal Permitted Use, and shall not do not increase the existing floor area by include the outside storage of junk or salvage more than ten (10) percent of the floor area of material or similar debris. Outside storage of t bepermitted all existing or approved principal buildings. materials or equipment shall not If staff determines that the magnitude of any in a front yard. This provision shall not re- such change is significant in nature or could strict the outside storage of licensed and op erable vehicles that are accessory and clearly become significant in nature, the change shall be deemed major and the change shall be re- incidental to the Principal Permitted Use, and submitted and considered in the same man- shall not restrict outside display areas when ner as the original site plan in accordance such display areas display items that can be with Section 10-13-1(A) (Procedures), includ- legally sold by a commercial business on the ing a public hearing before the Commission property and when the display area does not and City Council. In determining if a change exceed an area equal to the area occupied by is significant in nature the Planning staff shall the building(s) on a property. consider, among other things, the overall de- A. Principal Permitted Uses: sign of the proposed change and its compati- 1. Any use permitted in the"R-4" District. bility to the existing development and sur- rounding development, as well as impact on 2. Group Homes [Ordinance 4554, 6/3/02] the neighborhood due to changes in parking, 3. Any retail business or service estab- traffic, etc. or changes in visibility or aesthet- lishment such as the following: ics from the public roads or adjoining proper- ties caused by the proposed change. Animal Hospital or Veterinary Clinic, provided all phases of the business conducted upon the premises be with- in a building where noises and odors are not evident to adjacent properties Antique Shop 57 CHAYI LR 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS. Apparel Shop Paint and Wallpaper Store Bakery,retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service Bookstore Radio and Television Studios, pro- vided that any towers or transmitting Candy Shops, retail only facilities are in accordance with Car Wash Section 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Coffee House Shoe Repair Shops Sporting Goods Collection Office or Public Utility Tailor Shop Commercial Parking Lots for passen- ger vehicles in accordance with the Theaters provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exclud- 11/23/09] ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishment listed above that is also a Delicatessen and Sub Shop limited alcohol sales use as defined herein, further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo limited alcohol Financial Institution sales use shall sell or dispense al- coholic beverages via a drive- Florist and Nursery Shop,retail only through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in Furniture Store system. Notwithstanding any- thing in Section 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window or system before adoption of Or- Grocery dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall comply with the requirements of Household Appliances,sale and repair this paragraph, no later than De- Jewelry Store cember 31, 2013. Landscape Gardener b. -For the establishment of new lim- Launderette (Laundromat) ited alcohol sales use locations, fencing or other approved screen- Meat Locker, storage and retail sales only ing shall be constructed along the Music Store property line with any abutting protected use, unless determined 58 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS. by the City Planner or designee to B. Accessory Uses: be infeasible. [Ordinance 4976, 1. The following accessory uses are per- 11/23/09] mitted in a"C-1" District. c. No establishment that is a limited a. Accessory uses permitted in the alcohol sales use shall exhibit on "R-4" District the exterior of the premises any image or verbiage that makes use b. Storage of merchandise incidental of the words "alcohol," "beer," to the principal use may be stored "wine," "liquor," or any variant or in the principal building on the lot synonym of any such word, or any in question, but not to exceed forty type of such beverage, or that in- (40) percent of the floor area for dicates or suggest that such bever- said principal building. ages may be purchased in or upon C. Height Regulations. the premises. Notwithstanding anything in Section 10-5-1(B) to No building shall exceed three (3) stories the contrary, any existing business or forty-five (45) feet in height at the required that does not conform to this re- front, side and rear yard lines, except two (2) quirement shall conform no later feet may be added to the height permitted at than December 31,2013. said yard lines for each one (1) foot that the building or portion thereof is set back from 5. Business or professional office and the required yard lines and except as further similar uses not included in the above provided in Section 10-27-1. [Ordinance 4709, list supplying commodities or per- 8/9/04] forming services primarily for resi- dents of the neighborhood subject to 10-14-2 BULK REGULATIONS. the administrative review and ap- [Ordinance 3192, 2/22/82] proval of the Planning staff. If staff [Ordinance 4592, 1/6/03] determines that the proposed use is not similar in nature, it shall be con- The following minimum requirements sidered a proposed use not covered shall be observed subject to the modified re- by title, as regulated in 10-5-1(R). quirements contained in Section 10-27-1: "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD a) (2)(3) COVERAGE FAMILY Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft.(4) Same as"R-4" 35 ft. No Maximum ted Uses mum mum District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/92] (2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (3) For every additional foot the front yard depth is increased over the required setback,the rear yard depth may be decreased in direct proportion thereto,but in no vase shall the rear yard be less than ten(10)feet. (4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street.It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. 59 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. CHAPTER 15 meet the following separation re- quirements: "C-2" COMMERCIAL DISTRICT a. At least 600 feet from any other adult use measured in a straight [Ordinance 3192, 2/22/82] line from the closest points of the property lines in which the adult 10-15-1 REGULATIONS. uses are located. The regulations set forth in this Chapter b. At least 600 feet from any resi- and contained in Chapter 5 shall apply in dentially zoned property rneas- the "C-2" Commercial District. The "C-2" ured in a straight line from the District is intended to provide for areas of closest point of the property line the community which are developed or will in which the adult use is located be soon as moderate intensity commercial to the closest residentially zoned area. These areas are often associated with property line. the major traffic arteries and highways lo- c. At least 600 feet from any pro- cated within the community. Any outside tected use as defined herein storage of materials or equipment shall be which distance shall be meas- limited and clearly incidental and accessory ured in a straight line from the to the Principal Permitted Use, and shall not closest point of the property line include the outside storage of junk or sal- which the adult use is located to vage material or similar debris. Outside the closest point of the property storage of materials or equipment shall not line in which is located an bepermitted in a frontyard. provision aforementioned This pro lslon e honed protected use. If shall not restrict the outside storage of nurs- a protected use is a legal non- ery, landscaping and garden material, and conforming use, this provision licensed and operable vehicles, or unli- shall not apply. [Ordinance 3642, censed operable vehicles for sale, that are 5/1/89] accessory and clearly incidental to the Prin- 3. Non-Limited Alcohol Sales Uses, cipal Permitted Use. This provision shall upon approval of a Special Permit by not restrict other outside display areas the Board of Adjustment after rec- when such display areas display items that ommendation of the Commission, can be legally sold by a commercial business except that a Special Permit shall not on the property and when the display area be required if such use is located does not exceed an area equal to the area along a principal arterial or inter- occupied by the building(s) on a property. state according to the Urban Federal A. Principal Permitted Uses: Functional Classification System prepared by IDOT, provided that 1. Any use permitted in the "C-1" such uses meet the following re- Commercial District, on the terms set quirements: forth for such use in the "C-1" Dis- trict. a. '}No non-limited alcohol sales use shall sell or dispense alco- 2. Adult uses as defined in the defini- holic beverages via a drive- tions Section, upon approval of a through or walk-up window or Special Permit by the Board of Ad- any similar drive-up or drive-in justment after review by the Corn- system. and provided that, mission and provided that such uses 60 CHAYI hR 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. Notwithstanding anything in has been issued7 or for which an Section 10-5-1(B) to the contrary, application for such a license has any alcohol sales use that made been submitted but not yet use of such a window or system granted, shall be located within before adoption of Ordinance 600 feet of another alcohol sales 4976 on 11/23/2009 shall cease use holding the same class of li- and desist from use of such a cense, as measured in a straight window or system, and shall line from the ncarestclosest comply with the requirements of points of the property lines part this paragraph, no later than De- of the building structure or out cember 31, 2013. door service area in which the of an alcohol sales uses are located. b. wNo With respect to any non- limited alcohol sales use that holds a Class E off-premises liq- erty line of such other alcohol uor control license or for which sales use. an application for such a license d. No non-limited alcohol sales use has been submitted but not yet shall be located within 250 feet of granted shall be located within , another non-limited alcohol sales such uses arc at least 600 feet use, as measured in a straight from a protected use, and no line from the closest points of the with respect to all other non- property lines in which the alco- limited alcohol sales uses such hol sales uses are located. uac, shall be located within are e_Fencing or other approved at lest 250 feet,from a protected screening shall be constructed use, as measured in a straight along the property line with any line from the closest:earest pointpart of the property line abutting protected use, unless determined by the City Planner building structure or outdoor to or designee to be infeasible. service area in which of-an alco- hol sales use is located to the The provisions of this subsection (3) closest point of the property line shall not apply to limited alcohol of any protected use_, upon ap sales uses, which shall instead proval of a Special Permit by the comply with the requirements of Board of Adjustment after rec the"C 1" District. ommendation of the Commis 4. Animal Hospital or Veterinary Clinic sion, except that a Special Permit providing any exercising runway shall not be required if Such use shall be at least two hundred (200) is located along a principal arte feet from any "R" District and one rial or interstate according to the hundred (100) feet from any "C-1" Urban Federal Functional Classi District boundary. fication System prepared by IDOT. 5. Automobile, Motorcycle, Trailer and (Ordinance 4976, 11/23/09] Farm Implement establishments for display, hire and sales (excluding c. No non-limited alcohol sales use auctions and not including sales lots that is not a limited alcohol sale;, without a principal building except use, for which a Class E off- for satellite lots when the lot is abut- premises liquor control license ting or across a street from a lot with 61 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS. a principal building including an of- and, for equipment yards, upon ap- fice), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by tion with their own and customers' the Commission. vehicles, but not including uses in 13. Department Stores which the major source of revenue is from body and fender work. In ad- 14. Drinking Establishments, Taverns, dition, this paragraph shall not be Bars and Night Clubs, Summer Gar- construed to include automobile, dens, and Road Houses, including tractor, or machinery salvage and entertainment and dancing, pro- used parts yards. Machinery, sal- vided that any such use that meets vaged or used parts, and vehicles the definition of Alcohol Sales Use not in running condition and not be- shall meet the requirements for an ing actively restored to running con- alcohol sales use. dition, or not DOT operational and 15. Hotels [Ordinance 4592, 1/6/03] not licensed, shall be located in an enclosed building. 16. Kennel, provided the principal building is at least 250 feet and any 6. Ballrooms and Dance Halls outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially 8. Bowling Alleys zoned property measured in a straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and 10. Commercial Baseball Fields, Swim- upon approval of a Special Permit by I ming Pools, Skating, Golf Driving the Board of Adjustment after re- Ranges, commercial campgrounds view by the Commission. or similar open air recreational uses 17. Laundries or Laundromats and facilities, upon approval of a 18. Lawn Mower Repair Shop Special Permit by the Board of Ad- justment after review by the Corn- 19. Lumber Yards and Building Materi- mission. als, retail, but not including any manufacturing or fabricating for 11. Contractor Businesses, including wholesaling operations. Carpenter and Cabinet Shop, Plumb- ing and Heating Shop, Roofing 20. Mini-storage or storage rental devel- Shop, Sheet Metal Shop, Sign Paint- opment, upon issuance of a Special ing Shop, and similar uses, provided Permit, which shall review the loca- there is no outside equipment yard. tion for compatibility of surround- ing, highest and best use of land, 12. Contractor Businesses including and proximity to a major thorough- Contractor Equipment Yards, pro fare. [Ordinance 4683, 4/12/04] It is vided that equipment yards shall be the intent of this provision for such effectively screened on each side fac uses to be towards the rear of highly ing a Residential District and on visible commercial ro er ' each side facing a public street by a p p fence, wall or densely planted corn- 21. Monument Sales Yard, but not with- pact hedge not less than six (6) feet out a principal building. or more than eight (8) feet in height, 62 CHAPTER 15 "C-2"COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS. 22. Off-premise advertising in accor- use is not similar in nature, it shall dance with Section 10-26-1. [Ordi- be considered a proposed use not nonce 4724, 9/20/04] covered by title, as regulated in 10-5- 23. Motels and Auto Courts 1(R). 24. Pet Shop,including Aquariums B. Accessory Uses: 25. Printing Shops, not to include more 1. Accessory uses permitted in the than two (2) 12"x 18" inch job press- "C-1" District. es 2. Accessory uses and structures cus- 26. Restaurant: Fast Food Type and tomarily incidental to any permitted Standard Type, and drive-in eating principal uses. establishments, provided that any such use that meets the definition of 10-15-2 BULK REGULATIONS. an Alcohol Sales Use shall meet the [Ordinance 3050, 10/1/79] requirements for a limited alcohol [Ordinance 3192, 2/22/82] sales use (on-premise consumption). [Ordinance 4592, 1/6/03] 27. Other similar service and retail busi The following minimum requirements nesses not included in the above list shall be observed, subject to the modified subject to the administrative review requirements contained in Section 10-27-1: and approval of the Planning staff. If staff determines that the proposed "C-2" COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD m SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)e0 LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft. 20 ft. No building shall Hotels mum exceed 4 stories or 48 feet in height (5) Other Per- No Mini- No Min- No Minimum 20 ft.() Same as"R-4" 35 ft. mitted mum imum District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (4) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (5) For every additional foot all yard lines are increased over the required setback,the building height may be increased by two(2) feet,including allowing additional stories,except as further provided in Section 10-27-1. 63 CHAFFER 16 "C-P"PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS. CHAPTER 16 may require other elements for consideration. Furthermore, the failure to produce an aes- "C-P" PLANNED thetically compatible site design and layout COMMERCIAL DISTRICT may result in a specific lot location within the district for such uses, to screen the site ap- [Ordinance 4635, 8/11/03] pearance from the traveled way or residen- 10-16-1 GENERAL REGULATIONS. tial, or denial in the use. A. Intent. B. Uses Permitted. The "C-P" Planned Commercial District is 1. Any uses permitted in the R-4 District. intended and designed to provide a means 2. Any use permitted in the C-1 or for the residential and compatible commercial C-2 Districts that is compatibly development of tracts of land on a unit basis, designed and deemed an appropriate allowing greater flexibility and diversification commercial use to the surrounding of land uses and building locations than the development. conventional single lot method. It is the in 3. Gaming facilities. The Commission tent of this Section that the basic principles of and City Council shall evaluate the good land use planning be maintained and site layout, traffic, and other ordi- that sound zoning standards as set forth in nance and code provisions. The im- this Ordinance concerning orderly growth and development, traffic patterns, and corn- pact upon existing infrastructure and patible design and use be preserved. development as well as the overall growth and development of the corn- The ideals of the Planned Commercial munity will also be reviewed. [Ordi- District stern from the Mixed Use Commercial nance 4735, 10/18/04] categorization on the Future Land Use Map Compatibly designed commercial uses contained within the City of Waterloo Corn- shall include, but not be limited to, screening prehensive Plan. The areas designated for Mixed Use Commercial work to direct such and buffering from residential uses, shall be developments into areas of transition from oriented for and designed for efficient traffic flow to major thoroughfares, shall have lim- commercial to residential, based on current ited outside storage of materials,and lighting, developments. The compatibly designed signage, and shall have building design that commercial uses allowed in C 1 or C-2 Dis complement surrounding development. Each tricts may be specifically and selectively au- site would be evaluated on an individual ba- thorized by the City Council upon recom sis for these criteria of compatibility. If staff mendation of the Commission, except that no determines that such a commercial use is commercial uses will be allowed which ap- compatibly designed, it shall approve the re- pear detrimental to the intent of this district quest through staff administrative review. If or the essential character of the neighbor- staff determines that such a change does not hood. Commercial uses will be compatibly meet these criteria, the request would need to designed to blend in with the built or planned go back to the Commission and City Council environment and shall incorporate the fol- for a formal site plan review process. The lowing elements into their design; building Commission and City Council shall review facade, landscaping, signage, screening, and the request as described in the Intent of this site orientation and layout. Special attention Section. will be paid to outside storage and whether it is limited, screened,or nonexistent. This shall not be deemed all inclusive and specific uses 64 CHAPTER 16 "C-P"PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS. C. Procedure. achieve the intent and purpose of this Whenever any application for a "C-P" Ordinance. Planned Commercial District as an amend- 5. Required Documents - Site Develop- ment to the Zoning Ordinance is submitted merit Plan for a particular development, the following a. A site analysis showing a review procedure shall be utilized to facilitate said of topography patterns, existing amendment: vegetation, sanitary sewer and 1. The owner or owners of any tract of water service, and major street land comprising an area of not less connections. than two (2) acres may submit a peti b. A scaled drawing showing the lo- tion requesting to change to the "C-P" cation of: Planned Commercial District Classifi- cation, except that there shall not be a i. Overall site layout with areas minimum area for property within the designated for differing uses. consolidated urban revitalization or ii. Preliminary street layout with enterprise zone area. [Ordinance 4801, pedestrian amenities and 03/13/06] overall conceptual drainage 2. Three (3) copies of the proposed de- plan. This should include velopment plan, with planned uses, connections from abutting shall be submitted and referred to the streets to proposed develop- Commission for review and report. ment site as well as proposed The Commission shall then review the internal streets. A plan for pe- proposed development for conformity destrian movements, trails with the standards of the Comprehen- and/or sidewalk system, sive Plan and with recognized princi- should be either required or pals of civic design, land use planning non-required in their entirety and landscape architecture. to insure no gaps are created 3. After notice and a public hearing, the through individual site devel Commission may recommend ap- opment. proval or disapproval of the devel- iii. Required peripheral yards. opment plan and zoning petition as iv. Proposed development stages submitted or require that the peti- and timing, if deemed neces- tioner amend the plan to preserve the sary by staff. intent and purpose of this Ordinance to promote public health, safety and v. Traffic analysis, if determined general welfare. necessary by City Traffic Engi- 4. The development plan and zoning pe- neer. tition as recommended by the Com- vi. Name of property owner or mission shall then be reported to the owners, legal description of City Council, whereupon the City the property, point of com- Council, after notice and a public pass,scale and date. hearing, may approve or disapprove c. The original site detailing pro- said plan and zoning petition as re- posed development shall be re- ported or may require such changes viewed by the Commission for re- thereto as it deems necessary to view and recommendation to the City Council, where a public hear- 65 CHAPTER 16 "C-P"PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS. ing would be required. The City shall be resubmitted and consid- Council reserves the right to add ered in the same manner as the conditions as deemed necessary to original site plan. The site plan preserve the intent of this district. shall be prepared in accordance However, the applicant may also with Section 10-16-1(C) (Proce- choose an alternate two-stage pub- dure) of this Section. lic hearing process in which the Examples of major changes may following would occur: include, but are not limited to the i. The applicant would need to following: changes in classifica- submit an overall general site tion of land as assigned on the ap- plan with a preliminary layout proved site development plan, the of streets, types of develop- exterior street connections or ma- ment, access drives, and a le- jor traffic changes. A change in gal description of the property. use may go through the minor ap- Such a plan would be for- proval process as long as the warded to the Commission for change is similar to the type of use their recommendation on the approved with the development rezoning of the land only. plan, and if compatibly designed However, nothing in this Sec- in relation to surrounding uses. lion shall be deemed to consti- Similar shall be defined as a per- tute approval of subsection (2) mitted use in the same zoning below upon approval of this classification (R-4, C-1 or C-2) as Section. the site in question is listed as on the approved site plan. Areas des- ii. If the rezoning of the land only is approved by City Council ignated as commercial or"C" shall after review by the Commis- permit "C 1" uses, and shall only sion, the request must then go permit"C-2" uses through the ma- to a second public hearing jor approval process. Areas not process for the approval of the designated or designated as resi final development plan. Said dence, multiple family, multiple final plan would include the residence, or office shall permit criteria listed in subsection "R-4" uses. (5)(b)(i-vi) above and any ad- b. Minor ditional information deemed A site plan shall be prepared in necessary by the Commission accordance with Section 10-16- or City Council. Said final de- 1(C) (Procedure) of this Section for velopment plan must be ap- any alteration to a site plan lo- proved before any develop- cated in a "C-P" Planned ment can occur and before Commercial District. Minor Site construction of any public in- Plan Amendments shall be frastructure. administratively reviewed by 6. Site Plan Amendments Planning staff. If the change is considered insignificant in nature, a. Major staff may approve the change Any change in the site plan without a review and public deemed to be substantial after the hearing before the Commission Council has approved the plan and City Council. 66 CHAPTER 16 "C-P"PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS. Examples of minor changes may design of the proposed change include, but are not limited to the and its compatibility to the exist- following: the location, construc- ing development and surrounding tion, replacement or change in development, as well as impact on type of signage; change in use of a the neighborhood due to changes site to another use classified in the in parking, traffic, etc. or changes same zoning district; minor in visibility or aesthetics from the change in building locations; or public roads or adjoining proper- change in the locations of access, ties caused by the proposed driveways, or parking areas. The- change. se examples may be carried out D. Standards. through the administrative review and approval of the Planning staff. 1. All dedicated streets, sanitary sewers Multiple pole signs on a single and storm sewers shall be subject to site will be considered as a major the approval of the City Engineer. change, as described under D7 of Storm water detention facilities this Section. should be aesthetically designed, if possible, to blend into site and avoid Minor changes may include addi uses such as rip rap, fencing, etc. that tions to an existing building which may detract from the intent of the dis- do not increase the floor area by trict. more than fifty (50) percent of the floor area of the building pro- 2. No building permit for any building posed to be added on to, or new or other structure within the devel- buildings with a floor area not ex- opment shall be issued until the final ceeding ten (10) percent of the development plan, or amendment floor area of all existing or ap- thereto, is approved by the City proved principal buildings. Minor Council. changes may also include a 3. The parking requirements of the Zon- change in the location or type of ing Ordinance shall apply to all de- residential structure(s) as long as velopments, except the City Council the overall density (units per acre) may, after recommendation from the is not significantly increased by Commission, alter those requirements more than what was previously to preserve the intent and purpose of approved. If staff determines that this Ordinance. the magnitude of any such change 4. The landscaping requirements of the is significant in nature or could become significant in nature, the district shall be considered under Al- jchange shall be deemed major and ternative Compliance to create a the change shall be resubmitted common plan/theme for the entire and considered in the same man- district. ner as the original site plan in ac- 5. The minimum yard requirements of cordance with 10-16-1(C) (Proce- the zoning district in which the devel- dure), including a public hearing opment is located shall not apply ex- before the Commission and City cept that the required yard around the Council. In determining if a perimeter shall be compatible and/or change is significant in nature the similar to adjacent properties pro- Planning staff shall consider, vided around the boundary of the de- among other things, the overall velopment. However, the Commis- 67 CHAPTER 16 "C-P"PLANNED COMMERCIAL DISTRICT 10-16-2 BULK REGULATIONS. sion and City Council may require improvements within a reasonable period of additional setbacks or other require- time after Council approval. In determining ments if needed. such time period, the Council shall consider the scope and magnitude of the development. 6. The maximum building height within the development boundaries shall not Failure to meet these requirements shall be exceed the maximum height regula deemed sufficient cause for the Council, in lions of the zoning district in which it accordance with the provisions of this Ordi- is listed as a permitted use. Excep nance to rezone the subject property to the lions to this requirement may be al zoning classification effective at the time of lowed for development projects/sites the original submittal of the petition unless an that are at least one hundred (100) feet extension is approved by the Council for due cause shown after recommendation by the from the development boundaries. Such a request to alter these require- Commission. ments would be reviewed by the City G. Land Usage. Council after recommendation from the Commission. The land usage, minimum lot area, yard height, and accessory uses shall be deter- 7. The signs shall be in accordance with mined by the requirements set out in this Sec- the sign regulations for the "C-2" Dis- lion, which shall prevail over conflicting re- trict. A common type of design of guirements of this Ordinance or the Subdivi- signage should be noted on the over- sion Ordinance. all plan, although individual sign permits will still be evaluated for size H. Platting Required. and location. Additional pole signs, If a final plat, as defined and required by beyond the first, shall be required to the Subdivision Ordinance, has been ap- go through a major change amend- proved and recorded, the site development ment process. plan does not need to be recorded unless con- E. Deed Restrictions. tradictory to the recorded final plat. If a final plat has not been approved and recorded on The Commission and/or City Council any part or portion of the development, the may consider any deed restrictions or cove- platting procedure must be followed in ac- nants entered into or contracted by the devel- cordance with the City of Waterloo Subdivi- oper concerning the use of common land or sion Ordinance No. 2979 on all portions or permanent open spaces. Common land as parts not platted. The site development plan herein contained shall refer to land retained can be resubmitted as a preliminary plat if it in private ownership but intended for the - meets the preliminary plat requirements. mutual use of businesses of the development. This does not prohibit the platting and devel- Examples of this include, but are not limited opment of land within an approved area of to, shared parking areas, shared storm water the approved district in a phased manner. retention designs,etc. 10-16-2 BULK REGULATIONS. F. Commencement and Completion. The Council may condition the approval The following minimum requirements of the site plan upon the developer comment shall be observed subject to the modified re- ing construction on the first phase of the de quirements contained in Section 10-27-1: velopment plan within two (2) years and con- tingent upon completion of construction and 68 CH Al'1 tiR 17 "B-P" BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS. "C-P" PLANNED COMMERCIAL DISTRICT(4) USE MINIMUM MINIMUM MINIMUM FRONT YARD MINIMUM SIDE MINIMUM MAXIMUM LOT AREA LOT LOT AREA DEPTHS') YARD REAR HEIGHT&LOT 1 WIDTH PER YARD COVERAGE FAMILY Residential The requirements of the R-4 District shall serve as a guide,except that density requirements will be allowed as per D6 of the Uses Standards Section of the R-P Planned Residence District. Otherwise see the Standards Section of this District. Commercial No Mini- No Mini- No Mini- 20'or as determined to Same as"R-4" 20'0)(4) No maximums Uses mum mum mum be compatibly designed. District subject to site This will allow potential plan approval. zero lot line develop- ments to design build- ings to the front,where appropriate,and have parking to rear.(2) (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)that was legally established. This setback would apply to all structures on the same side of the street be- tween two (2) intersecting streets. This includes only buildings addressed and/or having their front yard setback facing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. (3) For every additional foot the front yard depth is increased over twenty(20)feet,the rear yard may be decreased in direct propor- tion thereto,but in no case shall the rear yard be less than ten(10)feet. (4) The rear yard setback is required except where an existing principal building on an abutting lot is loser to the rear lot line.In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established.This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. and development, traffic patterns, and com- CHAPTER 17 patible design and use be preserved. "B-P" BUSINESS PARK The Business Park designation shall work DISTRICT to allow an aesthetically pleasing professional office, commercial, and compatible industrial [Ordinance 4636, 8/11/03] park setting. The area designated for Busi- 10-17-1 GENERAL REGULATIONS. ness Park locations on the Future Land Use Map, contained within the Comprehensive A. Intent. Plan, direct such developments along major The "B-P" Business Park District is in- entryways into the community to allow for Proper design of traffic movements, as well as tended and designed to provide a means for the commercial and compatible light indus promote such land for development. The trial development of tracts of land on a unit compatibly designed heavy commercial and basis, allowing greater flexibility and diversi light industrial uses allowed in the C-2,C-3 or fication of land uses and building locations M-1 Districts may be specifically and selec- than the conventional single lot method. It is tively authorized by the City Council upon the intent of this Section that the basic princi- recommendation of the Commission, except pies of good land use planning be maintained that no such uses will be allowed which ap- Pear detrimental to the intent of this district. and that sound zoning standards as set forth in this Ordinance concerningorderlygrowth Uses will be compatibly designed to blend in with the built or planned environment and 69 CHAPI ER 17 "B-F"BUSINFSS PARK DISTRICT 10-17-1 GENERAL REGULATIONS. shall incorporate the following elements into Commission and City Council for a formal their design: building facade, landscaping, site plan review process. The Commission signage, screening, and site orientation and and City Council shall review the request layout. Special attention will be paid to out- as described in the intent of this Section. side storage and whether it is limited, screened, or nonexistent. This shall not be C. Procedure. deemed all inclusive and specific uses may Whenever any application for a "B-P" require other elements for consideration. Fur- Business Park District as an amendment to the thermore, the failure to produce an aestheti- Zoning Ordinance is submitted for a particu- cally compatible site design and layout may lar development, the following procedure result in a specific lot location within the park shall be utilized to facilitate said amendment: for such a use, to screen the site appearance from the traveled way,or denial in the use. 1. The owner or owners of any tract of land comprising an area of not less B. Uses Permitted. than two (2) acres may submit a peti- tion requesting to change to the "B-P" 1. Any uses permitted in the R-4 District Business Park Zoning District classifi- excluding residential uses. cation. 2. Any use permitted in the C-1 District, 2. Three (3) copies of the proposed de- except residential. velopment plan, with planned uses, 3. Any use permitted in the C-2, C-3 or shall be submitted and referred to the M-1 Districts that is compatibly de- Commission for review and report. signed, but not including residential The Commission shall then review the development and deemed an appro- proposed development for conformity priate industrial use to the surround- with the standards of the Comprehen- ing development. This includes ho- sive Plan and with recognized princi- tel/motel commercial buildings but ples of civic design, land use planning not residential including, but not lim- and landscape architecture. ited to, single or multi-family, apart 3. The Commission may require, in the ments, etc. absence of an appropriate physical Compatibly designed commercial and barrier along the project boundary, industrial uses shall include, but not be that uses not be in conflict with those limited to, screening and buffering from allowed in adjoining property or a residential uses, shall be oriented for and buffer of open space and/or screening designed for efficient traffic flow to major be arranged along the borders of the thoroughfares, shall have limited outside project. storage of materials, and lighting, signage, and shall have building designs that corn- 4. After notice and a public hearing, the Commission may recommend ap- pliment surrounding development. Each proval or disapproval of the develop- site shall be evaluated on an individual ment plan and zoning petition as basis for these criteria of compatibility. If submitted or require that the peti- staff determines that such an industrial tioner amend the plan to preserve the use is compatibly designed, it shall ap- intent and purpose of this Ordinance prove the request through staff adminis- to promote public health, safety and trative review. If staff determines that general welfare. such a change does not meet these criteria, the request would need to go back to the 5. The development plan and zoning pe- tition as recommended by the Corn- 70 CHAPTER 17 'B-Pe BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS. mission shall then be reported to the c. The original site plan detailing City Council, whereupon the City proposed development shall be re- Council, after notice and a public hear- viewed by the Commission for re- ing, may approve or disapprove said view and recommendation to the plan as reported or may require such City Council, where a public hear- changes thereto as it deems necessary ing would be required. The City to achieve the intent and purpose of Council reserves the right to add this Ordinance. conditions as deemed necessary to 6. Required Documents- Site Develop- preserve the intent of this district. ment Plan However, the applicant may also choose an alternate two-stage pub- a. A site analysis showing a review of lic hearing process in which the topography, patterns, existing following would occur: vegetation, sanitary sewer and wa- ter service, and major street con- i. The applicant would need to nections. submit an overall general site plan with a preliminary layout b. A scaled drawing showing the lo- of streets, types of develop- cation of: ment, access drives, and a legal i. Overall site layout with areas description of the property. designated for differing uses. Such a plan would be for- warded to the Commission for ii. Preliminary street layout with their recommendation on the pedestrian amenities and over- rezoning of the land only. all conceptual drainage plan. However, nothing in this Sec- ' This should include connec- lion shall be deemed to dons from abutting streets to constitute approval of proposed development site as subsection (2) below upon well as proposed internal royal of.this ti streets. A plan for pedestrian ii. 'ie rezonmg oetleolnaild only movements, trails and/or isapproved by City Council of sidewalk systems, should be ei ter review by the Commission, ther required or non-required the request must then go to a in their entirety to ensure no second public hearing process gaps are created through indi- for the approval of the final development plan. Said final vidual site development. plan would include the criteria iii. Required peripheral yards. listed in subsection (6)(b)(i-vi) iv. Proposed development stages above and any additional in- and timing, if deemed neces- formation deemed necessary sary by staff. by the Commission or City Council. Said final develop- v. Traffic analysis, if determined ment plan must be approved necessary by City Traffic Engi- before any development can neer. occur and before construction vi. Name of property owner or of any public infrastructure. owners, legal description of the property, point of compass, scale and date. 71 CHAI'I ER 17 "B-P"BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS. 7. Site Plan Amendments considered insignificant in nature, a. Major staff may approve the change without a review and public hear- Any change in the site plan ing before the Commission and deemed to be substantial after the City Council. Council has approved the plan shall be resubmitted and consid- Examples of minor changes may ered in the same manner as the include, but are not limited to the original site plan. The site plan following: the location, construc- shall be prepared in accordance lion, replacement or changes in with Section 10-17-1(C) (Proce type of signage; change in use of a dure) of this Section. site to another use classified in the same zoning district;minor change Examples of major changes may in building locations; or change in include, but are not limited to the the locations of access, driveways, following: changes in classification or parking areas. These examples of land as assigned on the ap- may be carried out through the proved site development plan, the administrative review and ap- exterior street connections, or ma- proval of the Planning staff. Mul- jor traffic changes. A change in tiple pole signs on a single site will use may go through the minor ap- be considered as a major change, proval process as long as the as described under 10-17-1(D)(7) of change is similar to the type of use this Section. approved with the development plan, and if compatibly designed Minor changes may include addi- lions to an existing building which in relation to surrounding uses. Similar shall be defined as a per- do not increase the floor area by milted use in the same zoning more than fifty (50) percent of the classification (R-4, C-1, C-2, M-1) floor area of the building proposed as the site in question is listed as to be added on to, or new build on the approved site plan. Areas ings with a floor area not exceed- not designated or designated as ing ten (10) percent of the floor ar professional office shall permit "R ea of all existing or approved prin- cipal buildings. If staff determines 4" office uses. Areas designated as commercial or "C" shall permit that the magnitude of any such "C-3" uses. Areas designated as change is significant in nature or could become significant in nature, industrial, "M" or "I" shall only permit "M-1" uses through the the change shall be deemed major major approval process. and the change shall be resubmit- ted and considered in the same b. Minor manner as the original site plan in A site plan shall be prepared in ac accordance with 10-17-1(C) (Pro- cordance with Section 10-17-1(C) cedure), including a public hearing (Procedure) of this Section for any before the Commission and City alteration to a site plan located in a Council. In determining if a "B-P" Business Park District. Mi- change is significant in nature the nor Site Plan Amendments shall be Planning staff shall consider, among other things, the overall administratively reviewed by design of the proposed change and Planning staff. If the change is 72 CHAPTER 17 "B-P"BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS. its compatibility to the existing de- setbacks or other requirements if velopment and surrounding de- needed. velopment, as well as impact on 6. The maximum building height within the neighborhood due to changes the development boundaries shall not in parking, traffic, etc. or changes exceed the maximum height regula- in visibility or aesthetics from the lions of the zoning district in which it public roads or adjoining proper- is listed as a permitted use. Exception ties caused by the proposed to this requirement may be allowed change. for development projects/ sites that D. Standards. are at least one hundred (100) feet from the development boundaries. 1. All dedicated streets, sanitary sewers Such a request to alter these require- and storm sewers shall be subject to ments would be reviewed by the City the approval of the City Engineer. Council after recommendation from Storm water detention facilities should the Commission. be aesthetically designed, if possible, to blend into site and avoid uses such 7. The signs shall be in accordance with as rip rap, fencing, etc. that may de- the sign regulations for the "C-2" Dis- tract from the intent of the district. trict. A common type or design of signage should be noted on the overall 2. No building permit for any building or plan, although individual sign permits other structure within the develop- will still be evaluated for size and loca- ment shall be issued until the final de- tion. Additional tional pole signs, beyond and velopment plan, or amendment there- the first, shall be required to go to,is approved by the City Council. through a major change amendment 3. The parking requirements of the Zon- process. ing Ordinance shall apply to all devel- opments, except the City Council may, E. Deed Restrictions. after recommendation from the Com- The Commission and/or City Council mission, alter those requirements to may consider any deed restrictions or cove- preserve the intent and purpose of this nants entered into or contracted by the devel- Ordinance. oper concerning the use of common land or 4. The landscaping requirements of the permanent open spaces. Common land as district shall be considered under Al- herein contained shall refer to land retained in ternative Compliance to create a private ownership but intended for the mu- common plan/theme for the entire tual use of businesses of the development. district. Examples of this include, but are not limited to, shared parking areas, shared storm water 5. The minimum yard requirements of retention designs,etc. the zoning district in which the devel- opment is located shall not apply ex- F. Commencement and Completion. cept that the required yard, around The Council may condition the approval the perimeter, shall be compatible of the site plan upon the developer commenc- and/or similar to adjacent properties ing construction on the first phase of the de- around the boundary of the develop- velopment plan within two (2) years and con- ment. However, the Commission and tingent upon completion of construction and City Council may require additional improvements within a reasonable period of time after Council approval. In determining 73 CHAPTER 17 "B-P"BUSINESS PARK DISTRICT 10-17-2 BULK REGULATIONS. such time period, the Council shall consider proved and recorded, the site development the scope and magnitude of the development. plan does not need to be recorded unless con- Failure to meet these requirements shall be tradictory to the recorded final plat. If a final deemed sufficient cause for the Council, in plat has not been approved and recorded on accordance with the provisions of this Ordi- any part or portion of the development, the nance to rezone the subject property to the platting procedure must be followed in accor- zoning classification effective at the time of dance with the City of Waterloo Subdivision the original submittal of the petition unless an Ordinance No. 2979 on all portions or parts extension is approved by the Council for due not platted. The site development plan can be cause shown after recommendation by the resubmitted as a preliminary plat if it meets Commission the preliminary plat requirements. This does not prohibit the platting and development of G. Land Usage. land within an approved area of the approved The land usage, minimum lot area, yard district in a phased manner. height, and accessory uses shall be deter- mined by the requirements set out in this Sec- 10-17-2 BULK REGULATIONS. lion, which shall prevail over conflicting re- The following minimum requirements quirements of this Ordinance or the Subdivi- shall be observed subject to the modified re- sion Ordinance. quirements contained in Section 10-27-1: H. Platting Required. If a final plat, as defined and required by the Subdivision Ordinance, has been ap- "B-P" BUSINESS PARK DISTRICT USE LOT AREA LOT WIDTH FRONT LEAST WIDTH ON REAR YARD MAXIMUM HEIGHT& YARD ANY ONE SIDE DEPTHS LOT COVERAGE DEPTHS Professional No mini- No Minimum 25'0) 5'except where outside 25'(3) No maximum,subject to Office Uses mum storage would be a pos- site plan approval Commercial/ sibility,in which a 25' Service Uses setback(2) Light Indus- trial Uses (1) The front yard depth may be modified to meet the front yard depth of existing structures abutting the property. Said front yard depth shall be measured from the property line of said lot. (2) The Business Park District,similar to a Planned Residence District,may incorporate zero lot line development,subject to site plan approval,including where buildings would be connected to consider separate parcels as one development site. (3) For every additional foot the front yard depth is increased over the minimum setback,the rear yard depth may be decreased in direct proportion thereto,but in the rear yard depth shall not be less than ten(10)feet,unless abutting a railroad spur in which case the setback may be reduced to a zero lot line setback. 74 CHAI'I ER 18 "C-3"CENTRAL BUSINESS DISTRICT 10-18-1 REGULATIONS. CHAPTER 18 10-5-1(B) to the contrary, any limited "C-3 CENTRAL BUSINESS alcohol sales use that made use of such a window or system before DISTRICT adoption of Ordinance 4976 on 11/23/2009 shall cease and desist [Ordinance 3192, 2/22/82] from use of such a window or system, and shall comply with the require- 10-18-1 REGULATIONS. ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair Central Business District is designed and in- Shop. Vehicles not in running condi- tended to accommodate the variety of retail tions, not DOT operational and not li- stores, services and related activities which censed, machinery, salvage, or used often occupy the area within the Central parts shall be located in an enclosed Business District. "C-3" Zoning only shall building. apply to the existing Central Business District or areas contiguous to the Central Business 4. Exterminator Sales District. Arty outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts clearly incidental to the conduct clearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or similar debris. Outside storage of materials or 6. Printing and/or Publishing Houses equipment shall not be permitted in a front 7. Tire Shop, including vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ve- 8. Transportation Passenger Terminals hides, or unlicensed operable vehicles for sale, that are accessory and clearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not restrict outside display areas when such dis 1. Accessory uses permitted in the "C-2" play areas display items that can be legally District. sold by a commercial business on the prop- 2. Accessory uses and structures cus- erty and when the display area does not tomarily incidental to any permitted exceed an area equal to the area occupied by principal uses. [Ordinance 4724, the building(s) on a property. 9/20/04] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis- [Ordinance 3192, 2/22/82] trict. [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 75 CHAPTER 19 "M-1"LIGHT INDUSTRIAL DISTRICT 10-19-1 REGULATIONS. "C-3" CENTRAL BUSINESS DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM SIDE MINIMUM MAXIMUM LOT AREA LOT WIDTH LOT AREA FRONT YARD a YARD REAR YARD HEIGHT PER FAMILY Residential Uses No Mini- No Minimum No Minimum No Minimum No Minimum No Minimum (2) mum Mobile Home 2 acres 100 feet 1,250 sq.ft. SAME AS SPECIFIED IN THE'R-4"RESIDENCE (2) Parks DISTRICT Motels/Hotels No Mini- 150 feet No Minimum 20 ft 10 ft. 20 ft. (2) mum Other Permitted No Mini- No Minimum No Minimum (3) (4) No Minimum (2) Uses mum (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on the Official Major Street Plan. (2) No building hereafter erected or structurally altered shall exceed a height of eight(8)stories or one hundred(100)feet,but above the height permitted three(3)feet may be added to the height of the building for each one(1)foot that the building or portion thereof is setback from all sides of the lot. This requirement may be waived upon recommendation and approval by the City Council,after review by the Commission. (3) None required unless fronting on the proposed right-of-way of a thoroughfare shown on the Official Street Plan,in which case the building setback line shall be the proposed right-of-way line. (4) None except adjacent to an"R"District in which case not less than fifteen(15)feet CHAPTER 19 less than six (6) feet or more than eight (8) feet in height. "M-1" LIGHT INDUSTRIAL DISTRICT A. Principal Permitted Uses: 1. Any use permitted in the "C-3" Dis- [Ordinance 3212, 5/24/82] trict, except that alcohol sales uses shall meet the regulations of the "C-2" 10-19-1 REGULATIONS. Commercial District [Ordinance 4976, The regulations set forth in this Chapter 11/23/09] and except that no occu- and contained in Chapter 5 shall apply in the pancy permit shall be issued for any "M-1" Light Industrial District. school, hospital, clinic, or other insti- The "M-1" District is intended to provide tution for human care, or new dwell for areas of the community which are suitable mg or residence except where physi for industrial development adjacent to Corn- cally attached and a part of another mercial Districts. Any outside storage of ma- permitted use. This restriction shall terials, equipment or product shall be acces- sory to the Principal Permitted Use and shall only, and shall not prohibit the reha not include the outside storage of junk or sal- bilitation, reconstruction, or rebuild vage material or similar debris except in an Mg of dwellings or residences in in- approved recycling yard (salvage yard) and bust districts that were legally except for inoperable vehicles being restored built prior to adoption of Ordinance to running condition as part of an automobile 2479, adopted 02/03/69. Further- repair shop. Any outside storage shall be ef- more, any such legally established fectively screened on each side facing a Resi- dwelling or residence may be rebuilt, if dential or Commercial District and on each damaged or destroyed, on the same side facing a public street by a solid fence, lot as legally established, provided wall or densely planted compact hedge not that all other rules and regulations of 76 CHAI'J hR 19 "M-1"LIGHT INDUSTRIAL DISTRICT 10-19-1 REGULATIONS. this Ordinance are met. For the pur- 12. Creamery, bottling works, ice cream poses of this Ordinance, any such le- manufacturing (wholesale), ice manu- gally established dwelling or resi- facturing and cold storage plant. dence is not considered a non- conforming use as defined herein, but 13. Enameling,lacquering or japanning. is considered a legal use as described 14. Foundry casting light weight nonfer- in this paragraph. However, such re- rous metals or electric foundry not building must occur within two (2) causing noxious fumes or odors. years of the removal of the original 15. Flammable liquids, underground structure or within two (2) years of storage only, not to exceed twenty- removal of a legal replacement struc- five thousand (25,000) gallons, if lo- ture. [Ordinance 3486, 6/15/87] [Ordi cated not less than two hundred (200) nance 4614, 5/5/03] feet from any"R" District. 2. Automobile assembly 16. Laboratories- experimental, film or 3. Bag, carpet and rug cleaning; pro- testing. vided necessary equipment is 17. Stable, public or private, riding acad- installed and operated for the effective emy or club. precipitation or recovery of dust. 18. Machine shop. 4. Bakeries, other than those whose products are sold at retail only on the 19. Manufacture of musical instruments premises. and novelties. 5. Welding or other metal working 20. Manufacture or assembly of electrical shops, excluding shops with drop appliances, instruments and devices. hammers and the like. 21. Manufacture of pottery or other simi- 6. Contractor's equipment storage yard lar ceramic products, using only pre- or plant or rental of equipment com- viously pulverized clay and kilns. monly used by contractors, storage 22. Manufacture and repair of electric and sale of livestock, feed and/or fuel, signs, advertising structures, sheet provided dust is effectively controlled metal products, including heating and and storage yards for vehicles of a de- ventilating equipment. livery or drying service. 23. Milk distributing station other than a 7. Carting, express, hauling or storage retail business conducted on the yards. premises. 8. Circus, carnivals or similar transient 24. Mini-storage development. [Ordinance enterprises; provided such structures 4683, 4/12/04] or buildings shall be at least two hun- dred (200)feet from any"R" District. 25. Sawmill, planing mill, including man- ufacture of wood products not involv- 9. Coal,coke or wood yard. 'Mg chemical treatment. 10. Concrete mixing, concrete products 26. The manufacturing, compounding, manufacture. processing, packaging or treatment of 11. Copper works. cosmetics, pharmaceutical, and food products except fish and meat prod- ucts, cereals, sauerkraut, vinegar, 77 CHAI'1 ER 19 "M-1"LIGHT INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS. yeast, stock feed, flour, and the ren- minimum fenced yard area of five (5) dering or refining of fats and oils. acres. This provision shall not restrict the expansion of art existing yard that 27. The manufacture, compounding, as- sembling or treatment of articles or is less than five (5)acres. merchandise from previously pre- 33. Sales Auction including automotive, pared materials such as bone, cloth, farm implement, livestock, furni- cork, fiber, leather, paper, plastics, ture/appliances, and similar uses. metals or stones, tobacco, wax, yarns and wood. B. Accessory Uses: 1. Any accessory uses permitted in the 28. Automobile Body or Fender Repair Shop. Vehicles not in running condi "C-3" Commercial District. tion, not DOT operational and not be- 2. Any accessory uses customarily acces- ing actively restored to running condi- sory and incidental to a permitted lion as well as machinery, salvage, or principal use. used parts shall be located in an en- closed building. 10-19-2 REQUIRED CONDITIONS. 29. Wholesale Lumber Yards or Building No use shall be permitted to be estab- Material Sales Yards or Manufactur- lished or maintained which by reason of its ing Facilities. nature or manner of operation is or may be- 30. Storage Warehouse or Business in- come hazardous, noxious or offensive owing cluding mini-storage or storage rental. to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter or 31. Wholesale Warehouse or Business water-carried waste. 32. Recycling, Junk or Salvage Yards up- on approval of a Special Permit by the 10-19-3 BULK REGULATIONS. Board of Adjustment after recom- [Ordinance 3908, 12/21/92] mendation of the Commission and in [Ordinance 4592, 1/6/03] compliance with the requirements of 10-27-1(H)(8). Any new yard estab- The following minimum requirements lished after the effective date of adop- shall be observed, subject to modified re- tion of this Ordinance shall have a quirements contained in Section 10-27-1: "M-1" LIGHT INDUSTRIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM SIDE YARD MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT REAR HEIGHT AND WIDTH PER FAMILY YARD (I)(4) YARD(ZM) LOT COVERAGE Residential SAME AS SPECIFIED IN THE "R-4"DISTRICT Uses Motels/ No Mini- 150 feet No Minimum 20 feet 10 feet 20 feet No building shall Hotels mum exceed four(4) stories or forty- Other Per- No Minimum 25 feet Same as"R-4"except abut- 25 feet eight(48)feet in mitted Uses ting to any"R"district in height() which case not less than 25 feet(Ord.3908,f12/21/921 (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on the Official Major Street Plan. 78 CHAPTER 20 "M-2"HEAVY INDUSTRIAL DISTRICT 10-20-1 REGULATIONS. (2) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet;unless the rear yard adjoins a railroad siding,in which case a loading dock may abut the rear lot line. In addition,if any portion of this rear yard area is used for an enclosed off- street loading space,the area above such an enclosure may be used for building purposes. This regulation shall not apply if the lot in question is adjacent to an"R"District. (3) On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineers Flood Control Project,the minimum rear yard shall be sixteen(16)feet. (4) The front yard setback is required except that any commercial or industrial use may be built to the nearest front yard depth (from the street right-of-way to the structure)of a structure that was legally established.This setback would apply to all struc- tures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback facing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. [Ordinance 4537,2/4/02] (5) The rear yard setback is required except where an existing buildin is closer to the rear lot line .g e. hi these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established prior to this Ordinance. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (6) For every additional foot all yard lines are increased over the required setback,the building height may be increased by two(2) feet,including allowing additional stories,except as further provided in Section 10-27-1. CHAPTER 20 ter, roads and public safety (police, fire and "M-2" HEAVY INDUSTRIAL emergency response), compatibility with sur- rounding land uses, and other similar consid- DISTRICT erations. [Ordinance 3212, 5/24/82] A. Principal Permitted Uses: A building or premises may be used for 10-20-1 REGULATIONS. any purpose whatsoever except those listed The regulations set forth in this Chapter in subparagraph 1, 2, 3, 4 and 5 below, and and contained in Chapter 5 shall apply in the except as provided in Section 10-27-1(H): "M-2" Heavy Industrial District. The district 1. No occupancy or building permit is designed to provide for uses, with exterior shall be issued for any use in conflict storage or industrial character, which due to with any ordinance of the City of Wa- their size and nature may not be compatible terloo or law of the State of Iowa regu- with some uses. The district is further de- lating nuisances. signed to permit the normal operation of all industries, subject to prescribed regulation 2. No occupancy or building permit needed to control congestion and to protect shall be issued for any dwelling, non-industrial uses. Since this is the least re- school, hospital, clinic, or other insti strictive of any district, many uses are per- tution for human care, except where missible which involve hazardous operations physically attached and a part of an- or circumstances, or create conditions or of other permitted principal use. The fects which, if not properly managed, could provisions of 10-19-1(A)(1) shall apply be unhealthy, offensive, or injurious to work- in regards to dwellings legally estab- ers or the public-at-large. For this reason, lished prior to adoption of Ordinance and because the performance standards set 2479, adopted 02/03/69. [Ordinance forth in this Ordinance provide only limited 4614, 5/5/03] control,it is necessary that any application for 3. No occupancy or building permit "M-2" District be heavily scrutinized for shall be issued for gaming facilities, proper spatial relationship to adjoining dis- except upon approval of a Special tricts with respect to prevailing winds, traffic Permit by the Board of Adjustment af- patterns, service facilities such as sewer, wa- ter review by the Commission to 79 CHAP'I LR 20 "M-2"HEAVY INDUSTRIAL DISTRICT 10-20-2 BULK REGULATIONS. evaluate the site layout, traffic, and n. Waste Disposal or Landfill. other ordinance and code provisions. o. Waste paper yard. The impact upon existing infrastruc- 5. Alcohol Sales Uses, provided said use ture and development as well as the meets the regulations of the "C-2" overall growth and development of Commercial District. [Ordinance 4976, the community will also be reviewed. 11/23/091 [Ordinance 4735, 10/18/04] 4. No occupancy or building permit B. Accessory Uses: shall be issued for any of the follow- 1. Any accessory uses permitted in the ing uses until and unless the location "M-1" Light Industrial District. of such use shall have been authorized 2. Any accessory uses customarily acces by the City Council after report from sory and incidental to a permitted the Fire Department and recommen- dation by the Commission: principal use. a. Slaughter houses or stock yards. C. Required Conditions. b. Manufacturing or wholesale stor- 1. The best practical means known for age of acids. the disposal of refuse matter or water- c. Cement, lime gypsum, or plaster carried waste, the abatement of ob- of paris manufacture. noxious or offensive odor, dust, d. Distillation of bones. smoke, gas, noise, or similar nuisance, shall be employed. e. Explosive manufacture or storage. f. Fat rendering. 2. All principal buildings and all acces- sory buildings or structures, including g. Fertilizer manufacture. loading and unloading facilities, shall h. Garbage, refuse or dead animal be located at least two hundred (200) reduction or dumping. feet from any "R" District and not less i. Gas manufacturing and cylinder than one hundred (100) feet from any recharging. other district except an"M-1" District. j. Glue, size or gelatin manufactur- ing. 10-20-2 BULK REGULATIONS. k. Refining or wholesale storage of [Ordinance 3908, 12/21/92] petroleum or petroleum products [Ordinance 4592, 1/6/03] or gasoline. The following minimum requirements 1. Manufacturing of rubber goods. shall be observed, subject to the modified re- m. Smelting of tin, copper, zinc, or quirements contained in Section 10-27-1: iron ores. 80 CHAI'I ER 21 "M-2,P"PLANNED INDUSTRIAL DISTRICT 10-21-1 REGULATIONS. "M-2" HEAVY INDUSTRIAL DISTRICT USE MINIMU MINIMU MINIMUM MINIMUM MINIMUM SIDE YARD MINIMU MAXIMUM M LOT M LOT LOT AREA FRONT M REAR HEIGHT AND AREA WIDTH PER FAMILY YARD(1)(4) YARD(zas) LOT COVERAGE Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet No Minimum 20 feet 10 feet 20 feet No building shall Hotels mum exceed four (4) stories or forty- eight (48) feet in height(4) Other Per- No Mini- No Mini- No Minimum 25 feet Same as"R-4"District except 40 feet miffed Uses mum mum abutting to any"R"district in which race not less than 25 feet[Ord.3908,12/21/92] (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way line as shown on the Official Major Street Plan. (2) For every additional foot the front yard depth is increased over the required setback,the rear yard may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet;unless the rear yard adjoins a railroad siding,in which case a loading dock may abut the rear lot line. In addition,if any portion of this rear yard area is used for an enclosed off- street loading space,the area above such an enclosure may be used for building purposes. This regulation shall not apply if the lot in question is adjacent to an"R"District. (3) On parcels of land in this district which abut the flood control dikes established as part of the U.S. Army Corps of Engineers Flood Control Project,the minimum rear yard shall be sixteen(16)feet. (4) The front yard setback is required except any commercial or industrial use may be built to the nearest front yard depth(from the street right-of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two (2)intersecting streets. This includes only buildings addressed and/or having their front yard setback facing the same street.It does not include corner lots whose front yard is located on an adjacent street and used the other street frontage as a side yard setback (5) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established prior to this Ordinance. