HomeMy WebLinkAboutCouncil Packet - 6/6/2022COUNCIL WORK SESSION
June 6, 2022
Time indicated below
Harold E. Getty Council Chambers
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city council shall not receive any public comment during a work session.
Roll Ca11
Agenda, as proposed or amended
Approval of Minutes
4:10 p.m. Discussion of miscellaneous Zoning Ordinance Amendments.
Submitted By: Noel Anderson, Community Planning and Development Director
Approx. Discussion of downtown parking.
4:40 p.m.
Submitted By: John Chiles, Ward 1 Council member
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of miscellaneous Zoning Ordinance Amendments.
City Council Meeting: 6/6/2022
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 5/27/2022 - 3:53 PM
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement/
Background Information:
Neighborhood Impact:
Data:
Community Engagement
Methods:
Analysis and Strategies:
Implementation, Accountability,
and Communication::
Expenditure Required/ Source
of Funds:
Alternative:
Discussion of miscellaneous Zoning Ordinance Amendments.
Submitted By: Noel Anderson, Community Planning and Development
Director
Amendment to the City of
Waterloo Zoning Ordinance
Changes and Updates to the City of Waterloo Zoning Ordinance, including:
- Section 10-5-1 (D) Home Occupations, changing requirements for home occupations, including
restrictions on non-resident employees and use of an accessory building (attached or detached)
- Section 10-5-1 (E) Accessory Structures, clarifying that existing homes cannot alter an accessory
structure (attached or detached) in a manner that causes them to not comply with the requirements
or increase existing non-conformance, unless ordered to be demolished as an unsafe structure by
the Building Official or designee. Provision for accessory solar facilities.
- Section 10-6-1 (A)(1), (A)(3) and (B)(2), farm animals and stables in the "A-1" Agricultural District
- Section 10-10-1 (B)(2), provision for incidental child daycare
- Chapter 13, change the title of the chapter to "S-1" Shopping Center District
- Section 10-13-1 (B) standards, add "and except that an Alcohol Sales Use shall meet the require-
ments of the "C-2" District in the "S-1" Shopping Center District.
- Section 10-19-1 (A)(1), provision for child daycare facilities
- Section 10-19-1 (A)(26) and (31), principal permitted use in the "M-1" for the manufacturing,
compounding, processing, packaging, treatment or storage of various products, and cross -docking
warehouse, or shipping terminal.
- Section 10-20-1 (A)(2), provision for child daycare facilities
- Section 10-20-1 (A)(4)(f.), special use in the "M-2" for rendering or refining of fats and oils.
- Section 10-20-1 (A)(4)(g.), special use in the "M-2" for fertilizer manufacture, add "or processing".
- Section 10-25-2 (B)(9), restriction on stacking of parking stalls
- Section 10-26-1 (B)(26), restriction for pole or post signs
- Section 10-26-1 (C)(1)(a.), restriction for traffic control signs
- Section 10-27-1 (H)(8)(x.), new salvage yard must be 600 feet from a protected use, add "This pro-
vision shall not restrict the expansion of an existing yard that is already less than 600 feet.
- Section 10-27-1 (H)(29), add a new 29 as a special permit use for home occupations operated from
an accessory building (attached or detached).
- Section 10-27-1 (H)(30), add a new 30 for a special permit use for utility scale solar farms
- Section 10-27-1 (K), add an exception for subdividing of lots when lots are 4 times the minimum
- Section 10-27-1 (L), add a provision for utility scale solar farms as a special permit
- Section 10-28-4 (A) Special Permits, add wording so it is known that a special permit is also
known as a conditional use.
- Section 10-28-4 (E), strike the reference to "Special Permits" and "Conditional Uses" as this is
covered by a different section of the Ordinance.
Ordinance No. Amending Ordinance No. 5079
Planning and Zoning Commission Hearing:
City Council Approval:
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
height, except that if the rear yard of
the property in question is abutting
the rear yard of an adjoining corner
lot no such fence shall exceed eight (8)
feet in height in the rear yard and
along the street side adjoining the rear
yard extending from the rear of the
house to the street lot line and back to
the rear of the lot.
A fence that is parallel and within
three (3) feet of a side lot line, exclud-
ing a street lot line, may exceed four
(4) feet in height in the front yard if a
principal building on the lot abutting
the side lot line extends past the estab-
lished front yard of the property in
question, but shall not exceed four (4)
feet in height past the established
front yard of a principal building on
the lot abutting the side lot line, how-
ever, in no case shall said fence exceed
eight (8) feet in height. A fence that is
parallel with a front lot line that does
not abut a street and is abutting the
rear or side yard of an adjoining lot
may exceed four (4) feet in height but
shall not exceed eight (8) feet in
height.
No solid fence shall be erected in such
a manner as materially to impede vi-
sion between a height of two and one-
half (2 1/2) feet and eight (8) feet above
the centerline grades within the trian-
gular area in a yard bounded by a
street (back of curb or back of road-
way if no curb), a driveway or alley,
and a line drawn between two (2)
points each located twenty five (25)
feet from the intersection of said
driveway or alley line and the street.
[Ordinance 3993, 12/13/93] [Ordinance
4656, 11/10/03]
2. Fences Accessory to a Non-
residential Use and Not Located in
an "R" District. Non-residential
fences accessory to a non-residential
use and not located in an "R" District
must be located with no portion ex-
tending onto adjacent property or
right-of-way (except as approved by
encroachment agreement) and cannot
exceed eight (8) feet in height, except
that said fence may be ten (10) feet in
height if the fence or portion thereof
above eight (8) feet is constructed of
chain link or wire. No such fence
shall be constructed of salvaged mate-
rial. No such fence shall use barbed
wire, concertina wire, or similar wire
closer than six (6) feet to the ground,
except a fence used purely for agricul-
tural purposes. [Ordinance 4508,
9/4/01] [Ordinance 4656, 11/10/03]
All Fences. Walls extending above grade
shall be regulated as a fence. Retaining
walls shall not be regulated by this part,
except that if a wall or fence is built on
top of a retaining wall or within three (3)
feet of the top of a retaining wall, the
maximum height of the wall or fence shall
include one half (1/2) the height of the re-
taining wall. This provision shall not pre-
clude a fence required to meeting mini-
mum building code. One half (1/2) the
height of the retaining wall need not be
included if the height of the wall or fence
does not exceed the maximum height al-
lowed above the original natural grade of
the location that the wall or fence is erect-
ed.
D. Home Occupations.
1. Purpose. It is the intent of this chap-
ter to eliminate as home occupations
all uses except those that conform to
the standards set forth in this chapter.
Custom and tradition are intentionally
excluded as criteria. In general, a
home occupation is an accessory use
so located and conducted that the av-
erage neighbor, under normal circum-
stances would not be aware of its ex-
istence other than for a nameplate as
permitted elsewhere in this Section.
The standards for home occupations
30
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
in this Section are intended to insure
compatibility with other permitted
uses and with the residential character
of the neighborhood, plus a clearly
secondary or incidental status in rela-
tion to the residential use of the main
building as the criteria for determin-
ing whether a proposed accessory use
qualifies as a home occupation.
2. Necessary Conditions. Home occu-
pations are permitted accessory to a
residential use only so long as all the
following conditions are observed:
a. Such occupation shall be conduct-
ed solely by resident occupants of
the residence located on the prop-
erty [Ordinance 4855, 2/19/07] No
non-resident employees can work
from or report to or park at the
site of the home occupation or
park on a public street in the vicin-
ity of the home occupation;
b. No more than one room or twen-
ty-five (25) percent of the gross ar-
ea of one floor of said residence,
whichever is less, shall be used for
such purpose. Use of an accessory
building (attached or detached)
for these purposes is allowed only
upon approval of a Special Permit
by the Board of Adjustment after
recommendation of the Commis-
sion, but shall be limited to one (1)
accessory building with an area of
said accessory building or portion
thereof used for such occupation
limited to three -fourths (3/4) of
the area permitted for a residential
accessory structure by Section 10-
5-1(E) or three -fourths (3/4) the
area of existing accessory struc-
tures in the case of legal non-
conforming structures exceeding
the size allowed by Section 10-5-1.
Any existing home occupation op-
erated from any accessory build-
ing(s) prior to adoption of Ordi-
nance adopted will
not require Special Permit ap-
proval, but any new home occupa-
tion using an accessory building
or an existing home occupation
that proposes to expand into an
accessory building shall first ob-
tain Special Permit approval.
Home occupation use of an acces-
sory building shall not cause a
dwelling to become non -compliant
with accessory structure require-
ments of Section 10-5-1(E) or park-
ing requirements of Section 10-25-
2(D)(15) [Ordinance 4855, 2/19/07];
c. No use shall require internal or ex-
ternal alterations or involve con-
struction features or the use of
electrical or mechanical equipment
that would change the fire rating
of the structure or the fire district
in which the structure is located;
d. No home occupation shall cause
an increase in the use of any one
or more utilities (water, sewer,
electricity, telephone, garbage,
etc.) so that the combined total use
for dwelling and home occupation
purposes exceeds the average for
residences in the neighborhood;
e. There shall be no outside storage
of any kind related to the home
occupation except for licensed and
operable vehicles including one (1)
semi but excluding a semi trailer,
other trailers, or other equipment,
regardless if licensed for highway
use [Ordinance 4855, 2/19/07];
f. No traffic shall be generated by
such home occupation in greater
volumes than would normally be
expected in a residential neigh-
borhood, and any need for park-
ing generated by the conduct of
said home occupation shall be met
31
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
g-
off the street and other than in a
front yard;
No use shall create noise, dust, vi-
bration, smell, smoke, glare, elec-
trical interference, fire, fire hazard,
or any other hazard or nuisance to
any greater or more frequent ex-
tent than that usually in question
under normal circumstances
wherein no home occupation ex-
ists;
h. No retail sales or displays for re-
tail sales are permitted.
3. Nameplate Allowed. Only one
nameplate shall be allowed. It may
display the name of the occupant
and/or the name of the occupation
(i.e. John Jones, Realtor). It shall not
exceed two (2) square feet in area,
shall be non -illuminated, and attached
flat to the main structure or visible
through a window. The limitation to
one nameplate is intended to apply to
all lots, including corner lots. [Ordi-
nance 4855, 2/19/07]
4. Examples of Uses that Do Not Quali-
fy as Home Occupations. The follow-
ing uses by the nature of the invest-
ment or operation have a pronounced
tendency once started to rapidly in-
crease beyond the limits permitted for
home occupations and thereby impair
the use and value of a residentially
zoned area for residence purposes.
Therefore, the uses specified below
shall not be permitted as home occu-
pations: auto repair, minor or major;
beauty shops with more than one
chair; barber shops with more than
one chair; massage parlors with more
than one table; retail sales operations
where transactions occur on the prem-
ises; carpentry work; dance instruc-
tions; dental offices; medical offices;
painting of vehicles; repair and sale of
trailers or boats; photo developing;
photo studios; private schools with
organized classes; radio, television or
appliance repair; and upholstering.
