HomeMy WebLinkAbout07/16/2012 Council Work Session
July 16, 2012
4:35 p.m.
Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
1. 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
Page 1 of 1
ARIC SCHROEDER
To: MAYOR CLARK; COUNCIL MEMBERS
Cc: NOEL ANDERSON; SUZY SCHARES
Subject: Updated Proposed Zoning Ordinance Amendment
Mayor and Council,
I had intended to have an e-mail with attachments for the proposed Zoning Ordinance sent out, but software
problems are preventing me from getting the document in a format that is a small enough size that I can e-mail it
out. So at the work session this evening, I will hand out this e-mail, with all attachments.
The attachments will include a slightly updated version of the proposed Zoning Ordinance amendment for alcohol
sales related businesses. The Ordinance is mostly the same as what was presented to the Council during a work
session on June 11th and hearing on June 18th. Changes since the last work session include:
-page 59, proposed wording that would restrict advertising for limited alcohol sales uses was further changed to
just apply to limited alcohol sales uses (off-premise consumption) (i.e. a convenience store, gas station, grocery
store, or pharmacy), so that the provision would not apply to restaurants. The section was further changed to
provide an exception for banner, portable and temporary signs in conformance with the requirements for such
signs.
- page 115, proposed wording for what alcohol sales uses will be allowed in an Alcohol Sales Use Overlay District
was expanded to include a restaurant, a pharmacy, and a grocery store with retail floor space exceeding 10,000
square feet. A grocery store with less than 10,000 square feet of retail floor space would be permitted only upon
approval of a Special Permit by the Board of Adjustment.
-page 130, includes additional wording regarding the advertising requirements for limited alcohol sales uses (off-
premise consumption).
- page 145, includes additional wording regarding the Special Permit requirement for a grocery store having less
than 10,000 square feet of retail floor space when located in an Alcohol Sales Use Overlay District.
The other attachments will include the maps of the proposed areas that would be in an Alcohol Sales Use Overlay
District and the proposed ordinance amendment to the Code of Ordinances adding a new paragraph dealing with
a business that has a drive up facility and is found to be in violation of the Zoning Ordinance (i.e. get caught
selling alcohol out a drive up). All of these are unchanged from what was previously provided.
Please let me know if you have any questions or need any additional information prior to tonight's work session on
this topic. I will have printed copies of this material available at the work session.
Thanks,
AR1C 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.waterloo.ia.us
7/16/2012
fa CITY OF WATERLOO , IOWA
s.srmer
- -41^^ COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
1Or1(;0 ` NOEL C.ANDERSON,Community Planning&Development Director
MEMORANDUM
Mayor
BUCK To: Mayor and City Council
CLARK
From: Aric A. Schroeder, City Planner.---
COUNCIL
MEMBERS Date: 07/16/12
RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales
DAVID Related Businesses
JONES
Ward I
In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional
CAROLYN restrictions on alcohol sales related businesses with aavoiding
COLS purpose of undue
Ward 2 concentration of certain alcohol sales uses,to mitigate the secondary effects of certain
alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of
HAROLD property value due to incompatible uses,and otherwise to promote the general purpose of
GWardETT 3Y the Zoning Ordinance. The changes have worked to some extent,but have not done enough
to avoid undue concentration and other negative secondary effects of such uses. Recently
QUENTIN the Waterloo City Council adopted a moratorium on the issuance of any new alcohol
HART licenses in certain areas of the City and requested that City staff review the Ordinance and
Ward 4 determine what additional changes were needed to properly address the concerns that such
RON uses are causing. Therefore, staff is proposing to further amend the Zoning Ordinance,
WELPER placing further restrictions on the placement and operation of alcohol sales related
Wards businesses. Please review the attached amendment for further details, but here is a summary
BOB of the amendment:
GREENWOOD
At-Large -. The amendment would further expand upon the definition for"Alcohol Sales Use",
requiring that all alcohol sales uses be classified as either: 1)an Incidental Alcohol
STEVE Sales Use, 2)a Limited Alcohol Sales Use(off-premise consumption), 3)a Limited
At-Large Alcohol Sales Use(on-premise consumption), 4) a Non-Limited Alcohol Sales Use
(off-premise consumption),or 5)a Non-Limited Alcohol Sales Use (on-premise
consumption)
- The amendment would increase the percent of gross income that must come from
other than alcoholic beverages from 50%to 60%for any limited alcohol sales use
(off-premise consumption)
- The amendment would continue to prohibit the sale of alcoholic beverages via a
drive through,drive-up or similar system, and would require than any alcohol sales
use that made use of such a window or system before adoption of Ordinance 4976
on 11/23/2009 shall cease and desist from use of such window or system to sell
alcoholic beverages no later than December 31,2013
- The Ordinance does not prohibit an alcohol sales use from having such a drive-up
window or similar system to sell other non-alcoholic items through if they already
had such a window or system, but in a separate proposed amendment to the Code of
Ordinances(net Van-amendment would
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provide that if any business sells alcoholic beverages via a drive-up or similar system
in violation of the Zoning Ordinance,they shall upon conviction, in additional to
other penalties,be required to permanently close said window or system.
- The amendment would prohibit an alcohol sales use from constructing a new drive-
up or similar system, regardless of the intended purpose of the system. An exception
is provided for a pharmacy,provided that no alcoholic beverages may be sold
through such a system, and an exception is provided for grocery store merchandise
pick-up,as long as the customer made the purchase inside the premises.
- The amendment would prohibit any limited alcohol sales use(off premise
consumption)from displaying any image,verbiage or signage that makes use of the
words "alcohol", "beer", "wine", "liquor", or any variant or synonym of any such
work, or any type of such beverage, or that indicates or suggests that such beverages
may be purchased in or upon the premises. An exception is provided for banner,
portable and temporary signage in compliance with the Ordinance. Any existing
business displaying such signage shall have until December 31,2013 to conform to
the requirements. This would only apply to limited alcohol sales uses(off premise
consumption),and not any on-premise consumption or non-limited alcohol sales
uses such as restaurants, bars or liquor stores.
