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HomeMy WebLinkAbout09/21/2015 Council Work Session September 21, 2015 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 3:30 p.m. Presentation by Buxton,Inc. on retail information. Approx. Discussion on RV Parking. 430 p.m. ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director Title 6—Motor Vehicles and Traffic Chapter 5(new) PARKING IN RESIDENTIAL AREAS 16-5-11: PURPOSE: {Comment[ALo1]:Formerly 302.8.1.1 The special provisions of this ordinance-chapter are intended to regulate the location of vehicles parked in the front yard on residential properties. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment. It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. The Goals obiectives to be attained through this chapter include preserving and improving the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo, minimizing the adverse visual effects of front yard parking on residential property, and allowing for the reasonable use of driveways in the front yard for parking. 0-5-2: DEFINITIONS: (Comment[ALo2]:Formerly 302.8.1.2 As used in this chaptcrFor purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. DRIVEWAY: That portion of private property, paved or unpaved,that provides vehicular access to a property from the public right-of-way or between private properties, and where said driveway is specifically designated for or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site. A driveway may extend into or across the front yard area in a residential distristpropertv. The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage, carport or parking area.The parking area shall be included in the hard surface area, conforming to section 6-5-3.A.2 hereof regulating the area of a hard-surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard to a residential distrietpropertv may be extended beyond the width of the curb-cut-garage(s)that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway, the width of the driveway opening at the street unless said driveway-extension eets the requirements of a driveway extension. In all cases, the driveway must be at least the minimumsame width dimension as the outside width dimension of a vehicle for-which it serves. This restriction shall not prohibit the construction of a parking area for multi-family residential uses in a front yard if otherwise allowed by the Zoning Ordinance. "Parked, Parking"DRIVEWAY EXTENSION: The placement of a vehicle for any substantially uninterrupted period of time not exceeding forty eight (48) houroFor a one- or two-family residential property. any extension to the driveway beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway, the width of the driveway opening at the street. RECREATIONAL VEHICLE: Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor homes. VEHICLE: trucks, snowmobiles, boats, airplanes, helicopters, trailers, campers, RVs, motor homes, Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof. YARD, FRONT: A yard extending across the full width of the lot and measured between the front lot line and the buildingfoundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, other ordinary proiections, or unenclosed porches or decks or unenclosed porches, or the required front yard set back as required by the Zoning Ordinance for R 1 and R 2 zones. On corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. YARD, REAR: A yard extending across the full width of lot and measured between the rear lot line and the buildingfoundation of a principal building or any projections thereof other than the proiection of the usual steps, overhanging balconies, other ordinary proiections, or unenclosed porches or decks . On both corner lots and interior lets-the opposite end of lot from the front yard where the house is addressed and faces. YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side lot lines and arest structurcthe foundation of a principal building or any proiection thereof, other than the projection of the usual steps, overhanging balconies, or other ordinary proiections. Ole ke.les" — Inoperativ (moohonically a legally) ecked rlic entled artially dismantled motor vehicles arc not to be in public or private view, and must be completely with a licensed salvage yard, or as an antique (over 35 years old) or special interest vehicle. C . . atie nd ee(n stickers a red to leave a chicle'n blie I6d4: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF Comment[AL03]:Formerly 302.8.1.3. This VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES: section was/is longer and subsections have been moved around and re-worded A. General Restrictions: 1. No more than four (4) motor vehicles including cars, trucks, and trailers, excluding recreational vehicles and trailers with a recreational vehicle on it, shall be parked outside an approved garage on a one- or two-family residential property. For any other residential property, the maximum number of such vehicles shall be two (2) per legally established dwelling unit within a structure. Notwithstanding the foregoing restrictions, the maximum number of such vehicles may increase to a number not more than the number of licensed drivers legally residing at the property. 