This list shall not be construed as be-
ing all-inclusive. [Ordinance 4855,
2/19/07]
5. Day Cares. Day care services shall be
permitted provided the following
conditions are met: [a. through g Or-
dinance 3755, 12/10/90]
a. The day care service shall be at
least six hundred (600) feet from
an area designated by the Black
Hawk County Health Department
to be a health problem for chil-
dren.
b. If the day care property is located
on a major or minor arterial or col-
lector street as designated on the
Waterloo Functional Classification
System map, access to the day care
property must be gained from a
public alley or driveway that al-
lows a vehicle to re-enter the street
in a forward movement only.
c. The day care service shall be in
compliance with all state laws per-
taining to child day care services.
d. Where a day care provider's prop-
erty is not accessible from a street
defined in (b) above, the traffic
generated by that day care service
shall not impede traffic flow on
any other street by reducing traffic
movement below two moving
lanes. (It is the responsibility of
the day care to inform those using
his/her day care services of this
requirement.)
E. Accessory Structures.
No accessory structure shall be
erected until after the Principal Per-
mitted Use is erected and shall not be
erected in any front yard, except for
temporary or seasonal use accessory
32
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
structures to a commercial use. Acces-
sory structures shall be a distance of
at least five (5) feet from alley lines; at
least five (5) feet from lot lines of ad-
joining lots; and at least three (3) feet
from the Principal Permitted Use on
said lot, except that accessory struc-
tures in the rear sixty (60) percent of
the lot may be erected three (3) feet
from any interior lot line, and on cor-
ner lots they shall conform to the set-
back regulations for corner lots as
provided in 10-5-1(F). Vehicles, trail-
ers, cargo structures from vehicles or
trailers, storage/moving or shipping
containers, or mobile homes, or any
other similar portable storage contain-
ers, regardless if it has wheels and
chassis, shall not be used as an acces-
sory structure. Said structures, ex-
cluding mobile homes, may be used
for temporary storage but shall not be
placed on a property for more than
sixty (60) cumulative days in any giv-
en twelve-month period. Property
owners may request a temporary
storage container extension permit
from the City Planner prior to place-
ment on the property or prior to ex-
ceeding the sixty (60) day limit. Ap-
proval of such extensions shall only be
granted for special circumstances with
compelling reason why additional
time is needed. Special circumstances
may include, but are not limited to: 1)
large construction sites, 2) emergency
repair, reconstruction or rehabilitation
of structures, and 3) extraordinary
events such as flooding, fire, explo-
sion, wind storms, war, riot, or similar
events. The use of such structures
shall not be restricted when accessory
and customarily incidental to Princi-
pal Permitted Use in the "M-1" or "M-
2" Districts excluding any dwelling or
residence. [Ordinance 3050, 11/1/79]
[Ordinance 3102, 9/22/80] [Ordinance
5288, 06/15/15]
1. Residential Accessory Structures:
Accessory structures, except sta-
bles, may be erected as a part of
the principal building, or may be
connected thereto by a breezeway
or similar structure, provided all
yard and building code require-
ments for a principal building are
complied with. After July 1, 2015,
no single family dwelling shall be
constructed or moved onto a
property without a minimum of a
fourteen (14) foot wide by twenty
(20) foot deep accessory structure
enclosed on four (4) sides, at-
tached or detached, being con-
structed and maintained, and no
two-family dwelling shall be con-
structed or moved onto a property
without said minimum accessory
structure for each unit or a single
accessory structure a minimum of
a twenty two (22) foot wide by
twenty (20) foot deep. [Ordinance
5288, 06/15/15] Existing homes
with accessory structures shall not
alter the accessory structures in a
manner that causes them to have
less than the minimum size re-
quired or increase existing non-
conformance, unless ordered to be
demolished as an unsafe structure
by the Building Official or design-
ee. Accessory structures attached
or connected to the principal
building shall not exceed the
square footage of the principle
permitted use (not including decks
or unenclosed porches, calculated
based on the area of the base or
"footprint" of the structure), how-
ever this provision shall not pro-
hibit a five hundred seventy-six
(576) square foot attached garage
provided that all other require-
ments are met. Accessory struc-
tures that are not a part of the
main building shall not exceed fif-
33
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
teen (15) feet in height with a less
than two story Principal Permitted
Use, and eighteen (18) feet in
height for a two story or greater
Principal Permitted Use. In con-
junction with any one or two fami-
ly residence, accessory structures
that are not a part of the main
building shall not occupy more
than thirty (30) percent of the rear
yard and shall not cover more
than eight hundred fifty (850)
square feet total. Said structures
may exceed the eight hundred fif-
ty (850) square feet total but shall
not occupy more than six (6) per-
cent of the lot on which said struc-
tures are located and in no case
shall the total of said structures be
larger than 1,800 square feet. Ac-
cessory structures (attached or de-
tached) to a residential use shall
not be constructed of metal mate-
rials for exterior siding, except for
horizontal aluminum/steel siding
common on many residential
structures and except structures
that are two hundred (200) square
feet or less. Accessory structures
that are not part of the main build-
ing shall not be constructed of
metal materials for exterior roof-
ing if the lowest point of the roof
is closer than seven (7) feet from
the adjacent grade, except struc-
tures that are two hundred (200)
square feet or less. Structures that
are less than nine (9) square feet
shall not be included in the acces-
sory structure limit. Structures
that are less than fifty (50) square
feet but more than nine (9) square
feet shall not be included in the
accessory structure limit, however
no one or two family residence
shall have more than two (2) such
structures excluded from the ac-
cessory structure limit. Accessory
structures that are one hundred
twenty (120) square feet or less
and are eight feet in height or less
shall not be required to meet set-
back requirements, however this
provision shall not authorize ac-
cessory structures over any prop-
erty line, platted building line, or
easement. [Ordinance 5288,
06/15/15] Freestanding or at-
tached metal -framed carports, or
similar structures, shall be prohib-
ited in conjunction to any residen-
tial use. [Ordinance 3050, 10/1/79]
[Ordinance 3102, 9/22/80] [Ordi-
nance 3645, 5/8/89] [Ordinance 4656,
11/10/03] [Ordinance 4725,
09/20/04] In conjunction with any
multiple family residence (three or
more dwelling units), accessory
structures that are not a part of the
main building shall not exceed a
total size of more than five hun-
dred seventy six (576) square feet
in area per dwelling unit.
2. Commercial Accessory Structures:
Commercial accessory structures
shall be constructed only as acces-
sory to a Principal Permitted Use
on the lot, as allowed by the un-
derlying zoning classification.
Any such Principal Permitted Use
must be in accordance with all ap-
plicable building codes, zoning,
engineering, and other pertinent
ordinances to be eligible for the
use (i.e. a residentially built home
in a "C" or "M" District cannot
construct or convert a commercial
sized accessory structure, unless
the residential building has been
properly rehabilitated to meet all
commercial building codes, park-
ing requirements, etc. and is used
for a commercial business). Noth-
ing in this Section shall prohibit
the erection of two Principal Per-
mitted Uses on one lot, provided
34
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
all pertinent codes and ordinances
are met.
Commercial accessory structures
shall not be limited in height, ma-
terials, or size, except as limited by
other provisions for commercial
sites, such as parking require-
ments, drainage, landscaping, etc.,
by this Ordinance. [Ordinance
4725, 09/20/04]
Fences shall be considered accessory
structures but shall be regulated by Section
10-5-1(C). Signs shall be considered accessory
structures but shall be regulated by Chapter
25. Other accessory structures such as flag-
poles, swimming pools (including hot tubs
and spas), swing sets/playground equip-
ment, landscaping features such as arbors
and fountains, and other similar structures
shall not be regulated by this Section, except
that swimming pools capable of holding wa-
ter over twenty four (24) inches shall not be
permitted in the front yard of a residential
use. A deck that is attached to or within three
(3) feet of a principal structure shall be con-
sidered to be part of the principal structure
and subject to the regulations for a principal
structure, except as provided in Section 10-27-
1(G) and except that no setback shall be re-
quired between an attached deck and an ac-
cessory structure. Detached decks more than
three (3) feet from a principal structure shall
be regulated by this Section, except that one
(1) detached deck of two hundred (200)
square feet or less shall not be included in the
accessory structure size limit as calculated
herein. Accessory solar facilities meeting the
requirements of Section 10-27-1(L) shall be
considered accessory structures but shall be
regulated by Section 10-27-1(L). Small wind
energy facilities meeting the requirements of
Section 10-27-1(T) shall be considered acces-
sory structures but shall be regulated by Sec-
tion 10-27-1(T). [Ordinance 4725, 09/20/04]
F. Corner Lots.
1. Narrow dimension street frontage for
corner lots, whose frontage is street
side with the narrow width of the lot,
shall be required to meet the front
yard requirement of this District on
that narrow dimension with the rear
yard being opposite of this. The long-
er dimension street frontage can then
be reduced to one-half (1/2) the front
yard requirement of the District.
2. Longer dimension street frontage for
corner lots (reversed frontage lots),
whose frontage is considered along
the longer dimension street frontage,
shall meet the front yard setback back
requirements of the District it is locat-
ed along the longer dimension street
frontage as well as meeting the front
and rear yard requirements along the
narrow dimension frontage. The rear
yard must be opposite the front yard
along the narrow dimension. This Sec-
tion does not require a rear yard to be
met opposite the longer dimension
street frontage.
G. Visibility at Intersections in Residen-
tial Districts.
On a corner lot in a residential district,
nothing shall be erected, placed, planted, or
allowed to grow in such a manner as materi-
ally to impede vision between a height of two
and one-half (2 1/z) feet and ten (10) feet above
the centerline grades of the intersecting
streets in a triangular area bounded by the lot
lines of such corner lots and a line drawn be-
tween two (2) points each located twenty (20)
feet from the intersection of the lot lines on
the corner of the lot located at the intersec-
tion.
H. Front Yard.
For any residential use there shall be a
minimum front yard required as stated in the
yard requirements for that particular district;
provided, however, that where lots compris-
35
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
pollution prevention plan and IDNR permit
(if required).
R. Proposed Use Not Covered by Title.
Any proposed use not covered in any Dis-
trict as a Principal Permitted use or a Special
Permit use may be administratively reviewed
and approved by the City Planner or design-
ee as a Principal Permitted use or a Special
Permit use in a District if the proposed use is
similar to a listed Principal Permitted use or
Special Permit use in such District. If the City
Planner or designee determines that a pro-
posed use is not similar, the use shall be per-
mitted in the "M-2" District. In addition, a
proposed use not covered by title and not de-
termined to be similar to a use covered by
title may be referred to the Commission and
City Council for a decision as to the proper
District and category in which said use
should be permitted. This process requires
an amendment to the Ordinance prior to ad-
dressing a specific site. Therefore, in order to
add an unlisted use to a District, the Ordi-
nance must be amended as provided in
Chapter 31, before a rezoning request can be
approved.
S. Landscaping Regulations.
[Ordinance 3907, 12/21/92]
This part shall apply to the following ac-
tivities for all Special Permit and "R-3" or less
restrictive uses; except one and two family
dwellings and except the "C-3" zone; which
engage in one or more of the following:
a. new construction
b. expansion of an existing building
equal to 10% or 1000 square feet
whichever is less
c. new or expanded parking areas
1. Landscape Area and Planting Re-
quirements.