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. (6) For every additional foot all yard lines are increased over the required setback,the building height may be increased by two(2) feet,including allowing additional stories,except as further provided in Section 10-27-1. CHAPTER 21 industrial areas and at the same time mini- mize any adverse effect upon adjacent prop- "M-2,P" PLANNED erties in other zoning districts. It is the intent INDUSTRIAL DISTRICT of this Section that the basic principles of good land use planning be maintained and 10-21-1 REGULATIONS. that sound zoning standards as set forth in A. Intent. this Ordinance concerning orderly growth and development, traffic patterns, and com- The purpose of this Section of the Ordi- patible design and use be preserved. nance is to permit the establishment of indus- trial parks and to provide for the orderly B. Principal Permitted Uses: planned growth of industries in large tracts of 1 Any use permitted in the "M-2" land, allowing greater flexibility and diversi- Heavy Industrial District. fication of land uses and building locations. It is also intended that such industrial parks 2. Gaming facilities. The Commission be developed to maximize the potentials of and City Council shall evaluate the 81 CHAPTER 21 "M-2,P"PLANNED INDUSTRIAL DISTRICT 10-21-1 REGULATIONS. site layout, traffic, and other ordi- Regulations contained in the "M-1", nance and code provisions. The im- Light Industrial Zoning District shall pact upon existing infrastructure and be used as a general guide in review- development as well as the overall ing said development plans. [Ordi- growth and development of the com- nonce 4165, 5/13/96] munity will also be reviewed. [Ordi 4. On-premise advertising shall be per- nance 4735, 10/18/04] mitted in this district provided that C. Required Conditions. such advertising devices contain in- formation pertaining to the business Prior to the issuance of any building per- or industry located upon that site,and mit for any building or structure in this dis- is in compliance with Chapter 26 trict, a plan approved by the Commission and Outdoor Advertising Signs and Bill- City Council, as provided in Section 10-21- boards. 1(D) (Procedure) of this Section, shall be on file with the Building Official showing the 5. The Planned Industrial District plan following information: shall indicate that all industrial or commercial uses shall establish per- 1. General plan showing the location of formance standards relating to air and all buildings, internal streets, parking water pollution emissions meeting or lots,railroad tracks,proposed sanitary exceeding standards established by and storm sewer lines, and water and Federal, State or local pollution con- power facilities. trol ordinances or laws. 2. Building setback lines shown on the 6. The parking requirements of the Zon- plan shall generally be not less than ing Ordinance shall apply to all de- one hundred (100) feet from public velopments, except the City Council streets, Residential (R-1, R 2, R-3, R-4) may, after recommendation from the Districts, or "A-1" Agricultural Dis- y Commission, alter those requirements tricts, however all required setbacks to preserve the intent and purpose of shall be determined through plan re- this Ordinance. view. Such yard areas shall be land- scaped and maintained in such a 7. The landscaping requirements of the manner as to reflect the intent of the district shall be considered under Sec- establishment of an industrial park tion 10-5-1(S)(4) (Alternative Compli- area. Off-street parking may be per- ance) to create a common plan/theme mitred in all such yard areas, but shall for the entire district. generally not extend closer than forty D. Procedure. (40) feet to public right-of-way, Resi- dential (R-1, R-2, R-3, R-4) Districts, or Whenever any application for a "M-2,P" "A-1" Agricultural Districts. Planned Industrial District as an amendment to the Zoning Ordinance is submitted for a 3. For tracts, parcels, lots, or building particular development, the following proce- sites of fifteen (15) acres or less of con- dure shall be utilised to facilitate said tiguous commonly owned land, the amendment: required setbacks shall be determined through plan review. The objective in 1. The owner or owners of any tract of the plan review process shall be to land comprising an area of not less preserve the overall character of the than fifteen (15) acres may submit a greater area in which the develop- petition requesting to change to the ment is being constructed. The Bulk 82 1 CHAPTER 21 "M-2,P"PLANNED INDUSTRIAL DISTRICT 10-21-1 REGULATIONS. "M-2,P" Planned Industrial District ered in the same manner as the classification. original site plan. The site plan 2. Three (3) copies of the proposed de- shall be prepared in accordance velopment plan, with planned uses, with Section 10-21-1(C) (Required shall be submitted and referred to the Conditions) and Section 10 21 Commission for review and report. 1(D) (Procedure) of this Section. The Commission shall then review the Examples of major changes may proposed development for conformity include, but are not limited to, the with the standards of the Comprehen- following: changes in use, the ex- sive Plan and with recognized princi- terior street connections or major pies of civic design, land use planning traffic changes. A change in use and landscape architecture. may go through the minor ap- 3. The Commission may require, in the proval process as long as the absence of an appropriate physical change is similar to the type of use barrier along the project boundary, approved with the development that uses not be in conflict with those plan. allowed in adjoining property or a b. Minor buffer of open space and/or screening A site plan shall be prepared in be arranged along the borders of the accordance with Section 10-21- project. 1(C) (Required Conditions) and 4. After notice and a public hearing, the Section 10-21-1(D) (Procedure) for Commission may recommend ap- any change to an approved site proval or disapproval of the devel- plan located in a "M-2,P" Planned opment plan and zoning petition as Industrial District. Minor Site submitted or require that the peti- Plan Amendments shall be admin- tioner amend the plan to preserve the istratively reviewed by Planning intent and purpose of this Ordinance staff. If the change is considered to promote public health, safety and insignificant in nature, staff may general welfare. approve the change without a re- 5. The development plan and zoning pe- tition view and public hearing before the tition as recommended by the Corn Commission and City Council. Corn- mission shall then be reported to the [Ordinance 4165, 5/13/96] City Council, whereupon the City Examples of minor changes may Council, after notice and a public include, but are not limited to the hearing, may approve or disapprove following: the location, construc- said plan as reported or may require lion, replacement or change in such changes thereto as it deems nec- type of signage; change in use to a essary to achieve the intent and pur- similar use approved with the de- pose of this Ordinance. velopment plan; minor change in 6. Site Plan Amendments building locations; or change in the locations of access, driveways, a. Major or parking areas. These examples Any change in the site plan may be carried out through the deemed to be substantial after the administrative review and ap Council has approved the plan proval of the Planning staff. shall be resubmitted and consid- 83 CIHAI'rhR 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-1 REGULATIONS. Minor changes may include addi- A. General Regulations. tions to an existing building which 1. Lands to Which Ordinance Applies. do not increase the floor area by This Ordinance shall apply to all lands more than fifty (50) percent of the within the jurisdiction of the City of floor area of the building pro Waterloo which uses the Flood Insur- posed to be added on to, or new ance Study (FIS) as a basis for estab- buildings with a floor area not ex lishing the flood plain zoning districts. ceeding ten (10) percent of the These districts are shown on the Offi- floor area of all existing or ap cial Zoning Map as being the bounda- proved principal buildings. If ries of the Floodway, Floodway staff determines that the magni- Fringe, General Flood Plain and Shal- tude of any such change is signifi low Flooding Overlay Districts. With- cant in nature or could become in these districts, all uses not allowed significant in nature, the change as Principal Permitted Uses or per- shall be deemed major and the missible as Conditional Uses are pro- change shall be resubmitted and hibited unless a Variance to the terms considered in the same manner as of this Ordinance is granted after due the original site plan in accordance consideration by the Board of Ad- with Section 10-21-1(C) (Required justment. [Ordinance 5049, 6/20/11] Conditions) and Section 10-21- 1(D) (Procedure), including a pub- 2. Rules for Interpretation of District lic hearing before the Commission Boundaries. The boundaries of the and City Council. In determining Floodway, Floodway Fringe, General if a change is significant in nature Flood Plain and Shallow Flooding the Planning staff shall consider, Overlay Districts shall be determined among other things, the overall by scaling distances on the Official design of the proposed change Flood Plain Zoning Map. When an in- and its compatibility to the exist- terpretation is needed as to the exact ing development and surrounding location of the boundaries, the City development, as well as impact on Planner or official designee shall make the neighborhood due to changes the necessary interpretation. The in parking, traffic, etc. or changes Board of Adjustment shall hear and in visibility or aesthetics from the decide appeals when it is alleged that public roads or adjoining proper- there is an error in any requirement, ties caused by the proposed decision, or determination made by change. the City Planner or designee in the en- forcement or administration of this CHAPTER 22 Ordinance. [Ordinance 5049, 6/20/11] FLOODWAY AND FLOOD 3. Abrogation and Greater Restrictions. PLAIN DISTRICTS It is not intended by this Ordinance to repeal, abrogate or impair any exist- [Ordinance 3393, 6/10/85] ing easements, covenants, or deed re- strictions. However, where this Ordi- 10-22-1 REGULATIONS. nance imposes greater restrictions, the The regulations set forth in this Chapter provision of this Ordinance shall pre- and those contained in Chapter 5 shall apply vail. All other ordinances inconsistent in the Floodway and Flood Plain Districts. with this Ordinance are hereby re- 84 CHAI'I ER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-2 "F-W"FLO pealed to the extent of the inconsis- 3. Private and public recreational uses tency only. such as golf courses, tennis courts, 4. Warning and Disclaimer of Liability. driving ranges, archery ranges, picnic The degree of flood protection re- grounds, boat launching ramps, quired by this Ordinance is consid- ered reasonable for regulatory pur- nature preserves, game farms, fish poses and is based on engineering and hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting scientific methods of study. Larger floods may occur on rare occasions. and fishing areas, hiking and horse Flood heights may be increased by riding trails. man-made or natural causes, such as 4. Residential uses such as lawns, gar- ice jams and bridge openings re- dens,parking areas play areas. stricted by debris. This Ordinance 5. Such other open-space uses similar in does not imply that areas outside the nature to the above uses. flood plain districts or land uses per- mitted within such districts will be B. Conditional Uses. free from flooding or flood damages. The following uses which involve struc- This Ordinance shall not create liabili- tures (temporary or permanent), fill, storage ty on the part of the City of Waterloo of materials or equipment, excavation or al- or the Board of Adjustment or an teration of a watercourse may be permitted officer or employee thereof for any only upon issuance of a Special Exception flood damages that result from Permit by the Board of Adjustment. Such us- reliance on this Ordinance or any es must also meet the applicable provisions of administrative decision lawfully made the Floodway District Performance Stan- there under. dards. 10-22-2 "F-W"FLOODWAY(OVERLAY) DISTRICT. 1. Uses or structures accessory to open- space uses. A. Principal Permitted Uses. 2. Circuses, carnivals, and similar tran- The following uses shall be permitted sient amusement enterprises. within the Floodway (Overlay) District to the extent they are not prohibited by other ordi- 3. Drive-in theaters, new and used car nance (or underlying zoning district) and lots, roadside stands, signs, and bill- provided they do not require placement of boards. structures, factory built homes, fill or other 4. Extraction of sands, gravel, and other obstruction, the storage of materials or other material. equipment, excavation, or alteration of a wa- tercourse. 5. Marinas, boat rentals, docks, piers, wharves. 1. Agricultural uses such as general 6. Utility transmission lines, under- farming, pasture, grazing, outdoor plant nurseries, horticulture, viticul- ground pipelines. ture, truck farming, forestry, sod 7. Other uses similar in nature to the farming,and crop harvesting. Principal Permitted and Conditional 2. Industrial-commercial uses such as Uses described herein which are con- sistent with the Floodway District Per- loading areas, parking areas, airport landing strips. formance Standards and the general spirit and purpose of this Ordinance. 85 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICIS 10-22-3 "F-F"FLOC C. Performance Standards. movable from the Floodway District All Floodway District Uses allowed as a within the time available after flood Principal Permitted or Conditional Use shall warning. meet the following standards: 7. Watercourse alterations or relocations 1. No use shall be permitted in the (channel changes and modifications) Floodway District that would result in must be designed to maintain the any increase in the 100 year flood ley- flood carrying capacity within the al- tered or relocated portion. In addition, el. Consideration of the effects of any development on flood levels shall be such alterations or relocations must be based upon the assumption that an approved by the Iowa Department of equal degree of development would Natural Resources (IDNR). be allowed for similarly situated 8. Any fill allowed in the floodway must lands. be shown to have some beneficial 2. All uses within the Floodway District purpose and shall be limited to the shall: minimum amount necessary. a. Be consistent with the need to 9. Pipeline river or stream crossings shall be buried in the streambed and minimize flood damage. banks or otherwise sufficiently pro- b. Use construction methods and tected to prevent rupture due to practices that will minimize flood channel degradation and meandering damage. or due to the action of flood flows. c. Use construction materials and utility equipment that are resistant 10-22-3 "F-F"FLOODWAY FRINGE to flood damage. (OVERLAY)DISTRICT. 3. No use shall affect the capacity or A. Permitted Uses. conveyance of the channel or flood- All uses within the Floodway Fringe way or any tributary to the main (Overlay) District shall be permitted to the stream, drainage ditch, or any other extent that they are not prohibited by any drainage facility or system. other ordinance (or underlying zoning dis- 4. Structures, buildings and sanitary and trict) and provided they meet applicable per- utility systems, if permitted, shall formance standards of the Floodway Fringe meet the applicable performance (Overlay) District. standards of the Floodway Fringe Dis- B. Performance Standards. trict and shall be constructed or All uses must be consistent with the need aligned to present the minimum pos sible resistance to flood flows. to minimize flood damage and shall meet the following applicable performance standards. 5. Buildings, if permitted, shall have a low flood damage potential and shall 1. All structures shall (1) be adequately not be for human habitation. anchored (including factory built homes) to prevent flotation, collapse 6. Storage of materials or equipment that or lateral movement of the structure, are buoyant, flammable, explosive or (2) be constructed with materials and injurious to human, animal or plant utility equipment resistant to flood life is prohibited. Storage of other ma- damage, and (3) be constructed by terial may be allowed if readily re- 86 CHAI'1'ER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F"FLOC methods and practices that minimize level is watertight with walls substan- flood damage. tially impermeable to the passage of 2. Residential buildings- All new or ti ater. A record of the certification substantially improved residential indicating the specific elevation (in re- structures shall have the lowest floor, lation to North American Vertical Da- including basements, elevated a min/ turn 1988) to which any structures are imam of 1.0 foot above the 100 year flood-proofed shall be maintained by flood level. Construction shall be up- the City Planner or designee. on compacted fill which shall at all 4. All factory built homes which are points be no lower than 1.0 foot above placed in an existing factory built the 100 year flood level and extend at home park or subdivision, shall be an- such elevation at least 18 feet beyond chored to resist flotation, collapse, or the limits of any structure erected lateral movement by providing over- thereon. Alternate methods of elevat- the-top and frame ties to ground an- ing (such as piers) may be allowed chors. Specific requirements are that subject to favorable consideration by (1) over-the-top ties be provided at the Board of Adjustment and issuance each of the four corners of the factory of a Special Exception Permit where built home with two (2) additional ties existing topography, street grades, or per side at intermediate locations for other factors preclude elevating by fill factory built homes 50 feet or more in In such cases, the methods used must length or one (1) such tie for factory be adequate to support the structure built homes less than 50 feet in length; as well as withstand the various forces (2) frame ties be provided at each cor- and hazards associated with flooding. ner of the home with five (5) addi- All new residential building shall be tional ties per side at intermediate provided with a means of access points for factory built homes 50 feet which will be passable by wheeled or more in length or four (4) such ties vehicles during the 100 year flood. for homes less than 50 feet in length; [Ordinance 3487, 6/15/87] [Ordinance (3) all components of the anchoring 5049, 6/20/11] system be capable of carrying a force 3. Non-residential buildings-All new or of 4800 pounds; and (4) any additions substantially improved non- to the factory built home be similarly residential buildings shall have the anchored. All factory built homes first floor (including basement) ele which are placed in an existing factory vated a minimum of 1.0 foot above the built home park or subdivision shall 100 year flood level or together with be elevated on a permanent attendant utility and sanitary systems foundation such that the lowest floor of the structure is a minimum of one be flood-proofed to such a level. When flood proofing is utilized,a pro- (1) foot above the 100 year flood level. fessional engineer registered in the [Ordinance 5049, 6/20/11] State of Iowa shall certify that the 5. All factory built homes not being flood-proofing methods used are ade- placed in existing factory built home quate to withstand the flood depths, parks or subdivisions shall be placed pressures, velocities, impact and uplift on lots or pads elevated by means of forces and other factors associated compacted fill so that the lowest floor with the 100 year flood; and that the of the factory built home will be a structure below the 100 year flood minimum of one(1) foot above the 100 87 CHAPTER 22 FLOODWAY AND FLOOD PLAIN DISTRICTS 10-22-3 "F-F"FLOC year flood level. In addition, the tie- flood waters into the system. Wa- down specifications enumerated with- ter supply treatment facilities in subparagraph (d) herein must be (other than on-site systems) shall met and adequate surface drainage be provided with a level of protec- and access for a hauler must be pro- tion equal to or greater than one vided. [Ordinance 5049, 6/20/11] (1) foot above the 100-year flood 6. New factory built home parks, expan- elevation. [Ordinance 5049, 6/20/11] expan- sions to existing factory built home d. Utilities such as gas or electrical parks, and factory built home parks systems shall be located and con- where the repair, reconstruction or structed to minimize or eliminate improvement of the streets, utilities, flood damage to the system and and pads equals or exceeds 50% or the risk associated with such flood more of the value of the streets, utili- damaged or impaired systems. ties and pads before the repair, recon- 8. Storage of materials and equipment struction or improvement has com that are flammable, explosive or inju- menced shall provide: (1) lots or pads rious to human, animal or plant life is that have been elevated by means of prohibited unless elevated a mini- compacted fill so that the lowest floor mum of one (1) foot above the 100 of factory built homes will be a mini- mum of 1.0 feet above the 100 year year flood level. Other material and level; (2) adequate surface equipment must either be similarly el- flood drainage; (3) access for a hauler; and evated or (1) not be subject to major (4) ground anchors for factory built flood damage and be anchored to homes. [Ordinance 5049, 6/20/11] prevent movement due to flood wa- ters or (2) be readily removable from 7. Utility and Sanitary Systems. the area within the time available after flood warning. a. All new and replacement sanitary sewage systems shall be designed 9. Flood control structural works such as to minimize or eliminate infiltra- levees, flood walls, etc. shall provide, lion of flood waters into the sys- at a minimum, protection from a 100- tern as well as the discharge of ef- year flood with a minimum of 3 feet of fluent into flood waters. Waste- design freeboard and shall provide for water treatment facilities (other adequate interior drainage. In addi- than on-site systems) shall be pro- lion, structural flood control works vided with a level of flood protec- shall be approved by the Iowa De- lion equal to or greater than one partment of Natural Resources (1) foot above the 100 year flood (IDNR). elevation. [Ordinance 5049, 6/20/11] 10. No use shall affect the capacity or b. On-site waste disposal and water conveyance of the channel or flood- supply systems shall be located or way of any tributary to the main designed to avoid impairment to stream drainage ditch or other drain- the system or contamination from age facility or system. the system during flooding. [Ordi- 11 The exemption of detached garages, nance 5049, 6/20/11] sheds, fences, flag poles and similar c. New or replacement water supply structures from the 100 year flood ele- systems shall be designed to min- vation requirements may result in in- imize or eliminate infiltration of creased premium rates for insurance 88 CHAFFER 22 FLOODWAY AND FLOOD PLAIN DISTRIL lb 10-22-3 "F-F'FLOC coverage of the structure and con- less) shall include 100-year flood ele- tents;however,said detached garages, vation data for those areas located sheds, fences, flag poles and similar within the Floodway Fringe (Overlay) accessory type structures are exempt District. [Ordinance 5049, 6/20/11] from the 100 year flood elevation re- 13. All new and substantially improved quirements when: structures. [Ordinance 3487, 6/15/87] a. The structure shall not be used for a. Fully enclosed areas below the human habitation. "lowest floor" (not including b. The structure shall be designed to basements) that are subject to have low flood damage potential. flooding shall be designed to au- c. The structure shall be constructed tomatically equalize hydrostatic and placed on the building site so flood forces on exterior walls by as to offer minimum resistance to allowing for the entry and exit of the flow of floodwaters. flood waters. Designs for meeting this requirement must either be d. The structure shall be firmly an- certified by a registered profes- chored to prevent flotation which sional engineer or meet or exceed may result in damage to other the following minimum criteria: structures. i. A minimum of two openings e. The structure's service facilities having a total net area of not such as electrical and heating less than one square inch for equipment shall be elevated or every square foot of enclosed flood proofed. area subject to flooding shall f. For detached garages and sheds a be provided. professional engineer licensed in ii. The bottom of all openings the State of Iowa shall certify that shall be no higher than one these requirements are met. [Ordi- foot above grade. nance 5049, 6/20/11] iii. Openings may be equipped 12. Subdivisions (including factory-built with screens, louvers, valves, home parks and subdivisions) shall be or other coverings or devices consistent with the need to minimize provided that they permit the flood damages and shall have ade- automatic entry and exit of quate drainage provided to reduce flood waters. exposure to flood damage. Develop- ment associated with subdivision Such areas shall be used solely for proposals (including the installation parking of vehicles, building ac of public utilities) shall meet the ap- cess, or low damage potential plicable performance standards of this storage. [Ordinance 5049, 6/20/11] Ordinance. Subdivision proposals in- b. New and substantially improved tended for residential use shall pro- structures must be designed (or vide all lots with a means of vehicular modified) and adequately an- access that will remain passable by chored (including factory built wheeled vehicles during the occur- homes) to prevent flotation, col- rence of the 100-year flood. Proposals lapse, or lateral movement of the for subdivisions greater than five (5) structure resulting from hydrody- acres or fifty (50) lots (whichever is 89 CHAR t ER 22 FLOODWAY AND FLOOD PLAIN DISTRIL b 10-22-4 "F-P"GENT namic and hydrostatic loads, in- stated. [Ordinance 5049, 6/20/11] eluding the effects of buoyancy. 1. Agricultural uses such as general c. New and substantially improved farming, pasture, grazing, outdoor structures must be constructed plant nurseries, horticulture, viticul- with electrical, heating, ventila- ture, truck farming, forestry, sod tion, plumbing and air condition- farming and crop harvesting. ing equipment and other service 2. Industrial-commercial uses such as facilities that are designed and/or loading areas, parking areas, and air- located so as to prevent water port landing strips. from entering or accumulating within the components during 3. Private and public recreation uses conditions of flooding. such as golf courses, tennis courts, driving ranges, archery ranges, picnic 14. Factory-Built Homes. grounds, boat launching ramps, a. All factory-built homes, including swimming areas, parks, wildlife and those placed in existing factory- nature preserves, game farms, fish built home parks or subdivisions hatcheries, shooting preserves, target shall be anchored to resist flota- ranges, trap and skeet ranges, hunting lion, collapse, or lateral move- and fishing areas, hiking and horse- ment. Methods of anchoring may back riding trails. include, but are not limited to, use 4. Residential uses such as lawns, gar- of over-the-top or frame ties to dens,parking areas and play areas. ground anchors. [Ordinance 5049, 6/20/11] 5. Such other open-space uses similar in b. All factory-built homes, including nature to the above uses. Ordinance those placed in existing factory- built5049, 6/20/11] home parks or subdivisions, B. Conditional Uses. shall be elevated on a permanent Any use which involves placement of foundation such that the lowest structures, factory built homes, fill or other floor of the structure is a mini- obstructions; the storage of materials or mum of one (1)foot above the 100- equipment; excavation; or alteration of a wa- year flood level. [Ordinance 3487, tercourse may be allowed only upon a deter- 6/15/87] mination by the Iowa Department of Natural Resources (IDNR) to determine (1) whether 10-22-4 "F-P"GENERAL FLOOD PLAIN the land involved is either wholly or partly (OVERLAY)DISTRICT. within the floodway or floodway fringe and A. Principal Permitted Uses. (2) the 100 year flood level. The applicant shall be responsible for providing the Iowa The following uses shall be permitted Department of Natural Resources (IDNR) within the General Flood Plain (Overlay) Dis- with sufficient technical information to make trict to the extent they are not prohibited by the determination. [Ordinance 5049, 6/20/11] any other ordinance (or underlying zoning district) and provided they do not require C. Performance Standards. placement of structures, factory built homes, 1. All conditional uses or portions there- fill or other obstruction; the storage of mate- of to be located in the floodway as de- rials or equipment; excavation; or alteration termined by the Iowa Department of of a watercourse, unless approved as herein Natural Resources (IDNR) shall meet 90 CHAPTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. the applicable provisions and stan- 3. In AO and AH zones, require drain- dards of the Floodway (Overlay) Dis- age paths around structures on slopes trict. to guide water away from structures. 2. All conditional uses, or portions [Ordinance 5049, 6/20/11] thereof, to be located in the floodway fringe as determined by the Iowa De- CHAPTER 23 partment of Natural Resources "H-C" HIGHWAY 218 (IDNR) shall meet the applicable CORRIDOR OVERLAY standards of the Floodway Fringe DISTRICT (Overlay) District. 10-22-5 "S-F"SHALLOW FLOODING [Ordinance 3 , 2/5/90]1 [Ordinance 380505, 88/5/91] (OVERLAY)DISTRICT. 10-23-1 GENERAL REGULATIONS. A. Permitted Uses. A. Boundaries. All uses within the Shallow Flooding (Overlay) District shall be permitted to the The "H-C" Highway 218 Corridor Over- extent that they are not prohibited by any lay District shall generally include all real other ordinance (or underlying zoning clis- property adjacent to or in close proximity to trict) and provided they meet the applicable U.S. Highway 218. The actual boundaries are performance standards of the Shallow Flood- shown on the official zoning map and legally ing(Overlay) District. described in Attachment A to this Section. B. Performance Standards. B. Purpose and Intent. The performance standards for the Shal- The purpose and intent of this Chapter is low Flooding (Overlay) District shall be the to establish a Highway Corridor Overlay Dis- same as the performance standards for the trict for the orderly development of proper- Floodway Fringe (Overlay) District with the ties located within the Highway 218 Corridor following exceptions: Overlay District. The emphasis of the High- way Corridor Overlay District is to regulate 1. In shallow flooding areas designated the development within the Highway 218 as an AO Zone on the Flood Insurance Corridor in order to promote the health, safe- Rate Map, the minimum flood proof- ty and welfare of the citizens of Waterloo. ing/flood protection elevation shall be equal to the number of feet as speci- New structures, certain modifications to fled on the Flood Insurance Rate Map existing structures that require building per- (or a minimum of 2.0 feet if no num- mits and certain site improvements shall con- ber is specified) above the highest form to this Chapter thereby achieving the natural grade adjacent to the struc- environmental goals of the Land Use Policy ture. [Ordinance 5049, 6/20/11] Plan. 2. In shallow flooding the Flood Insur- The provisions of this Chapter shall apply ance areas designated as an AH Zone in addition to any other zoning district regu- on the Flood Insurance Rate Map, the lations and requirements in which the land minimum flood proofing/flood eleva- may be classified. In the case of conflict, the lion shall be equal to the elevation as most restrictive provisions shall govern, ex- specified on the Flood Insurance Rate cept as otherwise expressly provided in this Map. Chapter. 91 CHAP!ER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F'SHALLOW FLOODING(OVERLAY)DISTRICT. C. Definitions. row, or a single row with maximum The following definitions shall apply only spacing of 6 feet. for the purposes of this Chapter. 8. Parking Strip- That portion of city 1. Landscaped Area-An area not subject owned property between the curb to vehicular traffic, which consists of line, shoulder line or traveled portion living landscape material, decorative of the roadway or alley and the pri- rock,mulch,and similar material. vate property line. 2. Vehicular Use Areas-All areas subject 9. On-premise signs- A sign on the same to vehicular traffic including, but not property as the activity it advertises. limited to, access ways, driveways, 10. Off-premise signs- A sign not entirely loading areas, service areas, and park- on the same property as the activity it ing stalls for all types of vehicles. This advertises. definition shall not apply to covered 11. Strip Mall- A group of commercial parking structures or underground establishments with off street parking parking lots. on the property that are planned and 3. Overstory Tree- A self-supporting developed as an architectural unit and woody plant having at least one well- are generally positioned in a row with defined stem or trunk and normally common walls. attaining a mature height and spread 12. Large sites- Sites with an area equal trunk of at least 30 feet, and having a to or greater than two acres. that may, at maturity, be kept clear of leaves and branches at least eight feet 13. Street yard setback area- The area lo- above grade. cated between a line parallel and adja- cent to the structure and the street 4. Understory Tree- A self-supporting right-of-way line. woody plant having at least one well defined stem or trunk and normally D. Administrative Regulations. attaining a mature height and spread The provisions of this Chapter shall con- of less than 30 feet. stitute the requirements for all zones that lie 5. Shrub- A woody or perennial plant within the boundaries of the Highway 218 with multiple stems. Corridor Overlay District. This Chapter shall apply to all new construction, a change in 6. Living Landscape- Low growing use, or the following alteration or enlarge- woody or herbaceous groundcover, ment: turf, shrubs, and trees. 1. A 10% addition or 1000 square feet, 7. Screen- An area of planting which whichever is less; or provides an effective visual barrier. For a single row the screen shall con- 2. Any alteration which causes a sub- sist of Spruce, Firs, or Pines spaced at stantial change in the exterior appear- a maximum spacing of 15 feet or a ance. double staggered row of Spruce, Firs, Expansion of Existing Uses or Pine spaced at a maximum spacing of 20 feet within each row; for Arbor- For existing uses which will be ex- vitae and Juniper the spacing shall be panding, the following percent of total a double staggered row with maxi- points and total landscaped area shall mum spacing of 10 feet within each be applied to the project dependent 92 CHAPTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. upon the total size of all additions sign Review Board may approve the plan on- since February 5, 1990: ly if the following findings are made: The lesser of: Shall require: 1. The proposed improvements will ful- 10% 20% addition 25% of Ordinance fill an individual and/or community or 100 square feet requirements need and will not adversely affect the goals of the Comprehensive Plan;and 21% -40% addition 50% of Ordinance or 2000 square feet requirements 2. The proposed improvements, because of conditions that have been applied 41% -50% addition 75% of Ordinance to it, will not be detrimental to the or 2500 square feet requirements health, safety and general welfare of 51% addition or 100% of ordi- persons residing or working in the ar- ea and will not adversely affect other 2501 square feet nance requirements property in the vicinity;and 3. The proposed improvements will For those projects which are being re- meet the purpose and intent of this viewed as a result of a proposed sub- Chapter; and stantial change in the exterior appear- 4. The proposed improvements osed im rovements will ance, rather than an increase in the meet all requirementsunderly- floor of the underl - floor area, the landscape requirements shall be reviewed using the alternative mg Zoning District. If the proposed compliance criteria by the Design Re- improvements do not meet all re- view Board. quirements of the underlying Zoning District, approval of a Variance by the In addition to the above this Chapter Board of Adjustment is also required. shall also apply to all sites being de- veloped for the provision of parking The Alternative Compliance provision as a primary use or for any improve- may be applied to large commercial and in- ment which results in the provision of dustrial projects or projects on difficult sites that are unable to meet the requirements as or an increase in parking. stated in this Chapter. In all cases projects so This Chapter shall also apply to any approved must satisfy the findings described additions, alterations, or repairs to ex- above. isting structures which result in a F. Landscape Requirements. change in the occupancy classification under the currently adopted Building 1. Submittal Procedures. Code. The City Planner may prorate a. Submittals for landscape approval the requirements herein, based upon the nature and extent of alterations shall include a separate planting and additions. For projects as indi plan showing type, size, and cated above, no certificate of number of plantings; a site plan showing total area and total land- occupancy or building permit shall be scaped area and any supplemen- issued unless such development tar, information as required to project is found to be in conformance demonstrate conformance to the with this Chapter. landscape requirements. Any de- E. Alternative Compliance. viations from the approved land- In a case where a plan does not comply scape plan must receive approval with the provisions of this Chapter, the De- from the City Planner or his/her 93 CHA1'1 ER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. designated representative prior to 3. Minimum Requirements for Desig- installation. nated Zones. b. The owner, by filing a landscape a. "R" Zones- The minimum re- application, grants the City or its quired landscape area shall be 45 licensed and contracted agent the percent of the lot exclusive of right to enter upon the land for the buildings. The yard shall be purposes of installing the required planted with a combination of landscaping, in the event that such trees and shrubs to achieve a min- landscaping is not in place by the imum of.05 points per square foot date specified in the agreement, or of the landscaped area. in the event that such landscaping b. "C-3" Commercial Zone- The is not maintained as provided in minimum required landscape area the agreement. If the City must shall be 65 percent of the lot exclu- carry out the applicant's landscap sive of buildings and parking. The ing responsibilities, the cost shall landscape area shall be planted be assessed against the property. with a combination of trees and 2. Measured Compliance. shrubs to achieve a minimum of .05 points per square foot of land The following point schedule and conditions apply to required land- scaped area. scaping in all zones and shall be used c. "C" and "M" Zones excluding in determining achieved points for re- "C-3"- The minimum required quired planting: landscape area shall be 25 percent Overstory Trees of the total lot area. The landscape area shall be planted with a corn- 4 inch caliper or greater 100 points bination of trees and shrubs to 3 inch caliper or greater 90 points achieve a minimum of .04 points 2 inch caliper or greater 80 points per square foot of total lot area. Trees with caliper of more 4. Additional Landscaping Require- than 4 inches 25 points per inch ments. Understory Trees The following additional landscaping 2 inch caliper or greater 40 points requirements apply to all zones: 11 inch caliper or greater 30 points a. Vehicular Use Areas. 1 inch caliper or greater 20 points Shrubs i. For vehicular use areas larger than four spaces, an area 5 gallon or greater 10 points equivalent to a minimum of 2 gallon or greater 5 points five percent (5%) of the total Conifers vehicular use area shall be landscaped. The required 10 foot height or greater 100 points landscape area shall be located 8 foot height or greater 90 points within the vehicular use area. 6 foot height or greater 80 points 5 foot height or greater 40 points ii. There shall be .04 points per 4 foot height or greater 30 points square foot of vehicular use 3 foot height or greater 20 points area. The points shall be dis tributed throughout the ve- 94 CHAP!ER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. hicular use area and within vi. All trees in the interior of the five feet (5') of the perimeter. vehicular use area shall be two The intent is to position the inch (2") caliper or greater plantings to enhance the over- measured six inches (6") above all appearance of the site. grade at the time of planting. iii. There shall be sufficient barn- vii. Areas less than 40 square feet ers to protect all landscaped in size or having an average areas from vehicular damage. dimension of less than three iv. Wherever a parking area is lo- feet, shall not be included for cated adjacent to City Right-of- purposes of calculating the re- Way, the parking area shall be quired landscape area in the separated from the parking vehicular use area. strip by a landscaped area(s) of b. Street Tree Planting. A mini- a width no less than eight feet mum of 1.5 points per linear foot (8') measured perpendicular to of street frontage must be the curb. This area may be re- achieved in the City parking strip. quired by the Design Review This point requirement shall be Board to contain an effective met through the provision of trees, visual screen for a minimum of and planting shall comply with eighty percent (80%) of that the Vegetation Ordinance Chapter parking area. This screen, if 35 of the Waterloo Municipal required, must be at least 30 Code, as amended. If circum- inches in height, as measured stances do not allow planting on from the parking area or the the city parking, street tree points street curb, whichever is high- shall be placed in the street yard er, and may be achieved setback area. through the use of landscaped c. Maintenance. The owner shall berms or plant materials. If be solely responsible for the main- plant materials are used to tenance of any and all landscap- achieve this screen there will mg This maintenance shall in- be one (1) point assigned per dude but not be limited to, re- linear foot of the screen. No moval of litter, pruning, mowing individual plant points will be of lawns,adequate watering for all assigned for this screen. growing plant life, and also weed- v. The vehicular use area must ing in accordance with the Tree terminate at least five feet from and Shrub Care Guidelines as set any exterior building wall. forth by the Waterloo Park Corn.- Exceptions may be made mission. The owner shall also be where it is necessary to cross responsible for any replacement, the non-vehicular use area to as necessary, in order to preserve gain access to the building(s) the landscaping plan as approved and for drive up facilities such by this Section. The responsibility as banks and restaurants and to maintain the landscaping shall for other difficult sites as de- include the parking strip located termined by the Board. between the private property line and the public street or highway, directly adjacent to the owner's 95 CHAl'1 ER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 1D-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. property. An installation and G. Sign Regulations. maintenance of landscaping and GENERAL PROHIBITION: No person right to enter agreement shall be shall develop, install, locate, or construct any signed prior to a building permit sign requiring a permit within the Highway being issued, unless otherwise 218 Overlay District in the City of Waterloo provided by the City Planner. except as expressly authorized in this Section. d. Residential Development. For The provisions of this Section shall apply in residential development in other addition to any other zoning district in which than residential zones, the residen- land may be classified and that such lands tial requirements of this Section may be used as permitted by such other dis- 10-23-1(F) shall apply. tricts. In the case of conflict the most restric- e. Point Distribution. A minimum tive provisions shall govern except as other- of 65 percent of all required points wise expressly provided in this Section. shall be achieved through tree 1. Permitted Signs. plantings. A minimum of 10 per- a. On-premise Signs. cent of all required points shall be achieved through living landscape i. In residential and "A-1" dis- other than trees. tricts, only those signs permit- f. Reduction of Landscaped Area. ted in the underlying districts A point score in excess of that re shall be allowed. quired may be used to reduce the ii. Commercial "C-1" and required landscaped area at a rate "C-1"/"C-Z" of one square foot per excess point (a) Freestanding Signs. One up to a maximum reduction of 25 post, pole or monument percent. sign per property, not to g. Screening. For any use that is exceed 40 square feet on not oriented toward U.S. Highway each face and not to exceed 218, a screen may be required by 20 feet in height. If more the Design Review Board to be in- than two faces are used the stalled along the lot line closest to area of each side shall be the highway. There will be no in- reduced proportionately. dividual tree points given for this (b) Wall Signs. Wall signs screen. The screen will receive 3 shall not exceed two (2) points per linear foot if the trees square feet in area for eve- are greater than 6 feet in height at ry linear foot of wall dis- the time of planting. The screen playing such sign. Wall will receive 1 point per linear foot signs shall be mounted flat if the trees are greater than 4 feet against the building. For in height at the time of planting. the purpose of this Chap- In no case shall the trees be less ter, signs painted on awn- than 4 feet at the time of planting. ings and signs mounted on Exceptions to this requirement mansards shall be consid- may be granted by the Design Re- ered as wall signs. view Board. (c) Directional Signs. Each use shall also be allowed 96 CHAPTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. directional signs as neces- shall be reduced propor- sary to facilitate the or- tionately. derly flow of traffic with a For large sites one addi- maximum area of 6 square tional post sign may be al- feet each. A logo or busi- lowed under the follow- ness name is permitted on ing conditions: the directional signs, but shall not exceed two (2) (1) The property has at square feet. These signs least one hundred fifty are for directional, not ad- feet (150') of continu- vertising purposes. The ous street frontage. directional signs shall not (2) The additional post be included in the calcula- sign shall not be lo- tion of the allowable cated closer than one square footage or location hundred fifty feet(150') of other signage. to any other post sign (d) Menu Signs. Single sided on the same property. menu signs shall be al- (3) The maximum com- lowed with no advertise- bined area for both went on the back of the signs shall not exceed sign. Each sign shall have a the maximum allowed maximum area of sixty (60) area for a single post square feet and shall not sign in that zone. include a speaker if facing an abutting residential dis- Strip malls and multi- trict or residential use. The ple businesses with the menu signs shall not be in- land under common cluded in the calculation of ownership that share the allowable square foot- common parking, ac- age or location of other cess, or structures shall signage. be treated as a single property for the pur- iii. Commercial "C-2" and All poses of this Section. Other Zoning Classifications For strip malls and (a) Post signs. One Post sign per property, not to exceed multiple businesses with the land under 40 feet in height with an diverse ownership that area not to exceed the share common parking, smaller of the following: access, or structures, (1) Two square feet for there shall be allowed each foot of street one post sign per use if frontage. the following condi- (2) 250 square feet. Lions are met: (i) The additional post If more than two faces are sign shall not be lo- used, the area of each side Gated closer than one hundred fifty 97 CHAFFER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. feet (150') to any square feet. These signs other post sign. are for directional, not ad- The maximum vertising purposes. The (u) directional signs shall not combined area for all signs on the site be included in the calcula- shall not exceed the lion of the allowable maximum allowed square footage or location area for a single of other signage. post sign in that (d) Menu Signs. Single sided zone. menu signs shall be al- (iii) A sign plan lowed with no advertise- showing the square ment on the back of the sign. Each sign shall have footage of signage for each parcel shall a maximum area of sixty be submitted by the (60) square feet and shall developer and/or not include a speaker if landowners for the facing an abutting residen- entire site prior to a tial district or residential sign permit being use. The menu signs shall issued. not be included in the cal- culation of the allowable (b) Wall Signs. Wall signs square footage or location shall not exceed 10% of the of other signage. wall area; in no case shall the wall signs exceed 10% (e) Roof Signs. Roof signs of the first 15 vertical feet shall be allowed in place of of wall area. The length of the wall sign only when a wall sign shall not exceed both of the following con 2/3 of the building wall ditions are met: length. Wall signs shall be (1) Insufficient area for a mounted flat against the wall sign; building. For the purpose (2) The building has a of this Chapter, signs pitched roof and the painted on awnings and roof sign does not pro- signs mounted on man- sards shall be considered ject higher than the as wall signs. peak of the roof. (c) Directional Signs. Each b. Off-Premise Signs. Off-premise use shall also be allowed signs shall not be allowed in the overlay district. Off-premise signs directional signs as neces- in existence within the "H-C" Dis- sary to facilitate the or- trict at the time of enactment of derly flow of traffic with a this Section shall be permitted to maximum area of 6 square remain as permitted uses in the feet each. A logo or busi- underlying zoning district. Exist- ness name is permitted on ing off-premise signs may be the directional signs, but maintained, repaired, recon- shall not exceed two (2) 98 CHATTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. structed or replaced in the same The Design Review Board and Plan- location. [Ordinance 3903, 11/23/92] ning Department shall review plans 2. Additional Sign Regulations. [Ordi based upon Section 10-22-5(H)(3) as Hance 3923, 2/15/93] established in this Section of the Zon- ing Ordinance. The Board must con- Sign permits shall expire 6 months af- sider the following as well as the ter the date of issuance. guidelines developed by the Board When a business ceases operation the and approved by the Commission: on-premise signage shall be removed a. The existing and proposed condi- by the owner according to the follow- lions of the lot, including but not ing schedule: Sign or sign cabinet— necessarily limited to topography, within 180 days, supporting struc- vegetation, trees, drainage, and ture—within 1 year waterways. When off-premise advertising is bare b. The location of all existing and or in disrepair for a period of 90 days proposed buildings, drives, park- it shall be removed. If it is bare or in ing spaces, walkways, means of disrepair for a period of one year the ingress and egress, drainage facili- structure shall be removed. ties, utility services, landscaping 3. Prohibited Signs. structures, signs, and lighting and screening devices. The following signs are not consid- ered appropriate within the overlay c. The dimensions of all buildings, district and shall not be permitted: structures, setbacks, parking spac- es, floor area ratio, height, lot cov- a. Portable signs erage and any other information b. Off-premise signs located on that may be reasonably required bus benches to determine compliance with this c. Signs painted directly on Ordinance. buildings d. Architectural elements of exterior d. Off premise roof signs building surfaces, including mate- H. Design Review Board. rials. 1. Purpose. e. The proposed structure indicates a The primary purpose of design review sensitivity to and is compatible is to insure a high degree of aesthetics, with the environment, adjacent to promote quality and compatible structures, and enhances the ap- development of land uses, buildings, pearance of the surrounding structures and the physical environ- properties. ment of the community within the f. Access to the site from adjacent highly visible Highway 218 Corridor. roads shall be designed so as to in- Design review encompasses the ex- terfere as little as possible with amination of the below criteria with traffic flow on Highway 218 and regard to the aesthetics, appearances, to permit vehicles a rapid and safe and function of the structure in rela- ingress and egress to the site. lion to the site, adjacent structures g. Lighting shall be reviewed to en- and surrounding community. sure safe movement of persons and vehicles; for security purposes 99 CHAPTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F'SHALLOW FLOODING(OVERLAY)DISTRICT. and to minimize glare and reflec- Lure, landscape architecture, lion on adjacent properties. Buff- planning, land development ering materials shall be reviewed and the arts. The two (2) ex- to ensure that headlights of vehi- officio members shall be the des, noise, and light from struc- City Planner and the Building tures are purposely shielded from Official. public view and pedestrian areas. ii. Appointment- All members h. The overall project shall be re- shall be appointed by the viewed for compliance with the Mayor and approved by the City's Comprehensive Plan or City Council. special plans that apply to or of iii. Residency and Place of Busi- fect the subject property. ness- All regular members 2. Design Review Board. shall reside in or have their a. Powers and Duties. primary place of business in the City of Waterloo,Iowa. i. The Design Review Board shall be responsible for re- service Terms of Office. The term of viewing all applications for service on the Design Review design review required under Board shall be three (3) years. this Section. Each member shall serve until the appointment of a successor. Va- ii. The Design Review Board cancies shall be filled for the un- shall have the power to ap- expired term of any member prove or deny applications whose term becomes vacant, with or without conditions. If an application is denied the d. Removal. Any Board member reasons for the denial shall be shall be removable for cause by stated. the appointing authority by writ- ten charges and after public hear- ih. The Design Review Board ing. shall create and maintain a list of design guidelines which it e. Quorum and Voting Four (4) shall apply to all applications. regular members shall constitute a Said guidelines may be quorum. A majority vote of the amended by a majority vote of quorum shall be required to ap- the Board. prove any application. The Chair shall have the right to vote on all b. Membership. issues before the Board. Prior to a i. Composition- The Design Re- decision of the Board, the view Board shall be composed ex- officio members shall submit a of seven (7) regular members recommendation for each item on and two (2) ex-officio mem- the agenda. If an application is bers. The seven (7) regular denied the Board shall provide a members shall consist of a written statement to the applicant minimum of two (2) members in support of its finding. at large and a minimum of f. Meetings. The Board shall meet three (3) members from the fol- monthly or at the call of the lowing disciplines: architec- Chairperson or the City Planner. 100 CHAYrhR 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. All meetings shall be open to the Board, there will be no additional public and shall be conducted in fee. If the applicant removes accordance with the rules and his/her file from the agenda after regulations adopted by the Board. it has been accepted by the Plan- g. Organization. ning Department, the City shall re- tain the application fee. i. The Chairperson and Vice- The fee schedule is required in or- Chairperson shall be elected der to defray the costs associated annually from the members of the Board by a majority vote. with the administration of this Section. ii. The Department of Planning All applications must be submit- shall provide the necessary staff to assist the Board in the ted a minimum of one week prior performance of its duties. to the board meeting to be consid- ered. h. Conflict of Interest. Members of the Board shall be governed by the Should a question arise as to com- applicable provisions of the Iowa pliance with the conditions as out Code, as amended. This provision lined by the Design Review Board, shall apply from the installation a clarification review before the date of the first Board. Board may be called by any City department having jurisdiction or 3. Design Review Procedure. by the applicant. a. Application for Design Review. Upon receipt of a properly com- pleted application the Planning The applicant shall obtain a De sign Review application from the Department shall notify the appli cant of the time and place the re- be responsible for the overall co- Planning Department which shall view will be held. The Design Re- ordination and administration of view Board shall have full power the Design Review Process. Once and authority to consider arty ap- the application and appropriate plication subject to design review set(s) of plans have been received under this Section and Planning by the Planning Department and Department recommendation determined to be complete, the within a reasonable time from the date of submission of a complete Planning Department shall con- duct a staff review and prepare a application to the Planning De partment. The Board shall an- recommendation to the Design Review Board. nounce its decision within three (3) working days of the review. Any applicant requesting a review The Design Review Board shall before the Design Review Board have mandatory powers to ap- shall pay, upon the submission of prove or deny applications with or an application to the Planning De- without conditions. If an applica- partment, a fee in accordance with tion is denied the reasons for the the Schedule of Fees, as adopted denial shall be stated. by resolution by the City Council. If a deferment or clarification of The Design Review Board may re conditions is requested by the quire such changes in said plans and specifications as in its judg- 101 CHAPTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. ment may be requisite and appro- v. All one and two family resi- priate to the maintenance of a high dential properties and acces- standard of architecture, as estab- sory uses incidental to the lished by the standards contained Principal Permitted Use. in this Ordinance, the Design Re- 4. Building Permit Application. view Board's guidelines and as more specifically outlined in the The applicant or his/her authorized City's Comprehensive Plan and agent shall make application for a other specific plans pertaining to building permit. The application shall the Highway 218 Corridor Over- include the plans which were ap- lay District. proved by the Design Review Board and stamped and signed by the City Upon approval of an application Planner or his/her authorized repre- by the Design Review Board, the sentative. City Planner or his/her author- ized representative shall stamp No building permit, certificate of oc- and sign the plans. The approved cupancy, certification of completion, plan shall be part of the Board's or occupational license shall be issued official record and shall be main- unless all the plans, including tained on file with the Planning amendments,notes, revision, or modi- Department. fications have been approved by the City Planner or designee. Minor mod- b. Exemptions. ifications to plans that have been ap- Exemptions to the design review proved by the Design Review Board procedure include the following: will be permitted when approved by i. All permits for plumbing, the City Planner or his/her desig- heating, air conditioning, ele- vators, fire alarms and extin- No building permit shall be issued for guishing equipment, and all any plan subject to design review ex- other mechanical and electrical cept in conformance with the ap- equipment when such work is proved plans. The applicant shall entirely within the interior of have up to one (1) year from the date the building; however, the of design plan approval to obtain all City Planner or designee may necessary building permits needed to approve such building permit proceed with construction. If the ap- applications for minor work plicant fails to obtain said building on the exterior of buildings. permit(s) within the time period, all ii. Any permit necessary for the staff and Design Review Board ap- compliance with a lawful or- provals shall be null and void and the applicant shall be required to re- der of the City related to the initiate the design review process; immediate public health or safety. however, an extension for cause, not to exceed one (1) year,may be granted iii. All permits for interior altera- by the Board. lions and repairs. An applicant may submit an applica- iv. All permits for demolition or lion for a building permit simultane- wrecking. ously with a design plan review in or- der to expedite processing. However, 102 CHAPTER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. no building permit shall be issued un- used tires til the final design plan has been scrap metal stamped and signed by the City Plan- building materials and supplies ner or his/her authorized representa- sign materials five in accordance with this Ordi- concrete forms nance. used sign panels 5. Special Review Procedure, junk or salvage vehicles inoperable vehicles For minor work associated with al- partially scrapped vehicles terations and additions to existing vehicles waiting for repair for more buildings, or the construction repair, than 30 days or alteration of new or existing walls, salvage or inoperable appliances at grade parking lots,fences,and sign- all similar materials age, the City Planner or his/her des- ignated representative, shall have the authority to approve, approve with For any area used for the outside stor conditions or deny an application on age of items listed above, where a fence alternative is used the fence behalf of the Design Review Board. Appeal of the City Planner's finding shall be set back from property lines shall be considered by the Board at adjacent to public right-of-way a dis- the next regular meeting date. tance equal to the required building setback of the underlying Zoning Dis- 6. Appeal. trict. The applicant or any city department The setback area shall be planted with having jurisdiction may appeal any a combination of trees and shrubs to decision of the Design Review Board provide a minimum of 1.5 points per to the Board of Adjustment pursuant linear foot of street frontage in addi- to Chapter 28 of the Zoning Ordi- tion to the 1.5 points per linear foot of nance. street frontage required in 10-23-1 Screening/Fencing. (F)(4)(b). 1. Any area used for the outside storage 3. If the fencing alternative is utilized all of certain materials as hereinafter de- fencing shall be constructed of new scribed, shall be screened with a land materials which provide a uniform scape screen or an approved fencing appearance and shall be built to meet or exceed the currently adopted Build- Italternative to provide a visual barrier. is the intent to use landscaped ing Code. Acceptable fencing materi- P screens whenever ossible, and a als include but are not limited to: p fencing alternative is to be used only a. Solid Wood in cases where there is insufficient ar- ea or other obstacles which preclude b. Solid Metal the use of the landscaped screen. A 50% reduction in required points on The materials subject to this require- the exterior of the fence will be grant- ment include, but are not limited to ed for fencing that is constructed from the following: the following materials: a. Stone or brick 103 CHARIER 23 "H-C"HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. b. Concrete with approved design proposed expansion of an existing characteristics non-conforming structure between the c. Chain link with a hedge that sub- existing building line and the required stantially obscures the fence and set back line otherwise required in the which will provide a solid appear- underlying Zoning District shall be gl- ance within three (3) years of lowed only upon approval of the De- planting. sign Review Board. J. Setback Requirements. 