HomeMy WebLinkAbout5210-4 /28/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5210
AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED,
THE CITY OF WATERLOO ZONING ORDINANCE ADOPTED OCTOBER
17, 2011, BY:
INSERTING NEW DEFINITIONS FOR "DELAYED DEPOSIT SERVICE
USE", "PAWNBROKER USE" AND "PROTECTED USES" IN SECTION
10-3-1, DEFINITIONS, OF CHAPTER 3, DEFINITIONS, AND
AMENDING THE DEFINITIONS OF "ADULT BUSINESSES/ADULT
USES" AND "ALCOHOL SALES USES" IN SECTION 10-3-1,
DEFINITIONS, OF CHAPTER 3, DEFINITIONS, AND
REPEALING PARAGRAPHS E AND F OF SUBSECTION 5, NON-
CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND
PREMISES IN COMBINATION, OF SUBSECTION B, NON-
CONFORMING USES OF LAND, NON -CONFORMING STRUCTURES,
NON -CONFORMING USES OF STRUCTURES AND PREMISES, AND
NON -CONFORMING LOTS, OF SECTION 10-5-1, GENERAL
REGULATIONS, OF CHAPTER 5, GENERAL REGULATIONS; AND
ENACTING IN LIEU THEREOF NEW PARAGRAPHS E AND F OF
SAID SUBSECTION 5, AND
ADDING A NEW PARAGRAPH 6 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-14-1, REGULATIONS, OF
CHAPTER 14, "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT,
AND
REPEALING SUBPARAGRAPH B OF PARAGRAPH 2 OF SUBSECTION
A, PRINCIPAL PERMITTED USES, OF SECTION 10-15-1,
REGULATIONS, OF CHAPTER 15, "C-2" COMMERCIAL DISTRICT,
AND
AMENDING SUBSECTION A, PRINCIPAL PERMITTED USES, OF
SECTION 10-15-1, REGULATIONS, OF CHAPTER 15, "C-2"
COMMERCIAL DISTRICT, BY ADDING NEW PARAGRAPHS 27 AND
28, AND
REPEALING PARAGRAPH 2 OF SUBSECTION B, USES PERMITTED,
OF SECTION 10-16-1, GENERAL REGULATIONS, OF CHAPTER
16, "C -P" PLANNED COMMERCIAL DISTRICT, AND ENACTING IN
LIEU THEREOF A NEW PARAGRAPH 2, AND
REPEALING PARAGRAPH 3 OF SUBSECTION B, USES PERMITTED,
OF SECTION 10-17-1, GENERAL REGULATIONS, OF CHAPTER
17, "B -P" BUSINESS PARK DISTRICT, AND ENACTING IN LIEU
THEREOF A NEW PARAGRAPH 3, AND
REPEALING PARAGRAPH 1 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-18-1, REGULATIONS, OF
CHAPTER 18, "C-3" CENTRAL BUSINESS DISTRICT, AND
ENACTING IN LIEU THEREOF A NEW PARAGRAPH 1, AND
Ordinance No. 5210
Page 2
ADDING A NEW PARAGRAPH 34 OF SUBSECTION A, PRINCIPAL
PERMITTED USES, OF SECTION 10-19-1, REGULATIONS, OF
CHAPTER 19, "M-1" LIGHT INDUSTRIAL DISTRICT.
BE IT ORDAINED by the City Council of the City of Waterloo
that the City of Waterloo Zoning Ordinance No. 5079, as
previously amended, is amended as set out herein, repealing
those sections that are being replaced and setting forth the
amendment or replacement sections, and further amending said
Ordinance by adding amendments as set out herein. Said
Ordinance, as amended hereby, shall apply to all lands lying
within the corporate limits of the City of Waterloo, Black Hawk
County, Iowa. This Ordinance shall be in full force and effect
after its final passage and publication as provided by law.