Developments requiring landscaping
under this part shall provide one of the
following combinations of landscaped ar-
ea and planting points per square foot of
total lot area:
LANDSCAPED + POINTS PER
AREA SQUARE FOOT
35% or more .015
30% .02
25% .025
20% .03
15% .035
10% or less .04
The following landscaping require-
ments shall be met:
A minimum of 65 percent of all re-
quired points shall be achieved through
tree plantings.
The points required per square foot of
vehicular use area shall be placed within
islands in the vehicular use area and/or
within five feet (5') of the perimeter.
There shall be .04 points per square foot
of vehicular use area. The intent is to po-
sition the plantings to enhance the overall
appearance of the site.
All required trees within the vehicular
use area shall be two inch (2") caliper or
greater measured six inches (6") above
grade at the time of planting.
2. Street Tree Planting.
A minimum of 1.5 points per linear
foot of street frontage must be met
through the provision of trees, and plant-
ing shall comply with the Vegetation Or-
dinance as set forth in Section 7-5-3 of the
Code of Ordinances, as amended. [Ordi-
nance 5288, 06/15/15] If circumstances do
not allow plantings on the city parking,
street tree points shall be placed in the
street yard setback area.
3. Expansion of Existing Use.
For additions to existing buildings or
parking areas, the following percent of to-
40
CHAPTER 5
GENERAL REGULATIONS 10-5-1 GENERAL REGULATIONS.
tal points and total landscaped area shall
be applied to the project dependent upon
the total size of all additions since the
adoption of this Section:
The lesser of: Shall require:
< than 10% addition
10% - 20% addition
or 1000 square feet
Nothing
25% of Ordinance
requirements
21% - 40% addition 50% of Ordinance
or 2000 square feet requirements
41% - 50% addition 75% of Ordinance
or 2500 square feet requirements
51% addition or 100% of Ordinance
2501 square feet requirements
4. Alternative Compliance.
[Ordinance 3964, 8/9/93]
For sites larger than one (1) acre in ar-
ea or those with difficult site conditions,
the City Planner or his/her designated
representative may approve the plan if
the following findings are made:
a. The proposed improvements will
fulfill an individual and/or com-
munity need and will not adverse-
ly affect the goals of the Land Use
Policy Plan; and
b. The proposed improvements, be-
cause of the conditions that have
been applied to it, will not be det-
rimental to the health, safety and
the general welfare of persons re-
siding or working in the area and
will not adversely affect other
property on in the vicinity; and
c. The proposed improvements will
meet the purpose and intent of
this part.
5. Maintenance.
The owner shall be solely responsible
for the maintenance of any and all land-
scaping. This maintenance shall include
but not be limited to, removal of litter,
pruning, mowing of lawns, adequate wa-
tering for all plant life, and also weeding
in accordance with the Tree and Shrub
Care Guidelines as set in forth by the Wa-
terloo Park Commission. The owner shall
also be responsible for any replacement,
as necessary, in order to preserve the
landscaping plan as approved by this Sec-
tion. The responsibility to maintain the
landscaping shall include the parking
strip located between the private property
line and the public street or highway, di-
rectly adjacent to the owner's property. A
maintenance and right to enter agreement
shall be signed prior to a building permit
being issued.
6. Submittal Requirements.
Submittal for landscape approval shall
include a separate planting plan showing
type, size, and number of plantings; a site
plan showing total area and total land-
scaped area and any supplementary in-
formation as required to demonstrate con-
formance to the landscape requirements.
Any deviations from the approved land-
scape plan must receive approval from
the City Planner or his/her designated
representative prior to installation.
7. Measured Compliance.
The following point schedule and
conditions apply to required landscaping
in all zones and shall be used in determin-
ing achieved points for required planting:
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches
25 points per inch
Understory Trees
2 inch caliper or greater
1/ inch caliper or greater
1 inch caliper or greater
40 points
30 points
20 points
41
CHAPTER 6
"A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS.
Shrubs
5 gallon or greater
2 gallon or greater
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
10 points
5 points
100 points
90 points
80 points
40 points
30 points
20 points
[Ordinance 3907, 12/21/92]
CHAPTER 6
"A-1" AGRICULTURAL
DISTRICT
10-6-1 REGULATIONS.
The regulations set forth in this Chap-
ter and those contained in Chapter 5 shall
apply in the "A-1" Agricultural District.
The "A-1" District is intended to provide for
areas of the community which are suitable for
agricultural and interrelated agricultural uses
that are adjacent to residential, commercial or
industrial districts. Any outside storage of
materials or equipment shall be limited and
clearly incidental and accessory to the Princi-
pal Permitted Use, and shall not include the
outside storage of junk or salvage material or
similar debris. Outside storage of materials or
equipment shall not be permitted in a front
yard. This provision shall not restrict the
outside storage of licensed and operable ve-
hicles or agricultural equipment or machinery
that are accessory and clearly incidental to
the Principal Permitted Use.
A. Principal Permitted Uses:
1. Agriculture, farming and the usual
agricultural buildings and structures,
including specialized animal farms,
provided that no structures shall be
permitted unless accessory to another
Principal Permitted Use or unless
such structures are located on a farm
as defined herein. Any fenced con-
finement area (excluding pastures) for
farm animals shall have a minimum
10-foot setback from all property lines.
Due to the incompatibility of farm an-
imals and livestock with urban devel-
opment, large scale animal operations,
including animal confinement opera-
tions, shall be prohibited unless the
Board of Adjustment, through Special
Permit application, shall find that a
proposed operation would be con-
sistent and compatible with existing
and future surrounding land uses. Al-
so a single-family dwelling provided
that the owner/occupant is actively
engaged in the farming operation and
is a member of the farm owner's im-
mediate family. For the purpose of
this Section, the immediate family
shall be interpreted as father, mother,
son, daughter, wife, husband, brother,
sister, grandparent or grandchild.
Only one (1) lot that is a minimum of
three (3) acres for this purpose shall
be separated from a farm and at least
thirty-five (35) acres shall remain after
the transfer with the farm. [Ordinance
4656, 11/10/03] [Ordinance 5417,
8/28/17]
2. Truck gardening and nurseries [Ordi-
nance 4656, 11/10/03], provided how-
ever that any structures associated
with such uses shall comply with Sec-
tion 10-5-1(E) as if accessory to a sin-
gle family residence, unless such uses
are located on a farm as defined here-
in.
3. Stables, public and private, riding
academies and clubs, and riding are-
nas, where there exists a minimum lot
size of ten (10) acres and an area de-
voted to such purposes of at least five
thousand (5,000) square feet per ani-
mal and provided further that no
structure or building for the stabling
of horses or tethering area be closer
42
CHAPTER 6
"A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS.
than fifty (50) feet from abutting resi-
dential properties. The area devoted
to such uses shall be kept in a clean
and sanitary condition. Private (non
commercial) stables shall not be s„b
jcct to the ten (10) acres requirement.
[Ordinance 5417, 8/28/17]
4. Grain elevators with usual accessory
structures and the seasonal storage of
coal whenever on or adjacent to and
not more than one hundred (100) feet
from a railway right-of-way.
5. Mining and extraction of minerals or
raw material, including sand or gravel
pits or borrow sites, upon approval of
a Special Permit by the Board of Ad-
justment after review by the Commis-
sion.
6. Airports and landing fields, with Fed-
eral Aviation Administration approv-
al if required.
7. Forest and forestry.
8. Parks, playgrounds, recreational
trails, and similar recreational uses.
9. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government a public agency, upon
approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission, except
as provided in Section 10-27-1.
10. Public utility structures and equip-
ment necessary for the operation
thereof in accordance with Section 10-
27-1.
11. Transmitting stations and towers in
accordance with Section 10-27-1.
12. Recreational vehicles as defined here-
in, within special flood hazard areas
zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
1. Be on the site for fewer than 180
consecutive days, and
2. Be fully licensed and ready for
highway use.
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by disconnect type utilities and
security devices, and has no perma-
nent attached additions. [Ordinance
4125, 9/11/95] A recreational vehicle
that is accessory to a Principal Permit-
ted Use and is fully licensed and
ready for highway use may be on the
site for more than 180 consecutive
days for storage purposes only and
not living quarters. [Ordinance 5049,
6/20/11]
13. Single-family homes that were legally
built prior to adoption of Ordinance
2479, adopted 02/03/69. For the pur-
poses of this Ordinance, any such le-
gally established dwelling is not con-
sidered a non -conforming use as de-
fined herein, but is considered a legal
use. Furthermore, any such legally es-
tablished dwelling may be rebuilt on
the same lot as legally established,
provided that all other rules and regu-
lations of this Ordinance are met.
However, such rebuild must occur
within two (2) years of the removal of
the original structure or within two (2)
years of removal of a legal replace-
ment structure. [Ordinance 4656,
11/10/03] [Ordinance 5288, 06/15/15]
14. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion, upon approval of a Special Per-
mit by the Board of Adjustment after
review by the Commission.
15. Large Wind Energy Facilities upon
approval of a Special Permit by the
Board of Adjustment after review by
43
CHAPTER 7
"R-R" RURAL RESIDENCE DISTRICT 10-6-2 HEIGHT REGULATIONS.
the Commission and in accordance
with Section 10-27-1.
B. Accessory Uses:
1. Accessory uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
2. Repealed by Ordinance 4724,
9/20/01.Stables, when private non-
commercial and when accessory to a
residential dwelling and when not
meeting the requirements as a princi-
pal permitted use, are allowed when
meeting the requirements of Section
10-7-2(B)(4). Any existing private non-
commercial stable accessory to a prin-
cipal permitted use maintained with
horses prior to and through the adop-
tion of Ordinance adopted
will not be required to meet
the requirements of Section 10-7-
2(B)(4) and shall be a non -conforming
use.
10-6-2 HEIGHT REGULATIONS.
Any building hereafter erected or
structurally altered may be erected to any
height not in conflict with other existing or
future ordinances of the City of Waterloo.
10-6-3 BULK REGULATIONS.
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
"A-1" AGRICULTURAL DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM
SIDE
YARD
MINIMUM
REAR YARD
Farm Building or Farm
House [Ordinance 5417,
8/28/17]
35 Acres
No Minimum
35 Acres
50 Feet
25 Feet
50 Feet
Single Family Dwellings
built prior to Ordinance
1.5 Acres
150 Feet
1.5 Acres
50 Feet
25 Feet
50 Feet
Other Permitted Uses
1.5 Acres
No Minimum
1.5 Acres
50 Feet
50 Feet
50 Feet
(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.
CHAPTER 7
"R-R" RURAL RESIDENCE
DISTRICT
[Ordinance 4616, 6/9/03]
10-7-1 PURPOSE.
The "R-R" Rural Residential District is
intended to provide regulations for land
that is being converted to large lot resi-
dential uses. Lots to be included in this
District must be larger than one and one
half (1.5) acres but smaller than ten (10)
acres. Because availability of either water
or sewer services for properties in this
District are provided through the use of
individual wells or rural water type sys-
tem and septic systems they must meet
Board of Health standards. Areas to be
developed shall be conducive to the con-
struction and operation of onsite waste
treatment systems and private water
wells to be determined by the Black
Hawk County Health Department. The
Health Department may require an engi-
neered plan for onsite waste treatment
systems and private water wells. The
44
CHAPTER 10
"R-3" MULTIPLE RESIDENCE DISTRICT 10-10-2 HEIGHT REGULATIONS.