- The amendment would create"Alcohol Sales Use Overlay Districts"in the
Broadway,Logan, E. 4th and Church Row Neighborhood(see attached map).
Within these overlay districts,no new alcohols sales use,other than 1)incidental
alcohol sales uses,2)pharmacies, and 3)grocery stores, shall be established, and
expansion of existing uses will only be allowed through approval by the Board of
Adjustment to expand a legal non-conforming use.
- The amendment would require that Planning staff classify every alcohol sales use,
excluding those located in the"C-3"Central Business District, as one of the specific
types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol
sales uses shall be classified according to current standards pertaining to percentage
of sale and retail floor space,and shall not be"grandfathered in"under previous
standards. For any alcohol sales use that existed prior to adoption of Ordinance
4976 on 11/23/2009,where insufficient information is available for a determination
between a limited or non-limited alcohol sales use,the use shall be classified as a
limited alcohol sale use and subject to the requirements as such. Any business
requesting cla
ssification g as non-limited must provide adequate documentation for
such a determination.
- The amendment would require that,in connection with any application for renewal
of a liquor control license,a limited alcohol sales use shall certify that it continues to
meet the requirements for classification as the appropriate category of limited
alcohol sales use, including certification by a licensed public accountant or a
certified public accountant that the business meets the income restrictions to qualify
as the appropriate category of limited alcohol sales use.
Please contact our office if you have any questions or need any additional information on
the proposed amendment.
staff memo 07-16-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Sales Related Businesses
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, er—(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
facility as identified in the parks and include an Any alcohol sales use
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; a mission. How- that more than sixty fifty (560)
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-
conforming use. 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 premises enjoyment, food, and
is defined in Chapter 123 of the Iowa beverages other than alcoholic
Code, includingbut 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 tales use is (i) a restaurant that is
4
CHAl'IER 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- ily enjoyment or companionship, and not for
ties that provide no or limited commercial or economic reasons. See also
rentals, prepared food or product "Kennel".
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
fled 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 lion 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- ple.
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 consumption), 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.
rior walls shall be the useable area under the include those gaming 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 ing & Gaming Commission. [Ordinance 4735,
on which the building or buildings are lo- 10/I8/04]
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
structure shall be considered as part of the
used shall be determined by a fraction, 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- quirements contained herein.
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-hall 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 en unrelated to children 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
street lot line that the principal structure faces Code or other state law and which,regardless
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 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, 12/14/81] 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
tion 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 tions 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
CHAI'l ER 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
other than those a 1 m to 4. Non-Conforming Structures. Where
pp y g area or a lawful structure exists as of the date
width, or both,of the lot shall conform
to the regulations for the district in of non-conformity that could not be
which such lot is located. built after the date of non-conformity
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- ture, such structure may be continued
dinance, nor shall any division of any 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 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-
be moved in whole or in part to struction, it shall not be recon
any portion of the lot or parcel structed 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
nance; for any reason for any distance
c. If any such non-conforming use of whatsoever, it shall thereafter con-
land ceases for any reason for a form to the regulations for the dis-
period of more than one (1) year, trict in which it is located after it is
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
d. No additional structure not con- and premises in combination, exists as
of the date of non-conformity that
forming to the requirements of
this Ordinance shall be erected in would not be allowed after the date of
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, recon- or structure and premises in con-
structed,moved, or structurally al- bination is discontinued or aban-
tered except in changing the use of doned for twelve (12) consecutive
the structure to a use permitted in months or for eighteen (18)
the district in which it is located. months during any three (3) year
The use of premises shall be gov- period (except when government
erned by the requirements of 10-5- action impedes access to the prem-
1(B)(3); ises), the structure or structure
and premises in combination shall
b. Any non-conforming use may be
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 ture or structure and premises in
in the specific case, shall find that combination shall not thereafter be
used as an alcohol sales use except
the proposed use is equally ap-
in conformity with the regulations
propriate or more appropriate to
the district than the existing non- of the district in which it is lo-
cated. This paragraph shall apply
conforming use. In permitting
such change, the Board of Ad- equally to (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 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-
Candy Shops,retail only vided that any towers or transmitting
facilities are in accordance with Sec-
Car Wash tion 10-27-1(B)(4)
Clothes Cleaning and Laundry Pickup Soda Fountain
Stations
Shoe Repair Shops
Coffee House
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 sidered a proposed use not covered
be infeasible. [Ordinance 4976, by title,as regulated in 10-5-1(R).
11/23/09] B. Accessory Uses:
c. No establishment that is a limited 1. The following accessory uses are per-
alcohol sales use (off-premise con-
mated in a"C 1" District.
sumption) shall exhibit on the ex-
terior of the premises any image a. Accessory uses permitted in the
or verbiage that makes use of the "R-4" District
words "alcohol," "beer," "wine," b. Storage of merchandise incidental
"liquor," or any variant or syno- to the principal use may be stored
nym of any such word, or any in the principal building on the lot
type of such beverage, or that in- in question,but not to exceed forty
dicates or suggests that such bev- (40) percent of the floor area for
erages may be purchased in or said principal building.
upon the premises, except that
banner, portable and temporary C. Height Regulations.
signs shall be allowed if conform- No building shall exceed three (3) stories
ing to the requirements of Section or forty-five (45) feet in height at the required
10-26-1(C). Notwithstanding any- front, side and rear yard lines, except two (2)
thing in Section 10-5-1(B) to the feet may be added to the height permitted at
contrary, any existing business said yard lines for each one (1) foot that the
that does not conform to this re- building or portion thereof is set back from
quirement shall conform no later the required yard lines and except as further
than December 31,2013. provided in Section 10-27-1. [Ordinance 4709,
5. Business or professional office and 8/9/04]
similar uses not included in the above 10-14-2 BULK REGULATIONS.
list supplying commodities or per-
forming services primarily for resi- [Ordinance 3192, 2/22/82]
dents of the neighborhood subject to [Ordinance 4592, 1/6/03]
the administrative review and ap- The following minimum requirements
proval of the Planning staff. If staff shall be observed subject to the modified re-
determines that the proposed use is quirements contained in Section 10-27-1:
not similar in nature, it shall be con-
"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(1) (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"R4" 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
Io 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 case shall the rear yard be less than ten(10)feet.
