HomeMy WebLinkAbout03/24/2014 Council Work Session
March 24, 2014
Waterloo Center for the Arts, Law Court Theater
Roll Call.
Approval of Agenda, as proposed or amended.
4:30 p.m. Ordinance amending the City of Waterloo Zoning Ordinance No.
5079 by adding additional restrictions for "payday" loan businesses
(delayed deposit service use) and pawnshop businesses-Submitted by
Aric Schroeder, City Planner.
ADJOURNMENT
Suzy Schares, CMC
City Clerk/Human Resource Director
1 ��� CITY OF WATERLOO , IOWA
*~.-���i
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
drer100 NOEL C.ANDERSON,Community Planning&Development Director
Council Communication
City Council Meeting: March 17 2 4
Mayor
rep P ared: March 11, 2014
BUCK
CLARK Dept. Head Signature:
# of Attachments:
COUNCIL
MEMBERS SUBJECT: Resolution setting a date of hearing as April 14, 2014 to amend the
City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for
DAVID "payday" loan businesses (delayed deposit service use) and pawnshop businesses.
JONES
Ward I Submitted by: Aric Schroeder, City Planner
CAROLYN Recommended City Council Action: Approval.
COLE
Ward 2 Summary Statement: Staff is proposing an amendment to the Zoning Ordinance that
PAT will add additional restrictions for"payday"loan businesses(referred to as a"delayed
MORRISSEY deposit service use") and pawnshop businesses, restricting where new such uses can
Ward 3 locate. Existing uses not meeting the requirements would become a legal non-
QUENTIN conforming use (grandfathered),but would be subject to loss of non-conforming status
HARTif the use is abandoned or discontinued for more than three months. Attached is a
Ward 4 memorandum that includes a summary of the proposed amendment, as well as a copy
of the pages of the Zoning Ordinance where changes are proposed.
RON
WELPER At the March 4,2014 Planning, Programming and Zoning Commission meeting,
Wards the Commission unanimously recommended approval of the amendment. Multiple
TOM representatives of neighborhood organizations and a community action
LIND organization spoke in support of the proposed amendment, noting the negative
At-Large effects that such uses can have, particularly in existing distressed neighborhoods.
STEVE Therefore, we request the City Council set a date of public hearing on the Zoning
SCHMITT
At-Large Ordinance amendment request as April 7, 2014, and publish an official notice
pertinent to the requested amendment. If you have any questions, please do not
hesitate to contact our office.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Land Use/Zoning
Alternative: N/A
Legal Description: N/A
cc: Noel Anderson, Community Planning&Development Director --file--
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
CITY OF WATERLOO , 1OWA
7COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
AO NOEL C.ANDERSON,Community Planning&Development Director
Mayor MEMORANDUM
BUCK
CLARK
To: Mayor and City Council
COUNCIL
MEMBERS From: Aric A. Schroeder, City Planner
Date: 03/11/14
DAVID
JONES RE: Proposed ZoningOrdinance Amendment: Changes for Pa Payday Loan
Ward 1 py Y (Delayed
Deposit Service) and Pawnshop Businesses
CAROLYN
CO
Wad 2 At their regular meeting on 3/4/14 the Planning and Zoning Commission unanimously
recommended approval of the attached proposed Zoning Ordinance Amendment. The
PAT amendment to the Zoning Ordinance would provide additional restrictions for"payday"
MORRISSEY loan businesses (which are referred to as a"delayed deposit service use") and pawnshop
Ward 3
businesses,restricting where new such uses can locate. Existing uses not meeting the
QUENTIN requirements would become a legal non-conforming use(grandfathered),but would be
HART subject to loss of non-conforming status if the use is abandoned on discontinued for more
Ward 4 than three months. Multiple representatives of neighborhood organizations and a
RON community action organization spoke in support of the proposed amendment,noting the
WELPER negative effects that the uses can have,particularly in existing distressed neighborhoods,
Ward 5 including decreases in property value,increased crime, and continued dilapidation of
TOM surrounding neighborhoods. The supporters referenced studies that suggest the
LIND correlation of these facilities with such negative effects, specifically siting the study
At-Large "Does fringe banking exacerbate neighborhood crime rates? Investigating the social
ecology of payday lending"prepared by Charis E. Kubrin and Gregory D. Squires of
STEVE George Washington University, Steven M. Graves of California State University,
SCHMITT
At-Large Northridge, and Graham C. Ousey of College of William and Mary published in the
Criminology&Public Policy Volume 10 Issue 2. A copy of the study is available in the
Planning Department.
The proposed changes include:
- Adding a definition of delayed deposit service use and adding a definition of
pawnbroker use
- Removing the definition of"protected uses"from the current definition of"adult
businesses/adult uses"and"alcohol sales uses", and creating a new stand-alone
definition of"protected uses"
- Change the wording in the section on non-conforming uses to add delayed deposit
service use and pawnbroker use to the list of uses that loose non-conforming
status after discontinuation or abandonment for three consecutive months. All
other uses remain at twelve consecutive months.
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
- Delayed deposit service uses and pawnbroker uses would be specifically excluded as
a principal permitted use in the "C-1"Neighborhood Commercial District
- Delayed deposit service uses would be added as a principal permitted use in the"C-
2"Commercial District,provided that they are licensed by the State of Iowa, shall
not provide delayed deposit services via a drive-through or walk-up window or any
similar drive-up or drive-in system, and shall not be located within 600 feet from any
of the following: protected uses,pawnbroker uses, other delayed deposit service
uses, adult uses,non-limited alcohol sales uses, or residentially zoned areas.