3. Boarding and lodging houses, room-
ing houses, and bed and breakfasts.
4. Group Homes (Voluntary Super-
vised), upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the Commission. [Ordi-
nance 4554, 6/3/02]
5. Non-profit institutions of a philan-
thropic or educational nature, includ-
ing libraries, upon approval of a Spe-
cial Permit by the Board of Adjust-
ment after recommendation of the
Commission.
6. Day care (adult or child), nursing and
convalescent homes, and hospice facil-
ities. [Ordinance 3755, 12/10/90]
7. Private clubs, fraternities, sororities,
and lodges, upon approval of a Spe-
cial Permit by the Board of Adjust-
ment after recommendation of the
Commission, excepting those the
principal activity of which is a service
customarily carried on as a business.
8. Mobile home parks, including factory -
built home parks if the structures are
not classified as real estate, upon ap-
proval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission.
9. Hospitals, excluding animal hospitals,
and clinics, upon approval of a Special
Permit by the Board of Adjustment af-
ter recommendation of the Commis-
sion.
10. Alterations and conversions of single
family dwellings, two family dwell-
ings, or multiple family dwellings into
two family dwellings, multiple family
dwellings, boarding and lodging
houses, rooming houses, or bed and
breakfasts shall only be allowed in ac-
cordance with the lot area, frontage
and yard requirements as set forth in
this Section, upon approval of a Spe-
cial Permit by the Board of Adjust-
ment after recommendation of the
Commission. [Ordinance 5288,
06/15/15]
B. Accessory Uses:
1. Accessory uses permitted in the "R-2"
District.
2. Other accessory uses and structures,
not otherwise prohibited, customarily
accessory and incidental to any per-
mitted principal use, including child
daycare incidental to a non-residential
principal permitted use (residential
regulated by home occupation provi-
sions in Section 10-5-1(D)). [Ordinance
4724, 9/20/04] Accessory structures
shall meet the requirements provided
for residential accessory structures in
Section 10-5-1(E), including structures
accessory to non-residential principal-
ly permitted uses unless approved by
Special Permit.
3. Storage garages where the lot is occu-
pied by multiple dwelling, hospital, or
institutional building, for storage of
items accessory to the Principal Per-
mitted Uses.
10-10-2 HEIGHT REGULATIONS.
No principal building shall exceed three
(3) stories or forty-five (45) feet in height at
the required front, side and rear yard lines,
but above the height permitted at said yard
lines, two (2) feet may be added to the height
of the building for each one (1) foot that the
building or portion thereof is set back from
the required yard lines and except as further
provided in Section 10-27-1. No accessory
structure shall exceed a height as provided in
Section 10-5-1(E), including structures acces-
sory to non-residential principally permitted
uses unless approved by Special Permit.
10-10-3 BULK REGULATIONS.
[Ordinance 3210, 5/10/82]
[Ordinance 3908, 12/21/92]
50
CHAPTER 13
"S-1" SHOPPING CENTER DISTRICT REGULATIONS
(Shopping Center Commercial District)
10-13-1 REGULATIONS.
quirements of this Ordinance or Subdivision
Ordinance.
H. Platting Required.
If platting is required and a final plat has
not been approved and recorded on any part
or portion of the development, the platting
procedure must be followed in accordance
with the City of Waterloo Subdivision Ordi-
nance No. 2997 on all portions or parts not
platted. The site development plan can be
resubmitted as a preliminary plat if it meets
the preliminary plat requirements. [Ordinance
3223, 6/21/82]
CHAPTER 13
"S-1" SHOPPING CENTER
DISTRICT RECULATIONS
10-13-1 REGULATIONS.
The "S-1" District is intended to provide
for the development of shopping centers. For
the purpose of this Section, the term "shop-
ping center" shall mean a planned retail and
service area often under single ownership,
management, or control characterized by a
concentrated grouping of stores and compat-
ible uses, with various facilities designed to
be used in common, such as ingress and
egress roads, extensive parking accommoda-
tions, drainage, etc. The "S-1" District shall
allow greater flexibility and diversification of
land uses and building locations than conven-
tional single lot method. It is the intent of this
section that the basic principles of good land
use planning be maintained and that sound
zoning standards as set forth in this Ordi-
nance concerning orderly growth and devel-
opment, traffic patterns, and compatible de-
sign and use be preserved.
Since shopping center developments,
whether large or small, have a significant ef-
fect upon the Comprehensive Plan for the de-
velopment of the City, extensive authority
over their development is retained by the
Commission. Many matters relating to the
shopping center's design, its potential for
success or failure and its effect upon sur-
rounding neighborhoods must be considered
by the Council and Commission in order to
reasonably be assured that the area will not
eventually become blighted. It is further in-
tended that in the event of an applicant's fail-
ure to construct a shopping center in accord-
ance with a reasonable time schedule, the
City Council shall enact the necessary legisla-
tion to reclassify the area to another classifica-
tion consistent with the surrounding neigh-
borhood in order that the property will not be
sterilized from use. Such action would also,
because of the reduction in commercial zon-
ing in a given area, provide conditions
whereby it could be reasonable for the Coun-
cil to classify other areas in the vicinity for
shopping center use.
A. Procedures.
The owner or owners of any tract of land
comprising an area of not less than five (5)
acres may submit to the City Council a plan
for the commercial use and development of
such tract for the purpose of meeting the re-
quirements of this Section. Said plan shall be
accompanied by evidence concerning the fea-
sibility of the project and its effects on sur-
rounding property and shall include each of
the following:
1. A site plan defining the areas to be
developed for buildings, the areas to
be developed for parking, the location
of sidewalks and driveways and the
points of ingress and egress, including
access streets where required, the lo-
cation and height of walls, the location
and type of landscaping, and the loca-
tion, size and number of signs.
2. An analysis of market conditions in
the area to be served, including the
types and amount of service needed
and general economic justification.
3. A traffic analysis of the vicinity indi-
cating the short term and long term
58
CHAPTER 13
"S-1" SHOPPING CENTER DISTRICT REGULATIONS
(Shopping Center Commercial District)
10-13-1 REGULATIONS.
effect of the proposed shopping center
on the adjacent streets.
4. A statement of financial responsibility
to assure construction of the shopping
center, including landscaping, in ac-
cordance with the plan and the re-
quirements of this Section.
Said development plan shall be referred
to the Commission for study and for report
after public hearing. The Commission shall
review the conformity of the proposed devel-
opment with the standards of the Compre-
hensive Plan and with recognized principles
of civic design, land use planning, and land-
scaping architecture. The Commission may
approve the plan as submitted or before ap-
proval may require that the applicant modify,
alter, adjust, or amend the plan as the Com-
mission deems necessary to the end that it
preserve the intent and purpose of this Ordi-
nance to promote public health, safety, mor-
als, and general welfare. The development
plan as approved by the Commission shall
then be reported to the City Council, where-
upon the City Council may after notice and
public hearing approve or disapprove said
plan as reported or may require such changes
thereto as it deems necessary to effectuate the
intent and purpose of this Ordinance. Upon
approval of the plan, the City Council shall
then initiate a change in zoning of the subject
tract of land in accordance with the provi-
sions of Section 10-32-1 of this Ordinance to
the "S-1" District classification.
B. Standards.
Uses permitted in the "S-1" District shall
include any use permitted in the "C-3" Dis-
trict, except adult uses as defined in this Or-
dinance, and except that an alcohol sales use
shall meet the requirements of the "C-2" Dis-
trict, ef-and except as limited by this district,
provided, however, the Council may consider
any additional restrictions proposed by the
owner. The lot area, lot frontage, and yard
requirements of the "C-2" District shall be
considered minimum for the "S-1" District;
however, it is expected that these minimums
will be exceeded in most situations. Build-
ings may be erected to heights greater than
those allowed in the "C-2" District in accord-
ance with the intent and purpose of this Sec-
tion, and the minimum yard requirements
and parking requirements of this Ordinance
shall apply to all developments, except that
the City Council may, after recommendation
from the Commission, alter those require-
ments to preserve the intent and purpose of
this Ordinance.
C. Completion.
The Council may make the approval of
the shopping center plan contingent upon the
completion of construction and improve-
ments within a reasonable period of time,
provided; however, that in the determination
of such period, the Council shall consider the
scope and magnitude of the project and any
schedule or timetable submitted by the de-
veloper. Failure to complete the construction
and improvements within said period of time
shall be deemed sufficient cause for the
Council in accordance with the provisions of
Section 10-32-1 to rezone the subject property
to the classification effective at the time of
original submission of the shopping center
plan unless an extension is recommended by
the Commission and approved by the Coun-
cil for due cause shown. Any proposed
change in the shopping center plan after ap-
proval by the Council, shall be resubmitted
and considered in the same manner as the
original proposal.
D. Minor Site Plan Amendments.
[Ordinance 2913, 8/22/77]
[Ordinance 3918, 1/11/93]
[Ordinance 4142, 12/18/95]
A site plan shall be prepared in accord-
ance with subsection A above for any altera-
tion to a site plan located in a "S-1" Shopping
Center Commercial District. Minor Site Plan
Amendments shall be administratively re-
viewed by Planning staff. If the change is
considered insignificant in nature, staff may
approve the change without a review and
59
CHAPTER 19
"M-1" LIGHT INDUSTRIAL DISTRICT
10-19-1 REGULATIONS.
fectively screened on each side facing a Resi-
dential or Commercial District and on each
side facing a public street by a solid fence,
wall or densely planted compact hedge not
less than six (6) feet or more than eight (8)
feet in height.
A. Principal Permitted Uses:
1. Any use permitted in the "C-3" Dis-
trict, except that alcohol sales uses
shall meet the regulations of the "C-2"
Commercial District [Ordinance 4976,
11/23/09] and except that no occupan-
cy permit shall be issued for any
school, hospital, clinic, or other insti-
tution for human care (excluding child
daycare facilities), or new dwelling or
residence except where physically at-
tached and a part of another permit-
ted use. This restriction shall apply to
new dwellings or residences only, and
shall not prohibit the rehabilitation,
reconstruction, or rebuilding of dwell-
ings or residences in industrial dis-
tricts that were legally built prior to
adoption of Ordinance 2479, adopted
02/03/69. Furthermore, any such le-
gally established dwelling or resi-
dence may be rebuilt, if damaged or
destroyed, on the same lot as legally
established, provided that all other
rules and regulations of this Ordi-
nance are met. For the purposes of
this Ordinance, any such legally estab-
lished dwelling or residence is not
considered a non -conforming use as
defined herein, but is considered a le-
gal use as described in this paragraph.
However, such rebuilding must occur
within two (2) years of the removal of
the original structure or within two (2)
years of removal of a legal replace-
ment structure. [Ordinance 3486,
6/15/87] [Ordinance 4614, 5/5/03]
2. Automobile assembly
3. Bag, carpet and rug cleaning; provid-
ed necessary equipment is installed
and operated for the effective precipi-
tation or recovery of dust.
4. Bakeries, other than those whose
products are sold at retail only on the
premises.
5. Welding or other metal working
shops, excluding shops with drop
hammers and the like.
6. Contractor's equipment storage yard
or plant or rental of equipment com-
monly used by contractors, storage
and sale of livestock, feed and/or fuel,
provided dust is effectively controlled
and storage yards for vehicles of a de-
livery or drying service.