5. For properties which are located in "C-1" and less restrictive zones and 1. To achieve the goals of this Section, are affected by these setback require- the setback requirement shall be fifty ments, the required rear yard setback feet(50')for all structures abutting: shall be reduced by one foot for each foot the front yard setback is in- a. Highway 218,or; creased beyond that which is required b. any service or frontage road serv- in the underlying zone, provided the ing Highway 218, or; property does not adjoin a residential c. the railroad if the railroad prop- zone. In no case shall the rear yard be erty is adjacent to Highway 218 or reduced to less than ten(10)feet. Bluff street; K. Use Restrictions. This setback area shall be used for No new junk yards, salvage yards, recy- open space only, except that parking cling yards, or construction storage yards shall be allowed to begin twenty-five shall be allowed in the "H-C" Highway 218 feet(25') from the property line. Corridor Overlay District. Expansion of said 2. For properties located adjacent to uses shall be allowed only through the design Bluff Street the building setback line review and Board of Adjustment process to shall be twenty-five feet (25'); the set- expand a legal non-conforming use. back area shall be used for open space ATTACHMENT A only. No parking or other use shall be allowed in the setback area. Commencing at a point 300 feet westerly of the intersection of Corporate City Limits 3. For the "C-3" Commercial District the and Highway 218 South; thence continuing building setback requirements for 300 feet in even width northerly along High- property abutting Highway 218 right- way 218 and then westerly along I-380 to of-way or the right-of-way of any ser- Hess Road. vice or frontage road servicing High- way 218 shall be twenty-five feet (25'). Thence northerly along Hess Road and This setback area shall be used for LaPorte Road to the intersection of East open space only, except that parking Mitchell Avenue; thence westerly along East shall be allowed to begin twelve and Mitchell Avenue to the intersection of Dena one-half feet (12.5') from the property Street if extended; thence northerly along De- line na Street to Byron Avenue, thence westerly on Byron Avenue to Wisconsin Street; thence 4. The setback requirements shall apply northerly along Wisconsin Street to Haw- to new construction. Existing struc- thorne Avenue; thence westerly along Haw- tures that are not in compliance with thorne Avenue to Ohio Street; thence north- this Section and wish to expand shall erly on Ohio Street to Forest Avenue; thence not increase the non-conformity. Any westerly on Forest Avenue to Minnesota 104 CHAI'I ER 23 "H-C'HIGHWAY 218 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. Street; thence northerly along Minnesota erly along West Airline Highway to a point Street to Bertch Avenue; thence westerly 300 feet easterly of Airport Boulevard; thence along Bertch Avenue to Oregon Street; thence southerly in 300 feet even width to Cedar northerly along Oregon Street to Williston River; thence following the Cedar River to the Avenue; thence westerly along Williston Av- By-Pass Channel; thence following the By- enue to Linwood Avenue; thence northerly Pass Channel to Conger Street; thence south- along Linwood Avenue to South Street; westerly on Conger Street to Westfield Ave- thence following South Street westerly to nue; thence along Westfield Avenue to River West Mullan Avenue; thence continuing Road; thence continuing on River Road to westerly on Leland Avenue to Sunnyside Av- West Mullan Avenue; thence continuing on enue; thence southerly on Sunnyside Avenue Commercial Avenue to West Second Street; to Randall Street; thence westerly on Randall thence southwesterly to West Second Street Street to Oaklawn Avenue; thence southerly to Jefferson Street; thence southeasterly on on Oaklawn Avenue to West Wellington; Jefferson Street to West Tenth Street; thence thence westerly on West Wellington if ex- northeasterly on West Tenth Street to Corn- tended to Black Hawk Creek; thence north- mercial Street; thence southeasterly on Corn- erly along Black Hawk Creek to Falls Ave- mercial Street to West Twelfth Street; thence nue; thence westerly on Falls Avenue to southwesterly on West Twelfth Street to Jef- Fletcher Avenue; thence northerly on Fletcher ferson Street; thence southeasterly on Jeffer- Avenue to Harwood Avenue; thence north- son Street to West Seventeenth Street; thence westerly along Harwood Avenue to Knoll northeasterly on West Seventeenth Street to Avenue; thence northerly on Knoll Avenue to Commercial Street; thence southeasterly on Rock Island Avenue; thence westerly on Rock Commercial Street to West Nineteenth Street; Island Avenue to Englewood Avenue; thence thence southwesterly on West Nineteenth northerly on Englewood Avenue to Bismark Street to Jefferson Street; thence southeasterly Avenue; thence westerly on Bismark Avenue on Jefferson Street to LaPorte Road; thence to Magnolia Parkway. Thence northerly on continuing on Paper Mill Street to Gladys Magnolia Parkway to Stratford Avenue; Street; thence southerly on Gladys Street to thence westerly on Stratford Avenue to Hawthorne Avenue; thence from Hawthorne Kirkwood Avenue; thence northerly on Avenue along Sheffield Avenue if extended Kirkwood Avenue to Upton Avenue; thence to East Mitchell Avenue; thence westerly westerly on Upton Avenue to Galloway along East Mitchell Avenue to Birmingham Court; thence northerly on Galloway Court to Avenue and Iowa Northern Railway; thence Maynard Avenue; thence northwesterly on southeasterly on Railway ROW to 300 feet Joy Drive to Gayle Street; thence northerly on northerly of I-380; thence easterly 300 feet in Gayle Street to C C&P Railroad; thence even width to Corporate Limits, thence northwesterly along railroad to intersection southerly along southerly Corporate Limits of Faber Road if extended; thence southerly the 300 feet southeasterly of I-380 ROW; to Rainbow Drive; thence westerly to a point thence continuing southwesterly to intersec- 300 feet westerly of intersection of Rainbow tion of Cedar Terrace Drive and Texas Street; Drive and Greenhill Road; thence following thence following Texas Street to East Shaulis Highway 218 North ROW northerly and Road; thence from East Shanlis Road in 300 westerly 300 feet in even width to West Cor- feet even width to Corporate Limits. porate Limits; thence northerly to a point 300 feet north of ROW; thence easterly 300 feet in even width to 300 feet westerly of Airport Boulevard; thence northerly 300 feet in even width to West Airline Highway; thence east- 105 CHAPTER 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISC RICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. CHAPTER 24 ties located within the U.S. Highway 20"H-C" HIGHWAY 20 Cor- ridor. The emphasis of the Highway Corri- dor Overlay District is to regulate the devel- CORRIDOR OVERLAY opment within the Highway 20 Corridor in DISTRICT order to promote the health, safety and wel- fare of the citizens of Waterloo. [Ordinance 3970, 9/13/93] New structures, certain modifications to 10-24-1 GENERAL REGULATIONS. existing structures that require building per- A. Boundaries. mits and certain site improvements shall con- form to this Chapter thereby achieving the The "H-C" Highway 20 Corridor Overlay environmental goals of the Land Use Policy District shall generally include all real prop- Plan. erty adjacent to or in close proximity to U.S. The provisions of this Chapter shall apply Highway 20. The actual boundaries are shown on the official zoning map and legally in addition to any other zoning district regu- described as follows: lations and requirements in which the land may be classified. In the case of conflict, the A parcel of land lying in the following most restrictiveprovisions shall govern, ex- Sections: Section 11, Township 88, Range 13; cept as otherwise expressly provided in this Section 10, Township 88, Range 13; Section 9, Chapter. Township 88, Range 13; Section 8, Township 88, Range 13; Section 7, Township 88, Range C. Definitions. 13; Section 6, Township 88, Range 13; Section The following definitions shall apply only 1, Township 88, Range 14; all in the city of for the purposes of this Chapter. Waterloo,Black Hawk County,Iowa; 1. Landscaped Area- An area not subject BEGINNING AT THE INTERSECTION to vehicular traffic, which consists of OF THE CENTERLINE OF HESS ROAD living landscape material, decorative AND THE SOUTHERLY RIGHT-OF-WAY rock,mulch,and similar material. LINE OF U.S. HIGHWAY 20, THENCE 2. Vehicular Use Areas-All areas subject SOUTH 300 FEET, THENCE WESTERLY to vehicular traffic including, but not ALONG A LINE 300 FEET NORMALLY limited to, accessways, driveways, DISTANT OF THE SOUTHERLY RIGHT-OF- loading areas, service areas, and park WAY LINE OF U.S. HIGHWAY 20 TO THE ing stalls for all types of vehicles. This WESTERLY CORPORATE LIMITS, THENCE definition shall not apply to covered NORTH TO A POINT 300 FEET NORTH OF parking structures or underground THE NORTHERLY RIGHT-OF-WAY LINE parking lots. OF U.S. HIGHWAY 20, THENCE EASTERLY ALONG A LINE 300 FEET NORMALLY 3. Overstory Tree- A self-supporting DISTANT OF THE NORTHERLY RIGHT- woody plant having at least one well- OF-WAY LINE OF U.S. HIGHWAY 20 TO defined stem or trunk and normally THE CENTERLINE OF HESS ROAD, attaining a mature height and spread THENCE SOUTH TO THE POINT OF of at least 30 feet, and having a trunk BEGINNING. that may, at maturity, be kept clear of B. Purpose and Intent. leaves and branches at least eight feet above grade. The purpose and intent of this Chapter is 4. Understory Tree- A self-supporting to establish a Highway Corridor Overlay Dis- trict for the orderly development of proper- woody plant having at least one well 106 CHAPTER 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 1..0-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. defined stem or trunk and normally D. Administrative Regulations. attaining a mature height and spread The provisions of this Chapter shall con- of less than 30 feet. stitute the requirements for all zones that lie 5. Shrub- A woody or perennial plant within the boundaries of the Highway 20 with multiple stems. Corridor Overlay District. This Chapter shall 6. Living Landscape- Low growing apply to all "R-3" or less restrictive uses re- woody or herbaceous groundcover, quiring a building permit for new construc- turf, shrubs, and trees. lion, a change in use or the following altera- tion or enlargement for: 7. Screen- An area of planting which 1. An addition of 10% or 1000 square provides an effective visual barrier. feet whichever is less;or For a single row the screen shall con- sist of Spruce, Firs, or Pines spaced at 2. Sites being developed for the provi- a maximum spacing of 15 feet or a sion of parking as a primary use or for double staggered row of Spruce, Firs, any improvement which results in the or Pine spaced at a maximum spacing provision of or an increase in parking; of 20 feet within each row; for Arbor or Vitae and Juniper the spacing shall be 3. Additions, alterations or repairs to ex- a double staggered row with maxi- fisting structures which result in a mum spacing of 10 feet within each change in the occupancy classification row, or a single row with maximum spacing of 6 feet. under the currently adopted Building Code. The City Planner may prorate 8. Parking Strip- That portion of city the requirements herein, based upon owned property between the curb the nature and extent of alterations line, shoulder line or traveled portion and additions. For projects as indi- of the roadway or alley and the pri- cated above, no certificate of vate property line. occupancy or building permit shall be issued unless such development 9. On-premise signs-A sign on the same project is found to be in conformance property as the activity it advertises. with this Chapter. 10. Off-premise signs- A sign not entirely EXPANSION OF EXISTING USES on the same property as the activity it advertises. For existing uses which will be ex- 11. Strip Mall- A group of commercial panding, the following percent of total establishments with off street parking points and total landscaped area shall on the property that are planned and be applied to the project dependent developed as an architectural unit and upon the total size of all additions are generally positioned in a row with since the adoption of this Section(Sep common walls. tember 13, 1993): 12. Large sites- Sites with an area equal to or greater than two acres. 13. Street yard setback area- The area lo- cated between a line parallel and adja- cent to the structure and the street right-of-way line. 107 CHAI'11:R 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The lesser of: Shall require: approved must satisfy the findings described 10% -20% addition 25% of Ordinance above. or 100 square feet requirements F. Landscape Requirements. 21% -40% addition 50% of Ordinance 1. Submittal Procedures. or 2000 square feet requirements a. Submittals for landscape approval 41% -50% addition 75% of Ordinance shall include a separate planting or 2500 square feet requirements plan showing type, size, and 51% addition or 100%of Ordinance number of plantings; a site plan showing total area and total land- 2501 square feet requirements scaped area and arty supplemen- E. Alternative Compliance. tary information as required to The City Planner or a designated repre demonstrate conformance to the sentative shall be solely responsible for ad landscape requirements. Any de ministering this Chapter. In a case where a viations from the approved land- ' plan does not comply with the provisions of scape plan must receive approval from the CityPlannerhis/her this Chapter, the City Planner or a designated or / representative may approve the plan if the designated representative prior to following findings are made: installation. 1. The proposed improvements will ful- fill an individual and/or community application, grants the City or its need and will not adverselyaffect the licensed and contracted agent the right to enter upon the land for the goals of the Comprehensive Plan;and g p purposes of installing the required 2. The proposed improvements, because landscaping, in the event that such of conditions that have been applied landscaping is not in place by the to it, will not be detrimental to the date specified in the agreement, or health, safety and general welfare of in the event that such landscaping persons residing or working in the ar- is not maintained as provided in ea and will not adversely affect other the agreement. If the City must property in the vicinity; and carry out the applicant's landscap- ing responsibilities, the cost shall 3. The proposed improvements will meet the purpose and intent of this be assessed against the property. Chapter. 2. Measured Compliance. 4. The proposed improvements will The following point schedule and meet all requirements of the underly- conditions apply to required land- ing Zoning District. If the proposed scaping in all zones and shall be used improvements do not meet all re- in determining achieved points for re- quirements of the underlying Zoning quired planting: District, approval of a Variance by the Board of Adjustment is also required. Overstory Trees The Alternative Compliance provision 4 inch caliper or greater 100 points may be applied to large commercial and in- 3 inch caliper or greater 90 points dustrial projects or projects on difficult sites 2 inch caliper or greater 80 points that are unable to meet the requirements as Trees with caliper of more stated in this Section. In all cases, projects so than 4 inches 25 points per inch 108 CHAPTER 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. Understory Trees landscape area shall be located 2 inch caliper or greater 40 points within the vehicular use area. 11/2 inch caliper or greater 30 points ii. There shall be .04 points per 1 inch caliper or greater 20 points square foot of vehicular use Shrubs area. The points shall be dis- tributed throughout the ve- 5 gallon or greater 10 points hicular use area and within 2 gallon or greater 5 points five feet (5') of the perimeter. Conifers The intent is to position the plantings to enhance the 10 foot height or greater 100 points overall appearance of the site. 8 foot height or greater 90 points 6 foot height or greater 80 points iii. There shall be sufficient barri- 5 foot height or greater 40 points ers to protect all landscaped 4 foot height or greater 30 points areas from vehicular damage. 3 foot height or greater 20 points iv. Wherever a parking area is lo- 3. Minimum Requirements for. Desig- Gated adjacent to City right of nated Zones. way, the parking area shall be separated from the parking a. "R" Zones- The minimum re- strip by a landscaped area(s) of quired landscape area shall be 45 a width no less than eight (8) percent of the lot exclusive of feet measured perpendicular buildings. The yard shall be to the curb. planted with a combination of trees and shrubs to achieve a min- v. he vehicular use area must imum of.05 points per square foot terminate at least five feet from any exterior building wall. of the landscaped area. Exceptions may be made b. "C" and "M" Zones- The mini- where it is necessary to cross mum required landscape area the non-vehicular use area to shall be 25 percent of the total lot gain access to the building(s) area. The landscape area shall be and for drive up facilities such planted with a combination of as banks and restaurants and trees and shrubs to achieve a min- for other difficult sites as de- imum of .04 points per square foot termined by the City Planner of total lot area. or designee. 4. Additional Landscaping Require- vi. All trees in the interior of the ments. vehicular use area shall be two The following additional landscaping inch (2") caliper or greater requirements apply to all zones: measured six inches (6") above grade at the time of planting. a. Vehicular Use Areas. vii. Areas less than 40 square feet i. For vehicular use areas larger in size or having an average than four (4) spaces, an area dimension of less than three equivalent to a minimum of feet, shall not be included for five percent (5%) of the total purposes of calculating the re- vehicular use area shall be landscaped. The required 109 CHAI'PER 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F'SHALLOW FLOODING(OVERLAY)DISTRICT. quired landscape area in the tial requirements of this Section vehicular use area. shall apply. b. Street Tree Planting. A mini- e. Point Distribution. A minimum mum of 1.5 points per linear foot of 65 percent of all required points of street frontage must be shall be achieved through tree achieved in the City parking strip. plantings. A minimum of 10 per- This point requirement shall be cent of all required points shall be met through the provision of trees, achieved through living landscape and planting shall comply with other than trees. the Vegetation Ordinance Chapter f. Reduction of Landscaped Area. 35 of the Waterloo Municipal A point score in excess of that re- Code, as amended. If circum- quired may be used to reduce the stances do not allow planting on the city parking, street tree points required landscaped area at a rate shall be placed in the street yard of one square foot per excess point up to a maximum reduction of 25 setback area. percent. c. Maintenance. The owner shall g. Screening. For any use that is be solely responsible for the main- abutting Highway 20 but is not tenance of any and all landscap- oriented toward Highway 20, a ing. This maintenance shall in- screen shall be installed along the dude but not be limited to, re- lot line abutting the highway. moval of litter, pruning, mowing There will be no individual tree of lawns, adequate watering for all points given for this screen. The growing plant life, and also weed- screen will receive 3 points per ing in accordance with the Tree linear foot if the trees are greater and Shrub Care Guidelines as set than 6 feet in height at the time of forth by the Waterloo Park Corn- planting. The screen will receive 1 mission. The owner shall also be point per linear foot if the trees are responsible for any replacement, greater than 4 feet in height at the as necessary, in order to preserve time of planting. In no case shall the landscaping plan as approved the trees be less than 4 feet at the by this Section. The responsibility time of planting. Exceptions to to maintain the landscaping shall this requirement may be granted include the parking strip located between the private property line by the City Planner if it is deter- and the public street or highway, mined that adequate design con- sideration has been given to all directly adjacent to the owners aspects of the site that are visible property. An installation and from Highway 20. maintenance of landscaping and right to enter agreement shall be G. Sign Regulations. signed prior to a building permit GENERAL PROHIBITION: No person being issued, unless otherwise shall develop, install, locate, or construct any provided by the City Planner. sign requiring a permit within the Highway d. Residential Development. For 20 Overlay District in the city of Waterloo ex- residential development in other cept as expressly authorized in this Section. than residential zones, the residen- The provisions of this Section shall apply in addition to any other Zoning District in 110 CHAYIhR 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. which land may be classified and that such The square footage of di- lands may be used as permitted by such other rectional signs shall not be districts. In the case of conflict, the most re- included in the calculation strictive provisions shall govern except as of the allowable square otherwise expressly provided in this Section. footage or location of other 1. Permitted Signs. signage. a. On-premise Signs. (d) Menu Signs. Single sided menu signs shall be al- i. In residential and "A-1" dis- lowed with no advertise- tricts, only those signs permit- ment on the back of the ted in the underlying districts sign. Each sign shall have a shall be allowed. maximum area of sixty (60) ii. Commercial "C-1" and square feet and shall not "C-1/C-Z" include a speaker if facing an abutting residential dis- (a) Post Signs. One post sign trict or residential use. The per property, not to exceed square footage of menu 40 square feet on each face signs shall not be included and not to exceed 20 feet in in the calculation of the al- height. If more than two lowable square footage or faces are used the area of location of other signage. each side shall be reduced proportionately. th. Commercial "C-2" and All Other Zoning Classifications (b) Wall Signs. Wall signs shall not exceed two (2) (a) Post signs. One (1) post square feet in area for eve- sign per property, not to ry linear foot of wall dis exceed 40 feet in height playing such sign. Wall with an area not to exceed signs shall be mounted flat the smaller of the follow- against the building. For mg: the purpose of this Chap- (1) Two (2) square feet for ter, signs painted on awn- each foot of street ings and signs mounted on frontage. mansards shall be consid- ered as wall signs. (2) 250 square feet. (c) Directional Signs. Each If more than two (2) faces use shall also be allowed are used, the area of each directional signs as neces side shall be reduced pro- sary to facilitate the or- derly flow of traffic with a For large sites one (1) addi- maximum area of 6 square tional post sign may be al- feet each. A logo is permit- lowed under the following ted on the directional conditions: signs, but shall not exceed (1) The property has at two (2) square feet. These signs are for directional, least one hundred fifty not advertising purposes. 111 CHAPTER 24 "H-C"HIGHWAY 20 CORRIDOR OVERLAY DISTRICT 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. feet (150') of continu- shall be submitted by ous street frontage. the developer and/or (2) The additional post landowners for the en- sign shall not be to-tire site prior to a sign cated closer than one permit being issued. hundred fifty feet (150') (b) Wall Signs. Wall signs to any other post sign shall not exceed 10% of the on the same property. wall area; in no case shall (3) The maximum corn- the wall signs exceed 10% biped area for both of the first 15 vertical feet of wall area. The length of signs shall not exceed the maximum allowed a wall sign shall not exceed area for a single post 2/3 of the building wall sign in that zone. length. Wall signs shall be mounted flat against the Strip malls and multiple building. For the purpose businesses with the land of this Chapter, signs under common ownership painted on awnings and that share common park- signs mounted on man- ing, access or structures sards shall be considered shall be treated as a single as wall signs. Required di- property for the purposes rectional wall signs may be of this Section. exempted from this Section For strip malls and multi- upon approval of the City ple businesses with the Planner or his/her desig- land under diverse owner- ship that share common (c) Directional Signs. Each parking, access or struc- use shall also be allowed tures, there shall be al- directional signs as neces- lowed one (1) post sign per sary to facilitate the or- use if the following condi- derly flow of traffic with a tions are met: maximum area of 6 square (1) The additional post feet each. A logo or busi- sign shall not be to ness name is permitted on cated closer than one the directional signs, but hundred fifty feet(150') shall not exceed two (2) square feet. These signs to any other post sign. are for directional, not ad- (2) The maximum corn- vertising purposes. The bined area for all signs square footage of direc- on the site shall not ex- tional signs shall not be in- ceed the maximum al- eluded in the calculation of lowed area for a single the allowable square foot- post sign in that zone. age or location of other (3) A sign plan showing signage. the square footage of (d) Menu Signs. Single sided signage for each parcel menu sign shall be allowed 112 CHARIER 24 "H-C"HIGHWAY 20 CO RRIDOR OVERLAY DISTRICT 10 22 5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. with no advertisement on 3. Prohibited Signs. the back of the sign. Each The following signs are not consid- sign shall have a maximum ered appropriate within the overlay area of sixty (60) square district and shall not be permitted: feet and shall not include a speaker if facing an abut- Portable signs ting residential district or Off-premise signs located on bus residential use. The square benches footage of menu signs shall Signs painted directly on buildings not be included in the cal- Off-premise roof signs culation of the allowable H. Screening/Fencing. square footage or location of other signage. 1. Any area used for the outside storage of certain materials as hereinafter de- (e) Roof Signs. Roof signs scribed, shall be screened with a land- shall be allowed in place of scaped screen or an approved fencing the wall sign only when alternative to provide a visual barrier. both of the following con- It is the intent to use landscaped ditions are met: screens whenever possible, and a (1) Insufficient area for a fencing alternative is to be used only wall sign; in cases where there is insufficient ar- (2) The building has a ea or other obstacles which preclude the use of the landscaped screen. pitched roof and the roof sign does not pro- The materials subject to this require- ject higher than the ment include, but are not limited to peak of the roof. the following: b. Off-Premise Signs. Off-premise used tires signs shall not be allowed in the scrap metal overlay district. building materials and supplies sign materials 2. Additional Sign Regulations. concrete forms Sign permits shall expire six (6) used sign panels months after the date of issuance. junk or salvage vehicles inoperable vehicles When a business ceases operation, the partially scrapped vehicles on-premise signage shall be removed vehicles waiting for repair for more by the owner according to the follow- ing schedule: Sign or sign cabinet— than 30 days within 180 days, supporting strut salvage or inoperable appliances tore—within 1 year. all similar materials When off-premise advertising is bare 2. For any area used for the outside stor- or in disrepair for a period of 90 days, age of items listed above, where a it shall be removed. If it is bare or in fence alternative is used, the fence disrepair for a period of one (1) year shall be set back from property lines the structure shall be removed. adjacent to public right-of-way a dis- tance equal to the required building setback of the underlying Zoning Dis- trict. 113 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- lion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (F)(4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized,all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the yard required and setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- each foot the front yard setback is fin- ing Code. Acceptable fencing materi- creased beyond that which is required als include but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10)feet. A 50% reduction in required points on J. Use Restrictions. the exterior of the fence will be grant No new junk yards, salvage yards, recy- ed for fencing that is constructed from the following materials: cling yards, or construction storage yards shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said b. Concrete with approved design uses shall be allowed only through the ap- characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of CHAPTER 24A planting. ALCOHOL SALES USE Setback Requirements. OVERLAY DISTRICTS 1. To achieve the goals of this Section, the setback requirement shall be fifty 10-24A-1 GENERAL REGULATIONS. feet (50') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the prop- shown on the official zoning map and legally erty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- Avenue district, Logan Avenue district, E. 4th tures that are not in compliance with Street district, and Church Row Neighbor- this Section and wish to expand shall hood district. not increase the non-conformity. Any B. Purpose and Intent. proposed expansion of an existing 114 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRIL1S 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The purpose and intent of this Chapter is Franklin Street; thence Northwesterly along to establish Alcohol Sales Use Overlay Dis- the centerline of Franklin Street to its intersec- tricts to avoid undue concentration of certain tion with the centerline of Oak Avenue; i alcohol uses in designated areas already thence North along the centerline of Oak Av- popu.lated by significant numbers of alcohol enue to its intersection with the centerline of sales uses, to mitigate the secondary effects of Utica Street; thence Northeasterly along the certain alcohol sales uses, to preserve and centerline of Utica Street to its intersection protect neighborhoods from deterioration with the centerline of Lincoln Street; thence and loss of property value due to incompati- Northwesterly and Northerly along the cen- ble uses, and otherwise to promote the gen- terline of Lincoln Street to its intersection eral purposes of the zoning ordinance. with the centerline of Bratnober Street; thence The provisions of this Chapter shall apply West along the centerline of Bratnober Street in addition to any other zoning district regu- to its intersection with the centerline of Co lations and requirements in which the land lumbia Street; thence North along the center- may be classified. In the case of conflict, the line of Columbia Street to its intersection with most restrictive provisions shall govern, ex- the centerline of the Canadian and National Railroad;thence Northwesterly along the cen- cept as otherwise expressly provided in this Chapter. terline of the Canadian and National Railroad to its intersection with the centerline of C. Administrative Regulations. Ackermant Street; thence North along the centerline of Ackermant Street to its intersec- The provisions of this Chapter shall con- saute the requirements for all zones that lie lion with the centerline of W. Parker Street; tit within the boundaries of any of the Alcohol thence West along the centerline of W. Parker Street to its intersection with the centerline of Sales Use Overlay Districts. Fairview Avenue and the point of beginning. D. Use Restrictions. Logan Avenue Overlay District No new alcohol sales uses, other than in- cidental alcohol sales uses, shall be estab Beginning at the intersection of the center lished in an Alcohol Sales Use Overlay Dis- lines of Franklin Street and E. Mullan Ave- trict. Expansion of said uses shall be allowed nue; thence Northwesterly along the center- only through approval by the Board of Ad- line of Franklin Street to its intersection with justment process to expand a legal non- the centerline of Oak Avenue; thence North conforming use. along the centerline of Oak Avenue to its in- tersection with the centerline of Utica Street; ATTACHMENT "A" thence Northeasterly along the centerline of Broadway Avenue Overlay District Utica Street to its intersection with the center- line of the former Illinois Central Railroad Beginning at the intersection of the center- Beltline (abandoned); thence Northerly along lines of W. Parker Street and Fairview Ave- the centerline of the former Illinois Central nue; thence South along the centerline of Railroad Beltline (abandoned) to its intersec- Fairview Avenue and an extension of the cen- lion with the centerline of the Canadian and terline of Fairview Avenue to its intersection National Railroad (formerly Illinois Central with the Northeasterly line of the Cedar Riv- Railroad); thence Southeasterly along the cen- er; thence Southeasterly along the Northeast- terline of the Canadian and National Railroad erly line of the Cedar River to its intersection to its intersection with the centerline of E. with the centerline of E. Third Street; thence Mnilan Avenue (also known as U.S. Highway Northeasterly along the centerline of E. Third 63); thence Southerly and Southwesterly Street to its intersection with the centerline of along the centerline of E. Mullan Avenue to 115 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. its intersection with the centerline of Franklin the centerline of E. Second Street and the Street and the point of beginning. point of beginning. E. 4th Street Overlay District Church Row Neighborhood Overlay District Beginning at the intersection of the center- Beginning at the intersection of the center- lines of Franklin Street and E. Second Street; lines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of thence Northeasterly along the centerline of E. Second Street to its intersection with the South Street to its intersection with the cen- centerline of Walnut Street; thence North- terline of Washington Street; thence South- westerly along the centerline of Walnut Street easterly along the centerline of Washington to its intersection with the centerline of Pine Street to its intersection with the centerline of Street; thence East along the centerline of Pine W. Sixth Street; thence Southwesterly along Street to its intersection with the centerline of the centerline of W. Sixth Street to its intersec- Iowa Street; thence North along the centerline tion with the centerline of Randolph Street; of Iowa Street to its intersection with the cen- thence Southwesterly in a straight line to the terline of Dane Street; thence West along the intersection of the centerlines of W. Sixth centerline of Dane Street to its intersection Street and Wellington Street; thence continu- with the Centerline of E. Mullan Avenue (also ing Southwesterly along the centerline of W. known as U.S. Highway 63); thence North Sixth Street to its first intersection with Grant along the centerline of E. Mullan Avenue to Avenue; thence continuing Southwesterly its intersection with the centerline of the along the centerline of W. Sixth Street to its Webster Street right-of-way; thence East second intersection with Grant Avenue; along the centerline of the Webster Street thence Northwesterly along the centerline of right-of-way and the centerline of Webster Grant Avenue to its third intersection with W. Street to its intersection with the centerline of Sixth Street; thence Southwesterly along the Ankeny Street; thence North along the center- centerline of W. Sixth Street to its intersection line of Ankeny Street to its intersection with with Allen Street; thence Northwesterly along the centerline of Ricker Street; thence East the centerline of Allen Street to its intersec- along the centerline of Ricker Street to its in- lion with the centerline of W. Fifth Street; tersection with the centerline of Linn Street; thence Southwesterly along the centerline of thence South along the centerline of Linn W. Fifth Street to its intersection with the cen- Street to its intersection with a line drawn be- terline of Baltimore Street; thence Southeast- tween the Southeasterly corner of Lot 4, Block erly and Southerly along the centerline of Bal- 7, Hammond and Hopkins Addition and the timore Street to its intersection with the cen- Southwesterly corner of Lot 7, Block 6, terline of Pleasant Street; thence West along Hammond and Hopkins Addition; thence the centerline of Pleasant Street to its intersec- Westerly in a straight line to the intersection lion with the centerline of W. Fifth Street; of the centerlines of E. Fourth Street and Dane thence Southwesterly along the centerline of Street; thence South along the centerline of E. W. Fifth Street to its intersection with the cen- Fourth Street to its intersection with the cen- terline of Bayard Street; thence South along terline of Walnut Street; thence Southeasterly the centerline of Bayard Street to its intersec- along the centerline of Walnut Street to its tion with the centerline of Williston Avenue; intersection with the centerline of the Union thence West along the centerline of Williston Pacific Railroad; thence Southwesterly along Avenue to its intersection with the centerline the centerline of the Union Pacific Railroad to of Kimball Avenue; thence North along the its intersection with the centerline of Franklin centerline of Kimball Avenue to its intersec- Street; thence Northwesterly along the center- tion with the centerline of Reber Avenue; line of Franklin Street to its intersection with thence East along the centerline of Reber Av- 116 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. enue to its intersection with the centerline of 1. Each loading space shall be not less Sullivan Avenue; thence North along the cen- than ten(10)feet in width, twenty-five terline of Sullivan Avenue to its intersection (25)feet in length. with the centerline of W. Second Street; 2. Such space may occupy all or any part thence Northeasterly along the centerline of of required yard or court space or as W. Second Street to its intersection with the specifically provided in the district in centerline of South Street; thence Northwest which it is located. erly along the centerline of South Street to its intersection with the centerline of W. Mullan 10-25-2 OFF-STREET PARKING AREA Avenue and the point of beginning. REQUIRED. A. Scope of Regulations. [Ordinance 3050, 10/1/79] CHAPTER 25 [Ordinance 4634, 8/11/03] VEHICULAR USE, PARKING In all districts, except the "C-3" Cen- AND LOADING AREAS, tral Business District, "S-1" Shopping PUBLIC GARAGES, PARKING Center, "M-2,P" Planned Industrial LOTS AND FILLING District, "C-P" Planned Commercial District, "B-P" Business Park District, STATIONS. and "R-P" Planned Residence District in connection with every industrial, commercial, business trade, institu- 10-25-1 OFF-STREET LOADING SPACES tional, recreational, or dwelling use, REQUIRED. and similar uses, space for parking [Ordinance 4634, 8/11/03] and storage of vehicles shall be pro- A. Regulations. vided in accordance with the regula- tions of this Section and subject to any In any district, except the "C-3" Central restrictions contained elsewhere in Business District, in connection with every this Ordinance for the district in building or part thereof hereafter erected, which such facilities are located. having a gross floor area of ten thousand 1. In the "C-3" District, for the pur- (10,000) square feet or more, which is to be occupied by manufacturing, storage, ware- pose of minimizing disruptive house, goods display, retail store, wholesale curb-cuts and driveways and to store, market, hotel, hospital, mortuary, encourage the consolidation of parking space in appropriate loca- laundry, dry cleaning or other uses similarly lions, accessory off-street parking requiring the receipt or distribution by vehi- cles of material or merchandise, there shall be is not required. provided and maintained on the same lot 2. For parking facilities located in "S- with such building, at least one (1) off-street 1" Shopping Center, "M-2,P" loading space plus one (1) additional such Planned Industrial, "C-P" Planned loading space for every twenty thousand Commercial, "B-P" Business Park, (20,000) square feet or major fraction thereof and "R-P" Planned Residence Dis- of gross floor area so used in excess of ten tricts, the schedules set forth in thousand (10,000) square feet. this Section shall generally be the maximum. The actual parking re- quirements shall be determined during the review of the site plan 117 CHAI'1 ER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. by the Commission in view of the District or a Residence District, except flexibility of the guidelines for the- one and two family dwellings and un- se particular districts. less otherwise specifically restricted by this Ordinance. New vehicular use B. General Requirements. areas shall be allowed to match the [Ordinance 3050, 10/1/79] setback, including being built in re- [Ordinance 3335, 4/23/84] quired front yard setback areas, if ad- [Ordinance 4634, 8/11/03] jacent property on the same side of 1. When the intensity of use of any the street and within the same block building, structure, or premises shall (or 300' distance in absence of block be increased through the addition of development) is located within said dwelling units, gross floor area, seat- areas. ing capacity, or other units of meas 4. Off-street parking facilities for sepa- urement specified herein or if the use rate uses may be provided collectively changes to a use that requires addi- if the total number of spaces so pro- tional parking facilities, parking and vided is not less than the sum of the loading facilities as required herein separate requirements governing loca- shall be provided for such increase in lion of accessory parking spaces in re- intensity of use and for any existing lation to the use served and adhered deficiency in parking or loading facili to. No parking space or portion ties. thereof shall serve as a required space For uses in existence as of the date of for more than one use unless the use non-conformity, a similar use may oc- is associated with a multi-use building cupy the building without providing and approved by the Board of Ad- additional parking. justment after recommendation by the 2. All parking spaces required by this Planning Department. Ordinance must be provided on the 5. In cases where parking facilities are same lot and zoning classification as permitted on land other than the lot the use in question or, if applicable, in on which the building or use served is the adjacent less restrictive zoning located, such facilities shall be in the classification, except in the case of same possession as the lot occupied owners of property that are non- by the building or use to which the conforming as to parking require- parking facilities are accessory. Such ments as of the date of non- possession may be either by deed or conformity. In such a case, the owner long term lease, the term of which is may provide additional parking as to be determined by the Board of Ad- long as it is within the 200 feet of the justment, and such deed or lease shall lot for the use in question, subject to be filed with the Recorder of Deeds of the approval of the Board of Adjust- Black Hawk County. The deed or ment. lease shall require such owner or his or her heirs and assigns to maintain 3. Off-street parking spaces, including the required number of parking facili- the adjacent area used for turning ties for the duration of the use served movements necessary to enter or or of the deed or lease, whichever leave the parking spaces, may be to shall terminate sooner. cated in any yard except the required front yard setback area stated in the 6. No part of any vehicular use area or Bulk Regulations in an Agriculture parking space shall be closer than five 118 CHAP ER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. (5) feet to any established street right- 9. Every parking lot shall be so arranged of-way, alley (except when the alley as to provide for the orderly and safe abutting the parking is paved as ap- loading or unloading and parking and proved by the City Engineer), or lot storage of self-propelled vehicles. All line. This shall allow for a reasonably off-street parking facilities fronting on designed entryway for the access from a public street shall be so designed so the property line, but shall not allow as to permit entrance and exit by for- for a lengthy access drive closer than ward movement of the vehicle. The the required setback. In case two (2) or backing or backward movement of more permitted parking areas of dif- vehicles from an off-street parking fa- ferent ownership or use abut, the five cility onto a public street shall be (5) foot setback shall not be required strictly prohibited, except for one and along those portions that abut if cross- two family dwellings. The minimum traffic access between the parking ar- driveway width between two rows of eas is provided. This requirement parking stalls shall be fifteen (15) feet does not apply to one and two family for 45 degree angled parking, nine- dwelling units. teen (19) feet for 60 degree angled 7. It is desirable that all parking areas be parking or for 45 degree and 60 de aesthetically improved to reduce ob gree herring bone pattern parking, trusive characteristics such as those and twenty-four (24) feet for 90 de inherent to their uses. Whenever gree parking. The minimum drive practical, such parking areas shall be way width when other than between effectively screened from general pub two rows of parking stalls shall be fif- effectively view by incorporating the natural teen (15) feet for one-way access and landscaping and topography with in twenty (20)feet for two-way access. troduction of additional planting and 10. The City Planner or representative grading to accomplish this desire. shall be responsible for reviewing and approving the layout of all parking fa All parking areas for more than four (4) spaces shall be aesthetically im aides in order to meet the stipula- proved in accordance with the Land- lions of these regulations. In addition, scaping Regulations of Section 10-5- in case any building, structure, or use 1(S). is not specifically mentioned herein, the provisions for a use which is men- (Ordinance 3907, 12/21/921 tioned and to which said use is similar 8. Where a parking facility does not abut shall apply. on a public street, there shall be pro- 11. Screening and Landscaping: All open vided an access drive not less than ten parking areas containing more than (10) feet in width in the case of a four (4) parking spaces shall be effec- dwelling and not less than twenty (20) lively screened as defined herein on feet in width in all cases leading to the each side adjoining property situated loading or unloading spaces and in a Residence District or any institu- parking or storage area required tional premises, except when the ad- hereunder. Except where provided in joining property is used for profes- connection with the use permitted in a sional office or multi-family, by a wall residential district, such easement of or densely planted compact hedger access or access drive shall not be lo- except if the closest point of such cated in any residential district. parking area is at least one hundred 119 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. (100) feet from the nearest residential question, or all leasable area designed or institutional property line or across for tenant occupancy, shall be added a street. For such parking areas sepa- together to get a total floor area. Ar- rated from property situated in a Res- eas used only for mechanical, ware- idence District or any institutional house, storage, or other similar uses premises by an alley, the screen shall may be excluded. Also areas to be be required except along approved used for seasonal display or garden points of access, provided that the areas may be excluded. The property points of access are not more than owner must provide documentation twenty-four (24) feet wide and not of the use of all areas to be excluded less than thirty-six (36) feet apart. from the floor area calculation. A Points of access more than twenty- change in use to a non-excluded use four (24) feet wide or closer than thir- will require the area to be included in ty-six (36) feet apart shall be allowed the floor area calculation for determi- if the screen is installed on the oppo- nation on the number of parking site side of the alley with agreement of spaces required. the property owner(s). 16. Parking Lot Expansion Surfacing: 12. Lighting: Any lighting used to illu- Any expansion of an existing parking minate any off-street parking area or lot must be properly graded, drained any area(s) used for non-residential and hard surfaced as per Section 10- purposes shall be so arranged as to re- 25-2(D), Off-Street Parking Area Re- flect the light away from adjoining quired. This includes expansions of residential premises. [Ordinance existing parking lots that are not hard 3442,6/16/86] surfaced. This does not mean that the 13. Parking Space: The minimum size of existing gravel lot or lots must be a parking stall shall be nine (9) feet by properly drained or hard surfaced, eighteen (18) feet, or one hundred and just the parking expansion area. sixty two (162) square feet, excluding 17. Existing Parking Lot, New Surfacing: the area necessary for access and ma- Any existing parking lot that is being neuvering. When calculating the surfaced for the first time or recon- number of spaces required under this structed must be properly graded, Ordinance, a fractional space shall re- drained and hard surfaced as per Sec- quire an additional space. tion 10-25-2(D), Off-Street Parking Ar- 14. Site Plan: Any application for a build- ing permit or for an occupancy certifi- C. Design and Maintenance. cate where no building permit is re [Ordinance 3947, 6/7/93] quired, shall include a site plan, [Ordinance 4634, 8/11/03] drawn to scale, and fully dimensioned showing any off-street parking or 1. Plan: Except for single and two fam- loading facilities,points of access to be ily residential uses, the construction provided, and an adequate number of plans for the design of parking lots handicap parking spaces. shall be subject to the approval of the City Engineer. The design shall show: 15. Floor Area: In calculating the floor the use the parking lot is serving, set area as it applies to these regulations back from all property lines, stall and all multiple stories including base aisle layout with dimensions, handi- ments used as a part of the use in capped stalls, pedestrian movement 120 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. considerations, driveway locations id building permit in place and con- with dimensions, existing ground ele- struction progress being made on an vations, proposed ground elevations, ongoing basis as determined by the storm sewer system and storm water Building Official. detention plan(s) with calculations, If a permit is not necessary for the surfacing material and thickness. The type of work, a timeline must be sub- design plan must also comply with miffed by the property owner(s) re- other provisions of this Section and the landscaping requirements. [Ordi- a temporary access - as a nance 3947, 6/7/93] parking lot is not a Principal Permit- ted Use by itself in many zoning dis- 2. Surfacing and access: All off-street tricts. If any timeline is to extend be- vehicular use and parking areas, ex- yond a single construction season or cept for those uses listed in Subsection one year, whichever is longer, ap- 4 below, shall be surfaced with a min- proval must be granted by the Board imum of a four-inch Hot Mix Asphalt of Adjustment. (HMA) on a six-inch rock base or five In granting such temporary accesses, inches of Portland Cement Concrete the City Engineer shall evaluate each (PCC), or other pavement design ap- site to allow the best temporary access proved by the City Engineer as long for the community. Such criteria shall as it is similar to HMA or PCC. Rock include: traffic, impact upon existing treated with oil or emulsion, an oil or emulsion treated surface, or seal coat development and neighborhoods, sight distances, impact on street con- shall not be approved. This shall in- ditions, pavement thickness and de- dude any and all access to the site. [Ordinance 3947, 6/7/93] sign, and any other criteria deemed necessary to properly evaluate such Vehicular access from street to right- an access decision. of-way line or within an alley shall be Any temporary access for construc- constructed to the requirements of the tion sites and/or phased plans as of City of Waterloo Driveway and Side the date of non-conformity shall be walk Specifications. Furthermore, no continued as long as actual construc- access shall be allowed off the end of a tion is in progress, as defined above. dead-end street without proper exten- Any stop in actual construction or in sion and turn-around or cul de sac between phases of development shall improvements. Existing access off the be cause for the access to be removed end of a dead-end street shall not be and reapplied for from the City Engi- widened, improved or used as an ac- neer. The use of more than one tem- cess for an increased number of Prin porary access shall be at the discretion cipal Permitted Uses without proper of the City Engineer, based on the cri- extension and turn-around or cul de teria stated in this paragraph above. sac improvements. Furthermore, the extension of any ex- For temporary construction access isting temporary access beyond a sin- and/or sites with an approved phased gle construction season or one year, development plan, all such entrances whichever is longer, shall require ap- shall be approved by the City Engi- proval by the Board of Adjustment. neer and only allowable while actual construction is in progress. Actual construction shall be defined as a val- 121 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. All temporary accesses shall be con- (100) square feet of gross floor area structed and maintained to be dust- indoors and one (1) parking space for free. each one thousand (1,000) square feet 3. Drainage and detention: All vehicu of display area outdoors. lar use and off-street parking areas 2. Animal Hospital, Veterinary Clinic shall be graded and drained to dis- or Kennel. One (1) parking space for pose of surface water accumulation in each two hundred fifty (250) square a manner approved by the City Engi- feet of gross floor area, excluding an- neer and in accordance with the City's imal exercise areas. Stormwater Ordinances. At a mini 3. Automobile, mobile homes, motor- mum, this shall limit runoff from cycle and other vehicle sales and ser- parking areas to adjacent property to vice garages. One (1) parking space the same rate of runoff experienced for each five hundred (500) square feet prior to the development of the park- of floor area. ing area. [Ordinance 3947, 6/7/93] 4. Banks, Businesses and Professional All detention areas located within the Offices Except Doctors'Offices. area between the building and street right-of-way line shall be designed to a. For Offices Under 50,000 Square Feet. One (1) parkingspace for allow for maintenance in a mow-able, p green space, or decorative retaining each three hundred (300) square are block type design. The use of riprap feet of floor area. or similar materials shall be minimal b. For Offices Over 50,000 Square in this area, used sparingly as neces- Feet of Gross Floor Area. One (1) sary for the functioning of the drain- parking space for every four hun- age and detention plan. dred (400) square feet of gross 4. Exceptions to hard surfacing: Off- floor area or one (1) parking space street parking areas and vehicular use for every two (2) employees on the areas for the following uses shall not maximum work shift;whichever is be required to be hard surfaced as greater. provided in Subsection 2 above: 5. Barber and Beauty Shops. Two (2) a. Single family and two family resi- spaces for each operator. dences 6. Bowling Alleys. Five (5) spaces for b. Any Principal Permitted Use in an each alley and one parking space for "A-1" Agricultural District or for each four (4) spectator seats. an agricultural use in other than 7. Car Wash. Two (2) stacking spaces the"A-1" District for each washing bay, one (1) stacking c. Temporary accesses in compliance space for each vacuuming unit, plus with Subsection 2 above one (1) space for every two (2) em- ployees. d. Access to a wireless communica- tions tower 8. Churches/Religious Facility. One (1) D. Parking Space(s) Required. parking space for each four (4) per- sons of maximum occupancy of the [Ordinance 3323,2/6/84] sanctuary, auditorium or main hall, as 1. Auction Establishments. One (1) provided by the currently adopted parking space for each one hundred Building Code. 122 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. 9. Community Center, Museum or Art a. Multi-family Elderly Housing Gallery. One (1) space for every two Projects. One parking space for hundred fifty (250) square feet of floor every two (2) units plus five (5) area devoted to patron use, or one (1) visitor parking stalls for every for- space for every five (5) persons of ty (40)units or part thereof. maximum occupancy of patron use b. Dormitories. One (1) parking area as provided by the currently space for each four (4) students adopted Building Code, whichever is that can live in the dormitory. greater. c. Group Home. Two (2) spaces per 10. Contractor Business, including Car- dwelling unit, plus one (1) space penter and Cabinet Shop, Plumbing and Heating Shop, Roofing Shop, for every resident supervisor. [Or Sheet Metal Shop, Sign Painting dinance 3775, 3/18/91] Shop, and similar uses. One (1) park- d. Halfway House. One (1) space for ing space for each two hundred fifty every two (2) beds. [Ordinance (250) square feet of office floor area 3775, 3/18/91] and one (1) space for each two (2) per- e. Boarding House and Rooming sons employed on the maximum shift. House. Two (2) parking spaces 11. Correction Facility. One (1) space for per dwelling plus one (1) space for each two (2) employees on the maxi- every room used for boarding mum shift plus one (1) space for each purposes. twenty five (25) inmates. 16. Funeral Homes and Mortuaries. Fif- 12. Dance Halls and Assembly Halls. teen (15) parking spaces or one (1) One (1) parking space for each one parking space for each four (4) per- hundred (100) square feet of floor area sons of maximum occupancy of the devoted to patron use or one (1) park- auditorium(s),whichever is greater. ing space for each four (4) persons of 17. Furniture, Appliance or Home Im- maximum occupancy of patron use provement Store. One (1) parking area as allowed by the currently space for each five hundred (500) adopted Building Code, whichever is square feet of floor area. greater. 18. Health/Sport Clubs. One (1) space 13. Day Care Center. One (1) space for for every one hundred (100) square each two (2) employees on the maxi- feet of exercise floor area plus two (2) mum shift, plus one (1) space for each spaces per court. fifteen(15) attendees. 19. Hospital, Sanitariums and Rest 14. Medical Doctor's Offices or Dental Homes. One (1) parking space for Clinics. One (1) parking space for each four (4) patient beds and one (1) each two hundred (200) square feet of parking space for each two (2) ern- ! floor area. ployees on the maximum working 15. Dwellings, Residential. Two (2) shift. parking spaces for each dwelling unit, 20. Hotels, Motels, and Bed and Break- a maximum of fifty (50) percent of the fast. One (1) parking space for each parking spaces required may be rep- room offered for accommodations. resented by garage spaces. Any restaurant, bar or assembly uses shall be calculated separately. 123 CHARIER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. 21. Industrial and Manufacturing Plants. ii. Without a drive-up window— One (1) parking space for each two one (1) parking space for every (2) employees on the maximum work- two (2.0) seats with a mini- ing shift. mum of at least ten(10) spaces. 22. Launderette or Laundries. One (1) c. Fast Casual Type. space for every two hundred (200) i. With a drive-up-window- one square feet of gross floor area. (1) parking space for every 23. Pool and Billiard Halls, Taverns, three (3.0) seats with a mini- Bars and Night Clubs. mum of at least ten(10) spaces. a. One (1) parking space for each fif- ii. Without a drive-up window - ty (50) square feet of floor area de- one (1) parking space for every voted to patron use within the es- two and one half (2.5) seats tablishment, or one (1) parking with a minimum of at least ten space for every three (3) persons (10) spaces. of maximum occupancy, as al d. Drive Up Only. Where there is on- lowed by the currently adopted ly a drive up and/or walk up Building Code, whichever is greater. [Ordinance 3442, 6/16/86] window and no seating provided either within or outside the estab- b. One (1) parking space for every lishment, there shall be a mini- one hundred fifty (150) square feet mum of five (5) spaces. of area devoted to patron use out- 25. Retail Stores, Supermarkets, Drug side the establishment. [Ordinance and Sundries Stores, Convenience 3442, 6/16/86] Stores and Gas Stations, and De- 24. Restaurants. [Ordinance 3102, 9/22/80] partment stores, etc. [Ordinance 3102, a. Standard Type. [Ordinance 3442, 9/22/80] 6/16/86] a. For stores under five thousand i. One (1) parking space for each (5,000) square feet, one (1) parking one hundred (100) square feet space for every two hundred (200) of floor area devoted to patron square feet of floor area with a use within the establishment, minimum of at least ten (10) spac- with a minimum of at least ten es. (10) spaces. b. For stores between five thousand ii. One (1) parking space for eve- (5,000) and fifty thousand (50,000) ry two hundred (200) square square feet, one (1) parking space feet of area devoted to patron for every two hundred fifty (250) use outside the establishment. square feet of floor area. b. Fast Food Type. c. For stores over fifty thousand (50,000) square feet, one (1) park- i. With a drive-up window—one ing space for every three hundred (1) parking space for every (300) square feet of floor area. two and one half (2.5) seats 26. Schools and Other Places of Educa- with a minimum of at least ten tional Instruction. (10) spaces. a. Elementary, junior high and oth- er places of under driving-age 124 CHAI'I ER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. students. One (1) parking space one (1) space for each two thousand for each person regularly em- (2,000) square feet of floor area. ployed on the premises. In addi- 32. Any Commercial Use not Otherwise tion, one (1) parking space for Specified. One (1) space for each each classroom. three hundred (300) square feet of b. High Schools. One (1) parking floor area. space for each person regularly 33. Public Facilities not specifically men- employed on the premises. In ad- tioned. The number of parking spac- dition one (1) parking space for es shall be determined by the City each six (6) students at maximum Council after recommendation of the occupancy. . Commission. c. Colleges, trade schools and other places of young adult learning. One (1) parking space for every GUIDELINES FOR OFF-STREET person regularly employed on the PARKING premises. In addition, one (1) Not a part of Zoning Ordinance 5079 parking space for each two (2) 90' PERIMETER and ISLAND PARKING students at maximum occupancy. ,lI111111I,II:iilIIfl1P d. Parking spaces required by a, b, and c above shall be included as part of the requirements for sports ,1.111111d�111 arenas, auditoriums, etc. • 27. Shelter or Mission. One (1) space for o 20 li"lIHI fi III 1 each two (2) employees on the maxi- c J mum shift, plus one (1) space for each five (5) occupants. IIUhiIiIuiiiHhi1i 28. Sports Arenas, Theaters, Auditori- nmesmAnu Not to Scale urns, Racetracks and Other Similar 90°PERIMETER AND ISLAND PARKING Places of Public Assembly. One (1) parking space for each four (4) per- PARKING SPACE REGULAR HANDICAP sons of maximum standing and seat- Stall Width A 9' 13' ing capacity. Stall Length B 18' 18' 29. Stables, Riding Academies and Driveway C 24' 24' Clubs, and Riding Arenas. One (1) Width space for each five (5) stalls and one (1) space for each four (4) persons of maximum seating capacity of perma- nent seating associated with an arena. 30. Warehouses. One (1) space for each two (2) persons regularly employed on the premises. 31. Wholesale Establishments. One (1) space for each two (2) persons regu- larly employed on the premises and 125 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. 60' PERIMETER and ISLAND PARKING 45'K3 60' HERRINGBONE PATTERN PARKING 4,01000, - i IIRINION I 'IlpiatM E 4. iI %Ala 6t' %i%%% 1I�akital V Tk� no.t+r'Vat i~ Ibt to Scale . Ibt to Scale , ' f•K2KfTV t,at Curb cut permission and driveway de- • sign subject to City Engineer's Department. 60'PERIMETER AND ISLAND PARKING Parking Standards are Guidelines and do not PARKING SPACE represent all possible layouts. REGULAR HANDICAP Stall Width A 9' 13' Stall Length B 18' 18' 45° &60°HERRING BONE PATTERN PARKING Curb C 10.5' 14' PARKING SPACE Length/Car REGULAR HANDICAP Stall Depth D 19' 19' Stall Width A 9' 13' Driveway E 19' 19' Stall Length B 18' 18' Width Curb 45° C 13' 17' Length/ 60° 10.5' 14' . 45' PERIMETER and ISLAND PARKING Car v4449 KSI `i ��'I Stall 45 Depth 60° D 7.5' 19' 17.5' 19' 1' 104e,�����,� E 19' • "'WV*" K511 Width t E Driveway Island Width F 32' 19' on I 11I1`S�Sh„J HANDICAPPED PARKING `+'` ` — "'i —"" REQUIREMENTS Not to Scale -- 1pyrc,iT vql Q Not a part of Zoning Ordinance 45°PERIMETER AND ISLAND PARKING PARKING SPACE REGULAR HANDICAP Stall Width A 9' 13' Stall Length B 18' 18' Curb C 13' 17' Length/Car Stall Depth D 17.5' 17.5' Driveway E 15' 15' Width Island F 32' Width 126 CHARIER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. Accessible Parking Spaces other street which the lot in question (Required Minimum) does not abut. Total Parking Accessible Spaces in Lot Spaces B. No gasoline filling station or public 1 to 25 1 garage shall be permitted where any 26 to 50 2 oil draining pit or fuel filling appli- 51 to 75 3 ance is located within twelve (12) feet 76 to 100 4 of any street line or within twenty-five tot to 150 5 (25) feet from any "R" District, except 151 to 200 6 where such appliance or pit is within 200 to 300 7 a building. 301 to 400 8 401 to 500 9 501 to 1.000 2• CHAPTER 26 1001 and over 20 OUTDOOR ADVERTISING 'Percent of total. P1ef��Pa`efor ea` 100 SIGNS AND BILLBOARDS SIGN a' MIN. 1 / / ,/ Lai j l[/ C1/1,iit11 [Ordinance 4724, 9/20/04] 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS. A. General Intent. s' 51 s e �s�e e' s ' e Signs are one of the most prominent visual elements of a street. If well de- Multiple Spaces Required ,, signed, they add interest and variety to building facades and attract customers. '7.," s On the other hand, signs more than any CURBTFI g other single feature can detract from even the most attractive storefront if erected 4o without care. It is the intent of the City of d• 1 e. 1 e• I Waterloo not to unduly restrict outdoor advertising signs. However, placement Two Spaces Required and construction of outdoor advertising 10-25-3 FILLING STATIONS,PUBLIC signs should be compatible with sur- GARAGES AND PARKING rounding land uses and preserve prop- LOTS. erty values of surrounding properties, A. No gasoline filling station or a com- should protect existing businesses which are adequately identified and advertised mercial customer or employee park from a proliferation of signs which reduce ing lot for twenty-five (25) or more the effectiveness of individual signs, motor vehicles or a parking garage or automobile repair shop, shall have an should not distract adjoining residences, and should not distract nor reduce sight entrance or exit for vehicles within distance for vehicular traffic. two hundred (200) feet along the same side of a street of any school, public For all of the foregoing reasons, we playground, church, hospital, public deem the following to be our purpose in library, or institution for dependents enacting this chapter: to ensure that signs or for children, except where such are designed, located, constructed, erect- property is in another block or on an- ed and maintained so as to preserve the 127 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. public safety of motorist and pedestrians 8. Billboards: "Billboard" as used in this and to preserve and promote the natural Ordinance shall include all structures beauty and character of the City in a regardless of the material used in the manner that will protect property values, construction of the same, that are create a more attractive economic and erected, maintained, or used for pub- business climate, promote and aid tour- lic display of posters, painted signs, ism which is declared to be of importance wall signs, whether the structure is to the economy of the City,protect pedes- placed on the wall or painted on the trians and motorists from damage or in- wall itself, pictures or other pictorial jury caused by improperly situated signs, reading matter which advertise a promote the public safety, welfare, con- business or attraction which is not car- venience and enjoyment of travel and the Tied on or manufactured in or upon free flow of traffic within the City of Wa- the premises upon which said signs or terloo billboards are located. B. Definitions. 9. Building elevation: the entire side of a 1. Abandoned sign: A sign structure that building, from ground level to the has ceased to be used, and the owner roofline, as viewed perpendicular to intends no longer to have used,for the the walls on that side of the building. display of sign copy, or as otherwise 10. Canopy: An overhead structure sup- defined by state law. ported by cantilevers from the build- 2. Animated sign: A sign employing ac- ing or extends from the building and tual motion or the illusion of motion. is supported by columns at additional points. 3. Awning: An architectural projection 11. Changeable sign: A sign with the ca- or shelter projecting from and sup- ported by the exterior wall of a build pability of content change by means of build- ing and composed of a covering of rig- id or remote input. id or non-rigid materials and/or fab- 12. Combination sign: A sign that is sup- ric on a supporting framework that ported partly by a pole and partly by may be either permanent or retract- a building structure. able, including such structures that 13. Copy: Those letters, numerals, fig- are internally illuminated by ures, symbols, logos and graphic ele- fluorescent or other light sources. ments comprising the content or mes- 4. Awning sign: A sign displayed on or sage of a sign, excluding numerals attached flat against the surface or identifying a street address only. surfaces of an awning. 14. Development Complex Sign: A free- 5. Back-lit Awning: An awning with a standing sign identifying a multiple- translucent covering material and a occupancy development, such as a source of illumination contained with- shopping center or planned industrial in its framework. park, which is controlled by a single 6. Banner: A flexible substrate on which owner or landlord. copy or graphics may be displayed. 