59
-
CHAPTER 15
"C-2"COMMERCIAL DISTRICT
(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.
CHAPTER 15 2. Adult uses as defined in the defini-
,� tions Section, upon approval of a
C-2 COMMERCIAL Special Permit by the Board of Ad-
DISTRICT justment after review by the Com-
mission and provided that such uses
[Ordinance 3192, 2/22/82] meet the following separation re-
quirements:
10-15-1 REGULATIONS. a. At least 600 feet from any other
The regulations set forth in this Chapter adult use measured in a straight
and contained in Chapter 5 shall apply in line from the closest points of the
the "C-2" Commercial District. The "C-2" property lines in which the adult
District is intended to provide for areas of uses are located.
the community which are developed or will b. At least 600 feet from any resi-
be soon as moderate intensity commercial dentially zoned property mess
area. These areas are often associated with ured in a straight line from the
the major traffic arteries and highways lo- closest point of the property line
cated within the community. Any outside in which the adult use is located
storage of materials or equipment shall be to the closest residentially zoned
limited and clearly incidental and accessory property line.
to the Principal Permitted Use, and shall not
include the outside storage of junk or sal- c. At least 600 feet from any pro-
vage material or similar debris. Outside tected use as defined herein
storage of materials or equipment shall not which distance shall be meas-
be permitted in a front yard. This provision ured in a straight line from the
shall not restrict the outside storage of nurs- closest point of the property line
ery, landscaping and garden material, and which the adult use is located to
licensed and operable vehicles, or unli- the closest point of the property
censed operable vehicles for sale, that are line in which is located an
accessory and clearly incidental to the Prin- aforementioned protected use. If
cipal Permitted Use. This provision shall a protected use is a legal non-
not restrict other outside display areas conforming use, this provision
when such display areas display items that shall not apply. [Ordinance 3642,
can be legally sold by a commercial business 5/1/89]
on the property and when the display area 3. Non-Limited Alcohol Sales Uses,
does not exceed an area equal to the area upon approval of a Special Permit by
occupied by the building(s) on a property. the Board of Adjustment after rec-
A. Principal Permitted Uses: ommendation of the Commission,
except that a Special Permit shall not
1. Any use permitted in the "C-1" be required if such use is located
Commercial District,on the terms set along a principal arterial or inter-
forth for such use in the "C-1" Dis- state according to the Urban Federal
trict. Functional Classification System
prepared by IDOT, provided that
60
CHAF1'1R 15
"C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
such uses meet the following re- Urban d' l Functional Classi
quirements: fication System prepared by
a. *No non-limited alcohol sales IDOT.
use shall sell or dispense alco- [Ordinance 4976, 11/23/09]
holic beverages via a drive- c. No non-limited alcohol sales use
through or walk-up window or met a limited alcohol sales
any similar drive-up or drive-in use, for which a Class E off-
system. and provided that, premises liquor control license
Notwithstanding anything in has been issued; 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 h-
and desist from use of such a cense, as measured in a straight
window or system, and shall line from the =«arestclosest
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
b_wNo With respect to any non- art-alcohol sales uses are located.
limited alcohol sales use that
holds a Class E off-premises liq- erty line of such other alcohol
uor control license or for which talcs 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.
uses shall be located within are
at least 250 feet,from a protected e_Fencing or other approved
use, as measured in a straight screening shall be constructed
line from the closestnearest along the property line with any
pointpart of the property line abutting protected use, unless
building—atrueture- tr determined by the City Planner
service area in which ef-an alco- to or designee to be infeasible.
hol sales use is located to the
closest point of the property line
of any protected use:, upon ap sales uses, which shall instead
-ee the "C 1" District.
emmendatien of the -
4. Animal Hospital or Veterinary Clinic
shall-net-be-required-if use providing any exercising runway
is to ee ale pay shall be at least two hundred (200)
feet from any "R" District and one
61
CHAPTER 15
"C-2"COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
hundred (100) feet from any "C-I" 12. Contractor Businesses including
District boundary. Contractor Equipment Yards, pro-
5. Automobile, Motorcycle, Trailer and vided that equipment yards shall be
Farm Implement establishments for effectively screened on each side fac-
display, hire and sales (excluding ing a Residential District and on
auctions and not including sales lots each side facing a public street by a
without a principal building except fence, wall or densely planted corn-
for satellite lots when the lot is abut- pact hedge not less than six (6) feet
ling or across a street from a lot with or more than eight (8) feet in height,
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 14. Drinking Establishments, Taverns,
from body and fender work. In ad Bars and Night Clubs, Summer Gar-
dition, this paragraph shall not be dens, and Road Houses, including
construed to include automobile, entertainment and dancing, pro-
tractor, or machinery salvage and vided that any such use that meets
used parts yards. Machinery, sal- the definition of Alcohol Sales Use
vaged or used parts, and vehicles shall meet the requirements for an
not in running condition and not be- alcohol sales use.
ing actively restored to running con-
dition, or not DOT operational and 15. Hotels[Ordinance 4592, 1/6/03]
not licensed, shall be located in an 16. Kennel, provided the principal
enclosed building. building is at least 250 feet and any
Y
6. Ballrooms and Dance Halls outside exercise or runway area is at
7. Billiard Parlors and Pool Halls least 500 feet from any residentially
zoned property measured in a
8. Bowling Alleys 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
upon approval of a Special Permit by
10. Commercial Baseball Fields, Swim- the Board of Adjustment after re-
ining Pools, Skating, Golf Driving view by the Commission.