7. Carting, express, hauling or storage
yards.
8. Circus, carnivals or similar transient
enterprises; provided such structures
or buildings shall be at least two hun-
dred (200) feet from any "R" District.
9. Coal, coke or wood yard.
10. Concrete mixing, concrete products
manufacture.
11. Copper works.
12. Creamery, bottling works, ice cream
manufacturing (wholesale), ice manu-
facturing and cold storage plant.
13. Enameling, lacquering or japanning.
14. Foundry casting light weight nonfer-
rous metals or electric foundry not
causing noxious fumes or odors.
15. Flammable liquids, underground
storage only, not to exceed twenty-
five thousand (25,000) gallons, if lo-
cated not less than two hundred (200)
feet from any "R" District.
16. Laboratories - experimental, film or
testing.
17. Stable, public or private, riding acad-
emy or club.
80
CHAPTER 19
"M-1" LIGHT INDUSTRIAL DISTRICT
10-19-1 REGULATIONS.
18. Machine shop.
19. Manufacture of musical instruments
and novelties.
20. Manufacture or assembly of electrical
appliances, instruments and devices.
21. Manufacture of pottery or other simi-
lar ceramic products, using only pre-
viously pulverized clay and kilns.
22. Manufacture and repair of electric
signs, advertising structures, sheet
metal products, including heating and
ventilating equipment.
23. Milk distributing station other than a
retail business conducted on the
premises.
24. Mini -storage development. [Ordinance
4683, 4/12/04]
25. Sawmill, planing mill, including man-
ufacture of wood products not involv-
ing chemical treatment.
26. The manufacturing, compounding,
processing, packaging, er—treatmentL
or storage of cosmetics, pharmaceuti-
cal, and food products, but not includ-
ing slaughter houses, stock yards, or
other facilities processing or handling
live animals, and not including except
fish and meat products, cereals, sau
crkraut, vinegar, yeast, stock feed,
flour, and the rendering or refining of
fats and oils.
27. The manufacture, compounding, as-
sembling or treatment of articles or
merchandise from previously pre-
pared materials such as bone, cloth,
cork, fiber, leather, paper, plastics,
metals or stones, tobacco, wax, yarns
and wood.
28. Automobile Body or Fender Repair
Shop. Vehicles not in running condi-
tion, not DOT operational and not be-
ing actively restored to running condi-
tion as well as machinery, salvage, or
used parts shall be located in an en-
closed building.
29. Wholesale Lumber Yards or Building
Material Sales Yards or Manufactur-
ing Facilities.
30. Storage Warehouse or Business in-
cluding mini -storage or storage rental.
31. Wholesale Warehouse or Business,
cross -docking warehouse, or shipping
terminal.
32. Recycling, Junk or Salvage Yards up-
on approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission and in
compliance with the requirements of
10-27-1(H)(8). Any new yard estab-
lished after the effective date of adop-
tion of this Ordinance shall have a
minimum fenced yard area of five (5)
acres. This provision shall not restrict
the expansion of an existing yard that
is less than five (5) acres.
33. Sales Auction including automotive,
farm implement, livestock, furni-
ture/appliances, and similar uses.
34. Delayed deposit services uses.
35. Fireworks Sales, provided that any
such structure or building used for
fireworks sales shall be at least two
hundred (200) feet from any "R" Dis-
trict, and provided that any tempo-
rary structure used for fireworks sales
(tent, trailer, cargo container, etc.)
shall be set back at least twenty-five
(25) feet from any property line. [Or-
dinance [Ordinance 5484, 2/18/19]
B. Accessory Uses:
1. Any accessory uses permitted in the
"C-3" Commercial District.
2. Any accessory uses customarily acces-
sory and incidental to a permitted
principal use.
81
CHAPTER 20
"M-2" HEAVY INDUSTRIAL DISTRICT 10-20-1 REGULATIONS.
missible which involve hazardous operations
or circumstances, or create conditions or ef-
fects which, if not properly managed, could
be unhealthy, offensive, or injurious to work-
ers or the public -at -large. For this reason,
and because the performance standards set
forth in this Ordinance provide only limited
control, it is necessary that any application for
"M-2" District be heavily scrutinized for
proper spatial relationship to adjoining dis-
tricts with respect to prevailing winds, traffic
patterns, service facilities such as sewer, wa-
ter, roads and public safety (police, fire and
emergency response), compatibility with sur-
rounding land uses, and other similar consid-
erations.
A. Principal Permitted Uses:
A building or premises may be used for
any purpose whatsoever except those listed
in subparagraph 1, 2, 3, 4 and 5 below, and
except as provided in Section 10-27-1(H):
1. No occupancy or building permit
shall be issued for any use in conflict
with any ordinance of the City of Wa-
terloo or law of the State of Iowa regu-
lating nuisances.
2. No occupancy or building permit
shall be issued for any dwelling,
school, hospital, clinic, or other insti-
tution for human care (excluding child
daycare facilities), except where phys-
ically attached and a part of another
permitted principal use. The provi-
sions of 10-19-1(A) (1) shall apply in
regards to dwellings legally estab-
lished prior to adoption of Ordinance
2479, adopted 02/03/69. [Ordinance
4614, 5/5/03]
3. No occupancy or building permit
shall be issued for gaming facilities,
except upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the Commission to
evaluate the site layout, traffic, and
other ordinance and code provisions.
The impact upon existing infrastruc-
ture and development as well as the
overall growth and development of
the community will also be reviewed.
[Ordinance 4735, 10/18/04]
4. No occupancy or building permit
shall be issued for any of the follow-
ing uses until and unless the location
of such use shall have been authorized
by the City Council after report from
the Fire Department and recommen-
dation by the Commission:
a. Slaughter houses or stock yards.
b. Manufacturing or wholesale stor-
age of acids.
c. Cement, lime gypsum, or plaster
of paris manufacture.
d. Distillation of bones.
e. Explosive manufacture or storage.
f. Fat rcndcringRendering or refin-
ing of fats and oils.
Fertilizer manufacture or pro-
cessing.
h. Garbage, refuse or dead animal
reduction or dumping.
i. Gas manufacturing and cylinder
recharging.
Glue, size or gelatin manufactur-
ing.
k. Refining or wholesale storage of
petroleum or petroleum products
or gasoline.
1. Manufacturing of rubber goods.
m. Smelting of tin, copper, zinc, or
iron ores.
n. Waste Disposal or Landfill.
o. Waste paper yard.
5. Alcohol Sales Uses, provided said use
meets the regulations of the "C-2"
Commercial District. [Ordinance 4976,
11/23/09]
g.
B. Accessory Uses:
1. Any accessory uses permitted in the
"M-1" Light Industrial District.
83
CHAPTER 25
VEHICULAR USE, PARKING AND LOADING AREAS, PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS.
10-25-2 OFF-STREET PARKING AREA REQUIRED.
lic view by incorporating the natural
landscaping and topography with in-
troduction of additional planting and
grading to accomplish this desire.
All parking areas for more than four
(4) spaces shall be aesthetically im-
proved in accordance with the Land-
scaping Regulations of Section 10-5-
1(S).
[Ordinance 3907, 12/21/92]
8. Where a parking facility does not abut
on a public street, there shall be pro-
vided an access drive not less than ten
(10) feet in width in the case of a
dwelling and not less than twenty (20)
feet in width in all cases leading to the
loading or unloading spaces and
parking or storage area required
hereunder. Except where provided in
connection with the use permitted in a
residential district, such easement of
access or access drive shall not be lo-
cated in any residential district.
9. Every parking lot shall be so arranged
as to provide for the orderly and safe
loading or unloading and parking and
storage of self-propelled vehicles. All
off-street parking facilities fronting on
a public street shall be so designed so
as to permit entrance and exit by for-
ward movement of the vehicle. The
backing or backward movement of
vehicles from an off-street parking fa-
cility onto a public street shall be
strictly prohibited, except for one and
two family dwellings and except mul-
ti -family row dwellings meeting the
requirements of 10-25-2(B)(18). [Ordi-
nance 5288, 06/15/15] The stacking of
parking stalls where access to a stall
requires driving over any portion of
another stall is prohibited, except for
one and two family dwellings. The
minimum driveway width between
two rows of parking stalls shall be fif-
teen (15) feet for 45 degree angled
parking, nineteen (19) feet for 60 de-
gree angled parking or for 45 degree
and 60 degree herring bone pattern
parking, and twenty-four (24) feet for
90 degree parking. The minimum
driveway width when other than be-
tween two rows of parking stalls shall
be fifteen (15) feet for one-way access
and twenty (20) feet for two-way ac-
cess.
10. The City Planner or representative
shall be responsible for reviewing and
approving the layout of all parking fa-
cilities in order to meet the stipula-
tions of these regulations. In addition,
in case any building, structure, or use
is not specifically mentioned herein,
the provisions for a use which is men-
tioned and to which said use is similar
shall apply.
11. Screening and Landscaping: All open
parking areas containing more than
four (4) parking spaces shall be effec-
tively screened as defined herein on
each side adjoining property situated
in a Residence District or any institu-
tional premises, except when the ad-
joining property is used for profes-
sional office or multi -family, by a wall
or densely planted compact hedge,
except if the closest point of such
parking area is at least one hundred
(100) feet from the nearest residential
or institutional property line or across
a street. For such parking areas sepa-
rated from property situated in a Res-
idence District or any institutional
premises by an alley, the screen shall
be required except along approved
points of access, provided that the
points of access are not more than
twenty-four (24) feet wide and not
less than thirty-six (36) feet apart.
Points of access more than twenty-
four (24) feet wide or closer than thir-
ty-six (36) feet apart shall be allowed
if the screen is installed on the oppo-
123
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
does not exceed two and one-half (2
/) feet above the grade.
23. Multiple faced Sign: A sign contain-
ing three or more faces.
24. On -Premise Sign: A sign relating in
its subject matter to the premises on
which it is located, or to products, ac-
commodations, services, or activities
on the premises.
25. Off -Premise Sign: A sign other than
an on -premise sign. Bus benches with
advertising are signs, but are regulat-
ed by Section 7-2B-3 of the City of Wa-
terloo Code of Ordinance. Also re-
ferred to as a Billboard. [Ordinance
5395, 04/10/17]
26. Pole or Post Sign: A freestanding
sign principally supported by pole(s)
or post(s) affixed to the ground and
not supported by a building. Such a
sign shall not be located within the
triangular area described in the defini-
tion of Monument Sign above unless
the bottom of the sign is ten (10) feet
or greater above the grade.
27. Political Sign: A temporary sign in-
tended to advance a political state-
ment, cause or candidate for office.
28. Portable Sign: Any sign not perma-
nently attached to the ground or to
the building (see Temporary Sign).
29. Projecting Sign: A sign attached to
the building that projects from the
building (usually perpendicular to the
building).
30. Real Estate Sign: A temporary sign
advertising the sale, lease, or rental of
the property or premises upon which
it is located.
31. Revolving Sign: A sign that revolves
360 degrees about an axis.
32. Roof Line: The top edge of a peaked
roof.
33. Roof Sign: A sign mounted on, and
supported by, the main roof portion of
a building.