BE IT ORDAINED by the City Council of the City of Waterloo,
Iowa:
That the definitions of "Delayed Deposit Service Use",
"Pawnbroker Use" and "Protected Uses" are hereby added in
Section 10-3-1, Definitions, of Chapter 3, Definitions, in their
alphabetical order, as follows:
Delayed Deposit Service Use: Any individual, group of
individuals, partnership, association, corporation, or any
other business unit or legal entity that, for a fee,
accepts a check dated subsequent to the date it was written
or accepts a check dated on the date it was written and
holds the check for a period of time prior to deposit or
presentment pursuant to an agreement with, or any
representation made to, the maker of the check, whether
express or implied. The purposes of this chapter, "check"
means a check, draft, share draft, or other instrument for
the payment of money Such uses are also known as payday
lenders.
Pawnbroker Use: Any person, partnership, corporation,
company or other entity that is subject to licensure as a
pawnbroker under Title 3 of the code of ordinances.
Protected Uses: Protected uses include a building in
which a majority of floor space is used for residential
purposes; a property located within a residentially zoned
district; a day care center where such day care center is a
principal use; a house of worship; a public library; a
preschool; an elementary, middle or high school (public,
parochial or private); public park; publicly owned or
operated recreation center or athletic facility; privately
operated recreational use; a museum or cultural arts center
or facility; a civic/convention center; a community
residential facility; a mission; a hospital; a dental,
medical or mental health facility; a building or office
operated by any governmental entity. However, this
definition shall not apply if the protected use is a legal
non -conforming use. Whether a given use is a protected use
as defined herein shall be determined by the city planner
in his reasonable discretion.
Ordinance No. 5210
Page 3
That the definition of "Adult Businesses/Adult Uses" in
Section 10-3-1, Definitions, of Chapter 3, Definitions, is
hereby amended to repeal paragraph 10 thereof and to enact in
lieu thereof the following new paragraph 10 as follows:
10. Protected Uses: Protected uses as herein defined.
That the definition of "Alcohol Sales Uses" in Section 10-
3-1, Definitions, of Chapter 3, Definitions, is hereby amended
to repeal paragraph 1 thereof and to enact in lieu thereof a new
paragraph 1 as follows:
1. Alcohol - Protected Uses: Protected uses as herein
defined.
That paragraphs "e" and "f" of Subsection 5, Non -Conforming
Uses of Structures or of Structures and Premises in Combination,
of Subsection B, Non -Conforming Uses of Land, Non -Conforming
Structures, Non -Conforming Uses of Structures and Premises, and
Non -Conforming Lots, of Section 10-5-1, General Regulations, of
Chapter 5, General Regulations, are hereby repealed in their
entirety; and new paragraphs "e" and "f" of said Subsection 5
are hereby enacted in lieu thereof as follows:
e. Except for a non -conforming use that is an alcohol
sales use or delayed deposit service use, when a non-
conforming use of a structure or structure and premises
in combination is discontinued or abandoned for twelve
(12) consecutive months or for eighteen (18) months
during any three (3) year period (except when
government action impedes access to the premises), the
structure or structure and premises in combination
shall not thereafter be used except in conformity with
the regulations of the district in which it is located.
f. As to alcohol sales uses and delayed deposit service
uses (each a "specially licensed use"), when the use of
a structure or structure and premises in combination is
non -conforming because it is a specially licensed use,
either solely for that reason or in combination with
other reasons, and when specially licensed use is
discontinued or abandoned for three (3) consecutive
months (except when government action impedes access to
the premises), the structure or structure and premises
in combination shall not thereafter be used as a
specially licensed use except in conformity with the
regulations of the district in which it is located.