- Pawnbroker uses would be added as a principal permitted use in the"C-2"
Commercial District,provided that they are licensed as a pawnbroker under Title 3
of the code of ordinances, shall not take, sell,offer, receive or provide pawnbroker
goods or services via a drive-through or walk-up window or any similar drive-up or
drive in system, and shall not be located within 600 feet from any of the following:
protected uses, other pawnbroker uses, delayed deposit service uses,adult uses,non-
limited alcohol sales uses,or residentially zoned areas.
- The wording requiring a setback for adult uses from"residentially zoned property"
would be deleted because such wording it being added and covered under the
definition of"Protected Uses".
- Delayed deposit service uses and pawnbroker uses would be prohibited in the"S-1"
Shopping Center Commercial District,the"C-P"Planned Commercial District, "B-
P"Business Park District, and"C-3"Central Business District.
Please let me know if you have any questions on the proposed amendment.
staff Council memo 03-11-14 Proposed Zoning Ordinance Amendment Changes for Payday Loan and Pawnshop Businesses.doc
"PAYDAY" LOAN AND PAWNSHOP REGULATION—changes to zoning ordinance
10-3-1 DEFINITIONS:
Add in its alphabetical order: 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.
From"Adult Businesses/Adult Uses,"remove the definition of"protected uses" from paragraph
10 and substitute "Protected uses as herein defined."
From"Alcohol Sales Uses,"remove"alcohol-protected uses"from paragraph 1 and substitute
"Protected uses as herein defined."
Add in its alphabetical order: 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.
Add in its alphabetical order: 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.
10-5-1 GENERAL REGULATIONS:
In subsection (B)(5), strike subparagraphs (e) and(f) and substitute the following:
e. Except for a non-conforming use that is an alcohol sales use, delayed deposit service
use, or pawnbroker 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, delayed deposit service uses, and pawnbroker 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.
10-14-1 REGULATIONS:
In subsection A, add the following new paragraph 6:
6. Specifically excluded as principal permitted uses under this subsection are delayed
deposit service uses and pawnbroker uses.
10-15-1 REGULATIONS:
In subsection(A)(2), strike subparagraph(b)and renumber current subparagraph(c)to (b).
In subsection A, renumber current paragraph 27 to 29, and add the following new paragraphs 27
and 28:
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, provided that such uses meet the following requirements:
a. The use is licensed as a pawnbroker under Title 3 of the code of ordinances.
b. No pawnbroker 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
pawnbroker use is located to the closest point of the property line of such other use or
area: protected uses, other pawnbroker uses, delayed deposit service uses, adult uses,
or non-limited alcohol sales uses.
c. No pawnbroker use shall take, sell, offer, receive or provide pawnbroker goods or
services via a drive-through or walk-up window or any similar drive-up or drive-in
system.
10-16-1 REGULATIONS:
In subsection B, strike paragraph 2 and substitute the following:
2. Any use permitted in the C-1 or C-2 Districts, other than delayed deposit service uses and
pawnbroker uses, that is compatibly designed and deemed an appropriate commercial use
to the surrounding development.
10-17-1 REGULATIONS:
In subsection B, strike paragraph 3 and substitute the following:
3. Any use permitted in the C-2, C-3 or M-1 Districts that is compatibly designed, but not
including residential development, delayed deposit service uses, or pawnbroker 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.
10-18-1 REGULATIONS:
In subsection A, strike paragraph 1 and substitute the following:
1. Any use permitted in the "C-2"District, other than delayed deposit service uses and
pawnbroker uses.
10-19-1 REGULATIONS:
In subsection A, add the following new paragraph 34:
34. Delayed deposit services uses and pawnbroker uses.
Amendment
to the City
of Waterloo
Zoning Ordinance
Ordinance No. 5079
Changes to the Zoning Ordinance regulations for "Payday" Loan (De-
layed Deposit Service) and Pawnshop, including changes to 10-3-1
Definitions, 10-5-1 General Regulations, 10-14-1 Regulations ("C-1"
District), 10-15-1 Regulations ("C-2" District), 10-16-1 Regulations ( "C-
P" District), 10-17-1 Regulations ("B-P" District), 10-18-1 Regulations
("C-3" District), and 10-19-1 Regulations ("M-1" District).
Planning and Zoning Commission Hearing: March 4, 2014
City Council Approval:
CHAPTER 3
DEFINTPIONS 10-3-1 DEFINITIONS.
6. Adult mini-motion picture theater. A nesses, private clubs/establishments
building or portion of a building with or places open to some or all members
a capacity for less than 50 persons of the public,at or in which there is an
used for presenting material if such emphasis on the presentation, display,
building or portion of a building as a depiction or description of "specified
prevailing practice excludes minors by sexual activities" or "specified ana-
virtue of age, or if such material is dis- tomical areas" which are capable of
tinguished or characterized by an em- being seen by members of the public.
phasis on the depiction or description No adult use shall display, describe or
of "specified sexual activities" or make visible from the exterior of the
"specified anatomical areas" for ob- premises any product, medium of
servation by patrons therein. communication, or activity that de-
7. Adult motion picture theater. A build- picts or describes "specified sexual ac-
ing or portion of a building with a ca- tivities" or "specified anatomical are-
pacity of 50 or more persons used for as."
presenting material if such building or 10. Protected uses. Protected uses as here-
portion of a building as a prevailing in defined. include a building in
practice excludes minors by virtue of which a majority of floor space is used
age, or if such material is distin- for residential purposes; a day care
guished or characterized by an em- center where such day care center is a
phasis on the depiction or description principal use; a house of worship; a
of "specified sexual activities" or public library; an elementary, junior
"specified anatomical areas" for ob- high or high school (public, parochial
servation by patrons therein. or private); public park; public recrea
8. Adult steam room/bathhouse facility. lion center or public specialized recre
A building or portion of a building ation facility as identified in the parks
used for providing a steam bath or and recreation clement of the Water
heat bathing room used for the pur- loo Comprehensive Plan; a civic/con
pose of pleasure, bathing, relaxation, tial facility; a mission. However, this
reducing, utilizing steam or hot air as
a cleaning, relaxing or reducing agent definition shall not apply if the pro
if such building or portion of a build- tccted use is a legal non conforming
ing restricts minors by reason of age use.