34. Sign: Any structure or device de-
signed or intended to convey infor-
mation to the public in written or pic-
torial form for the purpose of bringing
the subject thereof to the attention of
the public. Flags displayed from flag-
poles or staffs will not be considered
to be signs.
35. Temporary Sign: A sign intended to
display either commercial or non-
commercial messages of a transitory
or temporary nature. Portable signs
or any sign not permanently embed-
ded in the ground, or not permanent-
ly affixed to a building or sign struc-
ture that is permanently embedded in
the ground, are considered temporary
signs.
36. Wall Sign: A sign that is in any man-
ner affixed to any exterior wall of a
building or structure and projects not
more than 18 inches from the building
or structure wall.
37. Window Sign: A sign affixed to or
painted on the surface of a window
with its message intended to be visible
to and readable from the public way
or from adjacent property.
C. Regulation of All Signs.
The regulations contained in this
chapter shall apply to and regulate signs
in all Districts except the "H-C" Highway
Corridor Overlay Districts. No sign shall
be located, erected, or maintained except
in compliance with these regulations. All
signs shall be considered as accessory us-
es to a Principal Permitted Use, except for
off -premise advertising signs and bill-
boards. All signs may be erected up to
the property line, unless otherwise speci-
fied in this Ordinance. Such signs shall
134
CHAPTER 26
OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
obtain a building permit and zoning ap-
proval prior to construction.
1. Exemptions: The regulations con-
tained in this Section shall not apply
to:
a. Traffic control signs or devices
placed or approved by the City of
Waterloo;
b. Signs located within buildings, ex-
cluding Home Occupations, or
within public sports complexes or
facilities;
c. Official signs of a non-commercial
nature erected by public utility
companies;
d. "For Sale" and "Garage Sale" type
signage less than six (6) square
feet on private property. Said
signage shall be removed when
the sale is completed; and
e. Political signs on private property
in compliance with the Code of
Iowa.
2. Prohibited Signs:
a. Non-exempt signs in street rights -
of -way excluding approved signs
in the "C-2" and "C-3" District,
and subdivision signs as provided
in this Section; and
b. Signs which resemble traffic con-
trol signs or devices.
c. With respect to the premises of
any establishment that is a limited
alcohol sales use (off -premise con-
sumption), except as set forth be-
low, any sign that includes any
image or verbiage that makes use
of the words "alcohol," "beer,"
"wine," "liquor," or any variant or
synonym of any such word, or any
type of such beverage, or that in-
dicates or suggests that such bev-
erages may be purchased in or
upon the premises, except that
banner, portable and temporary
signs shall be allowed if conform-
ing to the requirements of Section
10-26-1(C) (4) (j) and if not in viola-
tion of Iowa Code § 123.51. The
limitations of this paragraph shall
not apply to establishments locat-
ed in the "C-3" Commercial Dis-
trict, to any grocery store in which
the retail floor space in the build-
ing equals or exceeds 15,000
square feet, or to a pharmacy. [Or-
dinance 5465, 9/4/18]
3. Off -Premise Advertising Signs and
Billboards:
Off -Premise Advertising is a tradi-
tional and legitimate advertising me-
dium involving the lawful use of pri-
vate property. The term Off -Premise
Advertising Signs and Billboards shall
be considered synonymous. [Ordi-
nance 5395, 04/10/17]
Off -Premise Advertising should be
regulated to provide for safe struc-
tures to be properly located so as to
meet uniform standards for construc-
tion and maintenance and to be main-
tained to conform to a neat and pleas-
ant community appearance.
In all districts where permitted (C-2,
C-3, M-1, and M-2, excluding corridor
overlay districts), billboards shall have
a prime message area not to exceed
300 square feet. Billboards may exceed
300 square feet for unique site charac-
teristics including, but not limited to,
setbacks, surrounding land uses and
structures, spaciousness and visibility.
Such a request over the 300 square
foot limit must follow the procedure
by applying for a Special Permit from
the Board of Adjustment. In no case
shall the Board of Adjustment grant a
Special Permit that exceeds 672 sq. ft.,
and an embellishment, trim and skirt-
ing area not to exceed an additional
135
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
structure and, for decks in the front
yard, with a non -solid side wall, if any
at all, which cannot be enclosed in the
future as an addition to the home.
Non -solid wall shall mean a wall or
fence utilizing a spindle or board de-
sign with openings between boards
that are at least the width of the
boards. For porches in the front or
rear, or decks in the rear, a solid wall
may be used if it does not exceed for-
ty-two (42) inches in height above the
floor of the deck or porch. [Ordinance
4386, 10/18/99] [Ordinance 4656,
11/10/03]
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 ob-
tained from the Board of Adjustment [Ordi-
nance 3614, 1/9/89] after public hearing there-
on:
1. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, excluding parks or rec-
reational trails and accessory uses and
structures customarily incidental to a
park or recreational trail.
2. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion.
3. Hospitals, excluding animal hospitals,
and clinics, excluding clinics in the "R-
4" Multiple Residence District or less
restrictive district.
4. Group Homes (Unless located in a "C-
1" or less restrictive district). [Ordi-
nance 4554, 6/3/02]
5. Halfway (Rehabilitation) Houses. [Or-
dinance 4554, 6/3/02]
6. Community building, institutional or
community recreation center or field,
commercial and private outdoor rec-
reational uses such as baseball fields,
swimming pools, skating facilities,
golf course or country clubs, minia-
ture/ goofy golf and driving ranges,
Commercial Campgrounds, Hunting
and Fishing Clubs, Skeet or Trap
Shooting Ranges, Archery and Gun
Range Facilities, Outdoor Paintball
Facilities, Automobile Race Tracks,
Drag Strips, Go-cart Tracks, Mini
Bikes or Activity Areas for Motorcy-
cles, Snowmobiles, or ATV's, Drive-in
Theaters, or similar public or private
open air recreational uses and facili-
ties, excluding public or private parks
or pedestrian recreational trails and
accessory uses and structures custom-
arily incidental to a park or pedestrian
recreational trail. Private non-
commercial areas, such as non-profit
clubs, etc. shall only require Special
Permit approval if organized events
or activities occur more than 12 times
in a calendar year. [Ordinance 5395,
04/10/17]
7. Public or private cemetery or burial
ground. (Minimum thirty (30) acres)
[Ordinance 5395, 04/10/17]
8. Recycling, Junk or Salvage Yards as
defined in this Ordinance provided
that they are within the following zon-
ing classifications: "M-1" Light Indus-
trial District, "M-2" Heavy Industrial
District or "M-2,P" Planned Industrial
District and meet the following mini-
mum requirements:
The City of Waterloo in attempt to be
more sustainable and encourage more
ecologically friendly businesses
adopts these salvage yard regulations
in part based on the Iowa Recyclers
Association's I -CARE program. [Ordi-
nance 5426, 11/20/17]
148
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
a. The yard shall be completely sur-
rounded with a fence or wall that
is eight (8) feet in uniform height
and color. The fence shall be of an
opaque material and kept free of
any openings such as broken out
areas and torn holes. Chain link
or heavy wire gates may be used
for see through inspection pur-
poses for no more than forty (40)
feet along each side of the yard
having street frontage and at ap-
proved points of access to a public
street or alley. Chain link or heavy
wire fencing that is free from torn
areas or openings may be placed
along sides of the yard adjoining a
flood control levee or other such
barrier which would permanently
screen the yard from public view.
No storage outside of fenced area
except for receiving of vehicles
that must be moved in 5 business
days. [Ordinance 5426, 11/20/17]
b. No off -premise advertising shall
be on any wall or fence. The name
of the yard and other services of-
fered by the yard, if placed on the
wall or fence, shall occupy no
more than ten (10) percent of the
wall or fence.
c. The posts, rails or other support-
ing elements of the fence shall face
the inside of the yard and not be
visible from outside the yard.
d. Vehicle bodies stacked higher than
the wall or fence shall be no higher
than two (2) car bodies above the
wall or fence when stacked at least
fifteen (15) feet from the wall or
fence. Car bodies stacked no
higher than the fence need not be
15 feet from the fence. All other
stacked salvage material shall not
be stacked higher than the allowa-
ble building height for the District.
The Board of Adjustment shall
have the power to grant an excep-
tion to these stacking provisions
so long as said exception is in ac-
cordance with the purpose and in-
tent of the Zoning Ordinance.
e. All work performed shall be car-
ried on within the fenced area or
within an enclosed building or
structure approved as a part of the
salvage operation.
f. All automotive fluids must be
properly removed and managed
as part of the dismantling proce-
dure and/ or prior to crushing the
vehicles to ensure that no fluids
are discharged into the ground.
All fluids removed from the vehi-
cles must be stored in containers
that are in good condition. If con-
tainers are in excess of 55 gallons
and stored outdoors they must
have secondary containment and
be properly marked as to what flu-
ids they contain and be properly
stored to insure that they do not
lead into the ground, sewer sys-
tems, drainage pipes, or bodies of
water. [Ordinance 5426, 11/20/17]
No salvage materials shall be
placed in the Floodway District.
Materials in the Floodway Fringe
District (100 year flood district)
shall be in accordance with the
performance standards of that
District.
g•
h. New yards established after the
adoption of these provisions shall
place the required solid wall or
fence no closer to any street lot
line than the minimum front yard
required in the District in which it
is located. Within this setback
there shall be at least four (4) 2-
inch caliper understory trees with-
in every 100 feet or part thereof
that are maintained in a healthy
149
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
l•
condition. This does not pertain
to expansions of existing yards
within the same block and on the
same street as the existing yard.
All areas devoted to customer
and/or employee parking located
outside of the fence or wall area
must be hard surfaced and on pri-
vate property in accordance with
the off-street parking Section of
the Zoning Ordinance. [Ordinance
3104, 10/6/80] [Ordinance 3233,
8/2/82] [Ordinance 3323, 2/6/84]
[Ordinance 3614, 1/9/89] [Ordinance
3864, 6/1/92]
i. The Iowa Department of Natural
Resources must be notified of any
hazardous spill that has the poten-
tial to leave the property by run-
off, sewers, tile lines, culverts,
drains, utility lines, or some other
conduit; has the potential to reach
a water of the state, either surface
or groundwater; the substance can
be detected in the air at the
boundaries of the facilities; or
there is a potential threat to public
health and safety. [Ordinance 5426,
11/20/17]
Maintain a Spill Prevention con-
trol and Countermeasures plan
per EPA regulations. [Ordinance
5426, 11/20/17]
k. All lead -acid and hybrid batteries
are properly removed and man-
aged as part of the dismantling
procedure and/or prior to crush-
ing the vehicles. Spent lead -acid
batteries are placed either in a
covered storage area on an imper-
vious surface or in plastic contain-
ers with lids. Spent lead -acid bat-
teries are recycled through a repu-
table battery recycler. Hybrid bat-
teries should be recycled. [Ordi-
nance 5426, 11/20/17]
1. Refrigerant is evacuated from each
vehicle in accordance with appli-
cable regulations, or contracts for
refrigerant removal with a li-
censed vendor. Records are main-
tained for off -site refrigerant dis-
posal/reclamation that includes
the amount of refrigerant, the date
spent, and the facility that re-
ceived the refrigerant. [Ordinance
5426, 11/20/17]
m. Engines and transmissions to be
resold are stored under a perma-
nent roof on an impervious sur-
face, or in an outside covered
weather-proof container. Scrap
core, engines and transmissions
are stored under a permanent roof
on an impervious surface, in an
outside covered weather-proof
container, or an impervious sur-
face that drains to an oil -water
separator. [Ordinance 5426,
11/20/17]
n. Vehicle hoods are routinely kept
closed to reduce rainfall exposure
of engines that remain in the vehi-
cles stored in the yard. [Ordinance
5426, 11/20/17]
o. Spent solvents from the parts
cleaning systems are disposed of
with an authorized processor.