2 2. Any vehicles parked outside an approved garage shall be parked on concrete (five inches Portland Cement Concrete minimum),asphalt(four inches of hot mix asphalt on a six inch rock base minimum), or graveljsix inches minimum City-of Waterlee. Grass, patio pavers, bricks, or similar products isare not an approved parking surface unless said patio pavers, bricks, or similar products are placed over a minimum depth of four inches of rock base. In all cases the parking surface must be at least equal to the outside dimensions of a vehicle which it serves. For one- and two-family residential properties, gravel shall be an approved parking surface in a rear or side yard and in a front yard for the driveway (excluding any driveway extensions). Gravel is not an approved parking surface in a front yard beyond the driveway, or for any parking surface for a multi-family residential property. For one-and two-family residential properties, the width of a driveway in the front yard shall be limited to the width of the garage(s)that the driveway serves, or in the absence of a garage, the width of the driveway opening at the street. Existing gravel parking areas in the front yard that extend past the driveway(i.e., a driveway extension)of a one-or two-family residential property shall have until December 31, 201I1 to _.- Comment WOO Change from2016to2017 be brought into compliance with this requirement. Existing gravel areas for parking surfaces per Council comment 05/27/15 for multi-family residential property shall be subiect to applicable non-conforming use provisions of the City of Waterloo Zoning Ordinance, if legally constructed prior to adoption of Ordinance 2479 on February 3, 1969. Non-conforming status shall not apply to gravel areas created after February 3, 1969 for multi-family residential properties or to gravel areas for one-or two-family residential property converted to multi-family residential property after February 3, 1969. Parking is permitted in the rear and side yards, subiect to compliance with the applicable requirements of this paragraph. 3. 4n any "R" district, No one- or two-family dwelling-or lot-residential property shall have more thanthirty thrce percent (33%) of a driveway extension more than ten (10) feet wide measured perpendicular to the driveway in the front yard parking-purposes. However, this restriction shall not prohibit the construction of a twenty (20) foot driveway , driv,. th •1 xte odiatol front of and tL.a. Width ably ry♦o p ,idea s tat a. 2 er A stall ,nor shall it prohibit the construction of a circular drive if otherwise approved by the City Engineer and meeting the requirements of the City Code of Ordinances, nor shall it prohibit a driveway extension that is more than ten (10) foot wide measured perpendicular to the driveway when used for a turnaround (hammerhead) and not used for parking. Existing driveway extensions that do not comply with these requirements that are surfaced with hot mix asphalt or Portland Cement Concrete shall be permitted to continue and to be rebuilt as long as said rebuild does not increase the non-conformity. Existing driveway extensions that do not comply with these requirements and are not surfaced with hot mix asphalt or Portland Cement Concrete shall have until December 31, 201m to be brought into (Comment[A1.051:Change from 2016 to2017� compliance with these requirements. _ I.per Council comment05/27/15 B. Parking in Front Yards: No parking shall be allowed in the front yard of a residential property or any portion of such front yard, as defined in No. 3 of this-section, unless-the-feliewing-irstfUe 4--Fthe area is a permitted driveway or driveway extension as defined in this ordinancechapter. Recreational vehicles as defined in this ordinancosection shall be strictly prohibited from Comment[ALO6]:Change seven days m3days per Council comment 05/26/I5 parking in the front yard except for temporary periods not exceeding khree (31i days Within_ comment[AL07]:AAawithin 7 m any seven(7)day period,.__ - y period per --- ------- - --- -' Council comment 06/01/15 3 1. Parking is permitted in the roar and side yards, behind the front yard as herein defined. In the case of corner lots, the front yard shall include that portion of the lot between the principal structure and the street right of way on both street sides of the lot. All parking shall If any part of a vehicle is parked in the front yard. the entire vehicle shall be deemed to be parked in the front yard, regardless of whether some part of the vehicle is not parked in the front yard. C. Front Yard Parking Citation: 1. No person shall drive, stop, stand, or park a vehicle onto or upon the front yards of a property, except as permitted by this section or except for work in progress, such as construction, tree trimming. etc., or temporary activities such as deliveries or vehicle washing not exceeding two (2) hours. A violation of this section shall place such vehicle in the status of an illegally parked vehicle and, upon complaint of a violation, the vehicle may be dealt with pursuant to this chapter section 302.8.1(3)b.5. 