or if the service provided by the steam 11. "Specified anatomical areas" shall in-
room/bathhouse facility is distin- dude the following:
guished or characterized by an em- a. Less than completely and opaque-
phasis on "specified sexual activities"
or"specified anatomical areas." ly covered: (a) human genitals, (b)
pubic region; (c) buttock, and (d)
9. Adult uses. Adult uses include, but female breast below a point im-
are not limited to, adult book and vid- mediately above the top of the
eo stores, adult motion picture thea- areola;and
ters, adult mini-motion picture thea- b. Human male genitals in a discern-
ters, adult massage parlors, adult ible rigid state even if completely
steam room/bathhouse facilities,
adult rap/conversation parlors, adult and opaquely covered.
health/sport clubs, adult cabarets, 12. "Specified sexual activities" shall in-
and other premises, enterprises, busi- dude the following:
3
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
a. Human genitals in a state of sexu- defined in Section 3-2-2 of the
al stimulation or arousal; Code of Ordinances, (ii) an open-
b. Acts of human masturbation, sex air event of not more than five
ual intercourse or sodomy;or days' duration that is open to the
c. Fondlingor other erotic touchinggeneral public, (iii) golf courses
and publicly owned sports corn-
of human genitals, pubic region, plexes or facilities, (iv) non-profit
buttock or female breast. educational institutions or muse-
Alcohol Sales Uses: The following defini- ums hosting special events in
tions shall govern the interpretation of the support of the organization, or (v)
regulation of alcohol sales uses: other similar incidental alcohol
sales uses as determined by the
1. Alcohol - Protected Uses: Protected City Planner or designee. No reg-
uses as herein defined. include a ulations under this Ordinance that
building in which a majority of floor are applicable to alcohol sales uses
space is used for residential purposes; generally shall apply to an inci-
a day care center where such day care dental alcohol sales use.
center is a—principal�xse;
worship; a public library; an clemen b. Limited Alcohol Sales Use (off-
#ary, junior high or high school (pub premise consumption), which shall
lie, parochial or private); public park; include an alcohol sales use such
public recreation center or public spc as a convenience store, gas station,
cializcd recreation facility as identified grocery store, or pharmacy, gro-
in the parks and recreation clement of vided that more than sixty (60)
the Waterloo Comprehensive Plan; a percent of its gross income is de
civic/ convention center; a communi rived from, and more than seven
ty residential facility; a mission. How ty-five (75) percent of its retail
ever, this definition shall not a 1 1f floor space is devoted to, the sale
pP y of merchandise, services for on-
the protected use is a legal non
conforming use. premises enjoyment, food, and
beverages other than alcoholic
2. Alcohol Sales: The sale of alcohol and beverages, in either case not in-
alcoholic beverages, as each such term eluding the sale of tobacco prod-
is defined in Chapter 123 of the Iowa ucts, lottery tickets, or pumped
Code, including but not limited to (i) vehide fuels such as gasoline, die-
liquor, beer or wine in closed contain- sel and similar products, and pro-
ers intended for off-premise consump- vided further that not more than
tion, and (ii) liquor, cocktails, shots, twenty-five (25) percent of its
wine, beer and any part of an alcohol- gross income as so determined is
is beverage intended for on-site con- derived from the sale of alcoholic
sumption. beverages other than beer or wine.
3. Alcohol Sales Use: Any business that c. Limited Alcohol Sales Use (on-
derives income from alcohol sales. premise consumption), which shall
Alcohol sales uses shall be classified include (i) a restaurant that is an
as one of the following: alcohol sales use, provided that
• a. Incidental Alcohol Sales Use, more than fifty (50) percent of its
which shall include (i) a club or gross income shall be derived
hotel or motel as such terms are from the sale of prepared food and
4
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
Deck: A non-enclosed platform structure Dwelling: Any building or portion there-
without a solid floor system and without a of which is designed or used exclusively for
roof. Said platform will be comprised of a residential purposes but not including a tent,
permeable plank or board system for the cabin, trailer, mobile home, recreational vehi-
flooring. For decks located in the front yard, cle, or similar motor vehicle.
if a wall is built,it will be comprised of a non Dwelling Multiple: A residence designed
solid spindle or board design with openings for or occupied by three (3) or more families,
between boards to provide that no more than with separate bathroom or cooking facilities
sixty (60) percent of the wall area is enclosed. for each.
For decks not located in the front yard, if a
solid wall is built, it shall not extend more Dwelling Row: Any one of two or more
than forty-two (42) inches above the floor of attached dwellings in a continuous row, each
the deck. Structures not meeting the defini- such dwelling designed and erected as a unit
tion of a deck shall be considered an unen- on a separate lot and separated from one an-
closed porch or an addition, and shall meet other by an approved wall or walls. Such
the requirements as such. [Ordinance 4386, dwellings shall be required to maintain a
10/18/99] compatible exterior appearance of both sides
in terms of the colors and types of siding,
Delayed Deposit Service Use: Any indi- roofing landscaping and other additions such
vidual, group of individuals, partnership, as as shutters, doors, and windows. Any minor
sociation, corporation, or any other business changes shall be similar in design to the de-
unit or legal entity that, for a fee, accepts a sign of the adjoining dwelling unit. Further-
check dated subsequent to the date it was more, any type of damage or destruction to
written or accepts a check dated on the date it the dwelling unit, as a part or whole, which
was written and holds the check for a period activates an insurance policy shall be first ap-
of time prior to deposit or presentment pur-
suant to an agreement with, or any represen- plied to the replacement, repair, and mainte-
nance of the dwelling unit. All new structures
tation made to, the maker of the check, or existing converted structures shall be re-
whether express or implied. The purposes of quired to meet all applicable codes and ordi-
this chapter, "check" means a check, draft, nances regarding building, fire, water and
share draft, or other instrument for the pay utility connections, subdivision, etc. [Ordi-
ment of money Such uses are also known as nance 4618, 6/16/03] For the purposes of this
payday lenders. Ordinance such individual unit on a separate
Department of Natural Resources (DNR): lot shall not have to meet minimum bulk re-
Where found in the Ordinance pertaining to quirements, including lot area, lot width, and
flood management, this shall mean the Iowa side yard setback, however the overall row
Department of Natural Resources (IDNR), the dwelling and total area for all lots to said row
State agency that has underlying flood plain dwelling shall meet all minimum bulk re-
permit authority for the State of Iowa. [Ordi- quirements.