[Ordinance 5426, 11/20/17]
Waste water from parts washing is
either recycled or collected for
disposal in an approved manner,
and shall not be discharged to the
surface (ground) or any storm wa-
ter collection system. [Ordinance
5426, 11/20/17]
Waste tires are stored on -site with
at least 20 feet of clearance be-
tween tire storage areas, the pe-
rimeter of the yard and/or struc-
tures. No more than 500 exposed
non -racked tires and no more than
P-
q•
150
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
1,500 tires are kept on -site at any
given time. [Ordinance 5426,
11/20/17]
r. Fluorescent bulbs are managed as
Universal Waste and properly re-
cycled. [Ordinance 5426, 11/20/17]
s. Maintain compliance with City of
Waterloo Storm Water regulatory
requirements and IDNR storm wa-
ter general permit for industrial
classification 5015. [Ordinance
5426, 11/20/17]
t. Maintain Iowa DOT recycler's li-
cense, Iowa DOT Used car Deal-
er's license, Sales Tax Permit, and
Household Hazardous Material
permit (if any are required). [Ordi-
nance 5426, 11/20/17]
u. Any new impound lot must obtain
Special Permit approval and meet
all regulations as a Recycling, Junk
or Salvage Yard. Existing im-
pound lots that are not currently
licensed as a Recycling Yard under
Section 3-10 of the Code of Ordi-
nances shall obtain said license by
May 1, 2018. [Ordinance 5426,
11/20/17]
v. Must have current licenses, be up
to date on any required training
and follow all applicable state and
federal regulations. [Ordinance
5426, 11/20/17]
w. All recycling facilities within the
City of Waterloo are encouraged
to be certified under the Iowa Re-
cyclers I -CARE program. [Ordi-
nance 5426, 11/20/17]
x. Any new yard must be at least 600
feet from any protected use as de-
fined herein. [Ordinance 5426,
11/20/17] This provision shall not
restrict the expansion of an exist-
ing yard that is already less than
600 feet.
y. Any yard that has failed to renew
their Recycling Yard license pro-
vided in Section 3-10 of the Code
of Ordinances within six months
of the deadline will be considered
abandoned and will have to cease
operations or go through the Spe-
cial Permit process and meet cur-
rent regulations. [Ordinance 5426,
11/20/17]
9. Waste Disposal Site [Ordinance 3263,
3/7/83]. Any such request shall in-
clude the submittal of a site plan. The
Commission may require any specific
criteria to protect the health, safety
and welfare of the citizens of Waterloo
and vicinity, including, but not lim-
ited to the following items:
Detailed site plan delineating slope,
access, fencing, provisions for erosion
(wind and water), leaching, landscap-
ing, setbacks and other required pro-
visions.
Performance Bond to secure the reha-
bilitation of the site in accordance
with the approved plan.
Statement as to what types of wastes
will be contained in the site.
Review by the Iowa Department of
Natural Resources [Ordinance 3614
1/9/89], advising the City of the poten-
tial hazards and necessary safeguards.
10. Mobile Home Parks, including facto-
ry -built home parks and subdivisions
if the structures are not classified as
real estate.
11. Rubble Disposal Site, Rubble Fill Site,
or clean fill site, except clean fill ap-
proved as part of a development plan.
A duplicate of the application submit-
ted to the Black Hawk County Health
Department shall be submitted to the
Commission. The application shall
contain the signature of landowner,
legal description of property, a plot
151
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
26. Urban Animal Hobby Farms (UAHF)
except as provided for in Section 10-
27-1 (U), when the applicant can
demonstrate that such a use will not
constitute a nuisance on adjoining
property. Other criteria to determine
if a Special Permit shall be granted
shall include, but not be limited to:
size of lot in relation to the size and
number of proposed animals, size of
pen(s) in relation to the size and num-
ber of proposed animals, proximity of
surrounding development, in particu-
lar residential development, and the
proposed waste disposal plan. Failure
of a UAHF to comply with the re-
quirements for a UAHF or any re-
quirements or conditions placed on
the Special Permit approval for a
Hobby Farm shall be subject to review
by the Board of Adjustment to deter-
mine if the Special Permit shall be re-
voked. Any such property with farm
animals existing at the time of enact-
ment of this Ordinance shall apply for
Special Permit approval (if required)
for a UAHF or remove said farm ani-
mals prior to January 1, 2018. [Ordi-
nance 5417, 8/28/17]
27. Alterations and conversions of single
family dwellings or duplexes into two
family dwellings or multiple family
dwellings in accordance with the lot
area, frontage and yard requirements
as set forth in the Bulk Regulations of
the district in which it is located. [Or-
dinance 5288, 06/15/15]
28. Freestanding commercial parking lots.
[Ordinance 5288, 06/15/15]
29. Home occupations operated from an
accessory building (attached or de-
tached).
30. Utility scale solar farms of 750 kilo-
watt or larger.
Before issuance of any Special Permit for
any of the above buildings or uses, the Board
of Adjustment [Ordinance 3614, 1/9/89] shall
refer the proposed application to the Com-
mission, which shall be given forty-five (45)
days in which to make a report recomenda-
tion regarding the effect of such proposed
building or use upon the character of the
neighborhood, traffic conditions, public utili-
ty 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 Commission has been filed; pro
vidcd, however that if no report is received
from thc Commission within forty five (45)
days, it shall be assumed that approval of the
application has been given by thc Commis
cionmade recomendation. [Ordinance 3918,
1/11/93] The provisions of 10-28-4 (Special
Permit, Appeals, and Variances) shall also
apply.
Minor changes that do not substantially
alter the character of any Special Permit may
be administratively reviewed and approved
by the Planning staff. If staff determines that
the magnitude of such a change is insignifi-
cant in nature, staff may approve the change
without a review before the Commission and
public hearing by the Board of Adjustment.
[Ordinance 3918, 1/11/93]
Examples of minor changes include, but
are not limited to the following: the location,
construction, replacement or change in type
of signage, minor change in building loca-
tions, or change in the locations of access,
driveways, or parking areas, and may be car-
ried out through the administrative review
and approval of the Planning staff.
Minor changes may include additions to
an existing building which do not increase
the existing floor area by more than fifty (50)
percent of the floor area of the building pro-
posed to be added on to, or new buildings
with a floor area not exceeding ten (10) per-
cent of the floor area of all existing or ap-
proved principal buildings. A change from
154
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
one Special Permit use to another is not a mi-
nor change and shall require Board of Ad-
justment approval as though it were a new
request. [Ordinance 3918, 1/11/93] If staff de-
termines that the magnitude of any such
change is significant in nature or could be-
come significant in nature, the change shall be
deemed major and the change shall require
approval as though it were a new request. In
determining if a change is significant in na-
ture the Planning staff shall consider, among
other things, the overall design of the pro-
posed change and it's compatibility to the ex-
isting development and surrounding devel-
opment, as well as impact on the neighbor-
hood due to changes in parking, traffic, etc. or
changes in visibility or aesthetics from the
public roads or adjoining properties caused
by the proposed change.
I. Urban Renewal Plans.
Where the regulations with respect to lot
area frontage and yard requirements estab-
lished by Official Urban Renewal Plans
adopted prior to the date of adoption of any
zoning ordinance or amendment thereto con-
flict with the regulations of such ordinance or
amendment, the regulations contained in the
Official Urban Renewal Plan shall apply.
J. Appeal of Minimum Lot Width.
Any lot which does not meet the mini-
mum lot width or other bulk requirements of
the zoning district may appeal said require-
ments to the Board of Adjustment, where suf-
ficient hardship will need to be proven to
grant a Variance. [Ordinance 3122, 12/22/80]
K. Subdividing of Lots.
[Ordinance 3122, 12/22/80]
Any one or two family residential area
and/or "R-1" or "R-2" district where lots
have been platted and/or developed with
lots greater than the requirements of this Or-
dinance, lots may, if they have sufficient
property to, be subdivided to create buildable
lots of similar size after finding that the lots to
be created are similar to those existing in the
area. The minimum area and lot width of the
lots would be determined by averaging all
lots within a two hundred fifty (250) foot ra-
dius of the lot or lots to be subdivided. The
lots to be created must not be more than ten
(10) percent less than the average lot area and
lot width. This provision shall not apply if the
lots to be created are more than four (4) times
the minimum lot area of the district in which
the lots are located. In computing the aver-
ages, the lot or lots to be subdivided and any
lot with other than a one or two family resi-
dential use or in other than a "R-1" or "R-2"
district, or any lot that is more than four (4)
times the minimum lot area of the district in
which the lots are located shall not be includ-
ed. Buildable vacant lots in a "R-1" or "R-2"
district shall be included but non -buildable
vacant lots shall not be included. Divisions
for non -developmental or ownership purpos-
es only and divisions for zero lot line row
dwellings shall not be subject to this provi-
sion. All lots including the original lot or lots
so subdivided must meet all other applicable
yard requirements. [Ordinance 3221, 6/14/82]
L. Solar Collector Systems.
[Ordinance 3261, 2/7/83]
The following exceptions to yard re-
quirements and density requirements are al-
lowed for the placement of solar collectors in
all districts and solar collector systems shall
be considered a permitted accessory use in all
districts.
1. Front Yard: In residential districts, no
exceptions shall be allowed into any
front yard unless the collector is at-
tached to the dwelling and does not
intersect with the ground and provid-
ed that the projection does not exceed
twenty four (24) inches. In all other
districts the collector may extend a to-
tal of fifty (50) percent into the re-
quired front yard.
2. Rear Yard: In all districts, a collector
may extend ten (10) feet into any min-
155
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
imum rear yard, provided that a min-
imum of ten (10) feet rear yard is still
provided.
3. Side Yard: A solar collector may ex-
tend into either minimum side yard a
total of forty (40) percent of the re-
quired yard; however, this is not to
exceed a maximum of four (4) feet in
residential districts. In all other dis-
tricts the collectors may extend a total
of fifty (50) percent into the required
side yard.
4. Lot Coverage: The actual lot area oc-
cupied by the solar collector is includ-
ed in determining lot coverage. In ex-
isting residential districts, lot coverage
shall not be interpreted as to prevent
the placement of a forty (40) square
foot collector in any required rear
yard, provided that the other yard re-
quirements are met.
5. Height Requirements: Solar collec-
tors may extend ten (10) feet above
the height requirement of their district
when attached to the principal use on
the lot.
6. Solar Collectors proposed for any
"C-Z", "R-P", "S-1", or "M-2,P" must
submit a plot plan to the Planning
staff for administrative review. The
staff will review the plot for compli-
ance to the regulations set forth.
Should the system be substantial in
size, the staff may refer the request to
the Commission for review.