2---114e--eersee--shall-serk-a-vehiele-in-vietatiert-ef-the-fr-ent-yers1-pr-evisiens-in-gebsestiee 302.8.1(3)b. Parking in Front Yards. 3. No person shall park a vehicle in violation of the site plan parking provisions in the City of Waterloo Zoning Codc. 2. In lieu of a citation for a municipal infraction a person who violates any provision of this section challmay be issued a front yard parking citation in the amount of$40.00. 3. Prima Facie Presumption: In any proceeding charging a violation of this chapter, proof that the particular vehicle described in the information was parked in violation of this chapter, together with proof that the defendant named in the information was the registered owner of the vehicle or the owner of the property on which said vehicle was unlawfully parked at the time of the alleged violation,shall constitute a prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this chapter or allowing the violation to occur. I D. Parking of(Recreational Vehicles): 1. Not more than twethree(23) recreational vehicles shall be parked on any single-one-or two-family residential letpropertyhaving an area of one acre or less. No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors. Visitor parking shall be limited to not more than thirty(30)days per calendar year. at.. y aim pt that ro red for.pother oaf's nl v ehiclo 2. A recreational vehicles may be parked in a front yard if such vehicle is parked on a driveway or driveway extension on a hard surface having a depth of 1 inches located adjacent to and parallel with the driveway if the recreational vehicle has a height no gr aterCommeM[ALOB]:Change seven days to three }s... AO^and not earl ed '.,the".:. a:....gle required by days per Council comment 05/2WI5 .. .... .._._.. ..._..g._ ._quire__, _—.....� is parked for temporary periods not exceeding three(3)I days(within any seven(7)day period. Comment[Au097:add W h n 7 day period per _.__.... -- Council comment 06ro1/I5 4 3. Recreational vehicles may park in-the a required side or rear yard on an approved parking surface. b. or if after written application the Department of Community Development in rho q ed .ids and ..hich a ch p al hall h 4 �y Adjustment. In determing whether the vehicle may adversely affect the passage of wind and In dete g .•hether fhn ailability of light .rill be ad I aff d h that provided by a deck or patio, shall be considered together with building E. Use as Residence: No recreational vehicle shall be used as a temporary or permanent --{comment(ALolo]:Formerly 302.8.1.4 residence, except in a conforming recreational vehicle park, campground or beyendwithin the time permitted for visitor parking as noted in Section-27clsubsection D.1 above. 6) Rem val d Impoundment of-Iv llegally Parked Vehicles. The Code Enforcement Division and/or the Police Department may remove and impound at a location designated by the City. 6-5 41: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES: As an additional or alternative _ commentLaw. j:Alsoformerlypanof remedy to the issuance of a citation as provided in section 6-5-3(C)(2), vehicles that are 302.8.1.3(302.8.1.3.b.6)but this replacement section stopped or parked in violation of this chapter or other city ordinances may be removed and significantly expands upon he forme wording impounded as provided in this section. A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if they can be identified, and the owner of the property by at least one of the following methods: (i) by delivering a copy of the notice to the individual personally; (ii) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is 5 at least eighteen(18)years old: (iii) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; (iv) by sending a cop/ thereof by certified mail, return receipt requested, to the last known address of the recipient; or(v) by sending a copy thereof by first-class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subiect property. As an alternative to service of notice by any of the foregoing means, notice by one publication in a newspaper of general circulation in the City of Waterloo shall be sufficient to meet the requirements of this subsection. The published notice may contain multiple listings of vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailing notice in this subsection. Published notice may be used if (a) the identity of the last registered owner cannot be determined;or(b)the registration contains no address for the owner; or (c) it is impossible to determine with reasonable certainty the identity and address of all lienholders. Notice shall be deemed given either when personally served, when mailed, or when published. If notice served only by certified mail is returned undelivered by the U.S. post office, action to impound the vehicle shall be continued to a date not less than ten (10) days from the date of such action. This notice shall contain the following information: 1. That the vehicle is in violation of