Ranges, commercial campgrounds
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- 19. Lumber Yards and Building Materi-
missiont after review by the Com- als, retail, but not including any
manufacturing or fabricating for
11. Contractor Businesses, including wholesaling operations.
Carpenter and Cabinet Shop, Plumb 20. Mini-storage or storage rental devel-
ing and Heating Shop, Roofing opment, upon issuance of a Special
Shop, Sheet Metal Shop, Sign Paint- Permit, which shall review the loca-
ing Shop, and similar uses, provided tion for compatibility of surround-
there is no outside equipment yard.
62
4
v.
CHAPTER 15
"C-2"COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS.
ing, highest and best use of land, 27. Other similar service and retail busi-
and proximity to a major thorough- nesses not included in the above list
fare. [Ordinance 4683, 4/12/04] It is subject to the administrative review
the intent of this provision for such and approval of the Planning staff.
uses to be towards the rear of highly If staff determines that the proposed
visible commercial property. use is not similar in nature, it shall
21. Monument Sales Yard, but not with- be considered a proposed use not
out a principal building. covered by title, as regulated in 10-5-
22. Off-premise advertising in accor- 1(R)
dance with Section 10-26-1. [Ordi- B. Accessory Uses:
nance 4724, 9/20/04] 1. Accessory uses permitted in the
23. Motels and Auto Courts "C-1" District.
24. Pet Shop,including Aquariums 2. Accessory uses and structures cus-
tomarily incidental to any permitted
25. Printing Shops, not to include more principal uses.
than two (2) 12"x 18" inch job press-
es 10-15-2 BULK REGULATIONS.
26. Restaurant: Fast Food Type and [Ordinance 3050, 10/1/79]
Standard Type, and drive-in eating [Ordinance 3192, 2/22/82]
establishments, provided that any [Ordinance 4592, 1/6/03]
such use that meets the definition of
an Alcohol Sales Use shall meet the The following minimum requirements
requirements for a limited alcohol shall be observed, subject to the modified
sales use (on-premise consumption). requirements contained in Section 10-27-1:
"C-2" COMMERCIAL DISTRICT
USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM
LOT AREA UM LOT AREA PER YARD(1) SIDE YARD REAR HEIGHT AND
WIDTH FAMILY YARD(3)(4) 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.O Same as'R-4" 35 ft.
miffed 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.
63
s .• pa
CHAPTER 18
"C-3"CENTRAL BUSINFSS 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,
10-18-1 REGULATIONS. and shall comply with the require-
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. Any outside storage of materials, 5. Manufacturing or Treatment of Prod-
equipment or product shall be limited and ucts dearly 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-
hides, or unlicensed operable vehicles for 8 Transportation Passenger Terminals
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 ex- tomarily incidental to any permitted
ceed an area equal to the area occupied by the principal uses. [Ordinance 4724,
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-
trict. [Ordinance 3192, 2/22/82]
[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 ER 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-
tion 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 required rear yard 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-
ed for fencing that is constructed from No new junk yards, salvage yards, recy-
the following materials:
g yards, or construction storage yards
shall be allowed in the "H-C" Highway 20
a. Stone or brick Corridor Overlay district. Expansion of said
uses shall be allowed only through the ap
b. Concrete with approved design
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
planting.
Setback Requirements.
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
r
4
CHAPTER 24A
ALCOHOL SALES USE OVERLAY DISTRICIs 10-22-5 "S-F'SHALLOW FLOODING(OVERLAY)DISTRICT.
The purpose and intent of this Chapter is nue; thence South along the centerline of
to establish Alcohol Sales Use Overlay Dis- Fairview Avenue and an extension of the cen-
tricts to avoid undue concentration of certain terline of Fairview Avenue to its intersection
alcohol uses in designated areas already with the Northeasterly line of the Cedar Riv-
populated by significant numbers of alcohol er; thence Southeasterly along the Northeast-
sales uses, to mitigate the secondary effects of erly line of the Cedar River to its intersection
certain alcohol sales uses, to preserve and with the centerline of E. Third Street; thence
protect neighborhoods from deterioration Northeasterly along the centerline of E. Third
and loss of property value due to incompati- Street to its intersection with the centerline of
ble uses, and otherwise to promote the gen- Franklin Street; thence Northwesterly along
eral purposes of the zoning ordinance. the centerline of Franklin Street to its intersec-
The provisions of this Chapter shall apply lion with the centerline of Oak Avenue;
in addition to any other zoning district regu- thence North along the centerline of Oak Av-
enue to its intersection with the centerline of
lations and requirements in which the land
may be classified. In the case of conflict, the Utica Street; thence Northeasterly along the
centerline of Utica Street to its intersection
most restrictive provisions shall govern, ex-
with the centerline of Lincoln Street; thence
cept as otherwise expressly provided in this
Chapter. Northwesterly and Northerly along the cen-
terline of Lincoln Street to its intersection
C. Administrative Regulations. with the centerline of Bratnober Street; thence
West along the centerline of Bratnober Street
The provisions of this Chapter shall con-
stitute the requirements for all zones that lie to its intersection with the centerline of Co-
lumbia Street; thence North along the center-
within the boundaries of any of the Alcohol
Sales Use Overlay Districts. line of Columbia Street to its intersection with
the centerline of the Canadian and National
D. Use Restrictions. Railroad;thence Northwesterly along the cen-
No new alcohol sales uses shall be estab- terline of the Canadian and National Railroad
lished in an Alcohol Sales Use Overlay Dis- to its intersection with the centerline of
trict, other than (1) incidental alcohol sales Ackermant Street; thence North along the
uses, (2) a limited alcohol sales use (on- centerline of Ackermant Street to its intersec-
premise consumption) that is a restaurant, or lion with the centerline of W. Parker Street;
(3) a limited alcohol sales use (off-premises thence West along the centerline of W. Parker
consumption) that is a grocery in which the Street to its intersection with the centerline of
retail floor space in the building equals or ex- Fairview Avenue and the point of beginning.