nance 3487, 6/15/87] [Ordinance 5049, 6/20/11)
Dwelling, Single-Family: A detached res-
Development: Any man-made change to idence designed for or occupied by one fami-
improved or unimproved real estate, includ- ly only.
ing but not limited to building or other struc-
tures, mining, dredging, filling, grading, pay- Dwelling, Two-Family: A residence de
ing,excavation,or drilling operations. signed for or occupied by two (2) families on-
ly, with separate bathroom or cooking facili-
Drive-In Establishment: See Restaurant. ties for each. All residences must meet build-
ing and zoning regulations for proper design,
8
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
management purposes only, those structures cate those portions of land known as the
or development for which the start of con- Floodway, Floodway Fringe, General Flood
struction commenced on or after July 3, 1985. Plain and Shallow Flooding which are subject
[Ordinance 3393, 6/10/85] [Ordinance 5049, to the regulations of this Ordinance. [Ordi-
6/20/11] Hance 3393, 6/10/85]
Non-Conforming Use: Any building or One Hundred (100) Year Flood: A flood,
land lawfully occupied by use as of the adop- the magnitude of which has a one (1) percent
tion of any zoning ordinance or amendment chance of being equaled or exceeded in any
thereto which does not conform after the given year or which, on the average, will be
adoption of said ordinance or amendment equaled or exceeded at least once every one
with the regulations of the district in which it hundred (100) years. [Ordinance 5049, 6/20/11]
is situated. (Improvements constructed after Overlay District: A district which acts in
the adoption of a zoning ordinance or conjunction with the underlying zoning dis-
amendment thereto which do not meet re-
trict or districts.
quired parking and loading regulations,
height regulations, area regulations and resi- Parking Lot, Off-Street: A parcel of land
dential flood area regulations for the district devoted to unenclosed parking spaces for
in which they are located are not non- more than five (5) vehicles, plus necessary
conforming uses as defined above.) The date maneuvering space for the parking of a motor
on which a lot, structure, use of land and vehicle. Space for maneuvering, incidental to
structure, or characteristics of use became or parking or unparking, shall not encroach up-
becomes non-conforming is referred to in this on any public right-of-way.
Ordinance as the"date of non-conformity." Parking Space: An area of not less than
Nursing or Convalescent Home: A build- one hundred sixty-two (162) square feet plus
ing or structure having accommodation and necessary maneuvering space for the parking
where care is provided for invalid, infirm, of a motor vehicle. Space for maneuvering,
aged, convalescent, physically disabled, or incidental to parking or unparking, shall not
injured persons, not including insane and encroach upon any public right-of-way.
other mental cases, inebriate, or contagious Pawnbroker Use: Any person, partner-
cases. ship, corporation, company or other entity
Obstruction: Any dam, wall, wharf, em- that is subject to licensure as a pawnbroker
bankment, levee, dike, pile, abutment, projec- under Title 3 of the code of ordinances.
tion, excavation, channel,rectification,bridge, Pharmacy: A retail establishment in
conduit, culvert, building, wire, fence, rock, which prescription drugs and medicines are
gravel, junk, solid waste refuse, fill or other compounded and/or sold by a licensed
analogous structure or matter in, along, pharmacist.
across or projecting into any floodway which
may impede, retard, or change the direction Planned Unit Development: A tract of
of the flow of water, either in itself or by land planned and developed as an integrated
catching or collecting debris carried by such unit under single ownership or control. Con-
water, or that is placed where the natural trol in this context may, in addition to single
flow of the water would carry the same ownership, be vested in partnerships, corpo-
downstream to the damage or detriment of rations, syndicates or trusts comprised of
either life or property. owners of separate and contiguous tracts of
land who join together in a good and suffi-
Official Flood Plain Zoning Map: The cient agreement for the purposes of develop-
maps on file with City of Waterloo that indi-
16
CHAPTER 3
DEFINITIONS 10-3-1 DEFINHIONS.
ing their respective properties according to vately owned structures and equipment
one integrated plan. when used to provide an essential commodi-
Porch, Unenclosed: A roofed projection ty or service to the public.
which has no more than sixty (60) percent of Rear Lot Line: Ordinarily that line of a lot
each outside wall area enclosed by a building which is opposite and farthest from the front
or siding material other than meshed screens. lot line. In triangular or other odd-shaped lots
If said unenclosed porch extends over a re- the rear lot lines shall be determined by the
quired front or rear setback as provided here- City Planner or designee.
in then the outside wall shall be a non-solid Recreational Vehicle: [Ordinance 4125,
wall utilizing a spindle or board design with 9/11/95]
openings between boards to provide that no
more than sixty (60) percent of the wall area A vehicle which is:
is enclosed, or a solid wall when extending 1. Built on a single chassis;
not more than forty-two (42) inches above the
floor of the porch. 2. 400 square feet or less when
measured at the largest horizontal
Principal Permitted Use: The main use of projection (this provision is for
land or structures, as distinguished from a floodplain management purposes
secondary or accessory use, or Special Permit only); [Ordinance 5049, 6/20/11]
use.