this chapter 2. A description, to the extent possible, of the year, make, model, color, and location of the vehicle, 3. That the owner of the vehicle and/or the property owner must remove the vehicle or correct the violation in accordance with this chapter 4. That failure to comply with the provisions of this chapter within seven(7)days from the date notice is given, the owner of the vehicle and the property owner shall be liable for the violation 5. That the vehicle will be removed by the city and impounded at the owner's expense; and 6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the owner of the vehicle, the property owner and the lienholders shall no longer have any right, title, claim or interest in or to the vehicle or the personal property contained therein. B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is located fails to remove the vehicle in accordance with the terms of this chapter, the enforcement officer shall abate such violation by causing the vehicle to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the vehicle and/or the owner of the property. C. Redemption Oaf Impounded Vehicle; Abandonment: Within thirty (30) days after the impoundment of any vehicle under this section,the owner thereof may appear and claim the vehicle or the personal property contained therein. The vehicle shall be released after the owner provides proof of ownership,pays an impoundment fee, and pays towing and storage charges. Personal property contents shall be released after the owner provides proof of ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall 6 no longer have any right, title, claim or interest in or to the vehicle and its remaining contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the Code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. 0-5-0: EFFECTIVE DATE. _ {Comment[ALO12]:Formedy302.8.1.5 This sestionchapter shal--beser eis effective upon adoption. Current residents owning recreational vehicles on the effective date shall be-givenhave 180 days until December 31,2015 to conform to the parking provisions of this Sectienchapter for their current place of residency for the d ratio.•♦hat to c id , ♦' hi 61�• Autheiaeed-EENFORCEMENT_- '^9� ��� __. -(comment[AL013]:Formerly 302.8.1.E ode enforcement officers and officers of the Waterloo Police Department are authorized to enforce the provisions of this chapter. Penalty nedbeeo Formerly o r�,notedas covered by code Any violation of this ordinance shall constitute a Municipal Infraction and be punichablo 6-5-7: REQUEST FOR VARIANCE OR APPEAL: A person who,either being charged with violation of this chapter or in anticipation of being charged with such violation, desires to request an exception to the application of any provision of this chapter due to extraordinary hardships or practical difficulties, may file an application for a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city council. The application shall state the relief requested and the grounds therefor. As to any citation or notice of violation issued pursuant to this chapter,the application must be filed within seven(7)days after the citation or notice is delivered. Hearing on the application shall be scheduled for a date within thirty(30)days after the application is filed and the fee paid,and it shall be scheduled for no more than twenty(20)minutes in length or, if the applicant requests an extension of time,such additional time as the city council or its designated committee, in its discretion,may deem necessary. If the applicant desires additional time, he or she must request it at least seven(7)days before the scheduled hearing date. A variance shall not have the effect of nullifying the intent and purpose of this chapter. The city council or its designated committee shall consider whether the granting of a variance would be detrimental to the public health,safety or welfare,whether the subiect property is characterized by unique conditions whether the applicant will suffer particular hardship as compared to mere inconvenience if the strict letter of this chapter are carried out,and any other considerations that the city council or its designated committee consider relevant. After such hearing,the city council or its designated committee shall act by simple maiority vote, may require such conditions as the council or its committee believe will substantially secure the obiectives of this chapter, and shall reduce its decision to writing. The city clerk shall deliver a copy of the decision to the applicant. 7 ( R( f ev\1\y -P-Pecr i u e_ h etc-f ✓.e04 e vt-fS ORDINANCE NO. 4994 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, INTERNATIONAL PROPERTY MAINTENANCE CODE, OF CHAPTER 1, BUILDING CODE, OF TITLE 9, BUILDING REGULATIONS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted as follows : B. THE INTERNATIONAL PROPERTY MAINTENANCE CODE 9-1B-1 . THE INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Waterloo, Iowa, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Waterloo, in the State of Iowa for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk of the City of Waterloo are hereby referred to, adopted, and made a Ordinance No. 4994 Page 2 part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. 