ceeds 10,000 square feet, a grocery in which Logan Avenue Overlay District
the retail floor space in the building is less
than 10,000 square feet upon approval of a Beginning at the intersection of the center-
Special Permit by the Board of Adjustment, or lines of Franklin Street and E. Mullan Ave
nue; thence Northwesterly along the center-a pharmacy. Expansion of said uses shall be
line of Franklin Street to its intersection with allowed only through approval by the Board
of Adjustment 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
115
CHAPTER 24A
ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT.
Railroad Beltline (abandoned) to its intersec- Fourth Street to its intersection with the cen-
tion with the centerline of the Canadian and terline of Walnut Street; thence Southeasterly
National Railroad (formerly Illinois Central along the centerline of Walnut Street to its
Railroad); thence Southeasterly along the cen- intersection with the centerline of the Union
terline of the Canadian and National Railroad Pacific Railroad; thence Southwesterly along
to its intersection with the centerline of E. the centerline of the Union Pacific Railroad to
Mullan Avenue (also known as U.S. Highway its intersection with the centerline of Franklin
63); thence Southerly and Southwesterly Street; thence Northwesterly along the center-
along the centerline of E. Mullan Avenue to line of Franklin Street to its intersection with
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- tion 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 tion 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-
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.
terline of Bayard Street; thence South along with such building, at least one (1) off-street
the centerline of Bayard Street to its intersec- loading space plus one (1) additional such
tion with the centerline of Williston Avenue; loading space for every twenty thousand
thence West along the centerline of Williston (20,000) square feet or major fraction thereof
Avenue to its intersection with the centerline of gross floor area so used in excess of ten
of Kimball Avenue; thence North along the thousand(10,000)square feet.
centerline of Kimball Avenue to its intersec-
1. Each loading space shall be not less
lion with the centerline of Reber Avenue; than ten(10)feet in width,twenty-five
thence East along the centerline of Reber Av- (25)feet in length.
enue to its intersection with the centerline of
Sullivan Avenue; thence North along the cen- 2. Such space may occupy all or any part
terline of Sullivan Avenue to its intersection of required yard or court space or as
with the centerline of W. Second Street; specifically provided in the district in
thence Northeasterly along the centerline of which it is located.
W. Second Street to its intersection with the 10-25-2 OFF-STREET PARKING AREA
centerline of South Street; thence Northwest- REQUIRED.
erly along the centerline of South Street to its
intersection with the centerline of W. Mullan A• Scope of Regulations.
Avenue and the point of beginning. [Ordinance 3050, 10/1/79]
[Ordinance 4634, 8/11/03]
In all districts, except the "C-3" Cen-
CHAPTER 25 tral Business District, "S-1" Shopping
VEHICULAR USE PARKING Center, "M-2,P" Planned Industrial
District, "C-P" Planned Commercial
AND LOADING AREAS,
District, "B-P" Business Park District,
PUBLIC GARAGES, PARKING and "R-P" Planned Residence District
LOTS AND FILLING in connection with every industrial,
STATIONS. commercial, business trade, institu-
tional, recreational, or dwelling use,
and similar uses, space for parking
10-25-1 OFF-STREET LOADING SPACES and storage of vehicles shall be pro-
REQUIRED. vided in accordance with the regula-
tions of this Section and subject to any
[Ordinance 4634, 8/11/03] restrictions contained elsewhere in
A. Regulations. this Ordinance for the district in
In any district, except the "C-3" Central which such facilities are located.
Business District, in connection with every 1. In the "C-3" District, for the pur-
building or part thereof hereafter erected, pose of minimizing disruptive
having a gross floor area of ten thousand curb-cuts and driveways and to
(10,000) square feet or more, which is to be encourage the consolidation of
occupied by manufacturing, storage, ware- parking space in appropriate loca-
housegoods display,
retail store, wholesale do ns, accessoryoff-street parking
P g
store, market, hotel, hospital, mortuary, is not required.
laundry, dry deaning or other uses similarly
2. For parking facilities located in "S-
requiring the receipt or distribution by vehi 1" Shopping Center, "M-2,P"
des of material or merchandise, there shall be Planned Industrial, "C-P" Planned
provided and maintained on the same lot Commercial, "B-P" Business Park,
117
y M
CHAPTER 25
VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS.
10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT.
in a Residence District or any institu- provided, and an adequate number of
tional premises, except when the ad- handicap parking spaces.
joining property is used for profes 15. Floor Area: In calculating the floor
sonal office or multi-family, by a wall area as it applies to these regulations
or densely planted compact hedge, all multiple stories including base-
except if the closest point of such ments used as a part of the use in
parking area is at least one hundred question, or all leasable area designed
(100) feet from the nearest residential for tenant occupancy, shall be added
or institutional property line or across together to get a total floor area. Ar-
a street. For such parking areas sepa- eas used only for mechanical, ware-
rated from property situated in a Res house, storage, or other similar uses
idence District or any institutional may be excluded. Also areas to be
premises by an alley, the screen shall used for seasonal display or garden
be required except along approved areas may be excluded. The property
points of access, provided that the owner must provide documentation
points of access are not more than of the use of all areas to be excluded
twenty-four (24) feet wide and not from the floor area calculation. A
less than thirty-six (36) feet apart. change in use to a non-excluded use
Points of access more than twenty will require the area to be included in
four (24) feet wide or closer than thin- the floor area calculation for determi-
ty-six (36) feet apart shall be allowed nation on the number of parking
if the screen is installed on the oppo- spaces required.
