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HomeMy WebLinkAbout3614-01.09.1989 ORDINANCE NO. 3614 AN ORDINANCE AMENDING THE WATERLOO ZONING ORDINANCE BY REPEALING SUBSECTION H, SPECIAL PERMIT REQUIRED, OF SECTION 2A-48 , EXCEPTIONS AND MODIFICATIONS, OF PART XXII ; AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION H, SPECIAL PERMIT REQUIRED, TO SECTION 2A-48 , EXCEPTIONS AND MODIFICATIONS, OF PART XXII . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications, Part XXII , of the Waterloo Zoning Ordinance, is hereby repealed in its entirety; that new Subsection H, Special Permit Required, of Section 2A-48 , Exceptions and Modifications, Part XXII , of the Waterloo Zoning Ordinance, is hereby enacted in lieu thereof as follows : H. Special Permit Required. A special permit for the location of any of the following buildings or uses in any district permitted by this ordinance must be obtained from the Board of Adjustment after public hearing thereon: 1 . Any public building erected and used by any department of the city, township, county, state or federal government. 2 . Public and parochial schools. 3 . Hospitals, non-profit fraternal institutions provided they are used solely for fraternal purposes, and institutions of any education, religious, philanthropic or eleemosynary character, provided that the building shall be set back from all yard lines a distance of not less than two ( 2) feet for each foot of building height. 4. Community building or recreation field. 5 . Public cemetery. (Minimum thirty ( 30 ) acres. ) 6. Junk, iron or rags, storage or baling, where the premises upon which such activities are conducted are wholly enclosed within a building, wall or fence, not less than eight ( 8 ) feet in height, completely obscuring the activity, including automobile, tractor or machinery wrecking or used parts yards. All junk and auto salvage yards as described above shall only be allowed in the following zoning classifications: "M-1" Light Industrial District, "M-2" Heavy Industrial District, "M-2 ,P" Planned Industrial District, and "U-i" Unclassified District. 7. Waste Disposal Site. Any such request shall include the submittal of a site plan. The Plan and Program Commission may require any specific criteria to protect the health, safety and welfare of the citizens of Waterloo and vicinity, including, but not limited to the following items: Detailed site plan delineating slope, access, fencing, provisions for erosion (wind and water) , leaching, landscaping, setbacks and other required provisions. Performance Bond to secure the rehabilitation of the site in accordance with the approved plan. Statement as to what type of wastes will be contained in the site. Review by the Iowa Department of Natural Resources, advising the City of the potential hazards and necessary safeguards. 8. Mobile Home Parks. � r;, Ordinance No. 3614 Page 2 9. Rubble Disposal Site or Rubble Fill Site. A duplicate of the application submitted to the Black Hawk County Health Department shall be submitted to the Planning, Programming and Zoning Commission. The application shall contain the signature of landowner, legal description of property, a plot plan showing area to be filled with existing and proposed final elevations. The application shall also include an estimate of the number of cubic yards necessary and length of time estimated to complete filling. Before issuance of any special permit for any of the above buildings or uses, the Board of Adjustment shall refer the proposed application to the City Planning, Programming and Zoning Commission, which shall be given forty-five ( 45) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Planning, Programming and Zoning Commission has been filed; provided, however, that if no report is received from the Planning, Programming and Zoning Commission within forty-five ( 45 ) days, it shall be assumed that approval of the application has been given by the said Commission. Minor changes that do not substantially alter the character of any special permit may be administratively reviewed and approved by the Planning, Programming and Zoning Commission staff and approved by the Board of Adjustment without a mandatory public hearing. If the Board of Adjustment determines that such a change is significant in nature, a public hearing shall be required. INTRODUCED: January 9, 1989 PASSED 1ST CONSIDERATION: January 9, 1989 PASSED 2ND CONSIDERATION: January 9, 1989 PASSED 3RD CONSIDERATION: January 9 , 1989 Passed and adopted by the City Council of the City of Waterloo, Iowa, on the 9th day of January, 1989 , and approved by the Mayor Pro Tem on the llth day of January, 1989. n (12.11-1:&/;,41 &-ertr,k Robert J. Brown, Mayor Pro Tem ATTEST: -- °7 //'12 mar y P. Burger, ty Clerk/Auditor CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3614, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 9th day of January, 1989 . Witness my hand and seal of office this llth day of January, 1989. r d / Lar y P urger, ' y Clerk/Auditor f E9440 9 ST 4;TE OF IOWA, I do solemnly swear that the annexed copy of Lea I SS Black Hawk County, Ordinance No . 3614 notice was published in the tUnterloo Courier a daily newspaper printed in Waterloo, ORDINANCE NO.3614 AN ORDINANCE AMENDING THE WATERLOO ZONING OR- Black Hawk County, Iowa once '- - -eeflseetAive- DINANCE BY REPEALING SUBSECTION H, SPECIAL PERMIT REQUIRED,OF SEC- commencing on thedy- aof in the issue of _— TION 2A-48,EXCEPTIONS AND MODIFICATIONS, OF PART: XXII; AND BY ENACTING IN January 24 1 1989 LIEU THEREOF A NEW' SUBSECTION H, SPECIAL; PERMIT REQUIRED,TO SEC-' TION 2A-48,EXCEPTIONS AND MODIFICATIONS, OF PART of said newspaper, and that the annexed rate of XXII. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF advertising is the regular legal rate of said newspaper,and that the following is a correct bill for WATERLOO,IOWA,as follows: n That Subsection H, Special publishing said notice. r�-c �Cq Permit Required, of Section Printer's Bill $ 2A-48, Exceptions end ModifIca- I tions,Part XXII,of the Waterloo Zoning Ordinance, Is hereby re- pealed In Its entirety; that newal144.-61..d, c,--,' 7,..124.4.1.9.-1--- Subsection H,Special Permit Re- quired, of Section 2A-48, Excep- sf // �, tions and Modifications, Part fC �f 1..�� XxII.of the Waterloo Zoning Or- Subscribed and sworn to before me this day of dinance,Is hereby enacted In lieu thereof as follows: ar�`, H. Special Permit Required. A /I�, f r° special permit for the location of Y/if(•JL4 t/�,- A.D., 19 any of the following buildings or uses r any districte permittedei by &toi,' � / Ag�� Vr e(f,,!this ordinance must be obtained 11ss��"11Lc from the Board of Adlustment I after public hearing thereon: I Notary Public 1.Any public building erected and used by any department of the I • Received of city, township, county, state or federal government. 2.Public and parochial schools. 3. Hospitals, non-profit fraternal ICI the sum of Dollars institutions provided they are used solely for fraternal in full for publication of the above notice. purposes,end Institutions of any