9-1B-2 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. A. GENERAL AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. Any reference to the International Plumbing Code shall be replaced with the "adopted plumbing code". Section 101 . 1 Insert: City of Waterloo Section 103 . 5 Fees . Shall be deleted in its entirety, and a new Section 103 . 5 shall read as follows : The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be set by resolution of the City Council . Section 106 shall be amended by adding the following sections : Section 106. 6 Hardship Due to Code Application Section 106 . 6. 1 Definition Hardship - The literal application of this code causes hardship to the owner of the affected property. Section 106 . 6. 2 Referral . The Code Official shall refer all hardship cases to the Community Development Office . Section 302 . 8 Motor Vehicles shall be amended by adding: Ordinance No. 4994 Page 3 Section 302 . 8 . 1 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations Enforcement is deleted in its entirety and a new Section 302 . 8 . 1 shall read as follows : Section 302 . 8 . 1 . Parking in R-1 and R-2 Zoned Districts : 1 . Purpose: The special provisions of this ordinance are intended to regulate the location of vehicles parked in the front yard. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment . It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. a. Goals 1) To preserve and improve the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo. 2) To minimize the adverse visual effects of front yard parking. 3) To allow for the reasonable use of driveways in the front yard for parking. 2 . Definitions : As used in this chapter. a . "Driveway" - That portion of private property, paved or unpaved, that provides vehicular access to a property from the public right-of- way or between private properties, and where said driveway is specifically designated for Ordinance No. 4994 Page 4 or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site . A driveway may extend into or across the front yard area in a residential district . The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage, carport or parking area . The parking area shall be included in the hard surface area, conforming to Section 3 . a. 2 of this ordinance regulating the area of a hard- surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard to a residential district may be extended beyond the width of the curb cut unless said driveway extension provides direct access to a parking lot, garage, parking area, adjacent approved curb- cut entrance, or adjacent street right-of-way located outside of the front yard area. In all cases, the driveway must be at least the minimum width dimension as the outside width dimension of a vehicle for which it serves . b. "Parked, Parking" - The placement of a vehicle for any substantially uninterrupted period of time not exceeding forty-eight (48) hours . c. "Recreational Vehicle" - Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor-homes . Ordinance No. 4994 Page 5 d. "Vehicle" - Any motorized implement of conveyance designed or used for the transportation of people or materials on land, water, or air, including but not limited to, motorcycles, automobiles, trucks, snowmobiles, boats, airplanes, helicopters, trailers, campers, RVs, motor-homes, wagons, or any part or accessory portion thereof. e. "Yard, Front" - A yard extending across the full width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches, or the required front yard set back as required by the Zoning Ordinance for R-1 and R-2 zones . f. "Yard, Rear" - A yard extending across the full width of lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches . On both corner lots and interior lots the opposite end of lot from the front yard. g. "Yard, Side" - A yard extending from the front yard to the rear yard and measured between the side lot lines and nearest structure . h. "Junked Vehicles" - Inoperative (mechanically or legally) , wrecked, dismantled or partially dismantled motor vehicles are not to be in public or private view, and must be completely enclosed in a building. Junked vehicles may not be placed behind fences, unless in connection with a licensed salvage yard, or as an antique (over 35 years old) or special interest vehicle . Current registration and inspection stickers are required to leave a vehicle in public view. Ordinance No . 4994 Page 6 3 . Standards Governing the Off-Street Parking or Storage of Vehicles As An Accessory Use. a. Restrictions Addressing Parking of Vehicles On Residential Property: 1) No more than four (4) motor vehicles-- including cars, trucks, trailers, recreational—shall be parked outside an approved garage on residential property. 2) Any vehicles parked outside an approved garage shall be parked on concrete, asphalt, gravel or similar surface approved by the City of Waterloo. Grass is not an approved parking surface. b. Parking in Front Yards : For one- and two-family dwellings, no parking shall be allowed in the front yard, as defined in No. 3 of this section, unless the following is true: 1) The area is a permitted driveway as defined in this ordinance . 