site side of the alley with agreement of
the property owner(s). 16. Parking Lot Expansion Surfacing:
Any expansion of an existing parking
12. Lighting: Any lighting used to illu- lot must be properly graded, drained
minate any off-street parking area or and hard surfaced as per Section 10-
any area(s) used for non-residential 25-2(D), Off-Street Parking Area Re-
purposes shall be so arranged as to re-
quired. This includes expansions of
flect the light away from adjoining existing parking lots that are not hard
residential premises. [Ordinance surfaced. This does not mean that the
3442,6/16/86] existing gravel lot or lots must be
13. Parking Space: The minimum size of properly drained or hard-surfaced,
a parking stall shall be nine (9) feet by just the parking expansion area.
eighteen (18) feet, or one hundred and 17. Existing Parking Lot, New Surfacing:
sixty two (162) square feet, excluding Any existing parking lot that is being
the area necessary for access and ma- surfaced for the first time or recon-
neuvering. When calculating the
structed must be properly graded,
number of spaces required under this drained and hard surfaced as per Sec-
Ordinance, a fractional space shall re- lion 10-25-2(D), Off-Street Parking
quire an additional space. Area Required. [Ordinance 3947,
14. Site Plan: Any application for a build- 6/7/93]
ing permit or for an occupancy certifi- C. Design and Maintenance.
cate where no building permit is re-
quired, shall include a site plan, [Ordinance 3947, 6/7/931
drawn to scale, and fully dimensioned [Ordinance 4634, 8/11/031
showing any off-street parking or
loading facilities,points of access to be
120
CHAPTER 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
in
painted on the surface of a window 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 (off-premise con-
The regulations contained in this sumption) and is not located in the
chapter shall apply to and regulate signs "C-3" District, any sign that in-
in all Districts except the "H-C" Highway cludes any image or verbiage that
Corridor Overlay Districts. No sign shall makes use of the words "alcohol,"
be located, erected, or maintained except "beer," "wine," "liquor," or any
in compliance with these regulations. All variant or synonym of any such
signs shall be considered as accessory us- word, or any type of such bever-
es to a Principal Permitted Use, except for age, or that indicates or suggests
off-premise advertising signs and bill- that such beverages may be pur-
boards. All signs may be erected up to chased in or upon the premises,
the property line, unless otherwise speci- except that banner, portable and
fled in this Ordinance. Such signs shall temporary signs shall be allowed
obtain a building permit and zoning ap- if conforming to the requirements
proval prior to construction. of Section 10-26-1(C)(4)(j) and if
1. Exemptions: The regulations con- the sign contains only advertise-
tained in this Section shall not apply ment for the sale of specific alco-
to: holic products, without other con-
a. Traffic control signs or devices; tent or information.
3. Off-Premise Advertising Signs and
b. Signs located within buildings, ex- Billboards:
cluding Home Occupations, or
within public sports complexes or Off-Premise Advertising is a tradi-
facilities; tional and legitimate advertising me-
dium involving the lawful use of pri-
c. Official signs of a non-commercial vate property.
nature erected by public utility
companies;
130
CHAPTER 27
SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL
Review by the Iowa Department of .m t 7 ale o >
Natural Resources [Ordinance 3614 not located along a principal arm
1/9/89], advising the City of the poten- or interstate according to '-
tial hazards and necessary safeguards.
tern. re red by IDOT h 1
10. Mobile Home Parks, including fac-
tory-built home parks and subdivi-
sions if the structures are not classi- from the ncNarest part of the building
fied as real estate. structure or outdoor service area of an
11. Rubble Disposal Site, Rubble Fill Site, the property ^ of, of t e
or clean fill site, except clean fill ap- when meeting the following mini-
proved as part of a development plan. mum requirements:
A duplicate of the application submit-
ted to the Black Hawk County Health a. Where the business, when oper-
Department shall be submitted to the ated in conformance with such
Commission. The application shall reasonable conditions as may be
contain the signature of landowner, imposed by the Board of Adjust-
legal description of property, a plot ment, satisfies the following crite-
plan showing area to be filled with ex- tea'
isting and proposed final elevations. i. The proposed location, design,
The application shall also include an construction and operation of
estimate of the number of cubic yards the particular use adequately
necessary and length of time esti- safeguards the health, safety
mated to complete filling. [Ordinance and general welfare of persons
3590, 10/17/88] residing in the adjoining or
12. Adult Businesses/Adult Uses [Ordi- surrounding residential area.
nance 3642, 5/1/89] in accordance with ii. The business uses landscaping,
"Adult Businesses/Adult Uses" of walls or structures to prevent
Sections 10-3-1, 10-15-1(A)(2), and 10- any noise, vibration or light
27-1(N). generated by the business
13. Gaming facilities, unless located with- from having a significant det-
in a Planned District where listed as a rimental impact upon the ad-
Permitted Use. [Ordinance 4735, joining residential or protected
10/18/04] uses.
14. One or two-family residential struc- th• The business will not unduly
tures when more than one (1) such increase congestion on the
structure is erected on a single lot in streets in the adjoining resi-
the "R-1" or "R-2" District. [Ordinance dential area.
4855, 2/19/07] [Ordinance 4885, iv. The operation of the business
10/15/07] will not constitute a nuisance.