15. Directional Sign: Any sign that is de- 7. Banner sign: A sign utilizing a banner signed and erected for the purpose of as its display surface providing direction and/ or orienta- tion for pedestrian or vehicular traffic. 128 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. 16. Double-Faced sign: A sign with two which it is located, or to products, ac- faces,back to back. commodations, services, or activities 17. Electric Sign: A sign activated or it on the premises. luminated by means of electrical en- 25. Off-Premise Sign: A sign other than ergy. an on-premise sign. Bus benches are 18. Electronic Message Sign or Center: signs, but are regulated by Section 7- An electrically activated changeable 2B-3 of the City of Waterloo Code of sign whose variable message capabil- Ordinance. ity can be electronically programmed. 26. Pole or Post Sign: A freestanding 19. Exterior Sign: Any sign placed out- sign principally supported by pole(s) side a building. or post(s) affixed to the ground and not supported by a building. 20. Flashing Sign: An "Animated Sign" that is electronically activated". 27. Political Sign: A temporary sign in- tended to advance a political state- 21. Illuminated Sign: A sign character- ment,cause or candidate for office. ized by the use of artificial light, either projecting through its surface(s) (in- 28. Portable Sign: Any sign not perma ternally illuminated); or reflecting off nently attached to the ground or to its surface(s) (externally illuminated). the building(see Temporary Sign). 22. Monument Sign: A freestanding sign, 29. Projecting Sign: A sign attached to such as a stone or sculpture or other the building that projects from the monument used for advertising with building (usually perpendicular to the good design standards and aesthetics building). that typically exceed that of a pole 30. Real Estate Sign: A temporary sign sign. The base of posts(s), if used, advertising the sale, lease, or rental of shall be at least 3/4 the width of the the property or premises upon which overall sign and be fully enclosed, ex- it is located. cept that post signs less than six (6) feet in height and forty (40) sq.ft. in 31. Revolving Sign: A sign that revolves area shall not be required to be en- 360 degrees about an axis. closed and shall be considered mon- 32. Roof Line: The top edge of a peaked ument signs. On corner lots, no mon- roof. ument sign shall be erected within the 33. Roof Sign: A sign mounted on, and triangular area formed by the intersec- supported by, the main roof portion of tion of the lot lines and a line connect- a building. ing two (2) points each located ten(10) feet from the intersection of the lot 34. Sign: Any structure or device de- lines of the corner of the lot located at signed or intended to convey informa- the intersection, unless the monument lion to the public in written or picto- sign does not exceed two and one-half rial form for the purpose of bringing (21/2) feet above the grade. the subject thereof to the attention of the public. Flags displayed from flag- 23. Multiple faced Sign: A sign contain- poles or staffs will not be considered ing three or more faces. to be signs. 24. On-Premise Sign: A sign relating in 35. Temporary Sign: A sign intended to its subject matter to the premises on display either commercial or non- 129 CHAI'I ER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. commercial messages of a transitory d. "For Sale" and "Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not perma- signage shall be removed when nently affixed to a building or sign the sale is completed;and structure that is permanently embed- e. Political signs on private property ded in the ground, are considered in compliance with the Code of temporary signs. Iowa. 36. Wall Sign: A sign that is in any man- 2. Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, 37. Window Sign: A sign affixed to or and subdivision signs as provided painted on the surface of a window in this Section; and with its message intended to be visible b. Signs which resemble traffic con- to and readable from the public way trol signs or devices. or from adjacent property. c. With respect to the premises of C. Regulation of All Signs. any establishment that is a limited alcohol sales use and is not located The regulations contained in this in the "C-3" District, any sign that chapter shall apply to and regulate signs includes any verbiage that makes in all Districts except the "H-C" Highway use of the words "alcohol," Corridor Overlay Districts. No sign shall "beer," "wine," "liquor," or any be located, erected, or maintained except variant or synonym of any such in compliance with these regulations. All word, or any type of such bever- signs shall be considered as accessory us- age, or that indicates or suggest es to a Principal Permitted Use, except for that such beverages may be pur- off-premise advertising signs and bill- chased in or upon the premises. boards. All signs may be erected up to the property line, unless otherwise speci- 3. Off-Premise Advertising Signs and fled in this Ordinance. Such signs shall Billboards: obtain a building permit and zoning ap- Off-Premise Advertising is a tradi- proval prior to construction. tional and legitimate advertising me- 1. Exemptions: The regulations con- dium involving the lawful use of pri- tained in this Section shall not apply vate property. to: Off-Premise Advertising should be a. Traffic control signs or devices; regulated to provide for safe struc tures to be properly located so as to b. Signs located within buildings, ex- meet uniform standards for construc- cluding Home Occupations, or lion and maintenance and to be main- within public sports complexes or tained to conform to a neat and pleas- facilities; ant community appearance. c. Official signs of a non-commercial In all districts where permitted (C-2, nature erected by public utility C-3, M-1, and M-2, excluding corridor companies; overlay districts),billboards shall have 130 CHARIER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. a prime message area not to exceed state law or local ordinance, or the 300 square feet. Billboards may exceed property boundaries of any structure 300 square feet for unique site charac- listed on the National Register of His- teristics including, but not limited to, toric Places. In addition, vertical setbacks, surrounding land uses and stacking of separate sign panels on a structures, spaciousness and visibility. billboard structure shall be prohibited. Such a request over the 300 square On corner lots, no billboard shall be foot limit must follow the procedure erected within the triangular area by applying for a Special Permit from formed by the intersection of the lot the Board of Adjustment. In no case lines and a line connecting two (2) shall the Board of Adjustment grant a points each located 100 feet from the Special Permit that exceeds 672 sq. ft., intersection of the lot lines of the cor- and an embellishment, trim and skirt- ner of the lot located at the intersec- ing area not to exceed an additional lion. [Ordinance 3050, 10/1/79] [Ordi- 150 sq. ft. The maximum allowable nance 4521, 10/22/01] [Ordinance 4724, height as measured from natural 9/20/04] grade at the base of the sign to the top 4. All Districts: of the structure is 48 feet with the minimum height being 10 feet from a. Home Occupations shall be al- natural grade at the base of the sign to lowed one (1) nameplate display- the bottom of the structure. The struc- ing the name of occupant or occu- tures shall be a monopole steel design, pation, not exceeding two (2) with the paint and sign material main- square feet in area, non- tained in a new condition. All bill- illuminated, attached flat to the board sign structures, including the main structure or visible through a outermost edge of the sign panel, window. must be setback from the immediate b. Directional Signs shall be allowed abutting street right-of-way line or property line equal to the setback of as necessary, excluding home oc- cupations, to facilitate the orderly the underlying Zoning District. Bill- flow of traffic with a maximum ar- board structures shall not be permit- ea of six (6) square feet each. A ted within 1000 feet of another bill- logo or business name is permit- board structure measured in either di- ted on the directional signs, but rection along both sides of the street shall not exceed two (2) square which adjoins the billboard structure, feet. These signs are for direc- measured from the base of structure tional, not advertising purposes. to the base of structure in a straight The directional signs shall not be line regardless of grade. Furthermore, included in the calculation of the no billboard structure shall be permit- allowable square footage or ted closer than 200 feet from a resi- location of other signage. dential Zoning District or from the property boundaries of any property c. Abandoned Signs- When a busi- which has a principal residential use ness ceases operation the on- located thereon, nor closer than 200 premise signage shall be removed feet from the property boundaries of a by the owner according to the fol- public park, church, school cemetery, lowing schedule: hospital, the property boundaries of any historic district established by 131 CHAPI ER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. Sign and/or sign cabinet—within development or strip malls with the 30 days. Supporting structure— land under diverse ownership that within 180 days share common parking, access, or When off-premise advertising is structures shall be allowed one bare or in disrepair for a period of freestanding sign per use or unit if 90 days it shall be removed. If it is the following conditions are met: bare or in disrepair for a period of i. The additional freestanding 180 days the structure shall be re- signs(s) shall not be located moved. closer than one hundred fifty d. Maintenance- All signs together (150) feet to any other free standing sign within the over- with all of their supports, braces, all development. guys, and anchors, shall be kept in repair and in proper state of pres- ii. For developments with indi- ervation and working order. The vidual uses or units under ten display surfaces of all signs shall thousand (10,000) square feet, be kept painted or posted at all the maximum combined area times. for all freestanding signs on The City Planner or designee may the overall site shall not exceed order the removal of any sign that the maximum allowed area for is not maintained in accordance a single freestanding sign in with this Section after sixty (60) that zone. For developments days from receipt of notice by with all individual uses or owner of said sign. units over ten thousand (10,000) square feet, the maxi- e. Non-Conforming Signs- If a sign mum combined area for all is enlarged or relocated, it must freestanding signs on the indi- comply with the code. If it is re- vidual use or unit site shall not paired or changed in any other exceed the maximum allowed way and the costs to do this ex- area for a single freestanding ceed 35% of replacing the sign, it sign in that zone. must be replaced and all code re iii. A sign plan showing the quirements must be followed. square footage of signage for Historic signs or signs with his- torical significance in the "C-3" each parcel shall be submitted District as determined by the Main by the developer and/or land- Street Waterloo Design Review owners for the entire site prior Board may be allowed to continue to a sign permit being issued. after review and recommendation [Ordinance 4774, 06/06/05] [Or of the Main Street Waterloo De- dinance 4841, 10/16/06] sign Review Board to the Board of g. Menu Signs - For properties in a Adjustment. "C" or "M" District, single-sided menu signs shall be allowed with f. Strip development or strip malls no advertisement on the back of with the land under common the sign. Each sign shall have a ownership that share common parking, access, or structures shall maximum area of sixty (60) square be treated as a single property for feet and shall not include aspeak- er if facing an abutting residential the purposes of this Section. Strip 132 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "5-F"SHALLOW FLOODING(OVERLAY)DISTRICT. district or residential use unless j. Banner, Portable and Temporary the speaker is at least one hundred Signs - The use of exterior banner, (100) feet from the property line of portable and or temporary type an abutting residential district or signage shall be allowed on a residential use. The menu signs temporary basis not to exceed six- shall shall not be included in the calcu- ty (60) cumulative days within one lation of the allowable square calendar year. Portable and tern- footage or location of other sign- porary signs in the "C-3" District age. are prohibited, except banner h. Bulletin Board - For all districts signs, which are allowed on a except the "A-1" District, bulletin temporary basis not to exceed six boards or signs with total area of ty (60) cumulative days within one signs not exceeding sixty-four (64) calendar year, and except sand- square feet in area on private wich board type signs approved property pertaining to construc by the Main Street Design Review tion, lease, hire or sale of building Board or other applicable author or premises and sale of land or ity. A calendar year shall be de lots, which board or sign shall be fined as being from January 1 - removed within thirty (30) days of December 31. Said signage shall premises being leased, hired, sold be on private property and shall advertise a product, service, or or construction completed. event that can legally occur on the i. Subdivision or Development Signs property. - Monument signs are permitted not exceeding fifty (50) square feet k. How Measured - The area of all each and six (6) feet in height, signs shall be calculated by meas- identifying a subdivision, neigh- uring the entire sign cabinet or borhood, or office/industrial park, box,except that for wall signs with on private property adjacent to en- individually mounted letters, the tryways to such developments, area of the letters shall be meas- subject to the requirements for ured in calculating the sign area. monument signs described at 10- 5. "A-1" Agricultural District: 26 1(B)(22). Said sign may also be a. Bulletin boards and signs not ex- permitted within public street ceeding sixty-four (64) square feet right-of-way subject to the ap each in area pertaining to the proval of an encroachment agree- lease, hire, or sale of a building or ment by the City Council upon the premises, or signs not exceeding recommendation of the City Engi- sixty-four (64) square feet each in neer. Appropriate areas within a area pertaining to any material public street right-of-way could that is mined, grown or treated include the grass median of a within the district or advertising a boulevard or between the road product, service, or event that can line and the right-of-way line, if legally occur on the property, pro- excess right-of-way is present and vided such signs shall be located the location of the proposed sign on private property and shall not will not materially impede vision contain flashing or moving lights. or conflict with present or future Total area of all signage shall not anticipated utilities. 133 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. exceed three hundred (300) square line, except in accordance with the feet. provisions of the currently adopt- 6. "R-R", "R-1" and "R-2" Residential ed building code, or extend more than six (6) feet over any setback Districts: line whether fixed to the building a. Signs for any use listed as a Spe- or any other structure. In no case cial Permit provided that the sign shall arty wall sign project more regulations for the "R-3" and "R- than four (4) feet above the roof- 4" Residential Districts are met. line and the total area of all wall b. Day cares are allowed in the dis- signs shall not exceed two (2) trict but no signs pertaining to day square feet in area for every linear cares are allowed. foot of wall displaying such sign. Where the lot adjoins a residential 7. "R-3" and"R-4" Residential Districts use, the exterior sign shall be at- a. Signs permitted in the "R-1" and tached flat against the building "R-2" Residential Districts. and shall not face the side of the abutting residential use. However b. Wall signs on no more than two this does not apply to the side of walls or monument signs not ex- the building which is opposite that ceeding twelve (12) feet in height side adjoining the residential use. with total area of all signage not to exceed 1 square foot for each 5' of b. One freestanding post, pole, or street frontage with a maximum of monument sign, provided, how- sixty four (64) square feet on any ever, that said freestanding sign one side thereof of total monu- shall not exceed forty-five (45) feet ment signs and not more than two in height and shall not have a sur- (2) sides shall be used for advertis- face area of greater than eighty ing purposes when accessory and (80) square feet on any one side customarily incidental to a princi thereof and not more than two (2) ple permitted use on the property sides shall be used for advertising excluding one and two-family res- purposes. For post or pole signs, idences. Signs in the "R-3" and the bottom of said sign or surface "R-4" Residential Districts shall area thereof shall not be less than not be self-illuminated unless con- ten (10) feet above the sidewalk or structed with an opaque back- above the surface of the ground ground and translucent lettering, upon which it is erected when and shall not contain moving or within any triangular area as de- flashing parts. Wall signs shall be scribed at 10-26-1(B)(22). Said mounted flat against the building. freestanding sign shall not extend Monument signs shall not extend over street right-of-way lines nor over any street or property line. otherwise obstruct or impair the safety of pedestrians or motorists. 8. "C-1" Commercial District 9. "C-2" Commercial District [Ordinance a. Any exterior wall sign shall per- 4273, 1/12/98] tain only to a use conducted with- in the building and be integral or a. One (1) freestanding post, pole, or attached thereto. No sign may monument sign shall be allowed project over any street or property per property as long as the follow- ing conditions can be met: 134 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. i. Shall not extend over street feet from any other post, pole, right-of-way or property lines or monument sign on the same nor otherwise obstruct or im- site and the maximum square pair the safety of pedestrians footage per site is not ex- or motorists. ceeded, and provided no more ii. For post or pole signs, the bot than two (2) sides of building torn of said sign or surface ar shall have wall signs. ea thereof shall not be less b. Wall signs shall not exceed 15% of than ten (10) feet above the the wall area; in no case shall the sidewalk or above the surface wall signs exceed 15% of the first of the ground upon which it is 15 vertical feet of the wall area. erected when within any tri- The length of the wall sign shall angular area as described at not exceed 2/3 of the building 10-26-1(B)(22). Maximum wall length. No sign may project height of any freestanding sign over any street or property line, shall not exceed forty-eight except in accordance with the pro- (48) feet. visions of the building code, or ex- iii. Shall not exceed two (2) square tend more than six (6) feet over feet for every one (1) linear any setback line whether fixed to foot of street frontage. A min- the building or any other struc imam of eighty (80) square tare. For the purpose of this Sec- feet shall be allowed regard- lion, signs painted on awnings less of street frontage. and signs mounted on mansards shall be considered as wall signs. iv. Maximum total square feet of c. Roof signs, provided such sign freestanding signage shall be three hundred (300) square shall not project more than sixteen feet on any one side. More (16) feet above the roofline. Roof than two (2) sides may have signs shall be counted toward the advertising,however total area total square footage allowed for the wall that the roof sign faces. If of signage on all sides shall not exceed six hundred (600) a roof sign faces a wall without a wall sign it shall be counted as one square feet. For "C-2" and less restrictive Districts in which of the sides allowed to have wall the contiguous area is more signs. than ten (10) acres in area and 10. "C-3" Central Business District (Ordi- is more than four hundred Hance 3987, 11/22/93] (400) feet from a "R" District a. Billboards shall not be allowed in the maximum total area of the "C-3" zoning district. Bill- freestanding signage shall be boards in existence within the five hundred (500) square feet, "C-3" zoning district at the time of one thousand (1,000) square enactment of this Section shall be feet on all sides. permitted to remain as permitted v. Additional post, pole, or mon- uses in the underlying Zoning Dis- ument sign(s) may be allowed trict. Existing billboards may be as long as they are no closer maintained, repaired, recon- than one hundred fifty (150) structed, or replaced in the same 135 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISI I<ICT. location to the same size of sign or more than one half the dis- and height of pole as the existing tance to the curb, whichever is billboard. In the event an existing less, and they may not project billboard is removed it may be re- into a public alley or public placed within the "C-3" zoning parking lot. A sign may not district only after review and ap- project over the roadway. Pro- proval of the Main Street Waterloo jecting signs must be a mini- Design Review Board as long as it mum of eight(8)feet above the does not increase the number of ground and must be no larger existing billboards (5) and faces (9) in size than 1.5 square feet for within said district. In the event each linear foot of the side of this code should conflict with the the building to which the sign "H-C" Highway Overlay District, is attached not to exceed fifty the more restrictive code shall ap- (50) square feet per face up to ply. a maximum of one hundred b. Signs painted directly onto a (100) square feet in size on all building are prohibited. Murals sides (see attached Exhibit'B'). for the purpose of this code are al- ii. Corner projecting signs are lowed after review and approval those that are visible from two of the Main Street Waterloo De- (2) or more intersecting streets sign Review Board, although they and shall be allowed as regu- are not considered to be signs, but lated above. The use of corner rather are intended to serve an ar- projecting signs shall preclude tistic function rather than an ad- the use of any other projecting vertising function. sign on the two (2) sides that c. Portable and temporary signs (ex- the corner projecting signs arecept banner signs) are prohibited, visible from (see attached Ex- except banner signs as provided hibit C). herein, and except sandwich iri. Internally lighted sign cabinets board type signs shall be allowed with translucent faces may be for said signs which are taken in allowed only after review and and out at the beginning and end approval of the Main Street of business hours, which signs are Design Review Board or other approved by the Main Street De- applicable authority. Project- sign Review Board or other appli- ing signs constructed with cable authority. Said signs may be noncombustible brackets and placed in the right-of-way, as long support material shall be al- as applicable ADA requirements lowed to utilize wood for the are met and reviewed by the sign faces as long as there is a Building Official and City Engi- physical separation between neer. said sign material and the d. Projecting signs are permitted as structure or building upon long as the following conditions which it is attached. can be met: iv. Canopy/awnings- shall be i. Shall not project over public considered to be part of the property beyond five (5) feet structure and are allowed to be internally illuminated. Letter- 136 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. ing, logos or other visible ad- Additional decorative ele- vertising shall be considered ments (i.e. corner scrolls, ac- signage and the rectangular cent lines etc.) are allowed and area surrounding it shall be may be lighted. The total area calculated and included in the of all non-lighted and lighted percentage of allowable square copy and logos may not ex- footage for wall signage for the ceed 60% of face area. building. f. Roof Signs -Roof signs shall be al- e. One (1) freestanding post, pole, or lowed on multi-story (five or more monument sign shall be allowed stories) buildings as long as they per property as long as the follow- identify only the building. No ing conditions can be met: roof sign shall project more than i. Shall not extend over street 16 feet above the roofline. Further regulations contained herein are right-of-way or property lines nor otherwise obstruct or im- applicable. pair the safety of pedestrians g. Wall/Window Signs- External il- or motorists. lumination must be provided by a ii. Maximum height of sign shall continuous light source that is in- be eighteen (18) feet as meas stalled to prevent direct light from ured from grade to top of sign. shining onto the street or adjacent The bottom of said sign or sur- properties. Flashing or moving face area thereof shall not be lights are not permitted. The light less than ten (10) feet above source may be incandescent or the sidewalk or above the sur fluorescent but should emit white face of the ground upon which light. Spot, track, overhang or it is erected when within any wall lamps are all acceptable light triangular area as described at sources. Avoid high intensity 10-26-1(B)(22). light sources as they often produce excessive glare. Internally lighted iii. Maximum total square feet of sign cabinets with translucent fac- signage shall be eighty (80) es may be allowed only after re- with no side being greater view and approval of the Main than forty (40) square feet. Street Waterloo Design Review iv. Additional freestanding Board. Individually formed letters sign(s) may be allowed to be of aluminum or non-transparent located at least 150 feet from material with translucent faces af- another pole sign on the same fixed to a building shall be al- property under common own- lowed. (The code does recognize ership in the same block. that well designed neon signs can be attractive and compatible with v. The use of backlit plastic faces certain storefronts). Wall signs with opaque background areas shall not exceed 1.5 square feet in and translucent lettering is area for each linear foot of the side permitted. of the building to which the signs vi. Aluminum faces with routed are attached. The length of all individual letters backed up wall signs shall not exceed 2/3 of with Plexiglas are permitted. the building wall length to which 137 CHAFFER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. the signs are attached. Further EXHIBIT'B' regulations contained herein are applicable. (see attached Exhibit 'A') EXHIBIT'A' MOP Ntl:h Sign Sign I_ Width 1/2 Curb Distance or E 5'Maximum DO m Bulcir9 Watt 4 WALL SIGNS curb Distance Wall signs shall not exceed 1.5 square feet in / 'r area for each linear foot of the side of the build- ing to which the signs are attached.The length PROJECTING SIGNS of all wall signs shall not exceed 2/3 of the Width x Height must be less than or equal to 1.5 building wall length to which the signs are at- square feet for each linear feet of the side of the tached. building to which the sign is attached to not to exceed 50 square feet per face up to a maximum of 100 square feet in size. EXHIBIT'C' 5'Nax 0#0.I i Sign ■❑ LII 19S 4 CORNER PROJECTING SIGNS Width x Height must be less than or equal to 1.5 square feet for each linear feet of the side of the building to which the sign is attached to not to exceed 50 square feet per face up to a maximum 138 CHAYI 6R 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P1 of 100 square feet in size. a. In"C-P" Districts, those areas des- ignated on the approved site plan 11. "S-1" Shopping District as residential or professional office a. Signs permitted in the "C-2" shall be permitted signs as permit- Commercial District and as limited ted in the "R-3" and "R-4" Resi- by "S-1" District Regulations, pro- dential Districts. Those areas des- vided, however, the Council may ignated on the approved site plan consider any additional restric- as commercial shall be permitted tions proposed by the owner. The signs as peiuutted in the "C-2" requirements of the "C-2" District Commercial Districts. shall be considered minimum for 17. "B-P" Business Park District: the "S-1" District; however, it is expected that these minimums a. Signs permitted in "C-2" Con-t- will be exceeded in all but excep- mercial District. tional situations. Due to the high density of commercial develop- CHAPTER 27 ment in this area, multiple post, SPECIAL PROVISIONS, pole, or monument signs on a EXCEPTIONS AND property shall be considered a ma- jor change. MODIFICATIONS 12. "M-1" Light Industrial District 10-27-1 SPECIAL PROVISIONS, a. Signs permitted in "C-2" Com- EXCEPTIONS AND mercial District. MODIFICATIONS. 13. "M-2" Heavy Industrial District The regulations specified in this Ordi- nance shall be subject to the following excep- a. Signs permitted in "C-2" Corn- tions and interpretations: mercial District. 14. "M-2,P" Planned Industrial District A. Use of Existing Lots of Record. a. Signs permitted in "C-2" Corn In any district where dwellings are per- mercial District, except that post mitted, a single family dwelling may be lo- or pole type signs shall be prohib cated on any lot or plot of official record ited. existing as of the adoption of Ordinance 2479, adopted 02/03/69, irrespective of its area or 15. "R-P" Planned Residential Districts width, provided that all other yard a. In"R-P" Districts, those areas des- requirements are met; and in addition, any two-family dwelling may be located on any ignated on the approved site plan as residential or professional office lot or plot of official record existing as of the date of adoption of said Ordinance in any shall be permitted signs as permit- ted in the "R-3" and "R-4" Resi- district where dwellings are permitted that dential Districts. Those areas des has a lot width of not less than sixty (60) feet ignated on the approved site plan and provided that all other yard as commercial shall be permitted regilirei tsiaui metheexcsig that: widths of signs as permitted in the "C-1" any such lot or plot shall not be less Commercial Districts. than ten (10) feet, but in no case less 16. "C-P" Planned Commercial District than five (5) feet, for any one side yard. 139 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI 2. The depth of the rear yard of any such feet each are provided, but they shall lot need not exceed twenty (20) per- not exceed three(3) stories in height. cent of the depth of the lot, but in no 4. All radio and television towers and case less than ten(10)feet. transmitting facilities [Ordinance 3211, 3. In the case of a lot of record where the 5/24/82] shall conform to Section 10- above requirements are greater than 27-1(H)(15) except as provided below those of the district in which it is lo- and shall conform to all applicable cated the lesser requirement shall ap- Federal, State and local codes and or- ply. dinances. B. Structures Permitted Above Height a. Commercial radio and television Limit. transmitting facilities and towers shall be permitted in any districts, The building height limitations of this Para- Ordinance shall be modified as follows: subject the provisions of graph 4(c)and 4(d)below. 1. Chimneys, cooling towers, elevator b. Amateur radio and citizen radio bulk-heads, fire towers, monuments, service stations which are only ac- penthouses, stacks, stage towers or cessory to the established primary scenery lofts, tanks, water towers, or- use shall be permitted in all dis- namental towers, and spires, or neces- tricts, subject to the provisions of sary mechanical appurtenances may paragraph 4(c) and 4(d) below. be erected to a height in accordance Such stations must be duly li- with existing or hereafter adopted or- censed radio and television trans- dinances of the City of Waterloo. [Or- miffing and receiving stations of dinance 3211,5/24/82] the amateur radio service and citi- 2. Public, semi-public or public service zens radio service. buildings, hospitals, sanitariums, or c. Radio and Television Transmitting schools, when permitted in a district, and Receiving Antennae and An- may be erected to a height not exceed- tenna Structures. Radio and tele- ing sixty (60) feet, and religious facili- vision transmitting and receiving ties, when permitted in a district, may antennae and antenna structures be erected to a height not exceeding attached to a building shall not ex- seventy-five (75) feet, if any such ceed twenty-five (25) feet above building is set back from each prop- the established roof line. These erty line in addition to the setback re- structures shall include roof quired in the district in which the mounted, chimney mounted and building is located at least one (1) foot ground established structures for each foot of additional building bracketed or guyed to primary or height above the height limit other- accessory structures that are not wise provided in the district in which antenna structures. [Ordinance the building is built. 4040, 9/19/94] 3. Single family dwellings and two fain- Radio and television transmitting ily dwellings in the dwelling districts and receiving antennae and an- may be increased in height by not tenna structures not attached to a more than ten (10) feet when two (2) building shall not exceed sixty (60) side yards of not less than fifteen (15) feet in height in any"R-1" or"R-2" One and Two Family Residence 140 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI Districts and eighty (80) feet in ii. The applicant shall submit to any "R-3" or "R-4" Multiple Fam- the Board feasibility studies ily Districts. In all other districts and valid engineering data. there is no maximum height. iii. Such antennae or antenna proposed tower may be approved by the City Planner or designee of structures shall conform to all ter receiving consent from prop- other applicable Federal, State erty owners within the limits of and local codes and ordi- the tower's maximum horizontal nances. fall. If at least one (1) objection is C. Area Requirements. received, the proposed tower may only be approved by Special Per- In any district where there is neither a mit of the Board of Adjustment af- public water supply or a private water supply ter a public hearing. Amateur ra- serving three (3) or more lots, nor public sani- dio antennas may be approved by tary sewers or a private sanitary sewage the City Planner or designee when treatment system serving three (3) or more extending a maximum of ten (10) lots that is accessible,the lot area requirement feet above the surrounding build- shall be: ings in any district. [Ordinance Lot area- one and one-half (1.5) acres, 4040, 9/19/94] Otherwise, amateur however, where connected to a public wa- radio antennas may only be ap- ter supply or a private water system sere- proved by Special Permit of the ing three (3) or more lots, this require- Board of Adjustment after a public ment shall be thirty thousand (30,000) hearing. square feet. All other yard requirements Antennae and antenna structures of the district in which such lots exist shall shall meet the yard requirements apply. of the primary use in the district. D. Double Frontage Lots. (This does not allow guy wires and anchors to be located in front Buildings on through lots and extending yard.) through from street to street shall provide the required front yard on both streets. Triple d. Antennae- Antennae and antenna frontage lots shall provide the required front structures exceeding the height yard on both narrow dimension street front- specified in Section 4c above shall age streets. This shall not prohibit the erec- be permitted in all "R" Districts, lion of a fence taller than four (4) feet or ac- provided a Variance is granted by cessory structures in a rear yard unless a the Board of Adjustment. dwelling on an abutting lot is addressed or The following requirements will faces the opposite street. [Ordinance 4841, have to be met before considera- 10/16/06] lion to the request will be given: E. Rear and Side Yards—How Com- i. Such antennae and antenna puted. structures shall meet the yard In computing the depth of a rear yard or requirements of the primary the width of a side yard where the rear or use in the district. (This does side yard opens on alley, one-half(1/2) of the not allow guy wires and art- alley width may be included as a portion of chors to be located in front the rear or side yard as the case may be. yard.) 141 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI F. Other Exceptions to Yard Require- tricts, signs, overhangs, and marquees at- ments. tached to a building may extend over street right-of-way lines provided the erection of Every part of a required yard shall be open to the sky unobstructed with any build- such signs, overhangs, and marquees are con- ing or structure, except for permitted acces- sory structures in a rear or side yard, and ex- the building code. cept for the ordinary projections of skylights, G. Existing Unenclosed Porch, New sills, belt courses, cornices, building over- Deck or Unenclosed Porch. hangs at least four (4) feet above ground and ornamental features any of which projecting 1. An existing unenclosed porch on the not to exceed twenty-four (24) inches from front of a dwelling built prior to adop- accessory structures and not to exceed thirty- lion of Ordinance 2479, adopted six (36) inches from principal structures, and 02/03/69, may be re-modeled or re except the usual projection of steps or stoops built to an enclosure when projecting with a landing abutting an entrance with said no farther than the original open landing not to exceed five (5) feet by five (5) porch. [Ordinance 4656, 11/10/03] [Or- feet. Landings not abutting an entrance or dinance 4855, 2/19/07] exceeding five (5) feet by five (5) feet shall 2. A new deck or unenclosed porch ad- meet the setback requirements for a deck. dition to a dwelling may be built eight Also except ramps for handicap accessibility, (8) feet or one fourth (1/4) the dis- provided that such ramps provide as large of tance (whichever is greater) into the setback as possible while still meeting the required front or rear yard setback. minimum standards of the Americans with This shall only include the required Disabilities Act (ADA) including allowing setback as stated in the Bulk Regula- landings for said ramp not abutting an en- lions Section of the District in which trance or exceeding five (5) feet by five (5) located, and shall not include the av- feet. [Ordinance 4841, 10/16/06] erage setback required by the Front Residential fences or landscape features Yard Section of Chapter 5, General such as sculptures or walls may be erected or Regulations. Existing dwellings with constructed on property lines provided no a front or rear yard setback that is less such fence in any front yard exceeds four (4) than the minimum required shall cal- feet in height and eight (8) feet in height in culate one fourth (1/4) the distance of the case of side or rear yards. the existing setback, however this shall not prohibit the erection of an Overhanging balconies may project over eight (8) foot deck or unenclosed public property in accordance with the provi- porch. This will not be interpreted in sions of the building code, but may not pro- any way to authorize any addition ject more than five (5) feet or one half the dis- over a platted building line, easement, tance to the curb, whichever is less, and shall property line or road right-of-way not project into a public alley, a public park- line. This provision shall not allow a ing lot, or over the roadway. Overhanging deck or unenclosed porch addition balconies, including support structures, shall within a required side yard setback, be a minimum of eight (8) feet above the except a required side yard along a ground and shall have all support structures street frontage on a corner lot. Said connected to the building and not onto public addition is defined as a non-enclosed property unless approved by the City Council structure and, for decks in the front by encroachment agreement. [Ordinance 4841, yard, with a non-solid side wall,if arty 10/16/06] In "C-2" and less restrictive Dis- 142 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P1 at all, which cannot be enclosed in the 6. Community building, institutional or future as an addition to the home. community recreation center or field, Non-solid wall shall mean a wall or commercial baseball fields, swimming fence utilizing a spindle or board de- pools, skating rinks, golf course or sign with openings between boards country clubs, miniature/goofy golf that are at least the width of the and driving ranges, race tracks or ac- boards. For porches in the front or tivity areas for automobiles, motorcy- rear, or decks in the rear, a solid wall des, mini-bikes, snowmobiles, ATV's, may be used if it does not exceed for- or similar uses, or similar public or ty-two (42) inches in height above the private open air recreational uses and floor of the deck or porch. [Ordinance facilities, excluding public or private 4386, 10/18/99] [Ordinance 4656, parks or pedestrian recreational trails 11/10/03] and accessory uses and structures cus- tomarily incidental to a park or pedes- H. Special Permit Required. trian recreational trail. A Special Permit for the location of any of 7. Public or private cemetery. (Minimum the following buildings or uses in any district thirty(30) acres) permitted by this Ordinance must be ob- tained from the Board of Adjustment [Ordi- 8. Recycling, Junk or Salvage Yards as nance 3614, 1/9/89] after public hearing there- defined in this Ordinance provided on: that they are within the following zon- ing classifications: "M-1" Light Indus- t. Any public building or use erected or trial District, "M-2" Heavy Industrial maintained by any department of the , township,county, District or "M-2,P" Planned Industrial cit y, state or federal District and meet the following mini- government, excluding parks or rec mum requirements: reational trails and accessory uses and structures customarily incidental to a a. The yard shall be completely sur- park or recreational trail. rounded with a fence or wall that is eight (8) feet in uniform height 2. Public and parochial schools and oth- and color. The fence shall be of an er educational institutions having an opaque material and kept free of established current curriculum similar any openings such as broken out to that ordinarily given in Waterloo areas and torn holes. Chain link public schools, and colleges, universi- or heavy wire gates may be used ties, or institutions of higher educa- for see through inspection pur- tion. poses for no more than forty (40) 3. Hospitals, excluding animal hospitals, feet along each side of the yard and clinics, excluding clinics in the"R- having street frontage and at ap- 4" Multiple Residence District or less proved points of access to a public restrictive district. street or alley. Chain link or heavy 4. Group Homes (Unless located in a "C wire fencing that is free from torn 1" or less restrictive district). [Ordi- areas or openings may be placed nance 4554, 6/3/02] along sides of the yard adjoining a flood control levee or other such 5. Halfway (Rehabilitation) Houses. [Or- barrier which would permanently dinance 4554, 6/3/02] screen the yard from public view. 143 CHAPI ER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI b. No off-premise advertising shall h. New yards established after the be on any wall or fence. The name adoption of these provisions shall of the yard and other services of- place the required solid wall or fered by the yard, if placed on the fence no closer to any street lot wall or fence, shall occupy no line than the minimum front yard more than ten (10) percent of the required in the District in which it wall or fence. is located. Within this setback c. The posts, rails or other support- there shall be at least four (4) Z ing elements of the fence shall face inch caliper understory trees with- the inside of the yard and not be in every 100 feet or part thereof that are maintained in a healthy visible from outside the yard. condition. This does not pertain d. Vehicle bodies stacked higher than to expansions of existing yards the wall or fence shall be no higher within the same block and on the than two (2) car bodies above the same street as the existing yard. wall or fence when stacked at least All areas devoted to customer fifteen (15) feet from the wall or and/or employee parking located fence. Car bodies stacked no outside of the fence or wall area higher than the fence need not be must be hard surfaced and on pri- 15 feet from the fence. All other vate property in accordance with stacked salvage material shall not the off-street parking Section of be stacked higher than the allow- the Zoning Ordinance. [Ordinance able building height for the Dis- 3104, 10/6/80] [Ordinance 3233, trict. The Board of Adjustment 8/2/82] [Ordinance 3323, 2/6/84] shall have the power to grant an [Ordinance 3614, 1/9/89] [Ordinance exception to these stacking 3864, 6/1/92] provisions so long as said 9. Waste Disposal Site [Ordinance 3263, exception is in accordance with 3/7/83]. Any such request shall in- the purpose and intent of the dude the submittal of a site plan. The e. AIr wgr/Prpeiornied shall be car- Commission may require any specific ried on within the fenced area or criteria to protect the health, safety within an enclosed building or and welfare of the citizens of Waterloo structure approved as a part of the and vicinity, including, but not lim- salvage operation. ited to the following items: f. Contaminating fluids, such as Detailed site plan delineating slope, gasoline, oil and grease, are pro- access, fencing, provisions for erosion hibited from being discharged on- (wind and water), leaching, landscap- to the ground. ing, setbacks and other required gro- g. No salvage materials shall be visions. placed in the Floodway District. Performance Bond to secure the reha- Materials in the Floodway Fringe bilitation of the site in accordance District (100 year flood district) with the approved plan. shall be in accordance with the Statement as to what types of wastes performance standards of that will be contained in the site. District. Review by the Iowa Department of Natural Resources [Ordinance 3614 144 CHAP.'ER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI 1/9/89], advising the City of the poten- bu a tial hazards and necessary safeguards. area of an alcohol sales use to the 10. Mobile Home Parks, including fac- clews` pei t e` the rret"rty line—of tort' built home parks and any protected use, when meeting the subdivisions if the structures are not following minimum requirements: classified as real estate. a. Where the business, when oper- 11. Rubble Disposal Site, Rubble Fill Site, ated in conformance with such or clean fill site, except clean fill ap- reasonable conditions as may be proved as part of a development plan. imposed by the Board of Adjust- A duplicate of the application submit- went, satisfies the following crite- ted to the Black Hawk County Health ria: Department shall be submitted to the i. The proposed location, design, Commission. The application shall construction and operation of contain the signature of landowner, the particular use adequately legal description of property, a plot safeguards the health, safety plan showing area to be filled with ex- and general welfare of persons isting and proposed final elevations. residing in the adjoining or The application shall also include an surrounding residential area. estimate of the number of cubic yards The business uses landscaping, necessary and length of time esti- P g' walls or structures to prevent mated to complete filling. [Ordinance any noise, vibration or light 3590, 10/17/88] generated by the business 12. Adult Businesses/Adult Uses [Ordi- from having a significant det- nance 3642, 5/1/89] in accordance with rimental impact upon the ad- "Adult Businesses/Adult Uses" of joining residential or protected Sections 10-3-1, 10-15-1(A)(2), and 10- uses. 27-1(N). iii. The business will not unduly 13. Gaming facilities, unless located with- increase congestion on the in a Planned District where listed as a streets in the adjoining resi- Permitted Use. [Ordinance 4735, dential area. 10/18/04] iv. The operation of the business 14. One or two-family residential struc- will not constitute a nuisance. tures when more than one (1) such b. Any Special Permit so granted by structure is erected on a single lot in the Board of Adjustment shall be the "R-1" or "R-2" District. [Ordinance subject to the following general 4855, 2/19/07] [Ordinance 4885, conditions, together with any ad- 10/15/07] ditional special conditions re- 15. Non-Limited Alcohol Sales Uses, oth quired by the Board of Adjust- er than limited alcohol sales uses, ment as appropriate: principal ar i. Any parking area provided for terial or interstate according to thethe use of customers of the Urban Federal Functional Classifica business shall be illuminated tion System prepared by IDOT, or to appropriate standards when located less than 250 feet meas found in the City of Waterloo ured from the nearest part of the Municipal Code. Parking lot 145 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI lighting shall be directed away special use permit. [Ordinance from nearby residential prop- 4976, 11/23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to tain alcohol sales uses, to mitigate noise control. the secondary effects of certain al- iii. Attractive litter and trash re- protect sales uses, to preserve and ceptacles shall be located at protect neighborhoods from dete- convenient locations inside rioration and loss of property val ue due to incompatible uses, and and outside the premises. otherwise to promote the general iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of v. If the zoning officer deter- conflict, the most restrictive provi- mines at any time that the op- sions shall govern, except as oth- eration of such a business ex- erwise expressly provided in this hibits a pattern of violating the subsection. conditions set forth in the Spe- 16. Religious facilities. cial Permit, the zoning officer 17. Non-profit institutions of a philan- may apply to the Board of Ad- justment to reconsider the is- thropic or educational nature, includ- suance of the special use per- ing libraries but excluding philan- mit for such business. A copy thropic professional offices in the "R- of such application to recon 4" Multiple Residence District or less sider and notice of the hearing restrictive district. Also private clubs, before the Board of Adjust- fraternities, sororities and lodges. ment on such application shall 18. Commercial mining and extraction of be provided to the owner of minerals or raw material, including such business at least ten days sand or gravel pits or borrow sites. in advance and shall also be 19. Mini-storage or storage rental devel- provided to all owners of re opment when in a"C-2" District. cord of property within two hundred fifty (250) feet of the 20. Towers including wireless communi- subject property. If the Board cations and wind generation devices, of Adjustment finds that the except as provided in Sections 10-27- operation of such business ex- 1(B)(4), 10-27-1(D), and 10-27-1(T). hibits a pattern of violating the 21. Kennels. conditions set forth in the Spe- cial Permit, the Board of Ad- 22. Public utility structures and equip- justment shall have the author- ment necessary for the operation ity to amend or revoke the 146 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P1 thereof except as provided in Section Hobby Farm to comply with the re- 10-27-1(S). quirements for a Hobby Farm or any 23. Contractor Businesses when including requirements or conditions placed on equipment yards and when located in the Special Permit approval for a a"C-2" or"C-3" District. Hobby Farm shall result in the license being denied. Any Hobby Farm de- 24. Off-Premise Advertising Signs and rued a license shall be subject to re- Billboards, when exceeding 300 view by the Board of Adjustment to square feet. determine if the Special Permit shall 25. Farm animals, livestock and special- be revoked. No Hobby Farm or farm animals shall be kept in an "R 1" or ized animal farms, excluding horses and in other than an "A-1" District. less restrictive District if they have not Due to the incompatibility of farm an- been approved as required herein, or imals and livestock with urban Bevel- Special Permit approval has been opment, large scale animal operations, revoked. Any such property with including animal confinement opera- farm animals existing at the time of lions, shall be prohibited unless the enactment of this Ordinance shall ob Board of Adjustment shall find that a tain Special Permit approval for a Hobby Farm or remove said farm an- proposed operation would be consis- tent and compatible with existing and imals within one year of enactment of future surrounding land uses. Future this Ordinance. land uses shall be reviewed based on 27. Alterations and conversions of single the designation of property on the Fu- family dwellings or duplexes into two tore Land Use Map, a component of family dwellings or multiple family the City of Waterloo Comprehensive dwellings in accordance with the lot Plan. area, frontage and yard requirements 26. Hobby Farms, as herein defined, in as set forth in this Section. other than an "A-1" or "R-R" District, Before issuance of any Special Permit for when the applicant can demonstrate any of the above buildings or uses, the Board that such a use will not constitute a of Adjustment [Ordinance 3614, 1/9/89] shall nuisance on adjoining property. Oth- refer the proposed application to the Corn- er criteria to determine if a Special mission, which shall be given forty-five (45) Permit shall be granted shall include, days in which to make a report regarding the but not be limited to: size of lot in re- effect of such proposed building or use upon lation to the size and number of pro- the character of the neighborhood, traffic posed animals, size of pen(s) in rela- conditions, public utility facilities and other tion to the size and number of pro- matters pertaining to the general welfare. No posed animals, proximity of sur- action shall be taken upon any application for rounding development, in particular a proposed building or use above referred to residential development, and the pro- until and unless the report of the Commission posed waste disposal plan. An ap- has been filed; provided, however that if no proved Hobby Farm shall require an report is received from the Commission with- annual license issued by Planning in forty-five (45) days, it shall be assumed staff. The license shall be valid from that approval of the application has been giv- July 1 to the following June 30. Every en by the Commission. [Ordinance 3918, Hobby Farm shall be inspected prior 1/11/93] The provisions of 10-28-4 (Special to issuance of a license. Failure of a 147 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI Permit, Appeals, and Variances) shall also I. Urban Renewal Plans. apply. Where the regulations with respect to lot Minor changes that do not substantially area frontage and yard requirements estab- alter the character of any Special Permit may fished by Official Urban Renewal Plans be administratively reviewed and approved adopted prior to the date of adoption of any by the Planning staff. If staff determines that zoning ordinance or amendment thereto con- the magnitude of such a change is insignifi- flict with the regulations of such ordinance or cant in nature, staff may approve the change amendment, the regulations contained in the without a review before the Commission and Official Urban Renewal Plan shall apply. public hearing by the Board of Adjustment. [Ordinance 3918, 1/11/93] J. Appeal of Minimum Lot Width. Examples of minor changes include, butAn s lot which does not meet the mini- are not limited to the following: the location, mum lot width or other bulk requirements of the zoning district may appeal said require- construction, replacement or change in type of signage, minor change in building loca- ments to the Board of Adjustment, where suf- tions, or change in the locations of access, ficient hardship will need to be proven to driveways, or parking areas, and may be car- grant a Variance. [Ordinance 3122, 12/22/80] Tied out through the administrative review K. Subdividing of Lots. and approval of the Planning staff. [Ordinance 3122, 12/22/80] Minor changes may include additions to an existing building which do not increase Any one or two family residential area the existing floor area by more than fifty (50) and/or "R-1" or "R-2" district where lots percent of the floor area of the building pro- have been platted and/or developed with posed to be added on to, or new buildings lots greater than the requirements of this Or- with a floor area not exceeding ten (10) per- dinance, lots may, if they have sufficient cent of the floor area of all existing or ap- property to,be subdivided to create buildable proved principal buildings. A change from lots of similar size after finding that the lots to one Special Permit use to another is not a mi- be created are similar to those existing in the nor change and shall require Board of Ad- area. The minimum area and lot width of the justment approval as though it were a new lots would be determined by averaging all request. [Ordinance 3918, 1/11/93] If staff de- lots within a two hundred fifty (250) foot ra- termines that the magnitude of any such dius of the lot or lots to be subdivided. The change is significant in nature or could be- lots to be created must not be more than ten come significant in nature,the change shall be (10) percent less than the average lot area and deemed major and the change shall require lot width. This provision shall not apply if the approval as though it were a new request. In lots to be created are more than four (4) times determining if a change is significant in na- the minimum lot area of the district in which ture the Planning staff shall consider, among the lots are located. In computing the aver- other things, the overall design of the pro- ages, the lot or lots to be subdivided and any posed change and it's compatibility to the ex- lot with other than a one or two family resi- isting development and surrounding devel- dential use or in other than a "R-1" or "R-2" opment, as well as impact on the neighbor- district shall not be included. Buildable va- hood due to changes in parking, traffic,etc. or cant lots in a "R-1" or "R-2" district shall be changes in visibility or aesthetics from the included but non-buildable vacant lots shall public roads or adjoining properties caused not be included. Divisions for non- by the proposed change. developmental or ownership purposes only and divisions for zero lot line row dwellings 148 CHAPI ER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P1 shall not be subject to this provision. All lots 5. Height Requirements: Solar collec- including the original lot or lots so subdi- tors may extend ten (10) feet above vided must meet all other applicable yard re- the height requirement of their district quirements. [Ordinance 3221, 6/14/82] when attached to the principal use on the lot. L. Solar Collector Systems. [Ordinance 3261 2/7/83 6. Solar Collectors proposed for any ] "C-Z", "R-P", "S-1", or "M-2,P" must The following exceptions to yard re- submit a plot plan to the Planning quirements and density requirements are al- staff for administrative review. The lowed for the placement of solar collectors in staff will review the plot for compli- all districts and solar collector systems shall ance to the regulations set forth. be considered a permitted accessory use in all Should the system be substantial in districts. size, the staff may refer the request to 1. Front Yard: In residential districts, no the Commission for review. exceptions shall be allowed into any 7. No portion of any solar collector sys- front yard unless the collector is at- tem shall extend above, beneath or tached to the dwelling and does not upon any easement, regardless of the intersect with the ground and pro- above stated exceptions to yard re- vided that the projection does not quirements. exceed twenty four (24) inches. In all other districts the collector may M. Placement of Mobile Home. extend a total of fifty (50) percent into [Ordinance 3378, 12/17/84] the required front yard. Mobile homes shall be placed only in mo- 2. Rear Yard: In all districts, a collector bile home parks or mobile home sales lot, ex- may extend ten (10) feet into any min- cept that one (1) mobile home may be placed imum rear yard, provided that a min- on a farm eighty (80) acres or larger in addi- imum of ten (10) feet rear yard is still tion to an existing permanent dwelling pro- provided. vided that occupant of said mobile home is active in the conduct of agricultural operation 3. Side Yard: A solar collector may ex- tend into either minimum side yard a of said farm. total of forty (40) percent of the re- No commercial, manufacturing, or pro- quired yard; however, this is not to fessional services shall be carried on in a mo- exceed a maximum of four (4) feet in bile home, trailer,recreational vehicle, or sim- residential districts. In all other dis- ilar motor vehicle, except for licensed and tricts the collectors may extend a total approved transient merchants. Under no cir- of fifty (50) percent into the required cumstances shall a mobile home be used as side yard. an accessory structure. This is not to be con- strued as prohibiting utilization of mobile 4. Lot Coverage: The actual lot area oc- home or trailer for temporary uses on con- cupied by the solar collector is in- struction sites or as deemed necessary by a cluded in determining lot coverage. In existing residential districts, lot governmental authority during or following a coverage shall not be interpreted as to natural disaster. prevent the placement of a forty (40) N. Adult Uses. square foot collector in any required rear yard, provided that the other [Ordinance 3642, 5/1/89] yard requirements are met. 149 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI 1. The minimum separation require- for a Special Permit under the provi- ments of adult uses may be varied by sions of the Zoning Ordinance. the Board of Adjustment if the person 4. In determining whether an adult use applying for the Variance files an ap- is plication for a Variance with the non conforming, especially in rela- building official. Included with said tion to another adult use, the Board application shall be a consent petition shall take into account the length of time that said adult use has been op- which indicates approval of the pro- posed adult use signed by 90 percent erating at its present location and shall consider the oldest adult use as a of the property owners within 600 ra- dial feet of the lot on which the use conforming use. would be located. The Board of Ad- O. Towers and Wireless Communica- justment, in considering such a Vari- tion Facilities. ance shall make the following find- [Ordinance 4321, 9/14/98] ings: that the proposed use will not be contrary to the public interest or in- [Ordinance 4541, 3/11/02] jurious to nearby properties, and that 1. Purpose. The special provisions of the spirit and intent of the Ordinance this Section are intended to regulate will be observed, that the establish- the location of new communication ment of an additional use of this type towers and antennas. The Telecom- in the area will not be contrary to the munications Act of 1996 restructured program of neighborhood conserva- and deregulated many aspects of the lion or improvement, either residen- country's communication industry. tial or non-residential, and that all ap- New telecommunication providers en- plicable regulations of this Ordinance tering the market desire to build a will be observed. network that can require additional 2. Any such adult use which at the time freestanding communication towers of the adoption of Ordinance 2479, as well as antennas mounted on exist- adopted 02/03/69, or amendment or ing buildings and other structures. replacement thereto, becomes non- It is the desire of the City of Waterloo conforming may continue in business to encourage an aesthetically pleasing subject to the regulations of a non- local environment. It is also the intent conforming use. of the City to encourage the expansion 3. Such non-conforming establishment of wireless technology, because it shall not increase, enlarge,expand, ex- provides a valuable service to resi- tend or alter such land area, building, dents and businesspersons in the city. or structure involved in such estab- It is not the City's goal to unreasona- lishment except by changing the use bly discriminate among providers of to another use which is permitted in functionally equivalent services; and that zoning district by the terms of the to not have the effect of prohibiting, Zoning Ordinance. If the owner of the either directly or indirectly, the provi- sions of personal wireless services. It non-conforming establishment desiresis to increase, enlarge, expand extend or the goal to encourage wireless pro- alter such land area, building or struc eiders to construct new facilities dis- ture involved in such establishment, guised as public art pieces, as natural the owner shall be required to apply vegetation, or to mount antenna on buildings in a way that blends archi- tecturally with the built environment. 