2) In any "R" district, no one- or two- family dwelling or lot shall have more than thirty-three percent (33%) of the front yard used for driveway and off- street parking purposes . However, this restriction shall not prohibit the construction of a twenty-foot (20' ) driveway or driveway expansion immediately in front of and the minimum width reasonably necessary to provide access to a 3 or 4-stall garage. Nor shall it prohibit the construction of a circular drive if otherwise approved by Ordinance No. 4994 Page 7 the City Engineer and meeting the requirements of the City Code of Ordinances . 3) Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance. Recreational vehicles as defined in this ordinance shall be strictly prohibited from parking in the front yard. 4) Parking is permitted in the rear and side yards, behind the front yard as herein defined. In the case of corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot . All parking shall comply with paragraph 3 . a. 2 . c. Parking (Recreational Vehicles) : 1) Not more than two (2) recreational vehicles shall be parked on any single- family residential lot having an area of one acre or less . No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors . NOTE: Visitor parking shall be limited to not more than thirty (30) days per calendar year. 2) Recreational vehicles shall not occupy or obstruct access to any required parking space at any time, except that required for another recreational vehicle. 3) Recreational vehicles may be parked in a front yard if such vehicle is parked on a driveway or on a hard surface having a Ordinance No. 4994 Page 8 depth of 4 inches located adjacent to and parallel with the driveway if the recreational vehicle has a height no greater than 48" and is not parked in the "vision triangle" required by zoning. 4 ) Recreational vehicles may park in the required side yard: a. if a minimum separation of 10 feet, including the side yard setback of the adjoining property, is maintained between the closest point of the vehicle and any other like vehicle or principal building (including attached accessory structures) on an adjoining premises; b. or if after written application the Department of Community Development Technical Review Committee finds that there will not be an adverse impact upon the passage of air or availability of light to adjoining properties, or drainage; c. or if the adjoining property owner does not file a written objection to such parking in the required side yard, in which case such proposal shall be referred to the Board of Adjustment for a determination. The adjoining property owner shall be notified of such proposal and permitted not less than ten (10) days nor more than twenty (20) days to appeal any approval by staff for hearing by the Board of Adjustment . Ordinance No. 4994 Page 9 In determining whether the vehicle may adversely affect the passage of wind and air, the Department or Board shall give consideration to whether increased snow drifting or wind velocity may result to the detriment of adjoining properties to an extent greater than would occur from other activities permitted in the side yard. In determining whether the availability of light will be adversely affected, the presence of doors or windows on adjoining side walls for living or family rooms, kitchen, or bedrooms; and porches or organized outdoor living space such as that provided by a deck or patio, shall be considered together with building orientation, topography, and similar factors . 4 . Use as Residence . No recreational vehicle shall be used as a temporary or permanent residence, except in a conforming recreational vehicle park, campground or beyond the time permitted for "visitor parking" (as noted in Section 3 . c. 1) . 5 . Effective Date. (Recreational Vehicle Parking) This section shall become effective upon adoption. Current residents owning recreational vehicles on the effective date shall be given 180 days to conform to the parking provisions of this Section for their current place of residency for the duration that the current resident owns a recreational vehicle. 6 . Authorized Enforcement Agencies . Ordinance No. 4994 Page 10 The Waterloo Police Department, Code Enforcement Officers, or any other persons authorized by Resolution of the City Council are authorized to enforce the ordinance. 7 . Penalty. Any violation of this ordinance shall constitute a Municipal Infraction and be punishable consistent with Sections 1-8 of the Waterloo Code of Ordinances . Section 304 . 14 is deleted in its entirety. Section 307 . 2 . 1 Rubbish Storage Facilities shall be amended by adding: Section 307 . 2 . 1 . 