15. Non-Limited Alcohol Sales Uses, and v. The business, if a grocery hav-
Groceries that are Limited Alcohol ing less than 10,000 square feet
Sales Uses (off-premise consumption) of retail floor space and lo-
having less than 10,000 square feet of cated in an Alcohol Sales Use
retail floor space and located in an Al- Overlay District, has provided
cohol Sales Use Overlay District, other satisfactory evidence that it
145
r 1
Y
CHAPTER 27
SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL I
will operate as a Limited Al- of such application to recon-
cohol Sales Use (off-premise sider and notice of the hearing
consumption) and as a gro- before the Board of Adjust-
cery. ment on such application shall
b. Any Special Permit so granted by be provided to the owner of
the Board of Adjustment shall be such business at least ten days
subject to the following general in advance and shall also be
conditions, together with any ad- provided to all owners of re-
ditional special conditions re- cord of property within two
quired by the Board of Adjust- hundred fifty (250) feet of the
ment as appropriate: subject property. If the Board
of Adjustment finds that the
i. Any parking area provided for operation of such business ex-
the use of customers of the hibits a pattern of violating the
business shall be illuminated conditions set forth in the Spe-
to appropriate standards cial Permit, the Board of Ad-
found in the City of Waterloo justment shall have the author-
Municipal Code. Parking lot ity to amend or revoke the
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- cohol 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
may apply to the Board of Ad- 17. Non-profit institutions of a philan-
justment to reconsider the is- thropic or educational nature, includ-
suance of the special use per- thg libraries but excluding philan-
mit for such business. A copy thropic professional offices in the "R-
4 Multiple Resid
ence dence District or less
146
N { L
10-27-1 SPECIAL I
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- quiring 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 five 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
requiring a buffer follows a street right-of-
shall be designed for both structural
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 quality. undesirable characteristics to public view.
2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-Regulations.
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 I
uses." All alcohol sales uses shall be crwisc expressly provided in this sub
classified according to current start- section,
dards pertaining to percentage of
sales and retail floor space. For any
alcohol sales use that existed before No alcohol sal `' t ' l'
mited
adoption of Ordinance 4976 on alcohol al^ h C1
^ f^
11/23/2009, where insufficient infor- E off premises liquor control li
mation is available for a determina- ccnsc has been issued, or for
lion between a limited or non-limited which „licatien fo- h i'
alcohol sales use according to current se ha., been sub 'f` -' t t
standards, the use shall be classified anted shall '-^ lee t a `h
as a limited alcohol sales use and shall
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-
limited alcohol sales use shall provide or outdoor service area of an alco
adequate documentation for such a hol sales use to the closest point of
determination. Adequate documenta- the property line of such other al
lion may consist of, but shall not be eeltel-sales ttse:
limited to, tax forms filed with the No alcohol sales use hat is n a t '} a
Iowa Alcoholic Beverages Division, w , , w „ , , e t .
n
sales register or point-of-sale system 250 feet of another alcohol sales use
reports, income statements, and/or that is not a limited alcohol sales use,
other information certified as true and
correct by a licensed public account- the building structure or outdoor scr
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- another alcohol sales use.
ness as true, correct and complete un-
der penalty of perjury. lose 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
oncentrat w ' ' window or any similar drive-up or
uses, to mitigate the secondary effects drive-in system, except that a
pharmacy may have such a system
provided that no alcoholic bever-
deterioration and loss of property 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. chandise into a vehicle only if the
customer made the purchase in-
in addition to any other zoning dis side the premises of the grocery.
b. If an application has been filed for a
which the land may be classified. In new license or permit to sell or
dispense alcoholic beverages with
provisions shall govern, except as oth
160
v j f
10-27-1 SPECIAL I
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-
tem 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 corn- within thirty (30) days of the date of mailing
munity, any limited alcohol sales use ash the notice. Without prejudice to any other
fined herein is subject to the requirements of available methods of collection, any Jelin-
this Section. Upon request of the police chief quent amounts may be assessed against the
or designee at any time, but not more fre- property for collection in the same manner as
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 busl-
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, a�erincome acceptable to the City Planner or designee
statements, and/or other information certi- that it continues to meet, according to current
fied as true and correct by a licensed public standards pertaining to percentage of sales
accountant or a certified public accountant. and retail floor space, the requirements for
Any information provided by the business classification as the appropriate category of
shall be certified by the business as true, cor- limited alcohol sales use, including certifica-
rect accurate and complete under penalty of tion by a licensed public accountant or a certi-
perjury. If the business fails to provide the fled public accountant that the business meets
requested information within thirty (30) days the income restrictions under current stan-
after request, then such business shall be
161
.i w
-f
•
10-27-1 SPECIAL I
dards to qualify as the appropriate category ever, that any such pre-existing
of limited alcohol sales use. wind energy facility which does
S. Utility Exemption. not provide energy for a continu-
ous period of twelve (12) months
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
eluding 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:
II 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
with this subsection T. ll• The generation of electricity
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
162
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ORDINANCE NO.
AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY
OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, LIQUOR
CONTROL,OF TITLE 3,LICENSE AND BUSINESS REGULATIONS.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Section 6 of Chapter 2, Liquor Control, of Title 3, License and Business Regulations, is
hereby amended to add a new paragraph F as follows:
3-2-6: CONDITIONS OF LICENSE OR PERMIT:
F. Drive-Up Windows: Any licensee or permittee who sells or dispenses alcoholic beverages
via a drive-through or walk-up window or any similar drive-up or drive-in system in violation of
Title 10 of this code of ordinances shall be guilty of a violation of this ordinance. In addition to
any penalties prescribed by this chapter, the licensee or permittee shall, upon conviction, obtain a
building permit and proceed to permanently close said window or opening and shall finish the
exterior of the work to conform in materials and appearance as closely as reasonably possible to
the remainder of the exterior of the premises, within ninety(90) days of conviction of such
violation.
[All other provisions of Section 3-2-6 remain unmodified.]