150 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI In accordance with applicable zoning 2. Definitions,as used in this Chapter. regulations, any request to place, con- struct, or modify personal wireless a. "Multiple use facilities (Co location service facilities shall be acted on effort)" - Wireless communication within a reasonable time after the re- facilities that are shared with other quest is duly filed with the proper existing or newly constructed us City office, taking into account the na- es, such as, but not limited to, ture and scope of each request. Any (sports field lights, retail business decision to deny a request to place, highway signs, flag poles, or other construct, or modify personal wireless shared competing communica- service facilities shall be in writing lions facilities. and supported by substantial evi- b. "Monopoles" - A self-supporting, dence contained in a written record. cylindrical, metallic pole used as a a. Goals. communications support structure and engineered to support more i. To minimize the adverse vis- than one communications carrier ual effects of communication in exchange for a rental fee. structures through careful de- c. "Camouflage Design" - Camouflage sign, siting, locating, and design is a term describing a piece screening; of art, or an architectural structure ii. To locate and engineer corn- or element, that functions as a munications support struc- communications facility and aes- tures to mitigate potential thetically blends with the sur- damage to adjacent properties rounding historical or aestheti- from structural failure; tally-sensitive environment. Ex- iii. To allow for the reasonable to amples of camouflage design in- cation and efficient use of elude, but are not limited to, flag communication structures poles, clock towers, monuments, through co-location of carriers; and church steeples. Camouflage and design also applies in the architec- tural integration of communica- iv. To preserve and improve the lion facilities onto existing build- peace, safety, health, welfare, ings, sports field lights, highway comfort, and convenience of signs, water towers, etc. All such the citizens of the City of Wa- designs are subject to review and terloo. approval of the communications b. Regulation of All Towers. Towers carrier, the landlord, and the exceeding fifty (50) feet above Planning staff. If deemed to be of grade, including wireless commu major significance, the request nication towers and facilities, shall would be contingent upon final be allowed upon approval of a approval by the Board of Adjust- Special Permit by the Board of Ad- went, after review by the Corn justment after recommendation of mission. The camouflage design the Commission, except as pro of new freestanding wireless vided in this Section. Wind en- communication towers must be ergy facilities shall be regulated by accessory in design to the princi- Section 10-27-1(S). pal use of the site. For example, a new tower on a church site would 151 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI need to be designed to appear as a five visual barrier. For a single steeple tower, cross, etc. A new row the screen shall consist of tower on a school or park field spruce, firs, or pines spaced at a would need to appear as a new maximum spacing of 15 feet or a field lights structure, etc. This is double staggered row of spruce, aimed to further disguise the ap- firs, or pine spaced at a maximum pearance of wireless communica- spacing of 20 feet within each row; lion structures. for arborvitae and juniper the d. "Structure height" - The vertical spacing shall be a double stag- distance measured from the base gered row with maximum spacing of the antenna support structure at of 10 feet within each row, or a grade to the highest point of the single row with maximum spacing structure. If the support structure of 6 feet. is on a sloped grade, then the av- j. "Significance, Minor" - Requests erage between the highest and meeting the criteria as described in lowest grades of the cell site shall the Process Section 3a. Also, in be used in calculating the height. compliance with the Design Stan- e. "Communications structure" - Any dards. tower or any other structure that k. "Significance, Major" - Requests supports devices used in the meeting the criteria as described in transmission or reception of mi- the Process Section 3b. Also, any crowave energy, analog data deviation from the Design Stan- transfer techniques, radio fre- dards may classify a formerly mi- quency energy, and other digital nor significant request to this sta- data transfer techniques. ture. Such decision is up to the £ "Communication structure site" - A discretion of the City Planner and tract or parcel of land that contains his/her designee. the wireless communication struc- 3. Process. ture, accessory building(s), and a. Minor significance. The proposed parking, and may include other structure shall be subject to staff uses associated with and neces- review by the City Planner and sary for wireless communication his/her designee, if any of the fol- and transmission. lowing are true: g. "Tall structure"- Any structure the i. Agricultural and Industrial top of which is more than fifty (50) zoning classifications feet above grade. h. "Minimum height" - The lowest (a) All proposed structures to be constructed using cam- vertical distance at which the ouflage design, to visually structure can still operate at an ef- disguise them or architec- ficient level of service. An efficient turally integrate them from level of service is deemed to be the public view and their 95% or greater of possible opera- surroundings. five levels. i. "Effectively screened"- An area of (b) All proposed structures co- planting which provides an effec located onto an existing communications facility or 152 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI structure at least 50 feet in the Commission contingent upon height. final approval by the Board of Ad- (c) All proposed structures set justment, if any of the following back 1.5 times the height of are true: the tower from the nearest i. Agricultural and Industrial property line and are of zoning classifications monopole design. (a) Lattice or guyed design ii. Commercial zoning classifica- towers as specified in Sec- tions lion 6d as contained here- (a) All proposed structures to in. be constructed using cam- ii. Commercial zoning classifica- ouflage design, to visually lions disguise them or architec (a) Any structure not employ- turally integrate them from ing camouflage design or the public view and their co-located upon an existing surroundings. communications facility or (b) All proposed structures co- structure equal to or great- located onto an existing er than 50 feet in height. communications facility or Residential zoning classifica- structure equal to or great- lions or uses er than 50 feet in height. (a) Any structure not employ- iii. Residential zoning classifica ing camouflage design lions and/or located twice the (a) All proposed structures to tower height from any 1 or be constructed using cam- 2 family dwelling lot. ouflage design, to visually 4. Where Permitted. The proposed disguise them or architec structure is classified as a permitted turally integrate them from use, upon approval as noted above in the public view and their Sections 3a and 3b, if any of the fol- surroundings. Such struc- lowing are true: tures must be located at least twice the tower a. Agricultural and Industrial zoning height from any 1 or 2 fain- classifications and any other spe- ily dwelling lot (If said cific plans allowing such uses: dwelling lot is a non- i. Communication structures are conforming use this provi not permitted within 150 feet sion shall not apply). of an interstate or state high- (b) All proposed structures co- way. The tower shall be set- located onto an existing back a distance equal to 1.5 communications facility or times the height of the tower. structure equal to or great- This shall be measured from er than 50 feet in height. the outer most point of the b. Major significance. The proposed base to the nearest property structure shall require review by fie' 153 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI ii. When mounted on a building ground space at the proposed and architecturally integrated site is inadequate to serve its into an existing structure needs for a viable communica- and/or multiple use facilities. tions structure site. iii. When designed with camou- ii. Engineering Infeasibility. The flage design. wireless communications b. Residential and Commercial zon company shall provide engi- ing classifications and specific neering studies to show that the existing tall structure can- plans allowing such uses: not be satisfactorily engi- i. When mounted on a building neered to meet the coverage and architecturally integrated and/or capacity demands of into an existing structure its customers or function in its and/or multiple use facilities. grid system. ii. When designed with camou- iii. Economic Infeasibility. Co- flage design. location on an existing tall 5. Design Standards. The proposed structure is an incentive to, structure must comply with the fol- lowing provisions prior to the issu- terest of, each wireless com- ance of any permits. munication company as co- location reduces the cost to a. Necessity. The wireless commu- deploy each communication nications company shall demon- site. Where negotiation to co- strate that the antenna must be lo- locate on an existing tall struc- cated where it is proposed in or- tare fails, the wireless corn- der to satisfy the antenna's func- munications company shall tion in the company's grid system. provide evidence, to include b. Co-location Effort. If the wireless written assurances in the form communications company pro- of affidavits, that it could not poses to build a tower (as opposed obtain permission from own- to mounting the antenna on an ex- ers of tall structures within a isting tall structure), it shall dem- quarter (1/4) mile radius of onstrate a reason of substantial na- proposed site to install its ture describing the inability to co- antennas on those tall struc- locate. This demonstration shall tures. utilize one or more of the follow- The Zoning Board of Adjustment ing criteria to satisfactorily illus- may deny the permit if it con- trate why co-location on an exist- eludes that the applicant has not ing tall structure is infeasible: made a good faith effort to mount i. Structural Infeasibility. The the antenna on an existing struc- wireless communications tore or for any other reason within company shall provide a struc- the scope of the Board of Adjust- tural analysis to show the ment's authority. structural loading, minimum c. Structure Height. The applicant height, available space on the shall demonstrate, to the reason- existing structure, or available able satisfaction of the Commis- 154 CHAI'1 ER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P] sion and the Board of Adjustment, back requirements, and submittal that the structure is the minimum of engineering studies, that the height required to function satis- proposed structure is safe, accord- factorily while simultaneously ing to the Electronic Industries providing adequate structural Association Standards (EIA Stan- height for possible co-locators. dard 222 in regards to structural The Board of Adjustment has the standards for steel antenna towers right to deny any structures above and antenna support structures) the determined height unless oth- for its design, according to 1996 erwise shown the structure would FCC Regulations in terms of radio be inoperable. frequency transmissions, and the d. Setbacks From Base of Structure. surrounding areas will not be ne The minimum distance between gatively affected by structure fail- the base of the structure or any ure. All support structures shall guy anchors and any property line befitted with anti-climbing de- shall be the largest of the follow vices, as approved by the manu- shall facturers. Any such failure or in- terference shall be the responsibil- i. Fifty (50%) percent of antenna ity of the applicant to remedy. height. f. Fencing and Landscaping. An ii. The minimum setback in the opaque fence shall be installed underlying zoning district. around the antenna support struc- iii. Sixty (60) feet. ture and other equipment, unless the antenna is mounted on an ex- iv. Twice the tower height from isting structure or camouflage de- any 1 or 2 family dwelling lot. sign is employed. The fence shall If said dwelling lot is a legal be a minimum of six (6) feet in non-conforming use, this pro- height and serve to screen the base vision shall not apply. of the structure and improve secu- v. Any new tower structures rity. No such fence may use built upon land owned by the barbed wire closer than six (6) feet to the ground. Said fencing shall city, state, public schools, or other public entity may in- be effectively screened on the out- dude the street right-of-way in side (as defined in this Section). its setback requirements to fur- g. Co-location. In order to reduce ther promote any necessary the number of communication construction of such facilities structures in the community, the to go onto larger tracts of pub- proposed structure shall be re- lic land to allow for greater quired to accommodate other us- separation from residential us- ers, including other wireless es and to further benefit the communication companies, and community as a whole local police, fire and ambulance through the generation of companies. funds. h. FCC License. The wireless com- e. Structure Safety. The applicant munication company shall pro- shall demonstrate through proof vide proof that it is licensed by the of insurance, compliance with set- Federal Communications Corn- 155 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PI mission to conduct business in the the wireless company chooses not Waterloo market. to house support facilities such as i. Required Parking. If the commu- equipment rooms and cellular switching devices, the facility shall nication structure site is fully au- tomated, adequate parking shall be screened from public view by be required for maintenance walls, trellises, landscaping, or workers. If the site is not auto similar treatments. mated, the number of required b. No chain link fence associated parking spaces shall equal the with any wireless communication number of people on the maxi- facility is permitted unless effec- mum working shift. Structures tively screened as defined in this must be constructed of a material Section. compatible with existing abutting c. Temporary poles may be permit- property building unless specifi ted for a period of up to six cally proven to be unattainable. months, subject to review and ex- This is to reduce the visual impact tension, if an application for a of the structure and create an ap- permanent facility has been filed pearance which is compatible and and the necessity for temporary harmonious with the surround service can be proven to the satis- ings. faction of the City. Final approval j. Painting. Antenna support struc- of a temporary facility shall be tures shall be painted, if deter- subject to the review and approval mined necessary in process of re- as defined in the process Section. quest, in such a manner as to re- d. Lattice towers shall not be permit- duce the visual impact and create ted anywhere in the City unless a harmonious appearance with located in an Agricultural zone, their surroundings. designated in the Long Range k. Site Plan. A full site plan shall be Land Use Plan for industrial use, required for all communication or an Industrial zone. These tow- structure sites, showing the struc- ers shall be constructed with a set- tare, antenna, antenna support back from any right-of-way lines, structure, building, fencing, buff- property lines, or residential dis- ering,and access. tricts which shall be equal to or 1. Air Safety. All structures will be greater than 1.5 times the height of in compliance with the City of Wa- the tower. terloo Airport Ordinance and e. All utilities associated with wire- meet the guidelines for an Federal less communication facilities shall Aviation Administration Determi- be underground unless demon- nation(of no hazard). strated by the company that the local utility company has deter 6. Other Design Requirements. mined that it is impractical. This a. Support facilities such as equip- regulation applies only in residen- ment rooms and cabinets and cel- tial or commercial zoning classifi- lular switching devices shall be cations. designed to match the architecture of adjacent buildings. In the event f. The facility operator or property owner shall be responsible for 156 CHAP]ER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P1 maintaining the facility in good lines of the site upon which the appearance, which shall include tower is proposed to be located. but not be limited to, regular 7cleaning of the facility,keeping the Abandonment. facility painted as needed,keeping a. All approvals for wireless corn- bird nests and other similar items munication facilities shall be in ef- clear of the antenna area, and all- fect only while the facilities are be- around maintenance of the facility. ing operated on a continual basis. g. Any proposed free standing tower When the use is replaced or dis- structure within 500' of a 1 or 2 continued for a period of six months, the approvals will lapse; family dwelling lot will go own- through the Commission for a rec- ommendation to the Board of Ad- er shall be required to remove the justment, similar to a Special Per- merit and all associated equip wit. Such a request will require ment and restore the property to a q q notification by staff to all sur its original or otherwise acceptable roundingproperty owners within condition, subject to the approval P p ty of the City Planner or his/her des- two hundred fifty (250) feet from the boundaries of the property ignee. 157 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL P1 Dorms—•I'.�� - f A Good Example of a Building Mounted Antenna 11W. FYJil81T A Don't Do This Eamplc d mancennadssgial asan exiensbr d bal fell igit.This isone An Unacceptable of a&ilding Mounted Antenna eamplc d a rsUtiple se faclitr. EXHIBITS gat imt ma 1074 1111111.111111111 EXHIBIT C Examples of Possible Public Art Pieces that Provide Antenna Space 158 10-27-1 SPECIAL PI P. Buffers Required. height of planting shall be adequate to serve [Ordinance 3050, 10/1/79] as an effective visual screen. [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trasting and conflicting uses is across a bar- (fairing a buffer between them are rier and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce tive and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- ting or contrasting or conflicting use. wise provided by law. However, in The following conditions shall require a the event that any or all of the im- buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc. for the pur- pose of renewal, redevelopment, etc., 1. All "C" Districts which abut any "R-1" that portion of such property being or "R-2" District shall be buffered as renewed, redeveloped, etc. shall be required in this article. considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as required in this article. 2. Where one of the two (2) different dis- tricts requiring a buffer between them Buffers required under the provisions of is partially developed, the developer this article or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- nance material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts shall be designed for both structural requiring a buffer follows a street right-of- way, railroad, stream, or other similar barrier, adequacy and aesthetic quality. The use of weather resistant wood, metal the requirement for a buffer may be waived or manufacturing substitutes may be by the City Planner or designee, provided such waiver does not permit the exposure of used as an accessory material for aes thetic uali undesirable characteristics to public view. q ty. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-]cam. less than forty (40) feet in width, de- 1. Classification. Except in the "C-3" signed and landscaped in an aesthetic District, all alcohol sales uses, whether manner. existing or proposed, shall be classi- Predominant planting shall be of ever- fied by the City Planner or designee as green type trees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 159 10-27-1 SPECIAL P1 uses." All alcohol sales uses shall be classified according to current stan- section. dards pertaining to percentage of sales and retail floor space. For any alcohol sales use that existed before No alcohol sales use that is not a limited adoption of Ordinance 4976 on alcohol sales use, for which a Class 11/23/2009, where insufficient infor- mation is available for a determina- ccnsc has been issued, or for lion between a limited or non-limited which an application for such a li alcohol sales use according to current been u mit ? t standards, the use shall be classified yet granted, shall be l t a th as a limited alcohol sales use and shall in 600 feet of another alcohol sales be subject to all of the requirements use holding the same class of li pertaining to such uses. Any business cense, as measured from the near requesting classification as a non- est part of the building structure limited alcohol sales use shall provide or outdoor service area of an alco adequate documentation for such a hol-sales use to the elosest pomt-ef determination. Adequate documenta- the property line of such other aI lion may consist of, but shall not be cohol sales use. limited to, tax forms filed with the No alcohol sales use that is not a limited al Iowa Alcoholic Beverages Division, cohol sales use shall be located within sales register or point-of-sale system 250 feet of oth lc l l reports, income statements, and/or that is not a limited alcohol sales�r ales u c, other information certified as true and as measured from the nearest part of correct by a licensed public account- the building structure or outdoor ser ant or a certified public accountant. vice area of an alcohol sales use to the Any information provided by the closest point of the property line of business shall be certified by the busi- ness as true, correct and complete un- der penalty of perjury. moose-and 2. Drive-Up Windows. Intent. The purpose and intent of this a. No business that is an alcohol sales subsection Q is to establish alcohol use shall construct, open or install sales use regulations to avoid undue any drive-through or walk-up concentration of certain alcohol sales window or any similar drive-up or ondary effects drive-in system, except that a of certain alcohol sales uses, to pre pharmacy may have such a system serve and protect neighborhoods from provided that no alcoholic bever- ages may be sold or dispensed value due to incompatible uses, and through same, and except that a otherwise to promote the general grocery may have such a system purposes of the zoning ordinance. as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the lions of this subsection Q shall apply customer made the purchase in- in addition to any other zoning dis side the premises of the grocery. trict regulations and requirements in b. If an application has been filed for a which the land may be classified. In new license or permit to sell or the case of conflict, the most restrictive dispense alcoholic beverages with provisions shall geye n except a tl. 160 10-27-1 SPECIAL PI respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided informa- been classified as such within the tion indicates that the business fails to satisfy preceding three (3) months, and if the conditions to qualify as the appropriate the premises is equipped with a category of a limited alcohol sales use, either drive-through or walk-up window on the basis of the preceding twelve (12) or any similar drive-up or drive-in months viewed as a whole or the most recent system, then the application will three (3) months viewed as a whole, then not be approved until any opening such business may be deemed to be an that is part of such window or sys- unlawful use and may be subject to the en- tern is permanently closed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit demonstrates that the business exceeds to conform in materials and ap- by more than ten (10) percent any of the nu- pearance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business shall pay all cost and expense of the audit. R. Limited Alcohol Sales Uses. The city clerk shall demand reimbursement [Ordinance 4976, 11/23/09] for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the coin- within thirty (30) days of the date of mailing inanity, any limited alcohol sales use as de the notice. Without prejudice to any other fined herein is subject to the requirements of available methods of collection, any delin- this Section. Upon request of the police chief quent amounts may be assessed against the property for collection in the same manner as or designee at any time, but not more fre- quently than semi-annually, a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or des- proof that the business satisfies the conditions ignee with respect to the status of the busi- to be for the appropriate category of a limited ness within the appropriate category of as-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division,sales register or license, the business shall certify on forms point-of-sale system reports, and/or income acceptable to the City Planner or designee statements, and/or other information certi- that it continues to meet the requirements for fled as true and correct by a licensed public classification as the appropriate category of accountant or a certified public accountant. limited alcohol sales use, including certifica- Any information provided by the business tion by a licensed public accountant or a certi- shall be certified by the business as true, cor- fied public accountant that the business meets rect accurate and complete under penalty of the income restrictions to qualify as the ap- perjury. If the business fails to provide the propriate category of limited alcohol sales requested information within thirty (30) days use. after request, then such business shall be S. Utility Exemption. 161 10-27-1 SPECIAL P1 With the exception of the Floodway and shall meet the requirements of this Floodplain Overlay Districts, public utilities, subsection T prior to recommenc- as herein defined, shall be considered Princi- ing production of energy. How- pal Permitted Uses in all Districts under this ever, no modification or alteration Ordinance and shall be subject to the Special to an existing wind energy facility Permit process described in Section 10-27-1 shall be allowed unless in compli- (H), as well as the requirements of the appro- ance with this subsection T. priate district. Public utility equipment or structures such as poles (excluding towers), 2. Purpose wires, cables, conduits, streets, railroads in- a. The purpose of this subsection T is cluding railroad spurs, trails, driveways, to provide a regulatory means for bridges, culverts, etc. are exempt from the the construction and operation of Special Permit process. Other public utility large and small wind energy facili- structures, including buildings, power gen- ties in the City of Waterloo, subject eration facilities, substation facilities, and to reasonable restrictions, which other similar uses or structures shall not be will preserve the public health, exempt from the Special Permit process safety, and welfare. The City of unless otherwise provided by law or unless Waterloo adopts these provisions located in a Planned District including the"R- to promote the effective and effi- P", "S-1", "C-P", "B-P" and "M-2,P" Districts. cient use of the City's wind energy Towers shall be regulated by Sections 10-27- resource. 1(B)(4), 10-27-1(0), and 10-27-1(T). 3. Findings T. Wind Energy Facilities. a. The City of Waterloo finds and 1. Applicability declares that: a. The requirements of this subsec- i. Wind energy is an abundant, tion T shall apply to all wind en- renewable and nonpolluting ergy facilities (large and small) for energy resource of the City which an application for a Special and its conversion to electricity Permit or building permit has may reduce dependence on been submitted to the City of Wa- nonrenewable energy sources terloo after the effective date of and decrease the air and water this subsection T. No such wind pollution that results from the energy facility shall be constructed use of conventional energy after the effective date of this sub- sources. section T except in compliance ii. The generation of electricity with this subsection T. from properly sited wind en- b. Wind energy facilities for which a ergy facilities, including small required permit has been properly systems, can be cost effective issued prior to the effective date of and in many cases existing this subsection T shall not be re- power distribution systems quired to meet the requirements of can be used to transmit elec- this subsection T; provided, how- tricity from wind-generating ever, that any such pre-existing stations to utilities or other us- wind energy facility which does es, or energy consumption at not provide energy for a confirm- that location can be reduced. ous period of twelve (12) months 162 10-27-1 SPECIAL PI iii. Regulation of the siting and iii. Facility Owner: The entity or installation of wind energy fa- entities having an equity inter- cilities is necessary for the est in the wind energy facility, purpose of protecting the including their respective suc- health, safety, and welfare of cessors and assigns. neighboring property owners iv. Hub Height: When referring and the general public. to a wind turbine, the distance iv. Wind energy facilities repre- measured from ground level to sent significant potential aes- the center of the turbine hub. thetic impacts because of their v. MET Tower: A meteorological size, lighting, and shadow flicker effects, if not properly tower used for the measure- sited. ment of wind speed. v. If not properly sited, wind en- vi. Site: The parcel(s) of land where facilities may present a wind energy facility is risks to the property values of to be placed. The site can be adjoining property owners. publicly or privately owned by an individual or group of vi. Wind energy facilities may be viduals controlling single or significant sources of noise, adjacent properties. Where which, if unregulated, can multiple lots are in joint own- negatively impact adjoining ership or control, the corn- properties. bined lots shall be considered vii. Without proper planning, con- as one for purposes of apply- struction of wind energy facili- thg setback requirements. ties can create traffic problems vii. Total Height: When referring and damage local roads. to a wind turbine, the distance viii. If not properly sited, wind en- measured from ground level to ergy facilities can interfere the blade extended at its high- with various types of commu- est point. nications. viii. Use Termination: The point in 4. Definitions time at which a wind energy facility owner provides notice a. As used in this subsection T, the to the City of Waterloo that the following terms are hereby de- wind energy facility or indi- fined vidual wind turbines are no i. Decommissioning: The proc- longer used to produce elec- ess of use termination and re- tricity unless due to a tempo- moval of all or part of a large rary shutdown for repairs. wind energy facility by the Such notice of use termination owner or assigns of the large shall occur no less than 30 wind energy facility. days after actual use termina- tion. ii. FAA: The Federal Aviation Administration. ix. Wind Energy Facility,large: A facility that generates electric- ity or performs other work 163 10-27-1 SPECIAL PI consisting of one or more wind 5. Regulatory Framework turbines under common own- a. Large wind energy facilities may ership or operating control, only be constructed in areas that and includes substations, MET are zoned "A-1" Agricultural Dis- towers, cables/wires and other buildings accessory to such fa- trict, "M-2" Heavy Industrial Dis- trict, and "M-2,P" Planned Indus- cility, whose main purpose is trial District upon approval of a to supply electricity to off-site Special Permit by the Board of Ad- customers. It also includes justment after recommendation of any wind energy facility not the Commission. falling under the definition of a small wind energy facility. b. Small wind energy facilities may x. Wind Energy Facility, Small: be constructed in any zoning dis- trict as either a principal or acces- A wind energy system that sory use. Small wind energy fa- generates electricity or per- forms other work, has a hub cilities that are constructed as an height of one hundred twenty accessory use to a Principal (120) feet or less or is affixed to Permitted Use, and meet the an existing structure, has a setback, height, and power output power output rated capacity of requirements of this subsection T, 100 kilowatts or less, and is in- shall not require Special Permit approval and shall only require tended to primarily reduce the on-site consumption of elec- tricity. Any wind energy facili- small wind energy facilities that ties not falling under this deft are constructed as a Principal nition shall be deemed a large Permitted Use, or small wind en wind energy facility. ergy facilities that do not meet the setback, height, or power output xi. Wind Farm: Two or more requirements of this subsection T, wind turbines under common shall require Special Permit ap- ownership or control. proval. xii. Wind Turbine: A wind energy c. Application for a Special Permit, if conversion system which con- required, for a large or small wind verts wind energy into electric- energy facility shall be submitted ity through the use of a wind with the following information: turbine generator, and in- i. A properly filled out and cludes the turbine, blade, tow- si ed application. er,base, and pad. pp ii. A signed statement indicating that the applicant has legal au- thority to construct, operate, and develop the wind energy facilities under state, federal and local laws and regulations, including Federal Aviation Administration (FAA), Federal Communications Commission 164 10-27-1 SPECIAL P1 (FCC), and state and local x. For large wind energy facili- building codes. ties, a site plan prepared by a iii. A description of the number professional engineer or sur- and kind of wind energy facili- veyor licensed in the State of ties to be installed. Iowa, drawn to a scale of not less than 1 inch to 100 feet (1 iv. A description of the large or inch to 50 feet preferred), small wind energy facilities' showing the parcel boundaries height and design, including a and a legal description, 2-foot cross section, elevation, and contours for the subject site diagram of how the wind en- and one hundred (100) feet ergy facilities will be anchored beyond the subject site, sup- to the ground, prepared by a port facilities, access, proposed professional engineer licensed landscaping and fencing, and in the State of Iowa. all other buildings on the sit e v. A statement from the applicant and within one hundred (100) that all wind energy facilities feet beyond the site. will be installed in compliance xi. Any utility or easement loca- with manufacturer's specifica- lions shall be indicated on the tons, and a copy of those site plan. manufacturer's specifications. xii. For large wind energy facili- vi. A signed statement from the ties, photo exhibits visualising landowner(s) of the site stating the proposed wind energy fa- that he/she will abide by all cilities. applicable terms and condi- tions of this subsection T and xiii. For large wind energy facili- the Special Permit, if ap- ties, a signed statement from proved. the landowner(s) of the site stating that a lease has been vii. A statement indicating what executed or has been agreed hazardous materials will be upon by all parties and will be used or stored on the site, and, executed if the applicant does how those materials will be not own the land. stored. d. If required, a plan for site grading, viii. A statement indicating how erosion control, storm water the wind energy facility will be drainage, and storm water pollu- lit,if applicable. lion prevention plan (SWPPP) ix. For small wind energy facili- shall be submitted to the City En- ties, a site plan showing the En- gineer for review and approval prior to granting building permits. parcel boundaries and a legal description, support facilities, e. All other permits, including those access, fencing, and all other for work done in rights-of-way, buildings on the site and with- shall be applied for by the appli- in one hundred (100) feet be- cant to the appropriate agency yond the site. prior to construction. 165 10-27-1 SPECIAL PI f. Wind energy facilities shall not in- shall be required for the life of the dude offices, vehicle storage, or facility. Each renewal period will other outdoor storage. One acces- require a copy of certificate of in- sory storage building may be surance be provided to the City of permitted per large wind turbine Waterloo. An expired insurance at the Board of Adjustment's dis- certificate or an unacceptable li- cretion. The size and location of ability coverage amount is any proposed accessory building grounds for revocation of the Spe- shall be shown on the site plan. cial Permit. No other structure or building ac- j.cessory to the wind energy facility For large wind energy facilities, the City shall require an irrevoca- is permitted unless used for the express purpose of the generation ble letter of credit, bond, or cash of electricity or performing other escrow, held in trust in favor of the City of Waterloo, to recover work related to the wind energy facility. the costs associated with removal of a use terminated large wind g. An applicant may submit one Spe- turbine tower and appurtenant fa- cial Permit application for the en- cilities. The amount of the irrevo- tire large wind energy facility pro- cable letter of credit, bond, or cash ject or small wind energy project escrow shall be set by the Board of (if required) located in the City of Adjustment prior to Special Permit Waterloo, provided that a detailed approval and shall remain in effect map identifying the precise loca- until released by the City of Wa- tion of all proposed wind turbine terloo. The issuer of the irrevoca- towers is provided at time of ble letter of credit or bond shall be submittal of Special Permit. For suitable to the City. additional wind turbine towers proposed that were not detailed in k. A wind energy facility authorized a previous Special Permit ap- by Special Permit shall be started proval, a new separate Special within twelve (12) months of Spe Permit shall be required,including cial Permit issuance and com- a detailed map identifying the pleted within thirty-six (36) months of Special Permit issuance,precise location of all proposed and existing wind turbine towers. or in accordance with a timeline approved by the Board of h. No grading,filling, or construction Adjustment. Upon request of an shall begin until a building permit applicant, and for good cause, the is issued. A separate building Board of Adjustment may grant an permit shall be required for each extension of time. individual wind turbine tower and appurtenant facilities prior to con- 1. For large wind energy facilities, struction of each wind turbine the applicant shall submit a copy tower and appurtenant facilities to of all "as built plans" prepared by be constructed. a professional engineer licensed in the State of Iowa, including struc- i. For large wind energy facilities, a tural engineering and electrical certificate of insurance with a min- plans for all towers following con- imum of $2,000,000 liability cover- struction to the City to use for re- age per incidence, per occurrence moval of large wind energy facil- 166 10-27-1 SPECIAL El ity, if large wind energy facility energy facilities and wireless owner or its assigns fails to meet communication facilities. the requirements of this subsec- tion T or the Special Permit. ii. Wind energy facilities shall utilize measures to reduce the m. For wind energy facilities requir- visual impact of the facility to ing Special Permit, the Board of the extent possible. Facilities Adjustment may require addi- with multiple wind turbine tional conditions to ensure public towers shall be constructed health, safety, and welfare. with an appearance that is n. Wind energy facilities that are similar throughout the site, to constructed and installed in ac- provide reasonable uniformity cordance with the provisions of overall size, geometry, and this subsection T shall not be rotational speeds. No letter- deemed to constitute the expan- ing, company insignia, adver tisin sion of a nonconforming use org, or graphics shall be on structure. any part of the tower, hub, or blades except as otherwise o. Nothing in this Ordinance shall be provided in this subsection T. deemed to give any applicant the right to cut down surrounding - For small wind energy facili- tiestrees and vegetation on any prop- erty constructed as an acces- trees not on the applicant's site to sory use to a Principal reduce turbulence and increase Permitted Use, only one small wind flow to the wind energy fa- wind energy facility per site cility. Nothing in this Ordinance shall be allowed. For small shall be deemed a guarantee wind energy facilities against any future growth or con- approved by Special Permit, struction or City approvals of fu- multiple small wind energy ture construction that may in any facilities may be allowed. way impact the wind flow to any iv. Small wind energy facilities wind energy facility. It shall be shall be used primarily to re- the sole responsibility of the facil- duce the on-site consumption ity operator or owner to acquire of electricity. any necessary wind flow or turbu v. For small wind energy facili- lence easements, or rights to re ties not requiring Special Per- move vegetation. mit approval, the maximum 6. General Requirements turbine power output rated a. Standards capacity is limited to 50 kW. For small wind energy facili- i. No television, radio or other ties requiring Special Permit communication antennas may approval, the maximum tur- be affixed or otherwise made bine power output rated ca- part of a wind energy facility, pacity is limited to 100 kW. except pursuant to the regula- Power output rated capacity tions for wireless communica- larger than 100 kW shall be tion towers. Applications may deemed a large wind energy be jointly submitted for wind facility. 167 10-27-1 SPECIAL P1 vi. At least one sign shall be post- b. Design and Installation ed on the tower at a height of i. Wind energy facilities shall be five (5) feet warning of electri- painted a non-reflective, non- cal shock or high voltage, obtrusive color, such as grey, harm from revolving machin- ery, and the hazard of falling white, or off-white. ice. No brand names, logo or ii. For large wind energy facility advertising shall be placed or sites, the design of the build- painted on the tower, rotor, ings and related structures generator or tail vane where it shall, to the extent possible, would be visible from the use materials, colors, textures, ground, except that a system screening, and landscaping or tower's manufacturer's logo that will blend the large wind or insignia may be displayed energy facility to the natural on a system generator housing setting and existing environ- in an unobtrusive manner that ment. is not visible off site. in. Minimum lighting necessary vii. Towers shall be constructed to for safety and security pur- provide one of the following poses shall be permitted. means of access control: Techniques shall be (a) Tower-climbing apparatus implemented to prevent located no closer than casting glare from the site, twelve (12) feet from the except as otherwise required ground. gg by the FAA or other applicable (b) A locked anti climb device iv. 1V Odra of advertising shall be installed on the tower. allowed on the pole, turbine, blades, or other buil dings s or (c) A locked, protective fence facilities associated with the at least six feet in height use, except for reasonable that encloses the tower. identification of the manufac- viii. Anchor points for any guy turer or contact information of wires shall be set back ten (10) the operator of the wind en- feet from any property line, ergy facility. and shall not be on or across v. All wind energy facilities shall any above-ground electric be equipped with a redundant transmission or distribution braking system. This includes lines, and shall not be located both aerodynamic overspeed within an easement. The point controls (including variable of attachment for the guy pitch, tip, and other similar wires shall be enclosed by a systems) and mechanical fence six (6) feet high or brakes. Mechanical brakes sheathed in bright orange or shall be operated in a fail-safe yellow covering from three to mode. Stall regulation shall eight (8) feet above the not be considered a sufficient ground. braking system for overspeed protection. 168 10-27-1 SPECIAL P1 vi. To the extent applicable, all Waterloo and their officials, wind energy facilities shall agents and employees. comply with all applicable x. The owner of a large wind en building codes and standards. ergy facility (applicant) shall vii. Electrical controls, control wir- reimburse the City of Waterloo ing, and power lines shall be and/or Black Hawk County wireless or not above ground, for any y and all repairs and re- except where wiring is construction to the public bro ught together for connec- roads, culverts, and natural lion to the transmission or dis- drainage ways resulting di- tribution network, adjacent to rectly from the construction of that network. This provision the large wind energy facilit y. can be waived by the Board of A qualified independent third Adjustment for any wind en- party, agreed to by the City of ergy facility approved by Spe- Waterloo and applicant, and cial Permit if deemed appro- paid for by the applicant, shall priate by the Board. be hired to inspect the road- viii. All electrical components of ways and drainage ways to be the wind energy facility shall used or affected during con conform to relevant and appli struction. This third party cable local, state, and national shall be hired to evaluate, doc- codes, and relevant and appli- ument, videotape, and rate cable international standards. road and drainage way condi- tions prior to the construction ix. The owner of a wind energy of the large wind energy facil- facility shall defend, indem- ity and again within 30 days nify, and hold harmless the after the large wind energy City of Waterloo and their offi- facility project is complete. cials, agents and employees Any damage done by the from and against any and all applicant or subcontractors claims, demands, losses, suits, shall be repaired or causes of action, damages, in- reconstructed at the juries, costs, expenses, and li- licant's e pense. abilities whatsoever, including xi. Were wm energy facility attorney fees,arising out of the construction cuts through a acts or omissions of the opera- private or public drain tile field, the drain tile must be re for or the operator's contrac- tors concerning the construc paired and reconnected to lion or operation of the wind properly drain the site to the energy facility without limita- satisfaction of the City of Wa tion, whether said liability is terloo. premised on contract or tort. xii. Any recorded access easement Owner's submittal for a build- across private lands to a wind ing permit for a wind energy energy facility, in addition to facility shall constitute agree- naming the wind energy facil- ment to defend, indemnify, ity owner as having access to and hold harmless the City of the easement, shall also name the City of Waterloo as having 169 10-27-1 SPECIAL PI access to the easement for For wind energy facilities not purposes of inspection or de- exceeding one hundred twenty commissioning. If no such ac- (120) feet hub height, mono- cess easement exists, approval pole (tubular) type towers of the Special Permit for a shall be favored over guyed wind energy facility shall con- towers, and lattice towers shall stitute granting to the City of be discouraged. For towers Waterloo a right to access the that require Special Permit ap- wind energy facility for pur- proval, the Board of Adjust- poses of inspection or decom- ment shall have authority to missioning. determine required design el- xiii. Any wind energy turbine or ements, including type and facility that does not produce height. energy for a continuous period 7. Setbacks of twelve (12) months shall be a. The following setbacks and sepa- considered abandoned and ration requirements shall apply to shall be removed in accor- all dance with the removal provi- wind turbines: sions of this subsection T. i. Each wind turbine associated Failure to abide by and faith- with a large wind energy facil- fully comply with this subsec- ity shall be set back from the tion T or with any and all con- nearest non-participating land- ditions that may be attached to owner's property line and the granting of any building from any other wind turbine a permit for a wind energy facil- distance of no less than 1.5 ity shall constitute grounds for times its total height. the revocation of the permit by ii. Each wind turbine associated the City of Waterloo. with a small wind energy facil- xiv. A large wind energy facility ity shall be set back from the owner and operator shall nearest property line a dis- maintain a phone number and tance of no less than 1.5 times identify a responsible person its total height, except that a for the public to contact with wind turbine associated with a inquiries and complaints small wind energy facility may throughout the life of the pro- be located closer than 1.5 times ject, and shall provide updated its total height if written con- information on such to the sent from the property owners Planning and Zoning Depart- to which the proposed tower ment. would be closer than 1.5 times its total height is obtained, or if xv. Wind energy facilities exceed approved by Special Permit. In ing one hundred twenty (120) such cases, the minimum set feet hub height shall be of a back from the nearest property monopole (tubular) design ex- line shall be a distance of no cept in unusual circumstances less than 0.5 times its total as deemed appropriate by the height. As part of the Special Board of Adjustment as part of Permit approval, the Board of the Special Permit approval. 170 10-27-1 SPECIAL P1 Adjustment may grant a waiv- noise exceeds sixty (60) dBA the er to the setback requirements offending wind turbine must be where strict enforcement inoperable until repairs are com- would not serve the public in- pleted, or a waiver is obtained terest and where it is demon- from affected property owners in strated that such a setback will accordance with subsection (9)(f) not have an adverse impact on below. the adjoining properties, how- ever the setback shall gener- b. Wind energy facilities shall not ally not be less than 0.5 times create an audible steady, pure the total height. tone such as a whine, screech, hum, or vibration. iii. Wind energy facilities must meet all utility setbacks c. In the event the ambient noise lev- and/or easements. The owner el (exclusive of the development in of the wind energy facility is question) exceeds the applicable responsible for contacting the standard given above, the appli appropriate entities to deter- cable standard shall be adjusted so mine the location of all above as to equal the ambient noise level. and underground utility lines The ambient noise level shall be on the site including, but not expressed in terms of the highest limited to, sewer, water, elec- whole number sound pressure tricity, natural gas, cable tele- level in DBA, which is exceeded vision, communication, fiber for more than five (5) minutes per optic, etc. hour. Ambient noise levels shall be measured at the site property 8. Height lines. Ambient noise level meas- a. Small wind energy facilities not urement techniques shall employ requiring Special Permit approval all practical means of reducing the shall be limited to eighty (80) feet effect of wind generated noise at hub height. the microphone. Ambient noise level measurements may be per- b. Small wind energy facilities re- formed when wind velocities at quiring Special Permit approval the proposed project site are suffi- shall be limited to one hundred cient to allow wind turbine opera- twenty(120)feet hub height. lion,provided that the wind veloc- c. Large wind energy facilities shall ity does not exceed thirty (30)mph not be limited in height, except as at the ambient noise level meas- imposed by the Board of Adjust- ment as part of the Special Permit d. Any noise level emanating from a approval. wind energy facility falling be- g. Noise and Vibration tween two whole decibels shall be determined to be the higher of the a. Except during short-term events two including severe windstorms, au- dible noise due to wind energy fa- cilitye.operations shall not exceed urements, with need determined sixty (60) dBA, when measured at by the Planning staff, shall be paid the site property lines. If audible 171 10-27-1 SPECIAL P1 for by the applicant or wind en- terference with electromagnetic ergy facility owner. communications, such as radio, f. In the event the noise levels result- telephone, computers, communi- cation devices, or television sig- ing from the wind energy facility exceed the criteria listed above, a nals, including any public agency waiver to said levels may be radio systems, caused by any granted provided that the follow- wind energy facility. However, in no case shall a wind energy facil- ing has been accomplished: ity be located within the micro- i. Written consent from the af- wave path of an emergency corn- fected property owners has munication tower. been obtained stating that they are aware of the wind energy 12. Shadow Flicker facility and the noise limita- a. Wind energy facilities shall at- tions imposed by this Ordi- tempt to avoid shadow flicker in nance, and that consent is any off-site residences. The wind granted to allow noise levels to energy facility owner and/or op- exceed the maximum limits erator shall make reasonable ef- otherwise allowed;and, forts to minimize or mitigate shadow flicker to any off-site resi- ii. A permanent noise impact easement has been recorded in dence to the determination of the the Office of the Black Hawk City Planner or designee. Any off- site residence owner or wind en- County Recorder which de- scribes the benefited and bur- ergy facility owner may appeal the determination of the City Planner dened properties and which advises all subsequent owners or designee to the Board of Ad- of the burdened property that justment, as provided in Section noise levels in excess of those 10-28-4(B). permitted by this Ordinance 13. Ice Shedding may exist on or at the bur- a. The wind energy facility owner dened property. and/or operator shall ensure that 10. Minimum Ground Clearance ice from the wind turbine blades a. For small wind energy facilities, does not impact any off-site prop- the minimum distance between erty. the ground and any part of the ro- 14. Waste Management tor or blade system shall be fifteen a. All hazardous waste generated by (15)feet. the operation and maintenance of b. For large wind energy facilities, the facility, including, but not lim- the minimum distance between ited to lubricating materials, shall the ground and any part of the ro- be handled in a manner consistent tor or blade system shall be thirty with all local, state, and federal (30)feet. rules and regulations. 11. Signal Interference 15. Safety a. The applicant or wind energy fa- a. Wind turbine towers shall not be cility owner shall mitigate any in- climbable up to twelve (12) feet 172 10-27-1 SPECIAL PI above ground level and all large i. The owner/operator of a large wind turbine tower access ladders wind energy facility shall provide must be located inside of the tow- qualified personnel to conduct er. training sessions to emergency re- b. All access doors to wind turbine sponders whenever requested. towers and electrical equipment j. The owner/operator of a large shall be locked. wind energy facility shall provide c. Any accessory structure on site of a company representative to ac- a large wind energy facility shall company the Fire Department Fire have a concrete roof to protect the Inspector during site visits. The structure from snow and ice shed- owner/operator of a large wind ding. energy facility shall comply with all applicable laws regarding those d. Appropriate warning and caution inspections. signage shall be placed on wind turbine towers, electrical equip- k. The owner/operator of a wind en- ment, and large wind energy facil- ergy facility shall be responsible ity entrances. for the total cost of any incident(s) that occur on or at their facilities e. A large wind energy facility site and/or properties. and all structures shall have an annual inspection report of struc- 16. Removal tural stability by a professional a. All wind generators and appurte- engineer licensed in the State of nances shall be removed from the Iowa, at cost to the large wind en- site within six (6) months of use ergy facility owner, with a report termination notice to the City of filed with the City of Waterloo Waterloo by the owner of the facil- Planning and Zoning Department. ity or its assigns, or within three Any deficiencies found shall be (3) months of permit revocation by repaired in a timely manner. the City of Waterloo. Upon re- quest of the owner or assigns of f. The owner/operator of a large the wind energy facility, and for wind energy facility shall test for stray voltage before, during, and good cause, the City Planner or after construction upon request by designee may grant a reasonable the City Planner or designee. extension of time. All substations shall be fenced to b. The site shall be stabilized, grad- g. ed, and cleared of any debris by prevent public access. The provi- sions of Section 10-27-1(S) shall the owner of the facility or its as signs. If site is not to be used for apply. agricultural practices following h. The owner/operator of a large removal, site shall be seeded to wind energy facility shall post and prevent soil erosion. maintain at each facility a clearly posted 24-hour a day manned tel- c. Any foundation shall be removed ephone number in case of an to a minimum depth of four (4) ewer enc feet below grade, or to the level of g Y the bedrock if less than four (4) feet below grade, by the owner of 173 CHAY1 ER 28 BOARD OF ADJUSTMENT 10-28-1 APPOINTMENT-MEMBERSHIP. the facility or its assigns. Follow- signs, and for good cause, the City ing removal, the location of any Planner or designee may grant a remaining wind turbine founda- reasonable extension of time. lion shall be identified on a map as b. Notwithstanding any other such and recorded with the deed abatement provision, if the wind to the property with the Office of energy facility is not repaired or the Black Hawk County Recorder. made operational or brought into d. Any access roads shall be re- compliance after said notice, the moved, cleared, and graded by the City Council may, after a public owner of the facility or its assigns, meeting at which the operator or unless the property owner wants owner shall be given opportunity to keep the access road. The Cityto be heard andpresent evidence, of Waterloo will not be assumed including a plan to come into to take ownership of any access compliance, (1) order either reme- road unless through official action dial action within a specified time- of the City Council. frame, or (2) order revocation of e. Any expenses related to the de- the permit and require the re- moval of the wind energy facility commissioning and removal shall be the responsibility of the wind within three (3) months. For large energy facility owner, including wind energy facilities not removed any expenses related to releasing within the specified time period, any easements. the City of Waterloo shall have the right to use the irrevocable letter f. Removal shall conform to the con- of credit, bond, or cash escrow to tract between property owner and cover the costs associated with the owner/operator of a wind en- removal of the large wind energy ergy facility, in addition to the re- facility. quirements set forth in this Ordi- c. Any wind energy facility that does nance. not meet the requirements of this 17. Violation and Permit Revocation Ordinance, including, but not lim- a. All wind energy facilities shall be ited to those dealing with noise, maintained in operational condi- height, setback, or visual appear tion at all times, subject to reason- ance, or does not meet any condi able maintenance and repair out- lions attached to approval of the ages. Operational condition in- wind energy facility, shall be eludes meeting all noise require deemed an unlawful structure and ments and other permit condi- shall provide grounds for the rev- Hons. Should a wind energy facil- ocation of the permit. ity become inoperable, or should any part of the wind energy facil- ity be damaged, or should a wind CHAPTER 28 energy facility violate a permit BOARD OF ADJUSTMENT condition, the owner/operator shall remedy the situation within 10-28-1 APPOINTMENT—MEMBERSHIP. three (3) months after written no- tice from the City of Waterloo. A Board of Adjustment is hereby estab- Upon request of the owner or as- lished which shall consist of five (5) members 174 CHAPTER 28 BOARD OF ADJUSTMENT 10-28-2 RULES-M] eac h appointed to a term of five 5years. pPtion und er the same terms and Members shall be removable for cause by the conditions as hereinafter provided appointing authority by written charges and for the hearing of appeals by the after public hearing. Vacancies shall be filled Board of Adjustment. for the unexpired term of any member whose 2. The Board of Adjustment in mak- term becomes vacant. [Ordinance 4074, ing any exception to this Ordi- 2/20/95] [Ordinance 4080, 3/13/95] nance shall be guided by the gen- eral rule that the exceptions shall 10-28-2 RULES—MEETINGS—GENERAL by their design, construction, and PROCEDURE. operation adequately safeguard The Board shall ado pt t rules in accordance the health, safety, and p welfare of with the provisions of this Ordinance. Meet- the occupants of adjoining and ings of the Board shall be held at the call of surrounding property, shall not the chairman and at such other times as the impair an adequate supply of light board may determine. Such chairman, or in and air to adjacent property, shall his or her absence, the acting chairman, may not increase congestion in the pub- administer oaths and compel the attendance lic streets, shall not increase public of witnesses. All meetings of the Board shall danger of fire and safety and shall be open to the public. The Board shall keep not diminish or impair established minutes of its proceedings, showing the vote property values in surrounding of each member upon each question, or if ab- areas. sent or failing to vote, indicating such fact, 3. The Board of Adjustment is spe- and shall keep records of its examinations cifically authorized to permit erec- and other official actions, all of which shall be tion and use of a building or the immediately filed in the office of the Board use of premises or vary the height and shall be a public record. and area regulations in any loca- tion for a public service corpora- 1 0-28-3 JURISDICTION—POWERS. tion for public utility purposes or The Board shall have the following pow- for purposes of public communi- ers and duties. cation, including the distribution of newspapers, which the Board A. The Board of Adjustment may, in ap- determines reasonably necessary propriate cases and subject to appro for public convenience or welfare. priate conditions and safeguards, make special exceptions to the terms 4. The Board of Adjustment is spe- of this Ordinances in harmony with its cifically authorized to permit the general purpose and intent. Any extension of a district where the property owner aggrieved by the pro- boundary line of a district divides visions of this Ordinance or any regu- a lot that is in a single ownership lations or restrictions thereunder, may as shown of record or as shown by petition the said Board of Adjustment existing contract or purchase at to modify said regulations and restric- the time of adoption of a zoning lions as applied to such property ordinance or amendment thereto, owner and the following rules shall but in no case shall extension of apply: the district boundary line exceed forty (40)feet in any direction. 1. The Board of Adjustment shall have a public hearing on said peti- 175 CHAN hR 28 BOARD OF ADJUSTMENT 10-28-4 SPECIAL P1 B. To hear and decide appeals where it is A. Special Permits. alleged there is an error in any order, Requests for Special Permits shall be requirements, decision, permit, or de- submitted to the City Planner who shall for- termination made by the City Planner ward such to the Board of Adjustment for or designee in the enforcement of this consideration, after recommendation of the Ordinance. Commission. Such requests shall include a C. To authorize an appeal in specific cas- site plan in accordance with Section 10-5-1(Q) es, in which such Variance from the and information ordinarily submitted with terms of this Ordinance will not be applications as well as any additional infor- contrary to the public interest and the mation deemed necessary to the Board of Ad- spirit of this Ordinance p durance will be ob- justment. The following provisions shall ap- served and substantial justice done; ply: and where owing to special condi- 1. Purpose: The development and ad- tions, a literal enforcement of the pro- ministration of this Ordinance is visions of this Ordinance will result in based upon the division of the City in- unnecessary hardship. to Zoning Districts, within which Dis- Special conditions shall include but tricts the use of land and buildings not be limited to a property owner and the bulk requirements and loca- who can show that his property was lion of buildings and structures in re- acquired in good faith and where by lation to the land are substantially reason of exceptional narrowness, uniform. It is recognized, however, shallowness or shape of a specific that there are certain uses which, be- piece of property or where by reason cause of their unique characteristics, of exceptional topographical condi- cannot be properly classified in any lions or other extraordinary or excep- particular District or Districts without tional situations, the strict application consideration in each case of the im- of the terms of this Ordinance actually pact of those uses upon neighboring prohibits the use of his property in a land and of the public need for the manner reasonably similar to that of particular use at the particular loca- other property in the district. lions. Such uses are typicallypublicly P tY P Y operated or affected with a public in- 10-28-4 SPECIAL PERMITS, terest, or uses private in nature, but of APPEALS,AND VARIANCES. such an unusual nature that their op- [Ordinance 3393, 6/10/85] eration may give rise to unique prob- lems with respect to their impact upon The Board of Adjustment is hereby estab- neighboring property or public facili- lished which shall hear and decide: ties. (i) applications for Special Permits 2. Initiation of Special Permit: Any per- upon which the Board is author- son having a freehold interest in land, ized to pass under this Ordinance; a possessory interest entitled to exclu- sive eals;and sive possession, or a contractual inter- O PP est which may become a freehold in- (iii)requests for Variances to the pro- terest of an exclusive possessory in- visions of this Ordinance; and terest, either of which is specifically shall take any other action which enforceable, may file an application to is required of the Board. use such land for one (1) or more of the Special Permitted uses provided 176 CHAPTER 28 BOARD OF ADJUSTMENT 10-28-4 SPECIAL PI for in this Ordinance in the Zoning in which it is located, except as District in which the use(s) are permit- such regulations may, in each in- ted. stance, be modified by the Board 3. Authorization: For each application of Adjustment. for a Special Permit, the City Planner 5. Conditions and Guarantees: Prior to or designee shall prepare and file with the granting of any Special Permit, the the Board of Adjustment findings and Board of Adjustment shall stipulate recommendations, including the rec- such conditions and restrictions upon ommended stipulations of additional the establishment, location, construc- conditions and guarantees that are tion, maintenance, and operation of deemed necessary for the protection the Special Permit as is deemed neces- of the public interest. sary for the protection of the public in- 4. Standards: No Special Permit shall be terest and to secure compliance with granted by the Board of Adjustment the Standards specified in Subsection unless such Board shall find: (4) above. In all cases in which Special Permits are granted, the Board of Ad- a. That the establishment, mainte- justment shall require such evidence nance, or operation of the Special and guarantees as it may deem neces- Permit will not be detrimental to sary as proof that the conditions stipu- or endanger the public health, lated in connection therewith are be- safety, morals, comfort, or general ing complied with. welfare; 6. Denial of Special Permit: No applica- b. That the Special Permit will not be lion for a Special Permit that has been injurious to the use and enjoyment denied wholly or in part by the Board of other property already permit- of Adjustment shall be resubmitted ted, nor substantially diminish for a period of six (6) months from the and impair property values within date of denial, except on the grounds the neighborhood; of new evidence or proof of change of conditions or of the request found to c. That the Special Permit will not impede the normal and orderly be valid by the Board of Adjustment. development and improvement of 7. Revocation of Special Permit: In any the surrounding property for uses case where the use under an ap- permitted in the district(s); proved Special Permit has not been d. That adequate utilities, access established or construction com- menced within one (1) year after the roads, drainage and/or necessary facilities have been or are being date of granting thereof, the Board provided; may act to revoke the Special Permit, causing it to be null and void. In any e. That adequate measures have case where the use under an ap- been or will be taken to provide proved Special Permit has been estab- ingress and egress so designed as lished but ceases for any reason for a to minimize traffic congestion in period of more than one (1) year, the the public streets; and Board may act to revoke the Special f. That the Special Permit shall, in all Permit. Also, any person authorized to initiate a Special Permit may re- other respects, conform to the ap- plicable regulations of the District quest that an approved Special Permit be revoked. Action to revoke an ap- 177 CHAPTER 28 BOARD OF ADJUSTMENT 10-28-4 SPECIAL PI proved Special Permit shall follow the shape of a specific piece of property or struc- same process as action to initiate a ture on the property or where by reason of Special Permit. Any Special Permit so exceptional topographical conditions or other revoked shall not be considered a le- extraordinary or exceptional situations, the gal non-conforming use. strict application of the terms of this Ordi- nance actually prohibits the use of the prop- B. Appeals. erty in a manner reasonably similar to that of [Ordinance 3973, 9/27/93] other property in the district. The Variance Appeals to the Board may be taken by should be the minimum Variance that will any person aggrieved or by any officer, de- make possible the reasonable use of the land, uildi bng, or structure, and not be injurious to partment, board or bureau of the City of Wa- terloo affected by any decision of the City the surrounding landowners, or otherwise detrimental to the public welfare. In granting Planner or designee. Such appeal shall be taken within a reasonable time as provided any Variance, the Board of Adjustment may by the rules of the Board by filing with the prescribe appropriate conditions and safe City Planner or designee and with the Board guards in conformity with this Ordinance. Violat ions ons of such conditions and safeguards, of Adjustment a notice of appeal specifying when made a part of the terms under which the grounds thereof. The City Planner or des the Variance is granted, shall be deemed a ignee shall forthwith transmit to the Board all violation of this title and punishable as pro- papers constituting the record upon which vided herein. Under no circumstances shall • the action appealed from is taken. the Board of Adjustment grant a Variance to An appeal stays all proceedings in fur- allow for a use not permissible under the therance of the action appealed from, unless terms of this Ordinance in the District in- the City Planner or designee certified to the volved, or any use expressly or by implica- Board, after notice of appeal shall have been tion prohibited by the terms of this Ordinance filed with him, that by reason of the facts in the District. Variances granted involving stated in the certificate a stay would, in his any regulation of Chapter 22, Floodway and opinion, cause imminent peril to life or prop- Flood Plain Districts must meet the following erty. In such case, proceedings shall not be applicable standards: [Ordinance 5049, stayed other than by a restraining order 6/20/11] which may be granted by the Board or by a 1. No Variance shall be granted for any court of record on application of notice to the development within the Floodway City Planner or designee, and on due cause District which would result in any in- shown. crease in the 100-year level. Consid- C. Variances. eration of the effects of any develop- ment on flood levels shall be based The Board of Adjustment may authorize upon the assumption that an equal upon request in specific cases such Variances degree of development would be al- from the terms of this Ordinance that will not lowed for similarly situated lands. be contrary to the public interest, where ow- [Ordinance 3487, 6/15/87] ing to special conditions a literal enforcement of the provisions of this Ordinance will result 2. Variances shall only be granted upon in unnecessary hardship. Special conditions a. a showing of good and sufficient shall include, but not be limited to, a property cause; owner who can show that the property was acquired in good faith and where by reason b. a determination that failure to of exceptional narrowness, shallowness or grant the Variance would result in 178 CHAPTER 28 BOARD OF ADJUSTMENT 10-284 SPECIAL PI exceptional hardship to the appli- 2. The danger that materials may be cant;and swept onto other lands or down- c. a determination that the granting stream to the injury of others. of the Variance will not result in 3. The proposed water supply and sani- increased flood heights, additional tation systems and the ability of these threats to public safety, extraordi- systems to prevent disease, contami- nary public expense, create nui- nation and unsanitary conditions. sances, cause fraud on or victimi- 4. The susceptibility of the proposed fa- zation of the public or conflict cility and its contents to flood damage with existing local codes or ordi- and the effect of such damage on the nances. [Ordinance 5049, 6/20/11] individual owner. 