1 Container Size is deleted in its entirety and replaced with the following: Multi-unit residential buildings containing five or more units shall provide adequate storage for waste so as to store all waste inside containers with the lids closed. Multi-unit residential buildings containing four or less units may utilize city garbage collection services provided that each unit has city garbage cart capable of containing all garbage with the lid closed. Minimum requirements for waste containers are as follows : 1-4 units 2 cubic yard minimum 5-8 units 4 cubic yards minimum 9-12 units 6 yards minimum Multi-unit developments shall provide the appropriate number of waste containers based upon the number of buildings and units within the development . Ordinance No . 4994 Page 11 Section 112 . 4 is deleted in its entirety and replaced with the following: 112 . 4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this ordinance. Any violation of this ordinance shall constitute a Municipal Infraction and be punishable consistent with Sections 1-8 of the Waterloo Code of Ordinances . 9-1B-3 . If existing ordinances of the City of Waterloo are in conflict herewith, the most restrictive shall prevail. 9-1B-4 . That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council hereby declares that it would have passed this ordinance, and for each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 9-1B-5 . That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this ordinance . INTRODUCED: June 7, 2010 PASSED 1st CONSIDERATION: June 7, 2010 PASSED 2nd CONSIDERATION: June 14, 2010 PASSED 3rd CONSIDERATION: June 21, 2010 Ordinance No. 4994 Page 12 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 21st day of June, 2010, and approved by the Mayor on the 23rd day of June, 2010 . Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4994 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of June, 2010 . Witness my hand and seal of office this 23rd day of June, 2010 . SEAL Suzy Schares, CMC City Clerk THEBUXTON : F ;-R CE • Results Matter • World Class Client Satisfaction • The Buxton Promise _ • Proven Innovation and „ }� Recognized Trailblazer We are the leader in customer analytics. Since our founding in 1994, we have worked with more than 3,000 clients and have earned a reputation for our client-first approach and high-quality solutions. Results Matter COMMUNITIES SQUARE FEET OF NATIONWIDE NEW RETAIL SPACE World Class Client Satisfaction As a Buxton client you have a dedicated, experienced team supporting you through your partnership with us. This team serves as an extension of your staff,tracking your progress and providing guidance to help you evolve your strategy. We know how to help you implement and execute development strategies to see results from your investment. We measure client satisfaction and use feedback to fuel constant improvement. Our client satisfaction rating is higher than that of Mercedes-Benz, Oracle, IBM, Tiffany & Co., Uber, Apple, BMW, Starbucks and Burberry. . isi 1-888-2BUXTON buxton@buxtonco.com www.buxtonco.corn BUtOfll The Buxton Promise On-Time Delivery Once you provide the necessary information, we begin your analysis and deliver on time, every time. Within 60 days of contracting with Buxton, your community will be on the road to increasing tax revenue, improving quality of life and retaining businesses. Proven Innovation and Recognized Trailblazer • Experience with more than 3,000 clients in our 21 year history, including 700 public sector clients • More than 7,500 sites opened last year by our retail and restaurant client base • More than 40 million square feet of retail space recruited or expanded by our public sector clients • Innovative methodologies and the most granular datasets available Awards SILVER STEVI E W INNER 20 :5 SILVER NRF 'k STEV 4 STEVIEWINNER.;2 0 ES '�AMERICAN O ' BUSINESS�.rlw Rs. BUSINESS AWARDS Tom Buxton was named to The Buxton recognized as an List of People Shaping Retail's Most Innovative Customer Service Ernst&Young Entrepreneur Future by the NRF Foundation. Company of the Year Department of the Year of the Year award winner. Relationships with the Ivy League and Industry Associations Harvard ►�' }l oarton Business Dartmouth UN Review I C ALLIANCE FOR ILeaders at the Core of Better Communities TRANSFORMING R We understand the need to see results and a return on your investment. That's why our dedicated account management teams are here to act as an extension of your staff, helping you achieve your development goals by providing you with an unparalleled level of service. Great organizations grow with us— and we're ready to start a partnership with you. ILJ _t()I1 1-888-2BUXTON buxton@buxtonco.com www.buxtonco.com RETAIL RECRUITMENT SCQUT N FUS`tOni rack .iwNJut�c' califo rnia r , x GAPCrateffiarrel &a-00c Met . Ls �.t l . .,w, Buxton's Retail Recruitment Solution gives community leaders access to the same market intelligence that retailers use to make site selection `bell t decisions. Using Buxton's proprietary web-based o^exPt analytics platform, SCOUT, you can showcase retail nQ• • fN se potential to prospective new businesses and run reports to assist local businesses. We position your community for retail development success. • Identify the specific retailers and restaurants that match the shopping and dining preferences of