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
MARIA ARMSTRONG
From: MAYOR CLARK
Sent: Wednesday, July 11, 2012 4:01 PM
To: ARIC SCHROEDER; SUZY SCHARES; MARIA ARMSTRONG
Cc: NOEL ANDERSON
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
That's fine.
Buck
From: ARIC SCHROEDER
Sent: Wednesday, July 11, 2012 2:38 PM
To: SUZY SCHARES; MARIA ARMSTRONG
Cc: MAYOR CLARK; NOEL ANDERSON
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
I'll defer if anyone thinks differently, but I would think 15 to maybe 20 minutes. This is kind of hard,
because I already gave a "presentation" once going over the highlights of the amendment. I would likely
give a "presentation"again, but just over what revisions have been made since the last time. That should
only take a couple of minutes. So the question is, will the Council members have questions or engage in
discussion/debate on how they think the Ordinance needs to be worded.
Anyone have any different thoughts?
Aric
From: SUZY SCHARES
Sent: Wednesday, July 11, 2012 12:46 PM
To: ARIC SCHROEDER
Cc: MARIA ARMSTRONG
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
How much time do you want for the work session?
Suzy Schares,CMC
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-4522 #3008
From: ARIC SCHROEDER
Sent: Wednesday, July 11, 2012 11:55 AM
To: SUZY SCHARES
Cc: MARIA ARMSTRONG
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
Suzy,
Let me know if you need anything more from me to have a work session. Should be about the same as
the last one, covering both the Zoning Ordinance amendment and the Code of Ordinances amendment.
7/11/2012
Aric
From: MAYOR CLARK
Sent: Wednesday, July 11, 2012 10:18 AM
To: ARIC SCHROEDER; SUZY SCHARES; NOEL ANDERSON; 'Chris Wendland'
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
The City Council is the body that has to approve this and should have the input into what it's content is. We should have a
work session with each of you present and let the Council share their thoughts and concerns with you.
Aric: Please arrange a work session through Suzy.
Thanks,
Buck
From: ARIL SCHROEDER
Sent: Wednesday, July 11, 2012 9:57 AM
To: MAYOR CLARK; SUZY SCHARES; NOEL ANDERSON; 'Chris Wendland'
Subject: Zoning Ordinance Amendment for Alcohol Sales Uses
All,
I'm looking for some input on how you all think we should proceed with the Alcohol Amendment. After the item was
continued from the June 18th Meeting, our office was working with the Attorney's Office to make further tweaks to the
proposed amendment to address concerns that were being raised. Some progress on making revisions was made, but
progress was hampered by busy schedules, including me having all of last week off, and Mr. Wendland having all of this
week off. I'm not sure where we are at with finalizing revisions, and think that tweaks are still needed if we are going to
add wording to address restaurants and grocery stores as allowable or potentially allowable in the overlay districts. With
Wendland off this week, I'm not sure we can have a final draft by Monday or not, and even if we can have a final draft
ready by then, that will probably mean handing it out to the Council at the meeting, giving them no time to review.
Any thoughts on if we should have a work session on the topic on Monday, and hopefully be ready to have a final draft to
hand out then. Then when we get to the amendment on the regular agenda later that evening, they could proceed if
everyone is comfortable, or if not, the hearing could potentially be continued for one more week(to the 23rd).
Thoughts?
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.waterloo.ia.us
7/11/2012
MARIA ARMSTRONG
From: SUZY SCHARES
Sent: Wednesday, July 11, 2012 12:46 PM
To: ARIC SCHROEDER
Cc: MARIA ARMSTRONG
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
How much time do you want for the work session?
Suzy Schares,CMC
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-4522#3008
From: ARIC SCHROEDER
Sent: Wednesday, July 11, 2012 11:55 AM
To: SUZY SCHARES
Cc: MARIA ARMSTRONG
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
Suzy,
Let me know if you need anything more from me to have a work session. Should be about the same as
the last one, covering both the Zoning Ordinance amendment and the Code of Ordinances amendment.
Aric
From: MAYOR CLARK
Sent: Wednesday, July 11, 2012 10:18 AM
To: ARIC SCHROEDER; SUZY SCHARES; NOEL ANDERSON; 'Chris Wendland'
Subject: RE: Zoning Ordinance Amendment for Alcohol Sales Uses
The City Council is the body that has to approve this and should have the input into what it's content is.
We should have a work session with each of you present and let the Council share their thoughts and
concerns with you.
Aric: Please arrange a work session through Suzy.
Thanks,
Buck
From: ARIC SCHROEDER
Sent: Wednesday, July 11, 2012 9:57 AM
To: MAYOR CLARK; SUZY SCHARES; NOEL ANDERSON; 'Chris Wendland'
Subject: Zoning Ordinance Amendment for Alcohol Sales Uses
All,
I'm looking for some input on how you all think we should proceed with the Alcohol Amendment. After the
item was continued from the June 18th Meeting, our office was working with the Attorney's Office to make
7/11/2012
further tweaks to the proposed amendment to address concerns that were being raised. Some progress on making
revisions was made, but progress was hampered by busy schedules, including me having all of last week off, and Mr.
Wendland having all of this week off. I'm not sure where we are at with finalizing revisions, and think that tweaks are still
needed if we are going to add wording to address restaurants and grocery stores as allowable or potentially allowable in
the overlay districts. With Wendland off this week, I'm not sure we can have a final draft by Monday or not, and even if we
can have a final draft ready by then, that will probably mean handing it out to the Council at the meeting, giving them no
time to review.
Any thoughts on if we should have a work session on the topic on Monday, and hopefully be ready to have a final draft to
hand out then. Then when we get to the amendment on the regular agenda later that evening, they could proceed if
everyone is comfortable, or if not, the hearing could potentially be continued for one more week (to the 23rd).
Thoughts?
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.waterloo.ia.us
7/11/2012