3. Designed to be self-propelled or
Protected Uses: Protected uses include a permanently towable by a light
building in which a majority of floor space is duty truck; and
used for residential purposes; a property lo-
cated within a residentially zoned district; a 4. Designed primarily not for use as
day care center where such day care center is a permanent dwelling but as tern-
a principal use; a preschool; an elementary, porary living quarters for recrea-
middle or high school (public, private or pa- tional, camping, travel or seasonal
rochial); a house of worship; a mission; a pub- use.
lic library; a museum or cultural arts center or Recycling Junk or Salvage Yard: Any
facility; a public park; a publicly owned or place where materials that would otherwise
operated recreation center or athletic facility; be considered waste, are collected, separated,
a privately operated recreational use; a civ- or processed to be used as raw materials. Ma-
ic/convention center; a community residen- terials would include, but not be limited to:
tial facility; a hospital; a dental, medical or scrap iron or other metals, motor vehicles not
mental health facility; a building or office op- in running condition and not being actively
erated by any governmental entity. However, restored to running condition, parts of vehi-
this definition shall not apply if the protected des, plastic bottles or containers, rags, paper
use is a legal non-conforming use. Whether a cardboard, glass and tires. [Ordinance 3864,
given use is a protected use as defined herein 6/3/92] This would also include any area
shall be determined by the city planner in his where waste, discarded, or salvaged materi-
reasonable discretion. als are bought, sold, exchanged, baled or
Public Utility: Public or quasi-public dis- packed, disassembled, kept, stored or han-
tributing or operating equipment for related died, including house wrecking yards, used
services for telephone, cable television, elec- lumber yards and places or yards for storage
tricky, gas, sewer and water, and other essen- of salvaged house wrecking and structural
tial commodities or services such as transpor- steel materials and equipment, but not in-
tation or communication. This includes pri- cluding areas where such uses are conducted
17
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
which a non-conforming use is alcohol sales usea specially li-
superseded by a permitted use, censed use, (ii) a business that
shall thereafter conform to the holds a license or permit to oper-
regulations for the district,and the ate as an alcohol sales use a spe-
non-conforming use may not cially licensed use but fails to con-
thereafter be resumed; tinuously and actively operate as
e. Except for a non-conforming use such, and (iii) a business that con-
that is an alcohol sales use, de- times operating as a non alcohol
layed deposit service use, or tales use non-specially licensed
pawnbroker use, when a non- use after its license or permit to
conforming use of a structure or sell dispense, alcoholic Bever
structure and premises in combi or provide goods or services
nation is discontinued or aban- of a type requiring special licen-
doned for twelve (12) consecutive sure for any cause, lapses, is sus
months or for eighteen (18) pended or revoked, or otherwise
months during any three (3) year fails to be or remain in effect.
period (except when government g. Where non-conforming use status
action impedes access to the prem- applies to a structure and premis-
ises), the structure or structure es in combination, removal or de-
and premises in combination shall struction of the structure shall
not thereafter be used except in eliminate the non-conforming sta-
conformity with the regulations of tus of the land. Destruction for the
the district in which it is located. purpose of this subsection is de-
f. As to alcohol sales uses, delayed fined as damage to an extent of
deposit service uses, and pawn- more than fifty (50) percent of the
broker uses (each a "specially li- fair market value at the time of de-
censed use")only,when the use of struction. [Ordinance 3393, 6/10/85]
a structure or structure and prem- h. Structural Alterations and Enlarge-
ises in combination is non- ments. As to any building in any
conforming because it is an alco district devoted to a use made
hol sales usea specially licensed non-conforming, after the date of
use, either solely for that reason or non-conformity the building may
in combination with other reasons, not be structurally altered or en-
and when the alcohol sales use larged unless such alteration or
specially licensed use is discontin- enlargement is approved by Vari-
ued or abandoned for three (3) ante as provided herein and is in
consecutive months (except when conformity with the lot area, the
government action impedes access lot frontage, yard, and height re-
to the premises), the structure or quirements of the District in which
structure and premises in combi- situated. Such structural alteration
nation shall not thereafter be used and enlargement shall be subject
as an alcohol sales use a specially to the review and approval of the
licensed use except in conformity Board of Adjustment. In permit-
with the regulations of the district ting such change, the Board of Ad-
in which it is located. This para- justment may require appropriate
graph shall apply equally to (i) the conditions and safeguards in ac-
cessation of a business that is aft cord with the provisions of this
28
CHAPTER 14
"C-I"NEIGHBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS.
Planner or designee to be infeasi- determines that the proposed use is
ble. [Ordinance 4976, 11/23/09] not similar in nature, it shall be con-
e. Except as set forth below, no es-
by a proposed use not covered
tablishment that is a limited alco- by title,as regulated in 10 5 1(R).
hol sales use (off-premise con- 6. Specifically excluded as principal
sumption) shall exhibit on the ex- permitted uses under this subsection
terior of the premises any image are delayed deposit service uses and
or verbiage that makes use of the pawnbroker uses.
words "alcohol," "beer," "wine,"
B. Accessory Uses:
"liquor," or any variant or syno-
nym of any such word, or any 1. The following accessory uses are per-
type of such beverage, or that in- initted in a"C-1" District.
dicates or suggests that such bev- a. Accessory uses permitted in the
erages may be purchased in or "R-4" District
upon the premises, except that
b. Storage of merchandise incidental
banner, portable and temporary
to the principal use may be stored
signs shall be allowed if conform
in the principal building on the lot
ing to the requirements of Section
10-26-1(C) and if not in violation in question,but not to exceed forty
of Iowa Code § 123.51. Notwith- (40) percent of the floor area for
standing anything in Section 10-5- said principal building.