consumers in your trade area • Using SCOUT, present a convincing case to retailers seeking growth opportunities using unbiased, third- party data and analysis • Increase tax revenue and reduce retail leakage by keeping business transactions in your community • Retain and assist business owners by providing market intelligence to optimize merchandising and marketing • Enhance your community's quality of life to attract additional residents and businesses GROW WITH US. 1-888-2BUXTON buxton@buxtonco.com www.buxtonco.com BUtOfl Retail Recruitment Details "Buxton has Evaluate Retail Potential: How many consumers are in your trade been invaluable area? Where do they shop, and what do they buy? Our analysis digs in marketing to deep to identify what factors make your community attractive to interested businesses rouilorc, using driun-timo analg, loaf ago and surplus analysis and by skewing th n1 other techniques. exactly how our trade area spends their Identify Retailers that Match Your Community: Buxton defines money. I am eager to the core consumer segments in your trade area, going much deeper than demographic information to define the lifestyles of recommend Buxton your residents. Once identified, Buxton provides a list of 20 retailers to other Economic whose customers match the profiles of your consumers, who already Development have locations in trade areas very similar to yours, but who do not Directors and their have existing locations in the area. communities." Prepare Marketing Packages for Targeted Retailers: Buxton Cheryl Stalinsky prepares custom reports and introductory letters to inform retailers Economic Dev. Director on your match list of the opportunities in your community. Your Buxton support team will be available to coach you throughout the #.0 O' F ULS recruitment process. 4}i�,. � Use SCOUT to Support Economic Development: Throughout your relationship with Buxton, you will have access to Buxton's SCOUT platform,which allows you to access your Buxton analysis, run custom �` 43),4 ' reports, and showcase development potential. 8zg 1890.1` Over 3,000 Clients Grow With Buxton kill4L 11 �' - CEDAR RAPIDS 1, I► �� �� "�-'1IFOO�'" City of Five Seasons' Oak Park k. _ _ v, —` Augustah a 4) �„Y°r ingspor South Carolina's Rn erfronf Castl 0 R A pnes GROW WITH US. 1-888-2BUXTON buxton@buxtonco.com www.buxtonco.com BUtOfl VISITOR INSIGHTS SCOUT Top Markets for Tourism Spending 11 San Diego 2 Dallas-tort Worth * What could you do with a detailed portrait of your community's visitors? Buxton's Visitor Insights Solution was designed to give you the insights needed to design effective tourism marketing campaigns and better understand consumer demand for goods and services in your trade area. With Buxton's Visitor Insights Solution, you will be able to: ._ NOW: • Understand who your visitors are — including their lifestyles, Pinpoint the markets consumption patterns, and media habits where your best visitors live in order to optimize • Quantify the economic impact of visitors and identify the retail advertising spending. categories where they spend money in your community • Identify the type of visitor that has the best economic impact on your community • Pinpoint the markets where your best visitors, and those just like them, live in order to optimize advertising spending • Target marketing messages to past and potential visitors at the household level • Incorporate your visitor consumer base into retail recruitment efforts �a . �e 1-888-2BUXTON buxton@buxtonco.com � wwtiv.buxtonco.com BUtOfl Visitor Insights Solution Details Buxton analyzes 12 months of aggregated and de-identified payment transaction data from visitors in your community. With this data, we "If you're define your core visitors, identify your key visitor markets and analyze serious about visitor expenditures. trying to Define Core Visitors:Buxton defines your core visitor profiles through figure out how segmentation analysis. Our analysis goes deeper than demographics to provide you with psychographic information on the lifestyles of to get more your core visitor groups, using the Mosaic 71 segmentation system. 'heads in beds,' Identify Key Visitor Markets: Once your core visitors have been this is a great defined, Buxton identifies where these visitors come from. Using a product. market prioritization index, we rank DMAs based on concentrations of consumers who are most likely to visit your community. • •. Analyze Visitor Expenditures: Buxton also analyzes visitor o ?PIA Spy .• expenditures in your community by classifying spending in nine ? • categories,from specialty retail to full-service restaurants. This allows • `" us to also rank DMAs based on categories of retail spending,showing • '~CbkVpRATEO 9�0 • ;' e. you which markets spend the most in each category. '•. q�1FOit / Over 3,000 Clients Grow With Buxton ANGELSrigsv �a DO�IVNT+OIWN * � • INDIAN WELLS CAM, GEORGETOWN di DOWNTOWN DALLAS INC Cllj Of, • .,fir))• CITY of S�VICPVl��B �I�' AF�ILONA CDURANGOflYof,,i „OFFICE ofTOURISM ® Oak Park GROW WITH US. 1-888-2BUXTON buxton@buxtonco.com www.buxtonco.com BUtOfl