7. No portion of any solar collector sys-
tem shall extend above, beneath or
upon any easement, regardless of the
above stated exceptions to yard re-
quirements.
Utility Scale Solar Farms of 750 kilowatt
or larger size may be allowed in any zoning
district upon approval of a Special Permit by
the Board of Adjustment after recommenda-
tion of the Commission.
M. Placement of Mobile Home.
[Ordinance 3378, 12/17/84]
Mobile homes shall be placed only in mo-
bile home parks or mobile home sales lot, ex-
cept that one (1) mobile home may be placed
on a farm eighty (80) acres or larger in addi-
tion to an existing permanent dwelling pro-
vided that occupant of said mobile home is
active in the conduct of agricultural operation
of said farm.
No commercial, manufacturing, or pro-
fessional services shall be carried on in a mo-
bile home, trailer, recreational vehicle, or sim-
ilar motor vehicle, except for licensed and
approved transient merchants. Under no cir-
cumstances shall a mobile home be used as
an accessory structure. This is not to be con-
strued as prohibiting utilization of mobile
home or trailer for temporary uses on con-
struction sites or as deemed necessary by a
governmental authority during or following a
natural disaster.
N. Adult Uses.
[Ordinance 3642, 5/1/89]
1. The minimum separation require-
ments of adult uses may be varied by
the Board of Adjustment if the person
applying for the Variance files an ap-
plication for a Variance with the
building officialCity Planner. Includ-
ed with said application shall be a
consent petition which indicates ap-
proval of the proposed adult use
signed by 90 percent of the property
owners within 600 radial feet of the lot
on which the use would be located.
The Board of Adjustment, in consider-
ing such a Variance shall make the fol-
lowing findings: that the proposed
use will not be contrary to the public
interest or injurious to nearby proper-
ties, and that the spirit and intent of
the Ordinance will be observed, that
the establishment of an additional use
of this type in the area will not be con-
156
CHAPTER 28
BOARD OF ADJUSTMENT
10-28-4 SPECIAL PERMITS, APPEALS, AND VARIANCES.
contrary to the public interest and the
spirit of this Ordinance will be ob-
served and substantial justice done;
and where owing to special condi-
tions, a literal enforcement of the pro-
visions of this Ordinance will result in
unnecessary hardship.
Special conditions shall include but
not be limited to a property owner
who can show that his property was
acquired in good faith and where by
reason of exceptional narrowness,
shallowness or shape of a specific
piece of property or where by reason
of exceptional topographical condi-
tions or other extraordinary or excep-
tional situations, the strict application
of the terms of this Ordinance actually
prohibits the use of his property in a
manner reasonably similar to that of
other property in the district.
10-28-4 SPECIAL PERMITS, APPEALS,
AND VARIANCES.
[Ordinance 3393, 6/10/85]
The Board of Adjustment is hereby estab-
lished which shall hear and decide:
(i) applications for Special Permits
upon which the Board is author-
ized to pass under this Ordinance;
(ii) appeals; and
(iii) requests for Variances to the pro-
visions of this Ordinance; and
shall take any other action which
is required of the Board.
A. Special Permits (Conditional Uses).
Requests for Special Permits (also called
Conditional Uses) shall be submitted to the
City Planner who shall forward such to the
Board of Adjustment for consideration, after
recommendation of the Commission. Such
requests shall include a site plan in accord-
ance with Section 10-5-1(Q) and information
ordinarily submitted with applications as
well as any additional information deemed
necessary to the Board of Adjustment. The
following provisions shall apply:
1. Purpose: The development and ad-
ministration of this Ordinance is
based upon the division of the City in-
to Zoning Districts, within which Dis-
tricts the use of land and buildings
and the bulk requirements and loca-
tion of buildings and structures in re-
lation to the land are substantially
uniform. It is recognized, however,
that there are certain uses which, be-
cause of their unique characteristics,
cannot be properly classified in any
particular District or Districts without
consideration in each case of the im-
pact of those uses upon neighboring
land and of the public need for the
particular use at the particular loca-
tions. Such uses are typically publicly
operated or affected with a public in-
terest, or uses private in nature, but of
such an unusual nature that their op-
eration may give rise to unique prob-
lems with respect to their impact upon
neighboring property or public facili-
ties.
2. Initiation of Special Permit: Any per-
son having a freehold interest in land,
a possessory interest entitled to exclu-
sive possession, or a contractual inter-
est which may become a freehold in-
terest of an exclusive possessory in-
terest, either of which is specifically
enforceable, may file an application to
use such land for one (1) or more of
the Special Permitted uses provided
for in this Ordinance in the Zoning
District in which the use(s) are permit-
ted.
3. Authorization: For each application
for a Special Permit, the City Planner
or designee shall prepare and file with
the Board of Adjustment findings and
recommendations, including the rec-
ommended stipulations of additional
185
CHAPTER 28
BOARD OF ADJUSTMENT
10-28-4 SPECIAL PERMITS, APPEALS, AND VARIANCES.
cant shall be notified in writing over
the signature of the City Planner or
designee that: (1) the issuance of a
Variance will result in increased pre-
mium rates for flood insurance up to
amounts as high as $25 for $100 of in-
surance coverage; and (2) such con-
struction increases risks to life and
property.
5. All Variances granted shall have the
concurrence or approval of the Iowa
Department of Natural Resources
(IDNR).
D. Factors upon which the decision of
the Board shall be based.
In passing upon applications for Condi-
tional Uses or requests for Variances involv-
ing any regulation of Chapter 22, Floodway
and Flood Plain Districts, the Board shall con-
sider all relevant factors specified in other
sections of this Ordinance; and:
1. The danger to life and property due to
increased flood heights or velocities
caused by encroachments.
2. The danger that materials may be
swept onto other lands or down-
stream to the injury of others.
3. The proposed water supply and sani-
tation systems and the ability of these
systems to prevent disease, contami-
nation and unsanitary conditions.
4. The susceptibility of the proposed fa-
cility and its contents to flood damage
and the effect of such damage on the
individual owner.
5. The importance of the services pro-
vided by the proposed facility to the
community.
6. The requirements of the facility for a
flood plain location.
7. The availability of alternative loca-
tions not subject to flooding for the
purposed use.
E.
8. The compatibility of the proposed use
with existing development and devel-
opment anticipated in the foreseeable
future.
9. The relationship of the proposed use
to the comprehensive plan and flood
plain management program for the
area.
10. The safety of access to the property in
times of flood for ordinary and emer-
gency vehicles.
11. The expected heights, velocity, dura-
tion, rate of rise and sediment
transport of the floodwater expected
at the site.
12. The cost of providing governmental
services during and after flood condi-
tions, including maintenance and re-
pair of public utilities (sewer, gas,
electrical and water systems), facili-
ties, streets and bridges. [Ordinance
5049, 6/20/11]
13. Such other factors which are relevant
to the purpose of this Ordinance.
Conditions Attached To Special
Permits, Conditional Uses Or Vari-
ances.
Upon consideration of the factors listed
above, the Board may attach such conditions
to the granting of Special Permits, Condition
al Uses or Variances as it deems necessary to
further the purpose of this Ordinance. Such
conditions may include, but not necessarily
be limited to:
1. Modification of waste disposal and
water supply facilities.
2. Limitation on periods of use and op-
eration.
3. Imposition of operational controls,
sureties, and deed restrictions.
4. Requirements for construction of
channel modifications, dikes, levees,
and other protective measures, pro-
188
CHAPTER 32
AMENDMENTS 10-32-2 VIOLATION AND PENALTIES.
less the request changes significantly.
[Ordinance 3747, 10/8/90] [Ordinance
5288, 06/15/15] For purposes of this
Section, a proposed amendment, sup-
plement or change shall include any
major Site Plan Amendment.
No amendment, supplement, change
or modification to the flood plain
overlay district boundaries and regu-
lations shall be undertaken without
prior approval from the Department
of Natural Resources. [Ordinance 3393,
6/10/85]
D. Before any action shall be taken as
provided in this part, the party or par-
ties proposing or recommending a
change in the district regulations or
district boundaries shall deposit with
the City Tr asurcr Planner a filing fee
in accordance with the Schedule of
Fees, as adopted by resolution by the
City Council, to cover the costs of this
procedure and under no condition
shall said sum or any part thereof be
refunded for failure of said amend-
ment to be enacted into law. [Ordi-
nance 3889, 9/14/92] [Ordinance 4841,
10/16/06]
E. As part of an ordinance changing land
from one zoning district to another
zoning district, or approval of a Site
Plan Amendment, the City Council
may impose conditions on a property
which are in addition to existing regu-
lations if the additional conditions
have been agreed to in writing by the
property owner before the public
hearing of the City Council or any ad-
journment of that hearing. The condi-
tions must be reasonable and imposed
to satisfy public needs which are di-
rectly caused by the requested change
in zoning district or Site Plan
Amendment. Said conditions shall be
listed on the ordinance or resolution
approving such change.
10-32-2 VIOLATION AND PENALTIES.
[Ordinance 3642, 5/1/89]
[Ordinance 3973, 9/27/93]
[Ordinance 4456, 1/22/01]
[Ordinance 5135, 11/5/12]
A. Except as set forth in subsection B below,
any person, firm, company or corporation
who violates, disobeys, omits, neglects, or
refuses to comply with or who resists the
enforcement of any of the provisions of
this Ordinance shall be guilty of a munic-
ipal infraction and be subject to a civil
penalty as set forth in section 1-3-2 of the
Code of Ordinances.
B. Any person, firm, company or corpora-
tion who violates, disobeys, omits, ne-
glects, or refuses to comply with or who
resists the enforcement of any of the fol-
lowing provisions of this Ordinance shall
be guilty of a municipal infraction and
shall be subject to a civil penalty as set
forth in section 3-2-11 of the Code of Or-
dinances: section 10-3-1 (specifically, the
definitions of Alcohol Sales Uses and
Floor Space therein), section 10-14-1(A)(4),
sections 10-15-1(A) (1) and (A) (3), section
10-18-1(A) (2), section 10-24-1, section 10-
26-1(C) (2), section 10-27-1(H) (15), section
10-27-1(Q), and 10-27-1(R).
C. In addition to the penalties provided for
in subsections A and B above, any person,
firm, company or corporation that is
guilty of a municipal infraction thereun-
der shall be subject to all of the remedies
available under Iowa Code section 364.22
and any amendments thereto, including
but not limited to ordering the defendant
to abate or cease the violation, authoriz-
ing the City to abate or correct the viola-
tion, and ordering that the City's costs for
abatement or correction of the violation
be entered as a personal judgment against
the defendant, assessed against the prop-
erty where violation occurred, or both. In
addition to the penalties stated above in
this section 10-32-2, an administrative fee
of one hundred dollars ($100.00) will be
195
CITY OF WATERLOO
Council Communication
Discussion of downtown parking.
City Council Meeting: 6/6/2022
Prepared: 5/27/2022
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 5/27/2022 - 3:54 PM
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement/
Background Information:
Neighborhood Impact:
Data:
Community Engagement
Methods:
Analysis and Strategies:
Implementation, Accountability,
and Communication::
Expenditure Required/ Source
of Funds:
Alternative:
Discussion of downtown parking.
Submitted By: John Chiles, Ward 1 Council member