This paragraph shall apply equally to (i) the cessation
of a business that is a specially licensed use, (ii) a
business that holds a license or permit to operate as a
specially licensed use but fails to continuously and
actively operate as such, and (iii) a business that
continues operating as a non -specially licensed use
after its license or permit to sell, dispense, or
provide goods or services of a type requiring special
licensure, for any cause, lapses, is suspended or
revoked, or otherwise fails to be or remain in effect.
t
Ordinance No. 5210
Page 4
That Subsection A, Principal Permitted Uses, of Section 10-
14-1, Regulations, of Chapter 14, "C-1" Neighborhood Commercial
District, is amended to add a new paragraph 6, as follows:
6. Specifically excluded as principal permitted uses under
this subsection are delayed deposit service uses and
pawnbroker uses.
That subparagraph "b" of paragraph 2 of Subsection A,
Principal Permitted Uses, of Section 10-15-1, Regulations, of
Chapter 15, "C-2" Commercial District, is hereby repealed in its
entirety; and subparagraph "c" is hereby redesignated as
subparagraph "b".
That Subsection A, Principal Permitted Uses, of Section 10-
15-1, Regulations, of Chapter 15, "C-2" Commercial District, is
amended to renumber paragraph 27 as paragraph 29, and new
paragraphs 27 and 28 are hereby enacted as follows:
27. Delayed deposit service uses, provided that such uses
meet the following requirements:
a. The use is licensed as a delayed deposit services
business by the State of Iowa.
b. No delayed deposit service use shall be located
within 600 feet from any of the following, as
measured in a straight line from the closest
point of the property line in which a delayed
deposit service use is located to the closest
point of the property line of such other use or
area: protected uses, pawnbroker uses, other
delayed deposit service uses, adult uses, or non -
limited alcohol sales uses.
C. No delayed deposit service use shall offer or
provide delayed deposit services via a drive-
through or walk-up window or any similar drive -up
or drive-in system.
28. Pawnbroker uses.
That paragraph 2 of Subsection B, Uses Permitted, of
Section 10-16-1, General Regulations, of Chapter 16, "C -P"
Planned Commercial District, is hereby repealed in its entirety;
and a new paragraph 2 of said Subsection B is hereby enacted in
lieu thereof as follows:
2. Any use permitted in the C-1 or C-2 Districts, other
than a delayed deposit service use, that is compatibly
designed and deemed an appropriate commercial use to
the surrounding development.
That paragraph 3 of Subsection B, Uses Permitted, of
Section 10-17-1, General Regulations, of Chapter 17, "B -P"
Business Park District, is hereby repealed in its entirety; and
a new paragraph 3 of said Subsection B is hereby enacted in lieu
thereof as follows:
a
V.
Ordinance No. 5210
Page 5
3. Any use permitted in the C-2, C-3 or M-1 Districts that
is compatibly designed, but not including residential
development or delayed deposit service uses, and deemed
an appropriate industrial use to the surrounding
development. This includes hotel/motel commercial
buildings but not residential including, but not
limited to, single or multi -family, apartments, etc.
That paragraph 1 of Subsection A, Principal Permitted Uses,
of Section 10-18-1, Regulations, of Chapter 18, "C-3" Central
Business District, is hereby repealed in its entirety; and a new
paragraph 1 of said Subsection A is hereby enacted in lieu
thereof as follows:
1. Any use permitted in the "C-2" District, other than
delayed deposit service uses.
That Subsection A, Principal Permitted Uses, of Section 10-
19-1, Regulations, of Chapter 19, "M-1" Light Industrial
District, is hereby amended to add a new paragraph 34 as
follows:
34. Delayed deposit service uses.
INTRODUCED:
April
14,
2014
PASSED 1ST CONSIDERATION:
April
14,
2014
PASSED 2ND CONSIDERATION:
April
21,
2014
PASSED 3RD CONSIDERATION:
April
28,
2014
PASSED AND ADOPTED this 28th day of April, 2014.
ATTEST:
S
Suzychares, CMC
City lerk
rnest G. Clark, Mayor
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. 5210 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 28th day of April, 2014.
Witness my hand and seal of office this 28th day of April,
2014.
SEAL Suzy Sc ares, CMC
City Clerk