1(B) to the contrary, any existing C.Height Regulations.
business that does not conform to No building shall exceed three (3) stories
the foregoing requirements shall or forty-five (45) feet in height at the required
conform no later than March 31, front, side and rear yard lines, except two (2)
2013. Standards for banner, port- feet may be added to the height permitted at
able, and temporary signs shall be said yard lines for each one (1) foot that the
effective immediately. The limita building or portion thereof is set back from
lions of this paragraph shall not the required yard lines and except as further
apply to a grocery store in which provided in Section 10-27-1. [Ordinance 4709,
the retail floor space in the build- 8/9/04]
ing equals or exceeds 10,000
square feet,or to a pharmacy. 10-14-2 BULK REGULATIONS.
5. Business or professional office and [Ordinance 3192, 2/22/82]
similar uses not induded in the above [Ordinance 4592, 1/6/03]
list supplying commodities or per The following minimum requirements
forming services primarily for resi- shall be observed subject to the modified re-
dents of the neighborhood subject to quirements contained in Section 10-27-1:
the administrative review and ap-
proval of the Planning staff. If staff
"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 0) (2)(3) COVERAGE
FAMILY
Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT
Uses
59
CHAPTER 15
"C-2"COMMERCIAL DISTRICT
USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM
LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT
WIDTH PER YARD(I) (2)O COVERAGE
FAMILY
Other Permit- No Minimum No Mini- No Mini- 20 ft.(4) Same as"R-4" 35 ft No Maximum
ted Uses mum mum District
(1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.[Ordinance 3908,12/21/92]
(2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In
these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This
provision applies to lots abutting the side yards that are not developed as a reverse frontage lot.
(3) For every additional foot the front yard depth is increased over the required setback,the rear yard depth may be decreased in
direct proportion thereto,but in no rasp shall the rear yard be less than ten(10)feet.
(4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right-
of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of
the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac-
ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street
frontage as a side yard setback.
CHAPTER 15 on the property and when the display area
does not exceed an area equal to the area
"C-2" COMMERCIAL occupied by the building(s) on a property.
DISTRICT
A. Principal Permitted Uses:
[Ordinance 3192, 2/22/82] 1. Any use permitted in the "C-1"
Commercial District, except that lim-
10-15-1 REGULATIONS. ited alcohol sales uses shall conform
The regulations set forth in this Chapter to the terms set forth for such uses in
and contained in Chapter 5 shall apply in the"C-1" District.
the "C-2" Commercial District. The "C-2" 2. Adult uses as defined in the defini-
District is intended to provide for areas of tions Section, upon approval of a
the community which are developed or will Special Permit by the Board of Ad-
be soon as moderate intensity commercial justment after review by the Com-
area. These areas are often associated with mission and provided that such uses
the major traffic arteries and highways lo- meet the following separation re-
cated within the community. Any outside quirements:
storage of materials or equipment shall be a. At least 600 feet from anyother
limited and clearly incidental and accessory
to the Principal Permitted Use, and shall not adult use measured in a straight
include the outside storage of junk or sal- line from the closest points of the
vage material or similar debris. Outside property lines in which the adult
storage of materials or equipment shall not uses are located.
be permitted in a front yard. This provision b. At least 600 feet from any resi
shall not restrict the outside storage of dentially zoned property meas
nursery, landscaping and garden material, ured in a straight line from the
and licensed and operable vehicles, or unli- closest point of the property line
censed operable vehicles for sale, that are in which the adult use is located
accessory and clearly incidental to the Prin- to the closest residentially zoned
cipal Permitted Use. This provision shall property line.
not restrict other outside display areas e b.At least 600 feet from any pro-
when such display areas display items that tected use as defined herein
can be legally sold by a commercial business
60
CHAPTER 15
"C-2"COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS.
such use that meets the definition of point of the property line in
an Alcohol Sales Use shall meet the which a pawnbroker use is locat-
requirements for a limited alcohol ed to the closest point of the
sales use (on-premise consumption). property line of such other use or
27. Delayed deposit service uses, pro- area: protected uses, other
vided that such uses meet the fol- pawnbroker uses, delayed de
lowing requirements: posit service uses, adult uses, or
non-limited alcohol sales uses.
a. The use is licensed as a delayed
deposit services business by the c. No pawnbroker use shall take,
State of Iowa. sell, offer, receive or provide
pawnbroker goods or services
b. No delayed deposit service use via a drive-through or walk-up
shall be located within 600 feet window or any similar drive-up
from any of the following, as or drive-in system.
measured in a straight line from
the closest point of the property 279. Other similar service and retail
line in which a delayed deposit businesses not included in the above
service use is located to the clos list subject to the administrative re-
est point of the property line of view and approval of the Planning
staff. If staff determines that the
such other use or area: protected
uses,pawnbroker uses, other de-
layed deposit service uses, adult ture, it shall be considered a Aro-
uses, or non-limited alcohol sales posed use not covered by title, as
regulated in 10-5-1(R).
uses.
c. No delayed deposit service use B. Accessory Uses:
shall offer or provide delayed 1. Accessory uses permitted in the
deposit services via a drive- "C-1" District.
through or walk-up window or
2. Accessory uses and structures cus-
any similar drive-up or drive-in
system. tomarily incidental to any permitted
principal uses.
28. Pawnbroker uses, provided that
such uses meet the following re- 10-15-2 BULK REGULATIONS.
quirements: [Ordinance 3050, 10/1/79]
a. The use is licensed as a pawn- [Ordinance 3192, 2/22/82]
broker under Title 3 of the code [Ordinance 4592, 1/6/03]
of ordinances.