3. Variances shall only be granted upon a determination that the Variance is 5. The importance of the services pro- the minimum necessary, considering vided by the proposed facility to the the flood hazard, to afford relief. community. 4. In cases where the Variance involves a 6. The requirements of the facility for a lower level of flood protection for flood plain location. buildings than what is ordinarily re- 7. The availability of alternative loca- quired by this Ordinance, the appli- tions not subject to flooding for the cant shall be notified in writing over purposed use. the signature of the City Planner or 8. The compatibility of the proposed use designee that: (1) the issuance of a with existing development and devel- Variance will result in increased pre- opment anticipated in the foreseeable mium rates for flood insurance up to future. amounts as high as $25 for $100 of in- surance coverage; and (2) such con- 9. The relationship of the proposed use struction increases risks to life and to the comprehensive plan and flood property. plain management program for the area. 5. All Variances granted shall have the concurrence or approval of the Iowa 10. The safety of access to the property in Department of Natural Resources times of flood for ordinary and emer- (IDNR). gency vehicles. 11. The expected heights, velocity, dura-D. Factors upon which the decision of the Board shall be based. tion, rate of rise and sediment trans- port of the floodwater expected at the In passing upon applications for Condi- site. tional Uses or requests for Variances involv- ing any regulation of Chapter 22, Floodway 12. The cost of providing governmental and Flood Plain Districts, the Board shall con- services during and after flood condi- sider all relevant factors specified in other lions, including maintenance and re sections of this Ordinance;and: pair of public utilities (sewer, gas, electrical and water systems), facili- 1. The danger to life and property due to ties, streets and bridges. [Ordinance increased flood heights or velocities 5049, 6/20/11] caused by encroachments. 13. Such other factors which are relevant to the purpose of this Ordinance. 179 CHAPTER 28 BOARD OF ADJUSTMENT 10-28-5 HEARING! E. Conditions Attached To Special A. Hearings. Permits, Conditional Uses Or Vari- ances. The Board of Adjustment shall give a rea- sonable time for the hearing on an appeal, Upon consideration of the factors listed Special Permit, or Variance, shall give public above, the Board may attach such conditions notice thereof and decide the same within a to the granting of Special Permits, Condi- reasonable time. At the hearing any party tional Uses or Variances as it deems may appear in person or by agent, or by at- necessary to further the purpose of this torney. Before a request is filed with the Ordinance. Such conditions may include, but Board of Adjustment, the appellant shall pay not necessarily be limited to: to the City Treasurer to be credited to the general fund of the City of Waterloo a filing 1. Modification of waste disposal and fee in accordance with the Schedule of Fees,water supply facilities. as adopted by resolution by the City Council. 2. Limitation on periods of use and op- eration. B. Decisions. 3. Imposition of operational controls, [Ordinance 3973, 9/27/93] sureties, and deed restrictions. In exercising the above-mentioned pow- 4. Requirements for construction of ers, the Board may, in conformity with the channel modifications, dikes, levees, provisions of law, reverse or affirm,wholly or partly, or modify the order, requirement, de and other protective measures, pro- vided such are approved by the Iowa cision, or determination as it believes proper, Department of Natural Resources and to that end shall have all powers of the (IDNR) and are deemed the only prac- City Planner or designee. The concurring tical alternative for achieving the pur- vote of three of the members of the Board poses of this Ordinance. shall be necessary to reverse any order, re- quirement, decision, or determination of the 5. Flood proofing measures shall be de- City Planner or designee, or to decide in favor signed consistent with the flood pro- of the applicant on any matter upon which it tection elevation for the particular ar- is required to pass under this Ordinance; ea, flood velocities, duration, rate of provided, however, that the action of the rise, hydrostatic and hydrodynamic Board shall not become effective until after forces, and other factors associated the resolution of the Board, setting forth the with the regulatory flood. The Board full reason for its decision and the vote of of Adjustment shall require that the each member participating therein, has been applicant submit a plan or document spread upon the minutes. Such resolution, certified by a registered professional immediately following the Board's final deci- engineer that the flood proofing sion, shall be filed in the office of the Board, measures are consistent with the regu- and shall be open to public inspection. latory flood protection elevation and associated flood factors for the par- C. Appeals to the Court. titular area. [Ordinance 3487, 6/15/87] Any person or persons, jointly or sepa- rately, aggrieved by any decision of the Board 10-28-5 HEARINGS AND DECISIONS of Adjustment may present to a court of re- OF THE BOARD OF cord a petition, duly verified, setting forth ADJUSTMENT. that such decision is illegal, in whole or in [Ordinance 3393, 6/10/85] part, specifying the grounds of the illegality. Such petition shall be presented to the court 180 CHAPTER 29 PLANNING,PROGRAMMING,AND ZONING COMMISSION 10-28-5 HEARINGS within thirty days after the filing of the deci- 10-29-3 POWERS AND DUTIES. sion in the Office of the Board. The Planning, Programming, and Zoning Commission shall hold the following powers and discharge the following duties under this CHAPTER 29 Ordinance: PLANNING, PROGRAMMING, A. Make or cause to be made such sur- veys, studies,maps, plans, or charts of AND ZONING COMMISSION the whole or any portion of the City, and of any land outside thereof, 10-29-1 APPOINTMENT-MEMBERSHIP. which, in the opinion of such Com- mission, bears relation to the Com- A Planning, Programming, and Zoning prehensive Plan and program for de- Commission is hereby established which shall velopment of the City, and shall sub- consist of six (6) members from the City at mit these studies to the City Council. large and one member of each of the follow- The Commission may publish its ing boards and commissions of the City: studies and recommendations. Community Development Board, Human B. Review all plans, plats, or re-plats of Rights Commission, and Waterloo School Board. The term of office of the members of subdivision or re-subdivision of land the Commission who are appointed by the embraced in the City or adjacent other boards and commissions shall coincide thereto, laid out in lots or plats with with their term of office on said board or streets, alleys or other portions of the commission. The members of the Commis- same intended to be dedicated to the sion from the City at large shall serve a term public in the City and all proposals for of office of three (3) years. Any Commission the vacation of a street, alley or public member can be removed for cause by the City ground as required by the Subdivision Council. Vacancies shall be filled for the un Ordinance, or requests to vacate an of- expired term of any member whose term be- ficial plat or a portion of an official comes vacant. plat, or the vacation of any public easement. 10-29-2 RULES -MEETINGS - GENERAL C. For the purpose of making a Compre- PROCEDURE. hensive Plan and program for the The Commission shall adopt rules in ac- physical development of the City, the cordance with the provisions of this Ordi- Commission shall make careful and nance. Meetings of the Commission shall be comprehensive studies of present held at the call of the Chairman and at such conditions and future growth of the other times as the Commission may deter- City with due regard to its relation to mine. All meetings of the Commission shall neighboring territory. The plan shall be open to the public. The Commission shall be made with the general purpose of keep minutes of its proceedings, showing the guiding and accomplishing a coordi- vote of each member upon each question, or nated, adjusted and harmonious de- if absent or failing to vote, indicating such velopment of the City and its environs fact, and shall keep records of its examina- which will, in accordance with present lions and other official actions, all of which and future needs, best promote shall be filed in the office of the Commission health, safety, order, convenience, and shall be a public record. prosperity and general welfare, as well as efficiency and economy in 181 CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. process and development. Any and all Planner, or designee, stating that the building plans and programs for the physical and use comply with the provision of this development of the City existing prior Ordinance and the building and health ordi- to the effective date of this Ordinance nances of the City of Waterloo. No change of shall remain effective until revised or use shall be made in any building or part incorporated by a plan adopted ac- thereof, now or hereafter erected or structur- cording to this Section. ally altered, without a permit being issued D. Hold at least one (1) public hearing therefore by the Building Official, City Plan ner, or designee. No permit shall be issued to before the adoption of any such Com- make a change unless the changes are in con- prehensive Plan or amendment there- formity with the provisions of this Ordinance. to. The adoption of the Plan or amendment shall be by resolution of Nothing in this part shall prevent the con- the Commission carried by the af- tinuance of a non-conforming use as herein- firmative vote of not less than two- before authorized, unless a discontinuance is thirds (2/3) of the members in the necessary for the safety of life or property. case of adoption of a Comprehensive A certificate of occupancy shall be re- Plan and by simple majority of the quired of all non-conforming uses. Applica- members in the case of an amendment tion for certificate of occupancy for noncon- to anadopted Plan. forming uses shall be filed within twelve (12) E. Hold at least one (1) public hearing months after the date of non-conformity, ac- before any action on requests to companied by affidavits of proof that such change the zoning regulations or dis- non-conforming use was not established in trict boundaries. violation of Ordinance No. 1734 or amend- F. Review and provide recommendation ments thereto. on all Special Permits prior to Board B. Flood Plain Development Permit. of Adjustment review. A Flood Plain Development Permit issued G. Review and provide recommendation by the City Planner or designee shall be se- on such other matters as the staff or cured prior to initiation of any flood plain City Council shall find it advisable or development (any manmade change to im- essential to receive consideration by proved and unimproved real estate, includ- the Commission. ing but not limited to buildings or other structures, mining, filling, grading, paving, CHAPTER 30 excavation or drilling operations), including OTHER PERMITS the placement of factory-built homes. [Ordi- nance 5049, 6/20/11] 10-30-1 PERMITS. 1. Application for a Flood Plain Devel- [Ordinance 3393, 6/10/85] opment Permit shall be made on forms supplied by the City Planner or A. Occupancy Permits, designee and shall include the follow- [Ordinance 3973, 9/27/93] ing information: [Ordinance 3973, 9/27/93] No land shall be occupied or used, and no building hereafter erected or structurally al- a. Description of the work to be cov- tered shall be occupied or used in whole or in ered by the permit for which ap- part for any purpose whatsoever, until a cer- tificate is issued by the Building Official, City 182 CHAPTER 30 OTHER PERMITS 10-30-1 PERMITS. b. Description of the land on which prior to the use or occupancy of any the proposed work is to be done structure. (i.e., lot, block, tract, street address 3. All uses or structures in the Flood- or similar description) that will way, Floodway Fringe, General Flood readily identify and locate the Plain, and Shallow Flooding Districts work to be done. requiring Special Permits shall be al- c. Indication of the use or occupancy lowed only upon application to the for which the proposed work is in- City Planner or designee, with issu- tended. ance of the Special Permit by the d. Elevation of the 100-year flood. Board of Adjustment. Petitioners shall include information ordinarily e. Elevation (in relation to North submitted with applications as well as American Vertical Datum 1988) of any additional information deemed the lowest floor (including base- necessary by the Board of Adjust- ment) of buildings or of the level ment. Where required, approval of to which a building is to be flood- the Iowa Department of Natural Re- proofed. sources shall precede issuance of the f. For buildings being improved or Special Permit by the Board of Ad- rebuilt, the estimated cost of im- justment. [Ordinance 3973, 9/27/93] provements and market value of C. Floodproofing Measures. the building prior to the im- provements. Floodproofing measures shall be de- signed consistent with the flood protection g. Such other information as the City elevation for the particular area, flood veloci- Planner or designee deems rea- ties, durations, rate of rise, hydrostatic and sonably necessary for the purpose hydrodynamic forces, and other factors asso- of this Ordinance. ciated with the regulatory flood. The Board 2. Flood Plain Development Permits is- of Adjustment shall require that the applicant sued on the basis of approved plans submit a plan or document certified by a reg- and applications authorize only the istered professional engineer that the flood- use, arrangement and construction set proofing measures are consistent with the forth in such approved plans and ap- regulatory flood protection elevation and as- plications and no other use, arrange- sociated flood factors for the particular area. ment or construction. Any use, ar- Such floodproofing measures may include, rangement, or construction at variance but are not necessarily limited to the follow- with that authorized shall be deemed ing: a violation of this Ordinance and shall 1. Anchorage to resist flotation and lat- be punishable as provided within this eral movement. Ordinance. The applicant shall be re- quired to submit certification by a 2. Installation of watertight doors, bulk- heads, and shutters, or similar meth- professional engineer or land sur veyor, as appropriate, registered in ods of construction. the State of Iowa, that the finished fill, 3. Reinforcement of walls to resist water building floor elevations, floodproof- pressures. ing, or other flood protection meas- 4. Uses of paints,membranes,or mortars ures were accomplished in compliance to reduce seepage of water through with the provisions of this Ordinance walls. 183 CHAFFER 30 OTHER PERMITS 10-30-1 PERMITS. 5. Addition of mass or weight structures 3. Construction, operation and mainte- to resist flotation. nance of dams and impounding struc- 6. Installation of pumps to lower water tures in the following instances: levels in structures. a. Any dam designed to provide 7. Construction of water supply and permanent storage in excess of waste treatment systems so as to pre eighteen(18) acre-feet. vent the entrance of floodwaters. b. Any dam which has a height of 8. Pumping facilities or comparable ten (10) feet or more and is de practices for subsurface drainage sys- signed to temporarily store more tems for building to relieve external than five (5) acre-feet at the top of foundation wall and basement flood dam elevation, or impounds a pressures. stream draining two (2) or more square miles. 9. Construction to resist rupture or col- 4. Construction, operation and mainte- lapse caused by water pressure or floating debris. nance of any levee or dike along any stream or river draining more than 10. Installation of valves or controls on two (2) square miles. sanitary and storm drains which will 5. Waste or water treatment facilities on permit the drains to be closed to pre vent backup of sewage and storm wa- the flood plains of any river or stream ters into the buildings or structures. draining more than two (2) square miles. 11. Location of all electrical equipment, circuits and installed electrical appli- ances in a manner which will assure nance of any sanitary landfill located they are not subject to flooding. on a flood plain or floodway of any river or stream draining more than D. Iowa Department of Natural Re- two (2) square miles at the landfill sources- Required Developmental site. Approval. 7. Construction, operation and mainte- In addition to the Variance and Special nance of any pipeline crossings on any Permit (Conditional Uses), approval by the river or stream draining more than Iowa Department of Natural Resources two (2) square miles. (IDNR) is required for, but not limited to, the 8. Stream bank protective devices as fol- following types of projects: [Ordinance 3973, lows: 9/27/93] a. Stream bank protective devices 1. Bridges, culverts, temporary stream along any river or stream draining crossings, road embankments in or on more than one hundred (100) floodway of any river or stream drain- square miles. ing more than two (2) square miles. b. Stream bank protective devices 2. Construction, operation and mainte- along any river or stream draining nance of channel alterations on any between two (2) and one hundred river or stream draining more than (100) square miles where the cross two (2) square miles. sectional area of the river or stream channel is reduced more than three percent (3%). 184 CHAP1 LR 31 SITE PLANS 10-31-1 SITE PLANS. 9. Excavation on the floodway of any be presented to the Council a petition stream draining more than two (2) requesting such change or amend- square miles. ment, clearly describing the property 10. Boat docks located on any river or and its boundaries as to which the stream (other than a lake) other than change or amendment is desired, duly exempted non-floating boat docks signed by the owners of fifty (50) per- permitted by the Iowa Conservation cent of the area of all real estate in- Commission. cluded within the boundaries of said tract as described in said petition. A CHAPTER 31 plat shall be submitted showing the name, and address of the owners of SITE PLANS record as found in the County Asses- sor's records of all property lying 10-31-1 SITE PLANS. within two hundred fifty (250) feet of Each application for a building permit the boundaries of the proposed prop- shall be accompanied by a site plan in dupli- erty to be rezoned. Owners of record cate drawn to scale, showing the actual di- shall be considered the person or en- mensions of the lot to be built upon, the size, tity listed as the "tax mail to" contact shape and location of the building to be erect- from the records of the County Asses- ed and such other information as may be nec- sor and shall not include any road as essary to provide for the enforcement of this defined herein or private parcel not- Ordinance. A record of application and site recognized in the records of the Coun- plans shall be kept in the office of the inspec- ty Assessor. The Commission shall, tor of buildings. upon receipt of said petition and plat, notify by mail all parties concerned as CHAPTER 32 shown on said plat of a hearing to be held by said Commission. The notice AMENDMENTS of hearing shall be mailed at least ten [Ordinance 2903, 7/11/77] (10) days prior to the hearing and [Ordinance 3102, 9/22/80] shall contain a general description of the proposed property to be rezoned 10-32-1 AMENDMENTS. and the present and proposed zoning classification. The Commission may, A. The City Council may, from time to upon the unanimous approval of the time, on its own action or on petition, members present at a regular meeting, after public notice and hearings as suspend the above hearing require- provided by law, and after report by ment and initiate the rezoning re- the Commission, amend, supplement, quest. or change the boundaries or regula- tions herein or subsequently estab- C. In case the proposed amendment, lished, and such amendment shall not supplement or change be disapproved become effective except by the favor- by the Commission or a protest be able vote of a majority of all the mem- presented duly signed by the owners bers of the City Council. of twenty percent (20%) or more ei- ther of the area of land included in B. Whenever any person, firm or corpo- such proposed change or the land in ration desires that any amendment, or cluded in such proposed change, change be made in this Ordinance as within two hundred (200) feet of the to any property in the City, there shall boundary of such proposed change, 185 CHAPTER 32 AMENDMENTS 10-32-2 VIOLATION AND PENALTIES. such amendment shall not become ef- may impose conditions on a property fective except by favorable vote of at which are in addition to existing regu- least three-fourths (3/4) of all the lations if the additional conditions members of the Council. Whenever have been agreed to in writing by the any petition for an amendment, sup- property owner before the public plement or change of the zoning regu- hearing of the City Council or any ad- lations herein contained or subse- journment of that hearing. The condi- quently established shall have been lions must be reasonable and imposed denied by the City Council, no new to satisfy public needs which are di- petition covering the same property or rectly caused by the requested change the same property and additional in zoning district or Site Plan property or any portion of the same Amendment. Said conditions shall be property shall be filed with or consid- listed on the ordinance or resolution ered by the Commission until four (4) approving such change. months shall have elapsed from the date of denial by the City Council. 10-32-2 VIOLATION AND PENALTIES. [Ordinance 3747, 10/8/90] For purposes [Ordinance 3642, 5/1/89] of this Section, a proposed amend- [Ordinance 4456, 1/22/01] ment, supplement or change shall in- dude any major Site Plan Amend- A. Any person,firm, or corporation who vio- ment. lates, disobeys, omits, neglects, or refuses to comply with or who resists the en- No amendment, supplement, change forcement of any of the provisions of this or modification to the flood plain Ordinance shall be guilty of a municipal overlay district boundaries and regu- infraction and be subject to a civil penalty lations shall be undertaken without in the amount of: prior approval from the Department of Natural Resources. [Ordinance 3393, Two Hundred Dollars ($200.00) for 6/10/85] the first offense; D. Before any action shall be taken as Five Hundred Dollars ($500.00)for the provided in this part, the party or par-. second offense; and ties proposing or recommending a Seven Hundred and Fifty Dollars change in the district regulations or ($750.00) for each subsequent offense; district boundaries shall deposit with the City Treasurer a filing fee in ac- in addition to all of the remedies available cordance with the Schedule of Fees, as under Iowa Code 364.22 (1999) and any amendments thereto, including but not adopted by resolution by the City limited to ordering the defendant to abate Council, to cover the costs of this pro- orcedure and under no condition shall cease the violation, authorizing the said sum or any part thereof be re- City to abate or correct the violation, and funded for failure of said amendment ordering that the City's costs for abate to be enacted into law. Ordinance ment or correction of the violation be en- 3889, 9/14/92] [Ordinance 4841, tered as a personal judgment against the 10/16/06] defendant, assessed against the property where violation occurred, or both. [Ordi- E. As part of an ordinance changing land nance 4456, 1/22/01] In addition to the from one zoning district to another penalties stated above, an administrative zoning district, or approval of a Site fee of one hundred dollars ($100.00) will Plan Amendment, the City Council be charged for the second offense occur- 186 CHAI'I ER 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-32-3 ENFORCEMENT. ring within one (1) year, and for addi- Fees pertaining to permits and actions re- tional offenses occurring within one (1) quired by this Ordinance shall be in accor- year the administrative fee shall be three dance with the Schedule of Fees, as adopted hundred dollars ($300.00) for each addi- by resolution by the City Council. A copy of tional offense. Notice of the administra- the Schedule of Fees shall be on file in the five fee, and procedures for payment, as- office of the City Planner. sessment, and appeal of same, shall be as set forth in section 1-3-2E of the Waterloo CHAPTER 33 Code of Ordinances. DUTIES AND B. Each day that a violation is permitted to RESPONSIBILITIES OF THE exist shall constitute a separate offense. CITY PLANNER OR OFFICIAL C. The City Planner or designee is hereby designated and orderedDESIGNEE gn to enforce this Ordinance. [Ordinance 3973, 9/27/93] [Ordinance 3393, 6/10/85] 10-32-3 ENFORCEMENT. 10-33-1 INFORMATION TO BE In case any building or structure is erect OBTAINED OR MAINTAINED. ed, constructed, reconstructed, altered, re- A. It shall be the responsibility of the paired, converted or maintained, or any City Planner or his or her official des- building, structure or land is used in violation ignee to: [Ordinance 3973, 9/27/93] of this Ordinance, the Building Official, City Planner, or designee, in addition to other 1. Review all flood plain develop- remedies, shall institute any proper action or sure permit applications to en- his proceedings in the name of the City of Water sure that the provisions of this loo, Iowa, to prevent such unlawful erection, Ordinance will be satisfied. construction, reconstruction, alteration, re- 2. Review all flood plain develop- pair, conversion, maintenance, or use, to re- ment permit applications to en- strain, correct or abate such violation, to pre- sure that all necessary permits vent the occupancy of said building, structure have been obtained from Federal, or land, or to prevent any illegal act, conduct, State or local governmental agen- business, or use in or about said premises. cies. [Ordinance 3973, 9/27/93] 3. Obtain and record the actual ele- 10-32-4 VALIDITY. vation (in relation to mean sea level) or the lowest floor (includ- Should any section or provision of this ing basement) of all new or sub- Ordinance be declared by a court of compe- stantially improved structures, tent jurisdiction to be invalid, that decision whether or not the structure con- shall not affect the validity of the Ordinance tains a basement. as a whole or any part thereof, other than the part so declared to be invalid. 4. For all new substantially im- part proved flood-proofed structures: 10-32-5 FEES. a. Verify and record the actual [Ordinance 3085, 5/19/80] elevation (in relation to mean [Ordinance 3889, 9/14/92] sea level);and [Ordinance 4630, 8/4/03] 187 CI-A]'I hR 33 DUTIES AND RESPONSIBILITIES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-33-1 INFORMA1 b. Maintain the flood-proofing certifications required in Sec- tion 10-30-1(B)(2). 5. Maintain for public information all records pertaining to the provi- sions of this Ordinance. 6. Submit to the Federal Insurance Administrator an annual report concerning the community's par- ticipation in the National Flood Insurance Program. 7. Review subdivision proposals to ensure such proposals are consis- tent with the purpose of this Or- dinance and advise the City Council of potential conflicts. 8. Notify adjacent communities and/or counties and the Iowa De- partment of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifica- tions to the Federal Insurance Administrator. [Ordinance 3973, 9/27/93] 9. Notify the Federal Insurance Ad- ministration of any annexations or modifications to the City's bound- aries. 188 CHAPTER 33 DUTIES AND RESPONSIBILmES OF THE CITY PLANNER OR OFFICIAL DESIGNEE 10-33-1 INFORMA1 ORDINANCE NO. 5079 PASSED AND ADOPTED THIS 17 H DAY OF OCTOBER, 2011. /s/ Ernest G. Clark,Mayor ATTEST: /s/ Suzy Schares,City Clerk Passed first reading on October 10,2011 Passed second reading October 17,2011 Passed third reading on October 17, 2011 Adopted on October 17,2011 Published in The Courier on November 3,2011 189 Council Work Sessions June 11, 2012 Times as indicated below Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:00 p.m. Regulation of off road utility vehicles—Submitted by Daniel J. Trelka, Director of Safety Services. 4:15 p.m. Housing Protections for Victims of Domestic Violence; Unfair or Discriminatory Use of Criminal Record in Employment Decisions; Development and Implementation of Human Rights Training Academy; Summer Harmony Day Submitted by Abraham Funchess, Jr., Human Rights Director. 4:35 p.m. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and Amendment to Code of Ordinances to update the regulations on drive-up windows Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk n CITY OF WATERLOO , IOWA WATERLOO COMMISSION ON HUMAN RIGHTS � 620 Mulberry St. • Waterloo,IA 50703 • (319)291-4441 • Fax(319)291-4295 .... ABRAHAM L.FUNCHESS,JR. • Executive Director °�r�'rloo Mayor BUCK Y CLARK Thursday, June 7, 2012 COUNCIL MEMBERS Dear Mayor/City Council Members: DAVID Please note the packet of information for your review in preparation for the Work JONES Session on Monday, June 11, with Waterloo Commission on Human Rights. You Ward Ishould find the following: CAROLYN COLE • Talking Points for Waterloo Commission on Human Rights Ward 2 • Explanation outline of WCHR Training Academy; HAROLD • Housing Protections for Victims of Domestic Violence; GETS • Highlights of EEOC's New Criminal Record Guidance (April 26, 2012); Ward 3 • EEOC Enforcement Guidance QUENTIN HART Hopefully, you will find all these pieces helpful for creative dialogue and eventual Ward 4 approval of the two ordinance recommendations concerning: (1) Housing RON protections for Victims of Domestic Violence, and (2) Unfair and Discriminatory WELPER Use of Criminal Record. Ward 5 BOB Resp tfully GREENWOOD At-Large STEVE ah L. Funchess, Jr. SCHMITT At-Large Enclosures CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Talking Points for Waterloo Commission on Human Rights, Clark Administration • Thanks to internal process changes, additional team support, and renewed team spirit, we are now eliminating our EEOC backlog; in fact, we have successfully cut our backlog by 90%, while maintaining high standards of care and justice for our complainants; • Fortunately, our budget has not been diminished at all for FY2013 (July 1, 2012—June 30, 2013), allowing status quo operational capacity; • We have received an additional HUD grant of $66,000 in Partnership Funding, which allows us the possibility to increase staffing for the express purpose of affirmatively furthering fair housing education; • Unofficially, we have learned that the approval of our EEOC application is imminent, which will mark the first time in Waterloo Commission on Human Right's history that such a relationship with EEOC was even attempted. When granted/approved, this will allow WCHR the opportunity to do more on behalf of our constituency, via increased staffing and more education outreach; • We have recovered over $300,000 in economic relief for our complainants over the last 18 months—this is a 5000% increase over the last decade leading up to June 2010; • We continue to engage in meaningful education outreach activity (like education, domestic violence and criminal justice reform), while ensuring that our primary WCHR tasks complaint processing remain on target; • All of this activity allows us to entertain a realistic discussion about expanding our jurisdiction beyond Waterloo to all of Black Hawk County, giving us an opportunity to expand our constituency base and extend the safety net of care and justice Waterloo Commission on Human Rights Training Academy • To educate the community about the WCHR, its history, structure and staffing levels, how Commissioners are selected, budget caseload and how the WCHR compares to other local Commissions in the state; • To educate the community about human and civil rights, including Housing Discrimination and the Fair Housing Act, the federal Civil Rights Act, the ADA, the Iowa Civil Rights Act, and Municipal Code 4086, and other civil rights laws; • To educate the community about the protected classes under the various civil rights Syllabus • Pretest, Post-test, WCHR History • Sessions o Race, Color National Origin o Sex, Pregnancy, Familial Status, Marital Status o Sexual Orientation, Gender Identity o Age, Retaliation o Mental and Physical Disability o Religion, Creed o Fair Housing Act o Criminal Record o Domestic Violence, Housing How We Do It o Director and Staff Oversee Program o After Inaugural year, Offered Twice a Year o No Charge for Attendees o "Graduation"held at a WCHR meeting AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, is hereby enacted as follows: TITLE 5 CHAPTER 3 HUMAN RIGHTS ARTICLE B. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE 5-3B-1: DEFINITIONS DOMESTIC VIOLENCE: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Iowa or the City of Waterloo, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the State of Iowa or the City of Waterloo. DATING VIOLENCE: Means felony or misdemeanor crimes of violence committed: (A) by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii)the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. STALKING: Means (A)(i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or (ii) to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and (B) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) an immediate family member of that person; or(iii) the spouse or intimate partner of that person. IMMEDIATE FAMILY MEMBER: Means, with respect to a person: (a) a parent, sibling, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or (B) any other person living in the household of that person and related to that person by blood, marriage or adoption. BIFURCATE: Means to divide the lease as a matter of law so that certain tenants can be evicted or removed while the remaining tenant's or family member's lease and occupancy rights are allowed to remain intact. LANDLORD: Any person or entity who owns, manages, or makes decisions regarding tenant matters for residential rental property within the City of Waterloo. 5-3B-2: PROHIBITED ACTS BY LANDLORDS It shall be unlawful for any landlord to do any of the following, except as otherwise provided in this Code: A. Decline a rental application of a potential tenant, or evict a current tenant or occupant, for any grounds related to said person being a victim of domestic violence, dating violence or stalking. B. Construe any incident or incidents of actual or threatened domestic violence, dating violence or stalking to be a serious or repeated violation of the lease, or as otherwise "good cause" for terminating the tenancy or occupancy rights of the victim of abuse, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. C. Terminate the tenancy or occupancy rights of a victim due to criminal activity directly related to the domestic violence, dating violence or stalking of which such person is the victim, even if the criminal activity is engaged in by a member of a tenant's household or any guest or other person under the tenant's control, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. 5-3B-3: CERTIFICATION OF VICTIM STATUS A. In response to an incident of actual or threatened domestic violence, dating violence, or stalking that could potentially have an impact on a person's occupancy rights, the landlord may request in writing that the tenant or victim complete, sign, and within fourteen (14) business days submit a written certification, signed under penalty of perjury, which answers the following questions: 1. Date writ-ten request is received from owner or management agent; 2. Name of victim; 3. Name of person completing certification, if different; 4. Name(s) of other family members listed on the lease; 5. Name of the abuser and relationship of the abuser to the victim; 6. Date, time and location of incident; and 7. A description of the incident. B. Alternatively, landlords may choose to forego the certification in subsection A and, at his or her discretion, provide assistance to tenants, occupants or 2 prospective tenants based solely on the individual's statement or other corroborating evidence, without any official documentation or physical proof. 5-3B-4: LEASE BIFURCATION If the domestic violence, dating violence or stalking is being committed by a co-tenant of the victim, a landlord may bifurcate the lease to remove the offender while still allowing the victim to remain a tenant or occupant in the residence. 5-3B-5: RIGHTS AND RESPONSIBILITIES OF TENANTS A. For any tenant, occupant or prospective tenant to be eligible for the protections described in this Article, he or she must fully comply with any requirements imposed by a landlord under section 5-3B-3. B. A person's status as a victim under this Article does not preclude said tenant or occupant from eviction from his or her residence for any reason. Specifically, a victim can still face eviction for reasons including, but not limited to: 1. Engaging in criminal activity apart from the domestic violence, dating violence or stalking at issue in this Article; 2. Posing an actual and imminent threat to other tenants or those employed at or providing services to the property; 3. Violating any term or provision of the lease agreement, provided that the reason for the violation of the term or provision is not directly related to the person's victimization by domestic violence, dating violence or stalking. PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk 3 HELPCOMMUNITY LEGAL SERVICES Kauai IawProuct Highlights of EEOC's New Criminal Record Guidance April 26,2012 In bi-partisan fashion (by a vote of 4 to 1), the U.S. Equal Employment Opportunity Commission (EEOC) issued a revised guidance on the application of Title VII to criminal records on April 25, 2012. The new guidance, which supersedes the original version issued in 1987, can be found at http://www.eeoc.gov/laws/guidance/arrest conviction.cfm. The thorough review and analysis by the EEOC confirms the core principles present in the earlier guidances, including: > The presumption that criminal record policies have a disparate impact based on race and national origin, for purposes of EEOC investigation of criminal record charges (page 10); > The three "business necessity" factors(age of the offense, seriousness of the offense, and the relationship to the job) contained in the EEOC's 1987 convictions policy(page 15); > The conclusion that across-the-board exclusions usually violate Title VII (page 16); and > The prohibition against considering arrests that have not led to convictions (page 12). Indeed, the new guidance in many respects simply updates and clarifies prior law and policy. Nevertheless, the new guidance is enormously important, for both employers and workers because it updates and clarifies the EEOC standards. The following five features are the most notable changes. 1. The policy provides more direction and information to the public. a) It provides numerous illustrative examples. Employers and workers will better understand what common practices might violate the law. For instance, the following scenarios are described as potentially violating Title VII: 1 • Firing existing employees with no performance or safety issues because a new employer taking over a business learns of a record when conducting background checks of the workforce (Example 8)(page 20). • On line applications that kick people out when they indicate that they have a criminal record(Example 5) (page 16). Whereas the following scenario is likely not a violation of Title VII: • Firing an existing employee based on an investigation of allegations of job-related misconduct that led to a pending case, and the firing is based on the underlying conduct, not the fact of the arrest(Example 4) (page 13). b) It identifies best practices that employers can pursue(pages 25-26). c) It pulls together the social science and legal research for the general public(and satisfies the stated desire for a better supported policy by the court in El v. SEPTA,479 F.3d 232 (3d Cir. 2007)) (see lengthy endnotes from pages 27-52)and includes helpful background information (pages 4- 6). 2. Unlike the old policy, the new policy provides guidance on how employer criminal record policies should be designed to comply with Title VII. See especially Example 7 on pages 18-19. a) It points employers to the relatively new social science research on "desistance," so that they have assistance in designing their policies. b) It emphasizes that employers should distinguish between different jobs and different offenses and provide time limits for disqualifications. c) It recommends that employers consider individual circumstances. 3. The policy looks in depth at how an applicant's individual circumstances should be considered, in addition to the three business necessity factors described above. a) It identifies the factors that ought to be considered (page 18). Examples are employment history, rehabilitation, and older age at the time of conviction. These factors are also supported by social science research, and most are not addressed in the prior guidance. This list should be helpful for both employers and workers. 2 b) It also recommends the process by which these individual circumstances should be considered. The three steps are: (1) employer notification to the applicant that he may be rejected based on his criminal record; (2)an opportunity for an applicant to respond; (3) employer consideration of what the applicant has said in his own behalf(page 18). 4. The policy endorses as a best practice the fair hiring process adopted in many states and cities, which removes the criminal background check from the job application and delays the inquiry until later in the hiring process(pages 13- 14). Indeed, postponing the background check should limit the number of candidates for whom individualized assessments are needed. 5. The policy explains how Title VII interacts with other laws—a complex legal issue not addressed by the prior policies. a) This is not new law, either. Federal laws generally preempt inconsistent state laws, and Title VII has been held by the Supreme Court to do so. States can't have overbroad laws that cause discrimination.' EEOC's policy simply describes this general principle in the criminal record context. b) Legislators cannot enact overbroad state and local laws that restrict employment of people with criminal records. They must consider the same Title VII job relatedness and business necessity rules that employers do. If an employer policy would otherwise violate Title VII, the fact that an employer adopts the policy to comply with state or local law does not shield it from liability(page 24). Overall,EEOC's new guidance is a very welcome development. Its issuance educates employers who have not known about or complied with the law. It gives workers who have made mistakes another chance to participate in the workforce and support their families and themselves. EEOC is to be commended for its leadership on this crucial civil rights issue. International Union v.Johnson Controls,499 U.S. 187,210(1991)(finding"fetal protection" policies barring women of childbearing age from job involving lead exposure to be preempted by Title VII). 3 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 1 of 46 xE `cnswr Espanol I Other Languages IA U.S. Equal Employment rl Opportunity Commission Enter search terms... Search �q . Home About EEOC Employees&Applicants Employers Federal Agencies Contact Us Home>Laws,Regulations&Guidance>Guidance In GZ Number 915.002 EEOC Enforcement Guidance Date 4/25/2012 1. SUBJECT: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. 2. PURPOSE:The purpose of this Enforcement Guidance is to consolidate and update the U.S. Equal Employment Opportunity Commission's guidance documents regarding the use of arrest or conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended, 42 U S.C. §2000e et seq. 3. EFFECTIVE DATE: Upon receipt 4. EXPIRATION DATE: This Notice will remain in effect until rescinded or superseded. 5. ORIGINATOR: Office of Legal Counsel. Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 Table of Contents I. Summary II. Introduction III. Background A. Criminal History Records http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 • Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 2 of 46 B. Employers' Use of Criminal History Information C. The EEOC's Interest in Employers' Use of Criminal Records in Employment Screening IV. Disparate Treatment Discrimination and Criminal Records V. Disparate Impact Discrimination and Criminal Records A. Determining Disparate Impact of Policies or Practices that Screen Individuals Based on Records of Criminal Conduct 1. Identifying the Practice or Policy 2. Determining Disparate Impact B. Job Related for the Position in Question and Consistent with Business Necessity 1. Generally 2. Arrests 3. Convictions 4. Determining Whether a Criminal Conduct Exclusion Is Job Related and Consistent with Business Necessity 5. Validation 6. Detailed Discussion of the Green Factors and Criminal Conduct Screens a. The Nature and Gravity of the Offense or Conduct b. The Time that Has Passed Since the Offense. Conduct and/or Completion of the Sentence c. The Nature of the Job Held or Sought 7. Examples of Criminal Conduct Exclusions that Do Not Consider the Green Factors 8. Targeted Exclusions that Are Guided by the Green Factors 9. Individualized Assessment C. Less Discriminatory Alternatives VI. Positions Subject to Federal Prohibitions or Restrictions on Individuals with Records of Certain Criminal Conduct A. Hiring in Certain Industries B. Obtaining Occupational Licenses C. Waiving or Appealing Federally Imposed Occupational Restrictions D. Security Clearances E. Working for the Federal Government VII. Positions Subject to State and Local Prohibitions or Restrictions on Individuals with Records of Certain Criminal Conduct http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/1 v')ni Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 3 of 46 VIII. Employer Best Practices I. Summary • An employer's use of an individual's criminal history in making employment decisions may, in some instances,violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended. • The Guidance builds on longstanding court decisions and existing guidance documents that the U.S. Equal Employment Opportunity Commission (Commission or EEOC) issued over twenty years ago. • The Guidance focuses on employment discrimination based on race and national origin.The Introduction provides information about criminal records, employer practices, and Title VII. • The Guidance discusses the differences between arrest and conviction records. • The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question. • In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision. • The Guidance discusses disparate treatment and disparate impact analysis under Title VII. • A violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin (disparate treatment liability). • An employer's neutral policy(e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity(disparate impact liability). ■ National data supports a finding that criminal record exclusions have a disparate impact based on race and national origin. The national data provides a basis for the Commission to investigate Title VII disparate impact charges challenging criminal record exclusions. • Two circumstances in which the Commission believes employers will consistently meet the"job related and consistent with business necessity"defense are as follows: • The employer validates the criminal conduct exclusion for the position in question in light of the Uniform Guidelines on Employee Selection Procedures(if there is data or analysis about criminal conduct as related to subsequent work performance or behaviors); or • The employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job (the three factors identified by the court in Green v. Missouri Pacific Railroad, 549 F.2d 1158(8th Cir. 1977)). The employer's policy then provides art opportunity for an individualized http://www.eeoc.gov/laws/guidance/arrest conviction.cfm cil crini Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 4 of 46 assessment for those people identified by the screen, to determine if the policy as applied is job related and consistent with business necessity. (Although Title VII does not require individualized assessment in all circumstances, the use of a screen that does not include individualized assessment is more likely to violate Title VII.). • Compliance with other federal laws and/or regulations that conflict with Title VII is a defense to a charge of discrimination under Title VII. • State and local laws or regulations are preempted by Title VII if they"purport[]to require or permit the doing of any act which would be an unlawful employment practice"under Title VII.42 U.S.C. § 2000e-7. • The Guidance concludes with best practices for employers. II. Introduction The EEOC enforces Title VII of the Civil Rights Act of 1964 (Title VII)which prohibits employment discrimination based on race, color, religion, sex, or national origin.'This Enforcement Guidance is issued as part of the Commission's efforts to eliminate unlawful discrimination in employment screening, for hiring or retention, by entities covered by Title VII, including private employers as well as federal, state, and local governments. In the last twenty years, there has been a significant increase in the number of Americans who have had contact with the criminal justice system"-and, concomitantly, a major increase in the number of people with criminal records in the working-age populations In 1991, only 1.8% of the adult population had served time in prison. After ten years, in 2001, the percentage rose to 2.7% (1 in 37 adults).'-By the end of 2007, 3.2%of all adults in the United States (1 in every 31)were under some form of correctional control involving probation, parole, prison, or jail.e The Department of Justice's Bureau of Justice Statistics (DOJ/BJS) has concluded that, if incarceration rates do not decrease, approximately 6.6%of all persons born in the United States in 2001 will serve time in state or federal prison during their lifetimes.9 Arrest and incarceration rates are particularly high for African American and Hispanic men.10 African Americans and Hispanics''—' are arrested at a rate that is 2 to 3 times their proportion of the general population.' Assuming that current incarceration rates remain unchanged, about 1 in 17 White men are expected to serve time in prison during their lifetime;73 by contrast, this rate climbs to 1 in 6 for Hispanic men; and to 1 in 3 for African American men.14 The Commission, which has enforced Title VII since it became effective in 1965, has well-established guidance applying Title VII principles to employers' use of criminal records to screen for employment.15 This Enforcement Guidance builds on longstanding court decisions and policy documents that were issued over twenty years ago. In light of employers' increased access to criminal history information, case law analyzing Title VII requirements for criminal record exclusions, and other developments,77-6 the Commission has decided to update and consolidate in this document all of its prior policy statements about Title VII and the use of criminal records in employment decisions.Thus, this Enforcement Guidance will supersede the Commission's previous policy statements on this issue. http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/1 c/'n1 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 5 of 46 The Commission intends this document for use by employers considering the use of criminal records in their selection and retention processes; by individuals who suspect that they have been denied jobs or promotions, or have been discharged because of their criminal records; and by EEOC staff who are investigating discrimination charges involving the use of criminal records in employment decisions. III. Background The contextual framework for the Title VII analysis in this Enforcement Guidance includes how criminal record information is collected and recorded, why employers use criminal records, and the EEOC's interest in such criminal record screening. A. Criminal History Records Criminal history information can be obtained from a wide variety of sources including, but not limited to, the following: • Court Records. Courthouses maintain records relating to criminal charges and convictions, including arraignments, trials, pleas, and other dispositions.1117 Searching county courthouse records typically provides the most complete criminal history:15-Many county courthouse records must be retrieved on- site,1—but some courthouses offer their records online.20 Information about federal crimes such as interstate drug trafficking, financial fraud, bank robbery, and crimes against the government may be found online in federal court records by searching the federal courts' Public Access to Court Electronic Records or Case Management/Electronic Case Files.21 • Law Enforcement and Corrections Agency Records. Law enforcement agencies such as state police agencies and corrections agencies may allow the public to access their records, including records of complaints, investigations, arrests, indictments, and periods of incarceration, probation, and parole.a2 Each agency may differ with respect to how and where the records may be searched, and whether they are indexed.23 • Registries or Watch Lists. Some government entities maintain publicly available lists of individuals who have been convicted of, or are suspected of having committed, a certain type of crime. Examples of such lists include state and federal sex offender registries and lists of individuals with outstanding warrants.24 • State Criminal Record Repositories. Most states maintain their own centralized repositories of criminal records, which include records that are submitted by most or all of their criminal justice agencies, including their county courthouses. States differ with respect to the types of records included in the repository, the completeness of the records,22 the frequency with which they are updated,28 and whether they permit the public to search the records by name, by fingerprint, or both.29 Some states permit employers (or third-parties acting on their behalf)to access these records, often for a fee.30 Others limit access to certain types of records,37 and still others deny access altogether. • The Interstate Identification Index(III). The Federal Bureau of Investigation (FBI) maintains the most comprehensive collection of criminal records in the nation, called the"Interstate Identification Index" (Ill).The III database compiles records from each of the state repositories, as well as records from federal and international criminal justice agencies.aa http://www.eeoc.gov/laws/guidance/arrest convirtinn rfm Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 6 of 46 The FBI's III database may be accessed for employment purposes by: o the federal government;34 ▪ employers in certain industries that are regulated by the federal government, such as"the banking, nursing home, securities, nuclear energy, and private security guard industries;as well as required security screenings by federal agencies of airport workers, HAZMAT truck drivers and other transportation workers";35 and o employers in certain industries"that the state has sought to regulate, such as persons employed as civil servants, day care, school,or nursing home workers, taxi drivers, private security guards, or members of regulated professions." Recent studies have found that a significant number of state and federal criminal record databases include incomplete criminal records. • A 2011 study by the DOJ/BJS reported that, as of 2010, many state criminal history record repositories still had not recorded the final dispositions for a significant number of arrests.37 • A 2006 study by the DOJ/BJS found that only 50%of arrest records in the FBI's III database were associated with a final disposition.38 Additionally, reports have documented that criminal records may be inaccurate. • One report found that even if public access to criminal records has been restricted by a court order to seal and/or expunge such records, this does not guarantee that private companies also will purge the information from their systems or that the event will be erased from media archives.39 • Another report found that criminal background checks may produce inaccurate results because criminal records may lack"unique" information or because of"misspellings, clerical errors or intentionally inaccurate identification information provided by search subjects who wish to avoid discovery of their prior criminal activities."ao Employers performing background checks to screen applicants or employees may attempt to search these governmental sources themselves or conduct a simple Internet search, but they often rely on third- party background screening businesses.41 Businesses that sell criminal history information to employers are"consumer reporting agencies" (CRAs)42 if they provide the information in "consumer reports" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FCRA). Under FCRA, a CRA generally may not report records of arrests that did not result in entry of a judgment of conviction,where the arrests occurred more than seven years ago.44 However, they may report convictions indefinitely.45 CRAs often maintain their own proprietary databases that compile information from various sources, such as those described above, depending on the extent to which the business has purchased or otherwise obtained access to data.46 Such databases vary with respect to the geographic area covered,the type of information included (e.g., information about arrests, convictions, prison terms, or specialized information for a subset of employers such as information about workplace theft or shoplifting cases for retail employers47), the sources of information used(e.g., county databases, law enforcement agency records, sex offender registries), and the frequency with which they are updated. They also may be missing certain http://www.eeoc.gov/laws/guidance/arrest conviction.cfm S/i Snn1 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 7 of 46 types of disposition information, such as updated convictions, sealing or expungement orders, or orders for entry into a diversion program.4e B. Employers' Use of Criminal History Information In one survey,a total of 92%of responding employers stated that they subjected all or some of their job candidates to criminal background checks.49 Employers have reported that their use of criminal history information is related to ongoing efforts to combat theft and fraud,50 as well as heightened concerns about workplace violence51 and potential liability for negligent hiring.52 Employers also cite federal laws as well as state and local laws53 as reasons for using criminal background checks. C. The EEOC's Interest in Employers' Use of Criminal Records in Employment Screening The EEOC enforces Title VII,which prohibits employment discrimination based on race, color, religion, sex, or national origin. Having a criminal record is not listed as a protected basis in Title VII.Therefore, whether a covered employer's reliance on a criminal record to deny employment violates Title VII depends on whether it is part of a claim of employment discrimination based on race, color, religion, sex, or national origin.Title VII liability for employment discrimination is determined using two analytic frameworks: "disparate treatment"and"disparate impact." Disparate treatment is discussed in Section IV and disparate impact is discussed in Section V. IV. Disparate Treatment Discrimination and Criminal Records A covered employer is liable for violating Title VII when the plaintiff demonstrates that it treated him differently because of his race, national origin, or another protected basis.-4 For example,there is Title VII disparate treatment liability where the evidence shows that a covered employer rejected an African American applicant based on his criminal record but hired a similarly situated White applicant with a comparable criminal record.55 Example 1: Disparate Treatment Based on Race. John,who is White, and Robert,who is African American, are both recent graduates of State University. They have similar educational backgrounds, skills, and work experience.They each pled guilty to charges of possessing and distributing marijuana as high school students,and neither of them had any subsequent contact with the criminal justice system. After college, they both apply for employment with Office Jobs, Inc., which, after short intake interviews, obtains their consent to conduct a background check. Based on the outcome of the background check, which reveals their drug convictions, an Office Jobs, Inc., representative decides not to refer Robert for a follow-up interview. The representative remarked to a co-worker that Office Jobs, Inc., cannot afford to refer "these drug dealer types"to client companies. However, the same representative refers John for an interview, asserting that John's youth at the time of the conviction and his subsequent lack of contact with the criminal justice system make the conviction unimportant. Office Jobs, Inc., has treated John and Robert differently based on race, in violation of Title VII. • http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 • Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 8 of 46 Title VII prohibits"not only decisions driven by racial [or ethnic]animosity, but also decisions infected by stereotyped thinking . . . ."56 Thus, an employer's decision to reject a job applicant based on racial or ethnic stereotypes about criminality-rather than qualifications and suitability for the position-is unlawful disparate treatment that violates Title VlI.57 Example 2: Disparate Treatment Based on National Origin.Tad, who is White, and Nelson,who is Latino, are both recent high school graduates with grade point averages above 4.0 and college plans. While Nelson has successfully worked full-time for a landscaping company during the summers,Tad only held occasional lawn-mowing and camp- counselor jobs. In an interview for a research job with Meaningful and Paid Internships, Inc. (MPII),Tad discloses that he pled guilty to a felony at age 16 for accessing his school's computer system over the course of several months without authorization and changing his classmates' grades. Nelson, in an interview with MPII, emphasizes his successful prior work experience,from which he has good references, but also discloses that, at age 16, he pled guilty to breaking and entering into his high school as part of a class prank that caused little damage to school property. Neither Tad nor Nelson had subsequent contact with the criminal justice system. The hiring manager at MPII invites Tad for a second interview, despite his record of criminal conduct. However,the same hiring manager sends Nelson a rejection notice, saying to a colleague that Nelson is only qualified to do manual labor and, moreover, that he has a criminal record. In light of the evidence showing that Nelson's and Tad's educational backgrounds are similar,that Nelson's work experience is more extensive, and that Tad's criminal conduct is more indicative of untrustworthiness, MPII has failed to state a legitimate, nondiscriminatory reason for rejecting Nelson. If Nelson filed a Title VII charge alleging disparate treatment based on national origin and the EEOC's investigation confirmed these facts, the EEOC would find reasonable cause to believe that discrimination occurred. There are several kinds of evidence that may be used to establish that race, national origin, or other protected characteristics motivated an employer's use of criminal records in a selection decision, including, but not limited to: • Biased statements. Comments by the employer or decisionmaker that are derogatory with respect to the charging party's protected group, or that express group-related stereotypes about criminality, might be evidence that such biases affected the evaluation of the applicant's or employee's criminal record. • Inconsistencies in the hiring process. Evidence that the employer requested criminal history information more often for individuals with certain racial or ethnic backgrounds, or gave Whites but not racial minorities the opportunity to explain their criminal history,would support a showing of disparate treatment. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employ... Page 9 of 46 • Similarly situated comparators (individuals who are similar to the charging party in relevant respects except for membership in the protected group). Comparators may include people in similar positions, former employees, and people chosen for a position over the charging party.The fact that a charging party was treated differently than individuals who are not in the charging party's protected group by,for example, being subjected to more or different criminal background checks or to different standards for evaluating criminal history, would be evidence of disparate treatment. • Employment testing. Matched-pair testing may reveal that candidates are being treated differently because of a protected status.58 • Statistical evidence. Statistical analysis derived from an examination of the employer's applicant data,workforce data, and/or third party criminal background history data may help to determine if the employer counts criminal history information more heavily against members of a protected group. V. Disparate Impact Discrimination and Criminal Records A covered employer is liable for violating Title VII when the plaintiff demonstrates that the employer's neutral policy or practice has the effect of disproportionately screening out a Title VII-protected group and the employer fails to demonstrate that the policy or practice is job related for the position in question and consistent with business necessity.59 In its 1971 Griggs v. Duke Power Company decision, the Supreme Court first recognized that Title VII permits disparate impact claims.60 The Griggs Court explained that"[Title VII] proscribes . . . practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude [African Americans]cannot be shown to be related to job performance, the practice is prohibited."61 In 1991, Congress amended Title VII to codify this analysis of discrimination and its burdens of proof.62 Title VII, as amended, states: An unlawful employment practice based on disparate impact is established . . . if a complaining party demonstrates that an employer uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity. . . sa With respect to criminal records, there is Title VII disparate impact liability where the evidence shows that a covered employer's criminal record screening policy or practice disproportionately screens out a Title VII -protected group and the employer does not demonstrate that the policy or practice is job related for the positions in question and consistent with business necessity. A. Determining Disparate Impact of Policies or Practices that Screen Individuals Based on Records of Criminal Conduct 1. Identifying the Policy or Practice The first step in disparate impact analysis is to identify the particular policy or practice that causes the unlawful disparate impact. For criminal conduct exclusions, relevant information includes the text of the policy or practice, associated documentation, and information about how the policy or practice was actually implemented. More specifically, such information also includes which offenses or classes of offenses were reported to the employer(e.g., all felonies, all drug offenses); whether convictions http://www.ecoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 10 of 46 (including sealed and/or expunged convictions), arrests, charges, or other criminal incidents were reported; how far back in time the reports reached(e.g., the last five, ten, or twenty years); and the jobs for which the criminal background screening was conducted.64 Training or guidance documents used by the employer also are relevant, because they may specify which types of criminal history information to gather for particular jobs, how to gather the data, and how to evaluate the information after it is obtained. 2. Determining Disparate Impact Nationally,African Americans and Hispanics are arrested in numbers disproportionate to their representation in the general population. In 2010, 28%of all arrests were of African Americans,ss even though African Americans only comprised approximately 14% of the general population! In 2008, Hispanics were arrested for federal drug charges at a rate of approximately three times their proportion of the general populations' Moreover,African Americans and Hispanics were more likely than Whites to be arrested, convicted, or sentenced for drug offenses even though their rate of drug use is similar to the rate of drug use for Whites.6B African Americans and Hispanics also are incarcerated at rates disproportionate to their numbers in the general population. Based on national incarceration data, the U.S. Department of Justice estimated in 2001 that 1 out of every 17 White men (5.9%of the White men in the U.S.) is expected to go to prison at some point during his lifetime, assuming that current incarceration rates remain unchanged.69 This rate climbs to 1 in 6 (or 17.2%)for Hispanic men.7-79 For African American men, the rate of expected incarceration rises to 1 in 3 (or 32.2%).Based on a state-by-state examination of incarceration rates in 2005,African Americans were incarcerated at a rate 5.6 times higher than Whites,''—Z and 7 states had a Black-to-White ratio of incarceration that was 10 to1.73 In 2010, Black men had an imprisonment rate that was nearly 7 times higher than White men and almost 3 times higher than Hispanic men.7^ National data, such as that cited above, supports a finding that criminal record exclusions have a disparate impact based on race and national origin.The national data provides a basis for the Commission to further investigate such Title VII disparate impact charges. During an EEOC investigation, the employer also has an opportunity to show,with relevant evidence,that its employment policy or practice does not cause a disparate impact on the protected group(s). For example, an employer may present regional or local data showing that African American and/or Hispanic men are not arrested or convicted at disproportionately higher rates in the employer's particular geographic area. An employer also may use its own applicant data to demonstrate that its policy or practice did not cause a disparate impact. The Commission will assess relevant evidence when making a determination of disparate impact, including applicant flow information maintained pursuant to the Uniform Guidelines on Employee Selection Procedures,75 workforce data, criminal history background check data, demographic availability statistics, incarceration/conviction data, and/or relevant labor market statistics. An employer's evidence of a racially balanced workforce will not be enough to disprove disparate impact. In Connecticut v. Teal, the Supreme Court held that a "bottom line"racial balance in the workforce does not preclude employees from establishing a prima fade case of disparate impact; nor does it provide employers with a defense!'The issue is whether the policy or practice deprives a disproportionate number of Title VII-protected individuals of employment opportunities.77-8 http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 11 of 46 Finally, in determining disparate impact,the Commission will assess the probative value of an employer's applicant data. As the Supreme Court stated in Dothard v. Rawlinson, an employer's"application process might itself not adequately reflect the actual potential applicant pool since otherwise qualified people might be discouraged from applying" because of an alleged discriminatory policy or practice. Therefore, the Commission will closely consider whether an employer has a reputation in the community for excluding individuals with criminal records. Relevant evidence may come from ex-offender employment programs, individual testimony, employer statements, evidence of employer recruitment practices, or publicly posted notices, among other sources.80 The Commission will determine the persuasiveness of such evidence on a case-by-case basis. B. Job Related For the Position in Question and Consistent with Business Necessity 1. Generally After the plaintiff in litigation establishes disparate impact, Title VII shifts the burdens of production and persuasion to the employer to"demonstrate that the challenged practice is job related for the position in question and consistent with business necessity."81 In the legislative history of the 1991 Civil Rights Act, Congress referred to Griggs and its progeny such as Albemarle Paper Company v. Moody82 and Dothard83 to explain how this standard should be construed:"The Griggs Court stated that the employer's burden was to show that the policy or practice is one that"bear[s]a demonstrable relationship to successful performance of the jobs for which it was used"and"measures the person for the job and not the person in the abstract."85 In both Albemarle86 and Dothard,2 the Court emphasized the factual nature of the business necessity inquiry. The Court further stated in Dothard that the terms of the exclusionary policy must"be shown to be necessary to safe and efficient job performance."B8 In a case involving a criminal record exclusion, the Eighth Circuit in its 1975 Green v. Missouri Pacific Railroad decision, held that it was discriminatory under Title VII for an employer to"follow)the policy of disqualifying for employment any applicant with a conviction for any crime other than a minor traffic offense."89 The Eighth Circuit identified three factors (the"Green factors")that were relevant to assessing whether an exclusion is job related for the position in question and consistent with business necessity: • The nature and gravity of the offense or conduct;90 • The time that has passed since the offense or conduct and/or completion of the sentence; 91 and • The nature of the job held or sought.92 In 2007, the Third Circuit in El v. Southeastern Pennsylvania Transportation Authority93 developed the statutory analysis in greater depth. Douglas El challenged SEPTA's policy of excluding everyone ever convicted of a violent crime from the job of paratransit driver.94 El, a 55 year-old African American paratransit driver-trainee, was terminated from employment when SEPTA learned of his conviction for second-degree murder 40 years earlier; the conviction involved a gang fight when he was 15 years old and was his only disqualifying offense under SEPTA's policy. -5 The Third Circuit expressed"reservations" about a policy such as SEPTA's (exclusion for all violent crimes, no matter how long ago they were committed) "in the abstract." http://www.eeoc.gov/laws/guidance/arrest_conviction.efm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 12 of 46 Applying Supreme Court precedent, the El court observed that some level of risk is inevitable in all hiring, and that, "[i]n a broad sense, hiring policies . . . ultimately concern the management of risk."99' Recognizing that assessing such risk is at the heart of criminal record exclusions,the Third Circuit concluded that Title VII requires employers to justify criminal record exclusions by demonstrating that they "accurately distinguish between applicants[who] pose an unacceptable level of risk and those[who]do not."94. The Third Circuit affirmed summary judgment for SEPTA, but stated that the outcome of the case might have been different if Mr. El had, "for example, hired an expert who testified that there is a time at which a former criminal is no longer any more likely to recidivate than the average person, . . . [so]there would be a factual question for the jury to resolve."99 The Third Circuit reasoned, however, that the recidivism evidence presented by SEPTA's experts, in conjunction with the nature of the position at issue- paratransit driver-trainee with unsupervised access to vulnerable adults-required the employer to exercise the utmost care.00 In the subsections below,the Commission discusses considerations that are relevant to assessing whether criminal record exclusion policies or practices are job related and consistent with business necessity. First,we emphasize that arrests and convictions are treated differently. 2. Arrests The fact of an arrest does not establish that criminal conduct has occurred.101 Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges, or the charges are dismissed.102 Even if an individual is charged and subsequently prosecuted, he is presumed innocent unless proven guilty.103 An arrest, however, may in some circumstances trigger an inquiry into whether the conduct underlying the arrest justifies an adverse employment action.Title VII calls for a fact-based analysis to determine if an exclusionary policy or practice is job related and consistent with business necessity. Therefore, an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. Another reason for employers not to rely on arrest records is that they may not report the final disposition of the arrest(e.g., not prosecuted, convicted, or acquitted). As documented in Section III.A., supra,the DOJIBJS reported that many arrest records in the FBI's III database and state criminal record repositories are not associated with final dispositions.104 Arrest records also may include inaccuracies or may continue to be reported even if expunged or sealed.105 Example 3: Arrest Record Is Not Grounds for Exclusion. Mervin and Karen, a middle-aged African American couple, are driving to church in a predominantly white town.An officer stops them and interrogates them about their destination. When Mervin becomes annoyed and comments that his offense is simply"driving while Black,"the officer arrests him for disorderly conduct.The prosecutor decides not to file charges against Mervin, but the arrest remains in the police departments database and is reported in a background check when Mervin applies with his employer of fifteen years for a promotion to an executive position.The employer's practice is to deny such promotions to individuals with arrest records, even without a conviction, because it views an arrest record as an http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 13 of 46 indicator of untrustworthiness and irresponsibility. If Mervin filed a Title VII charge based on these facts, and disparate impact based on race were established,the EEOC would find reasonable cause to believe that his employer violated Title VII. Although an arrest record standing alone may not be used to deny an employment opportunity, an employer may make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question.The conduct, not the arrest, is relevant for employment purposes. Example 4: Employer's Inquiry into Conduct Underlying Arrest. Andrew, a Latino man, worked as an assistant principal in Elementary School for several years.After several ten and eleven-year-old girls attending the school accused him of touching them inappropriately on the chest, Andrew was arrested and charged with several counts of endangering the welfare of children and sexual abuse. Elementary School has a policy that requires suspension or termination of any employee who the school believes engaged in conduct that impacts the health or safety of the students.After learning of the accusations, the school immediately places Andrew on unpaid administrative leave pending an investigation. In the course of its investigation, the school provides Andrew a chance to explain the events and circumstances that led to his arrest.Andrew denies the allegations, saying that he may have brushed up against the girls in the crowded hallways or lunchroom, but that he doesn't really remember the incidents and does not have regular contact with any of the girls. The school also talks with the girls, and several of them recount touching in crowded situations. The school does not find Andrew's explanation credible. Based on Andrew's conduct,the school terminates his employment pursuant to its policy. Andrew challenges the policy as discriminatory under Title VII. He asserts that it has a disparate impact based on national origin and that his employer may not suspend or terminate him based solely on an arrest without a conviction because he is innocent until proven guilty.After confirming that an arrest policy would have a disparate impact based on national origin, the EEOC concludes that no discrimination occurred.The school's policy is linked to conduct that is relevant to the particular jobs at issue, and the exclusion is made based on descriptions of the underlying conduct, not the fact of the arrest. The Commission finds no reasonable cause to believe Title VII was violated. 3. Convictions By contrast, a record of a conviction will usually serve as sufficient evidence that a person engaged in particular conduct, given the procedural safeguards associated with trials and guilty pleas.106 However, there may be evidence of an error in the record, an outdated record, or another reason for not relying on the evidence of a conviction. For example, a database may continue to report a conviction that was later http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 14 of 46 expunged, or may continue to report as a felony an offense that was subsequently downgraded to a misdemeanor.107 Some states require employers to wait until late in the selection process to ask about convictions.108 The policy rationale is that an employer is more likely to objectively assess the relevance of an applicant's conviction if it becomes known when the employer is already knowledgeable about the applicant's qualifications and experience.109 As a best practice,and consistent with applicable laws,11°the Commission recommends that employers not ask about convictions on job applications and that, if and when they make such inquiries,the inquiries be limited to convictions for which exclusion would be job related for the position in question and consistent with business necessity. 4. Determining Whether a Criminal Conduct Exclusion Is Job Related and Consistent with Business Necessity To establish that a criminal conduct exclusion that has a disparate impact is job related and consistent with business necessity under Title VII,the employer needs to show that the policy operates to effectively link specific criminal conduct, and its dangers, with the risks inherent in the duties of a particular position. Two circumstances in which the Commission believes employers will consistently meet the"job related and consistent with business necessity"defense are as follows: • The employer validates the criminal conduct screen for the position in question per the Uniform Guidelines on Employee Selection Procedures (Uniform Guidelines) standards (if data about criminal conduct as related to subsequent work performance is available and such validation is possible); '1 or • The employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job(the three Green factors), and then provides an opportunity for an individualized assessment for people excluded by the screen to determine whether the policy as applied is job related and consistent with business necessity. The individualized assessment would consist of notice to the individual that he has been screened out because of a criminal conviction; an opportunity for the individual to demonstrate that the exclusion should not be applied due to his particular circumstances; and consideration by the employer as to whether the additional information provided by the individual warrants an exception to the exclusion and shows that the policy as applied is not job related and consistent with business necessity. See Section V.B.9, infra (examples of relevant considerations in individualized assessments). Depending on the facts and circumstances, an employer may be able to justify a targeted criminal records screen solely under the Green factors. Such a screen would need to be narrowly tailored to identify criminal conduct with a demonstrably tight nexus to the position in question.Title VII thus does not necessarily require individualized assessment in all circumstances. However, the use of individualized assessments can help employers avoid Title VII liability by allowing them to consider more complete information on individual applicants or employees, as part of a policy that is job related and consistent with business necessity. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 15 of 46 5. Validation The Uniform Guidelines describe three different approaches to validating employment screens.:w However, they recognize that"[t]here are circumstances in which a user cannot or need not utilize"formal validation techniques and that in such circumstances an employer"should utilize selection procedures which are as job related as possible and which will minimize or eliminate adverse impact as set forth [in the following subsections)."1-3 Although there may be social science studies that assess whether convictions are linked to future behaviors, traits, or conduct with workplace ramifications,"-4 and thereby provide a framework for validating some employment exclusions, such studies are rare at the time of this drafting. 6. Detailed Discussion of the Green Factors and Criminal Conduct Screens Absent a validation study that meets the Uniform Guidelines' standards,the Green factors provide the starting point for analyzing how specific criminal conduct may be linked to particular positions.The three Green factors are: • The nature and gravity of the offense or conduct; • The time that has passed since the offense, conduct and/or completion of the sentence; and • The nature of the job held or sought. a. The Nature and Gravity of the Offense or Conduct Careful consideration of the nature and gravity of the offense or conduct is the first step in determining whether a specific crime may be relevant to concerns about risks in a particular position.The nature of the offense or conduct may be assessed with reference to the harm caused by the crime (e.g.,theft causes property loss). The legal elements of a crime also may be instructive. For example, a conviction for felony theft may involve deception, threat, or intimidation.1-5 With respect to the gravity of the crime,offenses identified as misdemeanors may be less severe than those identified as felonies. b. The Time that Has Passed Since the Offense, Conduct and/or Completion of the Sentence Employer policies typically specify the duration of a criminal conduct exclusion. While the Green court did not endorse a specific timeframe for criminal conduct exclusions, it did acknowledge that permanent exclusions from all employment based on any and all offenses were not consistent with the business necessity standard.1-6 Subsequently, in El,the court noted that the plaintiff might have survived summary judgment if he had presented evidence that"there is a time at which a former criminal is no longer any more likely to recidivate than the average person . . . .""'Thus,the court recognized that the amount of time that had passed since the plaintiffs criminal conduct occurred was probative of the risk he posed in the position in question. Whether the duration of an exclusion will be sufficiently tailored to satisfy the business necessity standard will depend on the particular facts and circumstances of each case. Relevant and available information to http://www.eeoc.gov/laws/guidance/arrest_convictjon.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 16 of 46 make this assessment includes,for example, studies demonstrating how much the risk of recidivism declines over a specified time.1118 c.The Nature of the Job Held or Sought Finally, it is important to identify the particular job(s) subject to the exclusion. While a factual inquiry may begin with identifying the job title, it also encompasses the nature of the job's duties (e.g., data entry, lifting boxes), identification of the job's essential functions,the circumstances under which the job is performed (e.g., the level of supervision, oversight, and interaction with co-workers or vulnerable individuals), and the environment in which the job's duties are performed (e.g., out of doors, in a warehouse, in a private home). Linking the criminal conduct to the essential functions of the position in question may assist an employer in demonstrating that its policy or practice is job related and consistent with business necessity because it"bear[s]a demonstrable relationship to successful performance of the jobs for which it was used."11. 7. Examples of Criminal Conduct Exclusions that Do Not Consider the Green Factors A policy or practice requiring an automatic, across-the-board exclusion from all employment opportunities because of any criminal conduct is inconsistent with the Green factors because it does not focus on the dangers of particular crimes and the risks in particular positions. As the court recognized in Green, "[w]e cannot conceive of any business necessity that would automatically place every individual convicted of any offense, except a minor traffic offense, in the permanent ranks of the unemployed."120 Example 5: Exclusion Is Not Job Related and Consistent with Business Necessity.The National Equipment Rental Company uses the Internet to accept job applications for all positions.All applicants must answer certain questions before they are permitted to submit their online application, including"have you ever been convicted of a crime?" If the applicant answers"yes,"the online application process automatically terminates, and the applicant sees a screen that simply says"Thank you for your interest. We cannot continue to process your application at this time." The Company does not have a record of the reasons why it adopted this exclusion, and it does not have information to show that convictions for all offenses render all applicants unacceptable risks in all of its jobs, which range from warehouse work, to delivery, to management positions. If a Title VII charge were filed based on these facts, and there was a disparate impact on a Title VII-protected basis,the EEOC would find reasonable cause to believe that the blanket exclusion was not job related and consistent with business necessity because the risks associated with all convictions are not pertinent to all of the Company's jobs. Example 6: Exclusion Is Not Job Related and Consistent with Business Necessity. Leo, an African American man, has worked successfully at PR Agency as an account executive for three years. After a change of ownership, the new owners adopt a policy under which it will http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 17 of 46 not employ anyone with a conviction.The policy does not allow for any individualized assessment before exclusion.The new owners,who are highly respected in the industry, pride themselves on employing only the "best of the best"for every position.The owners assert that a quality workforce is a key driver of profitability. Twenty years earlier, as a teenager, Leo pled guilty to a misdemeanor assault charge. During the intervening twenty years, Leo graduated from college and worked successfully in advertising and public relations without further contact with the criminal justice system.At PR Agency, all of Leo's supervisors assessed him as a talented, reliable, and trustworthy employee, and he has never posed a risk to people or property at work. However, once the new ownership of PR Agency learns about Leo's conviction record through a background check, it terminates his employment. It refuses to reconsider its decision despite Leo's positive employment history at PR Agency. Leo files a Title VII charge alleging that PR Agency's conviction policy has a disparate impact based on race and is not job related for the position in question and consistent with business necessity.After confirming disparate impact, the EEOC considers PR Agency's defense that it employs only the"best of the best"for every position, and that this necessitates excluding everyone with a conviction. PR Agency does not show that all convictions are indicative of risk or danger in all its jobs for all time, under the Green factors. Nor does PR Agency provide any factual support for its assertion that having a conviction is necessarily indicative of poor work or a lack of professionalism.The EEOC concludes that there is reasonable cause to believe that the Agency's policy is not job related for the position in question and consistent with business necessity. 121 8. Targeted Exclusions that Are Guided by the Green Factors An employer policy or practice of excluding individuals from particular positions for specified criminal conduct within a defined time period, as guided by the Green factors, is a targeted exclusion. Targeted exclusions are tailored to the rationale for their adoption, in light of the particular criminal conduct and jobs involved,taking into consideration fact-based evidence, legal requirements, and/or relevant and available studies. As discussed above in Section V.B.4, depending on the facts and circumstances, an employer may be able to justify a targeted criminal records screen solely under the Green factors. Such a screen would need to be narrowly tailored to identify criminal conduct with a demonstrably tight nexus to the position in question.Title VII thus does not necessarily require individualized assessment in all circumstances. However,the use of individualized assessments can help employers avoid Title VII liability by allowing them to consider more complete information on individual applicants or employees, as part of a policy that is job related and consistent with business necessity. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 18 of 46 9. Individualized Assessment Individualized assessment generally means that an employer informs the individual that he may be excluded because of past criminal conduct; provides an opportunity to the individual to demonstrate that the exclusion does not properly apply to him; and considers whether the individual's additional information shows that the policy as applied is not job related and consistent with business necessity. The individual's showing may include information that he was not correctly identified in the criminal record, or that the record is otherwise inaccurate. Other relevant individualized evidence includes, for example: • The facts or circumstances surrounding the offense or conduct; • The number of offenses for which the individual was convicted; • Older age at the time of conviction, or release from prison; 122 • Evidence that the individual performed the same type of work, post conviction,with the same or a different employer,with no known incidents of criminal conduct; • The length and consistency of employment history before and after the offense or conduct; 123 • Rehabilitation efforts, e.g., education/training; 124 • Employment or character references and any other information regarding fitness for the particular position;125 and • Whether the individual is bonded under a federal, state, or local bonding program.126 If the individual does not respond to the employer's attempt to gather additional information about his background,the employer may make its employment decision without the information. Example 7: Targeted Screen with Individualized Assessment Is Job Related and Consistent with Business Necessity. County Community Center rents meeting rooms to civic organizations and small businesses, party rooms to families and social groups, and athletic facilities to local recreational sports leagues.The County has a targeted rule prohibiting anyone with a conviction for theft crimes(e.g., burglary, robbery, larceny, identity theft)from working in a position with access to personal financial information for at least four years after the conviction or release from incarceration.This rule was adopted by the County's Human Resources Department based on data from the County Corrections Department, national criminal data, and recent recidivism research for theft crimes.The Community Center also offers an opportunity for individuals identified for exclusion to provide information showing that the exclusion should not be applied to them. Isaac, who is Hispanic, applies to the Community Center for a full-time position as an administrative assistant,which involves accepting credit card payments for room rentals, in addition to having unsupervised access to the personal belongings of people using the facilities.After http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 19 of 46 conducting a background check,the County learns that Isaac pled guilty eighteen months earlier,at age twenty,to credit card fraud, and that he did not serve time in prison. Isaac confirms these facts, provides a reference from the restaurant where he now works on Saturday nights, and asks the County for a"second chance"to show that he is trustworthy. The County tells Isaac that it is still rejecting his employment application because his criminal conduct occurred eighteen months ago and is directly pertinent to the job in question.The information he provided did nothing to dispel the County's concerns. Isaac challenges this rejection under Title VII, alleging that the policy has a disparate impact on Hispanics and is not job related and consistent with business necessity.After confirming disparate impact, the EEOC finds that this screen was carefully tailored to assess unacceptable risk in relevant positions, for a limited time period, consistent with the evidence, and that the policy avoided overbroad exclusions by allowing individuals an opportunity to explain special circumstances regarding their criminal conduct.Thus, even though the policy has a disparate impact on Hispanics,the EEOC does not find reasonable cause to believe that discrimination occurred because the policy is job related and consistent with business necessity. 127 Example 8: Targeted Exclusion Without Individualized Assessment Is Not Job Related and Consistent with Business Necessity. "Shred 4 You"employs over 100 people to pick up discarded files and sensitive materials from offices,transport the materials to a secure facility, and shred and recycle them. The owner of"Shred 4 You"sells the company to a competitor, known as"We Shred."Employees of"Shred 4 You" must reapply for employment with"We Shred"and undergo a background check. "We Shred"has a targeted criminal conduct exclusion policy that prohibits the employment of anyone who has been convicted of any crime related to theft or fraud in the past five years, and the policy does not provide for any individualized consideration.The company explains that its clients entrust it with handling sensitive and confidential information and materials;therefore, it cannot risk employing people who pose an above-average risk of stealing information. Jamie, who is African American,worked successfully for"Shred 4 You"for five years before the company changed ownership.Jamie applies for his old job, and"We Shred"reviews Jamie's performance appraisals,which include high marks for his reliability,trustworthiness,and honesty. However,when"We Shred"does a background check, it finds that Jamie pled guilty to misdemeanor insurance fraud five years ago, because he exaggerated the costs of several home repairs after a winter storm."We Shred" management informs Jamie that his guilty plea is evidence of criminal conduct and that his employment will be terminated.Jamie asks management to consider his reliable and honest performance in the same job at"Shred 4 You,"but"We Shred"refuses to do so. The employer's http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 20 of 46 conclusion that Jamie's guilty plea demonstrates that he poses an elevated risk of dishonesty is not factually based given Jamie's history of trustworthiness in the same job. After confirming disparate impact based on race(African American), the EEOC finds reasonable cause to believe that Title VII was violated because the targeted exclusion was not job related and consistent with business necessity based on these facts. C. Less Discriminatory Alternatives If an employer successfully demonstrates that its policy or practice is job related for the position in question and consistent with business necessity, a Title VII plaintiff may still prevail by demonstrating that there is a less discriminatory"alternative employment practice"that serves the employer's legitimate goals as effectively as the challenged practice but that the employer refused to adopt.128 VI. Positions Subject to Federal Prohibitions or Restrictions on Individuals with Records of Certain Criminal Conduct In some industries, employers are subject to federal statutory and/or regulatory requirements that prohibit individuals with certain criminal records from holding particular positions or engaging in certain occupations. Compliance with federal laws and/or regulations is a defense to a charge of discrimination. However,the EEOC will continue to coordinate with other federal departments and agencies with the goal of maximizing federal regulatory consistency with respect to the use of criminal history information in employment decisions.t29 A. Hiring in Certain Industries Federal laws and regulations govern the employment of individuals with specific convictions in certain industries or positions in both the private and public sectors. For example, federal law excludes an individual who was convicted in the previous ten years of specified crimes from working as a security screener or otherwise having unescorted access to the secure areas of an airport.130 There are equivalent requirements for federal law enforcement officers,131 child care workers in federal agencies or facilities,132 bank employees, 133 and port workers,134 among other positions.135 Title VII does not preempt these federally imposed restrictions. However, if an employer decides to impose an exclusion that goes beyond the scope of a federally imposed restriction,the discretionary aspect of the policy would be subject to Title VII analysis. Example 9: Exclusion Is Not Job Related and Consistent with Business Necessity. Your Bank has a rule prohibiting anyone with convictions for any type of financial or fraud-related crimes within the last twenty years from working in positions with access to customer financial information, even though the federal ban is ten years for individuals who are convicted of any criminal offense involving dishonesty, breach of trust, or money laundering from serving in such positions. Sam,who is Latino, applies to Your Bank to work as a customer service representative.A background check reveals that Sam was convicted of a misdemeanor for misrepresenting his income on a loan application fifteen years earlier. Your Bank therefore rejects Sam, and he files a Title VII charge with the EEOC, alleging that the Bank's policy has a disparate impact based on national origin and is not job related and consistent with http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 21 of 46 business necessity. Your Bank asserts that its policy does not cause a disparate impact and that,even if it does, it is job related for the position in question because customer service representatives have regular access to financial information and depositors must have"100% confidence"that their funds are safe. However,Your Bank does not offer evidence showing that there is an elevated likelihood of committing financial crimes for someone who has been crime-free for more than ten years.After establishing that the Bank's policy has a disparate impact based on national origin,the EEOC finds that the policy is not job related for the position in question and consistent with business necessity. The Bank's justification for adding ten years to the federally mandated exclusion is insufficient because it is only a generalized concern about security,without proof. B. Obtaining Occupational Licenses Title VII also does not preempt federal statutes and regulations that govern eligibility for occupational licenses and registrations.These restrictions cover diverse sectors of the economy including the transportation industry,136 the financial indust 1 13s ry,—s�and imporUexport activities,1—sa among others.— C. Waiving or Appealing Federally Imposed Occupational Restrictions Several federal statutes and regulations provide a mechanism for employers or individuals to appeal or apply for waivers of federally imposed occupational restrictions. For example, unless a bank receives prior written consent from the Federal Deposit Insurance Corporation (FDIC), an individual convicted of a criminal offense involving dishonesty, breach of trust, money laundering, or another financially related crime may not work in, own,or control"an insured depository institution"(e.g., bank)for ten years under the Federal Deposit Insurance Act.140 To obtain such FDIC consent, the insured institution must file an application for a waiver on behalf of the particular individual.t41 Alternatively, if the insured institution does not apply for the waiver on the individual's behalf, the individual may file a request directly with the FDIC for a waiver of the institution filing requirement,demonstrating"substantial good cause"to grant the waiver.142 If the FDIC grants the individual's waiver request,the individual can then file an application directly with the FDIC for consent to work for the insured institution in question.l4s Once the institution, or the individual, submits the application,the FDIC's criminal record waiver review process requires consideration of mitigating factors that are consistent with Title VII, including evidence of rehabilitation, and the nature and circumstances of the crime.144 Additionally, port workers who are denied the Transportation Workers Identification Credential (TWIC) based on their conviction record may seek a waiver for certain permanently disqualifying offenses or interim disqualifying offenses, and also may file an individualized appeal from the Transportation Security Administration's initial determination of threat assessment based on the conviction.145 The Maritime Transportation Security Act,which requires all port workers to undergo a criminal background check to obtain a TWIC,11 provides that individuals with convictions for offenses such as espionage,treason, murder,and a federal crime of terrorism are permanently disqualified from obtaining credentials, but those with convictions for firearms violations and distribution of controlled substances may be temporarily disqualified.t47 Most offenses related to dishonesty are only temporarily disqualifying.148 http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 22 of 46 Example 10: Consideration of Federally Imposed Occupational Restrictions.John Doe applies for a position as a truck driver for Truckers USA. John's duties will involve transporting cargo to,from, and around ports, and Truckers USA requires all of its port truck drivers to have a TWIC.The Transportation Security Administration (TSA) conducts a criminal background check and may deny the credential to applicants who have permanently disqualifying criminal offenses in their background as defined by federal law.After conducting the background check for John Doe, TSA discovers that he was convicted nine years earlier for conspiracy to use weapons of mass destruction.TSA denies John a security card because this is a permanently disqualifying criminal offense under federal law.14-9 John, who points out that he was a minor at the time of the conviction, requests a waiver by TSA because he had limited involvement and no direct knowledge of the underlying crime at the time of the offense. John explains that he helped a friend transport some chemical materials that the friend later tried to use to damage government property.TSA refuses to grant John's waiver request because a conviction for conspiracy to use weapons of mass destruction is not subject to the TSA's waiver procedures.15.Based on this denial, Truckers USA rejects John's application for the port truck driver position.Title VII does not override Truckers USA's policy because the policy is consistent with another federal law. While Title VII does not mandate that an employer seek such waivers,where an employer does seek waivers it must do so in a nondiscriminatory manner. D. Security Clearances The existence of a criminal record may result in the denial of a federal security clearance,which is a prerequisite for a variety of positions with the federal government and federal government contractors.151 A federal security clearance is used to ensure employees'trustworthiness, reliability, and loyalty before providing them with access to sensitive national security information.152 Under Title VII's national security exception, it is not unlawful for an employer to"fail or refuse to hire and employ" an individual because "such individual has not fulfilled or has ceased to fulfill"the federal security requirements.lsa This exception focuses on whether the position in question is, in fact, subject to national security requirements that are imposed by federal statute or Executive Order, and whether the adverse employment action actually resulted from the denial or revocation of a security clearance.154 Procedural requirements related to security clearances must be followed without regard to an individual's race, color, religion, sex, or national origin.155 E. Working for the Federal Government Title VII provides that,with limited coverage exceptions, "[a]II personnel actions affecting employees or applicants for employment. . . shall be made free from any discrimination based on race, color, religion, sex, or national origin."156 The principles discussed above in this Guidance apply in the federal employment context. In most circumstances, individuals with criminal records are not automatically barred from working for the federal government.15'However,the federal government imposes criminal record http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 23 of 46 restrictions on its workforce through "suitability" requirements for certain positions.158 The federal government's Office of Personnel Management (OPM) defines suitability as"determinations based on a person's character or conduct that may have an impact on the integrity or efficiency of the service."-15s Under OPM's rules, agencies may bar individuals from federal employment for up to three years if they are found unsuitable based on criminal or dishonest conduct, among other factors.160 OPM gives federal agencies the discretion to consider relevant mitigating criteria when deciding whether an individual is suitable for a federal position.76t These mitigating criteria,which are consistent with the three Green factors and also provide an individualized assessment of the applicant's background,allow consideration of: (1)the nature of the position for which the person is applying or in which the person is employed; (2) the nature and seriousness of the conduct; (3)the circumstances surrounding the conduct; (4)the recency of the conduct; (5)the age of the person involved at the time of the conduct; (6)contributing societal conditions; and (7)the absence or presence of rehabilitation or efforts toward rehabilitation.162 In general, OPM requires federal agencies and departments to consider hiring an individual with a criminal record if he is the best candidate for the position in question and can comply with relevant job requirements.163 The EEOC continues to coordinate with OPM to achieve employer best practices in the federal sector.164 VII. Positions Subject to State and Local Prohibitions or Restrictions on Individuals with Records of Certain Criminal Conduct States and local jurisdictions also have laws and/or regulations that restrict or prohibit the employment of individuals with records of certain criminal conduct.165 Unlike federal laws or regulations, however, state and local laws or regulations are preempted by Title VII if they"purportp to require or permit the doing of • any act which would be an unlawful employment practice"under Title VI1.166 Therefore, if an employer's exclusionary policy or practice is not job related and consistent with business necessity,the fact that it was adopted to comply with a state or local law or regulation does not shield the employer from Title VII liability)- Example 11: State Law Exclusion Is Job Related and Consistent with Business Necessity. Elijah, who is African American, applies for a position as an office assistant at Pre-School, which is in a state that imposes criminal record restrictions on school employees. Pre-School, which employs twenty-five full-and part-time employees, uses all of its workers to help with the children. Pre-School performs a background check and learns that Elijah pled guilty to charges of indecent exposure two years ago. After being rejected for the position because of his conviction. Elijah files a Title VII disparate impact charge based on race to challenge Pre-School's policy.The EEOC conducts an investigation and finds that the policy has a disparate impact and that the exclusion is job related for the position in question and consistent with business necessity because it addresses serious safety risks of employment in a position involving regular contact with children.As a result, the EEOC would not find reasonable cause to believe that discrimination occurred. Example 12: State Law Exclusion Is Not Consistent with Title VII. County Y enforces a law that prohibits all individuals with a criminal http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 24 of 46 conviction from working for it. Chris, an African American man, was convicted of felony welfare fraud fifteen years ago, and has not had subsequent contact with the criminal justice system. Chris applies to County Y for a job as an animal control officer trainee, a position that involves learning how to respond to citizen complaints and handle animals.The County rejects Chris's application as soon as it learns that he has a felony conviction. Chris files a Title VII charge, and the EEOC investigates,finding disparate impact based on race and also that the exclusionary policy is not job related and consistent with business necessity.The County cannot justify rejecting everyone with any conviction from all jobs. Based on these facts, County Y's law"purports to require or permit the doing of an0 act which would be an unlawful employment practice"under Title VII. VI II. Employer Best Practices The following are examples of best practices for employers who are considering criminal record information when making employment decisions. General • Eliminate policies or practices that exclude people from employment based on any criminal record. • Train managers, hiring officials, and decisionmakers about Title VII and its prohibition on employment discrimination. Developing a Policy • Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct. • Identify essential job requirements and the actual circumstances under which the jobs are performed. o Determine the specific offenses that may demonstrate unfitness for performing such jobs. • Identify the criminal offenses based on all available evidence. • Determine the duration of exclusions for criminal conduct based on all available evidence. • Include an individualized assessment. • Record the justification for the policy and procedures. • Note and keep a record of consultations and research considered in crafting the policy and procedures. • Train managers, hiring officials, and decisionmakers on how to implement the policy and procedures consistent with Title VII. Questions about Criminal Records • When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 25 of 46 Confidentiality • Keep information about applicants'and employees'criminal records confidential. Only use it for the purpose for which it was intended. Approved by the Commission: /s/ Chair Jacqueline A. Berrien 4/25/2010 Date http://www.eeoc.gov/1aws/guidance/arrest conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 26 of 46 ENDNOTES 1 42 U.S.C.§2000e et seq.The EEOC also enforces other anti-discrimination laws including:Title I of the Americans with Disabilities Act of 1990, as amended (ADA), and Section 501 of the Rehabilitation Act, as amended,which prohibit employment discrimination on the basis of disability;the Age Discrimination in Employment Act of 1967, as amended (ADEA),which prohibits discrimination on the basis of age 40 or above;Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA),which prohibits discrimination on the basis of genetic information;and the Equal Pay Act of 1963, as amended (EPA), which requires employers to pay male and female employees at the same establishment equal wages for equal work. 2 All entities covered by Title VII are subject to this analysis. See 42 U.S.C. §2000e-2 (anti-discrimination provisions); 42 U.S.C. §2000e(b)""(e) (defining"employer,""employment agency,"and"labor organization");42 U.S.C. §2000e-16(a) (prohibiting discriminatory employment practices by federal departments and agencies). For purposes of this Guidance, the term"employer"is used in lieu of listing all Title VII-covered entities.The Commission considers other coverage questions that arise in particular charges involving,for example,joint employment or third party interference in Compliance Manual Section 2: Threshold Issues, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, §2-III B., Covered Entities, http://www.eeoc.gov/policy/docs/threshold.html#2-III-B (last visited April 23,2012). 3 For the purposes of this Guidance, references to"contact"with the criminal justice system may include, for example,an arrest, charge, indictment,citation, conviction, incarceration, probation,or parole. 4 See THOMAS P. BONCZAR, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, PREVALENCE OF IMPRISONMENT IN THE U.S. POPULATION, 1974""2001, at 3(2003), http://bis.oip.usdoi.gov/content/pub/pdf/piusp01.pdf[hereinafter PREVALENCE OF IMPRISONMENT] ("Between 1974 and 2001 the number of former prisoners living in the United States more than doubled, from 1,603,000 to 4,299,000."); SEAN ROSENMERKEL ET AL., BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, FELONY SENTENCES IN STATE COURTS, 2006""STATISTICAL TABLES 1 (2009), http://bis.ojp.usdoj.gov/content/pub/pdf/fssc06st.pdf(reporting that between 1990 and 2006,there has been a 37%increase in the number of felony offenders sentenced in state courts);see also PEW CTR. ON THE STATES, ONE IN 31:THE LONG REACH OF AMERICAN CORRECTIONS 4(2009), http://www.pewcenteronthestates.org/uploadedFiles/PSPP 1in31 report FINAL WEB 3-26-09.pdf [hereinafter One in 31]("During the past quarter-century,the number of prison and jail inmates has grown by 274 percent. . . .[bringing]the total population in custody to 2.3 million. During the same period,the number under community supervision grew by a staggering 3,535,660 to a total of 5.1 million."); PEW CTR. ON THE STATES, ONE IN 100: BEHIND BARS IN AMERICA 2008, at 3 (2008), http://www.pewcenteronthestates.orq/uploadedFiles/8015PCTS Prison08 FINAL 2-1-1 FORWEB.pdf ("[M]ore than one in every 100 adults is now confined in an American jail or prison."); Robert Brame, Michael G.Turner, Raymond Paternoster, &Shawn D. Bushway, Cumulative Prevalence of Arrest From Ages 8 to 23 in a National Sample, 129 PEDIATRICS 21, 25, 26(2012)(finding that approximately 1 out of 3 of all American youth will experience at least 1 arrest for a nontraffic offense by the age of 23). 5 See JOHN SCHMITT& KRIS WARNER, CTR. FOR ECON. & POLICY RESEARCH, EX-OFFENDERS AND THE LABOR MARKET 12(2010),www.cepr.net/documents/publications/ex-offenders-2010-11.pdf("In 2008, ex- prisoners were 2.9 to 3.2 percent of the total working-age population (excluding those currently in prison or jail)or about one in 33 working-age adults. Ex-felons were a larger share of the total working-age population:6.6 to 7.4 percent, or about one in 15 working-age adults[not all felons serve prison terms]."); http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 27 of 46 see id. at 3(concluding that"in the absence of some reform of the criminal justice system, the share of ex- offenders in the working-age population will rise substantially in coming decades"). 6 PREVALENCE OF IMPRISONMENT, supra note 4, at 4,Table 3. 7 Id. 8 One in 31, supra note 8, at 5(noting that when all of the individuals who are probationers, parolees, prisoners or jail inmates are added up, the total is more than 7.3 million adults;this is more than the populations of Chicago, Philadelphia, San Diego, and Dallas combined, and larger than the populations of 38 states and the District of Columbia). 9 PREVALENCE OF IMPRISONMENT, supra note 4, at 7. 10 Id. at 5,Table 5; Cf. PEW CTR.ON THE STATES, COLLATERAL COSTS: INCARCERATION'S EFFECT ON ECONOMIC MOBILITY 6(2010), http://www.pewcenteronthestates.org/uploadedFiles/Collateral Costs.pdf? n=8653("Simply stated, incarceration in America is concentrated among African American men. While 1 in every 87 white males ages 18 to 64 is incarcerated and the number for similarly-aged Hispanic males is 1 in 36,for black men it is 1 in 12."). Incarceration rates are even starker for 20-to-34-year-old men without a high school diploma or GED: 1 in 8 White males in this demographic group is incarcerated, compared to 1 in 14 Hispanic males, and 1 in 3 Black males. PEW CTR. ON THE STATES,supra,at 8, Figure 2. 11 This document uses the terms"Black"and"African American,"and the terms"Hispanic"and"Latino," interchangeably. 12 See infra notes 65-67 (citing data for the arrest rates and population statistics for African Americans and Hispanics). 13 PREVALENCE OF IMPRISONMENT,supra note 4, at 1. 14Id. at8. 15 See Policy Statement on the Issue of Conviction Records Under Title VII of the Civil Rights Act of 1964, U.S. EQUAL EMP'T OPPORTUNITY COMM'N (Feb.4, 1987), http://www.eeoc.gov/policy/docs/convict1.htm1; EEOC Policy Statement on the Use of Statistics in Charges Involving the Exclusion of Individuals with Conviction Records from Employment, U.S. EQUAL EMP'T OPPORTUNITY COMM'N(July 29, 1987), http://www.eeoc.gov/policy/docs/convict2.html;Policy Guidance on the Consideration of Arrest Records in Employment Decisions Under Title VII, U.S. EQUAL EMP'T OPPORTUNITY COMM'N (Sept. 7, 1990), http://www.eeoc.gov/policy/docs/arrest records.html; Compliance Manual Section 15:Race& Color Discrimination, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, § 15-VI.B.2 (April 19, 2006), http://www.eeoc.gov/policy/docs/race-color.pdf. See also EEOC Decision No. 72-1497(1972) (challenging a criminal record exclusion policy based on"serious crimes"); EEOC Decision No. 74-89 (1974) (challenging a policy where a felony conviction was considered an adverse factor that would lead to disqualification); EEOC Decision No. 78-03(1977) (challenging an exclusion policy based on felony or misdemeanor convictions involving moral turpitude or the use of drugs); EEOC Decision No. 78-35(1978) (concluding that an employee's discharge was reasonable given his pattern of criminal behavior and the severity and recentness of his criminal conduct). 16 In 2011, U.S.Attorney General Eric Holder assembled a Cabinet-level interagency Reentry Council to support the federal government's efforts to promote the successful reintegration of ex-offenders back into their communities. National Reentry Resource Center—Federal Interagency Reentry Council, http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 28 of 46 http://www.nationalreentrvresourcecenter.orq/reentry-council(last visited April 23,2012).As a part of the Council's efforts, it has focused on removing barriers to employment for ex-offenders to reduce recidivism by publishing several fact sheets on employing individuals with criminal records. See, e.g., FED. INTERAGENCY REENTRY COUNCIL, REENTRY MYTHBUSTER!ON FEDERAL HIRING POLICIES(2011), http://www.nationalreentryresourcecenter.orq/documents/0000/1083/Reentry Council Mythbuster Fed Emt FED. INTERAGENCY REENTRY COUNCIL, REENTRY MYTHBUSTER!ON HIRING/CRIMINAL RECORDS GUIDANCE (2011), http://www.nationalreentryresourcecenter.orq/documentsl0000/1082/Reentry Council Mythbuster Employm FED. INTERAGENCY REENTRY COUNCIL, REENTRY MYTHBUSTER!CRIMINAL HISTORIES AND EMPLOYMENT BACKGROUND CHECKS(2011), http://www.nationalreentryresourcecenter.orq/documents/0000/1176/Reentry Council Mythbuster FCRA E. FED. INTERAGENCY REENTRY COUNCIL, REENTRY MYTHBUSTER!ON FEDERAL BONDING PROGRAM(2011), http://www.nationalreentrvresourcecenter.orq/documents/0000/1061/Reentry Council Mythbuster Federal In addition to these federal efforts, several state law enforcement agencies have embraced initiatives and programs that encourage the employment of ex-offenders. For example,Texas' Department of Criminal Justice has a Reentry and Integration Division and within that Division, a Reentry Task Force Workgroup. See Reentry and Integration Division-Reentry Task Force,TEX. DEP'T OF CRIMINAL JUSTICE, http://www.tdci.state.tx.us/divisions/rid/rid texas reentry task force.html(last visited April 23, 2012). One of the Workgroups in this Task Force specifically focuses on identifying employment opportunities for ex-offenders and barriers that affect ex-offenders' access to employment or vocational training programs. Reentry and Integration Division ""Reentry Task Force Workgroups,TEX. DEP'T OF CRIMINAL JUSTICE, http://www.tdci.state.tx.us/divisions/rid/r workgroup/rid workgroup emplovment.html (last visited April 23, 2012).Similarly, Ohio's Department of Rehabilitation and Correction has an Offender Workforce Development Office that"works with departmental staff and correctional institutions within the Ohio Department of Rehabilitation and Correction to prepare offenders for employment and the job search process."Jobs for Ohio Offenders, OHIO DEP'T OF REHAB.AND CORR. OFFENDER WORKFORCE DEV., http://www.dre.ohio.gov/web/JOBOFFEN.HTM (last updated Aug.9, 2010). Law enforcement agencies in other states such as Indiana and Florida have also recognized the importance of encouraging ex-offender employment. See, e.g., IDOC:Road to Re-Entry, IND. DEP'T OF CORR., http://www.in.gov/idocreentry/index.htm (last visited April 23, 2012)(describing various services and programs that are available to ex-offenders to help them to obtain employment); FLA. DEP'T OF CORRS., RECIDIVISM REDUCTION STRATEGIC PLAN: FISCAL YEAR 2009-2014, at 11, 12 (2009), http://www.dc.state.fl.us/orginfo/FinalRecidivismReductionPlan.pdf(identifying the lack of employment as one of the barriers to successful ex-offender reentry). 17 CARL R. ERNST&LES ROSEN,"NATIONAL"CRIMINAL HISTORY DATABASES 1 (2002), http://www.brbpub.com/articles/CriminalHiston/DB.pdf. 18 LEXISNEXIS, CRIMINAL BACKGROUND CHECKS:WHAT NON-PROFITS NEED TO KNOW ABOUT CRIMINAL RECORDS 4(2009), http://www.lexisnexis.com/risk/nonprofit/documentsNolunteer Screening White Paper.pdf. 19 Id. 20 ERNST& ROSEN, supra note 17, at 1; NAT'L ASS'N OF PROF'L BACKGROUND SCREENERS, CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES 5, http://www.napbs.com/files/public/Learn More/White Papers/CriminalBackgroundChecks.pdf. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 29 of 46 21 LEXISNEXIS, supra note 18, at 6. See also Nat'l Ass'n of Profl Background Screeners, supra note 20 at 5. 22 ERNST& ROSEN, supra note 17, at 1. 23 Id. 24 See SEARCH,THE NATIONAL TASK FORCE ON THE CRIMINAL BACKGROUNDING OF AMERICA 3,4 (2005), http://www.search.orq/files/pdf/ReportofNTFCBA.pdf. Registries and watch lists can also include federal and international terrorist watch lists, and registries of individuals who are being investigated for certain types of crimes, such as gang-related crimes. Id. See also LExISNExIs, supra note 18, at 5 (reporting that"all 50 states currently have a publicly available sex offender registry"). 25 See U.S. DEP'T OF JUSTICE,THE ATTORNEY GENERAL'S REPORT ON CRIMINAL HISTORY BACKGROUND CHECKS 4 (2006), http://www.justice.gov/Olp/aq bechecks report.pdf[hereinafter BACKGROUND CHECKS]. See also ERNST& ROSEN, supra note 17, at 2. 26 See NAT'L ASS'N OF PROF'L BACKGROUND SCREENERS, supra note 20, at 5. See also LEXISNExIs, supra note 18,at 5. 27 LEXISNEXIS, supra note 18, at 5. See also AM.ASS'N OF COLLS. OF PHARMACY, REPORT OF THE AACP CRIMINAL BACKGROUND CHECK ADVISORY PANEL 6""7(2006), http://www.aacp.orq/resources/academ icpolicies/ad missionsquidelines/Documents/AACP Backq rou ndChkRp 28 AM.ASS'N OF COLLS. OF PHARMACY, supra note 27, at 6""7. 29 BACKGROUND CHECKS, supra note 25, at 4. 30 Id. 31 NAT'L ASS'N OF PROF'L BACKGROUND SCREENERS,supra note 20, at 5. 32 BACKGROUND CHECKS, supra note 25, at 4. 33 Id. at 3. 34 See id. ("Non-criminal justice screening using FBI criminal history records is typically done by a government agency applying suitability criteria that have been established by law or the responsible agency."). 35 Id. at 5. 36 Id. at 4. 37 DENNIS A. DEBACCO&OWEN M. GREENSPAN, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, SURVEY OF STATE CRIMINAL HISTORY INFORMATION SYSTEMS, 2010, at 2(2011), https://www.ncjrs.gov/pdffilesl/bis/grants/237253.pdf[hereinafter STATE CRIMINAL HISTORY]. 38 See BACKGROUND CHECKS, supra note 25,at 17. 39 SEARCH, REPORT OF THE NATIONAL TASK FORCE ON THE COMMERCIAL SALE OF CRIMINAL JUSTICE RECORD INFORMATION 83 (2005),www.search.org/files/pdf/RNTFCSCJRI.pdf; see also Douglas Belkin, More Job Seekers Scramble to Erase Their Criminal Past,Wall St. J., Nov. 11,2009, at Al, available at http://online.wsj.com/article/SB125789494126242343.html?KEYWORDS=Douglas+Belkin ("Arrests that http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 30 of 46 have been legally expunged may remain on databases that data-harvesting companies offer to prospective employers;such background companies are under no legal obligation to erase them."). If applicants deny the existence of expunged or sealed records, as they are permitted to do in several states,they may appear dishonest if such records are reported in a criminal background check. See generally Debbie A. Mukamal&Paul N. Samuels, Statutory Limitations on Civil Rights of People with Criminal Records, 30 FORDHAM URB. L.J. 1501, 1509""10(2003)(noting that 29 of the 40 states that allow expungement/sealing of arrest records permit the subject of the record to deny its existence if asked about it on employment applications or similar forms, and 13 of the 16 states that allow the expungement/sealing of adult conviction records permit the subject of the record to deny its existence under similar circumstances). 40 See SEARCH, INTERSTATE IDENTIFICATION NAME CHECK EFFICACY: REPORT OF THE NATIONAL TASK FORCE TO THE U.S.ATTORNEY GENERAL 21""22(1999),www.search.org/files/pdf/III Name Check.pdf("A so-called'name check'is based not only on an individual's name, but also on other personal identifiers such as sex, race,date of birth and Social Security Number. . . . [N]ame checks are known to produce inaccurate results as a consequence of identical or similar names and other identifiers."); id. at 7(finding that in a sample of 82,601 employment applicants,4,562 of these individuals were inaccurately indicated by a"name check"to have criminal records,which represents approximately 5.5%of the overall sample). 41 BACKGROUND CHECKS, supra note 25, at 2. 42 A"consumer reporting agency"is defined by FCRA as"any person which,for monetary fees, dues,or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purposes of furnishing consumer reports to third parties . . . ." 15 U.S.C. § 1681a(f)(emphasis added); see also BACKGROUND CHECKS, supra note 25, at 43(stating that the records that CRAs collect include"criminal history information, such as arrest and conviction information"). 43 A"consumer report"is defined by FCRA as"any written,oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation,personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for. . .employment purposes . . . ." 15 U.S.C. § 1681a(d)(1) (emphasis added). 44 See 15 U.S.C. § 1681c(a)(2)("[N]o consumer reporting agency may make any consumer report containing . . . records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired,whichever is the longer period."). But see id. §1681c (b)(3) (stating that the reporting restrictions for arrest records do not apply to individuals who will earn"an annual salary which equals, or which may reasonably be expected to equal$75,000 or more"). 45 15 U.S.C. § 1681c(a)(5) ("[N]o consumer reporting agency may make any consumer report containing . [a]ny other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years."). 46 BACKGROUND CHECKS,supra note 25,at 2. 47 See Adam Klein, Written Testimony of Adam Klein, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, http://www.eeoc.gov/eeoc/meetings/7-26-11/klein.cfm (last visited April 23,2012) (describing how"several data-collection agencies also market and sell a retail-theft contributory database that is used by prospective employers to screen applicants"). See also Retail Theft Database, ESTEEM, Workplace Theft http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 31 of 46 Contributory Database, LExISNExts, http://www.lexisnexis.com/risk/solutions/retail-theft-contributory- database.aspx(last visited April 23, 2012) (stating that their database has"[t]heft and shoplifting cases supplied by more than 75,000 business locations across the country").These databases may contain inaccurate and/or misleading information about applicants and/or employees. See generally Goode v. LexisNexis Risk& Info.Analytics Grp., Inc., No.2:11-CV-2950-JD,2012 WL 975043(E.D. Pa. Mar. 22, 2012)(unpublished). 48 BACKGROUND CHECKS, supra note 25, at 2. 