The following minimum requirements
b. No pawnbroker use shall be lo- shall be observed, subject to the modified
cated within 600 feet from any of requirements contained in Section 10-27-1:
the following, as measured in a
straight line from the closest
63
. CHAPTER 16
"C-P"PLANNED COMMERCIAL DISTRICT 10-16-1 GENERAL REGULATIONS.
not be deemed all inclusive and specific uses C. Procedure.
may require other elements for consideration. Whenever any application for a "C-P"
Furthermore, the failure to produce an aes- Planned Commercial District as an amend-
thetically compatible site design and layout ment to the Zoning Ordinance is submitted
may result in a specific lot location within the for a particular development, the following
district for such uses, to screen the site ap- procedure shall be ufili7ed to facilitate said
pearance from the traveled way or residen- amendment:
tial,or denial in the use.
1. The owner or owners of any tract of
B. Uses Permitted. land comprising an area of not less
1. Any uses permitted in the R-4 District. than two (2) acres may submit a peti-
t. Any use permitted in the C 1 or tion requesting to change to the "C-P"
C-2 Districts, other than delayed de- Planned Commercial District Classifi-
cation, except that there shall not be a
posit service uses and pawnbroker
uses, that is compatibly designed and
minimum area for property within the
deemed an appropriate commercial consolidated urban revitalisation or
use to the surrounding development. enterprise zone area. [Ordinance 4801,
03/13/06]
3. Gaming facilities. The Commission 2. Three (3) copies of the proposed de
and City Council shall evaluate the
site layout, traffic, and other ordi velopment plan, with planned uses,
nance and code provisions. The im- shall be submitted and referred to the
pact upon existing infrastructure and Commission for review and report.
development as well as the overall The Commission shall then review the
growth and development of the com- proposed development for conformity
munity will also be reviewed. [Ordi with the standards of the Comprehen-
nance 4735, 10/18/04] sive Plan and with recognized princi-
pals of civic design, land use planning
Compatibly designed commercial uses and landscape architecture.
shall include, but not be limited to, screening
and buffering from residential uses, shall be 3. After notice and a public hearing, the
oriented for and designed for efficient traffic Commission may recommend ap-
flow to major thoroughfares, shall have lim-
ited outside storage of materials,and lighting, opment plan and zoning petition as
signage, and shall have building design that submitted or require that the petition-
complement surrounding development. Each er amend the plan to preserve the in-
site would be evaluated on an individual ba-
sis for these criteria of compatibility. If staff promote public health, safety and
determines that such a commercial use is
general welfare.
compatibly designed, it shall approve the re- 4. The development plan and zoning pe-
quest through staff administrative review. If tition as recommended by the Com-
staff determines that such a change does not mission shall then be reported to the
meet these criteria, the request would need to City Council, whereupon the City
go back to the Commission and City Council Council, after notice and a public
for a formal site plan review process. The hearing, may approve or disapprove
Commission and City Council shall review said plan and zoning petition as re-
the request as described in the Intent of this ported or may require such changes
Section. thereto as it deems necessary to
65
CHAPTER 17
"B-P BUSINESS PARK DISTRICT 10-17-1 GENERAL REGULATIONS.
screened, or nonexistent. This shall not be
CHAPTER 17 deemed all inclusive and specific uses may
"B-P" BUSINESS PARK require other elements for consideration. Fur-
DISTRICT thermore, the failure to produce an aestheti-
cally compatible site design and layout may
[Ordinance 4636, 8/11/03] result in a specific lot location within the park
for such a use, to screen the site appearance
10-17-1 GENERAL REGULATIONS. from the traveled way, or denial in the use.
A. Intent. B. Uses Permitted.
The "B-P" Business Park District is intend- 1. Any uses permitted in the R-4 District
ed and designed to provide a means for the excluding residential uses.
commercial and compatible light industrial
development of tracts of land on a unit basis, 2. Any use permitted in the C-1 District,
allowing greater flexibility and diversification except residential.
of land uses and building locations than the 3. Any use permitted in the C-2, C-3 or
conventional single lot method. It is the in- M-1 Districts that is compatibly de-
tent of this Section that the basic principles of signed, but not including residential
good land use planning be maintained and development, delayed deposit service
that sound zoning standards as set forth in uses, or pawnbroker uses, and
this Ordinance concerning orderly growth deemed an appropriate industrial use
and development, traffic patterns, and corn- to the surrounding development. This
patible design and use be preserved. includes hotel/motel commercial
The Business Park designation shall work buildings but not residential includ-
to allow an aesthetically pleasing professional ing, but not limited to, single or multi-
office, commercial, and compatible industrial family,apartments,etc.
park setting. The area designated for Busi- Compatibly designed commercial and
ness Park locations on the Future Land Use industrial uses shall include, but not be
Map, contained within the Comprehensive limited to, screening and buffering from
Plan, direct such developments along major residential uses, shall be oriented for and
entryways into the community to allow for designed for efficient traffic flow to major
proper design of traffic movements, as well as thoroughfares, shall have limited outside
promote such land for development. The storage of materials, and lighting, signage,
compatibly designed heavy commercial and and shall have building designs that corn-
light industrial uses allowed in the C-2, C-3 or pliment surrounding development. Each
M-1 Districts may be specifically and selec- site shall be evaluated on an individual
lively authorized by the City Council upon basis for these criteria of compatibility. If
recommendation of the Commission, except staff determines that such an industrial
that no such uses will be allowed which ap- use is compatibly designed, it shall ap-
pear detrimental to the intent of this district. prove the request through staff adminis-
Uses will be compatibly designed to blend in trative review. If staff determines that
with the built or planned environment and such a change does not meet these criteria,
shall incorporate the following elements into the request would need to go back to the
their design: building facade, landscaping, Commission and City Council for a formal
signage, screening, and site orientation and site plan review process. The Commission
layout. Special attention will be paid to out- and City Council shall review the request
side storage and whether it is limited, as described in the intent of this Section.