49 SOC'Y FOR HUMAN RES. MGMT., BACKGROUND CHECKING: CONDUCTING CRIMINAL BACKGROUND CHECKS, slide 3(Jan. 22, 2010), http://www.slideshare.net/shrm/background-check-criminal? from=share email [hereinafter CONDUCTING CRIMINAL BACKGROUND CHECKS](73% of the responding employers reported that they conducted criminal background checks on all of their job candidates, 19% reported that they conducted criminal background checks on selected job candidates, and a mere 7% reported that they did not conduct criminal background checks on any of their candidates).The survey excluded the"not sure"responses from its analysis,which may account for the 1%gap in the total number of employer responses. Id. 50 CONDUCTING CRIMINAL BACKGROUND CHECKS, supra note 49, at slide 7(39%of the surveyed employers reported that they conducted criminal background checks"Rio reduce/prevent theft and embezzlement,other criminal activity"); see also Sarah E. Needleman, Businesses Say Theft by Their Workers is Up,Wall St. J., Dec. 11, 2008,at B8, available at http://online.wsj.com/article/SB122896381748896999.html. 51 CONDUCTING CRIMINAL BACKGROUND CHECKS, supra note 49, at slide 7 (61%of the surveyed employers reported that they conducted criminal background checks"[to]ensure a safe work environment for employees"); see also ERIKA HARRELL, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, WORKPLACE VIOLENCE, 1993""2009,at 1 (2011), http://bjs.oip.usdoi.4ov/content/pub/pdf/wv09.pdf (reporting that in 2009, "[noonfatal violence in the workplace was about 15%of all nonfatal violent crime against persons age 16 or older"). But see id. (noting that from"2002 to 2009, the rate of nonfatal workplace violence has declined by 35%,following a 62%decline in the rate from 1993 to 2002"). Studies indicate that most workplace violence is committed by individuals with no relationship to the business or its employees. See id. at 6 (reporting that between 2005 and 2009,strangers committed the majority of workplace violence against individuals(53%for males and 41%for females)while violence committed by co-workers accounted for a much smaller percentage (16.3%for males and 14.3%for females)); see also NAT'L INST. FOR OCCUPATIONAL SAFETY&HEALTH, CTR. FOR DISEASE CONTROL&PREVENTION, WORKPLACE VIOLENCE PREVENTION STRATEGIES AND RESEARCH NEEDS 4,Table 1 (2006), http://www.cdc.ciov/niosh/docs/2006-144/pdfs/2006-144.pdf(reporting that approximately 85% of the workplace homicides examined were perpetrated in furtherance of a crime by persons with no relationship to the business or its employees; approximately 7%were perpetrated by employees or former employees, 5%were committed by persons with a personal relationship to an employee, and 3%were perpetrated by persons with a customer-client relationship to the business). 52 CONDUCTING CRIMINAL BACKGROUND CHECKS, supra note 49, at slide 7 (55% percent of the surveyed employers reported that they conducted criminal background checks"Rio reduce legal liability for negligent hiring"). Employers have a common law duty to exercise reasonable care in hiring to avoid foreseeable risks of harm to employees, customers, and the public. If an employee engages in harmful misconduct on the job, and the employer has not exercised such care in selecting the employee,the employer may be subject to liability for negligent hiring. See, e.g., Stires v. Carnival Corp.,243 F. Supp. http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 32 of 46 2d 1313, 1318 (M.D. Fla. 2002) ("[N]egligent hiring occurs when . . . the employer knew or should have known of the employee's unfitness, and the issue of liability primarily focuses upon the adequacy of the employer's pre-employment investigation into the employee's background."). 53 CONDUCTING CRIMINAL BACKGROUND CHECKS,supra note 49,at slide 4 (40%of the surveyed employers reported that they conducted criminal background checks for"[jjob candidates for positions for which state law requires a background check(e.g., day care teachers, licensed medical practitioners, etc.)");see id.at slide 7(20%of the employers reported that they conducted criminal background checks "[t]o comply with the applicable State law requiring a background check(e.g., day care teachers, licensed medical practitioners,etc.)for a particular position").The study did not report the exact percentage of employers that conducted criminal background checks to comply with applicable federal laws or regulations, but it did report that 25%of the employers conducted background checks for"[j]ob candidates for positions involving national defense or homeland security."Id. at slide 4. 54 See 42 U.S.C. §2000e-2(a). 55 Disparate treatment based on the race or national origin of job applicants with the same qualifications and criminal records has been documented. For example,a 2003 study demonstrated that White applicants with the same qualifications and criminal records as Black applicants were three times more likely to be invited for interviews than the Black applicants. See Devah Pager, The Mark of a Criminal Record, 108 AM.J. SOC. 937, 958, Figure 6(2003),www.princeton.edu/-'pager/pager ais.pdf. Pager matched pairs of young Black and White men as"testers"for her study.The"testers"in Pager's study were college students who applied for 350 low-skilled jobs advertised in Milwaukee-area classified advertisements, to test the degree to which a criminal record affects subsequent employment opportunities. The same study showed that White job applicants with a criminal record were called back for interviews more often than equally-qualified Black applicants who did not have a criminal record. Id. at 958. See also Devah Pager et al., Sequencing Disadvantage: The Effects of Race and Criminal Background for Low Wage Job Seekers,623 ANNALS AM.ACAD. POL. &SOC. SCI., 199 (2009), www.princeton.edu/-.pager/annals sequencingdisadvantaqe.pdf(finding that among Black and White testers with similar backgrounds and criminal records, "the negative effect of a criminal conviction is substantially larger for blacks than whites. . . .the magnitude of the criminal record penalty suffered by black applicants (60 percent) is roughly double the size of the penalty for whites with a record(30 percent)");see id. at 200-'201 (finding that personal contact plays an important role in mediating the effects of a criminal stigma in the hiring process, and that Black applicants are less often invited to interview,thereby having fewer opportunities to counteract the stigma by establishing rapport with the hiring official); Devah Pager, Statement of Devah Pager, Professor of Sociology at Princeton University, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, http://www.eeoc.gov/eeoc/meetings/11-20-08/pager.cfm (last visited April 23, 2012) (discussing the results of the Sequencing Disadvantage study); DEVAH PAGER& BRUCE WESTERN, NYC COMMISSION ON HUMAN RIGHTS, RACE AT WORK, REALITIES OF RACE AND CRIMINAL RECORD IN THE NYC JOB MARKET 6, Figure 2(2006), http://www.nvc.gov/html/cchr/pdf/race report web.pdf(finding that White testers with a felony conviction were called back 13%of the time, Hispanic testers without a criminal record were called back 14%of the time, and Black testers without a criminal record were called back 10%of the time). 56 Race&Color Discrimination, supra note 15,§V.A.1. 57 A 2006 study demonstrated that employers who are averse to hiring people with criminal records sometimes presumed, in the absence of evidence to the contrary,that African American men applying for jobs have disqualifying criminal records. Harry J. Holzer et al., Perceived Criminality, Criminal Background http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 33 of 46 Checks, and the Racial Hiring Practices of Employers,49 J.L. & ECON.451 (2006), http://www.istor.orq/stable/pdfplus/10.1086/501089.pdf; see also HARRY HOLIER ET AL., URBAN INST., EMPLOYER DEMAND FOR Ex-OFFENDERS: RECENT EVIDENCE FROM LOS ANGELES 6""7(2003), http://www.urban.org/UploadedPDF/410779 ExOffenders.odf(describing the results of an employer survey where over 40% of the employers indicated that they would"probably not"or"definitely not"be willing to hire an applicant with a criminal record). 58 The Commission has not done matched-pair testing to investigate alleged discriminatory employment practices. However, it has issued an Enforcement Guidance that discusses situations where individuals or organizations file charges on the basis of matched-pair testing, among other practices. See generally Enforcement Guidance: Whether"Testers"Can File Charges and Litigate Claims of Employment Discrimination, U.S. EQUAL EMP'T OPPORTUNITY COMM'N (May 22, 1996), http://www.eeoc.gov/policy/docs/testers.html. 5942 U.S.C. §2000e-2(k)(1)(A)(i). If an employer successfully demonstrates that its policy or practice is job related for the position in question and consistent with business necessity, a Title VII plaintiff may still prevail by demonstrating that there is a less discriminatory"alternative employment practice"that serves the employer's legitimate goals as effectively as the challenged practice but that the employer refused to adopt. Id. §2000e-2(k)(1)(A)(ii). 60 401 U.S.424,431""32 (1971). 61 ld. at 431. 62 The Civil Rights Act of 1991, Pub. L. No. 102-166,§ 105; see also Lewis v. City of Chicago, 130 S. Ct. 2191 (2010)(reaffirming disparate impact analysis); Ricci v. DeStefano, 557 U.S. 557(2009)(same). 6342 U.S.C. §2000e-2(k)(1)(A)(i). 64 The Commission presumes that employers use the information sought and obtained from its applicants and others in making an employment decision. See Gregory v. Litton Sys. Inc.,316 F. Supp.401,403 (C.D. Ca1.1970). If an employer asserts that it did not factor the applicant's or employee's known criminal record into an employment decision, the EEOC will seek evidence supporting this assertion. For example, evidence that the employer has other employees from the same protected group with roughly comparable criminal records may support the conclusion that the employer did not use the applicant's or employee's criminal record to exclude him from employment. 65 UNIF. CRIME REPORTING PROGRAM, FED. BUREAU OF INVESTIGATION, CRIME IN THE U.S.2010, at Table 43a (2011), http://www.fbi.gov/about-us/ciis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/tables/table- 43/10tb143a.xls. 66 U.S.CENSUS BUREAU,THE BLACK POPULATION:2010,at 3(2011) , http://www.census.gov/prod/cen2010/briefs/c2010br-06.pdf(reporting that in 2010, "14 percent of all people in the United States identified as Black, either alone, or in combination with one or more races"). 67 Accurate data on the number of Hispanics arrested and convicted in the United States is limited. See NANCY E. WALKER ET AL., NAT'L COUNCIL OF LA RAZA, LOST OPPORTUNITIES:THE REALITY OF LATINOS IN THE U.S. CRIMINAL JUSTICE SYSTEM 17""18 (2004), http://www.policyarchive.orq/handle/10207/bitstreams/20279.pdf(explaining why"[i]t is very difficult to find any information"" let alone accurate information ""on the number of Latinos arrested in the United States").The Department of Justice's Bureau of Justice Statistics' (BJS) Sourcebook of Criminal Justice http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 34 of 46 Statistics and the FBI's Crime Information Services Division do not provide data for arrests by ethnicity. Id. at 17. However,the U.S. Drug Enforcement Administration (DEA) disaggregates data by Hispanic and non-Hispanic ethnicity. Id. at 18.According to DOJ/BJS,from October 1, 2008 to September 30,2009, 45.5%of drug arrests made by the DEA were of Hispanics or Latinos. MARK MOTIVANS, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, FEDERAL JUSTICE STATISTICS,2009""STATISTICAL TABLES, at 6,Table 1.4(2011), http://bis.oip.usdol.qov/content/pub/pdf/fis09.pdf,Accordingly, Hispanics were arrested for drug offenses by the DEA at a rate of three times their numbers in the general population. See U.S. CENSUS BUREAU, OVERVIEW OF RACE AND HISPANIC ORIGIN: 2010,at 3(2011), http:llwww.census.qov/prod/cen201olbriefs/c2010br-02.pdf(reporting that in 2010, "there were 50.5 million Hispanics in the United States, composing 16 percent of the total population"). However, national statistics indicate that Hispanics have similar or lower drug usage rates compared to Whites. See, e.g., SUBSTANCE ABUSE&MENTAL HEALTH SERVS.ADMIN., U.S. DEP'T OF HEALTH& HUMAN SERVS., RESULTS FROM THE 2010 NATIONAL SURVEY ON DRUG USE AND HEALTH: SUMMARY OF NATIONAL FINDINGS 21, Figure 2.10(2011), http://oas.samhsa.qov/NSDUH/2k10NSDUH/2k1OResults.pdf(reporting,for example, that the usage rate for Hispanics in 2009 was 7.9%compared to 8.8%for Whites). 68 See, e.g., HUMAN RIGHTS WATCH, DECADES OF DISPARITY: DRUG ARRESTS AND RACE IN THE UNITED STATES 1 (2009), http://www.hrw.orq/sites/default/files/reports/us0309web 1.pdf(noting that the"[t]he higher rates of black drug arrests do not reflect higher rates of black drug offending . . . . blacks and whites engage in drug offenses-possession and sales-at roughly comparable rates"); SUBSTANCE ABUSE&MENTAL HEALTH SERVS.ADMIN., U.S. DEP'T OF HEALTH& HUMAN SERVS., RESULTS FROM THE 2010 NATIONAL SURVEY ON DRUG USE AND HEALTH: SUMMARY OF NATIONAL FINDINGS 21 (2011), http://oas.samhsa.qov/NSDUH/2k1 ONSDUH/2k1OResults.pdf(reporting that in 2010,the rates of illicit drug use in the United States among persons aged 12 or older were 10.7%for African Americans, 9.1% for Whites,and 8.1%for Hispanics); HARRY LEVINE&DEBORAH SMALL, N.Y. CIVIL LIBERTIES UNION, MARIJUANA ARREST CRUSADE: RACIAL BIAS AND POLICE POLICY IN NEW YORK CITY, 1997""2007, at 13""16(2008),www.nvclu.org/files/MARIJUANA-ARREST-CRUSADE Final.pdf(citing U.S.Government surveys showing that Whites use marijuana at higher rates than African Americans and Hispanics; however,the marijuana arrest rate of Hispanics is nearly three times the arrest rate of Whites,and the marijuana arrest rate of African Americans is five times the arrest rate of Whites). 69 PREVALENCE OF IMPRISONMENT, supra note 4, at 1, 8. Due to the nature of available data,the Commission is using incarceration data as a proxy for conviction data. 70 Id. 71 Id. 72 MARC MAUER&RYAN S. KING,THE SENTENCING PROJECT, UNEVEN JUSTICE: STATE RATES OF INCARCERATION BY RACE AND ETHNICITY 10(2007),www.sentencinoprolect.orq/Admin%5CDocuments% 5Cpublications%5Crd stateratesofincbvraceandethnicity.pdf. 73 Id. 74 PAUL GUERINO ET AL., BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, PRISONERS IN 2010, at 27,Table 14 (2011), http://bis.oip.usdoi.qov/content/publpdf/p10.pdf(reporting that as of December 31, 2010, Black men were imprisoned at a rate of 3,074 per 100,000 Black male residents, Hispanic men were imprisoned at a rate of 1,258 per 100,000 Hispanic male residents, and White men were imprisoned at a rate of 459 per 100,000 White male residents); cf. ONE IN 31, supra note 4, at 5("Black adults are four times as likely as whites and nearly 2.5 times as likely as Hispanics to be under correctional control. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 35 of 46 One in 11 black adults--9.2 percent--was under correctional control [probation, parole, prison, or jail]at year end 2007."). 75 The Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. part 1607, provide that "[employers] should maintain and have available . . . information on [the] adverse impact of[their employment selection procedures]."29 C.F.R. § 1607.15A. "Where[an employer] has not maintained [such records, the EEOC] may draw an inference of adverse impact of the selection process from the failure of[the employer]to maintain such data . . . ."Id. § 1607.4D. 76 See, e.g., El v. SEPTA,418 F. Supp. 2d 659, 668""69(E.D. Pa.2005) (finding that the plaintiff established a prima facie case of disparate impact with evidence from the defendant's personnel records and national data sources from the U.S. Bureau of Justice Statistics and the Statistical Abstract of the U.S.), aff'd on other grounds, 479 F.3d 232 (3d Cir. 2007); Green v. Mo. Pac. R.R., 523 F.2d 1290, 1294""95 (8th Cir. 1975) (concluding that the defendant's criminal record exclusion policy had a disparate impact based on race by evaluating local population statistics and applicant data), appeal after remand, 549 F.2d 1158, 1160 (8th Cir. 1977). 77 457 U.S. 440,442 (1982). 78 Id. at 453""54 79 433 U.S. 321, 330 (1977). 80See, e.g., Intl Bhd. of Teamsters v. United States,431 U.S. 324,365 (1977) (stating that"[a] consistently enforced discriminatory policy can surely deter job applications from those who are aware of it and are unwilling to subject themselves to the humiliation of explicit and certain rejection"). 81 42 U.S.C. §2000e-2(k)(1)(A)(i). See Griggs v. Duke Power Co., 401 U.S. 424 (1971). See also 42 U.S.C. §2000e(m) (defining the term "demonstrates"to mean"meets the burdens of production and persuasion"). 82 422 U.S.405(1975). 83433 U.S. 321 (1977). 84 137 Cong. Rec. 15273 (1991) (statement of Sen. Danforth) ("[f]he terms"-business necessity' and "-job related' are intended to reflect the concepts enunciated by the Supreme Court in Griggs v. Duke Power Co, and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Atonio." (citations omitted)). Section 105(b) of the Civil Rights Act of 1991 provides that only the interpretive memorandum read by Senator Danforth in the Congressional Record may be considered legislative history or relied upon in construing or applying the business necessity standard. 85 401 U.S. at 431, 436. 86 422 U.S. at 430""31 (endorsing the EEOC's position that discriminatory tests are impermissible unless shown, by professionally acceptable methods, to predict or correlate with """important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated'"(quoting 29 C.F.R. § 1607.4(c))). 87 433 U.S.at 331""32 (concluding that using height and weight as proxies for strength did not satisfy the business necessity defense because the employer failed to establish a correlation between height and weight and the necessary strength, and also did not specify the amount of strength necessary to perform the job safely and efficiently). http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 36 of 46 88 Id. at 331 n.14. 89 523 F.2d 1290, 1293 (8th Cir. 1975). "In response to a question on an application form, Green [a 29- year-old African American man] disclosed that he had been convicted in December 1967 for refusing military induction. He stated that he had served 21 months in prison until paroled on July 24, 1970." Id. at 1292""93. 90 Green v. Mo. Pac. R.R., 549 F.2d 1158, 1160(8th Cir. 1977) (upholding the district court's injunction prohibiting the employer from using an applicant's conviction record as an absolute bar to employment but allowing it to consider a prior criminal record as a factor in making individual hiring decisions, as long as the defendant took these three factors into account). 91 Id. (referring to completion of the sentence rather than completion of parole). 92 Id. 93 479 F.3d 232 (3d Cir. 2007). 94 Id. at 235. 95 Id. at 235, 236. 96 Id. at 235. 97 Id. at 244. 98 Id. at 244""45. 99 Id. at 247. Cf. Shawn Bushway et al., The Predictive Value of Criminal Background Checks:Do Age and Criminal History Affect Time to Redemption?,49 CRIMINOLOGY 27, 52 (2011) [hereinafter The Predictive Value of Criminal Background Checks] ("Given the results of the current as well as previous [recidivism] studies,the 40-year period put forward in El v. SEPTA (2007) . . . seems too old of a score to be still in need of settlement."). 100 El, 479 F.3d at 248. 101 Some states have enacted laws to limit employer inquiries concerning all or some arrest records. See BACKGROUND CHECKS, supra note 25, at 48""49.At least 13 states have statutes explicitly prohibiting arrest record inquiries and/or dissemination subject to certain exceptions. See, e.g., Alaska (ALASKA STAT.§ 12.62.160(b)(8)); Arkansas(ARK. CODE ANN. § 12-12-1009(c)); California (CAL. LAB. CODE§ 432.7(a)); Connecticut(CONN. GEN. STAT. §46a-80(e)); Illinois(775 ILL. COMP. STAT. §5/2-103(A)) (dealing with arrest records that have been ordered expunged, sealed, or impounded); Massachusetts (MASS. GEN. LAws ch. 151B§ 4(9)); Michigan (MICH COMP. LAwS§ 37.2205a(1) (applying to misdemeanor arrests only)); Nebraska (NEB. REv. STAT. §29-3523(2)) (ordering no dissemination of arrest records under certain conditions and specified time periods)); New York(N.Y. EXEC. LAW§296 (16)); North Dakota (N.D. CENT. CODE§ 12-60-16.6(2)); Pennsylvania (18 PA. CONS. STAT. § 9121(b)(2)); Rhode Island (R.I. GEN. LAws§28-5-7(7)), and Wisconsin (WiS. STAT. §§ 111.321, 111.335a). 102 See United States v. Armstrong, 517 U.S. 456,464 (1996) (discussing federal prosecutors' broad discretionary authority to determine whether to prosecute cases and whether to bring charges before a grand jury); Bordenkircher v. Hayes,434 U.S. 357, 364 (1978) (explaining same for state prosecutors); see also THOMAS H. COHEN&TRACEY KYCKELHAHN, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, FELONY DEFENDANTS IN LARGE URBAN COUNTIES, 2006, at 10, Table 11 (2010), http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 37 of 46 http://bis.oip.usdoi.gov/content/pub/pdf/fdluc06.pdf(reporting that in the 75 largest counties in the country, nearly one-third of the felony arrests did not result in a conviction because the charges against the defendants were dismissed). 103 Schware v. Bd. of Bar Exam'rs, 353 U.S. 232, 241 (1957) ("The mere fact that a [person] has been arrested has very little, if any, probative value in showing that he has engaged in any misconduct."); United States.v. Hynes,467 F.3d 951, 957(6th Cir. 2006) (upholding a preliminary jury instruction that stated that a "defendant is presumed to be innocent unless proven guilty.The indictment against the Defendant is only an accusation, nothing more. It's not proof of guilt or anything else."); see Gregory v. Litton Sys. Inc., 316 F. Supp. 401,403 (C.D. Cal. 1970) ("[I]nformation concerning a prospective employee's record of arrests without convictions, is irrelevant to [an applicant's]suitability or qualification for employment."), modified on other grounds,472 F.2d 631 (9th Cir. 1972); Dozier v. Chupka, 395 F. Supp. 836, 850 n.10(S.D. Ohio 1975) (stating that the use of arrest records was too crude a predictor of an employee's predilection for theft where there were no procedural safeguards to prevent reliance on unwarranted arrests); City of Cairo v. III. Fair Empl. Prac. Comm., 8 Empl. Prac. Dec. (CCH) &9682 (III. App. Ct. 1974) (concluding that, where applicants sought to become police officers, they could not be absolutely barred from appointment solely because they had been arrested, as distinguished from convicted); see also EEOC Dec. 74 83,All 6424(CCH) (1983) (finding no business justification for an employer's unconditional termination of all employees with arrest records(all five employees terminated were Black), purportedly to reduce thefts in the workplace;the employer produced no evidence that these particular employees had been involved in any of the thefts, or that all people who are arrested but not convicted are prone towards crime in the future); EEOC Dec. 76 87,Al!6665 (CCH) (1983) (holding that an applicant who sought to become a police officer could not be rejected based on one arrest five years earlier for riding in a stolen car when he asserted that he did not know that the car was stolen and the charge was dismissed). 104 See STATE CRIMINAL HISTORY, supra note 37, at 2; see also BACKGROUND CHECKS, supra note 25, at 17. 105 See supra notes 39-40. 106 See Clark v.Arizona, 548 U.S. 735, 766 (2006) ("The first presumption [in a criminal case] is that a defendant is innocent unless and until the government proves beyond a reasonable doubt each element of the offense charged. . . ."). See also Fed. R. Crim P 11 (criminal procedure rule governing pleas).The Supreme Court has concluded that criminal defendants have a Sixth Amendment right to effective assistance of counsel during plea negotiations. See generally Lafler v. Cooper, 132 S. Ct. 1376 (2012); Missouri v. Frye, 132 S. Ct. 1399 (2012). 107 See supra text accompanying note 39. 108 See e.g., HAW. REV. STAT. §378-2.5(b). Under this provision, the employer may withdraw the offer of • employment if the prospective employee has a conviction record"that bears a rational relationship to the duties and responsibilities of the position." Id. See also CONN. GEN. STAT. §46a-80(b) ("[N]o employer. . shall inquire about a prospective employee's past convictions until such prospective employee has been deemed otherwise qualified for the position."); MINN. STAT. § 364.021(a) ("[A] public employer may not inquire or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer."). State fair employment practices agencies have information about applicable state law. http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 38 of 46 109 See generally NAT'L LEAGUE OF CITIES& NAT'L EMP'T LAW PROJECT, CITIES PAVE THE WAY: PROMISING REENTRY POLICIES THAT PROMOTE LOCAL HIRING OF PEOPLE WITH CRIMINAL RECORDS (2010),www.nelp.orq/page/-/SCLP/2010/CitiesPavetheWay.pdf?nocdn=1 (identifying local initiatives that address ways to increase employment opportunities for individuals with criminal records, including delaying a background check until the final stages of the hiring process, leveraging development funds, and expanding bid incentive programs to promote local hiring priorities); NAT'L EMP'T LAW PROJECT, CITY AND COUNTY HIRING INITIATIVES(2010),www.nelp.orq/page/-/SCLP/CitvandCountyHiringlnitiatives.pdf (discussing the various city and county initiatives that have removed questions regarding criminal history from the job application and have waited until after a conditional offer of employment has been made to conduct a background check and inquire about the applicant's criminal background). 110 Several federal laws automatically prohibit employing individuals with certain felony convictions or, in some cases, misdemeanor convictions. See, e.g., 5 U.S.C. § 7371(b) (requiring the mandatory removal of any federal law enforcement officer who is convicted of a felony);46 U.S.C.§70105(c)(1)(A) (mandating that individuals who have been convicted of espionage, sedition,treason or terrorism be permanently disqualified from receiving a biometric transportation security card and thereby excluded from port work employment);42 U.S.C. § 13726(b)(1)(disqualifying persons with felony convictions or domestic violence convictions from working for a private prisoner transport company); 25 U.S.C. §3207(b) (prohibiting individuals with a felony conviction, or any of two or more misdemeanor convictions,from working with Indian children if their convictions involved crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons, or offenses committed against children); 18 U.S.C.§922 (g)(1), (9)(prohibiting an individual convicted of a felony or a misdemeanor for domestic violence from possessing a firearm,thereby excluding such individual from a wide range of jobs that require such possession); 18 U.S.C. §2381 (prohibiting individuals convicted of treason from"holding any office under the United States"). Other federal laws prohibit employing individuals with certain convictions for a defined time period. See, e.g., 5 U.S.C. § 7313(a)(prohibiting individuals convicted of a felony for inciting a riot or civil disorder from holding any position in the federal govemment for five years after the date of the conviction); 12 U.S.C. § 1829(requiring a ten-year ban on employing individuals in banks if they have certain financial-related convictions);49 U.S.C. §44936(b)(1)(B) (imposing a ten-year ban on employing an individual as a security screener for an air carrier if that individuals has been convicted of specified crimes). 111 See 29 C.F.R.§ 1607.5 (describing the general standards for validity studies). 112 Id. 113 Id. § 1607.6B.The following subsections state: (1) Where informal or unscored procedures are used. When an informal or unscored selection procedure which has an adverse impact is utilized, the user should eliminate the adverse impact, or modify the procedure to one which is a formal, scored or quantified measure or combination of measures and then validate the procedure in accord with these guidelines, or otherwise justify continued use of the procedure in accord with Federal law. (2) Where formal and scored procedures are used. When a formal and scored selection procedure is used which has an adverse impact, the validation techniques contemplated by these guidelines usually should be followed if technically feasible. Where the user cannot or need not follow the validation techniques anticipated by these guidelines, the user should http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 39 of 46 either modify the procedure to eliminate adverse impact or otherwise justify continued use of the procedure in accord with Federal law. Id.§ 1607.6A, B(1)""(2). 114 See, e.g., Brent W. Roberts et al., Predicting the Counterproductive Employee in a Child-to-Adult Prospective Study, 92 J.APPLIED PSYCHOL. 1427, 1430(2007), http:/finternal.psychologv.ill inois.edu/—broberts/Roberts.%20Harms,%20Caspi,%20&%20Moffitt,% 202007.pdf(finding that in a study of New Zealand residents from birth to age 26, "[a]dolescent criminal convictions were unrelated to committing counterproductive activities at work[such as tardiness, absenteeism, disciplinary problems, etc.]. In fact, according to the[results of the study], people with an adolescent criminal conviction record were less likely to get in a fight with their supervisor or steal things from work."). 115 See OHIO REV. CODE ANN. §2913.02. 116 523 F.2d at 1298 (stating that"[w]e cannot conceive of any business necessity that would automatically place every individual convicted of any offense,except a minor traffic offense, in the permanent ranks of the unemployed"). 117 479 F.3d at 247. 118 See, e.g., Keith Soothill&Brian Francis, When do Ex-Offenders Become Like Non-Offenders?,48 HOWARD J. OF GRIM. JUST., 373, 380""81 (2009) (examining conviction data from Britain and Wales, a 2009 study found that the risk of recidivism declined for the groups with prior records and eventually converged within 10 to 15 years with the risk of those of the nonoffending comparison groups);Alfred Blumstein& Kiminori Nakamura, Redemption in the Presence of Widespread Criminal Background Checks,47 CRIMINOLOGY 327 (2009) (concluding that there may be a"point of redemption"(i.e.,a point in time where an individual's risk of re-offending or re-arrest is reasonably comparable to individuals with no prior criminal record)for individuals arrested for certain offenses if they remain crime free for a certain number of years); Megan C. Kurlychek, Robert Brame&Shawn D. Bushway, Enduring Risk?Old Criminal Records and Predictions of Future Criminal Involvement, 53 CRIME& DELINQUENCY 64(2007) (analyzing juvenile police contacts and Racine, Wisconsin police contacts for an aggregate of crimes for 670 males born in 1942 and concluding that, after seven years,the risk of a new offense approximates that of a person without a criminal record); Megan C. Kurlychek et al., Scarlet Letters and Recidivism:Does an Old Criminal Record Predict Future Offending?, 5 CRIMINOLOGY&PUB. PoL'Y 483(2006) (evaluating juvenile police contacts and arrest dates from Philadelphia police records for an aggregate of crimes for individuals born in 1958, a 2006 study concluded that the risk of recidivism decreases over time and that, six or seven years after an arrest, an individual's risk of re-arrest approximates that of an individual who has never been arrested). 119 Griggs, 401 U.S. at 431. 120 523 F.2d at 1298; see also Field v. Orkin Extermination Co., No. Civ.A. 00-5913, 2002 WL 32345739,at*1 (E.D. Pa. Feb. 21, 2002) (unpublished)("[A] blanket policy of denying employment to any person having a criminal conviction is a[per se]violation of Title VII.").The only exception would be if such an exclusion were required by federal law or regulation. See, e.g., supra note 110. 121 Cf. Field,2002 WL 32345739, at*1. In Field, an employee of ten years was fired after a new company that acquired her former employer discovered her 6-year-old felony conviction. The new company had a blanket policy of firing anyone with a felony conviction less than 10 years old. The court http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 40 of 46 granted summary judgment for the employee because the employer's argument that her conviction was related to her job qualifications was"weak at best,"especially given her positive employment history with her former employer. Id. 122 Recidivism rates tend to decline as ex-offenders' ages increase.A 2011 study found that an individual's age at conviction is a variable that has a"substantial and significant impact on recidivism." The Predictive Value of Criminal Background Checks,supra note 99, at 43. For example,the 26-year-olds in the study,with no prior criminal convictions, had a 19.6% chance of reoffending in their first year after their first conviction, compared to the 36-year-olds who had an 8.8%chance of reoffending during the same time period, and the 46-year-olds who had a 5.3%of reoffending. Id. at 46. See also PATRICK A. LANGAN&DAVID J. LEVIN, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, SPECIAL REPORT: RECIDIVISM OF PRISONERS RELEASED IN 1994, at 7 (2002), http://bis.olp.usdoj.gov/content/pub/pdf/rpr94.pdf(finding that, although 55.7%of ex-offenders aged 14""17 released in 1994 were reconvicted within three years,the percentage declined to 29.7%for ex- offenders aged 45 and older who were released the same year). Consideration of an applicant's age at the time the offense occurred or at his release from prison would benefit older individuals and, therefore,would not violate the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. See Age Discrimination in Employment Act, 29 C.F.R. § 1625.2("Favoring an older individual over a younger individual because of age is not unlawful discrimination under the ADEA, even if the younger individual is at least 40 years old."); see also Gen. Dynamics Land Sys., Inc. v. Cline, 540 U.S. 581, 600 (2004) (concluding that the ADEA does not preclude an employer from favoring an older employee over a younger one within the protected age group). 123 See Laura Moskowitz, Statement of Laura Moskowitz, Staff Attorney, National Employment Law Project's Second Chance Labor Project, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, http://www.eeoc.gov/eeoc/meetings/11-20-08/moskowitz.cfm (last visited April 23, 2012) (stating that one of the factors that is relevant to the assessment of an ex-offender's risk to a workplace and to the business necessity analysis, is the"length and consistency of the person's work history, including whether the person has been recently employed"; also noting that various studies have"shown a strong relationship between employment and decreases in crime and recidivism"). But see Stephen J. Tripodi et al., Is Employment Associated With Reduced Recidivism?: The Complex Relationship Between Employment and Crime, 54 INT'L J. OF OFFENDER THERAPY AND COMP. CRIMINOLOGY 716, 716 (2010) (finding that"[b]ecoming employed after incarceration, although apparently providing initial motivation to desist from crime, does not seem to be on its own sufficient to prevent recidivism for many parolees"). 124 See WENDY ERISMAN& JEANNE BAYER CONTARDO, INST. FOR HIGHER EDUC. POLICY, LEARNING TO REDUCE RECIDIVISM:A 50 STATE ANALYSIS OF POSTSECONDARY CORRECTIONAL EDUCATION 5(2005), http://www.ihep.orq/assets/files/publications/q-I/LearningReduceRecidivism.pdf(finding that increasing higher education for prisoners enhances their prospects for employment and serves as a cost-effective approach to reducing recidivism); see also John H. Laud& Robert J. Sampson, Understanding Desistance from Crime, 28 CRIME&JUST. 1, 17""24(2001), http://www.ncjrs.qov/pdffiles1/Diqitization/192542-192549NCJRS.pdf(stating that factors associated with personal rehabilitation and social stability, such as stable employment, family and community involvement, and recovery from substance abuse, are correlated with a decreased risk of recidivism). 125 Some employers have expressed a greater willingness to hire ex-offenders who have had an ongoing relationship with third party intermediary agencies that provide supportive services such as drug testing, referrals for social services, transportation, child care, clothing, and food. See Amy L. Solomon et al., http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 41 of 46 From Prison to Work: The Employment Dimensions of Prisoner Reentry, 2004 Urban Inst. 20, http://www.urban.orq/UploadedPDF/411097 From Prison to Work.pdf. These types of services can help ex-offenders avoid problems that may interfere with their ability to obtain and maintain employment. Id.; see generally Victoria Kane, Transcript of 7-26-11 Meeting, U.S. Equal Emp't Opportunity Comm'n, http://www.eeoc.qov/eeoc/meetings/7-26-11/transcript.cfm#kane (last visited April 23, 2012) (describing why employers should partner with organizations that provide supportive services to ex-offenders). 126 See generally REENTRY MYTHBUSTER! ON FEDERAL BONDING PROGRAM, supra note 16; Work Opportunity Tax Credit(WOTC), EMP'T&TRAINING ADMIN., U.S. DEP'T OF LABOR, http://www.doleta.qov/business/incentives/opptax/(last visited April 3, 2012); Directory of State Bonding Coordinators, EMP'T&TRAINING ADMIN., U.S. DEP'T OF LABOR, http://www.doleta.gov/usworkforce/onestop/FBPContact.cfm (last visited April 3, 2012); Federal Bonding Program-Background, U.S. DEP'T OF LABOR, http://www.bonds4jobs.com/program-background.html (last visited April 3,2012); Bureau of Prisons: UNICOR's Federal Bonding Program, http://www.bop.gov/inmate proqrams/itb bondinq.jsp (last visited April 3, 2012). 127 This example is loosely based on a study conducted by Alfred Blumstein and Kiminori Nakamura measuring the risk of recidivism for individuals who have committed burglary, robbery, or aggravated assault. See Blumstein & Nakamura, supra note 118. 128 42 U.S.C. §2000e-2(k)(1)(A)(ii), (C). See also Watson v. Fort Worth Bank&Trust, 487 U.S. 977, 998 (1988). 129 See Exec. Order No. 12,067, 3 C.F.R. 206(1978 Comp.). 130 See 49 U.S.C. §§44935(e)(2)(B),44936(a)(1), (b)(1). The statute mandates a criminal background check. 131 See 5 U.S.C. § 7371(b) (requiring mandatory removal from employment of law enforcement officers convicted of felonies). 132 See 42 U.S.C. § 13041(c) ("Any conviction for a sex crime, an offense involving a child victim, or a drug felony may be grounds for denying employment or for dismissal of an employee. . . ."). 133 12 U.S.C. § 1829. 134 46 U.S.C. § 70105(c). 135 Other jobs and programs subject to federally-imposed restrictions based on criminal convictions include the business of insurance(18 U.S.C. § 1033(e)), employee benefits employee (29 U.S.C. § 1111 (a)), participation in Medicare and state health care programs (42 U.S.C. § 1320a-7(a)""(b)),defense contractor(10 U.S.C. §2408(a)), prisoner transportation(42 U.S.C. § 13726b(b)(1)), and court-imposed occupational restrictions (18 U.S.C. §§ 3563(b)(5), 3583(d)).This list is not meant to be exhaustive. 136 See, e.g., federal statutes governing commercial motor vehicle operator's licenses (49 U.S.C. § 31310(b)-(h)), locomotive operator licenses (49 U.S.C. §20135(b)(4)(B)), and certificates, ratings, and authorizations for pilots,flight instructors, and ground instructors(49 U.S.C. §§44709(b)(2),44710(b), 4711(c); 14 C.F.R. § 61.15). 137 See, e.g., federal statutes governing loan originator licensing/registration (12 U.S.C. §5104(b)(2)), registration of brokers and dealers(15 U.S.C. §78o(b)(4)(B)), registration of commodity dealers (7 U.S.C. § 12a(2)(D), (3)(D), (E), (H)), and registration of investment advisers (15 U.S.C. §80b-3(e)(2)-(3), (f)). http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 42 of 46 138 See, e.g.,custom broker's licenses(19 U.S.C. §1641(d)(1)(B)),export licenses (50 U.S.C.App. § 2410(h)), and arms export(22 U.S.C. §2778(g)). 139 See, e.g.,grain inspector's licenses(7 U.S.C. §85), merchant mariner's documents, licenses, or certificates of registry(46 U.S.C.§7503(b)), licenses to import, manufacture, or deal in explosives or permits to use explosives(18 U.S.C. § 843(d)), and farm labor contractor's certificates of registration(29 U.S.C.§ 1813(a)(5)). This list of federally-imposed restrictions on occupational licenses and registrations for individuals with certain criminal convictions is not meant to be exhaustive. For additional information, please consult the relevant federal agency or department. 140 See 12 U.S.C. § 1829(a)(1).The statute imposes a ten-year ban for individuals who have been convicted of certain financial crimes such as corruption involving the receipt of commissions or gifts for procuring loans(18 U.S.C.§215), embezzlement or theft by an officer/employee of a lending, credit,or insurance institution(18 U.S.0§657),false or fraudulent statements by an officer/employee of the federal reserve or a depository institution(18 U.S.C. § 1005),or fraud by wire, radio, or television that affects a financial institution (18 U.S.C.§ 1343), among other crimes. See 12 U.S.C. § 1829(a)(2)(A)(i)(I), (II). Individuals who have either been convicted of the crimes listed in§ 1829(a)(2)(A), or conspiracy to commit those crimes, will not receive an exception to the application of the 10-year ban from the FDIC. 12 U.S.C. § 1829(a)(2)(A). 141 See FED. DEPOSIT INS. CORP., FDIC STATEMENT OF POLICY FOR SECTION 19 OF THE FDI ACT, §C, "PROCEDURES"(amended May 13, 2011), http://www.fdic.gov/requlations/laws/rules/5000-1300.html [hereinafter FDIC POLICY]; see also Statement of Policy,63 Fed. Reg. 66,177, 66,184(Dec. 1, 1998); Clarification of Statement of Policy, 76 Fed. Reg.28,031 (May 13,2011) (clarifying the FDIC's Statement of Policy for Section 19 of the FDI Act). "Approval is automatically granted and an application [for a waiver]will not be required where[an individual who has been convicted of]the covered offense[criminal offenses involving dishonesty, breach of trust, or money laundering] . . . meets all of the ["de minimis"]criteria"set forth in the FDIC's Statement of Policy. FDIC POLICY,supra, § B(5).These criteria include the following: (1)there is only one conviction or program of record for a covered offense; (2)the offense was punishable by imprisonment for a term of one year or less and/or a fine of$1,000 or less,and the individual did not serve time in jail; (3)the conviction or program was entered at least five years prior to the date an application would otherwise be required; and(4)the offense did not involve an insured depository institution or insured credit union. Id. Additionally,an individual's conviction for writing a"bad"check will be considered a de minimis offense, even if it involved an insured depository institution or insured credit union, if: (1)all other requirements of the de minimis offense provisions are met; (2)the aggregate total face value of the bad or insufficient funds check(s)cited in the conviction was$1000 or less; and (3) no insured depository institution or insured credit union was a payee on any of the bad or insufficient funds checks that were the basis of the conviction. Id. 142 See FDIC POLICY, supra note 141, §C, "Procedures." 143 Id. But cf. NAT'L H.I.R.E. NETWORK, PEOPLE WITH CRIMINAL RECORDS WORKING IN FINANCIAL INSTITUTIONS:THE RULES ON FDIC WAIVERS, http://www.hirenetwork.orq/FDIC.html ("Institutions rarely seek a waiver, except for higher level positions when the candidate is someone the institution wants to hire. Individuals can only seek FDIC approval themselves if they ask the FDIC to waive the usual requirement. Most individuals probably are unaware that they have this right."); FED. DEPOSIT INSUR. CORP. 2010 ANNUAL REPORT,§VI.A: KEY STATISTICS, FDIC ACTIONS ON FINANCIAL INSTITUTION http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 43 of 46 APPLICATIONS 2008""2010(2011), http://www.fdic.gov/about/strategic/report/2010annualreport/chpt6- 01.html(reporting that between 2008 and 2010, the FDIC approved a total of 38 requests for consent to employ individuals with covered offenses in their background;the agency did not deny any requests during this time period). 144 FDIC POLICY, supra note 141, § D,"EVALUATION OF SECTION 19 APPLICATIONS"(listing the factors that are considered in this waiver review process,which include: (1)the nature and circumstances underlying the offense; (2)"[e]vidence of rehabilitation including the person's reputation since the conviction . . . the person's age at the time of conviction . . . and the time which has elapsed since the conviction"; (3)the position to be held in the insured institution; (4)the amount of influence/control the individual will be able to exercise over management affairs; (5)management's ability to control and supervise the individual's activities; (6)the degree of ownership the individual will have in the insured institution; (7)whether the institution's fidelity bond coverage applies to the individual; (8)the opinion of the applicable federal and/or state regulators; and (9) any other relevant factors). 145 See 49 C.F.R. §§ 1515.7 (describing the procedures for waiver of criminal offenses, among other standards), 1515.5 (explaining how to appeal the Initial Determination of Threat Assessment based on a criminal conviction). In practice, some worker advocacy groups have criticized the TWIC appeal process due to prolonged delays,which leaves many workers jobless; especially workers of color. See generally MAURICE EMSELLEM ET AL., NAT'L EMP'T LAW PROJECT,A SCORECARD ON THE POST-911 PORT WORKER BACKGROUND CHECKS: MODEL WORKER PROTECTIONS PROVIDE A LIFELINE FOR PEOPLE OF COLOR, WHILE MAJOR TSA DELAYS LEAVE THOUSANDS JOBLESS DURING THE RECESSION (2009), http://nelp.3cdn.net/2d5508b4cec6e13da6 upm6b20e5.pdf. The Patient Protection and Affordable Care Act, Pub. L. No. 111-148, §6201, 124 Stat. 721 (2010) (the Act) includes a process to appeal or dispute the accuracy of information obtained from criminal records. The Act requires participating states to perform background checks on applicants and current employees who have direct access to patients in long-term care facilities, such as nursing homes,to determine if they have been convicted of an offense or have other disqualifying information in their background, such as a finding of patient or resident abuse, that would disqualify them from employment under the Social Security Act or as specified by state law. See 42 U.S.C. § 1320a-71(a)(3)(A), (a)(4)(B), (6)(A)""(E).The background check involves an individualized assessment of the relevance of a conviction or other disqualifying information. The Act protects applicants and employees in several ways,for example, by: (1)providing a 60-day provisional period of employment for the prospective employee, pending the completion of the criminal records check; (2) providing an independent process to appeal or dispute the accuracy of the information obtained in the criminal records check; and (3) allowing the employee to remain employed (subject to direct on-site supervision)during the appeals process.42 U.S.C. § 1320a-71(a)(4)(B)(iii), (iv). 146See 46 U.S.C. §70105(d); see generally TWIC Program, 49 C.F.R.§ 1572.103(listing the disqualifying offenses for maritime and land transportation security credentials, such as convictions and findings of not guilty by reason of insanity for espionage, murder, or unlawful possession of an explosive; also listing temporarily disqualifying offenses,within seven years of conviction or five years of release from incarceration, including dishonesty,fraud, or misrepresentation(expressly excluding welfare fraud and passing bad checks),firearms violations, and distribution, intent to distribute,or importation of controlled substances). 147 46 U.S.C. §70105(c)(1)(A)""(B). 148 46 U.S.C. §70105(c)(1)(B)(iii). http://www.eeoc.gov/laws/guidance/arrest conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 44 of 46 149 See 46 U.S.C. §70105(c)(1)(A)(iv) (listing"Federal crime of terrorism"as a permanent disqualifying offense);see also 18 U.S.C.§2332b(g)(5)(B) (defining"Federal crime of terrorism"to include the use of weapons of mass destruction under§2332a). 150 See 49 C.F.R. § 1515.7(a)(i) (explaining that only certain applicants with disqualifying crimes in their backgrounds may apply for a waiver;these applicants do not include individuals who have been convicted of a Federal crime of terrorism as defined by 18 U.S.C.§2332b(g)). 151 These positions are defined as"national security positions"and include positions that"involve activities of the Government that are concerned with the protection of the nation from foreign aggression or espionage,including development of defense plans or policies,intelligence or counterintelligence activities,and related activities concerned with the preservation of the military strength of the United States"or"require regular use of, or access to, classified information."5 C.F.R.§ 732.102(a)(1)"(2).The requirements for"national security positions"apply to competitive service positions, Senior Executive Service positions filled by career appointment within the Executive Branch, and excepted service positions within the Executive Branch. Id. §732.102(b). The head of each Federal agency can designate any position within that department or agency as a"sensitive position"if the position"could bring about, by virtue of the nature of the position, a material adverse effect on the national security."Id. §732.201(a). Designation of a position as a"sensitive position"will fall under one of three sensitivity levels: Special- Sensitive, Critical-Sensitive,or Noncritical-Sensitive. Id. 152 See Exec. Order No. 12,968,§3.1(b),3 C.F.R.391 (1995 Comp.): [E]ligibility for access to classified information shall be granted only to employees who are United States citizens for whom an appropriate investigation has been completed and whose personal and professional history affirmatively indicates loyalty to the United States, strength of character, trustworthiness, honestly, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and protection of classified information. A determination of eligibility for access to such information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel. Eligibility shall be granted only where facts and circumstances indicate access to classified information is clearly consistent with the national security interests of the United States, and any doubt shall be resolved in favor of the national security. 153 42 U.S.C. §2000e-2(g); see, e.g., Bennett v. Chertoff, 425 F.3d 999, 1001 (D.C. Cir. 2005) ("[E] mployment actions based on denial of a security clearance are not subject to judicial review, including under Title VII."); Ryan v. Reno, 168 F.3d 520, 524 (D.C.Cir. 1999) ("[A]n adverse employment action based on denial or revocation of a security clearance is not actionable under Title VII."). 154 See Policy Guidance on the use of the national security exception contained in§ 703(g)of Title VII of the Civil Rights Act of 1964, as amended, U.S. EQUAL EMP'T OPPORTUNITY COMM'N,§ II, Legislative History(May 1, 1989), http://www.eeoc.gov/policy/docs/national security exemption.html ("[N]ational security requirements must be applied equally without regard to race, sex,color, religion or national origin."); see also Jones v.Ashcroft, 321 F. Supp.2d 1, 8 (D.D.C.2004) (indicating that the national security exception did not apply because there was no evidence that the government considered national security as a basis for its decision not to hire the plaintiff at any time before the commencement of the plaintiffs lawsuit,where the plaintiff had not been forthright about an arrest). http://www.eeoc.govilaws/guidance/arrest_conviction.cfm 5/15/2012 • Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 45 of 46 155 Federal contractor employees may challenge the denial of a security clearance with the EEOC or the Office of Contract Compliance Programs when the denial is based on race, color, religion, sex, or national origin. See generally Exec. Order No. 11,246, 3 C.F.R.339 (1964""1965 Comp.). 156 42 U.S.C. §2000e-16(a). 157 Robert H. Shriver, Ill, Written Testimony of Robed H. Shriver, Ill, Senior Policy Counsel for the U.S. Office of Personnel Management, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, http://www.eeoc.gov/eeoc/meetings/7-26-11/shriver.cfm (last visited April 23, 2012) (stating that"with just a few exceptions, criminal convictions do not automatically disqualify an applicant from employment in the competitive civil service"); see also REENTRY MYTHBUSTER!ON FEDERAL HIRING POLICIES, supra note 16 ("The Federal Government employs people with criminal records with the requisite knowledge, skills and abilities.").But see supra note 110, listing several federal statutes that prohibit individuals with certain convictions from working as federal law enforcement officers or port workers, or with private prisoner transport companies. 158 OPM has jurisdiction to establish the federal government's suitability policy for competitive service positions,certain excepted service positions, and career appointments in the Senior Executive Service. See 5 C.F.R. §§731.101(a) (stating that OPM has been directed"to examine""suitability'for competitive Federal employment"), 731.101(b) (defining the covered positions within OPM's jurisdiction);see also Shriver,supra note 157. OPM is also responsible for establishing standards that help agencies decide whether to grant their employees and contractor personnel long-term access to federal facilities and information systems. See Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors, 2 PUB. PAPERS 1765 (Aug.27,2004) ("establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors[including contractor employees]"); see also Exec. Order No. 13,467,§2.3(b), 3 C.F.R. 196(2009 Comp.) ("[T]he Director of[OPM] . . . [is] responsible for developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of suitability and eligibility for logical and physical access.");see generally Shriver, supra note 157. 159 5 C.F.R. § 731.101(a). 160 See 5 C.F.R. §§ 731.205(a) (stating that if an agency finds applicants unsuitable based on the factors listed in 5 C.F.R. §731.202, it may, in its discretion, bar those applicants from federal employment for three years), §731.202(b) (disqualifying factors from federal civilian employment may include: misconduct or negligence in employment; material, intentional false statement, or deception or fraud in examination or appointment; refusal to furnish testimony as required by 5 C.F.R. §5.4;alcohol abuse without evidence of substantial rehabilitation; illegal use of narcotics, drugs, or other controlled substances;and knowing and willful engagement in acts or activities designed to overthrow the U.S. Government by force). 161 See id. § 731.202(c). 162 Id. 163 See generally Shriver, supra note 157. See also REENTRY MYTHBUSTER! ON FEDERAL HIRING POLICIES, supra note 16("Consistent with Merit System Principles, [federal]agencies [and departments] are required to consider people with criminal records when filling positions if they are the best candidates and can comply with requirements."). http://www.eeoc.govilaws/guidance/arrest_conviction.cfm 5/15/2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Empl... Page 46 of 46 164 See generally EEOC Informal Discussion Letter(March 19,2007), http:/lwww.eeoc.goV/eeoc/foia/letters/2007/arrest and conviction records.html#N1 (discussing the EEOC's concerns with changes to OPM's suitability regulations at 5 CFR part 731). 165 See Stephen Saltzburg, Transcript of 7-26-11 Meeting, U.S. EQUAL EMP'T OPPORTUNITY COMM'N, http:l/www.eeoc.gov/eeoc/meetings/7-26-11/transcript.cfm#saltzburq(last visited April 23,2012) (discussing the findings from the American Bar Association's(ABA)Collateral Consequences of Conviction Project,which found that in 17 states that it has examined to date, 84%of the collateral sanctions against ex-offenders relate to employment). For more information about the ABA's project,visit: Janet Levine,ABA Criminal Justice Section Collateral Consequences Project, INST. FOR SURVEY RESEARCH,TEMPLE UNIV., http://isrweb.isr.temple.edu/proiects/accproiect/(last visited April 20,2012). In April 2011,Attorney General Holder sent a letter to every state Attorney General,with a copy to every Governor, asking them to"evaluate the collateral consequences"of criminal convictions in their state, such as employment-related restrictions on ex-offenders, and"to determine whether those [consequences]that impose burdens on individuals. . .without increasing public safety should be eliminated."Letter from Eric H. Holder,Jr.,Att'y Gen., Dep't of Justice,to state Attorney Generals and Governors(April 18, 2011), http://www.nationalreentryresourcecenter.orq/documents/0000/1088/Reentry Council AG Letter.pdf. Most states regulate occupations that involve responsibility for vulnerable citizens such as the elderly and children. See STATE CRIMINAL HISTORY, supra note 37, at 10 ("Fifty states and the District of Columbia reported that criminal history background checks are legally required"for several occupations such as nurses/elder caregivers,daycare providers, caregivers in residential facilities, school teachers, and nonteaching school employees). For example, Hawaii's Department of Human Services may deny applicants licensing privileges to operate a childcare facility if: (1)the applicant or any prospective employee has been convicted of a crime other than a minor traffic violation or has been confirmed to have abused or neglected a child or threatened harm;and(2)the department finds that the criminal history or child abuse record of the applicant or prospective employee may pose a risk to the health, safety, or well- being of children. See HAW. REv. STAT.§346-154(e)(1)""(2). 166 42 U.S.C.§2000e-7. 167 See Intl Union v.Johnson Controls, Inc.,499 U.S. 187, 210(1991) (noting that"[i]f state tort law furthers discrimination in the workplace and prevents employers from hiring women who are capable of manufacturing the product as efficiently as men,then it will impede the accomplishment of Congress' goals in enacting Title VII"); Gulino v. N.Y. State Educ. Dep't,460 F.3d 361,380(2d Cir. 2006) (affirming the district court's conclusion that"the mandates of state law are no defense to Title VII liability"). Privacy Policy 1 Disclaimer I USA.Gov http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm 5/15/2012 MARIA ARMSTRONG From: ABRAHAM FUNCHESS Sent: Wednesday, June 06, 2012 11:38 AM To: MARIA ARMSTRONG Subject: RE: Work Session Request Hello Maria: Yes, this would be great! And for all practical purposes, we just want them to know the agenda • Housing Protections for Victims of Domestic Violence; • Unfair or Discriminatory Use of Criminal Record in Employment Decisions, AND, • Development and Implementation of Human Rights Training Academy • Summer Harmony Day, Thursday, June 14, Lincoln Park Thank you, and welcome back! Best, afj Abraham L. Funchess, Jr., BA,CPM Director, Waterloo Commission on Human Rights 620 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4441 Email: abraham.funchess{cr�waterloo-ia.orq Website: www.ci.waterloo.ia.us/humanrights "Celebrating over 46 years of protecting human and civil rights and fostering economic development and growth" From: MARIA ARMSTRONG Sent: Wednesday, June 06, 2012 8:47 AM To: ABRAHAM FUNCHESS Subject: RE: Work Session Request I have this set for Monday, June 11, 2012. Please let me know if this does not work for you. Thanks Abraham, Maria Armstrong City of Waterloo-City Clerk&Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W 319-291-4323 F.: 319-291-4571 E: maria.armstronq(a�waterloo-ia.orq From: ABRAHAM FUNCHESS Sent: Thursday, May 31, 2012 8:52 AM To: MARIA ARMSTRONG Subject: Work Session Request Hello Maria: We are now interested in having a work session with City Council regarding two (2)WCHR 6/6/2012 Ordinance Proposals: • Housing Protections for Victims of Domestic Violence, and • Unfair or Discriminatory Use of Criminal Record in Employment Decisions Please advise. Thanks, afj Abraham L. Funchess, Jr., BA,CPM Director, Waterloo Commission on Human Rights 620 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4441 Email: abraham.funchess(o�waterloo-ia.orq Website: www.ci.waterloo.ia.us/humanrights "Celebrating over 46 years of protecting human and civil rights and fostering economic development and growth" 6/6/2012 MARIA ARMSTRONG From: ABRAHAM FUNCHESS Sent: Thursday, May 31, 2012 8:52 AM To: MARIA ARMSTRONG Subject: Work Session Request Hello Maria: We are now interested in having a work session with City Council regarding two (2) WCHR Ordinance Proposals: • Housing Protections for Victims of Domestic Violence, and • Unfair or Discriminatory Use of Criminal Record in Employment Decisions Please advise. Thanks, afj Abraham L. Funchess, Jr., BA,CPM Director, Waterloo Commission on Human Rights 620 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4441 Email: abraham.funchess(a�waterloo-ia.orq Website: www.ci.waterloo.ia.us/humanriohts "Celebrating over 46 years of protecting human and civil rights and fostering economic development and growth" 6/6/2012 Council Work Sessions June 11,2012 Times as indicated below Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:00 p.m. Regulation of off road utility vehicles—Submitted by Daniel J. Trelka, Director of Safety Services. 4:15 p.m. Housing Protections for Victims of Domestic Violence; Unfair or Discriminatory Use of Criminal Record in Employment Decisions; Development and Implementation of Human Rights Training Academy; Summer Harmony Day—Submitted by Abraham Funchess, Jr., Human Rights Director. 4:35 p.m. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and Amendment to Code of Ordinances to update the regulations on drive-up windows—Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk DRAFT Title 6- Motor Vehicles and Traffic Chapter 4 Off-Road Utility Vehicles (ORVs) 6-4-1: PURPOSE 6-4-2: DEFINITIONS 6-4-3: GENERAL REGULATIONS 6-4-4: OFF-ROAD UTILITY VEHICLES REGISTERED 6-4-5: AUTHORIZED USES 6-4-6: EQUIPMENT 6-4-7: OPERATION 6-4-8: LOCATIONS 6-4-9: ACCIDENT REPORTS 6-4-10: VIOLATION AND PENALTY 6-4-1: PURPOSE: The purpose of this chapter is to allow the operation of Off-Road Utility Vehicles (ORVs) on certain streets for the purpose of snow removal, lawn care, landscaping, gardening, construction, maintenance, farming, functions related to emergency services, and parades within the City of Waterloo as authorized and pursuant to Section 321.234A and Chapter 321I of the Code of Iowa, 2011 as amended. 6-4-2: DEFINITIONS: Off-Road Utility Vehicles (ORVs) shall mean a motorized flotation-tire vehicle with not less than four and not more than eight low-pressure tires that is limited in engine displacement to less than one thousand five hundred cubic centimeters and in total dry weight to not more than one thousand eight hundred pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control. Special Event shall mean an event held outdoors on public property or streets that can reasonably be expected to cause a public gathering that is not part of the normal course of business at the location. 6-4-3: GENERAL REGULATIONS: No person shall operate an Off-Road Utility Vehicle (ORV) within the city limits of the City of Waterloo, Iowa in violation of the provisions of Chapter 321I of the Code of Iowa or rules enacted by the Iowa Department of Natural Resources governing the registration, numbering, equipping or manner of operation; or the provisions of this chapter. 6-4-4: OFF-ROAD UTILITY VEHICLES REGISTERED: No person shall operate an Off-Road Utility Vehicle on any public street or alley for any purpose unless said vehicle is registered with the Iowa DNR and such registration is displayed in accordance with Iowa Code 3211. 6-4-5: AUTHORIZED USES: Off-Road Utility Vehicles may only be operated on city streets and alleys in compliance with all requirements set out herein and for the following purposes: A. Snow removal via attached snowplow or blade. B. Gardening, landscaping, and/or lawn work. C. Transporting equipment and personnel as part of construction, maintenance, special events, or farm work. D. By emergency response personnel (Police, Fire, and EMS). E. Parades. 6-4-6: EQUIPMENT: Any ORV operated on city streets or alleys shall be equipped as required by Section 321I.12 and 3211.13 of the Code of Iowa, including but not limited to: muffler, headlight, taillight, turn signals and brakes. 6-4-7: OPERATION: A. No person shall operate an ORV on any city street, alley or right of way who is not at least eighteen (18) years of age and does not have a valid Iowa Driver's license. B. Traffic Code. Any person operating an ORV shall strictly adhere to all traffic signs and signals and all other traffic rules and regulations, and shall obey the orders and direction of any law enforcement officer authorized to direct or regulate traffic. C. Speed. No ORV shall be operated at a speed in excess of the lesser of twenty-five (25) miles per hour or that posted, nor shall any ORV be operated a speed greater than is reasonable and proper for the existing conditions. D. Lights. No ORV shall be operated without a lighted headlight and taillight at such other times when conditions provide insufficient lighting to render clearly discernible persons and vehicles at a distance of five hundred feet ahead. E. Passengers. The number of occupants shall not exceed the number of seats installed by the manufacturer in said vehicle. Passengers on an ORV must be able to place both feet flat on the floorboards with their backs resting against the seat back. 6-4-8: LOCATIONS: A. City Streets. ORV's may be operated upon Streets under the jurisdiction and within the corporate limits of the City of Waterloo for the purposes listed above. ORV's shall not be operated upon any city street that is a primary road extension or state highway. ORV's may cross such primary road extensions but cannot cross a state highway unless approved by the Department of Transportation. B. Private Property. ORV's may only be operated on private property with the express consent of the owner. 6-4-9: ACCIDENT REPORTS: Either the operator, or someone acting for the operator, shall immediately notify a law enforcement officer whenever an ORV is involved in an accident resulting in injury or death to anyone, or property damage amounting to one thousand dollars ($1,000) or more. 6-4-10: VIOLATION AND PENALTY: Any person who violates any of the provisions of this chapter shall be guilty of a municipal infraction and upon conviction thereof shall be punished as provided in subsection 1-3-2C of this code. (Ord. 2846, 1976; amd. Ord. 4441, 10-16-2000) MARIA ARMSTRONG From: ARIC SCHROEDER Sent: Wednesday, June 06, 2012 3:43 PM To: NOEL ANDERSON; SUZY SCHARES; MARIA ARMSTRONG Cc: MAYOR CLARK Subject: FW: Overlay District legal FYI From: Chris Wendland [mailto:chris.wendland@cbwhlaw.com] Sent: Wednesday, June 06, 2012 3:22 PM To: ARIC SCHROEDER Subject: RE: Overlay District legal Aric: Attached is a draft of the zoning ordinance with changes marked, including the overlay legals. I also caught two typos from an earlier draft. I'm also attaching a summary that can be used for publication after the amendments have been approved by council. I still need to put together an ordinance in official form that will just reference the actual changes being made, but I figure I have a couple of weeks to get that done. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200,Waterloo, Iowa, 50703 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 From: ARIC SCHROEDER [mailto:ARIC.SCHROEDER@WATERLOO-IA.ORG] Sent: Wednesday, June 06, 2012 10:41 AM To: Chris Wendland Subject: Overlay District legal Chris, I have the Zoning Ordinance amendment transmitted to Council. I basically just used the same thing that I gave to P&Z, which included my two page memo/summary, then the pages from the Zoning Ordinance that have changes, and this time I inserted the overlay district legals and still included the map. I did NOT insert the legals into the actual Zoning Ordinance document, so page 115 still has four spots where it says"insert". For now, I just included a copy of the attached document. At some point, can you insert the legals into the Zoning Ordinance and then send me a copy of what will hopefully be the final version showing strike through and underlines (unless Council makes changes during the work session or hearing). And then the legals will need to be incorporated into the legal format of the actual ordinance amendment document that you are going to draft so it is ready for publishing right away after adoption. Thanks, AR1C A. SCHROEDER 6/6/2012 City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo,IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 www.ci.waterloo.ia.us 6/6/2012 MARIA ARMSTRONG From: Trelka, Daniel [trelkad@waterloopolice.com] Sent: Monday, June 04, 2012 3:15 PM To: MARIA ARMSTRONG Cc: SUZY SCHARES Subject: June 11 council work session Here is a draft of the ordinance for the work session, Maria. I am simply trying use common sense, be practical, and legitimize what is already occurring. I "stole"the language, in part, from the ordinance Waverly uses to permit ORV operation on city streets. Dan <<ORV Ord.docm» Daniel J. Trelka City of Waterloo Director of Safety Services Waterloo Fire Rescue and Police;leading the way in service to the community. 6/6/2012