70
10-18-1 REGULATIONS.
"B-P" BUSINESS PARK DISTRICT
USE LOT AREA LOT WIDTH FRONT LEAST WIDTH ON REAR YARD MAXIMUM HEIGHT&
YARD ANY ONE SIDE DEPTHS LOT COVERAGE
DEPTHS
Professional No mini- No Minimum 25'(1) 5'except where outside 25'(3) No maximum,subject to
Office Uses _ mum storage would be a pos- site plan approval
Commercial/ sibility,in which a 25'
Service Uses setback(2)
Light Industri-
al Uses
(1) The front yard depth may be modified to meet the front yard depth of existing structures abutting the property. Said front yard
depth shall be measured from the property line of said lot.
(2) The Business Park District,similar to a Planned Residence District,may incorporate zero lot line development,subject to site plan
approval,including where buildings would be connected to consider separate parcels as one development site.
(3) For every additional foot the front yard depth is increased over the minimum setback,the rear yard depth may be decreased in
direct proportion thereto,but in the rear yard depth shall not be less than ten(10)feet,unless abutting a railroad spur in which
case the setback may be reduced to a zero lot line setback.
CHAPTER 18 to the Principal Permitted Use, and shall not
restrict outside display areas when such dis-
"C-3" CENTRAL BUSINESS play areas display items that can be legally
DISTRICT sold by a commercial business on the proper-
ty and when the display area does not exceed
[Ordinance 3192, 2/22/82] an area equal to the area occupied by the
building(s) on a property.
10-18-1 REGULATIONS.
The regulations set forth in this Chapter, A. Principal Permitted Uses:
and contained in Chapter 5 shall apply in the 1. Any use permitted in the "C-2" Dis-
"C-3" Central Business District. The "C-3" trict, other than delayed deposit ser-
Central Business District is designed and in- vice uses and pawnbroker uses.
tended to accommodate the variety of retail 2. Alcohol Sales Uses, provided that no
stores, services and related activities which alcohol sales use shall sell or dispense
often occupy the area within the Central alcoholic beverages via a drive
Business District. "C-3" zoning only shall through or walk-up window or any
apply to the existing Central Business District similar drive up or drive-in system.
or areas contiguous to the Central Business Notwithstanding anything in Section
District. Any outside storage of materials, 10-5-1(B) to the contrary, any limited
equipment or product shall be limited and alcohol sales use that made use of
clearly incidental and accessory to the Princi- such a window or system before
pal Permitted Use, and shall not include the adoption of Ordinance 4976 on
outside storage of junk or salvage material or 11/23/2009 shall cease and desist
similar debris. Outside storage of materials or from use of such a window or system,
equipment shall not be permitted in a front and shall comply with the require-
yard. This provision shall not restrict the ments of this paragraph, no later than
outside storage of licensed and operable ve- December 31, 2012. [Ordinance 4976,
hides, or unlicensed operable vehicles for 11/23/09]
sale, that are accessory and clearly incidental
75
CHAPTER 19
"M-1"LIGHT INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS. •
cated not less than two hundred (200) lion, not DOT operational and not be-
feet from any"R" District. ing actively restored to running condi-
16. Laboratories- experimental, film or lion as well as machinery, salvage, or
testing. used parts shall be located in an en-
closed building.
17. Stable, public or private, riding acad 29. Wholesale Lumber Yards or Building
emy or club.
Material Sales Yards or Manufactur-
18. Machine shop. ing Facilities.
19. Manufacture of musical instruments 30. Storage Warehouse or Business in-
and novelties. cluding mini-storage or storage rental.
20. Manufacture or assembly of electrical 31. Wholesale Warehouse or Business
appliances,instruments and devices. 32. Recycling, Junk or Salvage Yards up-
21. Manufacture of pottery or other simi- on approval of a Special Permit by the
lar ceramic products, using only pre- Board of Adjustment after recom-
viously pulverized clay and kilns. mendation of the Commission and in
22. Manufacture and repair of electric compliance with the requirements of
signs, advertising structures, sheet 10-27-1(H)(8). Any new yard estab
metal products, including heating and fished after the effective date of adop-
metal equipment. lion of this Ordinance shall have a
minimum fenced yard area of five (5)
23. Milk distributing station other than a acres. This provision shall not restrict
retail business conducted on the the expansion of an existing yard that
premises. is less than five(5) acres.
24. Mini-storage development. [Ordinance 33. Sales Auction including automotive,
4683, 4/12/04] farm implement, livestock, furni-
25. Sawmill, planing mill, including man- tare/appliances,and similar uses.
ufacture of wood products not involv- 34. Delayed deposit services uses and
ing chemical treatment. pawnbroker uses.
26. The manufacturing, compounding, B. Accessory Uses:
processing, packaging or treatment of
cosmetics, pharmaceutical, and food 1. Any accessory uses permitted in the
products except fish and meat prod- "C-3" Commercial District.
ucts, cereals, sauerkraut, vinegar, 2. Any accessory uses customarily acces-
yeast, stock feed, flour, and the ren- sory and incidental to a permitted
dering or refining of fats and oils. principal use.
27. The manufacture, compounding, as-
sembling or treatment of articles or 10-19-2 REQUIRED CONDITIONS.
merchandise from previously pre- No use shall be permitted to be estab-
pared materials such as bone, cloth, fished or maintained which by reason of its
cork, fiber, leather, paper, plastics, nature or manner of operation is or may be-
metals or stones, tobacco, wax, yams come hazardous, noxious or offensive owing
and wood. to the emission of odor, dust, smoke, cinders,
28. Automobile Body or Fender Repair gas, fumes, noise, vibrations, refuse matter or
Shop. Vehicles not in running condi- water-carried waste.
78